Terms and Conditions of Sale

These Terms govern the following services, ordered on https://www.capturit.fr or through direct contact:

• video production: professional photography, videography, event coverage, promotional films;
• drone filming: 4K aerial photo and video, carried out by drone pilots certified by the DGAC (French civil aviation authority);
• subscription websites and web applications ("SaaS"): landing pages, business websites, e-commerce websites, business applications.

Specific terms agreed in writing (signed quote, contract) prevail over these Terms. A signed framework agreement may therefore depart from them. These Terms prevail over the Professional Client's general terms of purchase, unless otherwise agreed in writing.

These Terms are attached to every quote and every invoice, and can be viewed at https://www.capturit.fr. Placing an order constitutes acceptance of the Terms in force on the date of the order.

Every service is subject to a detailed quote, valid for thirty (30) days from its issue.

The contract is formed when CAPTURIT receives:

• the quote dated and signed by the Client (handwritten signature or electronic signature within the meaning of Regulation (EU) No 910/2014, known as "eIDAS"), or the confirmation of the online order;
• where applicable, payment of the agreed deposit, subject to article 4.2.

Any change after the contract is formed requires a written amendment or a new quote. CAPTURIT may refuse a change that compromises the quality, the timescales or the overall economics of the project.

Base prices are stated in euros excluding VAT (excl. VAT). VAT at the applicable rate (20% on the date of these Terms) is added. For the Consumer Client, the price including all taxes (incl. VAT) is shown on the quote or the order page.

The prices below are indicative; the applicable price is the one on the quote or the order page.

• Essentiel: quick package reserved for CAPTURIT's brand partners: 1 half-day, 1 social media video (30 to 60 s), 10 to 15 photos, delivery within 5 days. The terms of this partnership (consideration, rights, schedule) are set out in a separate agreement.
• Signature: day-rate package, price set in the quote: 2 half-days, 1 long video (90 to 120 s), 15 photos, motion design.
• Premium: package per shoot day, price set in the quote: 1 full day, 4K drone, 1 to 2 videos, 30 photos, storyboard.

Several packages may be combined in a single quote, for several shoot days or several entities of the Client. The price is then the sum of the packages chosen, itemised line by line on the quote.

Any round of revisions beyond those included (article 6.2) is invoiced at the hourly rate stated in the quote.

• Audiovisual services: 50% deposit on order, balance on delivery of the final files. Sums paid on order are part-payments (acomptes) and not forfeitable deposits (arrhes).
• Web subscriptions: monthly direct debit (via Stripe or GoCardless). The first month and the annual server fees are due on order.

Accepted payment methods: bank card, SEPA transfer, direct debit.

Where the contract is concluded off-premises (for example, a quote signed at the Client's premises with both parties physically present), CAPTURIT receives no payment before a period of seven (7) days from its conclusion has expired. The deposit then becomes payable at the end of that period. This rule applies to the Consumer Client and to the Professional Client referred to in article 11.1.

Online payments are processed by Stripe (Stripe Payments Europe, Limited, Ireland), which is PCI-DSS certified. CAPTURIT never has access to full card numbers: they are sent directly to Stripe over an encrypted connection. CAPTURIT is not liable for a transaction refused by Stripe or by the Client's bank.

In the event of late payment, the following are due automatically, without prior reminder:

• late payment penalties equal to three (3) times the French statutory interest rate, from the day after the due date shown on the invoice;
• a fixed compensation of €40 for recovery costs, without prejudice to additional compensation on presentation of supporting evidence.

In the event of late payment, penalties equal to three (3) times the French statutory interest rate are due from the date of a formal notice that has gone unanswered. The fixed €40 compensation does not apply to the Consumer Client.

For web subscriptions, CAPTURIT may suspend access to the site when a reminder of non-payment has gone unanswered for seven (7) days. Access is restored as soon as payment is made.

The Client undertakes to:

• supply the necessary materials (texts, images, logos, access, brief) within the agreed timescales;
• approve intermediate stages within a reasonable time;
• guarantee that it holds the rights to the materials it supplies.

