A good working relationship always starts with a clear and well-defined framework. And once the groundwork is laid, all that’s left is to give free rein to the creativity and ingenuity that our artistic professions allow us. And all with a single goal in mind: to achieve the highest possible quality.
Article 1 – Purpose
Ms. Cécile HEREDIA, born on November 22, 1983, in Paris 75015, a French national, working as an actress, voice artist, and professional voice-over artist, registered under SIRET number 75185932300030, with its registered office located at MONTALBO 20130 CARGESE, France (hereinafter referred to as “the Voice-Over Actress”) provides voice acting services and voice identity development to professional clients or individuals (hereinafter the “Client”).
These Terms and Conditions apply to all services provided by the Voice-Over Artist to the Client and set forth the rights and obligations of each party. The Client acknowledges having read and agrees to these Terms and Conditions, which are available on the Voice-Over Artist’s website and via this link, and which govern the business relationship even if a quote has not been signed.
The Client’s order for services from the Voice-Over Artist implies and constitutes the Client’s unconditional acceptance of these general terms and conditions of service. These terms and conditions shall prevail over any prior terms and conditions, as well as over any terms and conditions of purchase that the Client may apply. The only exceptions to these terms and conditions are any special terms that may have been agreed upon between the Voice-Over Artist and the Client.
Article 2 – Pricing
For any request for services, the Voice-Over Artist will prepare a quote (hereinafter the “Quote”) containing a pricing proposal valid for one (1) month from the date the Quote is sent or presented to the Client. The rates indicated are firm and non-negotiable throughout the validity period of this initial Quote. After this period, they are subject to change, and a new Quote may be prepared by the Voice-Over Artist, if necessary.
All prices are quoted in euros and exclude taxes; VAT at the standard rate in effect at the time of invoicing for the service will be added. The prices for services offered by the Voice-Over Artist are those in effect on the date the Client places the order, as stated in the Quote. Any service not included in the initial Quote will be subject to a supplementary Quote.
The Quote is considered accepted upon receipt by the Voice-Over Artist of the document dated and signed by the Client. It is expressly agreed that the Client’s return of the signed Quote constitutes the Client’s unconditional acceptance of and agreement to the terms of the Quote, the rates indicated, and these general terms and conditions of service. Once accepted, the Quote is final and non-negotiable.
Article 3 – Terms of Payment
Payment Terms: Invoices issued by Comédienne Voix Off are payable by the Client within thirty (30) days of the invoice date, in full, without discount.
Payment of invoices must be made exclusively by bank transfer to the account specified by Comédienne Voix Off.
Any delay in payment shall automatically and without prior notice result in the application of late payment penalties calculated in accordance with the provisions of Article L. 441-10 of the French Commercial Code. The penalty rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus five (5) basis points.
Late payment penalties are calculated based on the total amount due, including all taxes, and accrue starting from the day following the due date indicated on the invoice.
In addition to late payment penalties, any delay in payment shall also automatically give rise to the payment of a fixed compensation fee for collection costs in the amount of forty (40), in accordance with Article D. 441-5 of the Commercial Code. This compensation is due without prejudice to any other compensation that the Voice-Over Actress may claim, under the conditions of general law, in the event of additional damages resulting from the late payment.
Article 4 – Termination Clause
In the event of failure by the Client to pay the amounts due within fifteen (15) days following the implementation of Article 3 – “Terms of Payment,” the Voice-Over Artist reserves the right to suspend or terminate her ongoing services, without prejudice to her right to seek compensation for any damages incurred.
Article 5 – Intellectual Property
The services provided by the Voice-Over Artist to the Client are protected by the neighboring rights of performers as defined by the Intellectual Property Code. The Voice-Over Artist declares that she has ensured she holds all rights relating to the materials used in connection with the services commissioned by the Client.
The Client, for its part, declares that it has ensured it holds all rights relating to any materials it may provide to the Voice-Over Artist.
