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General terms and conditions of service

This is a courtesy translation. Only the French version is legally binding; in the event of any discrepancy, the French text prevails. The provisions below refer to French law, which governs the contract.

These general terms and conditions govern the services provided by Théo Boullay, sole trader operating under the business name Molow, SIREN 108 815 051, whose registered office is at Résidence Jardin d'Auguste, bâtiment Aventin B, 565 rue Albert Einaudi, 83600 Fréjus, France — hereinafter "the Provider". The person ordering a service is hereinafter referred to as "the Client".

Article 1 — Purpose and scope

The Provider delivers photography, video, website creation, visual identity and social media management services.

These terms apply to any service accepted by the Client. Under article L441-1 of the French Commercial Code, they constitute the sole basis of the commercial negotiation. They prevail over the Client's own purchasing terms, unless both parties agree otherwise in writing. The Client acknowledges having read them before ordering.

Article 2 — Quotation and formation of the contract

Each service is the subject of a detailed quotation, valid for thirty days from its issue. The contract is formed when the Provider receives the quotation dated, signed and marked "bon pour accord", or an unambiguous written acceptance by email.

Any change to the scope after agreement — additional deliverables, change of format, extra session — is the subject of a priced amendment, accepted in the same manner. The accepted quotation and these terms together form the entire contract; in the event of conflict, the quotation prevails.

Article 3 — Right of withdrawal

This article applies where the contract is concluded at a distance or away from business premises, and the Client is:

  • a consumer, meaning a natural person acting for purposes outside their professional activity;
  • or a professional falling within article L221-3 of the French Consumer Code: where the subject of the contract falls outside the scope of their main activity and they employ five employees or fewer. A communication service ordered by a company whose trade this is not frequently falls into this category.

The Client then has fourteen days from the conclusion of the contract to withdraw, without having to give reasons. Notice is given by an unambiguous statement sent to contact@molow-com.fr or to the registered office address.

Performance before the end of the period. If the Client wishes the service to begin before the fourteen days have elapsed, they must expressly request it. They then acknowledge, under article L221-25 of the French Consumer Code, that the right of withdrawal will be lost once the service has been fully performed. If they withdraw after performance has begun, they pay an amount corresponding to what has been supplied up to the notification, in proportion to the agreed price.

Sums due are refunded within fourteen days of notice of withdrawal, using the same means of payment as the Client used.

This right does not benefit a professional Client falling outside article L221-3 above.

Article 4 — Prices

Prices are expressed in euros and set by the quotation. They cover the deliverables listed therein, and nothing else.

Applicable VAT regime: [TO BE COMPLETED].

Unless the quotation states otherwise, travel beyond 50 km from the registered office, the hire of locations or specific equipment, model fees and third-party content licences (music, typefaces, stock imagery) are re-invoiced to the Client against receipts.

Article 5 — Payment terms

Unless the quotation provides otherwise: a deposit of 30 % is due on order and is a condition of work starting; the balance falls due on delivery, at thirty days from the invoice date.

Recurring services — social media management, monthly retainers — are invoiced monthly and payable on the due date. Payment is made by bank transfer.

Article 6 — Late payment

Any sum unpaid on its due date automatically bears late payment interest, without prior formal notice, at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points.

For any professional Client, a fixed recovery indemnity of 40 euros is added, under articles L441-10 and D441-5 of the French Commercial Code. Where recovery costs actually incurred exceed that amount, additional compensation may be claimed against receipts.

In the event of late payment, the Provider may suspend work in progress after a reminder has gone unanswered for fifteen days, without that suspension giving rise to any compensation. The assignment of rights provided for in article 10 remains suspended until payment in full.

Article 7 — Deadlines and performance

Stated deadlines are indicative and run from the later of the following two events: receipt of the deposit, and receipt of all the materials the Client is required to supply. A reasonable delay gives rise to no cancellation, withholding or damages.

The Provider is bound by an obligation of means. The Provider retains freedom over technical and aesthetic choices, within the agreed brief.

Article 8 — Approvals and revisions

Unless the quotation states otherwise, each deliverable carries two rounds of revisions. Requests beyond that number, or requests that reopen a direction already approved, are invoiced separately at the current hourly rate.

