General Terms and Conditions of Sale

 

Home / General Terms and Conditions of Sale


Updated on: 30/01/2023

These General Terms and Conditions of Sale (hereinafter the “T&Cs of Sale”) are valid from the date indicated above. For any order placed before this date, please refer to the previous version of our T&Cs of Sale here.

The INA hereby reserves the right to periodically update these T&Cs of Sale to ensure they are appropriate to the services available or to fulfil any new legislative and regulatory requirements. In such instance as, following modification on the Website as certified by the date of update, previous versions of the T&Cs of sale should continue to be accessible on other websites, via a cache or any other means, these previous versions will not be binding on the INA. You are, consequently, asked to connect directly to the Website to consult the T&Cs of Sale in force.


SECTION 1 - DEFINITIONS

Project Beneficiary: refers to the professional on whose behalf You are acting (i.e.: your client).

Media Clip : refers to an audiovisual sequence which You have selected on the Website, as listed in the purchase order and purchased in accordance with the T&Cs.

Account : refers to the online space made available to any person who registers on the Website, to access Website Services after connecting using login details.

Rights of Use: refers to those rights You have selected in the purchase order (editorial/digital use; Corporate/Brand Content use; Cultural use)

Package: refers to a predefined fixed-rate total when ordering and purchasing Media Clips available on the Website. A bonus will be added to this total corresponding to a percentage of the pre-tax price of the Package. This bonus is granted at no cost by the INA when purchasing a Package.

Project: the Project which You indicated in the purchase order refers (i) to content illustrated by the Media Clip(s) (such as a page, publication, message or article on social media, on a website or any mobile app) or (ii) to a welcome production integrating any of the Media Clip(s) (such as documentary, audiovisual or multimedia module, exhibition). Live entertainment is excluded from this definition. Moreover, the Project content may under no circumstances whatsoever promote offers for products and/or services.

Website: refers to this B to B website, available at mediaclip.ina.fr.

You/Yourself: A Connected User as defined in the T&Cs as a professional acting in his/her own behalf, on behalf of an employer or of a Beneficiary.

You may subscribe:

- a Turnkey Licence so as to use the Media Clip(s) in accordance with the terms and conditions outlined in the T&Cs for Licences below,

- or a Package in accordance with the T&CS for Packages below.

 


SECTION 2 - GENERAL TERMS AND CONDITIONS OF SALE OF TURNKEY LICENCES

These general terms and conditions of sale (hereinafter the “T&Cs for Licences”) govern the assignment of the Right to use one or more Media Clip(s) between You and the INA.

If You should purchase one or more Media Clip(s) on behalf of your employer or any Beneficiary, only your employer or Beneficiary may use the Media Clip(s) in accordance with the terms appearing in the Licence Agreement and will be considered as the sole rights holder for those Rights of use assigned.

As the Licence Agreement governs your relations with the INA, this does not create any obligation for the INA towards the Beneficiaries. You must, however, ensure that the latters respect all provisions stipulated in the Licence Agreement.

Please carefully read these T&CS for Licences before placing any order. When purchasing Packages, please refer to the T&Cs for Packages below.

Orders of Media Clips on the Website implies full and unreserved acceptance of the provisions which follow.

Article 1 - Additional Definitions

Licence Agreement: the Agreement comprises these T&Cs as well as the purchase order which indicates (i) the Right of use assigned, (ii) the financial terms and conditions, (iii) the list of Media Clip(s) purchased.

Digital publication: refers to the publication or broadcast of the Media Clip(s) as part of a Project, in the framework of the authorised Right of us, on all online public communication channels such as social media, Websites, Intranet sites, mobile apps, as well as video sharing platforms by the intermediary of any means and/or electronic communication networks existing or future, regardless of the terminals and receivers which exist or in future or standards governing publication and broadcast, so as to allow the public to watch and listen at a time and place of their choice.

Events: refers to any public broadcast or screening, paid or free, of the Media Clip(s). Commercial cinema screenings are excluded from this definition.

Included Content: the term Included Content refers to pre-existing content belonging to third parties, and included within the Media Clip(s) and for which the INA does not hold the right of use, such as, without this list being exhaustive, all photographs, images and artwork (including architectural creations) which do not fall within the ADAGP repertoire, sound recordings, written documents (texts), audiovisual content, and cinematic content.