Failing that, each party shall indemnify the other and assume all liability for any resulting consequences, and shall hold the other party harmless from any claims. Consequently, the defaulting party shall be liable for all damages and interest to which the other party may be ordered to pay as a result of an act of infringement, unfair competition, or free-riding, as well as all costs and fees of any kind incurred by the other party in its defense, if applicable.
5.1. Terms of Use
The Client expressly agrees not to use all or any part of the Voice-Over Artist’s recording or performance for any purpose other than those specified in the Quote signed by the parties, including, but not limited to, the creation of synthetic voices or for the machine learning of generative artificial intelligence systems.
In particular, the Client must not use any recording or performance by the Voice-Over Artist to simulate her voice or appearance, or to create a “digital double” voice or appearance representing her.
The Client specifically agrees not to sell or transfer ownership of all or part of the recordings or the Voice-Over Artist’s performance to a third party without her prior written consent.
The Client agrees not to enter into any agreements or contracts on behalf of the Voice-Over Artist that use all or part of the recordings or the performance without her prior written consent.
The Client agrees that any recording or performance stored in digital format will be stored securely so that unauthorized third parties cannot access the files containing the Voice-Over Artist’s voice or likeness. When such files are stored in a “Cloud” space, the Client agrees to protect them through encryption or other appropriate and up-to-date technological means.
The Voice-Over Artist’s name shall be systematically credited by the Client and shall appear on or in connection with the work created for the Client, unless the Voice-Over Artist expressly waives this right in writing.
5.2. Retention of Title
All services ordered by the Client remain the full and exclusive property of the Voice-Over Artist until the invoices issued by the Voice-Over Artist have been paid in full by the Client.
5.3. Assignment of Economic Rights
In exchange for payment of all amounts due, the Voice-Over Artist assigns to the Client her economic rights as a performing artist in the works she has created for the Client, under the following conditions:
The license is granted solely for the purpose and use agreed upon at the time the Quote was signed and as specified therein. Any adaptation or use for any other purpose or use is prohibited unless prior written authorization is obtained from the Voice-Over Artist, in which case additional compensation shall be negotiated between the Parties.
The transfer is granted for the territory specified in the Quote. Any use in another territory requires the prior written consent of the Voice-Over Actress and shall give rise to additional compensation. The transfer is granted for the entire duration of the neighboring rights pertaining to the works recognized under French law, subject to any time limit specified in the Quote.
5.4. Terms of the Assignment
The performer’s neighboring rights in preliminary drafts, demos, proposals, and working materials that the Voice-Over Artist may have developed in connection with the project or negotiations are not assigned to the Client and remain the exclusive property of the Voice-Over Artist, whether or not the project is finalized.
Only the economic rights relating to the services identified in the Quote, ordered and paid for by the Client, are transferred. The economic rights thus transferred include the right of fixation, reproduction, and performance, within the limits of the purpose, territory, and duration defined in Article 5.3 herein:
Right of fixation: any recording made from the voice-over artist’s live performance in connection with the services commissioned by the Client. Right of reproduction: the direct or indirect reproduction, by any known or unknown technical process, current or future, on any medium and on any private or public telecommunications network, national or international (in particular the internet, extranet, intranet), of all or part of the works created by the Voice-Over Actress in connection with the services commissioned by the Client. Right of performance: the right to perform, make available, broadcast, or communicate to the public, directly or indirectly, all or part of the works, by any means known or unknown, current or future, for any use and in unlimited quantities.
The Voice-Over Actress assigns the aforementioned economic rights to the Client, who may exploit them for commercial, advertising, and promotional purposes, within the limits defined in this article.
5.5. Moral Rights
The Voice Actress’s moral rights, including the right to respect for her name, her status as a performing artist, and her performance, remain inalienable and imprescriptible.
Article 6 – Liability
The information provided by the Client is binding on the Client: in the event of an error or inaccuracy, the Voice-Over Actress shall not be held liable, and any resulting additional costs shall be borne by the Client.
The obligations imposed on the Voice-Over Actress are obligations of means.
The Voice-Over Artist shall in no event be held liable for the commercial success or failure of the projects she has developed for the Client or for the financial consequences thereof for the Client, the latter expressly acknowledging that payment for the Voice-Over Artist’s services is due regardless of the commercial success of the project.
