Accueil > Rates and general terms and conditionsLast Updated: February 2025
GP ARCHIVES SAS
Registered capital: EUR 582,439.20
RCS Nanterre 444 567 218
VAT FR69444567218
Registered office: 30, avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France FR
E-mail address: contact@gparchives.com
Phone number: +33 1 49 48 15 15
We charge per collection, one minute minimum and then each 30 seconds from 2nd minute. See our rates card.
The main activity of GP ARCHIVES company (hereinafter “GP ARCHIVES”) consists of conserving, restoring, distributing, and producing film and audiovisual content.
GP ARCHIVES exploits and manages film archives and documentaries collections and, on request, makes copies of contents from those collections (hereinafter the “Contents”) available to the public in digital and/or photochemical form. To that end, it operates the website www.gparchives.com (hereinafter the “Website”).
The purpose of these General Terms and Conditions is to provide a contractual framework for provision of Contents and for licence for the use the Contents.
These General Terms and Conditions are entered into between GP ARCHIVES and any professional or non-professional within the meaning of Introductory Article of the Consumer Code, be it a natural or a legal person (hereinafter “Licensee”), for any contract for provision of Contents and licence for the use of the Contents.
These General Terms and Conditions are completed by a quote as well as, when order is placed on the Website, the Website’s General Terms of Use. Together, these documents form a contract for provision of Contents and licence for the use of the Contents (hereinafter the “Contract”), which sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous agreements or understandings, whether oral or written, heretofore in effect.
Where discrepancies appear between these general terms and conditions and the quote, the quote shall prevail.
By accepting GP ARCHIVES’ quote, Licensee agrees that it has read these General Terms and Conditions and that it accepts them unreservedly. Acceptance of the quote by Licensee means the Contract is executed.
GP ARCHIVES reserves the right to change these General Terms and Conditions, at any time. The order for Contents remains subject to the version of these General Terms and Conditions in force when the Contract is executed.
Licensee must have full capacity to enter into the Contract and must have authority to bind the legal person it represents. When Licensee declares being a professional within the meaning of Introductory Article of the Consumer Code, it agrees that it enters into the Contract in the course of its professional activity.
When placing an order for the first time, Licensee shall apply for a customer account. Licensee shall give authentic and comprehensive identification and contact data, update those when they change and spontaneously rectify any mistakes. GP ARCHIVES reserves the right to ask for supporting documents at any time.
Licensee shall point to GP ARCHIVES the precise Contents it wishes to order, directly or via the Website, by indicating the desired excerpts’ details. Licensee shall also specify for what purpose and to which end it intends to use the Contents. Any vague or unclear order will not be processed. GP ARCHIVES may grant licence for the use of the selected Contents in their entirety or in excerpts. No licence shall be granted broadly on the Contents’ collections as a whole and in their entirety.
When placing its order, Licensee acknowledges that it has been able to select the Contents and to assess their content. Licensee shall consult GP ARCHIVES for details on the selected Contents’ technical quality available.
Once it has received a complete order from Licensee, GP ARCHIVES shall send a quote, which Licensee may accept or reject. The quote is valid for one (1) calendar year from the issue date. After that, prices may change, and a new quote shall be issued. A non-binding fee schedule is provided on an indicative basis on the Website.
The Contents shall be delivered in digital form, on a tangible or non-tangible medium, or in photochemical form, according to what has been expressly asked for by Licensee. GP ARCHIVES reserves the right to reject any order for another form.
Regarding delivery:
- The Contents delivered in digital form on a non-tangible medium shall be considered delivered by GP ARCHIVES as soon as GP ARCHIVES has given Licensee the access code that allows access to the selected Contents;
- The Contents delivered in digital form on a tangible medium and the Contents delivered in photochemical form shall be considered delivered by GP ARCHIVES as soon as GP ARCHIVES has informed Licensee that the Contents’ copies are available at the following location: 24, rue du Docteur Bauer, 93400 Saint Ouen sur Seine (France)
When the Contents are delivered in digital form on a tangible medium or in photochemical form, transport from the delivery location shall be solely at the expense and risk of Licensee. Licensee shall bear all costs for transport, insurance, taxes and custom fees that may apply and shall handle all tax declaration with competent authorities when necessary.
