Terms and conditions

General conditions of subscription Motion Graphics Now

As of September, 20th, 2023

By subscribing to the Services, you acknowledge that you have read, understood, and agree to be bound by these General Conditions of Subscription.

These General Conditions of Subscription (hereinafter: the “Conditions”) are entered into by and between Wise & Bold, a société par actions simplifée (limited company) with a share capital of €1,000 registered in the RCS of Orléans under number 908 789 860, situated 2 avenue de la Gare, 45200 Montargis (hereinafter: the “Provider” or “we”), and the individual or entity subscribing for professional purposes to the motion design services (hereinafter: the “Services”) provided under the Conditions (hereinafter: the “Client”, together: the “Parties”).

The Provider specializes in motion design.

The Client is interested in using the Services.

1 – Object

These General Conditions apply between the Supplier and its professional Client as regards the Services. The Client acknowledges that it shall use the Services only for professional purposes.

The Services are provided under a subscription plan (hereinafter: the “Subscription”).

2 – Terms and Conditions approval

By subscribing to the Services, the Client agrees to abide by the terms and conditions outlined in these Conditions.

3 – Services

The Services consist of the supply of motion design services, notably:

• Conceptualization
• Moodboard
• Storyboard
• 3D motion graphics
• logo animation
• motion graphics product showcase
• video editing, resizing, variation.

The Services may evolve as provided for under Section 14.

4 – Projects

During the time of the Subscription, there is no limit to the number of requests the Client may submit to the Provider. The requests (hereinafter: the “Project”) are completed one after the other. The number of Projects is not limited; however, the supplier will never process two requests at once. It is also specified that when the Subscription comes to an end, whatever the reason, all pending requests shall be voided.

Each Project starts with a brief (hereinafter: the “Brief”) that is sent by the Client to the Supplier to detail his needs. The Supplier asks the Client to complete the Brief if information is missing.

When the Brief is received, the Supplier analyses it and provides the Client with an estimated time of completion. The estimated time of completion depends on the complexity of the request. The Client may not challenge the estimated time whatsoever unless he edits the Brief.

During its work on the Project, the Supplier shall share with the Client as many working documents such as sketches, visuals, draft animations, etc., as he deems necessary to confirm the Client’s will. The Client shall give his feedback for each working document shared. The Supplier shall seek the Client’s approval before each major step of the Project.

Depending on the feedback given by the Client, the estimated time of completion of the Project may vary. The Supplier shall make its best efforts to update the estimated time of completion when needed. The Supplier shall not be liable for any delay in the completion of the Project caused by the Client not giving its approval on a working document.

5 – Warranties

The Supplier shall provide the Services in a professional manner.

Due to the artistic nature of the Services, the Supplier does not guarantee the satisfaction of the Client for each Project. However, the Client is free to edit the Brief as much as he wants and ask the Supplier to keep working on the Project until satisfied.

The Supplier does not guarantee a time of completion.

The Client guarantees that he will not use the Services in violation of any Intellectual property right or to commit an unfair trade practice (including, but not limited to, parasitism, misleading advertising, etc.). The Client shall indemnify and hold harmless the Supplier of any claim arising in that regard.

The Supplier guarantees that he does not violate any intellectual property right when providing the Services.

6 – Price

The price of the Subscription is paid on a monthly, quarterly, or yearly basis by wire transfer, or any other method of payment previously agreed between the Parties. The price of the Subscription depends on the plan selected by the Client. The different plans are presented on the Supplier website https://motiongraphicsnow.com/# and are subject to changes as provided for under Section 14.

7 – Subscription Period

The Subscription period shall commence on the date of payment and continue for the duration specified in the selected subscription plan.

Unless otherwise specified in the Subscription plan, the Subscription period is at least a month.

Unless the Subscriber terminates the Subscription before the end of the Subscription period, the Subscription will automatically renew for subsequent periods as specified in the selected Subscription plan.

If the Subscription plan specifies it, the Subscription can be put on hold when there is no Project pending and the Client so wishes. In such case, the Client can reactivate its Subscription no more than a year after the hold, the Subscription continues for the Subscription period remaining.

8 – Termination

The Client may terminate the Subscription at any time by providing written notice to the Provider. The termination will take effect at the end of the current subscription period.

The Provider may terminate the Subscription and access to the Services for a violation of these Conditions.

9 – Intellectual Property

All intellectual property rights, including but not limited to the right to edit, replicate, sell, communicate, transfer, display, and share, all content provided under the Services are transferred to the Client.

The Client agrees to grant the Provider with a license allowing him to share and display on its website the content provided under the Services for the advertising of the Services.

10 – Confidentiality

During the course of the Subscription and for one (1) year after termination, whatever the reason, both Parties shall maintain the confidentiality of any confidential information disclosed.

11 – Limitation of Liability

The Provider’s liability for any damages arising out of the Services shall be limited to the total price paid by the Subscriber in the twelve (12) months preceding the event giving rise to the claim.

12 – Personal data

Any personal data shared under the Subscription shall be treated in respect of the GDPR. The Provider may collect and process personal data for the exclusive purpose of providing the Services.

Right of access, erasure, rectification, and any other right relating to personal data may be exercised by contacting: [adresse mail]

13 – Governing Law and Jurisdiction

These Conditions shall be governed by and construed by the laws of France. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Paris.

14 – Amendments

The Provider reserves the right to amend these Conditions at any time by providing notice to the Subscriber. Continued use of the Services after receiving notice of amendments constitutes acceptance of the revised terms. The amended Conditions enter into force between the Parties when the Subscription period is renewed.

15 – Entire Agreement

These Conditions, the Subscription plan, and any specific terms agreed between the Parties constitute the entire agreement between the Parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.