DOC SERVICES – Terms and Conditions of Sale

Each year DOC SERVICES Sarl, (“The Organiser”), head office 4 place Bernard Moitessier, 17000 La Rochelle, France, e-mail contact@sunnysideofthedoc.com, registered in the La Rochelle business register under number 378 150 387, Intra-Community VAT number FR89 372 150 387 000 74, legal representative Mr Yves Jeanneau, organises the International Documentary Market under the name SUNNY SIDE OF THE DOC. This market is open to producers, distributors, publishers, broadcasters, buyers, commissioning editors, directors, authors, journalists and more generally any professional institution, association or organisation, (hereafter referred to as “Participants”), whose activity or purpose is to search for partnerships, promotion and sales of documentaries, products or projects, in any format and in any medium (hereafter referred to as “Programmes”).

Introductory Article

The act of participating in the International Documentary Market implies full and unreserved acceptance by the Participant of the terms and conditions herein. Consequently, the terms and conditions herein prevail over all other conditions established by the Participants. Any contrary conditions claimed by the Participants which have not been expressly accepted by the Organiser will not be deemed binding.

ARTICLE 1 – SERVICES OF THE MARKET

1.1 The Market is accessible with the following formulas

- Formula for Visitors:
Open access during the four days or fewer to the exhibition area and to certain events of SUNNY SIDE OF THE DOC, with the exception of those reserved for buyers and the press, certain specific types of participation, and invitation-only events. A guide for buyers and exhibitors will be given to all participants. “Visitor” accreditations are nominative and non-transferrable.
- Formula for Exhibitors (on condition of availability):
. Producers/Distributors:
. Umbrellas: collective areas for regional, European, national, associative, union or associative umbrellas.
. Stands: individual areas, modules of 9, 12 and 18m2
A detailed description of the areas given above can be found in the eshop.

1.2 Exhibitor Formulas include, above and beyond the areas described above, the following services:

Services included: nominative accreditations in accordance with the number stipulated in the eshop product description, registration of projects in development or Programmes produced and completed before the date given on the site, inclusion in our catalogue given to buyers in the video library, access to forums, debates and public screenings.

Optional services subject to additional charge: extra accreditations (limited number), registration of additional Programmes in the video library without any limits on the number, registration of projects in development and commissioned projects, advertising spaces, organisation and promotion of private screenings, meeting room hire (depending on availability) and organisation of cocktails.

1.3 Details of the Exhibitor and Visitor Formulas are given in the product description in the eshop.

ARTICLE 2 – Registration – Payment and Reimbursement

2-1 Registration in events and orders: registration in events can be done on line, in English or French, through the Organiser’s eshop at: “http://www.sunny.eshop.sunnysideofthedoc.com/” (hereafter referred to as the “eshop”)
Ordering process:
- Go to the eshop
- Create an account
- Choose between the various products: accreditation, stand, marketing options, partnerships
- Choose between the various options and quantities
- Add to basket
- Check the summary of the order and the products chosen
- Confirm the summary of the order
- Check billing information
- Choose means of payment
- Send payment and order
- Confirmation of the order by the Organiser

The order process must be completed and sent by the Participant under the conditions stipulated above. Payment of the amount in full must be made by the participant before the event.

Confirmation of the order is binding on the Participant and obliges them to observe the Conditions of Participation herein.

2-2 When selling its various events Doc Services will offer reduced rate “pre-sales”. These offers are limited in time and each will have their own particular conditions for cancellation and reimbursement. This means that the product descriptions of these registration campaigns will mention the deadlines for cancellation and reimbursement.

2-3 Registration for Programmes, “Projects in Development” and “Commissioned Projects”: forms must be filled in on line. Once the order has been confirmed by the Organiser, and payment made by the Participant, the Participant will have a personal non-transferable code to access “Programme Projects” on line. The access code, on the condition that it is kept by the Buyer, gives access to the eshop and the community area and guarantees confidentiality of data transmitted after keying in the said code. The Participant takes full responsibility for use of the access code, its conservation, and will takes all necessary measures to keep it confidential. Any registration in the eshop and the community space will be considered to have been made by the Participant, the Organiser cannot be held responsible for any act, consultation or transaction made by a third party other than the Participant.

2-4 Payment: means and conditions of payment are described in the eshop.

Means of payment:
- Cheque
- Paybox
- Bank transfer

SSL: the eshop has an SSL certificate, which secures payment on line and customer data. The SSL certificate is materialised by a green box with a padlock in it in the URL bar of the eshop.

Payment period:
- For all types of accreditations and participations under an umbrella 100% of the payment must be made on ordering.
- For stands and umbrellas 50% of payment must be made on ordering and 50% of the payment must be made within 30 days before the event.
- For all other products 100% of the payment must be made on ordering.

