These general sales conditions apply to all Services provided by PJ Productions to the Client and supersede all previous representations, understandings or agreements. The signature of the Client on the estimate of costs and/or payment of the deposit constitutes agreement and acceptance of these general sales conditions.
The Client is not obliged to sign an acceptance of these sales conditions. By accepting an estimate of costs the Client is deemed to have read and accepted these general sales conditions in full. Please read these sales conditions carefully. Any purchase or use of PJ Productions Services implies that you have read and accepted the general sales conditions. Upon signature of the estimate of costs by the Client the general sales conditions are binding and can only be amended with the written consent of PJ Productions.
PJ Productions means PJ Productions, its successors and assignees or any person acting on behalf and with authority of PJ Productions.
Client means the Client or any person acting on behalf and with authority of the Client as described on the estimate of costs, invoice or other agreement provided by PJ Productions to the Client.
Work means all work created and/or supplied by PJ Productions to the Client as defined in the estimate of costs, invoice or other agreement provided by PJ Productions to the Client.
Artwork means all designs, motion graphics and photographs created and/or supplied by PJ Productions to the Client as defined in the estimate of costs, invoice or other agreement provided by PJ Productions to the Client.
Site means all websites and/or web applications created and/or supplied by PJ Productions to the Client as defined in the estimate of costs, invoice or other agreement provided by PJ Productions to the Client.
Services means all services provided by PJ Productions including but not limited to advice or recommendation, design, web or photography services.
CHARGES AND DEPOSITS
Prices for PJ Productions Services are defined in the estimate of costs that the Client receives via e-mail. An estimate of costs is valid for a period of thirty (30) days.
Unless defined otherwise in the estimate of costs, a 50% deposit of the total fee is due for all Services before the Work is supplied to the Client for review. The remaining 50% balance become due upon completion of the Work to the reasonable satisfaction of the Client but subject to the terms of
Approved and rejected Work. PJ Productions reserves the right not to supply any Work until the deposit has been paid in full.
The deposit is refundable if the Client cancels the agreement two (2) days after the signature of the estimate of costs. Otherwise the deposit is only refundable if PJ Productions has not fulfilled his responsibility to deliver the Work required under the agreement. Under no circumstances the deposit is refundable if the Work has been started and the Client terminates the agreement without any fault of PJ Productions. A deposit for photography services is not refundable with the exception of rainy weather conditions for outdoor photo shootings.
Note : If no deposit is required the total is due upon completion of the Work.
PJ Productions reserves the right to charge the Client additional fees for any Work that is not defined in the estimate of costs and/or invoice.
SUPPLY OF CONTENT
The Client may supply text, images, photographs, videos, sound and other data to PJ Productions for integration in the Work. The Client must obtain all necessary permissions and authorities in respect to the use of the supplied content and must grant PJ Productions the rights to publish and use such content in the pursuit of the Work. The Client agrees to indemnify and hold harmless PJ Productions from any claims or legal actions resulting from the Client in not having obtained all the required and necessary permissions for content provided to PJ Productions.
The Client solely is responsible for the supplied content. Any errors including but not limited to typographical and design errors will be the sole responsibility of the Client. Content supplied by the Client as print ready will be treated as such and any errors in the final print are without any liability on the part of PJ Productions. Unless specifically agreed in writing, PJ Productions is not responsible for proof-reading.
Note : Text content should be delivered as Microsoft Word or Open Office Document. Images should be provided in high quality as .jpeg, .png, .gif or .tiff format. ALL CONTENT HAS TO BE CLEARLY IDENTIFIABLE!
PJ Productions reserves the right to refuse any unidentifiable or unorganized content to avoid unexpected delays.
DELAYS AND CLIENT LIABILITY
PJ Productions will deliver the Work at the date agreed with the Client. PJ Productions can not be held responsible for any delay in case of force majeure or facts beyond its control including but not limited to illness, injury, fire, theft and computer or equipmet failure.
As for some Work a certain amount of feedback is required the Client agrees to delegate a single individual as a primary contact to cummunicate with PJ Productions in order to expedite the feedback process.
