The present General Terms & Conditions of Sales are intended to define the rights and obligations of the parties with respect to orders placed by the customer, legal or natural person (hereafter the « Customer »), on the www.okamedia.fr platform (hereafter the « Platform ») with the OKA MEDIA company (hereafter the « Company ») relative to video editing.
The Customer acknowledges having read and accepted unconditionally the present terms of use, which constitute the essentials and determinants conditions to the contractual relationship between parties and prevail over all general conditions of purchase and all other document established by the Customer if applicable.
Then, all order placed by the Customer implies the Customer final and irrevocable agreement upon all the General Conditions presented hereafter.
The fact that OKA MEDIA does not at any time avail itself of a prerogative recognized by the present general conditions should not be interpreted as a waiver by this one to subsequently avail itself of the corresponding prerogative.
Invalidity in whole or in part of a clause of these General Terms would be without influence on the rest of this clause and the whole General Terms.
The content of the services offered by OKA MEDIA to the Customer is detailed in the quotation sent to the Customer by OKA MEDIA, which is valid for the period indicated on said quotation.
Pricing are indicated in euros all taxes included for individuals and excluded VAT for professionals.
It is specified that the Value Added Tax is the French VAT at the standard rate in force on the day the order is accepted.
If the VAT rate were to be modified, these modifications could be passed on OKA MEDIA usual pricing.
On the first order, the Customer has to create a customer account by filling out the form and completing online information and identification fields. A user ID and a password then must be indicated by the Customer.
The Customer is responsible for his password and user ID’s confidentiality, he undertakes not to communicate them to third parties.
The information provided by the Customer during the account creation engage this one. In case of errors, OKA MEDIA cannot be held responsible for the consequences.
Without prejudice to its right of withdrawal if applicable, the Customer has the possibility to unsubscribe and delete his account at any time, directly from the Platform.
However, if before unsubscribing, the Customer has placed an order via the Platform, the Customer remains bound by the rights and obligations resulting from the present General Terms and Conditions of Sale.
The customer certifies that he has full legal capacity to place an order.
Orders are placed online, directly from the Platform.
The Customer sends a quotation request to OKA MEDIA. It is up to him to provide the relevant information in a comprehensive manner so that the proposed quotation is as accurate as possible.
A price estimate is then indicated to the Customer, specifying that the price is given for information purposes only, and that only the final quotation is binding on OKA MEDIA.
OKA MEDIA then sends to the Customer, within a 48 working hours maximum delay, a quotation to the Customer in which are summarized the Customer’s requests. The Customer has the possibility to ask for quote modification and/or adjustment.
The contract is deemed to be formed at the time of the Customer's express and unreserved acceptance of the quote, eventually modified, as well as all the present General Terms of Use and Sales, both documents can be returned to OKA MEDIA by all possible ways.
Upon the order confirmation and at the latest at the time of delivery, an acknowledgment of order receipt is sent to the Customer at the email address he has indicated.
This acknowledgment of order receipt specifies:
OKA MEDIA reserves the right to refuse any new order from a Customer in case of litigation regarding non-payment of a previous order existing with the same Customer.
Any order modification by the Customer after this one’s validation must be expressly approved by OKA MEDIA, being specified that delivery times will be postponed and the prices could be increased.
On the other hand, unless the Customer exercices his right of withdrawal if applicable, the Customer cannot cancel his order after the contract is formed.
The Customer undertakes to actively collaborate to the good realization of the order providing OKA MEDIA, at the time of the order, directly via the Platform, fair and honest information as well as all the datas and contents necessary for the prestations realization in the correct usable formats depending on the targeted media.
Concerning the files, it is specified that the Customer has the right to upload the files directly from his personal space on the Platform or add a link referring to the concerned files. The Customer will ensure that the link is available during all the time necessary to the realization of the video editing by OKA MEDIA. It is specified that the files transmitted by the Customer are automatically deleted after seven (7) calendar days following the order reception by the Customer in accordance with the following Article 8 conditions.
OKA MEDIA has the right to keep the files transmitted by the Customer for staff and/or providers training purpose if they are intervening for OKA MEDIA and process realization improvement as well, for a maximum of three (3) years, which the Customer expressly acknowledges and accepts.
OKA MEDIA agrees not to use the files transmitted by the Customer for any other purpose than those mentioned herein, except express agreement of this one, and not to keep them beyond the deadlines indicated above.
The Customer agrees to inform OKA MEDIA of any modification concerning the provided elements. He will be solely responsible for any defaults or delay that may result from incorrect information or the transmission of unusable files.
