General Terms and Conditions of Sale
Last updated on 1st September 2026ESEKAI AGENCY
SARL (limited liability company) with share capital of €2,000
Registered office: 62 rue de Ponthieu, 75008 Paris
SIRET: 947 933 834 00010 – RCS Paris
EU VAT number: FR37947933834
Represented by Mr Tony Lo, in his capacity as Managing Director
Contact: contact@esekai.fr
Website: www.esekai.agency
(hereinafter the “Service Provider”)
1. Purpose
The purpose of these General Terms and Conditions of Sale (GTCS) is to define the terms under which Esekai Agency provides:
• services of community management, and/or
• services of creation and production of promotional visual content (in particular videos adapted for social media), for professionals (hereinafter the “Client”).
These GTCS take precedence over any other document, including the Client's general terms and conditions of purchase.
2. Definitions
• Client : Any legal entity or natural person acting in the course of their professional activity who requests a Service from the Service Provider.
• Service : All the services offered by the Service Provider and specified in the quote or contract (content creation, community management, sponsored campaigns, online reputation monitoring, filming, editing, video delivery, etc.).
• Contract : Signed contractual document, together with the quote and these GTCS.
• Price : Financial consideration owed by the Client for the Services.
• Deliverable : Any production (video, visual, report) delivered to the Client as part of the Service.
3. Formation of the contract
The Contract is formed upon signature of the quote or contract and activation of payment by the Client. Any signature constitutes full and complete acceptance of these GTCS. No service will begin until an initial payment has been received in accordance with the agreed terms.
For video-only services, payment must be made in full upon ordering, unless otherwise agreed in writing.
4. Terms of the Service
The Service Provider supplies personalised services which may include, depending on the Client's needs:
Management of social media accounts (community management)
Creation of visual and video content for social media
At the Client's specific request, the service may be limited to content creation, without social media 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 follow-up arrangements.
Each stage is subject to the Client's written approval. All approvals are final. Any subsequent change will give rise to an additional quote.
The Client is responsible for providing a working email address to receive the files. Deliverables are kept by the Service Provider for 6 months after delivery; after that, they may be deleted.
5. Term, termination and renewal
The contract is concluded for an initial term specified in the contract (e.g. 6 or 12 months) from the start date. It is tacitly renewed unless termination is notified by registered letter or by email (contact@esekai.fr) 60 days before the expiry date. In the event of early termination, no refund will be made and all remaining monthly instalments will be due, except in the case of proven gross misconduct by the Service Provider.
For one-off services (e.g. video shoot), no cancellation free of charge is possible after signature. In the event of cancellation less than 10 working days before the shoot date, 100% of the amount is due.
6. Financial terms
• The Price is specified in the contract or quote. (e.g. €1499 excl. VAT)
• Payment is made by direct debit or via Stripe. Any unjustified payment stop will incur a flat-rate penalty of €90 excl. VAT for administrative costs.
• In the event of non-payment:
– Late payment penalties equal to 3 times the statutory interest rate
– Fixed recovery indemnity of 40 € (Article D.441-5 of the French Commercial Code)
– Immediate suspension of the Services without prior formal notice
The Client remains liable for the full amounts due, even if the services are not used or in the absence of collaboration.
7. Intellectual property
• The content created (videos, texts, visuals) remains the property of the Service Provider until full payment has been made.
• Once paid for, the content is assigned under a non-exclusive, non-transferable licence of use for a period of 24 months on the defined channels.
• The Client may not modify, resell or reuse the content for other purposes without the Service Provider's written consent.
8. Client's obligations
The Client undertakes to:
• Provide all necessary access to social media accounts or filming locations
• Send the information and documents needed for the Service on time
• Hold the necessary rights to all elements supplied (locations, images, logos, music, etc.)
• Meet approval deadlines. Failing this, approval is deemed given after 72 hours
• Make available the products, locations or equipment needed for the shoots
Any failure by the Client may result in suspension of the Services or the invoicing of additional fees.
9. Right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, no right of withdrawal applies to personalised services, in particular video content or bespoke creations. Any confirmed order is therefore firm and final.
10. Confidentiality
All information exchanged between the Parties is confidential. Each Party undertakes not to disclose such information unless it is public or lawfully obtained. This obligation remains in force for 5 years after the end of the contract.
11. Liability
The Service Provider's liability is limited solely to direct damage suffered by the Client and may not exceed the total amount excluding VAT paid over the last 3 months. The Service Provider is not liable for organic or algorithmic performance (search ranking, engagement, visibility).
12. Personal data
The data collected is processed in accordance with the GDPR. The Client may exercise their rights (access, rectification, erasure) at any time at contact@esekai.fr. Data may be transferred to subcontractors for the performance of the contract, in compliance with confidentiality.
13. Temporary suspension (“pause option”)
The Client 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 term of the contract is then extended accordingly. During the suspension, no service is provided and no payment is required, unless otherwise stated.
14. Non-solicitation of staff
The Client undertakes not to poach or work directly with any employee, work-study student or subcontractor of the Service Provider who took part in performing the contract, for 12 months after the end of the contractual relationship. In the event of breach, a penalty of €15,000 excl. VAT shall be payable by the Client.
15. Commercial references
Unless explicitly stated otherwise, the Client authorises the Service Provider to use its logo, trade name and visual excerpts from the services for communication purposes (website, portfolio, social media, tenders, etc.).
16. Disputes and jurisdiction
These GTCS are governed exclusively by French law.
In the event of a dispute relating to the interpretation, performance or validity of the contract or of these GTCS, the Parties undertake to seek an amicable resolution. Failing agreement within thirty (30) days of written notification of the dispute to the other Party, the dispute will be brought before the competent courts within the jurisdiction of the Service Provider's registered office, including in summary proceedings, in the case of multiple defendants or third-party claims.
For any information about these GTCS, you can contact the Service Provider at the following address: contact@esekai.fr