Terms and conditions of sale
EXPLOITATION AND REPRODUCTION RIGHTS OF THE VOICE-OVER RECORDINGS
The present document is a contract defining your rights relative to the exploitation of the voice-over services produced by Miss GUERIN Chloé (known as chloeguerin.fr), Actress-Interpreter / Professional voice-over and owner of the site www.chloeguerin.fr.
By placing an order for voice-over services with Miss Chloé GUERIN, named CHLOEGUERIN.COM, the Client declares that he/she accepts the present GENERAL CONDITIONS in full and without restriction. These conditions are concluded between THE CHLOEGUERIN.COM CONCEDENT and THE CUSTOMER. The Customer is named in the details of his order and the invoice.
1 - Preamble
The voice-over recordings made by CHLOEGUERIN.FR are not managed by the SACEM or any other collective management organization for copyright or any other organization such as the SCPA; consequently, these organizations cannot ask for any royalty or remuneration of any kind from the Customer.
However, and in particular within the framework of the use made by the customer (voice mixed with a music for example) or of diffusion in a public place, a legal provision which relates to the "neighbouring rights" can apply, in which case the mandated organization is the SPRÉ; being a law, neither CHLOEGUERIN.FR nor any other entity can exempt you from it if it applies.
2 - Rates and payments
The prices are those applicable at the time of the order, either in accordance with the estimate established or the basket made online. The prices are expressed in Euro (Net). The pricing conditions made on the quote are valid for a period of 30 days from the date of the offer. The rates, defined by CHLOEGUERIN.COM, take into account the final use that will be made of the voice-over recordings ordered, this use being defined in these conditions.
The invoices must be paid exclusively by bank transfer or Paypal. These are to be paid "before registration", either within 30 days following the issue of the invoice, or at the validation of the online basket. The file containing the voice-over is sent after the payment of the said invoice via the customer area of the site and/or via Smash.
Exploitation / diffusion rights : specific clause
All orders for voice-over recordings are subject to full and immediate payment of the amount indicated on the invoice (net price) sent to the customer upon receipt of the invoice. For any order, the right of exploitation is firm and definitive. No refund will be made.
Full collection of the invoiced amount results in a broadcasting authorization (rights buy-back). No right of distribution, exploitation or any use whatsoever is granted as long as the invoice remains outstanding, i.e. unpaid or even partially paid. In this case, CHLOEGUERIN.COM can prohibit any exploitation and use of the registration until recovery of the totality of the invoiced balance; and if necessary, to engage a procedure of debt recovery called: injunction to pay.
Services, recordings: specific clause
Late fees & recovery costs
Allowance for recovery costs : Any delay of payment gives place, in addition to the penalties of delay, to the payment of a fixed allowance for expenses of recovery to the profit of CHLOEGUERIN.FR. This allowance, of a value of 40€, is due automatically and without formality by the Customer in delay. When the expenses of recovery are higher than the amount of the fixed allowance, CHLOEGUERIN.FR can ask, on justifications, an additional compensation.
For all professional and business customers excluding individuals, in accordance with Article 121-II of Law No. 2012- 387 of March 22, 2012, any payment incident is subject to a fixed fee of 40.00 EUROS (€) Net.
Collection fees amount to 40 EUROS € for any invoice not paid on the due date.
The rate of late penalties is set at 12% per reminder after deadline.
3 - Use of voice-over recordings
In return for full payment of the price of the voice-over services ordered from CHLOEGUERIN.COM, the Customer shall integrate the work delivered within the limits and conditions set out in the terms and conditions and the invoice, to the exclusion of any other use. Any other use will be subject to prior written authorization and/or the acquisition of an additional license and/or the establishment of a contract specific to the desired use. CHLOEGUERIN.COM reserves the right not to grant additional authorization without having to justify the reasons.
Strictly forbidden :
- Any form of counterfeiting;
- Any use linked directly or indirectly with any form of infringement of a third party, trademark law, or any legal or physical person,
- Any use directly or indirectly related to the sex trade,
- Any use related directly or indirectly with any form of incitement to racial, religious, political hatred, violence, illegal acts, degrading, which may shock the public mind,
- And more generally any use considered directly or indirectly as "contrary to morality";
4 - Reproduction of a voice-over performance
The Customer may reproduce on any type of medium the voice-over recording licensed to him, if and only if said reproduction is considered as a back-up copy or if the specific clauses of the license obtained explicitly allow it.
5 - Assignment - resale - transfer of license
The Customer (generally a radio station, an audiovisual production company or an online VOICE-OFF service company on the Internet) is authorized to resell the VOICE-OFF service to the Sponsor (the customer who placed the order) for the uses specified between the parties by e-mail, and in the invoice issued by CHLOEGUERIN.FR; however, the Sponsor is not authorized to resell or grant sub-licenses No form of transfer of rights is authorized beyond the original use provided for in the VOICE-OFF recording order.
Generally speaking, the Sponsor may not rent, sell, transfer or grant any right to the VOICE-OFF recordings in any form whatsoever to any legal person.
6 - Authorized modifications
Any form of sampling, mixing, sound processing of the voice-over recording is authorized by the client in compliance with the initial order for which the estimate, recording and invoice were established. The use of the voice-over recording at the origin of the order is mentioned on each invoice and may not be diverted from its intended use.