No Contents shall be delivered before full payment by Licensee of all due sums under the Contract.
Licensee shall verify technical conformity of the Contents within five (5) business days from delivery. After this deadline, the Contents shall be considered accepted by Licensee. In case Licensee makes use of the Contents for the intended purpose and to the intended end before the aforementioned deadline, the Contents shall be considered accepted by Licensee.
GP ARCHIVES reserves the right to reject any order for Contents without justification, even if Licensee had previously placed an order for Contents with GP ARCHIVES.
Applicable price for the order for Contents is stipulated in the quote issued by GP ARCHIVES and accepted by Licensee. Prices are expressed in euro (EUR) excluding and including tax with VAT at the standard rate ruling. Whenever VAT rate changes, amended rate shall be applied automatically.
Licence fee shall be charged per collection with a minimum charge of one (1) minute; additional time shall be charged per thirty (30)-second segment per collection. In addition, technical costs are charged.
Terms of payment for the order for Contents are stipulated in the quote.
Any late payment shall result in a penalty charge equal to three (3) times the legal interest rate in force when the quote was accepted, applied on the total sum (including tax) of the invoice due. Licensee shall bear any bank fees.
In such case, Licensee shall also be liable to a EUR 40.00 (forty) fixed compensation for recovery costs, in accordance with Articles L. 441-10 and D. 441-5 of the Commercial Code. Whenever recovery costs incurred exceed this amount, GP ARCHIVES may demand supplementary compensation from Licensee.
No discount shall be granted for early payment.
No refunds of the sums paid under the Contract shall be given when the Contents are not used.
GP ARCHIVES grants a non-exclusive and non-transferable licence to Licensee for the use of the Contents that have been ordered and paid for, which is valid solely for the duration, for the media and within the territory that have been stipulated in the quote.
The starting date of the licence shall be the date when Contents are delivered by GP ARCHIVES to Licensee, provided that the total invoiced sum has been paid. Licensee shall not be given a refund in case it takes possession of the Contents later than the date they were delivered.
In any case, no licence shall be granted until the total invoiced sum is paid by Licensee.
The Contents may only be used for the purpose and to the end stipulated in the quote. For any other use or extension of the licence, a new agreement shall be entered into between GP ARCHIVES and Licensee.
Under this licence, Licensee may not grant sublicences for the use of the Contents or, in general, publish or transfer the Contents in any manner other than for the purpose and to the end stipulated in the quote. Licensee shall have the right however to grant licences on or transfer rights on the programme it produced in which the Contents are used, as long as Licensee observes the Contract’s stipulations.
Licensee may not modify or seek to circumvent technical measures which protect the Contents.
Licensee is not granted any property right on the Contents. GP ARCHIVES retains ownership over the Contents.
GP ARCHIVES reserves the right to grant licences on the same Contents selected by Licensee to any third parties for a similar exploitation and within the same territory.
When using the Contents, Licensee shall refrain from infringing third parties’ rights as well as GP ARCHIVES’, including personal rights, author’s rights (economic and moral rights), copyrights and neighbouring rights and shall refrain from undermining GP ARCHIVES’ image and reputation.
In particular, Licensee shall refrain from modifying the Contents in a way that would affect their integrity (e.g., colourising black and white Contents or broadcasting the Contents in a lower image or sound quality than when delivered) or their spirit, or distorting the meaning of the Contents, including by means of or for the purpose of deep fake within the meaning of Article 3 of Regulation (EU) 2024/1689 of 13 June 2024.
Licensee shall be responsible for obtaining consent of the third parties concerned by the Contents’ exploitation (authors, editors, collecting societies, phonogram producers) and for paying them the due fees.