User: refers to video sharing platforms, social media, website or mobile app editors, and any event organiser (not including live entertainment) for all uses indicated in these T&Cs.

Article 2 - Rights of use

2.1 - Remit of Rights of use

The INA hereby grants You (or, where applicable, your employer or Beneficiary) a non-exclusive and non-transferable right to use and reproduce the Media Clips, in accordance with those terms authorised as indicated in the purchase order and in respect of these T&Cs.

You may use the Media Clip(s) as part of a single Project for a single Right of Use. Any use of the Media Clip(s) as part of any other Project and/or for any other Rights of Use will require a further order to be placed.

With each order, You may choose one of the following Rights of Use:

> Editorial/Digital use

> Corporate/Brand Content use

> Cultural use

Upon expiry of the term of use granted for each Right of Use, You must either cease all publication and/or destroy the Media Clip(s) concerned, or alternatively renew the purchase of your Rights of Use on the Website.

2.1.1 - Editorial/Digital Use

Editorial/digital use authorises You to use, reproduce and represent the Media Clip(s):

  • > as part of your Project (as described in the purchase order);
  • > for editorial purposes (for public information or to illustrate the news). ;
  • > for digital publication;
  • > for a term of 5 (five) years following the order payment date;
  • > for the whole world.

2.1.2 - Corporate/Brand Content use

Corporate/Brand Content use authorises You to use, reproduce and represent the Media Clip(s):

  • > as part of your Project (as described in the purchase order);
  • > to present and promote the image, brand, history and ethos of your company (or, as appropriate, those of your employer or Beneficiary);
  • > digital publication or broadcast for a term of 5 (years) following the order payment date;
  • > as part of an Event for a term of 1 (one) year following the order payment date;
  • > for a term of 1 (year) following the order payment date;
  • >for the whole world.

2.1.3 - Cultural Use

You can subscribe this licence only if You or the Beneficiary are within the cultural sector.

The term “cultural sector” refers to public libraries and/or media libraries, cinematic libraries, cultural institutions (museums, conservatoires, cultural institutes, etc.), charities, foundations, French cultural centres and institutes abroad.

Cultural use authorises You to use, reproduce and represent the Media Clip(s):

  • > as part of your Project (as described in the purchase order);
  • > for cultural purposes
  • > digital publication or broadcast for a term of 5 (years) following the order payment date;
  • > as part of an Event for a term of 1 (one) year following the order payment date;
  • > for the whole world.

 2.2 - Dubbed/sub-titled versions

You may wish to undertake or commission, at your own cost, the production of a dubbed and/or sub-titled version in a foreign language of the Media Clip(s) and, where appropriate, versions for people with hearing impairments and/or with audio description, and within the framework of those rights of use assigned herein. In this instance, You will be proprietor of all tangible and intangible rights over these versions. The use of these versions may not, however, and in any manner whatsoever, be undertaken separately from use of the Media Clip(s) concerned without the prior written consent of the INA and the authors.

 

2.3 - Promotion

Subject to respect of copyright, the Rights of Use assigned authorise you to use 10% (ten percent) of the total length of each Media Clip solely and exclusively for the purposes of promotion of your Project on those media and networks authorised by the Rights of Use assigned herein.


Article 3 - Working copies

The INA offers You the opportunity to download a free working copy in order to make Your editing work much simpler. This working copy can be downloaded from the dedicated page for each Media Clip. Said copy includes the Media Clip(s) in low definition with the INA watermark and is solely intended for test publication. No rights or guarantees are assigned by the INA over working copies. Said Media Clip(s) may not be used as part of any Project nor made available to any person whomsoever, unless You have acquired the corresponding Rights of Use.