Conditions of payment:
In compliance with article L441-6 of the Code de Commerce, the Company’s invoices must be paid within forty-five at the end of the month or sixty days from the date of issue of the invoice. Failure to do so will require us to apply a minimum late payment rate of 3 times the legal interest rate and a flat charge of 40 Euros for recovery costs in compliance with articles L 441-3 and L 441-6 of the Code de Commerce.

Any cancellation made by Exhibitors received within 30 days before the beginning of the Event will lead to payability and invoicing of the price in full. Any cancellation made by Visitors received within 30 days before the beginning of the Event will lead to payability of 50% of the total price of the accreditation. Finally, for any cancellation made by Visitors not communicated 20 days before the beginning of the Event, the invoice will be due in full. Cancellation of projects and/or programmes will only be accepted when the cancellation request is communicated more than 30 days before the beginning of the Event. Prices in the eshop are given not including VAT. All services provided in France are subject to VAT at the rate in application and all companies, whatever their nationality, are subject to this tax, which can be reimbursed under certain conditions from the French tax authorities. Only countries of the European Union (on communication of the Intra-Communitary VAT number will be exempt from VAT in compliance with article 259-A of the CGI).

2-5 Right or retraction: for a period of 14 days after the order, the Participant can exercise their right of retraction in writing to the Organiser.

2-6 Reimbursement:

Means of reimbursement:
- Cheque
- Paybox
- Bank transfer

Reimbursement period:
Reimbursement of products are made within a period of up to 30 days after reception of the request by the Accounts Department.

Reimbursement conditions:
Reimbursement will be made in Euros, at the choice of DOC SERVICES in relation to the initial payment, either by bank transfer to the customer’s account, by Paybox, or by cheque payable to the client company that placed the order. A commission equal to 1% of the overall amount of reimbursement will be deducted from the reimbursement via Paybox only.

ARTICLE 3 – Access to the Market

3-1 Any accredited Participant, Exhibitor or Visitor, must wear a badge with a recent I.D. photo. This badge, which is nominative and non-transferrable, will be requested at the entry to all areas of ASIAN SIDE OF THE DOC, including dining areas.

3-2 Replacement of a lost or stolen badge will cost 299 Euros inc. VAT.

3-3 When collecting access badges from the SUNNY SIDE OF THE DOC reception desk, the Organiser reserves the right to ask Participants for proof of identity or proof that they belong to the contracting company.

3-4 No access badges to ASIAN SIDE OF THE DOC can be delivered if full payment of the invoice has not been received and cashed.

ARTICLE 4 - Rights and obligations of the Organiser

4-1 The Organiser undertakes to ensure the dates given in the Contract and the correct proceeding of the Market. Dates however can be modified by the Organiser, without the Participant being able to oppose this or claim compensation if it is in the interest of the Market, given its international nature, for such a change to be made, the Organiser must inform the Participant in writing at least one month before the opening of the Event. Should the location planned for the Market not be available, in particular in case of force majeure, the Organiser, after having informed the Participant, and without the conditions of their undertaking being modified, in particular concerning its amount, will have the ability to organise the event, if needs be, in another town or country which can receive such an international Market, on condition that it can provide a location of the same standing and with similar levels of accommodation. Should this not be possible, the Organiser can purely and simply cancel the Market after having informed the Participant, and, in this case the commitment of the latter will be cancelled by rights without any compensation for the Participant. Only the amounts remaining available from the amounts of participations, after payment of all spending undertaken by the Organiser, will be shared between the Participants in proportion to the amount paid by them without them being able, by express convention, to exercise recourse in any form and for whatever cause, against the Organiser.

4-2 The location of areas made available to the Participants will be determined by the Organiser, in relation to the configuration of the building, the number and activity of the Participants, reservation in advance of a space does not represent a definitive guarantee of the space finally allocated unless the whole of the fixed price has been paid.

4-3 Screenings will take place in the allotted rooms at the dates and times set by the Organiser in relation to availability. The Organiser reserves the right to refuse Programmes in public screenings or screenings organised in the framework of the Event, in the video library or in the Internal Circuit, with content which could be considered as grossly indecent, inciting violence or racial or religious segregation, or immoral or offensive behaviour, or as breaking a legal or regulatory measure in application…

ARTICLE 5 – Rights and obligations of Participants

5-1 Participants must scrupulously observe all measures concerning internal order at the Market, all safety recommendations, all policing measures set out not only by the Organiser but also by any other competent authority. Any advertising within the Market other than that on media provided for by the Organiser is forbidden.

5-2 Participants must observe the number of accreditations allocated as a result of the order made via the eshop.

5-3 Participants undertake to return the space and the materials made available in the initial state, all repairs or replacements made by the Organiser as a result of loss or damage caused by the Participant will be invoiced. Participants undertake to screen Programmes on material provided for in the rented areas using audio headsets or with their own material, or not exceed a sound level likely to disturb other participants.

