General Terms and Conditions of Sale — Video editing

1. Purpose and provider

These terms govern the supply of video editing services by Fox Rider, a SASU with share capital of 500 €, SIRET 10526527600011, VAT FR21105265276, whose registered office is at 38 rue des Mathurins, 75008 Paris. Contact: head@fox-rider.com · 07 60 98 21 91.

This is a supply of services, separate both from the equipment hire business (governed by the General Terms and Conditions of Hire) and from the photo printing service (governed by its own terms of sale). Neither of those two agreements applies to video editing.

2. Scope of the service

Fox Rider produces a video edit from the rushes supplied by the customer. The edit is made by an editor, according to the configuration the customer chooses when ordering and the brief they write.

The edit delivered is made up of the footage supplied by the customer: no sequence is fabricated or replaced. The only additions are the music and, if the customer chooses them, animated titles, an animated logo and a thumbnail.

The following are included in the price, at the customer’s choice:

• the destination network: Instagram Reels, Instagram (feed), TikTok, YouTube, YouTube Shorts, Facebook, LinkedIn or keepsake film;
• the main format of the video: vertical 9:16, landscape 16:9, square 1:1 or portrait 4:5;
• for a video of up to 3 minutes, additional formats from the same list;
• the colour look: natural, warm, cool, cinema, black and white, film / vintage or pastel;
• the mood: energetic / sport, fun / quirky, emotional / keepsake, epic / adventure, chill / lifestyle, elegant / premium or professional / corporate;
• the level of effects: understated, dynamic or heavy;
• grading: basic (colour, exposure), or advanced shot by shot;
• animated titles, an animated logo and a thumbnail;
• subtitles;
• for a video of 5 minutes or more, short clips taken from the video;
• the music: royalty-free, or supplied by the customer.

Every edit also includes:

• editing of the sequences supplied, from logging the rushes to export;
• audio correction (levels, hiss, joins);
• 2 revisions (article 9);
• delivery within 7 days of receipt of the rushes (article 5);
• delivery of an MP4 file, at a resolution between 1080p and 4K depending on the quality of the rushes supplied;
• the file being made available for 30 days (article 10).

Royalty-free music is chosen by the editor to suit the selected mood. The customer may instead supply their own music, at no extra charge: they then warrant that they hold the rights to it (article 4), and Fox Rider does not guarantee that a distribution platform will not block its publication or mute its sound.

The following are excluded, save with prior written agreement: any other bespoke graphic design, original music composition, filming, and the acquisition of rights to any music or images that come neither from the customer nor from a royalty-free library.

3. Orders and prices

The price depends on the length of the video delivered, in fixed tiers ranging from a video of up to 60 s to a video of up to 60 minutes, according to the scale published on the service page and displayed before payment. Each tier covers a delivered video up to the length stated; a video longer than the last tier requires a specific quotation. Prices are stated in euros inclusive of all taxes, with VAT at the standard rate; the amount excluding tax is shown alongside.

The choices described in article 2 are all included in that price: none of them is charged as an extra.

When ordering, the customer chooses the volume of rushes they are sending, at most, from 30 minutes to 10 hours. Each tier includes a volume of rushes; beyond it, a surcharge is payable for each hour of rushes begun, according to the scale displayed before payment, and is added to the price of the tier. Beyond 10 hours of rushes, the edit requires a specific quotation. The volume chosen is a maximum: no refund is due if the customer sends fewer rushes.

On receipt, Fox Rider checks the volume of the rushes sent. If it exceeds the volume paid for by more than 15 minutes, Fox Rider offers the customer the choice between paying a top-up, calculated at the hourly rate of their order for each hour of rushes begun beyond the volume paid for and giving rise to a supplementary invoice, or sending a selection of rushes that matches the volume paid for; beyond 10 hours of rushes, the customer is offered a specific quotation.

The total price is calculated by Fox Rider from the configuration chosen and displayed before payment. Payment is made in full when ordering, by bank card through Revolut, with no account creation. An invoice is issued when payment is taken and sent on request.

No promotional code and no gift voucher may be applied to editing services.

4. Rushes entrusted to us

The customer transfers their source files (“rushes”) by providing, when ordering, a download link to a service of their choice (WeTransfer, Google Drive, Dropbox or equivalent). No video file passes through the fox-rider.com site.

The customer warrants that they hold all the rights required over the content transferred (images, sound, music, rights of the persons filmed) and that it does not breach any legal provision. Fox Rider exercises no prior editorial control and reserves the right to refuse, subject to a full refund, any manifestly unlawful content.

The customer keeps their own copy of the rushes. The files entrusted to us are not unique originals and Fox Rider is not a bailee of them within the meaning of articles 1915 et seq. of the Code civil (French Civil Code).

