General conditions of sale

ESEKAI AGENCY
SARL with a capital of €2,000
Head office: 62 rue de Ponthieu, 75008 Paris
SIRET: 947 933 834 00010 — RCS Paris
Intra-community VAT: FR37947933834
Represented by Mr. Tony Lo, in his capacity as Manager
Contact: contact@esekai.agency
Website: www.esekai.agency
(hereinafter the “Service Provider”)
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1. Purpose

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The purpose of these General Terms and Conditions of Sale (GTC) is to define the terms and conditions in which Esekai Agency provides:

• benefits of Community Management, and/or
• benefits of creation and production of promotional visual content (in particular videos adapted to social networks),
  for professionals (hereinafter the “Customer”).

These terms and conditions prevail over any other document, including the Customer's general terms and conditions of purchase.
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2. Definitions

• Customer : Any legal or natural person acting in the context of their professional activity, requesting a Service from the Service Provider.
• Benefit : All the services offered by the Service Provider and specified in the quotation or contract (content creation, community management, sponsored campaigns, e-reputation monitoring, filming, editing, video delivery, etc.).
• contract : Contractual document signed, accompanied by the quotation and these GTC.
• prix : Financial compensation due by the Customer for the Services.
• Deliverable : Any production (video, visual, report) delivered to the Customer as part of the Service.

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3. Contract formation

The Contract is formed as soon as the quotation or contract is signed and the payment is activated by the Customer. Any signature implies full and complete acceptance of these Terms and Conditions. No service will be started without receiving an initial payment in accordance with the terms and conditions provided.

In case of video service only, payment must be made fully available to order, unless otherwise agreed in writing.

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4. Service modality

The Service Provider provides personalized services that may include, according to the needs of the Customer:
Social account management (community management)
The creation of visual and video content for social networks
‍At the specific request of the Customer, the service may be limited to the creation of content, without network management.
‍The services are governed by a contract that precisely defines the accounts concerned (e.g. Instagram, TikTok), the volume of content (e.g. 6 videos), any options (e.g.: Omi Day), and the monitoring procedures.
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Each step is subject to written validation by the Customer. All validation is final. Any subsequent changes will result in a additional quote.

The Customer is responsible for providing a functional email address to receive the files. The deliverables are kept by the Service Provider for 6 months after delivery, beyond that, they may be removed.
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5. Duration, termination and renewal

The contract is concluded for an initial period specified in the contract (e.g. 6 or 12 months) from the start date. He is tacitly renewed unless cancellation is notified by registered mail or by email (contact@esekai.agency) 60 days before due date In case of early termination, no refunds will not be carried out and all remaining monthly payments will be due, except for proven serious misconduct by the Service Provider.

For one-off services (e.g. video shooting), no cancellation is possible after signing for free. In case of cancellation less than 10 working days before the shooting date, 100% of the amount is due.

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6. Financial conditions

• The Price is specified in the contract or quotation. (ex: 1499€ excl. VAT)
• The payment is done by bank debit or via Stripe. Any abusive opposition will result in a fixed penalty of 90€ HTC for management fees.
• In case of non-payment:
  • Penalties up to 3 times the legal interest rate
  • Lump sum of 40€ (article D.441-5 of the Commercial Code)
  • Immediate suspension of Services without prior notice

The Customer remains liable for all amounts due, even in case of non-use of services or lack of collaboration.

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7. Intellectual property

• The content created (videos, texts, visuals) remains the Property of the Service Provider until full payment has been made.
• Once set, the contents are transferred under non-exclusive and non-transferable operating license for a period of 24 months on the defined channels.
• The Customer cannot modify, resell or reuse content for other purposes without the written consent of the Service Provider.

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8. Obligation of the customer

The Customer undertakes to:

• Provide all necessary access to social accounts or filming locations
• Send information and documents useful to the Service as soon as possible
• Have the necessary rights to all the elements provided (locations, images, logos, music, etc.)
• Respect the validation deadlines. Otherwise, validation is deemed to have been acquired under 72 hours
• Provide the products, locations, or equipment necessary for shootings

Any breach by the Customer may result in the suspension of Services or the invoicing of additional costs.

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9. Right of withdrawal

In accordance with article L221-28 of the Consumer Code, no right of withdrawal does not apply to personalized services, in particular video content or tailor-made creations. Any confirmed order is therefore Firm and final.

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10. Confidentiality

All information exchanged between the Parties is confidential. Each undertakes not to disclose this information unless it is public or legally obtained. This obligation remains valid 5 years after the end of the contract.

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11. Responsibility

The responsibility of the Service Provider is limited to direct damage suffered by the Customer and may not exceed the total amount excluding tax paid over the last 3 months. The Service Provider is not responsible organic or algorithmic performances (referencing, engagement, visibility).

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12. Personal data

The data collected is processed in accordance with the GDPR. The Customer can exercise his rights (access, rectification, deletion) at any time at the address contact@esekai.agency. Data may be transferred to subcontractors for the execution of the contract, in accordance with confidentiality.

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13. Temporary suspension (“pause option”)

The Customer may request a temporary suspension of the contract once a year, for a maximum of 3 months. The Service Provider must receive 15 days' written notice. The duration of the contract is then extended accordingly. During the suspension, no services are rendered and no payment is required, unless otherwise specified.

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14. Non-solicitation of staff

The Customer undertakes to do not poach or collaborate directly with an employee, apprentice or subcontractor of the Service Provider who participated in the execution of the contract, during 12 months after the end of the contractual relationship. In the event of a breach, a penalty of €15,000 EXCL. VAT will be due by the Customer.

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15. Business references

Unless explicitly stated otherwise, the Customer authorizes the Service Provider to use its logo, commercial name and visual extracts of the services for communication purposes (website, portfolio, social networks, social networks, tenders, etc.).

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16. Disputes and jurisdiction

These terms and conditions are governed exclusively by French law.

In the event of a dispute relating to the interpretation, execution or validity of the contract or these GTC, the Parties undertake to attempt an amicable resolution. In the absence of agreement within a period of thirty (30) days following the written notification of the dispute to the other Party, the dispute will be brought before the competent courts under the jurisdiction of the Service Provider's head office, even in the event of summary proceedings, multiple defendants or warranty claims.

For any information relating to these Terms and Conditions, you can contact the Service Provider at the following address: contact@esekai.agency

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