The general terms and conditions were updated on 01/10/2013
The general terms and conditions are valid for all supply of services, offers, deliveries, transmissions and reproductions of works and documents that Sipa Press markets, whether this concerns a contract, a transaction “online” or “offline”.
In any case, the version published on the internet will prevail over the paper version and will be the sole version to be taken into consideration. In case of contradiction between the different language versions of these general terms and conditions, the French text will prevail.
Every client or prospect, every natural or legal person declares having taken knowledge of these terms and conditions, having understood them and accepted them without reservation.
If you do not accept these terms and conditions, please do not use the site of Sipa Press.
(a) document : work, original or derived, contained on any support, digital or analogue, notably in the form of drawing(s), text(s), image(s), videos or film(s); (b) third parties represented: persons featuring on the documents and their successors; (c) consignment: supply to the client of documents for a fixed period of 15 days, unless different express written agreement from the Company and at agreed conditions; (d) use of the document: reproduction or communication of the document in the sense defined by the legislation on copyright; (e) Company: Sipa Press.
These general terms and conditions are subject to French law and to international treaties in force concerning copyright.
These general terms and conditions govern all relations between the Company and the client as from the communication of these terms and conditions or as from access to the website of the Company.
Any clause accompanying an order made to the Company which would be in opposition or which would add a new element to these general terms and conditions of sale is not admitted by the Company, unless there is a prior, express and written agreement from a manager of the Company. In no case does the reference to the order form on the invoice of the Company imply an acceptance, express or tacit, of the general terms and conditions (of purchase) of the client by the Company.
4. Artistic ownership – signature
Any creation of a document confers upon its author artistic, patrimonial and moral property rights, as defined by the Code of Intellectual Property.
The Company acts as the agent of the author who has granted it the exploitation of the reproduction rights of the works of which he is the author, or in its capacity as the assignee of the said reproduction rights or as the owner of the patrimonial rights of the author.
With the exception of an express contrary agreement, only licenses for use of the works are granted by the Company.
The author or his successors and/or the Company retain the material and intellectual ownership, there included the moral rights of the documents. However, in the case where the support is specifically invoiced to and paid by the Company, the material ownership of the support is transferred to the client, the intellectual property rights ,there included the moral rights, of the work remain acquired by the author or his successors, and/or the Company. In this case, unless there is a contrary express and written agreement, the right for the client to exhibit the work is also excluded.
The name of the author and that of the Company must figure in a visible manner on all reproduction, representation or diffusion of the documents, subject an indemnity that the Company reserves the right to claim. This indemnity will be equal to the amount due for the license relating to each document, with a minimum of 150 EUR.
Documents for which only a license for use have been granted must be returned to the Company after use. The client undertakes to destroy all copies, digital or analogue, of the document which he would have made in excess of what is permitted by the consignment.
The license granted to the client is a personal right and is not transferrable.
In no case may the documents of the Company be transferred to third parties, or used by third parties without the prior written and express authorization of the Company.
The client will be held liable for any use not authorized by the license.
The delivery of the works by the Company may take place:
- Either in the form of a material support, on paper, slides etc. and on a magnetic support, a numerical support or optical support (notably CD, DVD, hard drive, USB key…)
- Or by online transmission (on the Internet site of the Company or on its extranet (online service), by mail or ftp, by email, by any electronic link,…
6. Licenses, transfer of rights, rates and justification
The delivery or the detention of a document does not cause, or presume the transfer or the licensing of rights. Any reproduction or use of documents can only be made upon the prior agreement of the company.
The license for use of a document is strictly limited to what is agreed (print, format, duration, territory, support etc.). The right to exhibit the document is in any case excluded, unless there is the written and express agreement of the Company. The license for use of a document does not imply, in any case, the tacit authorization to proceed with a later new use. In case of re-utilization of the document in violation of this article, or of article 4 alinea 3 of these general terms and conditions, the client can in no way prevail itself of the guarantee granted by the Company in article 8 of these general terms and conditions.
The tariffs and rates of license or transfer are established in writing (email or telecopy included) or by telephone, as indicative, and are likely to be modified without notice, even during a transaction, notably because of fluctuations in exchange rates or in a change in relation to the use declared upon consignment.
