Updated (DD/MM/YYYY): 05/07/2016
The present general conditions have for object to define the conditions and the modalities of the disposal on a paid service of online audio post-production between:
- the Website, designating Kilohertz (kilohertz.fr and all other domain names or "alias" referring to the same site), which is published by the company Pixea Studio SARL (Head office: 22, rue Hirschberg - 67440 Thal Marmoutier - France / SIRET: 530 518 695 00016 / APE: 5911B), is defined as the Supplier,
- every person visiting or making a purchase on the Website, or placing an order by email directly, is defined as the User.
The present general conditions can be completed or modified, if necessary, by conditions and modalities of specific uses appropriate to certain features and to certain means of access or payment.
The Website is hosted by the OVH company: https://www.ovh.com
The online payment is provided by the PayPal company: https://www.paypal.com
The User declares and recognizes to have read and accepted without reserve the entire terms of the present general conditions. These general conditions can change at any time and without advance notice, it is thus necessary to consult them before any order. The User is considered to accept the last version of the general conditions which is available in the section "Terms and conditions".
The Supplier proposes audio services via the Website (sound treatment, restoration, mixing, mastering), for music and audiovisual professionals, but also for associations and private individuals. The User confirms that the proposed offers can meet his/her needs. The detail of the services is available in the section "Information".
The User can consult the Website without revealing his identity or giving the slightest information concerning him. The Website does not use processes which would allow it to collect named data in an invisible way. The Website allows to send emails to the Supplier. The User accepts the use of the electronic mail for the transmission of the information for which he asks concerning the conclusion or the execution of the contract and, in a general way, for all the exchanges within the framework of the present conditions. The Supplier commits to the fact that the data necessary for the invoicing are not shared with third parties.
The data transmitted by email establish the proof of all the past transactions. The Supplier nevertheless reserves the right not to execute an order without specifying necessarily the reasons (unavailability of the studio or the sound engineer, technical impossibility…). In this case, he informs as soon as possible the User about it. For a correct process of the order of the User, source files must have a good technical quality (no file encodings with a high compression, no errors of recording, no errors of mixing…). Technical information is available in the section "Recommendations". In case of refusal from the Supplier and advanced payment, the User will be entirely repaid as soon as possible.
The sale prices indicated on the Website are in euros (€) with VAT excluded. The global price in euros (€) inclusive of all taxes is calculated in the second stage of the process of order ("Quotation"). The User can thus realize himself a complete estimate, without any commitment. The Supplier reserves the right to modify the prices at any time and without advance notice. The User outside France having a valid intra-community VAT number can settle his payment without taxes (VAT excluded). The price list is published in the section "Rates and order".
All the invoices of the Supplier are payable in cash, without deduction. The payments are made by the online secure interface of PayPal (https://www.paypal.com) among which by bank cards, or by bank transfer, or by bank check. After acceptance of the order, the Supplier will propose you by e-mail one of these three payment conditions. If the User is a private individual or a new customer, the payment of the total amount of the order will systematically be asked before the realization of the work. Late charges are due without a reminder is necessary from the day according to the deadline of payment appearing on the invoice. The interest rate is 12% of the amount with taxes included accompanied with a fixed 40€ sum.
The User will be delivered at the latest the day indicated by the Supplier according to what was agreed during the order. The schedule to be taken into account can go to midnight. The sending of an e-mail with a link for the download of the master files corresponds to the delivery of products. From this moment, the User has 72 hours maximum to ask for a modification, otherwise he will be considered satisfied with the delivered products. After this deadline, the Supplier will realize automatically the optional physical supports and will send them by post. It is up to the User to take into account the deadlines necessary for a possible modification of the work as well as the delivery deadlines by post.
If the User is not completely satisfied by the first delivery, the Supplier will proceed free of charge to a second delivery within the limits of 2 complaints by order. The Supplier makes a commitment to make the necessary modifications as soon as possible.
The Supplier cannot guarantee the success of the audio works (sound treatment, restoration, mixing, mastering) because he neither did realize the recording nor did not encode the source files. There is no guarantee of result. Considering the specificities of the Internet network, the Supplier offers no guarantee of continuity of the service. The Supplier does not guarantee either that all information presented on the Website is current, complete, detailed or verified. This information is subject of review and can again contain errors.
In case of force majeure, the Supplier cannot be held responsible for the loss of the original sources confided by the User (files, CDs, bands...). The Supplier will not be responsible for delays nor for the incapacity to perform his obligations if these are caused by unpredictable circumstances outside his will. His responsibility cannot be committed in case of damage linked to the impossibility to reach the Website and the server of storage of files. The User declares to know the way of functioning of the Internet network, as well as his characteristics and limits. He knows and is conscious that data transmissions on the Internet network cannot benefit from an absolute security. In every case, if the responsibility of the Supplier was held, it is expressly advisable that his obligation with repair would be limited to the amount of the price excluding tax paid by the User in return of the supplied service and his responsibility could not be committed for additional, secondary and indirect damages.
The User authorizes expressly the Supplier to use his name (his name and/or his brand) as well as his logo for purposes of commercial promotion. The Supplier can also quote and reveal in his references (pages of the Website, commercial documents, press articles, social networks, blogs…) the data relative to the works which benefited from his services : the names of labels, names of the artists, names of the works, names of the tracks, as well as visual associated elements (jackets of records, photos, images, logos).
Kilohertz is a registered trademark. All the elements constituting the Website (texts, photos, images, logos) are concerned with the French and international legislations on copyright. As such, except prior authorization of the respective rights holders, any total or partial reproduction whatever process it is constitute a forgery liable to penalties according to the punishments planned by the code of the Intellectual property. Besides, the User is solely responsible for data which he gives to the Supplier within the framework of the present contract. The User commits in particular to the fact that these data cannot carry infringement of rights and justifiable interests of third party whatever they are and wherever that they are in the world.
The relations which are formed between the Supplier and the User, governed in particular by the present general conditions, are subjected to the French lax with the exception of quite different state legislation. In case of the writing of the present general conditions in several languages or the translation, only the French version is valid between the parties. In case of disputes concerning the interpretation or the application of the contract, the parties agree to recover from it in the appreciation of the competent court, but only after exhaustion of the amicable ways (conciliation, arbitration). Only the court of Saverne (Bas-Rhin, Alsace, France) will be competent.