The Customer is solely responsible for the compliance of the content and of provided elements to the laws and regulations in force.
The Customer states and then acknowledges to be the single owner of the intellectual property rights relating to the elements provided to OKA MEDIA for his prestation realization.
It is also the responsibility of the Customer to require third parties authorizations if they appear in the videos or photographs transmitted by the Customer, for their image exploitation on the media and according to the considered modalities.
In the event that the Customer wished to integrate third party elements to the video, including but not limited to music, it is his responsibility to ensure that he is entitled to reproduce, use and/or operate said elements, or obtain all necessary authorizations if applicable, according to the media and terms of use and/or exploitation that the Customer considers.
The fact that OKA MEDIA integrates a third party element upon the Customer’s request don’t discharge the Customer of his responsibility, the Customer being the only one to determine and know if use and/or exploitation conditions of the video and solely responsible as such.
The Customers prevents OKA MEDIA from any third party action related to the elements and data provided, only the Customer responsibility can be charged in this respect.
Finally, the Customer agrees to pay, within the agreed deadlines, the amounts due to OKA MEDIA.
OKA MEDIA agrees, under an obligation of means, to dedicate time and human, material and technical resources that are necessary for the realization of the services chosen by the Customer, and to execute them in a professional manner, in accordance with the rules of the art and subject to the proper fulfillment by the Customer of its own obligations.
Under no circumstances, OKA MEDIA can be held responsible for the needs the Customer has not expressed.
OKA MEDIA undertakes to inform the Customer of the project’s progression and any difficulty of which it would have knowledge as well as consequence, especially in terms of deadlines and/or cost that may result from it.
OKA MEDIA has the right to subcontract to a third party all or part of the prestation, under its own responsibility, which the Customer expressly acknowledges and accepts.
Realization deadlines offered by OKA MEDIA are indicated for each project according to the quotation established by OKA MEDIA.
They are expressed in calendar days, starting from the order validation by the Customer until delivery, being specified that in case of a reservation made by the Customer, deadlines start from scratch.
In the event of a delay due to modifications requested by the Customer or in the event that OKA MEDIA is waiting for documents or information from the Customer, the delivery date will be postponed accordingly, without OKA MEDIA being held responsible for the delay.
At the end of the realization phase, OKA MEDIA delivers the creation to the Customer in the form agreed with this one, in his personal space on the Platform and the Customer is invited to download his order.
The reception of the project by the Customer is materialized in the following cases:
Either expressly, in case of unconditional acceptance of the deliverable(s) by the Customer, directly from his personal space on the Platform or notified by email to OKA MEDIA;
Or in a tacite way for the following cases:
If the Customer has not downloaded the deliverable(s) within fourteen (14) calendar days after the delivery, the reception is considered as realized on the fifteenth (15) calendar day after the project delivery;
If the download of the deliverable(s) has been processed within fourteen (14) calendar days after the delivery and if the Customer did not have any reservations within seven (7) calendar days after the download of said, the reception is deemed as realized on the eighth (8th) calendar day after the deliverable(s) download.
In case of a reservation made by the Customer, he has again the deadline stipulated above to make reservations after delivery of each new version if applicable.
It is indicated to the Customer that OKA MEDIA keeps the files delivered to the customer for a period of one (1) month from the delivery date concerning the intermediate(s) version(s) and for a period of six (6) months from the reception date by the Customer, under the conditions of this Article concerning the final version. Beyond this date, files will be deleted. It is then up to the Customer to make a copy and/or a backup of the delivered files, OKA MEDIA cannot be held responsible in this respect.
Order are to be paid by direct debit only, which the Customer expressly acknowledges and accepts.
The Customer is invited to sign a direct debit mandate at the time of registration on the Platform or by the latest at the time of the order. Otherwise, he will not be able to place an order, which the Customer expressly acknowledge and accept.
For information, OKA MEDIA has chosen GoCardLess company to process the direct debit payments. None of the bank details transmitted by the Customer under the direct debit mandate will be communicated to OKA MEDIA.
The last day of each month, a detailed invoice resuming all the amounts due to OKA MEDIA for the projects received during the said month by the Client, expressly or in a tacite way, under the conditions of Article 8 above, is sent by email to the Customer. It also remains available on the Customer account on the Platform.
Invoice must be paid immediately.
In case of total or partial payment delay, for whatever cause, a late payment penalty of an amount equivalent to three times the legal interest rate will be applied, without prior notice.
