I. PREAMBLE – SCOPE OF THE AGREEMENT
DOC SERVICES is the organiser of the leading international professional event for documentary film in France, hereinafter referred to as "Sunny Side of the Doc" or "Market”, which takes place in La Rochelle. Sunny Side of the Doc aims to promote meetings between professionals in the audio-visual documentary industry, by facilitating the financing of co-productions, notably through a call for projects leading to several pitching sessions, as well as the distribution of completed programmes. Sunny Side of the Doc provides various services for the benefit of registered participants only, hereinafter referred to as "Participants". Participants’ access to these services is conditional upon full compliance with the terms and conditions set out below, as well as those specific to each service. It is explicitly reminded that Sunny Side of the Doc is not bound to any obligation of performance, with regard to media attention or commercial spin-offs hoped for by the Participants. This non-liability also applies to the various programmes and services offered by Sunny Side of the Doc.
The present terms and conditions constitute the sole base of the commercial relationship between parties according to article L441-1 of French Commercial Code.
They apply absolutely and unconditionally to all Services supplied by the Provider to the Clients in the same category notwithstanding all terms appearing on the Clients’ documentation, including their terms of sale.
Should DOC SERVICES fail to invoke any of the clauses of the general terms at a given time, this shall not be construed as a waiver of the right to cite it later.
II. CONDITIONS FOR ACCREDITATION
a. Accreditation to Sunny Side of the Doc is open, subject to what is mentioned in Article III below, to representatives and employees (hereinafter collectively referred to as "Participants") of:
- Companies whose main activity is the production, distribution, financing and international exhibition of documentary films,
- Companies providing services related to the activities set out above,
- Institutions, associations, councils and professional bodies whose main purpose is related to the documentary film industry,
- Independent professionals meeting the above criteria will also be eligible to enter the Sunny Side of the Doc on an exceptional basis.
- Higher education students following a course of study related to the sector of activity.
b. Companies and independent professionals registered with Sunny Side of the Doc expressly refrain from proposing, in any form whatsoever, the use of products or rights in violation of the provisions of the Intellectual Property Code relating to counterfeiting. Any violation of this obligation duly noted will result in the immediate application of the penalties provided for in Article 9.
c. Any company, institution, association, organisation or independent professional who applies on behalf of one or more third parties for accreditation to Sunny Side of the Doc, undertakes to transmit and make the beneficiaries accept the present terms and conditions and guarantees that these conditions be respected in full by the accredited third parties.
d. Sunny Side of the Doc is intended for professionals over the age of 18 and students of higher education. However, in the event that a Participant is a minor under the age of 18, exceptional waivers may be granted on a case-by-case basis, by agreement with the Participant’s educational institution.
Participants also undertake to act in full compliance with the conditions of accreditation set out in paragraph A) above and to communicate to DOC SERVICES, upon request, all useful information concerning the accreditation beneficiaries. In the event of non-compliance with this clause, the accreditations will be cancelled by operation of law, and all sums collected by DOC SERVICES within the scope of Sunny Side of the Doc will be retained. Furthermore, since accreditation to Sunny Side of the Doc is nominative and issued to a specific person, the purchase of accreditation with a view to resale is prohibited unless prior agreement has been reached with DOC SERVICES (SPONSORSHIP or DELEGATION), as well as any paid service offer aimed at facilitating obtaining an accreditation, subject to exclusion.
III. ACCREDITATION GUIDELINES
a. Applications for accreditation to Sunny Side of the Doc are made exclusively online at www.sunnysideofthedoc.com. By submitting an application form, the Participant is agreeing to abide by the Sunny Side of the Doc terms and conditions and commits to paying the accreditation fee in full. Non-participation or cancellation of accreditation does not exempt the Participant from paying for the accreditation, subject to what is mentioned in Article 8 below. Accreditation is nominative and may not be transferred to another employee of the Company represented under any circumstances. In the event that the Participant, depending on their nationality, requires a visa to enter France, they shall be responsible for making the necessary arrangements personally within the required deadline. DOC SERVICES reserves the right to refuse accreditation to a Company or Participants, in particular but not limited to:
- Who appear not to meet the admission criteria defined in Articles I and II above.
