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ARTICLE 1 – GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTC) govern the contractual relationship between Digital Surfing, a digital communications agency, and its professional and individual clients for the provision of content creation, digital strategy, social media management, and any related services.

Any request for service, consultation or signing of contract implies full and complete acceptance of these T&Cs.

 

ARTICLE 2 – PURPOSE OF SERVICES

Digital Surfing offers a range of services including, but not limited to:

• Customised digital expertise

• Impactful content creation

• Social media management

 

The specific details of each service will be defined in a separate quote or contract.

 

ARTICLE 3 – ORDER AND ACCEPTANCE

Any order placed by the client implies acceptance of these GTC. The order will be validated once the quote is signed or after receipt of a purchase order accompanied by a deposit payment. Digital Surfing reserves the right to refuse an order if the conditions necessary for its successful completion are not met.

 

ARTICLE 4 – PRICES AND PAYMENT TERMS

Prices are expressed in euros, excluding taxes, and are specified in the quote or contract signed between the parties.

Unless otherwise agreed, payments are made according to the following terms:

• 50% deposit upon signing the contract,

• 50% remaining upon delivery of the agreed content or services.

Any late payment will result in late payment penalties in accordance with applicable legislation, as well as the possible suspension of the current service.

The delivered content remains the exclusive property of Digital Surfing until full payment has been received.

 

ARTICLE 5 – DELIVERY TIMES

Delivery times are provided for informational purposes only. Digital Surfing will endeavor to meet the announced deadlines, subject to timely receipt of the necessary elements for the service. Any delay caused by the client (non-delivery of content, late modifications, approval delays) will result in delayed delivery times.

 

ARTICLE 6 – USE OF MODELS' OR PARTICIPANTS' IMAGES

When creating visual or video content, if a model or a member of the Digital Surfing team appears in a project intended for the client, their image is used non-exclusively by default.

If the client wishes to prevent further use of this image by competing brands, two options are available:

1. Image exclusivity buyout: A one-time payment allows the client to obtain exclusive use of the participant's image, within the framework defined by the contract. This buyout prohibits any reuse of this image for brands in the same industry or considered competitors.

2. Monthly model booking: The client can choose to book a specific model so that they do not appear in any other competing brand campaigns during the term of the contract. This involves the payment of a monthly fee, specified in the contract.

 

⚠️ No exclusivity clause will be applied without prior written agreement and full payment of the corresponding fees.

 

ARTICLE 7 – CLIENT OBLIGATIONS

The client undertakes to provide all information necessary for the proper performance of the services (texts, images, videos, access to social media accounts, etc.) within the agreed deadlines. Any delay in providing these elements may result in an extension of delivery times.

The client is responsible for the compliance of the elements provided, particularly with regard to copyright.

 

ARTICLE 8 – INTELLECTUAL PROPERTY

The content created by Digital Surfing (texts, images, videos, visuals, concepts, strategies, etc.) is protected by copyright. It remains the exclusive property of the agency until full payment for the service. Upon full payment, the client benefits from a non-exclusive, non-transferable right of use strictly limited to the uses specified in the contract or quote (for example: social media publication, website integration, internal distribution, etc.).

Any use outside of this scope (advertising, TV broadcasting, printing, resale, etc.) must be subject to prior written agreement and may result in additional invoicing.

If the client wishes a complete and exclusive assignment of intellectual property rights (copyright, reproduction, exploitation, adaptation rights, etc.), this assignment must be formalized by a specific contractual amendment and will result in additional invoicing.
 

By default, Digital Surfing reserves the right to use all or part of the creations for communication and promotional purposes (portfolio, website, social media, commercial presentations), unless the client explicitly refuses in writing before the start of the broadcast.

 

ARTICLE 9 – LIABILITY

Digital Surfing is committed to providing its services with professionalism.

However, the agency cannot be held responsible for unachieved results, loss of audience, or any indirect consequences related to the use of the services, particularly in the event of poor management or misuse of social media by the client. The client is solely responsible for the management of their social media and their actions on these platforms.

 

ARTICLE 10 – CANCELLATION OR TERMINATION

In the event of cancellation of the order before the start of the service, the deposit paid will be retained by Digital Surfing as compensation. If cancellation occurs after the project has started, the client is required to pay for all services already performed, even if they are not delivered.

In all cases, if more than 50% of the services stipulated in the contract have been performed by the agency, no refund will be issued, and the full amount stipulated in the contract may be charged.

Any request for early termination must be made in writing and accepted by both parties. Without mutual written approval, the order remains due under the terms originally agreed.

 

ARTICLE 11 – CONFIDENTIALITY

All information exchanged within the framework of projects is confidential.

Digital Surfing undertakes not to disclose this information to third parties, except in the event of a legal obligation or with the express authorization of the client.

 

ARTICLE 12 – FORCE MAJEURE

Digital Surfing cannot be held liable for a breach of its contractual obligations in the event of force majeure (pandemic, natural disasters, military conflicts, technical failures, etc.).

 

ARTICLE 13 – DISPUTES AND APPLICABLE LAW

These Terms and Conditions are subject to French law. In the event of a dispute, the parties will first seek an amicable solution. Failing this, the competent court shall be the one for the registered office of Digital Surfing.

 

ARTICLE 14 – CHANGES TO THE T&Cs Digital Surfing reserves the right to modify these Terms and Conditions at any time.

The applicable Terms and Conditions are those in effect on the date of the order. Any updated version will be published on the agency's official website.