If the project is held up by the Client (no response, materials not supplied) for more than thirty (30) days, CAPTURIT may invoice the work already carried out. With a Professional Client, CAPTURIT may also invoice the project restart fee, the amount of which is set in the quote.

• Professional Client: timescales are indicative, unless a firm commitment is stated in the quote.
• Consumer Client: CAPTURIT performs the service on the date or within the period stated in the quote. Failing this, it performs it without undue delay and no later than thirty (30) days after the contract is concluded.

CAPTURIT is not liable for any delay caused by the Client or by force majeure.

On delivery, the Client has seven (7) working days to approve the work or request revisions.

Once this period has passed without written reservations, or as soon as the Client puts the work online or broadcasts it publicly, the service is deemed approved and the balance is due. For the Consumer Client, this approval does not remove the legal guarantees set out in article 12.

Unless otherwise stated in the quote, two (2) rounds of revisions are included. Additional rounds are invoiced in accordance with article 3.4.

The Client has a right to access and use the site for the entire duration of its active subscription. The subscription is neither a purchase nor an acquisition of ownership.

CAPTURIT remains the sole owner of all technical and creative elements of the site, including:

• the source code (front-end and back-end);
• the design, the visual identity guidelines and the templates;
• the technical architecture and the data structure;
• the features developed.

No transfer of ownership takes place, whatever the length of the subscription. The Client remains the owner of its editorial content (texts, images, product listings, its customers' data).

Hosting, technical maintenance and security updates are included. CAPTURIT aims for 99.5% availability, excluding scheduled maintenance and force majeure.

Every three (3) years of continuous subscription, CAPTURIT offers a complete renewal of the site, at no extra cost:

• complete visual redesign;
• update of the technologies used;
• optimisation of performance and search engine ranking.

The subscription has no minimum commitment period. The Client may terminate it at any time with one (1) month's notice, by e-mail to samy@capturit.fr. CAPTURIT confirms receipt of the termination and states the end date of the contract.

At the end of the subscription (termination or non-payment):

• access to the site ends at the end of the notice period, or after the suspension provided for in article 4.6;
• the site is taken offline, and its files are deleted within thirty (30) days;
• the Client acquires no rights to the source code, the design or the technical structure; the site cannot be transferred: a new site will have to be built from scratch, by CAPTURIT or another provider;
• the Client may retrieve its editorial content (texts, images, product database) free of charge, on request made before deletion.

If a Consumer Client's contract is terminated for lack of conformity, CAPTURIT makes available to them, free of charge, within a reasonable time and in a commonly used, machine-readable format, the content they supplied or created, other than their personal data.

Deletion does not cover documents that CAPTURIT is required by law to keep (invoices in particular). Personal data is processed in accordance with article 13.

CAPTURIT's drone pilots are certified by the Direction générale de l'aviation civile (DGAC, the French civil aviation authority) and duly insured.

The drone pilot has sole authority over the flight. They may refuse to fly if they consider that the safety of people or property, or compliance with regulations, is not ensured (bad weather, restricted zone, crowds).

Such a refusal does not give rise to a refund but to the service being rescheduled as soon as possible. If no new date can be agreed, the sums paid for the part not performed are refunded.

Unless the "transfer of rushes" option is taken, the raw files (rushes) remain the property of CAPTURIT, which is not required to keep them for more than three (3) months after delivery of the final project.

CAPTURIT retains the copyright in its creations (videos, photographs, web designs) until the price has been paid in full.

The Client has only the right of use provided for in article 7. CAPTURIT retains all intellectual property rights.

After payment in full, CAPTURIT assigns to the Client, in respect of the final work delivered:

• the right of reproduction (copying the work on any medium);
• the right of representation (communicating the work to the public),

for its own and promotional use, on the media, for the territory and for the duration stated in the quote.

Any modification of the work (re-editing, cropping) and any resale or assignment to a third party are prohibited without CAPTURIT's prior written consent.

• CAPTURIT is bound by an obligation of means (best endeavours).
• Its liability is limited to the amount of the service actually paid by the Client.
• It is not liable for indirect damage: loss of data, operating loss, commercial loss, malfunction of a third-party service (Google, Stripe, hosting provider).
• These limits do not apply in the event of gross negligence or wilful misconduct.