In addition, the professional customer will also be charged a fixed indemnity for collection costs, the amount of which is set at 40 €uros. However, if the collection costs exceed 40 €uros, OKA MEDIA may ask a complementary compensation, upon justification.
Accordingly to the consumer code, it is reminded to the Customer acting as a consumer that he benefits from a fourteen (14) clear days from the date of order to exercise is right of withdrawal, without having to justify the reasons nor paying penalties, by filling the standard withdrawal form which is available on the Platform or by sending an email to the following email address: contact@okamedia.fr or any other declaration, unambiguous and expressing its willingness to withdraw.
The Customer will then receive, without any delay, a confirmation of his withdrawal by email.
OKA MEDIA undertakes to reimburse the Customer, without any delay and at the latest within fourteen (14) days from the date on which OKA MEDIA was informed of the Customer’s decision to withdraw.
However, it is recalled that the right of withdrawal can not be exercised for services contracts if they have been fully executed before the end withdrawal period and whose execution has begun after the Customer prior agreement and express renunciation of his right of withdrawal.
If the Customer uses his right of withdrawal while the execution of the services has begun, at his express request, before the end of the withdrawal period, he shall pay OKA MEDIA an amount corresponding to the service provided until the communication of his decision of withdraw, this amount being proportionate to the total price agreed in the contract.
OKA MEDIA declares and warranties that the result of the realized prestations are in accordance with the Customer’s order, constituting original creations and that OKA MEDIA is the single and legitimate holder of the copyrights referring to the said creations and that it has not granted or promised to any third party any privilege referring to these creations or any right competing with those of the present contract.
OKA MEDIA warranties to have made and respected all necessary commitments to its staff, employees, service providers, trainees or similar and warranties the Customer against any recourse as a result.
OKA MEDIA warranties the Customer the peaceful exercise of the assigned rights.
OKA MEDIA transfers to the Customer, subject to the full payment of the corresponding price, for the whole world and for all legal duration of the author’s rights, the rights of reproduction, representation, translation, commercialization related to the realized creations, on social medias only or for a personal use.
The amount of this transfer of intellectual property rights as mentionné above is included in the fixed price of the service provided by OKA MEDIA.
All other use (specifically but non-exclusively on other medias, for other purpose…) or any modification of the creations must be the subject of a specific transfer contract with OKA MEDIA in accordance with formalism imposed by the law for these subjects and will give rise to the collection, by OKA MEDIA of an additional compensation.
The Customer undertakes to respect OKA MEDIA’s moral rights and not to denature the work performed.
In this respect, the Customer undertakes not to modify the realized creation, unless otherwise agreed in writing by OKA MEDIA.
On the other hand, the Customer which shows the mention “Editing (and/or) thumbnail by https://www.okamedia.fr" in the video’s description will benefit from a 5% discount of the total amount of the order, processed after payment and valid for the next order as a credit note, upon express request from the Customer to OKA MEDIA.
It is expressly agreed between the Parties that OKA MEDIA can use the realized creations as a reference as well as the Customer identity to promote its activity.
Particularly, OKA MEDIA reserves the right to publish on the Platform, in the “Portfolio“ category, links to the videos delivered to the Customer as soon as they are official links, and/or reproduce the videos delivered to the Customer on the OKA MEDIA channel as well as on social medias (and in particular Twitter and Instagram), as a reference and uniquely to promote OKA MEDIA’s activity, which the Customer expressly acknowledges and accepts, subject to OKA MEDIA referring to the Customer’s official channels when applicable.
OKA MEDIA’s responsibility shall not be engaged for all inconvenience or damages due to Internet network, as a breakdown, an impossibility to access the Platform, an external intrusion or computer viruses, or any event qualified as force majeure, in accordance with the French law.
The Customer is solely responsible for the use that will be made of the videos, OKA MEDIA’s responsibility cannot, under any circumstances, be held liable in this respect.
OKA MEDIA’s responsibility is excluded for indirect or unpredictable damages suffered by the Customer and especially but not only all financial or commercial prejudice, loss of revenues, benefits, datas, orders or customer base…
In any case, when OKA MEDIA’s responsibility can be engaged by the Customer, it will be strictly limited to professional customers, all causes combined, to the amount owed by the Customer to OKA MEDIA for the services included in the disputed order.
OKA MEDIA undertakes not to disclose confidential information from the Customer of which it could have had knowledge within the framework of the services execution.
OKA MEDIA undertakes to strictly respect this privacy and not to communicate any information from the Customer that is not public and of which it would have acknowledge except members of its staff and/ or partners if they need to acknowledge some or all of them for the proper execution of the services.