The client undertakes to supply, within the month of the date of invoicing, a copy of the proof evidencing the agreed use for examination of its conformity to the conditions of license by the Company.
Lack of receipt of the proof within a period of 8 days as from publication or from use of the model will result in a supplementary fee of 10% on the amounts invoiced by the Company with a minimum of 150 EUR.
For reproduction by means of the press, the license granted will be limited to the use foreseen in the invoice which will constitute, with these Terms and Conditions, the integrality of the granted license.
The publication rates are available on simple request.
In case of exceptional works or exclusivity granted by the Company, a special or exceptional rate will be applied for the license.
All works, photographs or reports etc. are only granted a license for one single publication and on one sole support. Any re-edition, re-publication or transfer to another support is prohibited, unless with the prior agreement of the Company.
Any use of works of the Company, other than reproduction by means of the press, must be requested in advance specifying the different envisaged uses (support, period, country and an exact media plan for advertising).
The Company, as from this request, will establish a quote which is sent to the client.
7. Exclusivity – Exceptional photographs
A license for use is never made exclusively. When it is possible, in any form whatsoever, the exclusivity must be subject to an additional express and written agreement as well as the payment of exclusivity rates distinct from the base rates.
The Company guarantees that all the persons represented on the documents have given their agreement to the reproduction of the documents. However, this authorization is general and concerns the reproduction of the document in the framework of general information articles and in normal conditions of use. In no case is this general authorization of the Company valid for a use of the documents out of their context, either because they are used to illustrate something other than the event represented on the image or with a different caption than that featuring on the document supplied by the Company.
For any particular use, other than for the illustration of articles of general information, such as promotion, publicity, or when the document is used out of context, the client must obtain prior to publication a particular written and express authorization from the third parties represented. In any case, the prior delivery by the Company of the document to the client is not valid as a particular authorization.
Notwithstanding the general or particular authorization, the client must obtain prior to publication a particular written and express authorization from the Company or from the third party represented, when the document is destined to illustrate sensitive subjects such as private life, sexuality, religion, serious or slight delinquency, situations that could be stigmatized, a profession subject to deontological rules, as well as images where the mention of “NO CREDIT” feature… . For this authorization to be perfect, the client must also have delivered in advance to the Company the justification of the final layout of the caption and of the illustrated text. In any case, the prior delivery by the Company of the document to the client is not valid as a particular authorization.
In all cases, the client will ensure that the persons represented are made unidentifiable (pixelated or redacted…) when it concerns the illustration of sensitive subjects, unless they have obtained prior to publication the particular written and express authorization from the Company or the third party represented to publish the documents as delivered by the Company.
Notwithstanding the general or particular authorization and given the usages practiced in the matter (context of the photos, etc.), the client must obtain, prior to publication, the particular written and express authorization of the third party, when this person is a well-known person (for example: sportsman, actor, politician, etc.) and when it concerns a posed photograph. In any case, the prior delivery by the Company of the document to the client is not valid as a particular authorization.
In so far as it is not customary in the profession that the Company receives license rights from the titleholders of the rights of the works represented (buildings, objects, artistic objects, logos, trademarks, etc.) the Company only guarantees the right to use the document including the represented works within the limits of the exceptions to the patrimonial rights of the author. The client must therefore check if the envisaged use is situated within these limits and in the negative, must obtain authorization of use directly from the titleholder of the copyright. In any case, the prior delivery by the Company of the document to the client is not valid as a particular authorization.
Given the millions of images and documents which are sent to us by our suppliers and published automatically on our website, certain captions may be incomplete or erroneous. These texts or captions must therefore be verified by the client before any use. The exactitude of the information does not enter into the scope of our guarantee.
Because of this, the client refuses to call in guarantee the Company for any element not covered by the guarantee.
The Company reserves the right to withdraw or to ban the publication of a photograph upon reimbursement of the license fee, or in case of retraction or refusal of a represented person.
The licensee undertakes to indicate to the Company any illicit reproduction of a photograph issued by the Company of which it is aware.