If the Client does not respond within ten working days of a deliverable being sent for approval, it is deemed accepted and the corresponding invoice falls due.

Article 9 — Client's obligations

The Client supplies, in good time, the materials needed for the service — copy, logotypes, access credentials, content, information — and warrants their accuracy. The Client warrants that they hold all rights in the materials they provide and indemnifies the Provider against any third-party claim in that respect.

The Client appoints a single contact authorised to approve. Prolonged unavailability of that contact suspends the deadlines accordingly.

Article 10 — Copyright and assignment

The Provider remains the author of the works produced. Moral rights are inalienable: the Provider retains the right to respect for their name and their work.

Under article L131-3 of the French Intellectual Property Code, the quotation states the extent of the assignment granted: the rights assigned (reproduction, communication to the public), the media and purpose, the territory and the duration. Where the quotation is silent, the assignment is non-exclusive, for the Client's own communication only, on all digital and printed media, worldwide, for a term of three years from delivery.

Any use beyond that scope — resale, assignment to a third party, paid advertising campaign, use beyond the agreed term — requires prior written authorisation and gives rise to separate remuneration.

The assignment takes effect only upon payment of the price in full. Working files (retouching source files, editing projects, graphic design files, source code not delivered) are not included in the assignment unless the quotation expressly says so.

Article 11 — Image rights and permissions

Where the service features identifiable people, their written permission is required. Unless the quotation states otherwise, it is for the Client to obtain those permissions and pass them to the Provider before publication. Where the quotation places casting with the Provider, the Provider obtains the models' releases and provides the Client with a copy.

It is likewise for the Client to obtain the permissions needed to film or photograph on private premises, together with any administrative authorisations.

Article 12 — References

Unless the Client objects in writing, the Provider may cite the Client's name and present the work produced as a reference, on the Provider's website, portfolio and social media. That right covers only material made public by the Client or whose publication has been agreed.

Article 13 — Cancellation and postponement

If the Client cancels after the contract is formed, and subject to article 3, the deposit remains the Provider's and work already carried out is due in proportion to its progress.

Postponement of a shoot requested less than forty-eight hours before the agreed date gives rise to invoicing of costs already incurred (bookings, models, hired equipment). A postponement made necessary by weather conditions incompatible with an outdoor shoot, or by force majeure, incurs no charge: a new date is agreed between the parties.

Article 14 — Liability

The Provider's liability may be engaged only in the event of proven fault and is limited to direct damage. It is in any event capped at the amount excluding tax actually paid by the Client for the service concerned. That limitation does not apply in the event of personal injury, gross negligence or wilful misconduct, nor where the law forbids it.

The Provider is not liable for content supplied by the Client, nor for the consequences of publication decided by the Client without the required permissions, nor for the unavailability of third-party services (hosting, platforms, social networks).

Professional indemnity insurance: [TO BE COMPLETED].

Article 15 — Force majeure

Neither party may be held liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. Performance is suspended for the duration of the impediment; if it exceeds two months, either party may terminate the contract, services already rendered remaining payable.

Article 16 — Complaints and mediation

Any complaint should be addressed to contact@molow-com.fr. The Provider undertakes to reply within fifteen days.

Under article L612-1 of the French Consumer Code, a consumer Client may refer the matter free of charge to a consumer mediator with a view to settling a dispute amicably, having first attempted to resolve it directly with the Provider. The appointed mediator is: [TO BE COMPLETED].

Article 17 — Personal data

Data collected in the course of the commercial relationship is processed as described in the site's privacy policy.

Article 18 — Governing law and jurisdiction

These terms are governed by French law.

Failing an amicable settlement, and where the Client is a professional, any dispute falls within the exclusive jurisdiction of the courts of the Provider's registered office, including where there are several defendants or a third-party claim. Where the Client is a consumer, the statutory rules of jurisdiction apply.

Article 19 — Amendment

The Provider may amend these terms at any time. The version applicable to a given service is the one in force on the date the quotation was accepted.

Last updated: 17 September 2026.

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