Terms & Conditions

The www.bkf-prod.com website is edited by Theo Pouy, freelance webdesigner.

BKF PROD is a SASU (simplified joint stock company) with capital of €1,000, registered with the PARIS Trade and Companies Register under number: B 845 310 911
Registered office: 61 rue de Lyon, 75012 PARIS

Intracommunity VAT number:
FR53845310911 Publication Director and legal representative: Sarah Zibi

Website host: https://webflow.com/hosting

Contact:
ZIBI
0767425457
sarah@bkfprod.com

GENERAL TERMS AND CONDITIONS OF SALE  

These General Terms and Conditions of Sale (GTC) apply to all services ordered by the Customer and performed by BEKEF PROD (the Service Provider). BEKEF PROD may modify the GTC at any time. These modifications will have no impact on orders already in progress. Any new services ordered by the Customer will be subject to the new GTC. BEKEF PROD cannot be held liable for this.

1 - PARTIES TO THE AGREEMENT

The term "Client" refers to any company/community/association, legal entity or natural person, that has requested the services of BEKEF PROD for any creation within the scope of its expertise as an audiovisual production agency. The term "Third Party" refers to any natural or legal person who is not a party to the contract. The term "Service Provider" refers to EURL BEKEF PROD, an audiovisual production agency, SIRET: 84531091100019, whose registered office is located at 61 rue de Lyon, 75012 Paris.

2 – GENERAL INFORMATION

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in connection with the sale of services provided by the Service Provider to its Customers in the context of audiovisual production. If the Customer is an individual, they acknowledge that they are of legal age in accordance with the laws of the country in which they reside. The Client using the services of BEKEF PROD acknowledges that they have read and accepted without reservation the following general terms and conditions of sale, as well as the warnings set out in Extract from Law No. 57-298 of March 11, 1957 on artistic property (Official Journal of March 14, 1957) concerning authors' rights under intellectual property laws. To this end, when placing an order, the Customer shall affix their signature preceded by the handwritten words "read and approved" at the bottom of this document, or, where applicable, an agreement by email shall serve as acceptance of the above document.  

3 - CUSTOMER RESPONSIBILITY

The Customer undertakes to provide accurate and truthful information and undertakes to notify the Service Provider of any changes to the data provided and shall be solely responsible for any malfunctions that may result from incorrect information. The Customer must maintain a valid email address and postal address.  

4 - COMMITMENTS OF THE PARTIES

In general, the Client and the Service Provider undertake to collaborate actively to ensure the proper performance of the contract. Each party undertakes to communicate any difficulties of which it becomes aware as the project progresses, to enable the other party to take the necessary measures.

a/ The Customer
To enable the Service Provider to carry out its assignment, the Client undertakes to:
• Draw up detailed specifications which will not be subject to further modification, except by agreement between the parties, once they have been approved by the Service Provider. In the event that changes involve a substantial revision of the initial specifications, these will be invoiced in addition to the initial quote. • Provide the Service Provider with the purchase order/quote (dated, signed, and stamped). • Provide all the documentary, graphic, and textual elements necessary for the proper performance of the contract (in particular in the correct formats for the intended media). The client undertakes to provide all the legal information to be included in the documents.
• Have the necessary rights to the elements provided above. The client shall be solely liable in this regard.
• Actively collaborate in the success of the project by providing the Service Provider, in a timely manner, with all the information and documents necessary for a proper understanding of the requirements and the proper performance of the services.
• Strictly comply with the technical and creative recommendations made by the Service Provider.
• Indemnify the Service Provider against any action that may be brought against it due to the nature of the data or information (text, images, sounds) provided or chosen by the Client.
• Pay the amounts due to the Service Provider within the specified time limits.
• Inform the Service Provider of any competition with other service providers.  

