The present Legal Notice is applicable between the company Propulse Vidéo S.L, with a shared capital of 3 000 €, registered under the CIF number : B66957150, TVA ES B66957150, whose headquarter is located at Carrer de Paris 179 – 2*2 – 08036 BARCELONA (hereinafter “Propulse Vidéo) and the Client, who is the physical or moral entity identified as such on the quote(s) that are addressed to it by Propulse Vidéo (hereinafter “the Client”).
Any clause containing estimates and quotes made by Propulse Vidéo follows its own terms and conditions. An agreement on such a clause will be considered as an agreement on those specific terms and conditions.
The royalties on design and any other type of intellectual property in any clause or design, illustration, animation and storyboard drafts will remain the property of Propulse Vidéo, up to the end of the project.
The royalties on design and any other type of intellectual property in any clause or design, illustration, animation and storyboard drafts will become the Client’s property once the full amount of the quote has been settled.
Any clause must be treated as confidential information by the Client, who may not disclose, or allow its agents and employees to disclose, its contents.
In the case where the clause is rejected by the Client, all copies of the clause, as well as any complementary documentation, whether physical or digital, must remain confidential. A clause is considered as accepted when the agreement is given by e-mail, telephone or post (hereinafter « the Commission »).
Any quote put forth by Propulse Vidéo will be considered as valid for 15 days. After this period, if a special agreement hasn’t been made, the quote can be subject to revision and adjustments by Propulse Vidéo.
Any statement from Propulse Vidéo with regards to the completion date of the Commission is only an estimate. Propulse Vidéo will implement reasonable means in order to hold the schedule, but cannot be held responsible by the Client or any other person in case the Commission is not delivered on the agreed-upon day. Propulse Vidéo only is able to specify whether the commission, or any step of the Commission, has been completed.
Any alteration in the agreed-upon Commission between the Client and Propulse Vidéo allows Propulse Vidéo to revise or adjust any quote or settled-upon scheduled. Except in case of expressed written agreement, any quote on the Commission excludes VAT.
All down-payments have to be transferred, within 10 days following the submission of the Commission, to the account of Propulse Vidéo (except expressed written agreement), for lack of it the interest will be accrued on the total amount of the down-payment, up to 4% above the basic rate and Propulse Vidéo reserves the right to stop working on the Commission if no downpayment is done.
Non-payment will lead to a lawsuit if necessary.
Propulse Vidéo requires down-payment for projects up to 50 % of the total estimated quote, and it is necessary to pay it for the project to start.
Propulse Vidéo will deliver low-quality files when completing the Commission, and high-quality files will be sent to the Client when the final payment for the Commission has been received. Any material, information, photograph, publication and any other creative content given by the Client to use in the production and/or the incorporation of by-products, trademarks and royalties included, will remain the sole property of the Client, and the Client will be the sole owner of all its rights. Thus, the Client gives Propulse Vidéo a non-exclusive and non-transferable license to use, reproduce or modify the Client’s content, solely with regards to the production of the project.
The Client confirms that the information given to Propulse Vidéo in the Commission does not infringe on written or design copyrights ; is not an information received by the Client with nondisclosure agreements ; is not defamatory and does not contravene an act of the Parliament, any subsidiary legislation, any order from the court or any other restrictions, and accepts to compensate Propulse Vidéo for any complaint against its use. The Client recognizes that each creative piece is created with respect to its own instructions and Propulse Vidéo does not guarantee its quality or its interest for any aim or its consent with rules, regulations, standards or criteria, aside from the fact that the task will be reasonably consistent with the Commission.
In the case where pre-production documents and drafts are subject to approval by the Client, the Client will be responsible for correcting any error or omission, and Propulse Vidéo cannot be held responsible if an error or omission is discovered later on. Propulse Vidéo can, in no case, be held responsible of any profit loss or any consequent loss by the Client or any other party, and, in no case, can a complaint higher than the total amount of the charges for the Commission be raised against Propulse Vidéo. The Client must compensate Propulse Vidéo if such costs exceed the agreed-upon amount.
Propulse Vidéo recognizes that it does not knowingly contravene copyright-protected designs in the Commission and asks the Client to agree to compensate Propulse Vidéo for any complaint concerning the infrigement of such rights. Propulse Vidéo reserves the right to bring any contract to an end after a 30-day period without updates from a Client. Propulse Vidéo will retain the transferred down payment and will bring an end to said contract. If after this period the Client wishes to proceed with its project, Propulse Vidéo is allowed to adjust the final cost of its service.
All material belonging to other parties’ remain the exclusive property of their respective owners. The designers must inform the Client of the use of any other party’s material that could be necessary in order to accomplish the design or integration service in the final product. In such circumstances, Propulse Vidéo must inform the Client of the license need. Without damage to its existing rights, Propulse Vidéo will bring an immediate end to its contract if the Client contravenes any of the terms of the contract between Propulse Vidéo and the Client, or if the Client happens to become insolvent.
All parties are allowed to bring an end to this contract, given a two-month notice. In this situation, the Client will have to pay to Propulse Vidéo all due payments, up to the end of the notice, as well as any VAT. The Client will also hand back any supplied documentation and tasks. Any good or chattel given by the Client to Propulse Vidéo is assured replacement and the Client accepts the risk of an additional loss or damage as from the date of the contract. No part of this agreement can be operated so as to create a partnership or a joint exercise, of any type, between Propulse Vidéo and any other entity.
The Client cannot summon the benefit of this agreement or any right in any way. After completion of the Commission and of the payment of all quotes from the Client towards Propulse Vidéo, Propulse Vidéo will give the Client the right to exploit the final version of its piece created with regards to the Commission and for the aims specified in the Commission. The royalties ownership (not the source files) of all characters and all other design elements created for, or used in, the Commission is transferred to the Client.