Is not considered as confidential an information that is publicly available at the time of the divulgation or that becomes utterly available without OKA MEDIA breaching its obligation of privacy or legitimately obtained from a third party without a breach of confidentiality agreement by the latter regarding that information.
Type of data collected:
Personal data collected and utterly used by OKA MEDIA are the one the Customer has voluntarily communicated via the Platform to OKA MEDIA, or which have been the subject of a previous special collection subject to authorization. This may include the following information: name, surname, phone number, email, postal address.
Purpose of the personal data collection:
The Customer authorizes OKA MEDIA to save these personal information in an OKA MEDIA file, for the execution of its service, automated profiling of its customers, customer management, market studies, commercial offers or promotions.
Data transmission to third parties:
The data collected could be, insofar as this is necessary for the purpose stated above, transmitted to OKA MEDIA contractors (freelances, hosts…) contributing to the realization of its services, this in order to answer favorably to the Customer’s requests.
Access right and correction:
The Customer is informed that, in accordance with the French and European regulations in force, he has the following rights subject to proving his identity:
A cookie is a text file installed on the hard disk of the connection terminal, upon the consulted website request. It registers information related to the internet navigation and allows the said website to determine if the internet browser has already connected before. Its retention period is defined by the operator of the website and may be limited to the browsing session on the said website or longer.
In accordance with the August 24th 2011 Ordinance related to the application of the European directives on the protection of privacy on the Internet, a cookie cannot be implant on the Customer’s computer without prior consent.
For information, the cookies used by the OKA MEDIA Platform are the following:
Google Analytics named «_ga» used for audience measurement,
Crisp named «crisp-client-[session]» used for customer support,
Hotjar named «hjid» used for audience measurement.
The Customer is informed that he has the right to refuse "cookies" implementation by configuring his browser.
However, it is said that the Customer cannot benefit from some of the Platform functionalities if he does not accept cookies implementation, especially: navigation preferences, access to customized services, basket etc…
The Platform may send to “social plugins“ (Facebook, Twitter, YouTube, Viadeo, LinkedIn…) that allow to offer content recommandations, to use profiles’ data for comment, record or forms filling or browse content from social media.
OKA MEDIA is not responsible for third party cookies implementation by social media on the Customer’s computer.
OKA MEDIA responsibility cannot be sought for any delay or breach in its services execution that result from a Force Majeure case, i.e. an external event, irresistible and unpredictable, which prevents or renders abnormally difficult the performance of the obligation in that case.
The execution of the obligations incumbent upon OKA MEDIA shall be suspended by the occurence of such an event and OKA MEDIA shall inform the Customer as soon as possible of the duration of the force majeure event and its foreseeable consequences.
Regarding the information given to employees and freelances partners within their collaboration with OKA MEDIA, the Customer is forbidden to poach, hire and/or solicit apart from the present contract execution, in any way, directly or indirectly, and for whatever purpose, one of the staff member, freelance and/or project manager who work for OKA MEDIA or has been working with OKA MEDIA since less than one (1) year, and during:
The entire duration of the business relation with OKA MEDIA and a period of two (2) years from the date of receipt of the last order placed by the Customer, for the Customer who has placed at least two (2) orders with OKA MEDIA within a period of six (6) sliding months, or
The entire duration of the business relation with OKA MEDIA and a period of one (1) year from the date of receipt of the last order placed by the Customer, for other Customers.
The fact that OKA MEDIA does not avail itself at a given time of any of the clauses of the present general conditions shall not constitute a waiver of the right to avail itself off these same clauses at a later date.
OKA MEDIA keeps the right to modify the provisions of these general conditions at any moment.
Orders are governed by the General Terms and conditions in force at the time of their acceptation by the Customer.
If one (or many) disposition(s) of these general conditions of sale has(have) to be considered as invalid, the other stipulations validity cannot be called into question unless they were inseparable from the invalidated provision.
Interpretation and application of the present terms and general condition of sales are subject to the French law.
In case of litigation and after an attempt to find an amicable solution, EXPRESS COMPETENCE IS ATTRIBUTED TO COURTS OF JURIDICTION OF WHICH OKA MEDIA HEAD OFFICE DEPENDS, when the Customers is a retailer.
The Customer, as a consumer, is informed that he can call a consumption mediator, if an attempt of an amicable solution has failed directly with OKA MEDIA, in accordance with the provisions of the Consumer Code.
The Customer will find information about this topic and the mediators list on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
Furthermore, the Customer can use the European platform for online litigation resolution (RLL) going on the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the litigation.