- Who have been excluded from the competition in previous editions,
b. As a member of the endowment fund 1% for the Planet FRANCE, DOC SERVICES, the organising company of Sunny Side of the Doc, is committed to donating 1% of its annual commercial turnover (excluding taxes) to the organisation or directly to the associations approved by the organisation.
IV. MARKET PASS AND ACCESS
Each Participant registered at Sunny Side of the Doc will receive a Market Pass giving them access to the different Market spaces and to My Sunny Space, the Sunny Side of the Doc platform. The Market Pass gives access to the different Sunny Side of the Doc events according to the conditions mentioned in the official Sunny Side of the Doc publications. In case of loss or theft, DOC SERVICES exceptionally, issue a new pass (charged at the current rate). Access to the online platform allows the Participant to access all the resources related to their Market Pass, such as the list of Participants, the catalogues of projects and programmes registered for the Market according to the conditions mentioned on the website (register.sunnysideofthedoc.com), as well as Sunny Side of the Doc online publications. Adherence to these Terms and Conditions constitutes the Participant's consent to be recorded without any claim to remuneration at each Sunny Side of the Doc conference or event, which data may be communicated to the Company that organised the event. The Market Pass and access are strictly personal and cannot be transferred, communicated, lent or exchanged, subject to accreditation being cancelled and entry and access refused. The proprietor of said accreditation will not have the right to a refund of any kind. In the event of expulsion, as outlined in Article IX (9), the Participant undertakes to return immediately, at DOC SERVICES’ request, the Market Pass(es) entrusted to them; their access rights will be immediately suspended. Animals are not allowed in any part of the Market, with the exception of assistance dogs accompanying disabled persons who hold an official document justifying this. The supporting document must be presented to the accreditation department, which will issue an official letter authorising entry with the animal.
V. PARTICIPANT COMMITMENTS
Any information updated before 19 May 2023, will be included in the Market’s publications edited by DOC SERVICES, under the sole responsibility of the Participant. Participants have the right to access and correct their data under the rules stated in Article XIII. Furthermore, the Participant acknowledges and consents that their participation in all Market events may result in photographic, television and digital reproductions on all media, including the Internet, for publicity purposes without any claim to remuneration.
b. The Participant expressly undertakes not to distribute, circulate or display any promotional material (leaflets, flyers, newspapers, posters, posters or stickers on walls, floors, windows, distribution of documents or promotional items, circulation of persons in disguise or wearing advertising material, etc.) concerning its Company, its activity, its directors and/or members, its audio-visual assets, and in general any activity that would have a direct or indirect link with the Participant within the Market except with the prior written consent of DOC SERVICES. Any breach of this obligation duly noted will result in the immediate application of the penalties provided for in Article IX. The cost of removing these promotional elements, cleaning or restoring damage will be invoiced in full to the Participant, who undertakes to reimburse costs, subject to any additional damages. In the event that several Participants may be involved in the same infringement, they shall be considered jointly responsible and subject to the same penalty.
c. The Participant expressly undertakes:
- Not to engage in any activity on the Market grounds, in the immediate vicinity of the Market or in any other place where events are organised by the Market that competes with the services defined in Article I above, during the duration of the Sunny Side of the Doc and for eight (8) days (i) before the event begins (ii) after it ends,
- Not to participate (as a speaker, moderator, guest, partner or sponsor) in conferences, symposiums, discussion forums, and more generally in any professional event related to the documentary film industry, organised in La Rochelle or in its immediate surroundings by natural or legal persons, and which would be organised without the explicit consent of DOC SERVICES, during the Market and for eight (8) days (i) before the event begins and (ii) after it ends. In addition to the immediate application of the penalties provided for in Article IX, any violation of the foregoing provisions duly noted will result in compensation for the damage resulting from unfair competition and/or commercial parasitism caused to Sunny Side of the Doc.
d. The Participant undertakes to dress appropriately for the professional environment of Sunny Side of the Doc, including at outdoor venues.