5. Turnaround time

The edit is delivered within 7 days from the actual receipt of rushes matching the volume paid for (article 3), and not from the date of payment. Where a top-up is requested, that time limit runs from its payment or from receipt of a matching selection. That starting point is the one shown on the customer’s tracking page.

For a video of up to 10 minutes, the customer may request faster delivery when ordering, at no extra charge, within 72 hours or 48 hours. Such a request is met subject to the studio’s availability and is not guaranteed: only the 7-day time limit set out above is binding on Fox Rider.

A link that has expired, is incomplete or unreadable, or is protected by a password that has not been provided suspends the time limit until the files are actually made available. The time taken by the customer to approve the edit or to formulate their revision request is not counted within that time limit.

6. Right of withdrawal

In principle, the consumer has fourteen days in which to withdraw from a contract concluded at a distance (article L. 221-18 of the Code de la consommation, the French Consumer Code).

Because delivery is promised within 7 days, performance necessarily begins before that period expires. Accordingly, and in accordance with articles L. 221-25 and L. 221-28 1° of the Code de la consommation (French Consumer Code), the customer expressly requests, by ticking the dedicated box before payment, that the service begin immediately, and expressly waives their right of withdrawal once the service has been fully performed. That box is separate from acceptance of these terms.

As long as the edit has not been delivered, a customer who withdraws owes the price corresponding to the work already carried out, the balance being refunded to them.

The customer may exercise this right using the online withdrawal function “Withdraw from contract here”, available at all times from the footer of every page of the website (fox-rider.com/retractation) and from the edit tracking page, or by any unambiguous statement sent to head@fox-rider.com. When the online function is used, an acknowledgement of receipt setting out the content of the statement and the date and time of its submission is sent to them without delay by email.

7. Rights in the edit

The customer remains the owner of all rights in the rushes they have supplied.

As from payment of the price in full, Fox Rider assigns to the customer the economic rights it holds in the edit produced — reproduction, communication to the public and adaptation rights — worldwide and for the statutory term of protection, on any medium and for any use, including commercial use. The edit delivered may be freely distributed by the customer.

Fox Rider retains no exploitation right in the edit. It may, however, show a short extract of it as a demonstration of its craft, only if the customer has ticked the corresponding box when ordering. That authorisation is optional, is never pre-ticked, and may be withdrawn at any time on request.

8. Liability

Fox Rider is under an obligation of means (best endeavours) as regards the artistic result of the edit, which is by its nature a matter of subjective appreciation, and under an obligation of result as regards the delivery of a file matching the technical characteristics stated in article 2.

The quality of the edit depends directly on that of the rushes supplied. No complaint may be based on a defect present in the source files (blurred image, distorted sound, insufficient resolution, missing sequences).

Save in cases of gross negligence or wilful misconduct, Fox Rider’s liability in respect of an editing service is limited to the price actually paid for that service. Fox Rider is not liable for the loss of the rushes entrusted to it, of which the customer keeps the reference copy (article 4), nor for indirect loss such as loss of business or loss of profit.

9. Revisions and complaints

Every edit includes 2 revisions, to be requested from the tracking page within 30 days of delivery. A revision means adjustments to the edit delivered — reworking cuts, replacing a shot, correcting pacing, reworking a title or a sound level. It does not cover a complete re-edit, a change of creative approach or the inclusion of new rushes, which constitute a new service.

Within the same period, the customer may request further revisions. They are free of charge and granted case by case by the studio.

A revision is deemed used on redelivery of the corrected edit: asking a question or requesting a clarification does not use it up.

Exchanges relating to an order take place on the tracking page, which the customer can access using the link provided to them.

10. Retention of the file

The edit delivered remains available for download for 30 days from its delivery. After that period, the file is removed and the download link stops working; the tracking page then states the removal date explicitly.

It is for the customer to download and keep their edit before that period expires. Fox Rider gives no guarantee that it can be provided again afterwards, as reconstructing the file is not always possible.

11. Personal data

The data collected when ordering (name, e-mail address, telephone, brief, rushes link) is processed in order to perform the contract and to keep the accounts. It is neither sold nor rented out. The customer has rights of access, rectification, erasure, restriction and portability, which they may exercise at head@fox-rider.com. The site’s privacy policy supplements this article.

12. Governing law and mediation

These terms are subject to French law. In the event of a disagreement, the customer contacts Fox Rider first at head@fox-rider.com.

Failing a solution, the consumer may refer the matter free of charge to the consumer ombudsman to which Fox Rider is affiliated: MEDICYS, 73 boulevard de Clichy, 75009 Paris — www.medicys.fr.