Article 4 - Restrictions on Use/Obligations and guarantees


4.1 - Restrictions on Use

This Agreement does not authorise you:

  • > to reproduce and/or communicate to the public the Media Clip(s) for any other use than that stipulated in the Agreement (and notably without this list being exhaustive: to abridge the Media Clip(s) so as to create a new catalogue of Media Clips or reconstitute the original programmes on the basis of the Media Clips; to use the Media Clip(s) for any political, religious or pornographic purposes; to use the Media Clip(s) as part of any monograph; to use the Media Clip(s) for any publicity and, more widely, for any promotion of a product and/or service; to use the Media Clip(s) as any brand, trading name or logo).
  • > to transfer or assign the Media Clip(s) or to issue them to any third parties, including subsidiaries, for any purposes whatsoever;
  • > to use or amend the Media Clip(s) in any manner which may harm or be likely to cause harm to the image and reputation of the INA or which may be harmful or prejudicial thereunto;
  • > breach of infringe the privacy and/or more widely personal rights of any person whomsoever (including image rights);
  • > breach the copyright of the right holders of the Media Clip(s);
  • > remove any reference, logo or copyright indication included in the Media Clip(s);
  • > breach copyright law or any other industrial property laws and, more widely, any legislation, regulations and customs in force;
  • > use the Media Clip(s) for any defamation, denigration, obscene or offensive purposes, to encourage hatred, violence, to commit any crime or offence, to publicly defend war crimes or crimes against humanity, for any purposes which run contrary to public law and order and/or in breach of any legislation in force,
  • > to undertake or commission the capture of any images from the Media Clip(s) without the prior written consent of the INA.

You hereby relinquish bringing any legal redress against the INA on the bases indicated hereinafter and You undertake to protect and hold harmless the INA for all financial consequences which may result from any claims or legal action brought by any individual on these bases.


4.2 - Obligations and guarantees

4.2.1 - Obligations and guarantees by the INA

Subject to due and proper respect of your obligations such as these are set forth herein, and where applicable in the purchase order, the INA guarantees and holds You harmless against any redress when exercising the rights assigned to You herein.

Not with standing any explicit guarantee, the INA does not assign any right or guarantee as to use of the Included Content. It is your sole and exclusive responsibility to seek any authorisations required regarding the Included Content.

The INA may not be held liable towards Yourself nor towards the Beneficiary and more widely towards any other natural person or legal entity for any loss of income, punitive damages, special damages, indirect damages, consequential damages, ancillary or other similar damages, cost or losses resulting from the Licence Agreement.

4.2.2 - Your obligations and guarantees

Implementation of Rights of Use acquired in the framework of Editorial/Digital Use and Corporate/Brand Content use require agreements to be signed in advance between copyright companies and the Users of the Media Clips (or failing this, the Beneficiaries).

Cultural use is undertaken without prejudice for implementation by the User (or failing this, the Beneficiary) of agreements signed or which are to be signed with French copyright companies (such as the SACEM) or their foreign counterparts.

It is Your responsibility to ensure that these agreements be signed by the latters and, failing which, to sign these Yourself with the competent copyright companies in the place of use (within the limit of mutual or unilateral representation agreements signed by French copyright companies with these foreign counterparts).

You hereby guarantee and hold harmless the INA against any loss (including legal fees, legal representation costs and legal defence costs) and/or damages which the INA may subsequently be ordered to pay due to any default in your obligations.

You hereby undertake that the Beneficiary respects the terms and conditions of use of the Media Clip(s) for which You remain solely and exclusively liable towards the INA.

Purchase of any Media Clip may not be annulled or reimbursed even in the event of failure to use said Media Clip.


Article 5 - Credits

You hereby undertake to make reference to the origin of the Media Clip(s), indicating in the credits the title of the original programme as well as all legal notices (such as the name of authors). The credits should be in a size and colour which allows them to be clearly and easily read by the naked eye.

The INA neither guarantees the accuracy or completeness of the indications or meta data provided with the Media Clip(s).


Article 6 - Use on video sharing platforms


6.1 - Management of media clips

6.1.1 – On YouTube

The INA retains management of the Media Clip(s) as part of the online Project on the YouTube platform. In order to avoid any automatic blocking of the broadcast of the Project on the YouTube platform, immediately upon publication, you must set the Content ID settings to exclude your ownership rights over the Media Clip(s) and send an email to the INA with the (i) URL address and Project title as well as the (ii) name of the YouTube channel on which the Project will be available.