In any event, the Voice-Over Artist shall not be held liable for:
Indirect damages, including loss of revenue, loss of customers, loss of business opportunities, business disruption, or loss of profits;
Delays or failures to perform resulting from a force majeure event as defined by French case law;
The Client’s use of the services in violation of the provisions of this contract, particularly in the event of use beyond the authorized scope;
Claims by third parties related to the Client’s use of the services.
Any complaint regarding the quality or conformity of the services must be made in writing within 2 days of delivery. After this period, the services shall be deemed to be in conformity and accepted without reservation.
Article 7 – Right of Publicity
Unless the Client expressly states otherwise in writing, the Voice Actress has the right to cite the Client as a reference.
The Voice Actress also reserves the right to reuse, adapt, and modify all or part of the services provided to the Client for the purposes of her business development and external communications, including on her website, social media, and portfolio, in accordance with industry standards and in strict compliance with the Client’s rights regarding their image, brand, and the image of their members.
If the Client wishes to keep their collaboration with the Voice-Over Artist confidential, they must inform the Voice-Over Artist in writing at the time of the order or, at the latest, upon delivery of the service. In this case, the Voice-Over Artist agrees not to make any public mention of the project.
Article 8 – Term
The contract between the Client and the Voice-Over Artist is entered into for the term specified in the Quote. This term is fixed and is not automatically renewable.
The Client agrees to use its best efforts to provide, upon request by the Voice-Over Artist, any information in its possession necessary for the proper performance of the services, as well as any factors that may affect the schedule for their completion.
In the event that the Client fails to respond within 15 days following a request from the Voice-Over Artist sent by registered mail with return receipt requested, the Voice-Over Artist reserves the right to terminate the service contract as of right and to invoice the Client for the work already performed, without prejudice to any potential compensation for any other damages resulting directly from the Client’s conduct.
In the event that it is physically and/or technically impossible to perform the service, the Voice-Over Artist and the Client agree to notify the other party as soon as possible so that the date of the service can be rescheduled for a later date under the best possible conditions.
However, if the cancellation is attributable to the Client or if the postponement is impossible due to the Client, the amount paid as a deposit shall be retained by the Voice-Over Artist, without prejudice to any compensation for other damages directly resulting from the Client’s actions, and the Voice-Over Artist further reserves the right to invoice the Client for work already performed.
In the event that the cancellation is attributable to the Voice-Over Artist, the latter shall refund the deposit paid by the Client.
9.1. Delivery Terms
Services are delivered free of charge via internet download and/or email to the address provided by the Client at the time of ordering.
Files are delivered in WAV or MP3 format, in accordance with the Client’s choice as indicated in the Quote. Any other desired format must be specified at the time of ordering and indicated in the Quote.
9.2. Electronic Delivery
The female voice-over artist accepts no liability if the Client does not receive emails sent to them (particularly in cases where anti-spam software, computer issues, and/or internet access problems prevent the receipt of emails).
It is the Client’s responsibility to regularly check their inbox, including their spam folder, and to report any delivery issues immediately.
If electronic delivery cannot be ensured, the Voice-Over Actress and the Client agree to notify the other Party as soon as possible in order to arrange for a postal shipment at the Client’s expense, on a digital medium (CD-ROM, DVD-ROM, floppy disk, USB drive, flash drive, or any other appropriate medium) in the form of a WAV audio file or, upon request, an MP3 file (or another format to be specified at the time of the order).
Postage and shipping costs, as well as costs for physical media, will be billed to the Client in addition to the service fee.
The Client has two days from the date of delivery to submit any comments or requests for minor changes (including pronunciation corrections and adjustments to the rhythm). After this period, the service will be deemed to have been accepted without reservation. Any request for substantial changes (including changes to the text, tone, artistic direction, etc.) will be considered a new order and billed accordingly.
9.3. Return of Materials
Upon completion of the service or in the event of early termination, the Voice Actress agrees to return to the Client any working documents provided during the course of the service, as well as the completed materials.