The Company reserves the right to request seizure of the documents delivered to the client, in whoever hands they may be, as well as any publications having abusively used the said documents.
The client is obliged to respect the original document and to use it without altering its integrity, form, color, concept, even by the context of its use, except for what is mentioned in article 8 in the framework of the respect of the anonymity of the persons represented.
10. Restitution – Handling changes
The client undertakes to return the documents in perfect condition (example: slides not unframed or unsealed etc.) within 30 days for clients and prospects of the daily and weekly press and within 60 days for other clients and prospects.
The time period starts from the delivery date of the documents, unless a different time period is granted by the Company, and in compliance with article 4.
Unless there is a contrary written agreement, the handling charges due as from the date specified for the return of the documents will be established according to the usages of the profession, without prejudice to the right of the Company to establish larger damages and to claim indemnity.
The debiting of any costs of research or of handling or the debiting of costs relating to the consultation and/or consignment of documents, does not imply any transfer or license of the rights to the client.
11. Time periods
The time periods are given by the Company as indicative only. No delay will entitle the client to any discount, period of grace, or to any indemnity or cancellation.
12. Transport, deterioration, or loss of the document
The consignment to the client or the prospect includes the transfer of risks attached to the delivered documents.
The consignment takes place from the registered office of the Company where the client removes the documents and checks the number and the condition thereof, which are presumed to be correct, unless there is a contrary observation made by the client at the moment of collection.
If the client cannot come to collect the documents and requests the Company to organize their transport, the documents are transported at the costs and the risks and perils of the client, the Company declining all liability for loss or deterioration. The number and the condition of the documents are in all cases presumed to be correct upon arrival.
The client undertakes to return the documents intact, within the said time frame, under its own liability, either by registered letter in the post or by transporter or courier, during the business hours of the Company.
The client undertakes not to restore himself or to have restored any damaged documents, which should be exclusively restored by the Company, at the costs of the client. If the document is damaged, altered, not returned during the time period granted, or definitively lost, the client will owe, in addition to handling charges, a minimum lump sum indemnity established according to the uses of the profession, without prejudice to the right of the Company to establish damages, direct or indirect, which are larger and to claim indemnification. This indemnity accumulates with the costs of consignment and should not be assimilated to a transfer or license of rights.
Any lost document which is later found must be returned to the Company which may decide upon the reimbursement of the lump sum indemnity, in this case reduced by the costs incurred in the meantime for the replacement of the document. The client undertakes to insure itself against these risks, the occurrence of which causes the immediate deduction of the above indemnities.
13. Unauthorized use
In case of unauthorized, illicit or use contrary to the rights of the Company (reproduction of the documents for a use which is not authorized by the license, publication without mention in a visible manner of the name of the author or of the Company, unauthorized modification…) the Company reserves the right to commence legal proceedings, notably for counterfeiting. Any unauthorized use will cause, in any case, the debiting of a minimum indemnity of 200% of the license fee with a minimum of 125 EUR, without prejudice to the right of the Company to establish larger damages.
14. Invoicing – payment - factoring
Invoices are payable within the time period indicated on the reverse side of the invoice, at the registered office of the Company or into one of the bank accounts mentioned specifically on the said invoices. After this deadline, the sums remaining due will carry automatically and without prior notice of remedy, a late payment interest of 1% per month. In this case, the amount remaining due will automatically be increased by 20%, with a minimum of 75 EUR, in order to cover the administrative costs of the Company.
Payment at a date before the date resulting from the application of the general terms and conditions of the license, and, more precisely, the payment upon receipt of the invoice, does not entail a payment discount.
The “factor” of the Company is subrogated into the rights of the creditor to obtain the settlement of invoices which would have been transferred to it.
15. Cancellation by the client
If the client cancels the transaction or decides unilaterally not to use the licensed documents, it will in any case owe 50% minimum of the amount of the applicable tariffs and/or of the planned services (taking into account, notably, of the creative work or other, already supplied by the Company and of the limitations of exploitation that the Company has been able to apply), without prejudice to the right of the Company to claim the counter value of all the services already rendered or services already carried out.