6.1.2 - On other video platforms

The client undertakes not to activate any function which claims ownership of rights over the Media Clip(s), used as such or included within a Project, which are posted on the Client’s social media or video platforms.


6.2 - Waiver of liability in the event of strikes or third-party redress

The INA hereby waives all liability in the event of any complaint or claim made by a third party or any request for removal regarding any Included Content resulting from online publication or broadcast of the Media Clip(s) on any video sharing platform or social media channel, including the Client’s social media. The INA will not assist the Client in seeking to remove any “strike” and waives all liability in the event of deletion or closure of the Client’s social media accounts or channel, or in the event of suspended access for the Client to the social media account.


Article 7 - Orders

Orders must be placed on the Website

Where the Media Clip(s) is/are selected, this/these should be sent to the basket which can be accessed by clicking on the “basket” icon. To confirm an order, You should log in to your Account (using your personal username and password).

The Media Clip(s) chosen will be available in your basket until conformation of your order. You should confirm your basked by accepting the T&Cs for Licences. An order summary will then be displayed on the screen.

Upon consulting this order summary, You can identify any errors in the entry of your personal data and correct these, and then confirm or cancel the order placed. For an order to become definitive, You must indicate the company to be billed as well as the name and Beneficiary of your Project and then make payment. After approval of your payment, a purchase confirmation window will be displayed. This confirmation will also be sent to You by email.


Article 8 - Price and Payment Terms

8.1 - Price

Prices invoiced are those in force on the date of order registration.

Prices may be amended by the INA at any time and without prior notice, without incurring its liability. Moreover, the INA hereby reserves the right to offer promotions for periods and under terms which are indicated within said promotional offers.

The prices of the Media Clip(s) displayed on the Website are in euros exclusive of VAT. When making payment by bank card, prices include VAT at the rate in force on the order date. When making payment for Packages, the total amount exclusive of VAT for the order will be deducted from the remaining balance for the Package price.

Any change in the VAT rate in force may be passed on to the price of Media Clip(s). Similarly, if one or more taxes or duties should be created or amended, upwards or downwards, this change may be passed on to the sales price of the Media Clip(s) available on the Website. For orders placed within the European Union (excluding Mainland France), You should indicated wither a valid intracommunity VAT number, or a VAT exoneration number to benefit from exoneration of payment of VAT in France, in accordance with the General Tax Code. The INA must however bill VAT if the intracommunity VAT number provided is indicated as “invalid”.

For any orders placed outside of the European Union and Overseas Territories and Dependencies, duties or other local/State taxes may be applicable. These duties and taxation amounts are not paid by the INA. You will be liable for these payments under your own responsibility in terms of declarations and payments to the competent authorities and bodies in your country. The INA advises You to seek information with your local/State authorities accordingly. In order to be accepted, any claim or complaint must be made within 30 (thirty) days from the invoice date.

8.2 - Payment terms

You can make payment for orders either with a bank card, or by using the total available balance of your Package. Payment is due at the time of placing an order.

The following card types are accepted on our Website:

> Carte bleue,

> Visa,

> Mastercard, 

To make an online payment by card, You will be redirected to a secure online payment platform to enter your bank details. Your bank details are processed in a secure manner on behalf of the INA by its payment services provider INGENICO, which is holds the recognised international PCI-DSS security standard for order processing and monitoring.

All transactions performed with credit and debit cards are debited at the time of making a purchase.

You hereby confirm and guarantee to have all powers and rights necessary for use of the payment card. Under no circumstances whatsoever may the INA be held liable for any fraudulent use of a payment method.
If You should decide to delete your Account, this will lead to the INA receiving all current outstanding payments and no reimbursement will be possible.


Article 9 - Delivery

For the requirements of storage and archiving, the copies of Media Clip(s) will be made from usable versions. Given the age of some of the audiovisual programmes stored at the INA, the Contracting Partner hereby waives any right of redress in such instance as the Media Clip(s) delivered are considered to be of insufficient quality, despite a copy being made under state of the art technical conditions.

After payment by bank card or through a Package subscribed on the Website, the Media Clip(s) may be downloaded via a link which appears in your Account under “My Orders”.

