Terms and conditions
Preamble
The purpose of these General Conditions of Sale (GTC) is to define the conditions applicable in connection with the services provided byian.ch, Kalbermatten to the customer, i.e. the rights and obligations of the parties relating to the provision of services by the provider (ian.ch, Kalbermatten) on behalf of the customer in the context of his commercial activity. If applicable, in the event of discrepancies between the language versions, the French version of the aforementioned general conditions shall prevail. In addition to the version on the website mentioned below,ian.chwill send the customer, if necessary and on simple request, a copy of these general conditions.
I.Legal form
Under the terms of these general conditions and on the website https://www.ian.ch/, ian.ch, Kalbermatten is understood as an individual reason under Swiss law for the purpose of video production of any kind, creation of content for social media, photos, graphics and marketing.
ian.ch, Kalbermatten
Ian Kalbermatten
Path of the bisses 56
1965 Savièse
Valais, Switzerland
E-mail :info@ian.ch
Telephone: +41 78 658 73 64
Registered in the commercial register: IDE\UID CHE-346.764.693
II.Interpretation
For the purposes of these General Conditions of Sale, the following terms mean:
“General Conditions”: These general conditions of sale.
" Service provider " :ian.ch, Kalbermatten, represented by Mr. Ian Kalbermatten
“Client”: Any natural or legal person who has used the skills toian.ch, Kalbermatten in connection with the operation of its social purpose.
“Services” – All the service services related to video production made available to the Client byian.ch, Kalbermatten
"Quotation or Offer": Written document in the text of which the Service Provider offers services related to video production at a certain price which he undertakes not to modify, within the time limit, as long as the Client does not has not expressed its acceptance or refusal.
“Order”: Oral or written agreement (e.g. acceptance of a quote or an offer), given to the Service Provider by the Client, concerning the supply and/or the performance of services related to video production and specifying in particular the quantity of videos, the duration of the video, the hours dedicated, the different characteristics, the price conditions and the execution times, of these services.
III.Scope
1. These general conditions of sale govern the relationship betweenian.ch, Kalbermatten and the Customer, subject to special and mandatory legal provisions.
2. By appealing toian.ch, Kalbermatten for the provision of services and services related to video production, that is to say in connection with the achievement of its social purpose, the Customer expressly acknowledges accepting these general conditions of which he declares to have read, and this without any modification and in their entirety.
3.ian.ch, Kalbermatten is free to modify these general terms and conditions from time to time. In such a case,ian.ch, Kalbermatten will inform the Customer of any adjustment of the general conditions by indicating and/or highlighting the content of the modified provisions. The change is an integral part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text within one week of receipt of the notice of change.
IV. The command
1. Any order implies the unreserved acceptance by the Customer of these general conditions from the moment from which the latter affixes his signature to a quote or an offer, without prejudice to any special conditions subject to an agreement betweenian.ch, Kalbermatten and the Client.
2. An estimate or purchase order signed by the customer takes the place of a firm order. It must be honored and paid in full.
3. All work undertaken byian.ch, Kalbermatten and entailing an expense to be borne by the Customer will be the subject of prior estimates.
4. The execution of the works only takes place after the Customer's approval and payment by the latter of a deposit between 30% and 50% on the bank account ofian.ch, Kalbermatten.
5. In the event that the Customer decides to modify, reject, cancel or interrupt the work in progress,ian.ch, Kalbermatten will be obliged to invoice in full the sums incurred by it, and this, in accordance with the estimate signed by the Customer.
6.ian.ch, Kalbermatten cannot under any circumstances incur any liability in connection with cancellations and/or changes decided by the Customer after approval of the quote.
V. Cancellation of a signed contract
1. The cancellation of an estimate approved and signed by the Customer is not possible under any circumstances, except with the exceptional agreement ofian.ch, Kalbermatten.
2. Any cancellation of a shoot or project (validated orally or in writing) by the Client must be notified toian.ch, Kalbermatten, represented by Mr. Ian Kalbermatten at least 48 hours before the date agreed for the shooting.
3. In the event of non-compliance with the aforementioned deadline, the Customer must pay in favor ofian.ch, Kalbermatten for a lump sum compensation amount of CHF 199.- excluding tax and costs incurred in connection with the project (hours of preparation, rental of a place, equipment, insurance, props).
4. Apart from this exceptional framework of point 2 and 3, any acceptance of the quote or offer submitted byian.ch, Kalbermatten to the Customer, namely the validation of the services to be provided, is firm and definitive. The breach of this provision (V) by the Customer entails the application of article V§5 of these general conditions.
5. In this context, or in the event of cancellation by the Customer, the latter expressly undertakes to waive all steps and/or recourse against Mr. Ian Kalbermatten for reimbursement purposes.
VI. The production of the video
1. The Customer undertakes to provideian.ch, Kalbermatten all the necessary information in connection with the creation of a video.
2. The Customer agrees to check the turns of phrase and spelling of the text content transmitted toian.ch, Kalbermatten. He is responsible for the content transmitted.