The Voice Actress agrees to retain a technical copy of the project for a period of 6 months from the date of delivery, after which the Client may no longer request a copy, subject to loss due to force majeure as defined by French case law.
Article 10 – Personal Data
10.1. Role as Data Controller
When Comédienne Voix Off processes its clients’ personal data and determines the purposes and means of such processing, it acts as the data controller in accordance with applicable regulations, notably the General Data Protection Regulation (GDPR) No. 2016/679 of April 27, 2016, and the amended Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties.
10.2. Data Collected and Purposes
In this capacity, the Voice-Over Artist informs the Client that the personal information it collects through the Quote (namely last name, first name, date of birth, mailing address, phone number, email address, bank details, etc.) is stored in its client database and is primarily used for the following purposes:
The proper management of commercial relations with the Client;
The processing and tracking of orders;
Billing and accounting;
The sending of commercial information.
10.3. Retention Period
The personal information collected will be retained for as long as necessary to fulfill the purposes for which it is processed.
After these periods, the data will be deleted or anonymized, unless:
A longer retention period is authorized or required by law or regulation;
The Customer has exercised, under the conditions set forth below, one of the rights granted to them by law.
10.4. Recipients of the Data
Access to personal data is strictly limited to employees and agents of La Comédienne Voix Off who are authorized to process such data by virtue of their duties.
The information collected may be disclosed to third parties contractually bound to Comédienne Voix Off for the performance of outsourced tasks necessary for order management (including: data hosting, payment services, accounting services), without requiring the Client’s authorization.
It is specified that, in the course of performing their services, third parties have only limited access to the data and are contractually obligated to use it in accordance with the provisions of applicable legislation regarding the protection of personal data.
Except in the cases set forth above, the Voice-Over Artist agrees not to sell, rent, transfer, or grant access to the data to third parties without the Client’s prior consent, unless compelled to do so for a legitimate reason (legal obligation, combating fraud or abuse, exercising the right of defense, etc.).
10.5. Transfers Outside the European Union
In the event that some of the recipients of the collected personal data are located outside the European Union, the Customer will be informed, and safeguards will be put in place to ensure an adequate level of protection for personal data, in accordance with the requirements of the GDPR.
10.6. Customer Rights
In accordance with applicable laws and regulations, in particular the amended French Data Protection Act No. 78-17 of January 6, 1978, and European Regulation No. 2016/679/EU of April 27, 2016, the Customer has the following rights:
Right of access: to obtain confirmation that data concerning them is being processed and to obtain a copy thereof,
Right to rectification: to have inaccurate or incomplete data corrected,
Right to data portability: to receive their data in a structured and commonly used format,
Right to erasure (“right to be forgotten”): to have their data erased in certain cases,
Right to restriction of processing: to have the processing of their data restricted in certain cases,
Right to object: to object, on legitimate grounds, to the processing of your data.
The Customer may, subject to providing valid proof of identity, exercise their rights by contacting Cécile HEREDIA via email at the following address: cecileheredia@gmail.com.
The Voice Actress undertakes to respond to any request within a maximum of one month from receipt of the request.
For any further information or complaints, the Client may contact the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés; more information at www.cnil.fr).
10.7. Right to Object to Marketing Communications
In the event that the Customer does not wish to receive promotional messages and invitations via email, SMS, phone calls, or postal mail, the Customer may indicate this preference when finalizing their order, modify their preference by contacting the Voice-Over Artist under the conditions mentioned above, or use the unsubscribe links provided in the messages.
Article 11 – Force Majeure
The Voice Actress shall not be held liable if the failure to perform or the delay in performing any of her obligations described in these General Terms and Conditions of Sale results from a force majeure event.
In this context, force majeure refers to any external, unforeseeable, and unavoidable event within the meaning of Article 1218 of the Civil Code.
Article 12 – Governing Law and Jurisdiction
12.1. Governing Law
These General Terms and Conditions of Sale and all relationships between the Voice Actress and the Client are governed by French law.
12.2. Competent Court
In the event of a dispute regarding the interpretation or performance of these General Terms and Conditions of Sale, the parties agree to seek an amicable resolution before taking any legal action.