Licensee shall refrain from using the Contents in a way that is not covered by the Contract and/or expressly authorised by GP ARCHIVES. Licensee shall also refrain from facilitating third parties to use the Contents in such a way, in particular by supply of means or by letting third parties believe that it is authorised.
The Contents are delivered bearing the producer’s trademark. Licensee shall refrain from blurring, covering, obliterating, deleting and, more broadly, affecting the trademark’s integrity. The Contents shall always be communicated bearing the trademark in a prominent way. In general, Licensee shall refrain from removing any reference, logo or copyrights that appear on the Contents.
Licensee shall hold harmless and defend GP ARCHIVES from and against any claims arising out of the use of the Contents by Licensee in breach of the Contract. Licensee shall in particular assist GP ARCHIVES and cooperate with it for GP ARCHIVES’ defence and pay compensation for the costs incurred by GP ARCHIVES for its defence (including judicial fees and expenses) and/or for damages that GP ARCHIVES may be obliged to pay.
Licensee shall mention on the programme it produced in which the Contents are used, where possible in regard to the nature of the programme, the following: “GP ARCHIVES” or any other mention expressly authorised by GP ARCHIVES.
Within the scope of the licence, GP ARCHIVES shall warrant quiet use of the Contents by Licensee from its own part, excluding warrant against third-party eviction. This warranty covers only the Contents owned by GP ARCHIVES or for which it has been granted authorisation of exploitation. Licensee shall be responsible for seeking agreement with third parties concerned regarding all items which rights are owned by third parties and which exploitation GP ARCHIVES does not manage. GP ARCHIVES shall not be held liable to Licensee or third parties on that ground.
GP ARCHIVES shall not guarantee that the persons featured in the Contents have agreed to their image being used. Licensee shall be responsible for seeking agreement with these persons. GP ARCHIVES shall not be held liable to Licensee or third parties on that ground.
In no event shall GP ARCHIVES be liable to Licensee for incidental or consequential damages (including, but not limited to, loss of revenue, loss of turnover, loss of profits, loss of production, loss of opportunity, operating loss, or damage of the image and reputation) arising out of the use of the Contents.
In any case, GP ARCHIVES’ liability shall not exceed the actual licence fee (excluding tax) paid by Licensee for the use of the Contents.
Upon the occurrence of a material breach or default as to any essential obligation hereunder by either party and the failure of the breaching party to promptly cure such material breach or default within fifteen (15) calendar days after receiving written notice thereof from the non-breaching party, the Contract may be terminated by the non-breaching party. The non-breaching party reserves the right to claim damages. In case the Contract is terminated due to a breach by Licensee, GP ARCHIVES shall retain all sums already paid, and all remaining sums shall be paid by Licensee without undue delay.
Upon termination or expiration of the Contract, Licensee shall erase, delete or destroy any copies of the Contents at its own expense and shall give GP ARCHIVES a certificate of destruction established by a certified third party.
11.1. Licensee agrees that GP ARCHIVES’ computerised records shall be considered faithful copies within the meaning of Article 1379 of Civil Code, and that they shall be used as evidence of exchanges, payments and transactions between the parties.
11.2. Licensee agrees to receive GP ARCHIVES’ invoices in digital form.
11.3. The parties agree to sign the Contract by electronic means. They agree that an electronic signature has the same value as a handwritten signature and waive all claims on that ground.
11.4. The failure to exercise any right provided in the Contract shall not be a waiver of prior or subsequent rights.
11.5. In the event that any provision of the Contract is held to be invalid, the remaining provisions shall not be affected and shall continue to be valid.
11.6. Should there be a discrepancy or a difference in interpretation between the French version and any other version in another language of these General Terms and Conditions, the French version shall be the only one binding and shall prevail.
These general terms and conditions, the Contract and their performance shall be construed and governed according to the laws of France (FR).
The Parties consent to the exclusive jurisdiction of the courts located in PARIS, France (FR), for any legal action, suit or proceeding arising out of or in connection with thE CONTRACT, notwithstanding multiple defendants, INCRIMINATION, guarantee call or procedure for interim relief.
version française
Search and see