b/ The Service Provider

If necessary, the Service Provider may assist in drawing up the specifications, in conjunction with the Client.
• The Service Provider guarantees that the work produced is legally available and is not subject to any third-party rights, whether or not they are employees of the Service Provider, for the uses provided for in the contract.
• The Service Provider undertakes to keep the Client regularly and effectively informed of the progress of the project, in particular through validations submitted to the Client.
• The Service Provider undertakes to provide the license agreements for the works/art (music/videos) purchased for the purposes of the project.
• In terms of confidentiality and throughout the duration of this contract and even after its termination for any reason whatsoever, the Service Provider undertakes to keep strictly confidential all information and documents of any kind relating to the Client to which it may have had access in the course of performing this assignment.
• The Service Provider shall systematically submit to the Client a quote describing the scope and financial conditions of the transfers and authorizations referred to in the preceding paragraphs. The Client shall thus be informed of the scope of the authorizations and rights acquired, and undertakes to comply with them, even after the expiry of the operation and/or its contractual relations.  

5 - ADDITIONAL COSTS

Travel expenses necessary for the proper performance of the contract may also be billed to the Customer.  

6 - PURCHASE ORDER AND START OF WORK

The quote and the GTC (general terms and conditions of sale) signed by the Customer are valid exclusively together for acceptance of the latter and serve as an order form. This must be accompanied by payment of 50% of the total price of the services to be provided. Work will commence when all documents (signed quote and GTC, 50% of the total amount paid) and documentary, graphic, and textual elements necessary for the proper performance of the contract are available to the Service Provider. In the event of filming involving technicians and equipment or the purchase of art exceeding 20% of the total estimate, the 50% deposit may be modified to include all filming services.  

7 – VALIDATIONS


7-1 - After the project creation phase(s), the Client agrees to send the Service Provider clear and explicit approvals by email or via Wipster (a collaborative platform made available to the Client by the Service Provider). Access to this platform implies acceptance of this channel as a means of approval.

7-2 - If the client does not approve or request changes to the video productions within thirty days, they will be considered approved by both parties. Work that has been completed, delivered, and tacitly approved implies that the corresponding amounts for this work are due.  

7-3 - MONITORING AND VALIDATION PROCEDURES
BEKEF PROD's work is carried out in accordance with the initial brief approved by the Client. Each stage of creation is subject to approval by the Client, who is entitled to a maximum of three (3) rounds of revisions per stage.Beyond these three (3) rounds of revisions, any additional modification requests, as well as any exceeding of the initially planned working time, may be subject to additional billing. BEKEF PROD also reserves the right to consider the work completed and compliant, referring to the initial brief and the intermediate approvals formally issued by the Client. In this case, the amounts corresponding to the services provided are due. 

8 - INVOICE AND PAYMENT

Unless an additional payment period has been clearly agreed, payment of the invoice is due on the date of delivery or at the latest 30 days after the invoice has been issued. Payment shall be made by bank transfer or by check made payable to BEKEF PROD. In the event of late payment, penalties shall be payable without the need for a reminder in accordance with the law. In accordance with Article L441-6 (Commercial Code): In the event of non-payment by the due date, a fixed compensation of €40 will be applied, as well as late payment penalties calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10% of the total amount of the invoice per month of delay. (In accordance with Article 121-II of Law No. 2012-387 of March 22, 2012.)

In the event of non-payment, the customer will be responsible for all collection costs. Late payment interest calculated at three times the legal interest rate will be applied to any unpaid amount. The invoice relating to late payment penalties is payable upon receipt. Any delay in payment of this invoice will in turn result in the application of late payment penalties calculated under the same conditions.

