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ESEKAI AGENCY
SARL with a capital of 2 000€
Registered office : 62 rue de Ponthieu, 75008 Paris
SIRET : 947 933 834 00010 – RCS Paris
VAT Number : FR37947933834
Represented by Mr. Tony Lo, Managing Director
Contact : contact@esekai.agency
Website : www.esekai.agency
(hereinafter referred to as the "Service Provider")
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1. Purpose

These Terms and Conditions of Sale (T&Cs) aim to define the terms under which Esekai Agency provides:

• Community management services, and/or
• Creation and production of promotional visual content (including videos adapted for social media), for professionals (hereinafter referred to as the "Client").

These T&Cs prevail over any other documents, including the Client's general terms and conditions of purchase.
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2. Definitions

• Client : Any legal entity or individual acting in the course of their professional activity, requesting a Service from the Service Provider.
• Service: All services offered by the Service Provider as specified in the quote or contract (content creation, community management, sponsored campaigns, e-reputation monitoring, filming, editing, video delivery, etc.).
• Contract: The signed contractual document, accompanied by the quote and these T&Cs.
• Price: The financial compensation due by the Client for the Services.
• Deliverable: Any production (video, visual, report) provided to the Client as part of the Service.

3. Formation of the contrat

The Contract is formed upon the signing of the quote or contract and activation of payment by the Client. Any signature constitutes full acceptance of these T&Cs. No service will commence without receipt of an initial payment as per the specified terms.

For video-only services, payment must be made in full upon order, unless otherwise agreed in writing.

4. Service Terms

The Service Provider offers personalized services which may include, depending on the Client’s needs :
Social media account management (community management)
Creation of visual and video content for social media
‍At the Client’s specific request, the service may be limited to content creation, without social media management.
‍Services are governed by a contract that precisely defines the relevant accounts (e.g., Instagram, TikTok), content volume (e.g., 6 videos), any additional options (e.g., Omi Day), and follow-up procedures.
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Each step requires written approval from the Client. Once approved, it is final. Any subsequent changes will incur additional costs.

The Client is responsible for providing a functional email address for receiving files. Deliverables are kept by the Service Provider for 6 months after delivery; after that, they may be deleted.

5. Duration, Termination, and Renewal

The contract is concluded for an initial period specified in the contract (e.g., 6 or 12 months) starting from the commencement date. It will be automatically renewed unless terminated by registered letter or email (contact@esekai.agency) 60 days before the expiration. In case of early termination, no refund will be made, and all remaining installments will be due, unless there is proven gross misconduct by the Service Provider.

For one-time services (e.g., video shooting), no cancellation is possible after signing without fees. Cancellations within 10 business days of the shoot will result in 100% of the fee being due.

6. Financial Conditions

• The Price is specified in the contract or quote (e.g., €1499 excluding VAT).
• Payment is made by bank transfer or via Stripe. Any abusive opposition will result in a flat fee of €90 excluding VAT for management fees.
• In case of non-payment:
• Penalties at three times the legal interest rate
• Flat fee of €40 (Article D.441-5 of the French Commercial Code)
• Immediate suspension of Services without prior notice

The Client remains liable for the full amount due, even if the services are not used or collaboration ceases.

7. Intellectual Property

• The created content (videos, texts, visuals) remains the property of the Service Provider until full payment has been made.
• Once paid, the content is transferred under a non-exclusive and non-transferable license for 24 months on the defined channels.
• The Client may not modify, resell, or reuse the content for other purposes without written consent from the Service Provider.

8. Client's Obligations

The Client agrees to :

• Provide all necessary access to social media accounts or filming locations
• Submit necessary information and documents for the Service within the specified timelines
• Hold the necessary rights to all provided materials (locations, images, logos, music, etc.)
• Adhere to validation timelines. Otherwise, the validation is deemed final after 72 hours
• Provide the necessary products, locations, or equipment for shootings

Failure to comply with these obligations may result in suspension of Services or additional charges.

9. Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, no right of withdrawal applies to personalized services, including custom videos or content creation. Any confirmed order is therefore final and binding.

10. Confidentiality

All information exchanged between the Parties is confidential. Each Party agrees not to disclose this information, unless it is publicly available or legally obtained. This obligation remains valid for 5 years after the end of the contract.

11. Liability

The Service Provider’s liability is limited to direct damages suffered by the Client and cannot exceed the total amount excluding VAT paid in the last 3 months. The Service Provider is not responsible for organic or algorithmic performance (SEO, engagement, visibility).

12. Personal Data

The data collected is processed in accordance with GDPR. The Client can exercise their rights (access, correction, deletion) at any time by contacting contact@esekai.agency. Data may be transferred to subcontractors for contract execution, respecting confidentiality.

13. Temporary Suspension ("Pause Option")

The Client may request a temporary suspension of the contract once per year for a maximum of 3 months. The Service Provider must receive a written notice 15 days in advance. The contract duration will be extended accordingly. During suspension, no services are provided, and no payment is required, unless otherwise stated.

14. Non-Solicitation of Staff

The Client agrees not to hire or collaborate directly with an employee, trainee, or subcontractor of the Service Provider who has worked on the contract for 12 months after the contract ends. In case of breach, a penalty of €15,000 excluding VAT will be owed by the Client.

15. Commercial References

Unless explicitly stated otherwise, the Client authorizes the Service Provider to use their logo, trade name, and visual excerpts of the services for communication purposes (website, portfolio, social media, bids, etc.).

16. Disputes and Jurisdiction

These T&Cs are exclusively governed by French law.
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In case of a dispute regarding the interpretation, execution, or validity of the contract or these T&Cs, the Parties agree to attempt amicable resolution. If no agreement is reached within thirty (30) days following written notification of the dispute to the other Party, the dispute will be brought before the competent courts in the Service Provider's jurisdiction, even in the case of summary proceedings, multiple defendants, or third-party actions.

For any information related to these T&Cs, you can contact the Service Provider at: contact@esekai.agency.