In addition, they undertake to have a respectful attitude and behaviour towards staff, the organisers and other Participants. Cases of reprehensible behaviour (insults, violence, damage to installations, disruption of screenings and conferences, breach of public order or moral standards, breach of security, etc.) will result in the immediate application of the penalties provided for in Article 9.
e. To ensure Participants' safety and in case of a resurgence of the Covid 19 pandemic causing the French government to issue new health protocols, DOC SERVICES, within the scope of Sunny Side of the Doc, shall put into effect a health protocol in compliance with government regulations for the organisation of the event if maintained. By attending the Market, the Participant states their commitment to complying with any health protocols laid down by the Organiser. The Participant also undertakes not to enter the event if they show symptoms of Covid 19. Failure to comply with these rules may result in being refused entry to the event or even exclusion from the event under the terms of Article 9. Sunny Side of the Doc declines all responsibility in the event that a Participant should contract Covid 19 within the event, despite the application of health protocols.
VI. INVOICING AND VAT
Participants will have digital access to invoices corresponding to services ordered. They can be downloaded as secure PDF files and printed from their personal account on the website register.sunnysideofthedoc.com. These files are the only invoice originals. Invoices are not provided in printed form, which the client Company declares to accept. The applicable VAT regime varies according to the services invoiced, the client’s country and its tax status. It is specified in the Terms and Conditions for each category of services.
a. Concerning accreditations to the physical Market as this concerns right of access to a cultural and industry event, French tax code (CGI, Article 279 b nonies) stipulates that the invoice corresponding to this service provided on French territory must be subject to VAT at the rate of 10% in all cases.
b. In the case DOC SERVICES would decide to sell online accreditations to the Market, as this is a service between professionals sold online, French tax code (CGI, Article 259 A 5° bis) stipulates that the corresponding invoice:
- be subject to French VAT at the current rate of 20% in the following cases:
- French companies;
- Foreign companies not subject to VAT or non-taxable.
- is not subject to French VAT in the following cases:
- Companies domiciled in the European Union, which must provide Sunny Side of the Doc with their intra-community VAT number (in accordance with Article 44 of Directive 2006/112/EC, under the reverse charge mechanism, the company is responsible for recording a VAT transaction in their own country);
- Companies domiciled outside the European Union, provided they send Sunny Side of the Doc a document certifying that they are subject to VAT or taxable in their country.
VII. TERMS OF PAYMENT
Payment of the service fee must be made in accordance with the terms and conditions set forth in the online order. Payment must be made by credit card (Visa, MasterCard only) unless otherwise agreed by DOC SERVICES. Payments on site in La Rochelle can be made by credit card or cash.
In accordance with the provisions of Articles L441-6 and D441-5 of the French Commercial Code, any delay in payment will be subject to late payment penalties. These are calculated from the day following the due date as indicated on the invoice. The rate applied is set at three times the legal interest rate - a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. These late payment penalties are payable without the need for a reminder. In addition, any delay in payment will oblige the debtor to pay DOC SERVICES a fixed sum of 40 euros in recovery costs, an amount which is set by article D441-5 of the French Commercial Code. In the event that the recovery costs are higher than the fixed sum, DOC SERVICES reserves the right to request additional compensation. Late payment shall give rise to the application of the penalty clause defined below. Non-payment of any sum due on the day following the scheduled payment date may, at the sole initiative of DOC SERVICES, result in the termination of contract, without releasing the Company from the full payment of this amount, increased by the interest mentioned above and the sums referred to in the penalty clause below.
Termination of the contract will result in the exclusion of the Participant from Sunny Side of the Doc and the immediate return of the Market Pass. Access to the online platform will also be deactivated. In addition, such non-payment will result in the cancellation of all accreditation of the Participant to the Market for the current year until the debt is fully paid. This provision shall also apply in the event that the Participant remains in debt, under similar conditions, to the partner hotels or official suppliers of Sunny Side of the Doc. In case of non-payment of invoices on their due date, notwithstanding the sending of the aforementioned formal notice, the offender will be liable, in addition to the aforementioned default interest, to a penalty clause equal to 20% of the amounts due.