8-1: CLAUSE – PENALTY FOR URGENT PROCESSING AND PRIORITY MOBILIZATION
‍Certain requests requiring very short deadlines involve exceptional mobilization of BKF Prod teams. In this context, a specific line entitled "emergency fee / short deadline / priority processing fee" will be added to the quote. BEKEF PROD reserves the right to freely set the amount of this line, depending on the level of urgency, the availability of teams, and the complexity of the project. This line is non-negotiable and not subject to reduction. This penalty applies in particular in the following cases: when filming and editing must be completed within less than 48 hours ("shot and edited"), if the project deadline—even for editing only—is set at three calendar days or less, if filming must take place within three days of project confirmation, or if delivery of the edited footage is required within 48 hours or less after filming. Before accepting an urgent project, BEKEF PROD systematically checks the feasibility of the project and the availability of its teams to ensure that deadlines are met. If accepted, BEKEF PROD undertakes to mobilize a dedicated team (project manager, technicians, editors) exclusively, including in the evenings, on weekends, or on public holidays, to ensure delivery within the allotted time.In return, the terms of collaboration are adapted: only one round of revisions is included, and the client undertakes to be as responsive as possible (validation, feedback, transmission of content, etc.). In the event of delay or unavailability on the part of the client, BEKEF PROD cannot be held responsible for any failure to meet deadlines, provided that the deliverables have been transmitted on time.  

9 - DEPOSIT AND ORDER CANCELLATION

In the event of unilateral termination of the contract before its expiry by the Client, the latter formally undertakes to settle and pay the amounts relating to the current schedule, the items completed or in progress, as well as any additional services provided.
If the unilateral termination of the contract results in the cancellation of a previously reserved working day, such as a shooting date, an editing day, or an animation day, then the Service Provider may request compensation for the total payment of the canceled day within 30 days of the date of termination of the contract.In the event of cancellation of the project after payment of the deposit, the deposit will not be refunded under any circumstances, nor will it be converted into a credit note or credit for a future service, regardless of the reason for the cancellation.
In the event of definitive cancellation of the project (and not a simple postponement) less than 7 calendar days before filming, even if the deposit has not yet been paid, BEKEF PROD will require payment of a deposit of 50% of the quote approved or signed by the customer., as compensation for the reservation of teams and resources committed. All copyrights remain the exclusive and entire property of the Service Provider, with the exception of data provided by the Client and purchased artwork. The files and source data created and used by the Service Provider may not therefore be claimed by the Client without financial contribution. All original works remain the property of the Service Provider, as do rejected projects.
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9-1 DEPOSIT
A deposit of fifty percent (50%) of the total amount of the service is required upon signing the quote for final confirmation of the price and the project. Bekef Prod reserves the right not to begin work on the project until the deposit has been paid or proof of payment has been provided by the Client.The deposit invoice issued must be paid within seven (7) days of the date of official validation of the quote by the Client, either by signature or by sending an email explicitly confirming acceptance of the quote.
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10 - FORCE MAJEURE AND THE IMPOSSIBILITY OF PERFORMING THE SERVICE

In the event of force majeure within the meaning of the regulations in force, the Service Provider reserves the right to modify the current schedule without the Client being entitled to claim compensation. It is agreed that the Service Provider must notify the Client on the first working day of its inability to perform the service. In the event of cancellation of the on-site shoot at the Client's initiative, The deposit of 50% of the approved or signed quote remains payable in full., even if it has not yet been settled. This deposit may not neither refunded nor converted into credit for a future project, whatever the reason.

The parties cannot be held liable or deemed to have failed to fulfill their contractual obligations when the failure to perform their respective obligations is due to force majeure; the contract between the parties is suspended until the causes of the force majeure have ceased to exist. Force majeure includes events or circumstances that are irresistible, external to the parties, unforeseeable, and beyond the control of the parties, despite all reasonable efforts to prevent them. Force majeure also includes the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties. The party affected by force majeure shall notify the other party within five (5) business days of the date on which it became aware of the event. The two parties shall then agree on the conditions under which the contract will be continued.

11- DISPUTE RESOLUTION

The contract is subject to French law. In the event of a dispute, the parties shall endeavor to resolve the dispute amicably. Failing this, the competent jurisdiction shall be that of the Paris Commercial Court.

12 - PROPERTIES OF THE WORK PERFORMED

All production and related rights covered by the order remain the sole and exclusive property of the Service Provider until the invoices issued have been paid in full by the Client, up to the total amount of the order and any amendments agreed during the provision of services. Consequently, the Client shall become the de facto owner of the production and the rights transferred upon final payment of all invoices issued by the Service Provider in connection with the order. Unless otherwise stated in the quote, the production files and sources remain the property of the Service Provider. Only the finished product will be sent to the Client. In the absence of such a mention and if the Client wishes to have the sources of the documents, an amendment to this document must be requested.

