General Selling Conditions
The customer is a moral or physical person that wishes to get an audio production of vocal message spoke on a music. This production is aimed at a broadcasting on all kind of phone system for use as welcoming message, answering machine or all kind of phone service (including IVR and vocal phone applications).
MusicoTel is a service proposed by the agency AtooMedia SARL, company that is a recognized challenger on the european market as a production comany in the field of sound branding, designing and musical marketing. In this way, the customer recognized to have set all its selection according to the asked message and also recognize that all the needs have been expressed to AtooMedia SARL. As a consequence, the latests is not responsible for the choice made by the customer according to the messages to produce.
On these bases, both parts have agreed and concluded to the following aspects.
This contract has been set to define conditions of selling between AtooMedia SARL and the customer. More specifically, this contract defines how AtooMedia SARL leaves to the customer rights for using the production defined by the order form.
This contract is valid as the order form has been validated by the customer and ends at the safe reception of the production by the customer under the way specified in the order form.
- ORDER - VALIDATION
The order form is validated by AtooMedia SARL as the payement due to the order has been payed all taxes included and the order form has been sent by mail, fax or email after validation on the site http://us.musicotel.com. Reception of the payement is equivalent to the validation of the order form and the acceptance of these General Selling Conditions.
- ORDER - PRICE - OPERATIONAL VIEW
the order form identifies the customer, defines the asked services and the features of the audio production asked (music chosen, voice chosen, total lenght), the payement way chosen and the price to pay.
- ORDER - TIME FOR DELIVERING
AtooMedia SARL undertakes to send by email, under the chosen format (.wav, .mp3 or any other digital format), the production within the next five (5) days following validation of the order form and the right reception of the payement bound to the order form.
- COPYRIGHTS - RIGHT OF USE
By an express agreement, the property of the productions in the result of this contact is granted to AtooMedia SARL. As far as needed, AtooMedia tranfers to the customer a part of the rights on the productions defined by the order form : rights for broadcasting on any phone systems, in the limit of 20 incoming phone lines. This transfer concerns all kind of analogical or digital supports used for phone broadcasting. All other rights are reserved and stay the property of AtooMedia SARL.
This transfer is valid for every countries and for the lenght of legal protection of the production according to the French law. This transfer is not an exclusivity and AtooMedia SARL keeps the right to transfer the same rights concerning the music chosen to somebody else, by the same service or in any other way.
This right transfer is considered as valid since the production has been paid and received by the customer.
- ROYALTY FREE MUSIC
By an express agreement, the right of using the music chosen developed in the latest article is not bound to fees to AtooMedia SARL in the name of author rights for every parts of the production (music and voice). More specificaly no rights perception will be done including by rights perception organisms (RIAA, SACEM, etc.). The right of use is accorded to the customer after the payement of total fees indicated on the order form. Fees beyond the number of twenty (20) incoming phone lines has to be negotiated between AtooMedia and the customer before the validation of the order form. The music chosen is the property of AtooMedia SARL and only AtooMedia SARL can charge the customer for author right fees (specifically in the case of more than twenty -20- incoming phone lines)
- MUSIC - VOICE
It is up to the customer to choose the music among proposals made on http://us.musicotel.com as background for each vocal message. The customer can also provide AtooMedia SARL a music without any guarantee of rights and more specifically without the application of articles 8 and 9 of this contract. It is up to the customer to choose the voice among proposals on the same website. The voice chosen will record the message. And finally it is up to the customer to write the text in the language of recording (no translation will be made) and without any abbreviations. The customer endorses alone the whole responsibility of the text as well as the content of the message, than the form and the efficiency of it.
- MESSAGE – CANCELLATION
AtooMedia SARL keeps the right to reject an order if the content of the message is violent, racist, sexual, offensive or more generally opposite to the morality. In this case, the rejection and cancellation of the order form and of this contract will be sent by email and the payement will be rejected or paid back as soon as the customer will have given AtooMedia SARL all the information needed for the repayment.
- RESPONSIBILITY - GUARANTEE
Due to this contract, AtooMedia SARL is expressively bound to an obligation of means. The responsibility of AtooMedia SARL would not be looked for in case of indirect damages as commercial losses, customer losses, commercial troubles, benefits losses, or brand image losses by the customer or any third party that would result of the use of the productions and its support of delivering.
In all cases, whether the responsibility of AtooMedia SARL is in cause, the amount of compensations will be expressively limited to the price paid for the production at the original cause of the damage.
- CANCELLATION - SANCTION
Any default of one or the other parties to the obligations they are in charge of could lead, if the creditor of the inexecuted obligation wants it, to the automatic cancellation in full rights of this contract, fifteen (15) days after the notice given to execute staid without effects. No compensation could be asked in this case.
The customer accepts that AtooMedia SARL can mention this contract as its references. In particular is given to AtooMedia the right to promote or broadcast excertps or total part of the production bound to this contract using the name and/or the logo of the customer. If this right is not given, it must have been precised expressively on the order form.
This contract contains all commitments of bound parties. Any other documents validated before the date of validation of this contract will be considered as invalid, null and void.
- ATTRIBUTION OF COMPETENCE
In case of difficulty in the interpretation or execution of this contract, bound parties decide to find an amicable solution before anything else. If difficulties remain, parties agree to submit them to the Commerical Court of Nancy (54, France).
- REGISTERED ADDRESS
Parties bound by this contract are domiciled at the addresses expressively mentioned on the order form.
- GENERAL CLAUSE
The validation of the order form (by mail, fax or email) by the customer is equal to the validation and acceptation of all clauses of these general selling conditions.