5-4 Elements for publication must be sent in the formats, technical specification and timeframe given in the registration form and on the internet site. Any elements which arrive at ASIAN SIDE OF THE DOC after the stipulated period will not be published and no repayment will be due.

5-5 Participants declare that they own the rights for the promotion and/or sale of Programmes and Projects in Development presented in the context of the Market and guarantee that the content (text, images, logos and other elements) of declarations, advertisements, and Programmes provided to the Organiser do not breach the rights of third parties concerning intellectual property, rights of the person, or any other French or international regulatory or legislative measure applicable and will compensate the Organiser for any claims, losses or damages suffered as a result.

5-6 All Participants undertake to take out insurance from a manifestly solvent insurance company to cover all damages caused by their doing to third parties within the boundaries of the Market and to provide proof of such insurance to the Organiser.

ARTICLE 6 – Use of information, documents and personal data

Registration of a Participant contains the express authorisation for the benefit of the Market to publish and disseminate in its media, in particular printed guides and “on-line” data bases, all the information provided, including a photo, unless there is a written stipulation to the contrary received at the latest one month before the beginning of the Market. In this case the market reserves the right to adapt its communication in relation to the information it has the authorisation to use, notwithstanding any contractual obligation at their charge in such matters. Participants guarantee that they own rights of all kinds concerning photographs and logos they send and guarantee the Market against any recourse on this subject. Participants undertake to update on the Organiser’s site in the line provided for this purpose any information concerning their company, projects or programmes. This information, updated 30 days before the opening of the event, will be included in the Market Guide and other publications, under the sole responsibility of the Participant. Information provided will be used in compliance with the French data protection act (Loi Informatique et Libertés) of 6 January 1978. Right of access and rectification can be freely exercised. Furthermore, Participants confirm and expressly accept that their participation in all events of the Market can give rise to photographic, televisual or digital images in all media, including on internet, mobile phones, and for promotional purposes.

ARTICLE 7 – Confidentiality policy

DOC SERVICES is careful with personal data collected on the eshop site http://www.sunny.eshop.sunnysideofthedoc.com/. It ensures and undertakes that it is collected in compliance with the “Loi Informatique et Libertés” of 6 January 1978 modified by the law of 6 August 2004.

LIABILITY OF PROCESSING
Personal data is collected by:
DOC SERVICES, limited liability company with a capital of 53,357.16 Euros, head office 4 place Bernard Moitessier, 17000 La Rochelle, France, registered in the business register of La Rochelle under the number 378 150 387 R.C.S. LA ROCHELLE, Intra-Community VAT N°: FR89378150387.

NATURE OF DATA COLLECTED
DOC SERVICES can collect the following data:
- Name, first name
- Postal address
- E-mail address
- Telephone number
- Date of birth
- IP address
- Connection and navigation data
- Order history
- Products consulted
Obligatory or optional data is differentiated by an asterisk. Some data is collected automatically on account of your actions on the site.

FUNCTION OF DATA COLLECTED
DOC SERVICES collects personal data with the purpose of:
- Opening a customer account;
- Enabling follow-up in the case of an exchange/extension or claim;
- Follow-up your orders;
- Send newsletters from our company, and partner companies, if you accept;
- Manage exchanges/extensions;
- Personalise offers provided to you;
- Carry out statistical surveys;
- Get your opinion;
- Measure audiences, number of page views of the number of visitors on the site;
- Fight against fraud.

DOC SERVICES undertakes not to use information for any other purposes than those listed above.

RECIPIENTS OF PERSONAL DATA
All data collected on the site www.sunny.eshop.sunnysideofthedoc.com is exclusively for DOC SERVICES.
However, if you accept, it can also be transmitted to our partners with offers of potential interest.

MEANS OF COLLECTING PERSONAL DATA
Your data can be collected when:
- you create your customer account “Your Personal Area”;
- you make an order on our site;
- you navigate on our site and consult Products;
- you contact our customer service;
- you leave a comment.

DURATION OF CONSERVATION OF PERSONAL DATA
At least once a year you will receive a communication from us enabling you to:
- unsubscribe from our communications.
- ask to have your information removed from our data base.

COOKIES
COOKIES POLICY
When using our site www.sunny.eshop.sunnysideofthedoc.com, cookies are placed on your computer, mobile phone or tablet. Our site is designed to be attentive to the needs and expectations of our customers. That is why, among other reasons, that we use cookies to be able, for instance, to identify yourself and access your account. This page enables you to have a better understanding of how cookies work and how to set them.