If there is any delay in supplying the content to PJ Productions leading to a delay in the completion of the Work, PJ Productions has the right to extend any previously agreed deadlines by a reasonable amount. If the delay exceeds fourteen (14) days from the date of the commencement of the Work, PJ Productions reserves the right to close the Work and the remaining balance or the total becomes due immediately.
The Client agrees to give PJ Productions the permission to use the full name, business and or website address of the Client for testimonial purposes. PJ Productions reserves the right to display any Work for promotional use.
Any Work has to be approved by the Client but be subject to the terms of
Approved and rejected Work.
PJ Productions will provide the Client with an opportunity to review the appearance and/or content of the Work before its completion. At completion, such materials are deemed to be accepted and approved unless the Client notifies PJ Productions in writing of any unsatisfactory points within ten (10) days of the date the materials are made available to the Client.
In case of photography services the Client can review the Work either in Live-view Mode on a screen or on the back of the camera right after the photo was taken so after the photo shooting the photographs are deemed to be accepted and approved by the Client.
APPROVED AND REJECTED WORK
The Client is responsible for any errors or omissions once the Work has been approved. PJ Productions will not be responsible for any costs resulting from the reproduction of any Work due to erros or omissions by the Client.
If the Client rejects any Work within the review period or does not approve subsequent Work performed by PJ Productions to remedy any points recorded as being unsatisfactory, and PJ Productions, acting reasonably, considers that the Client has been unreasonable in any rejection of the Work, PJ Productions reserves the right to treat this agreement as at an end and take measures to recover payment for the completed Work.
Once approved or deemed approved, Work cannot subsequently be rejected and the agreement will be deemed to have been completed and the balance or total will become due.
Payment will be made by cash, cheque, bank transfer or by any other method as agreed to between the Client and PJ Productions. Cheques should be made payable to PJ Production and sent to Philip Junietz, PJ Production, 26 Aveneue de la plage, 40530 Labenne. Bank details will be made available on invoices.
Upon completion of the Work, PJ Productions will charge the Client for the balance or total and will show the amount, in case of a deposit, as credit on the invoice. Invoices are sent by e-mail, however, the Client can choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge of the amount of ten percent (10%) and a lump sum compensation of 40 (forty) Euro for cost-covering.
The Client agrees to reimburse PJ Productions for any additional expenses necessary for the completion of the Work including but not limited to travel, food and overnight expenses, purchase of fonts, stock photography, plug-ins, webhosting and domain names.
PJ Productions and the Client understand that it may be necessary to exchange certain information of confidential nature including but not limited to written and oral agreements, know how, technical, financial and business information, trade secrets, customers and clients, software, usernames or passwords and agree to hold each others' information in strict confidence and not to disclose it in any form to any third party or to use each others' information for any purpose other than as specified. Notwithstanding termination or expiration of this agreement, PJ Productions and the Client acknowledge and agree that the obligations of confidentiality with respect to confidential information shall continue in effect for a total period of three (3) years from the effective date.
Termination of Services by the Client must be requested in written notice and will be effective on receipt of such notice. Email or phone requests for termination of Services will not be honoured until and unless confirmed in writing. The Client will be invoiced for the Work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
INTELLECTUAL PROPERTY AND LICENSING
PJ Productions affirms that all Artwork created by PJ Productions is original and therefore PJ Productions owns all Artwork and the CEO, Philip Junietz, retains all rights for any Artwork without time limit including the exclusive right to make edits and reproductions of any kind. Unless defined otherwise in the estimate of costs and/or invoice, the Client has no right to alter, copy, modify or reproduce any Artwork created by PJ Productions and understands that all reproduction of any type requires written authorization by PJ Productions.
In case of termination of this agreement, PJ Productions owns all Artwork as well as all variations created before and has the right to complete, exhibit and/or sell it (business name not included).
The right of reproduction of the Artwork is defined in the estimate of costs and/or invoice and is granted to the Client once the balance or total has been fully paid.
PJ Productions grants the Client the right to use the Artwork for non-commercial purposes at no cost as long as credit is provided. The Client can provide credit by placing a simple copyright statement near or on the Artwork and has to inform PJ Productions with a notification of use. Non-commercial purposes include personal websites and/or web pages as well as prints or copies kept by or given to friends and family.
