Terms and conditions of sale

Article 1 — Purpose and scope

These terms and conditions of sale (the "Terms") govern the relationship between NEERU, a SARL registered with the Annecy Trade and Companies Register (RCS) under number 529 964 454, operating the Fluxion Média brand (hereinafter "Fluxion Média"), and any natural or legal person acting for professional purposes (hereinafter "the Client") who orders a service.

Article 2 — Nature of the services

Fluxion Média is a hybrid media outlet. It designs and produces long-form editorialised features, distributed by partner media (hereinafter "the Broadcasting Partners"), which transfer their credibility to the Client’s expertise.

Depending on the offer selected, the service may include:

• the editorial preparation and conduct of one or more interviews;
• the filming, editing and delivery of high-definition videos;
• adaptation into short formats (reels, stories), visuals and a media kit;
• distribution by all or some of the Broadcasting Partners (video, podcast, newsletter, magazine, social media, webinars).

The exact content, the number of deliverables, the distribution channels and the schedule are set out in the accepted quote or in the online order summary (hereinafter "the Quote"), which takes precedence over these Terms in the event of any conflict.

Article 3 — Discovery call and selection

Access to the services is not self-service. Any collaboration is preceded by a free, no-obligation Discovery call, intended to check the fit between the Client’s world, offer and values and Fluxion Média’s editorial line.

Fluxion Média reserves the right, without having to give reasons for its decision, not to follow up on a request, in particular where the Client’s activity is contrary to its editorial line, to regulations or to the interests of its audience.

Article 4 — Orders

Orders are placed either by accepting a quote or directly online on the website fluxion-media.com. An order becomes firm upon signature or electronic acceptance of the Quote, or upon validation of the online order, together with the payment provided for in Article 6. This acceptance entails unreserved adherence to these Terms.

Any change to the order after signature is subject to an amendment or a new Quote.

Article 5 — Prices

Prices are those stated in the Quote, expressed in euros excluding tax, plus VAT at the applicable rate. Unless otherwise stated, they include the preparation, production and distribution described in the Quote.

Travel, accommodation or filming location costs outside the agreed scope, as well as any additional service requested during the assignment, are invoiced in addition after the Client’s agreement.

Article 6 — Payment terms

The price is payable upon ordering. This payment triggers the entire assignment: editorial preparation, filming, production and roll-out.

Payment in instalments may be granted. The number and dates of the instalments are then set out in the Quote or the online order; the first instalment is due upon ordering. Distribution of the content by the Broadcasting Partners is scheduled upon receipt of full payment.

Payment is made by bank card or direct debit via the secure Stripe platform, or by bank transfer. Fluxion Média never has access to full bank card details.

Any late payment automatically entails, without prior formal notice, late-payment penalties equal to three times the statutory interest rate, as well as a fixed indemnity for recovery costs of €40 (Articles L.441-10 and D.441-5 of the French Commercial Code). Fluxion Média may also suspend production or distribution until full payment is received.

Article 7 — Performance of the service

Fluxion Média and the Client jointly set the preparation and filming dates. The Client undertakes to provide the necessary information, visuals and materials within the agreed time limits, and to be available on the dates selected.

Fluxion Média retains editorial control over the content: angle, questions, editing and distribution choices. Unless a specific contract expressly provides otherwise, the content is not subject to the Client’s approval before distribution.

Article 8 — Postponement and cancellation

Any request for postponement must be made in writing at least 10 working days before the scheduled date. One postponement is granted free of charge; beyond that, or in the event of repeated postponements, Fluxion Média may invoice the costs incurred.

In the event of cancellation by the Client after validation of the order:

• more than 30 days before filming: the sums already paid are retained by Fluxion Média in respect of the work undertaken and give rise to no refund; instalments not yet due are cancelled;
• less than 30 days before filming, or after filming: the full price is due, including any instalments still outstanding in the case of payment in instalments.

In the event of cancellation by Fluxion Média, except in cases of force majeure, the sums paid are refunded in full.

Article 9 — Ownership of content and rights of use

Upon full payment of the price, Fluxion Média grants the Client, on a non-exclusive basis, worldwide and for an unlimited period, the right to reproduce and distribute the deliverables provided to it (interviews, reels, visuals, media kit), on any medium, for the purposes of communicating about and promoting its own business.

The Client shall not modify the deliverables in a way that would distort their meaning, remove the mentions or logos of Fluxion Média and the Broadcasting Partners, or resell them to third parties.

Fluxion Média retains ownership of the rushes, formats and its graphic elements; the trademarks and logos of the Broadcasting Partners remain the property of their owners. Fluxion Média and the Broadcasting Partners retain the right to distribute and redistribute the content on their media, and Fluxion Média may cite them as references.

Article 10 — Image rights and Client warranties

The Client authorises Fluxion Média to record, reproduce and distribute its image, voice, name and statements as part of the content produced, for the distribution period provided for in Article 9. The Client undertakes to obtain the same authorisation from any person it involves.

The Client warrants that the information, visuals and trademarks it provides do not infringe any third-party rights, and that its statements comply with applicable regulations, in particular regarding health claims, unconventional healthcare practices and promises of results. Fluxion Média may refuse or cut any statement that does not comply with regulations.

Article 11 — Commercial transparency

In accordance with Article 20 of the LCEN and French Law No. 2023-451 of 9 June 2023, content produced as part of a paid service is identified as such to the public (mention of a partnership or commercial collaboration).

Article 12 — Liability

Fluxion Média may only be held liable in the event of proven fault. Its liability is limited to direct damages and capped at the amount excluding tax actually paid by the Client under the Quote concerned.

Fluxion Média is not liable for indirect damages (loss of revenue, customers or reputation), nor for the consequences of statements made by the Client.

Article 13 — Force majeure

Neither party shall be liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code. Obligations are suspended for its duration; beyond 60 days, either party may terminate the Quote in writing.

Article 14 — Confidentiality

Each party shall keep confidential the non-public information received from the other party in the course of the collaboration, during the assignment and for two years after its end.

Article 15 — Personal data

The Client’s personal data is processed in accordance with Fluxion Média’s Privacy policy.

Article 16 — Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the parties shall first seek an amicable solution. Failing agreement within 30 days, any dispute shall fall under the exclusive jurisdiction of the Commercial Court of Annecy.

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