If no amicable resolution is reached, the competent court shall be that of the defendant’s place of residence.
Article 1 – Purpose
Ms. Cécile HEREDIA, born on November 22, 1983, in Paris 75015, a French national, working as an actress, voice artist, and professional voice-over artist, registered under SIRET number 75185932300030, with its registered office located at MONTALBO 20130 CARGESE, France (hereinafter referred to as “the Voice-Over Actress”) provides voice acting services and voice identity development to professional clients or individuals (hereinafter the “Client”).
These Terms and Conditions apply to all services provided by the Voice-Over Artist to the Client and set forth the rights and obligations of each party. The Client acknowledges having read and agrees to these Terms and Conditions, which are available on the Voice-Over Artist’s website and via this link, and which govern the business relationship even if a quote has not been signed.
The Client’s order for services from the Voice-Over Artist implies and constitutes the Client’s unconditional acceptance of these general terms and conditions of service. These terms and conditions shall prevail over any prior terms and conditions, as well as over any terms and conditions of purchase that the Client may apply. The only exceptions to these terms and conditions are any special terms that may have been agreed upon between the Voice-Over Artist and the Client.
Article 2 – Pricing
For any request for services, the Voice-Over Artist will prepare a quote (hereinafter the “Quote”) containing a pricing proposal valid for one (1) month from the date the Quote is sent or presented to the Client. The rates indicated are firm and non-negotiable throughout the validity period of this initial Quote. After this period, they are subject to change, and a new Quote may be prepared by the Voice-Over Artist, if necessary.
All prices are quoted in euros and exclude taxes; VAT at the standard rate in effect at the time of invoicing for the service will be added. The prices for services offered by the Voice-Over Artist are those in effect on the date the Client places the order, as stated in the Quote. Any service not included in the initial Quote will be subject to a supplementary Quote.
The Quote is considered accepted upon receipt by the Voice-Over Artist of the document dated and signed by the Client. It is expressly agreed that the Client’s return of the signed Quote constitutes the Client’s unconditional acceptance of and agreement to the terms of the Quote, the rates indicated, and these general terms and conditions of service. Once accepted, the Quote is final and non-negotiable.
Article 3 – Terms of Payment
Payment Terms: Invoices issued by Comédienne Voix Off are payable by the Client within thirty (30) days of the invoice date, in full, without discount.
Payment of invoices must be made exclusively by bank transfer to the account specified by Comédienne Voix Off.
Any delay in payment shall automatically and without prior notice result in the application of late payment penalties calculated in accordance with the provisions of Article L. 441-10 of the French Commercial Code. The penalty rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus five (5) basis points.
Late payment penalties are calculated based on the total amount due, including all taxes, and accrue starting from the day following the due date indicated on the invoice.
In addition to late payment penalties, any delay in payment shall also automatically give rise to the payment of a fixed compensation fee for collection costs in the amount of forty (40), in accordance with Article D. 441-5 of the Commercial Code. This compensation is due without prejudice to any other compensation that the Voice-Over Actress may claim, under the conditions of general law, in the event of additional damages resulting from the late payment.
Article 4 – Termination Clause
In the event of failure by the Client to pay the amounts due within fifteen (15) days following the implementation of Article 3 – “Terms of Payment,” the Voice-Over Artist reserves the right to suspend or terminate her ongoing services, without prejudice to her right to seek compensation for any damages incurred.
Article 5 – Intellectual Property
The services provided by the Voice-Over Artist to the Client are protected by the neighboring rights of performers as defined by the Intellectual Property Code. The Voice-Over Artist declares that she has ensured she holds all rights relating to the materials used in connection with the services commissioned by the Client.
The Client, for its part, declares that it has ensured it holds all rights relating to any materials it may provide to the Voice-Over Artist.
Failing that, each party shall indemnify the other and assume all liability for any resulting consequences, and shall hold the other party harmless from any claims. Consequently, the defaulting party shall be liable for all damages and interest to which the other party may be ordered to pay as a result of an act of infringement, unfair competition, or free-riding, as well as all costs and fees of any kind incurred by the other party in its defense, if applicable.