For commercial purposes the Client can purchase full rights for the use of the Artwork created by PJ Productions for an additional fee that has to be negociated between the Client and PJ Productions. This fee will be clearly defined in the estimat of costs and/or invoice. After receipt of payment the Client has full rights for the use of the Artwork in any media application being beneficial to the business of the Client.
Note : Some Services like logo design or product photos already include full rights for use in any media application.
If the Client has not purchased full rights and uses one of PJ Productions Artwork for any commercial purpose, the Client agrees to pay PJ Productions for the use of the Artwork at the current market rate as determined by the use at the time. Commercial purposes include business websites and/or web pages, any use of Artwork for advertising or promotion and any other use that would be considered as commercial or financially beneficial to the Client.
PJ Productions affirms that the rights granted under this agreement do not conflict with any other agreement.
PJ Productions will retain the right to use any Work within printed and online portfolios including promotions such as newsletters and advertisements. If full rights are passed onto the Client it is the responsibility of the Client to copyright the Work. Please contact us if you need clarification on this.
Artwork will be delivered via email, Dropbox, WeTransfer or any other digital medium negociated with the Client as digital files in different formats (.jpg, . pdf, .eps, png., ...etc.) depending on the Artwork. Source files of Artwork will only be delivered if full rights are passed onto the Client and PJ Productions agrees with it.
PJ Productions can also take charge of the whole printing process including but not limited to decisions about color, density, fit and finish with third parties for an additional fee of 50 Euro (printing costs not included).
The Site will be installed on the corresonding web server via FTP access. If the Client chooses to organise the web hosting arrangements by himself, the source files of the Site will be supplied via email, Dropbox, WeTransfer or any other digital medium negociated with the Client.
PJ Productions offers the Client the opportunity to make revisions to the Artwork. However, PJ Productions has the right to limit the number of proposals to a reasonable amount which is defined in the estimate of costs. Any additional proposal will be charged an additional fee of 35 Euro per hour.
The Client is responsible for providing the required content including but not limited to text, photographs, images, videos or sound and ensuring it is clearly identifiable and organized. PJ Productions can deliver a well organized spread sheet (Open Office) avoiding any identification problems of the content for an extra fee of 50 Euro. Please contact us if you need clarification on this.
PJ Productions may purchase domain names and web hosting on behalf of the Client. Payment and renewal of those third party services is the responsibility of the Client. PJ Productions is not responsible for any loss or cancellation of the domain names and/or web hosting caused by non or late payment neither for down times, delays, breakdowns or data loss caused by Internet Service Providers or by failure to maintain the Site by the Client.
Depending on the specific nature of the Site, the Client may have to grant temporary access (username, password and any other required permission) to the web hosting provider accounts, the storage directories accessible via FTP or other resources that might need to be configured to accomplish the goals set forth in the estimate of costs.
The Client is responsible for maintaining backups with respect to the Site and PJ Productions will not be liable for restoring any data or Site except to the extent that such loss arises out of a negligent act or omission by PJ Productions.
In case of e-commerce, the Client is responsible for complying with all relevant laws relating to e-commerce and hold harmless, protect, defend and indemnify PJ Productions from any claim, penalty, tax, tariff, loss or damage arising from the use of internet electronic commerce. Unless otherwise defined in the estimate of costs and/or invoice the Client is responsible for integrating any product to the Site.
PJ Productions makes efforts to ensure the Site is designed to be viewed by the majority of visitors and to be compatible with most of the popular current browsers like Internet Explorer, Firefox, Google Chrome and Safari. The Client understands and agrees that PJ Productions cannot guarantee correct functionality with all browser software across different operating systems.
PJ Productions is not responsible for web pages not displaying correctly in new versions of browsers, released after the the Site has been designed and delivered to the Client. PJ Productions reserves the right to invoice any Work involved in updating the Site to be compatible with the new version of the browser software.
The Client understands that PJ Productions cannot guaranty any specific position in search engine results for the Site. Nevertheless PJ Productions will apply basic search engine optimization (SEO), according to current best practice, to push the ranking of the Site.