The download links will remain active for one week. In such instance as (i) the Website is permanently or temporarily interrupted by the INA at any time and without notice, and notably for maintenance or due to any case of force majeure, and (ii) the download links could not be downloaded within the one week period, You may contact the INA using the contact form available on the Website to request delivery.

It is hereby indicated that the aforementioned conditions may be accumulated and the INA reserves the right not to follow up on any request which fails to respect said terms and conditions.



SECTION 3 - GENERAL TERMS AND CONDITIONS OF SALE OF PACKAGES

These general terms and conditions of sale of Packages (hereinafter the “T&Cs for Packages”) govern the subscription of a Package on the Website.

Please carefully read these T&CS for Packages before placing any order.

Subscription of a Package implies full and unreserved acceptance of the provisions which follow.


Article 1 - Packages available

Subscription of a Package is solely and exclusively intended to enable to purchase of Media Clips. Consequently, You may not subscribe any other Package with the outstanding balance of any current Package.

1.1 - Standard Packages

Standard Packages have a pre-determined and non-negotiable amount. The various Standard Packages available can be consulted on the “Packages” page of the Website.

1.2 - Bespoke Packages

The Bespoke Package allows You to negotiate a customised total directly with the INA.

The total amount of a Bespoke Package may not be less than the highest Standard Package.


Article 2 - Subscription to a Package


2.1 - Standard Package

Any order of a Package must be made on the Website. Where the Package option is selected, this should be sent to the basket which can be accessed by clicking on the “basket” icon. To confirm an order, You should log in to your Account (using your personal username and password).

The Package chosen will be available in your basket until conformation of your order. You should confirm your basked by accepting the T&Cs for Packages. An order summary will then be displayed on the screen.

Upon consulting this order summary, You can identify any errors in the entry of your personal data and correct these, and then confirm or cancel the order placed. For an order to become definitive, You must indicate the company to be billed as well as the name of your Project and then make payment. After approval of your payment, a purchase confirmation window will be displayed. This confirmation will also be sent to You by email.

 

Payment for Standard Packages can be made by card on the Website.

The following card types are accepted on our Website:

> Carte bleue,

> Visa,

> Mastercard,

To make an online payment by card, You will be redirected to a secure online payment platform to enter your bank details.

Your bank details are processed in a secure manner on behalf of the INA by its payment services provider INGENICO, which is holds the recognised international PCI-DSS security standard for order processing and monitoring.

You hereby confirm and guarantee to have all powers and rights necessary for use of the payment card. Under no circumstances whatsoever may the INA be held liable for any fraudulent use of a payment method.

The Package will be activated within your Account once your online payment has been approved. You will also be sent any email informing you that the Package has been activated in Your Account.


2.2 - Bespoke Package

To purchase a Bespoke Package, You can contact the sales team at the INA using the dedicated contact form. Negotiation of the total amount of a Bespoke Package and the associated bonus can then be undertaken directly with the INA offline. Once the total amount of the Package and bonus are agreed, the INA will send you a quote. A signed copy of the quote should be returned by any means to the INA within thirty (3) days and will constitute acceptance of these T&Cs for Packages.

Immediately following receipt by the INA of a signed copy of the quote, the INA will send You an invoice corresponding to the order as well as an email informing You that the Package has been activated in the Account. Payment should be made for the INA invoice within sixty (60) days following the date of issue of the corresponding invoice, either by bank transfer into the account open in the name of the National Audiovisual Institute [Institut National de l’Audiovisuel], 4 avenue de l'Europe, 94366 Bry-sur-Marne Cedex, with the following details :


For France:

> Banque Recette Générale Des Finances - Paris Head Office - 94, rue Réaumur 7510

> Paris Cedex 02 Bank Code: 10071

> Sort Code: 75000

> Account no.: 00001005187 / RIB Key


For abroad:

> BANQUE NATIONALE DE PARIS: BNP PARIS BERCY

> Bank: 30004

> Sort Code: 01692

> Account no.: 00020248080RIB Key 61


Any default or late payment will lead to removal of the remaining Package balance, closure of the Account and automatic payment to the INA of the following :

> on the one hand, a lump-sum fee of €40 (forty euros) for costs and expenses incurred by debt recovery proceedings implemented by the INA.