16. Documents not covered by copyright
In view of the important size of the services included in the provisions of the Company which merit remuneration, the client contractually undertakes to consider as a work, in the sense of the regulations on copyright, any image, photograph, drawing or text, even without originality, which will be consigned to it, and this independently of the costs of specific research which may be requested for certain missions. Because of this, the client expressly accepts that the legislation relating to copyright applies to all images, photographs, drawings or text consigned to it. The client undertakes consequently to respect in particular the rules established concerning the right of reproduction and communication as they are contained in the regulations on copyright.
17. Publication and entry into force of the general terms and conditions
These general terms and conditions are published on the internet and communicated to clients of the Company.
They enter into force on 01/10/2013 and replace the previous general terms and conditions. These general terms and conditions remain in force until their next replacement.
In its capacity as a professional, the client is obliged to inform itself regularly of the updating of the general terms and conditions by consulting the Internet site of the Company: www.sipa.com/en/terms.
In any case, the version published on the Internet will prevail over the paper version and will solely be taken into consideration. In case of contradiction between the different language versions of these general terms and conditions, the French version will prevail.
18. Use of the site
Use of the site and the images is done so at your risks. The Company may for technical adaptations modify the time table and the functioning of the site or render it unavailable. Within the limits provided by the law, the Company will not in any case be held liable for direct or indirect damages, whether foreseeable or not, based on claims such as delays, transmission problems, transmission speed or access, unavailability of all or part of the images, suppression of images or files, errors, computer bugs, alterations of images, and this whatever the basis of the claim.
In no case can the total amount of liability faced by the Company exceed the amount of the purchase price of the photograph print.
All claims relating to the use of the site must be made within a time period of three months maximum. After this time period they will be lapsed.
19. Intellectual property of the site
The site is the intellectual property of the Company. The computer development of the website is the intellectual property of the company that developed it. The documents used and represented on this site (texts, images, videos, illustrations, drawings etc.) are all protected by copyright.
Any infraction or denial of an intellectual property right or of any right relating to material belonging to Sipa Press may result in civil and/or criminal sanctions, as well as in condemnation to compensate any damages caused.
20. Confidentiality policy
Sipa Press, data controller, gathers personal data in order to ensure the management of contractual relations with its clients. Sipa Press undertakes to only collect data indispensable for the purpose of this processing.
The collected data may be transferred to companies linked to Sipa Press or to third parties in countries not benefiting from a sufficient level of protection. Sipa Press undertakes to structure this transfer in accordance with the applicable legal provisions (for example by signing standard contractual clauses of the European Union corresponding to the type of transfer envisaged).
In application of the law No 18-17 of 6 January 1978 on computers, files and liberties, you have a right of opposition for legitimate reasons, a right of interrogation, of access and of rectification of all data concerning you which can be exercised by email to the address [email protected], together with a copy of an identity card.
The Company may eventually install a cookie on your computer. This cookie is solely linked to your activity on our website. It has no influence on the functioning of your computer. You can erase this cookie at any time from your computer. The data relating to your cookie are not transferred to third parties.
If you erase the cookie on your computer it is possible you will no longer have access to certain functions on our site, such as access to your preferred pages or to your browsing history.
If you think that in the framework of this confidentiality policy that we are failing in our obligations, or if you wish to update your data, you may send us an email at [email protected].
21. Eventual nullity of a clause
In the hypothesis that a clause or a condition of these general terms and conditions would be judged null and void or inopposable, the other clauses of the contract will remain valid and will continue to be performed between the parties.
22. Use of our trade mark
Sipa Press is a protected trade mark. Its use, as well as use of its logos, are subject to prior written authorization of a manager of the Company.
23. Liability for hypertext links
The hypertext links installed in the framework of this website towards other resources present on the Internet, cannot engage the liability of the Company.
24. General provisions
If one or several provisions of the general conditions are held not to be valid by a law or a regulation or are declared as such by a definitive decision of a competent jurisdiction, the other provisions of the general conditions retain all their force and meaning.
Any claim must, in order to be taken into account, be sent to the Company by registered post, within eight days of the date of the sending note if the Company has sent one and if not, within eight days of the date of the invoice.
In case of dispute, only the Tribunals of the jurisdiction of the registered office of the Company will be competent.