The Client may book PJ Productions for photo shootings by service or by period of time. Minimum booking time is limited to one (1) hour. Hourly rates may change if the booking time is outside official working hours (10am to 6pm). Bookings are confirmed by the signature of an estimate of costs and/or payment of the deposit.
The Client has the right to reschedule a photo shooting one (1) time if the request is made two (2) days before the shooting. If this delay is not respected or if any further rescheduling is requested by the Client, PJ Productions will charge an additional fee of 50 Euro.
PJ Productions reserves the right to edit and release only photographs that are deemed creditable as professional in quality and within PJ Productions photography standards. PJ Productions enhances photographs via corrections including but not limited to contrast, light and color as well as beauty retouching for portrait photography.
The Client will indemnify and defend PJ Productions against all claims, liability, damages, costs, and expenses including reasonable legal fees and expenses arising out of the creation or any use of any photograph or arising out of use of or relating to any materials furnished by the Client.
Unless delivered to the Client by PJ Productions, no model or property release exists and it is the responsibility of the Client to obtain the necessary permissions for usages that require any model or property releases.
Unless agreed otherwise, the Client is responsible for delivering any products predetermined for product shootings to PJ Productions. The products have to be in new conditions otherwise additional fees may be charged for cleaning and additional post-production. PJ Productions reserves the right to refuse any product in bad conditions.
The Client agrees to allow PJ Productions to place a small credit on any Artwork predeterminated for print and make appear either a small type or a small graphic at the bottom of the Site to link to PJ Productions website. If the link is represented by a graphic, it will be designed to fit in with the overall design. The Client can request the ejection of the design credit for a fixed fee of 150 Euro.
CONSEQUENTIAL LOSS AND LIABILITY
PJ Productions shall not be liable for any loss or damage caused by any inaccuracy or omission, by delay or error and/or any loss or damage to the content the Client supplied to PJ Productions. PJ Productions is not responsible for and cannot guarantee any replacement of the Work caused by loss and/or damage by the Client after a period of thirty (30) days from the date of the invoice.
In no event shall PJ Productions be liable to the Client for any damages, loss and/or expense (including loss of profit), lost savings or other incidental, consequential or special damages arising out of the reproduction, altering, appearance, operation or inability to operate with the Work.
The charges paid for the Services under this agreement represent the entire liability of PJ Productions to the Client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence.
DISCLAIMER AND WARRANTY
If not otherwise specified, PJ Productions provides its Services
AS IS without warranty of any kind. The Client understands that PJ Productions cannot warrant that the Services will meet his expectations or requirements and that the entire risk as to quality and performance is with the Client.
For the Site PJ Productions warrants that if any defect in the Site appears and is reported to PJ Productions within thirty (30) days after receipt of the invoice, PJ Productions will replace or remedy the Site. Notwithstanding anything to the contrary contained in this agreement, PJ Productions cannot warrant that the functions contained in the Site will be uninterrupted or error-free.
Under no circumstances this warranty will cover any defect or damage which may be caused by failure to maintain or to follow any instructions or guidelines of PJ Productions by the Client.
RIGHTS OF REFUSAL
PJ Productions reserves the right not to include any immoral, offensive, obscence or illegal text, images or other data in any Work. In no event PJ Productions can be held responsible for any such content being included.
PJ Productions does not tolerate abusive communications in any form (email, phone, in person, ... etc.) and reserves the right to refuse or terminate any agreement in case of abusive communications.
The Client is responsible for the behavior of any person being present at a photo shooting. PJ Productions reserves the right to terminate any agreement without further notice if the behavior of any person being present at a shooting is deemed to be unruly or unsafe by PJ Productions. Under such circumstances the balance or total will become due immediately and the Client will fully reimburse PJ Productions for any loss or damage caused to property and/or equipment.
This agreement shall be governed by French Law.
If a court or other competent authority holds any of these Terms to be void, invalid, illegal or unenforcable in whole or part, the other Terms and the remainder of the affected Terms shall continue to be valid. Any invalid, illegal or unenforcable term shall be replaced by a mutually acceptable valid, legal and enforceable term, which comes closest to its original intention.