12-1 SOURCE PROJECTS AND WORK FILES 
The deliverables provided to the Client are limited to the finished files as defined in the contract (videos, images, sounds, etc.). Under no circumstances will project files, source files, or working files (extensions such as .doc, .pdf, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .mp4, .mp3, .wav, .prproj, .aep, .fcp, .drp or equivalents) shall be delivered or sold to the Client. The Client may receive the rushes only under the conditions set forth in this contract. Any request for delivery of source projects or working files is expressly excluded.

13 - TRANSFER PRINCIPLES

The reproduction and republication of the Service Provider's work is subject to copyright fees in accordance with the law of March 11, 1957. The transfer of these rights only applies to the specifically intended use. Any subsequent or different use requires a new agreement. Modifications or interpretations of an audiovisual work may not be made under any circumstances without the Service Provider's consent. The signature may not be removed without the Service Provider's agreement. An idea proposed by the Client does not, in itself, constitute a creation.  

14 - REPRODUCTION AND DISTRIBUTION RIGHTS

Reproduction and distribution rights are calculated based on the distribution of the creation. They may be transferred in whole or in part. Each different adaptation of the original work is subject to a new transfer of copyright. For each new edition, the amount of the rights must be updated. The rights are transferred within the temporal and geographical scope of this contract and may not exceed this limit. To enable the client to freely exploit the service provided in the course of its business, all economic rights relating to the service provider's creation, in respect of the project, shall be transferred entirely and exclusively to the client, for distribution on the media specifically addressed in the order, upon actual payment of the full fees due.

15 - COPYRIGHT AND COMMERCIAL MENTION

Unless explicitly stated otherwise by the Client, the Service Provider reserves the right to include in the work a commercial reference clearly indicating its contribution, such as the phrase "Produced by BEKEF PROD," accompanied, where the medium allows, by a hyperlink to the commercial website of its business (www.bkf-prod.com).

16 - RIGHT OF PUBLICITY

The Service Provider reserves the right to mention the work carried out for the Client in its external communications and advertising materials (website, portfolio, etc.) and during commercial prospecting activities.

17 - DELIVERY OF RUSHS
The rushes (raw files from the shoot) remain the exclusive property of BKF Prod. They are not included in the final delivery, unless otherwise stated in the quote or contract. If the client wishes to obtain the rushes, a request must be made in writing. A specific quote will then be drawn up based on the nature and volume of the project. BKF Prod reserves the right to set the price for this transfer at its discretion. It is also possible for the client to acquire all rights and files relating to the project (rushes, exports, source files, graphic elements, etc.) for a lump sum defined by BKF Prod.
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18-1 – RUSH CONSERVATION

BEKEF PROD undertakes to store the rushes from the shoots free of charge for a period of 2 years from the final delivery date of the project. After this period, BEKEF PROD reserves the right to delete them., unless prior agreement has been given for extended storage, which may be subject to invoicing.
In the event of a request by the client to purchase the rushes, a specific rate will be applied, determined by BEKEF PROD based on: the total volume of data to be transferred, the technical complexity (whether or not the edited project is included), and the possible presence of the project file (.prj) including the editing, motion design, animations, transitions, and other elements created by BEKEF PROD.
‍This rate is firm and non-negotiable.
Once the purchase has been confirmed and payment has been made, BEKEF PROD will send the files to the client via one or more download links (such as WeTransfer or equivalent).As soon as the transfer is confirmed or after the links expire, BEKEF PROD may delete rushes from its storage system., unless the customer explicitly requests extended storage (subject to a fee).
‍Once the rushes have been delivered, responsibility for their storage lies solely with the customer. 

Any order placed implies the Customer's full and unreserved acceptance of these GTC. 
Sarah ZIBI Founder and Manager of BEKEF PROD