7 - Exploitation rights released under payment of invoice
The exploitation rights of the delivered "voice-over" sound recordings, delivered by CHLOEGUERIN.COM, begin upon receipt of the totality of the payment of the invoice sent; and end automatically in case of violation by the Client of his obligations with regard to the said contract. CHLOEGUERIN.COM reserves the right to immediately and irrevocably cancel any license whose use would be in connection with a fact considered as "contrary to morality" or contrary to article 3 of this document or contrary to the public order or being the object of an unpaid invoice. The Customer shall immediately cease all use of the voice-over recordings provided by CHLOEGUERIN.COM. Any violation of this contract by the Customer, or any violation of the Intellectual Property Code may result in legal proceedings.
The applicable sanctions are those defined in the Intellectual Property Code. CHLOEGUERIN.FR reserves the right to cancel the right to use the registration in case of force majeure.
8 - Liability - limits of liability
CHLOEGUERIN.FR undertakes to keep confidential any information provided by the Client (a radio station, an audiovisual production company or an online VOICE-OFF service company on the Internet), which has however been declared as such beforehand by this same Client.
The Customer is solely responsible for setting up the voice-over recordings for use and broadcast; this procedure is the sole responsibility and liability of the Customer
CHLOEGUERIN.FR declines all responsibility for the possible consequences, whatever their nature, of the use of the voice-over recordings and the use of the computer files made available to the Client, and/or the non-possibility of using the computer files provided by CHLOEGUERIN.FR.
CHLOEGUERIN.COM shall not be liable for any damages incurred by the Customer as a result of the use or inability to use the voice-over recordings.
9 - Guarantee
Defects in tone, diction or the need to rework a script should be reported within the 7 days following the delivery of the order. In this case, the Customer will be able to obtain one or more revision(s) called: "retake(s)" of the registration according to the modifications communicated by the customer. To be noted Any modification of the script after delivery of the audio file(s) may be subject to a monetary supplement (new invoice) depending on the workload related to these modifications. Any resumption after recording for script change is charged at a minimum of 5 €.
10 - Delivery
Each delivery of a voice-over order is accompanied by an invoice.
The free delivery of the products is done by internet download, and/or e-mail attachment, and/or other electronic forms. CHLOEGUERIN.FR declines all responsibility if the Customer does not receive the e-mails sent to him (anti-spam software, any computer and/or Internet access problem blocking the reception of e-mails sent by CHLOEGUERIN.FR).
In case of problem of transmission of the files by electronic way, the Customer will warn CHLOEGUERIN.FR within the 7 days following the delivery of the order and may agree together on a postal shipment at the expense of the Customer.
Voice-over recordings are provided via a digital medium (download, CD-Rom, DVD-Rom, floppy disk, USB key, flash memory, or any other type of computer media) in the form of a WAV audio file, or on request: MP3 (or other format to be specified when ordering).
By default, voice-over recordings are made by CHLOEGUERIN.FR, equipped with a professional home studio. The quality of the recordings is sufficient for the use of website wrapping, radio and/or television advertising, telephone on-hold messages, internal company videos, etc. Voice-over services for television and/or cinema can, upon specific request from production companies, be carried out on their premises.
11 - Intellectual Property
All studies, estimates, proposals, documents established by CHLOEGUERIN.FR remain and remain the property of CHLOEGUERIN.FR and cannot be communicated to third parties nor reused by the customer.
12 - Right of reference
This also applies to all licenses, regardless of their specificity. CHLOEGUERIN.FR is entitled to mention the Customer among its references, with the agreement of the customer and transmission of the final assembly for purposes of online demonstration, called - DEMO - on the CHLOEGUERIN.FR website at the following links
- Audio demos: http://chloeguerin.fr (Unless otherwise specified by the production company: for example, project under confidentiality agreement).
13 - Specific articles concerning voice-over services
The Customer is allowed to cut, process and mix a raw voice-over produced by CHLOEGUERIN.COM without prior agreement. The area(s) of use granted for an order will be clearly mentioned in the invoice.
14 - Data Processing and Liberties
In accordance with the French Data Protection Act n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Customer has the right to access, update and delete data (e-mail address) concerning him. The Customer can exercise this right by sending an e-mail or a simple or registered letter to CHLOEGUERIN.FR.
The information collected via the contact form is recorded in a computerized file by chloeguerin.fr for la gestion de sa clientèle.
They are kept for 5 years and are intended for chloeguerin.fr
In accordance with the law "Informatique et Libertés", you can exercise your right of access to the data concerning you and have them rectified by contacting : firstname.lastname@example.org
We inform you of the existence of the "Bloctel" list of opposition to telephone canvassing, on which you can register here: https://conso.bloctel.fr
15 - Law and jurisdiction
The voice-over recordings produced and delivered by Chloé GUERIN, are governed by the rights applicable to Performers (CPI, art. L. 212-1 s.). Also applies to all licenses, regardless of their specificity. The French law is applicable to the present. Any dispute between the parties, whether arising from the validity or interpretation of the present agreement, shall be submitted to the jurisdiction of a court.
✐ Exploitation rights are granted for each voice-over recording. Exploitation rights vary depending on the use of the recording and the broadcast media. For more information, please contact me.