> on the other hand, compensation equal to 11% of the order total exclusive of tax calculated on a pro rata basis of the number of days of late payment from the invoice due date.

 

2.3- Common provisions

The Package prices in force as at the order date may be consulted online at mediaclip.ina.fr. Prices invoiced are those in force on the date of order registration. Prices may be amended by the INA at any time and without prior notice, without incurring its liability. Moreover, the INA hereby reserves the right to offer promotions for periods and under terms which are indicated within said promotional offers.

The Package prices displayed on the Website are in euros exclusive of VAT. At the time of billing, prices include VAT at the rate in force on the order date. Any change in the VAT rate in force may be passed on to the Package price. Similarly, if one or more taxes or duties should be created or amended, upwards or downwards, this change may be passed on to the sales price of the Packages available on the Website.


For orders placed within the European Union (excluding Mainland France), You should indicated wither a valid intracommunity VAT number, or a VAT exoneration number to benefit from exoneration of payment of VAT in France, in accordance with the General Tax Code. The INA however reserves the right to bill VAT if the intracommunity VAT number provided is indicated as “invalid”.

For any orders placed outside of the European Union and Overseas Territories and Dependencies, duties or other local/State taxes may be applicable. These duties and taxes are outside of the remit of the INA. You will be liable for these payments under your own responsibility in terms of declarations and payments to the competent authorities and bodies in your country. The INA advises You to seek information with your local/State authorities accordingly.

In order to be accepted, any claim or complaint must be made within 30 (thirty) days from the invoice date. Invoices are stored to the Account under “My Invoices”, for a minimum of 2 (two) years.


Article 3 – How Packages work

Packages are valid for one (1) calendar year following the date of activation. Packages are linked to your Account.

The details of the Package subscribed as well as the remaining balance can be found under “My Packages” in the user account.

Each time a Media Clip is ordered (in accordance with the T&Cs for Turnkey Licences), the total amount exclusive of VAT per Media Clip is automatically deducted from the Package balance.

Where the outstanding balance of a Package is less than the price of an order, it is not possible to make a purchase from your Package. You will have to purchase a new Package or make payment for your order by bank card.


Article 4 - Package usage restrictions

Packages can only be used on the Website.

Package purchases are definitive and irrevocable. Packages may neither be cancelled or reimbursed, even in part, even if You delete your Account or fail to use Your balance during the term of validity of the Package.

However, if You subscribe a new Package before the Package expiry date, the remaining balance will be added to the new Package balance for a further term of one year following the activation date of the new Package.



SECTION 4– COMMON GENERAL TERMS AND CONDITIONS OF SALE


Article 1 – Liability

In the event of any petition for legal action being brought against the INA for which compensation is being claimed, You hereby undertake to inform the INA of this petition within a reasonable timeframe before any legal action. Failing this, the INA may not be held liable for any legal fees nor costs which you were forced to incur. Any such claim for compensation may only concern direct damages which You suffered due to the purchase of Media Clips and/or Packages on the Website.

Under no circumstances whatsoever may the INA be held liable in the event of any lost profits or other indirect damages, costs or losses resulting from the purchase of Media Clips and/or Packages on the Website or any breach of the T&Cs.

You hereby guarantee and hold harmless the INA against any loss (including legal fees, legal representation costs and legal defence costs) and/or damages which You may subsequently be ordered to pay due to any default in the T&Cs.


Article 2 - Personal Data

In its capacity as data controller, the INA processes personal data for management of relations with Yourself, notably including the following forms of management in the framework of these.


General Terms and Conditions of Sale:

> information appearing in your Account,

> commercial relations,,

> promotions and promotional campaigns

> orders for Media Clips and/or Packages, and/or quotes for Bespoke Packages,

> purchases and payments,

> marketing and strategic surveys.

The following data are collected:

  • > identification and business details (civil status, surname, given name, postal address of your business address, business telephone numbers, email address),
  • > economic and financial details (bank details),
  • > login details (IP address, event log),
  • > purchase history, order tracking.

Personal data collected are essential to allow us to process requests. These data are only sent to the relevant departments of the INA responsible for processing your request.

All data collected are protected by European Regulation (EU) 2016/679 known as the General Data Protection Regulation and by law no. 78-17 amended known as the “Data Protection and Freedom of Information Act” of 6th January 1978 and the INA Privacy Charter.