3. The Customer undertakes to provideian.ch, Kalbermatten scripts, storyboards, graphic documents, actors, filming locations and usable media if agreed.
4. The retouching of images, logos or graphic content that will be integrated into the video to be created will be subject to a prior estimate.
5. Alterations and modifications produced byian.ch, Kalbermatten at the request of a Client are subject to one hour of free retouching. If the Client wishes more time dedicated to alterations, he will have to request an additional tailor-made offer adapted to the Client's needs.
6.ian.ch, Kalbermatten, bears no liability in connection with the weather and accidents during filming.
VII. Intellectual Property
1. The Customer remains the sole holder of all copyrights resulting from the services and services provided within the framework of the execution of an order.
2. The customer has the right to use the content, which must comply with the legislation in force and applicable in the context of his activity (in particular with regard to doctors, lawyers, notaries, etc.) and in the countries where he disseminates his communication.
3.ian.ch, Kalbermatten, ce reserves the right to use any creation for its showreel, website, social networks and portfolio.
VIII. Media delays and losses
1.ian.ch, Kalbermatten, this sets the goal of maintaining the deadline fixed on the estimate.
2. In the event that the video or performance is delayed for reasons not attributable toian.ch, Kalbermatten, the Customer expressly undertakes to waive all steps and/or recourse against Mr. Ian Kalbermatten for reimbursement purposes.
3. In the unfortunate event that there is loss of media after filming for any reason,ian.ch, Kalbermatten undertakes to offer the 2nd shoot to catch up with the plans.
IX. Sending the video and its backup
1.ian.ch, Kalbermatten, is entitled to choose a means of data transfer such aswww.swisstransfer.chin order to guarantee the delivery of the service without loss of quality to the customer. This link is valid for 30 days.
2. No responsibility lies withian.ch, Kalbermatten for the event that a technical failure of any kind attributable to this link. In case of problem, please contact us by email atinfo@ian.ch.
3.ian.ch, Kalbermatten can in no way be held responsible in the event of the loss of videos shot for the client 3 months after the latter has been finalized. The final validated video is kept on a hard drive for 3 months. Any additional duration must be borne by the Customer with related costs.
VI. Billing
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Orders are invoiced after the final service has been sent. The payment of a deposit between 30% and 50% of the price appearing in the estimate is required before the start of the execution of the order.
2. Payment is due in principle 30 days from the date of receipt of the invoice, subject to other terms provided for in the estimate.
3. Non-payment by the Customer, either 31 days from the date of invoicing or according to the terms and conditions relating to the estimate signed by the Customer, gives the right to invoicing byian.ch, Kalbermatten of the following late fees:
– 40.00 CHF.HT due to the first reminder;
– 80.00 CHF.HT on the second reminder;
4. In the event that the Customer does not pay his invoice within 8 days after receipt of the 2nd reminder, legal action will be taken against him, and this, with all the consequences that this implies, in particular the charge prosecution and enforcement costs.
5. Default interest of 2% may be charged on the entire value of the estimate not paid at the end of the payment period (generally 30 days following the date of notification of the slip).
VII.Rates and VAT
1. All prices indicated on the order form are exclusive of tax, i.e. VAT not included.
2. The tariffs (prices) of the services ofian.ch, Kalbermatten may change from year to year.
3. The prices are defined beforehand byian.ch, Kalbermatten and validated by the Customer's signature on the quote, which will act as a contract with the Customer.
XII.Personal data and confidentiality
1.ian.ch, Kalbermatten scrupulously complies with the applicable data protection regulations.
2. All personal data will be considered confidential. The information necessary for the management of the order will be subject to computer processing.
3. The personal data given or transmitted by the Customer in connection with the execution of the order will be used only in this context and stored for the time necessary, in particular for the maintenance and/or the follow-up necessary for the proper execution. of the order.
4. The personal data transmitted to him by the Customer in the context of the execution of an order will be treated with precaution, care and diligence.
5. Unless necessary for the proper execution of the order, the aforementioned personal data will not be disclosed or shared with third parties.
However, during a presentation of the work ofian.ch, Kalbermatten reserves the right to be able to demonstrate the results provided to a Client ofian.ch, Kalbermatten from a third party. If the Customer does not wantian.ch, Kalbermatten can show videos of its customers on its performance as a reference, The Customer must expressly make a request in writing and by registered mail for a non-disclosure contract at the time of signing its quote and/or contract .
XIII. Applicable law and competent jurisdiction
1. Swiss law applies to all services provided byian.ch, Kalbermatten to the Customer.
2. The competent court for all disputes relating to the application of these general conditions and the sales contracts concluded in connection with them is the court. He is the one of the place where the seat is locatedian.ch, Kalbermatten.
3. As a general rule, in the case of a contract with a consumer, the place of jurisdiction is the place of residence of the consumer.
The conditions are applied automatically on the quote for the services ofian.ch, Kalbermatten signed by the Customer who undertakes to respect the General Conditions of Sale represented by Mr. Ian Kalbermatten and within the framework of our commercial relationship.