VIII. CONDITIONS FOR CANCELLATION OF ACCREDITATION
a. Due to the Covid 19 epidemic and any possible mutation of the virus, the Participant expressly acknowledges and accepts that DOC SERVICES may have to cancel the physical event or postpone it to another date in order to meet government recommendations and health protocols. In such an event, the Company shall notify the Participant of its decision to cancel the physical event or to postpone it without delay.
b. In the event that the Participant has to cancel their physical participation in the event DOC SERVICES will retain the amount paid for their accreditation as compensation, which the Participant expressly acknowledges and accepts.
c. However, in the context of the Covid 19 epidemic, the Participant will be able to swap their accreditation for the physical Market with remote accreditation until the first day of the market, if at least one of their projects has been selected at one of the seven pitching sessions organised during the Market. They may request a refund of the difference between the physical and the remote accreditation fees.
d. In the event of cancellation of the physical event due to exceptional circumstances resulting from the Covid 19 epidemic, the following cancellation conditions will apply if Sunny Side of the Doc cannot be physically held in La Rochelle on the scheduled dates or if the client Company is unable to participate in the Sunny Side of the Doc on the scheduled dates and is able to justify with supporting evidence that it is impossible (IMPOSSIBLE) for all registered Company representatives to attend due to the epidemic, that it prevents them (i) from leaving their country, (ii) from entering French territory, if the borders of the country of departure and/or destination are closed, or (iii) although present on French territory, they are deprived of their freedom of movement due to being in quarantine, then the Company will benefit from a full refund of its accreditations upon request. Refund requests can only be processed on the basis of proof of IMPOSSIBILITY, which must be submitted y the end of the event. In all the cases listed above, the refund will be made as soon as possible, to the payment card used at the time of purchase, and at the latest on 30 September of the current year.
e. In the event of cancellation or postponement of the event due to the occurrence of a case of force majeure other than the Covid 19 epidemic (in particular fire, natural disaster, accident, epidemic other than Covid 19, act of state or any other cause), neither the client Company nor DOC SERVICES may be held responsible. In this case, the client Company and DOC SERVICES reserve the right to either terminate the accreditation or suspend and postpone its execution. In the event of termination, the advance payments made will be retained in order to settle the costs already incurred by DOC SERVICES for the organisation of the Sunny Side of the Doc. In the event of suspension, the effects of the accreditation are suspended until such time as the Company and DOC SERVICES deem that the various Sunny Side of the Doc services can be resumed.
Anyone violating the provisions of these Terms and Conditions or failing to comply with security policy, code of conduct and police rules may result, at the sole discretion of DOC SERVICES without formality or refund of the amount of the Participant's accreditation or of any sum paid, which shall be retained by the Market depending on the seriousness of the infringement:
a. A warning that further misconduct will lead to exclusion from Sunny Side of the Doc, either temporarily or for the current edition;
b. The immediate exclusion of the Participant from the event;
c. Exclusion with a ban on participating in the event for two consecutive years.
X. CONTROL OF THE ORGANISATION OF THE EVENT
If the need urgently arises, the organiser reserves the right to modify the general and specific layout and organisation, as well as the opening hours, before and during the event, without having to notify the exhibitor, provided that this does not substantially alter the contract originally signed between the organiser and the exhibitor.
XI. POWER OF DECISION IN THE EVENT OF A THREAT TO PUBLIC SAFETY
The Participant entrusts the organiser with the task of assessing whether the event should be suspended or evacuated in the event of a threat to the safety of the public and undertakes not to make any subsequent claims against them.
XII. JURISDICTION AND APPLICABLE LAW
Any dispute that may arise between the Participant or the Company and DOC SERVICES shall be under the exclusive jurisdiction of the Courts of Poitiers French law being the only applicable law.
XIII. Data Protection Act
All data collected is processed within the scope of customer relationship management. DOC SERVICES and its suppliers are the sole beneficiaries of said data.
According to EU regulations dated 27 April 2016 regarding data protection of natural persons, the Customer has the right to access, rectify, reject, oppose or limit the use of data that concerns them.
They can exercise those rights upon simple request to the following address: firstname.lastname@example.org or by post: DOC SERVICES, 4 place Bernard Moitessier, 17000 La Rochelle, France.
Personal data is stored:
- Customers and prospective customers data: for a duration of 3 years starting from the end of the contractual relationship or the last contract drawn from the customer or prospective customer.
- Invoices: for a duration of 10 years starting from the date an invoice is issued.
In case of litigation, data that is redeemed necessary to the litigation will be kept until a decision of justice is reached by the competent jurisdiction.
CNIL is the competent authority for customers who wish to file a complaint regarding the use personal data: www.cnil.fr, 3 place de Fontenoy TSA 80715 75334 Paris cedex 07