In accordance with and within the limits of the aforementioned regulation, You have a right to access your personal data and ask that these be amended, completed or updated. You may also ask for your details to be deleted or object to their processing, provided you are able to provide a legitimate reason.

You may exercise your right to data portability, namely to receive a copy of the personal data You sent to us in an organised format which is commonly used and the right to send these data to another data controller. You can finally issue instructions for storage, deletion and communication of your personal data after death.

To exercise these rights, You should send a request by email to dpdina@ina.fr or by post to the National Audiovisual Institute [Institut national de l’audiovisuel] for the attention of the Data Protection Officer, Legal Directorate, located at 4 avenue de l'Europe 94366 Bry-sur-Marne Cedex, along with a copy of a valid ID document.

Before answering your request, we may carry out a check of your identity and/or ask You to provide us with further information to answer your request. We strive to answer your request within a reasonable timeframe and, in all instances, within legal timeframes. In the event of any unsatisfactory answer, You are entitled to make a claim with the National Data Protection Authority (CNIL).

Avant de répondre à votre demande, nous sommes susceptibles de vérifier votre identité et/ou Vous demander de nous fournir davantage d’informations pour répondre à votre demande. Nous nous efforcerons de donner suite à votre demande dans un délai raisonnable et, en tout état de cause, dans les délais fixés par la loi.

En cas de réponse insatisfaisante, Vous disposez du droit d'introduire une réclamation auprès de la Commission nationale de l’Informatique et des libertés (Cnil).

For more information regarding personal data protection measures implemented by the INA as well as the use and management of cookies when browsing on our Website, You can consult the INA Privacy Policy.


Article 3- Force majeure

Neither party will be held liable nor deemed to have defaulted in their obligations if this default is due to any case of force majeure.

Force majeure is considered to be any event as defined under article 1218 of the Civil Code as well as case law established by the French courts, with the exception of any event which is not directly related to the obligations indicated in the purchase order and these T&Cs.

The party who is impeded due to the occurrence of any such event will inform the other as soon as practically possible in writing. The parties will strive to adapt - if any such adaptation is possible without incurring additional costs for the parties - the terms and conditions of performance of the purchase order and the T&Cs. This adaptation should be mutually agreed between the parties and may only concern the practical terms and conditions of the purchase order and the T&Cs. Failing this, the parties should amend the purchase order and T&Cs with an addendum.

The purchase order and T&Cs will be suspended during any case of force majeure.

If the case of force majeure should last in excess of 30 working days and failing any adaptation approved by the parties, the purchase order and T&Cs will end without notice as at the date of notification served by either party.

In the event of any partial enforcement of the purchase order and the T&Cs on this date, these will be terminated and the services performed will be invoiced by the party concerned.

In the absence of any enforcement of the purchase order and T&Cs on this date and/or if the services, covered in the purchase order and T&Cs are only effective when enforced in full, the purchase order and T&Cs will be terminated and the parties will return to the condition in which they were found before signature.


Article 4- Integral nature of the agreement/validity of the agreement

These T&Cs and the purchase order express the entire wishes of the parties. Any modification or amendment of the purchase order and the T&Cs will only be enforceable on the Parties when appearing in a written addendum.

However, it is hereby indicated that in the event of any discrepancy between these T&Cs and the purchase order, the latter will prevail.

Invalidity of any of the clauses in these T&Cs will not lead to invalidity of the entire T&Cs.


Article 5 - Applicable legislation and jurisdictional clause

The T&Cs are governed by French law.

In the event of any dispute arising with regard to the enforcement or interpretation of these presents, the Parties will seek a resolution within a fortnight following the date of issue of a special delivery letter with acknowledgement of receipt.

Any dispute which arises with regard to interpretation or enforcement of the T&Cs will, failing any amicable agreement reached between the Parties, be submitted to the sole and exclusive jurisdiction of the courts and tribunals within the remit of the Paris Court of Appeal.

 

For information, any questions or claims regarding the T&Cs, You can, if You are unable to find your answer in the FAQ section, send an email by filling in the contact form online at http://mediaclip.ina.fr