General terms and conditions of sale
Article 1 - General provisions
The present service contract, hereafter, constitutes the agreement governing during its duration, the relations between Mixnight, hereafter called the service provider, and its customers within the framework of the sale of services or rental of audiovisual equipment. Any order placed as well as any contract concluded with the service provider implies the full and entire adhesion of the customer to this contract without reserve.
Article 2 - Nature of the benefit
At the request of the organizer, the micro-enterprise will produce a musical and sound animation of the event detailed above, on page 1. The organizer then sponsors the service provider in order to carry out his animation service as he wishes. The service provider therefore undertakes to broadcast sound and light the place of the event, with equipment adapted to the framework of the service and the number of people, according to the type of service chosen, for the entire duration previously defined by the organiser.
Article 3 - Payment of the benefit
Article 3.1 - Price of the service
Article 3.1.1 - Package
The animation service includes a fixed price of a fixed duration, from the time of the start of the service mentioned on page 1, as described in the invoice or quotation. Assembly and disassembly are not included and the duration can be predicted.
Article 3.1.2 - Overtime
An overtime hour is defined as any hour beyond the initially planned bundle and the first minute has been reached. As a result, each of them will be invoiced to the organizer up to the amount stated on the quotation or invoice attached to the contract.
Article 3.1.3 - Mileage Expenses
Kilometre charges are invoiced at 75 cents per kilometre metre from the premises. The amount to be paid to the provider is the final amount. If the distance or the duration of the event differs from the invoice, the organiser will be invoiced on the basis of the rates in force.
The prices invoiced are those indicated on the invoice or quotation. The VAT rate applied is 20% on all services offered.
Article 3.2 - Terms of payment
The balance must be paid at the end or at the beginning of the service by cheque or cash.
Article 3.3 - Late payment
Any delay or non-payment shall automatically result in the immediate payment of any outstanding amount, a fixed indemnity for collection costs of 40 euros, in accordance with Article L 441-6 of the French Commercial Code, as well as a daily penalty rate of 10.05% applicable to the amount of the invoice including all taxes.
Penalties are payable without the need for a reminder: sending a registered letter is not required to trigger the right to collect late payment penalties.
Article 4 - Undertakings of the Parties
Article 4.1 - The organiser
- Collaborate with the service provider to ensure the smooth running of the event;
- Designate a person in charge who will be the interlocutor and will supervise the event with the provider;
- Reserve a FREE OF ALL PASSENGES and totally waterproof space at least 250 cm high and 200 cm wide, facing the public, with at least two separate electric sockets (230V EDF, with earth, on a separate fuse) at your disposal ;
- Reserve a parking space that can accommodate a vehicle and a trailer, preferably close to the main entrance of the room;
- In the absence of being able to assign a man for assembly and dismantling, to be freed from an over-invoicing of a technician, in the case where the place of the service would be accessible only by stairs;
- To hold a title deed or a right to use the premises where the event takes place;
Article 4.2 - The Provider
- To respect the strictest confidentiality concerning the information provided by the customer, and designated as such;
- Return any document provided by the client at the end of the event;
- Comply with European standards, acoustic and optical standards ;
- Ask the organizer for approval before publishing a photo or video, if a person or face can be clearly distinguished;
- Submit the list of titles played in the event that the event is submitted to SACEM ;
- To dress in a correct, but compatible outfit, and in accordance with the requirements of their activity, and not to wear distinctive religious symbols during the performance;
- To respect its obligation of means ;
Article 5 - Catering and accommodation
Article 5.1 - Restoration
The organizer of the evening will have to pay for as many hot meals and drinks as there are technicians and lunch breaks. The meal must consist of at least one starter and one main course.
Article 5.2 - Accommodation
In the event that the travel time to the event site is more than 75 minutes, the organizer will be responsible for the accommodation of the technician(s). The accommodation will have to be equipped with a bed for each technician and sanitary facilities. As proof, the calculation of the journey must be made on the Mappy.com website and only the "fastest" value will be taken into account.
Article 6 - Rights to SACEM
Whenever there is a communication of works to the public, it is necessary to obtain the authorization of the authors, composers and music publishers and therefore to make a declaration to the Sacem.
The organisation of weddings or other family celebrations by private individuals is dealt with specifically by SACEM. The law in fact provides (Article L 122-5-1° of the Intellectual Property Code) that the author may not prohibit "private and free musical broadcasts made exclusively within a family circle", these 3 conditions must be cumulatively met.
In this connection, it should be noted that the courts consider that the concept of family circle should be understood restrictively and that it refers only to "persons who are relatives or very close friends, who are habitually linked by family ties or intimacy".
Consequently, since these criteria are unquestionably met, since the organisers organise the musical events themselves and since they do not give rise to remuneration for the service provided, SACEM has chosen not to intervene.
Article 7 - Duration of the contract
The organizer benefits from a withdrawal period of 7 working days from the date of signature of this contract, resulting in the cancellation of this present.
Article 8 - Withdrawal
The organizer benefits from a withdrawal period of 7 working days from the date of signature of this contract, resulting in the cancellation of this contract.
Article 9 - Termination of the contract
Article 9.1 - Default
The service provider reserves the right to terminate the contract in the event that he is the victim of mistreatment, insults or abnormal behaviour on the part of the organizer, his representatives, clients or guests; in the event of deliberate damage to the equipment provided by the service provider; in circumstances where his physical integrity is endangered; in the event that the organizer does not comply with the clauses of this contract.
If one of these circumstances occurs, the service provider may leave the place where the service is provided without any question of reimbursement of any kind and the organiser will remain liable for any sums due.
Article 9.2 - Force majeure
Force majeure shall mean declared or undeclared war, general labour strike, epidemic diseases, quarantine, fire, exceptional floods, accidents or other events beyond the control of both parties. Neither party will be held responsible for any delay due to force majeure events.
In case of force majeure, observed by one of the parties, the latter must inform the other party in writing or by telephone as soon as possible. The other party will have ten days to establish this.
Article 10 - Liability
The event organiser is entirely responsible for all the equipment provided by the service provider (sound, lighting, broadcasting equipment, computers, structures, etc.).
In the event of total or partial destruction of the equipment by fire, flood or vandalism, he personally guarantees full reimbursement of the costs of repair or replacement of the equipment, from the moment that all the equipment is stored in the places specified by the organizer until the moment it is removed. For this purpose, he is required to take out a policy with an insurance company (civil liability).
Article 11 - Advertising
The design of the event's advertising is the sole authority of the organiser. However, the company name and logo may appear on the information media announcing the event, for which the moderator has been hired.
Article 12 - Exclusivity
The Provider reserves the right to provide several services on the same day within the limits of its technical possibilities. The present contract does not in any case give the organizer an exclusive right.
Article 13 - Litigation
In the event of a dispute relating to the interpretation or application of this contract, the parties agree to refer to the competent courts, but only after exhaustion of amicable means (conciliation, arbitration).
Article 14 - Applicable law
This contract is subject to French law without application of its conflict of laws rules.
Article 15 - Validity of the contract
To be validated, this contract must be signed and followed by the mention "Read and approved" by both parties. The signatory must also initial each page of this document and be of legal age.
Each of the parties will keep a copy of this contract.