5.1. Terms of Use
The Client expressly agrees not to use all or any part of the Voice-Over Artist’s recording or performance for any purpose other than those specified in the Quote signed by the parties, including, but not limited to, the creation of synthetic voices or for the machine learning of generative artificial intelligence systems.
In particular, the Client must not use any recording or performance by the Voice-Over Artist to simulate her voice or appearance, or to create a “digital double” voice or appearance representing her.
The Client specifically agrees not to sell or transfer ownership of all or part of the recordings or the Voice-Over Artist’s performance to a third party without her prior written consent.
The Client agrees not to enter into any agreements or contracts on behalf of the Voice-Over Artist that use all or part of the recordings or the performance without her prior written consent.
The Client agrees that any recording or performance stored in digital format will be stored securely so that unauthorized third parties cannot access the files containing the Voice-Over Artist’s voice or likeness. When such files are stored in a “Cloud” space, the Client agrees to protect them through encryption or other appropriate and up-to-date technological means.
The Voice-Over Artist’s name shall be systematically credited by the Client and shall appear on or in connection with the work created for the Client, unless the Voice-Over Artist expressly waives this right in writing.
5.2. Retention of Title
All services ordered by the Client remain the full and exclusive property of the Voice-Over Artist until the invoices issued by the Voice-Over Artist have been paid in full by the Client.
5.3. Assignment of Economic Rights
In exchange for payment of all amounts due, the Voice-Over Artist assigns to the Client her economic rights as a performing artist in the works she has created for the Client, under the following conditions:
The license is granted solely for the purpose and use agreed upon at the time the Quote was signed and as specified therein. Any adaptation or use for any other purpose or use is prohibited unless prior written authorization is obtained from the Voice-Over Artist, in which case additional compensation shall be negotiated between the Parties.
The transfer is granted for the territory specified in the Quote. Any use in another territory requires the prior written consent of the Voice-Over Actress and shall give rise to additional compensation. The transfer is granted for the entire duration of the neighboring rights pertaining to the works recognized under French law, subject to any time limit specified in the Quote.
5.4. Terms of the Assignment
The performer’s neighboring rights in preliminary drafts, demos, proposals, and working materials that the Voice-Over Artist may have developed in connection with the project or negotiations are not assigned to the Client and remain the exclusive property of the Voice-Over Artist, whether or not the project is finalized.
Only the economic rights relating to the services identified in the Quote, ordered and paid for by the Client, are transferred. The economic rights thus transferred include the right of fixation, reproduction, and performance, within the limits of the purpose, territory, and duration defined in Article 5.3 herein:
Right of fixation: any recording made from the voice-over artist’s live performance in connection with the services commissioned by the Client. Right of reproduction: the direct or indirect reproduction, by any known or unknown technical process, current or future, on any medium and on any private or public telecommunications network, national or international (in particular the internet, extranet, intranet), of all or part of the works created by the Voice-Over Actress in connection with the services commissioned by the Client. Right of performance: the right to perform, make available, broadcast, or communicate to the public, directly or indirectly, all or part of the works, by any means known or unknown, current or future, for any use and in unlimited quantities.
The Voice-Over Actress assigns the aforementioned economic rights to the Client, who may exploit them for commercial, advertising, and promotional purposes, within the limits defined in this article.
5.5. Moral Rights
The Voice Actress’s moral rights, including the right to respect for her name, her status as a performing artist, and her performance, remain inalienable and imprescriptible.
Article 6 – Liability
The information provided by the Client is binding on the Client: in the event of an error or inaccuracy, the Voice-Over Actress shall not be held liable, and any resulting additional costs shall be borne by the Client.
The obligations imposed on the Voice-Over Actress are obligations of means.
The Voice-Over Artist shall in no event be held liable for the commercial success or failure of the projects she has developed for the Client or for the financial consequences thereof for the Client, the latter expressly acknowledging that payment for the Voice-Over Artist’s services is due regardless of the commercial success of the project.