CAPTURIT is responsible for the proper performance of the contract. It may be released from liability by proving that the non-performance is attributable to the Client, to the unforeseeable and insurmountable act of a third party, or to force majeure. No limitation of compensation may be enforced against the Consumer Client.

Force majeure is an event beyond the control of the party concerned, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures (article 1218 of the Code civil, the French Civil Code). A temporary impediment suspends performance; a permanent impediment terminates the contract automatically.

The right of withdrawal applies:

• to the Consumer Client, for a contract concluded at a distance (online, by e-mail or by telephone) or off-premises;
• to the Professional Client employing no more than five (5) staff, for an off-premises contract whose subject falls outside the scope of its main activity.

The Client has fourteen (14) days from the conclusion of the contract to withdraw, without giving reasons and without costs other than those set out in article 11.4.

The Client informs CAPTURIT of its decision before the period expires:

by sending the form in the appendix, or any other unambiguous statement, to samy@capturit.fr or to CAPTURIT, 1 allée de la Chapelle Saint-Paul, 66400 Reynes.

The service begins before the end of the withdrawal period only if the Client expressly requests it, on paper or on a durable medium for an off-premises contract. This request cannot result solely from acceptance of these Terms.

If the Client withdraws after making this request, it pays an amount proportionate to what has been provided up to its withdrawal. For a web subscription, this amount is calculated pro rata to the subscription period elapsed.

The right of withdrawal can no longer be exercised:

• for a service fully performed before the end of the period, where the Client expressly requested that it begin and acknowledged that it would lose its right of withdrawal once the service was fully performed;
• for the supply of digital files (photos, videos) begun before the end of the period, where the Client expressly consented, acknowledged losing its right of withdrawal, and CAPTURIT confirmed this agreement on a durable medium.

CAPTURIT refunds the sums due no later than fourteen (14) days after being informed of the withdrawal, using the payment method used for the order, unless the Client expressly agrees to another method at no cost to them.

The digital files delivered (photos, videos) and web subscriptions are digital content and digital services subject to articles L. 224-25-1 to L. 224-25-31 of the Code de la consommation (French Consumer Code). The Consumer Client may send their claim to samy@capturit.fr.

CAPTURIT, represented by Mr Samy Lazraq, processes the Client's personal data in accordance with Regulation (EU) 2016/679 ("GDPR") and French law no. 78-17 of 6 January 1978 (Data Protection Act). Contact: samy@capturit.fr.

The data requested in the quote or order is necessary to conclude the contract; without it, the order cannot be processed.

The data is intended for CAPTURIT and its technical service providers, within the limits of their tasks: hosting, invoicing, payment (Stripe, GoCardless).

Stripe may transfer data to the United States. These transfers rely on Stripe's certification under the EU–US Data Privacy Framework and on standard contractual clauses approved by the European Commission. Stripe's policy: https://stripe.com/fr/privacy

• Clients: 5 years after the end of the business relationship;
• accounting records and invoices: 10 years, the period required by article L. 123-22 of the Code de commerce (French Commercial Code);
• prospects: 3 years from the last contact.

You have the rights of access, rectification, erasure, objection, restriction and portability, and the right to withdraw your consent at any time. To exercise them: samy@capturit.fr.

You may lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL, the French data protection authority), 3 place de Fontenoy, 75007 Paris, or online at https://www.cnil.fr/fr/plaintes.

More information: https://www.capturit.fr/politique-de-confidentialite

Any complaint must be sent in writing to samy@capturit.fr or to CAPTURIT, 1 allée de la Chapelle Saint-Paul, 66400 Reynes.

The Consumer Client has the right to refer the matter, free of charge, to the consumer mediator to which CAPTURIT belongs:

The matter may only be referred to the mediator if the Client has first sent a written complaint to CAPTURIT, and within one year of that complaint.

If any clause of these T&Cs is declared void or unenforceable, the other clauses remain in force.

CAPTURIT's failure to invoke a breach by the Client does not constitute a waiver of its right to invoke that breach at a later date.

The signed quote (or the online order), any special terms and these T&Cs constitute the entire agreement between the parties. They supersede any prior document on the same subject matter.