In any event, the Voice-Over Artist shall not be held liable for:
Indirect damages, including loss of revenue, loss of customers, loss of business opportunities, business disruption, or loss of profits;
Delays or failures to perform resulting from a force majeure event as defined by French case law;
The Client’s use of the services in violation of the provisions of this contract, particularly in the event of use beyond the authorized scope;
Claims by third parties related to the Client’s use of the services.
Any complaint regarding the quality or conformity of the services must be made in writing within 2 days of delivery. After this period, the services shall be deemed to be in conformity and accepted without reservation.
Article 7 – Right of Publicity
Unless the Client expressly states otherwise in writing, the Voice Actress has the right to cite the Client as a reference.
The Voice Actress also reserves the right to reuse, adapt, and modify all or part of the services provided to the Client for the purposes of her business development and external communications, including on her website, social media, and portfolio, in accordance with industry standards and in strict compliance with the Client’s rights regarding their image, brand, and the image of their members.
If the Client wishes to keep their collaboration with the Voice-Over Artist confidential, they must inform the Voice-Over Artist in writing at the time of the order or, at the latest, upon delivery of the service. In this case, the Voice-Over Artist agrees not to make any public mention of the project.
Article 8 – Term
The contract between the Client and the Voice-Over Artist is entered into for the term specified in the Quote. This term is fixed and is not automatically renewable.
The Client agrees to use its best efforts to provide, upon request by the Voice-Over Artist, any information in its possession necessary for the proper performance of the services, as well as any factors that may affect the schedule for their completion.
In the event that the Client fails to respond within 15 days following a request from the Voice-Over Artist sent by registered mail with return receipt requested, the Voice-Over Artist reserves the right to terminate the service contract as of right and to invoice the Client for the work already performed, without prejudice to any potential compensation for any other damages resulting directly from the Client’s conduct.
In the event that it is physically and/or technically impossible to perform the service, the Voice-Over Artist and the Client agree to notify the other party as soon as possible so that the date of the service can be rescheduled for a later date under the best possible conditions.
However, if the cancellation is attributable to the Client or if the postponement is impossible due to the Client, the amount paid as a deposit shall be retained by the Voice-Over Artist, without prejudice to any compensation for other damages directly resulting from the Client’s actions, and the Voice-Over Artist further reserves the right to invoice the Client for work already performed.
In the event that the cancellation is attributable to the Voice-Over Artist, the latter shall refund the deposit paid by the Client.
9.1. Delivery Terms
Services are delivered free of charge via internet download and/or email to the address provided by the Client at the time of ordering.
Files are delivered in WAV or MP3 format, in accordance with the Client’s choice as indicated in the Quote. Any other desired format must be specified at the time of ordering and indicated in the Quote.
9.2. Electronic Delivery
The female voice-over artist accepts no liability if the Client does not receive emails sent to them (particularly in cases where anti-spam software, computer issues, and/or internet access problems prevent the receipt of emails).
It is the Client’s responsibility to regularly check their inbox, including their spam folder, and to report any delivery issues immediately.
If electronic delivery cannot be ensured, the Voice-Over Actress and the Client agree to notify the other Party as soon as possible in order to arrange for a postal shipment at the Client’s expense, on a digital medium (CD-ROM, DVD-ROM, floppy disk, USB drive, flash drive, or any other appropriate medium) in the form of a WAV audio file or, upon request, an MP3 file (or another format to be specified at the time of the order).
Postage and shipping costs, as well as costs for physical media, will be billed to the Client in addition to the service fee.
The Client has two days from the date of delivery to submit any comments or requests for minor changes (including pronunciation corrections and adjustments to the rhythm). After this period, the service will be deemed to have been accepted without reservation. Any request for substantial changes (including changes to the text, tone, artistic direction, etc.) will be considered a new order and billed accordingly.
9.3. Return of Materials
Upon completion of the service or in the event of early termination, the Voice Actress agrees to return to the Client any working documents provided during the course of the service, as well as the completed materials.
The Voice Actress agrees to retain a technical copy of the project for a period of 6 months from the date of delivery, after which the Client may no longer request a copy, subject to loss due to force majeure as defined by French case law.
Article 10 – Personal Data
10.1. Role as Data Controller
When Comédienne Voix Off processes its clients’ personal data and determines the purposes and means of such processing, it acts as the data controller in accordance with applicable regulations, notably the General Data Protection Regulation (GDPR) No. 2016/679 of April 27, 2016, and the amended Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties.
10.2. Data Collected and Purposes
In this capacity, the Voice-Over Artist informs the Client that the personal information it collects through the Quote (namely last name, first name, date of birth, mailing address, phone number, email address, bank details, etc.) is stored in its client database and is primarily used for the following purposes:
The proper management of commercial relations with the Client;
The processing and tracking of orders;
Billing and accounting;
The sending of commercial information.
10.3. Retention Period
The personal information collected will be retained for as long as necessary to fulfill the purposes for which it is processed.
After these periods, the data will be deleted or anonymized, unless:
A longer retention period is authorized or required by law or regulation;
The Customer has exercised, under the conditions set forth below, one of the rights granted to them by law.
10.4. Recipients of the Data
Access to personal data is strictly limited to employees and agents of La Comédienne Voix Off who are authorized to process such data by virtue of their duties.
The information collected may be disclosed to third parties contractually bound to Comédienne Voix Off for the performance of outsourced tasks necessary for order management (including: data hosting, payment services, accounting services), without requiring the Client’s authorization.
It is specified that, in the course of performing their services, third parties have only limited access to the data and are contractually obligated to use it in accordance with the provisions of applicable legislation regarding the protection of personal data.
Except in the cases set forth above, the Voice-Over Artist agrees not to sell, rent, transfer, or grant access to the data to third parties without the Client’s prior consent, unless compelled to do so for a legitimate reason (legal obligation, combating fraud or abuse, exercising the right of defense, etc.).
10.5. Transfers Outside the European Union
In the event that some of the recipients of the collected personal data are located outside the European Union, the Customer will be informed, and safeguards will be put in place to ensure an adequate level of protection for personal data, in accordance with the requirements of the GDPR.
10.6. Customer Rights
In accordance with applicable laws and regulations, in particular the amended French Data Protection Act No. 78-17 of January 6, 1978, and European Regulation No. 2016/679/EU of April 27, 2016, the Customer has the following rights:
Right of access: to obtain confirmation that data concerning them is being processed and to obtain a copy thereof,
Right to rectification: to have inaccurate or incomplete data corrected,
Right to data portability: to receive their data in a structured and commonly used format,
Right to erasure (“right to be forgotten”): to have their data erased in certain cases,
Right to restriction of processing: to have the processing of their data restricted in certain cases,
Right to object: to object, on legitimate grounds, to the processing of your data.
The Customer may, subject to providing valid proof of identity, exercise their rights by contacting Cécile HEREDIA via email at the following address: cecileheredia@gmail.com.
The Voice Actress undertakes to respond to any request within a maximum of one month from receipt of the request.
For any further information or complaints, the Client may contact the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés; more information at www.cnil.fr).
10.7. Right to Object to Marketing Communications
In the event that the Customer does not wish to receive promotional messages and invitations via email, SMS, phone calls, or postal mail, the Customer may indicate this preference when finalizing their order, modify their preference by contacting the Voice-Over Artist under the conditions mentioned above, or use the unsubscribe links provided in the messages.
Article 11 – Force Majeure
The Voice Actress shall not be held liable if the failure to perform or the delay in performing any of her obligations described in these General Terms and Conditions of Sale results from a force majeure event.
In this context, force majeure refers to any external, unforeseeable, and unavoidable event within the meaning of Article 1218 of the Civil Code.
Article 12 – Governing Law and Jurisdiction
12.1. Governing Law
These General Terms and Conditions of Sale and all relationships between the Voice Actress and the Client are governed by French law.
12.2. Competent Court
In the event of a dispute regarding the interpretation or performance of these General Terms and Conditions of Sale, the parties agree to seek an amicable resolution before taking any legal action.
If no amicable resolution is reached, the competent court shall be that of the defendant’s place of residence.