DEFINITION OF A COOKIE
A cookie is a text file placed on your computer when you visit a site or consult an advertisement. The aim is to collect information concerning your navigation and send you services adapted to your terminal (computer, mobile phone or tablet). Cookies are managed by your internet browser.

THE VARIOUS ISSUERS
sunny.eshop.asiansideofthedoc cookies: these are cookies placed on your terminal to respond to needs of navigation, optimisation and personalisation of services on our site.
Third party cookies: these are cookies placed by third party companies (for example partners) to identify your centres of interest and potentially customise their advertising offer which is sent to you on and off our site.
They can be placed when you navigate on our site or when you click in the advertising spaces of our site. As part of the partnership we take care that the partner companies strictly observe the modified “Loi Informatique et Libertés” of 6 January 1978 and undertake to implement appropriate measures to secure and protect data confidentiality.

SETTING YOUR INTERNET BROWSER
At any time you can choose to deactivate these cookies. Your browser can also be set to indicate cookies which are placed in your computer and ask you to accept or not.
You can accept or refuse cookies on a case by case basis or refuse them systematically.
We would like to remind you that the settings can modify your conditions of access to our content and services requiring the use of cookies. If your browser is configured to refuse all cookies, you will not be able to benefit from part of our services. To manage cookies as closely as possible to your requirements we would invite you to set your browser taking into account the purpose of cookies.

For Internet Explorer™:
http://windows.microsoft.com/frFR/windows-vista/Block-or-allow-cookies

For Safari™:
http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html

For Chrome™:
http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For Firefox™:
http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

For Opera™:
http://help.opera.com/Windows/10.20/fr/cookies.html

HYPERTEXT LINKS
www.sunny.eshop.sunnysideofthedoc.com can contain links to other sites. We are not responsible for the content of these sites and they are not covered by this confidentiality policy. We are not responsible for the content of the sites presented, or the way your personal data is collected and used on them.

SECURITY OF PERSONAL DATA
We are committed to making sure that your information is secure. To prevent unauthorised access or divulgation, we have set up physical electronic and management processes to safeguard and secure information collected on line.
For payments, bank information is collected by Paybox, our payment partner, who is solely responsible for collecting and conserving data.

LIMITATION OF LIABILITY
DOC SERVICES does everything within its power to provide accurate, up to date information. However, DOC SERVICES cannot guarantee the exactitude, completeness, or actuality of the information given on its site. Texts can have been updated between the time when you downloaded them and when you read them. You accept that this information is under your responsibility.
DOC SERVICES cannot be held responsible for:
- errors or omissions in information given on the site;
- direct or indirect damage which could result from access to or use of the site, including accessibility, loss of data, deterioration, destruction or viruses which could impact your computer equipment and/or the presence of viruses on the site.

RIGHTS ON YOUR PERSONAL DATA
In compliance with the “Loi Informatique et Libertés” of 6 January 1978 modified by the law of 6 August 2004, you have a right of access, rectification and opposition to data concerning you.
At any time, during your navigation on our site, you can access your personal data via your customer area, change your data if your situation has changed or even oppose the collection of your data for the purpose of prospecting.

However, some data is essential for processing your order. If this data is not collected, we will not be able to process your order.
However, at any time, you can also ask us to remove all your personal data.
To do so simply send your request by mail to the following address:
DOC SERVICES / service clients
4 place Bernard moitessier
17000 LA ROCHELLE

giving your name, first name, e-mail, address.
In compliance with regulations in application, your request must be signed and accompanied by a photocopy of an identification document bearing your signature and specify the address you wish the response be sent to. An answer will be sent within two months of reception of your request.

AVAILABILITY OF THE SITE You are informed that DOC SERVICES site is accessible 24 hours a day, 7 days a week with the exception of cases of force majeure, IT difficulties, difficulties related to telecommunications networks or technical difficulties. For maintenance reasons, DOC SERVICES can interrupt access to the site.

MODIFICATION OF OUR CONFIDENTIALITY POLICY We reserve the right to modify our confidentiality policy at any time. We will indicate changes by changing the date at the top of our confidentiality policy. We would invite you to visit this page regularly.

ARTICLE 8 – INTELLECTUAL PROPERTY

This site belongs to and is operated by DOC SERVICES. All the elements making up the site, including brands, logos, domain names and other distinctive signs on the site(s) of DOC SERVICES, are protected under French and international law in application on intellectual property and authors’ rights, and belong to DOC SERVICES or are covered by an authorisation of use. All rights of reproduction, representation and public communication are reserved, including downloadable documents and visual, audio-visual, photographic, iconographic or other representations. Any unauthorised exploitation of the site or its content engages your liability and constitutes fraud punishable under articles L335-2 ff. of the Code de la Propriété Intellectuelle. The brands given on the site are registered by companies or persons who are their owners. Reproduction or use of any kind is forbidden.

ARTICLE 9 – ATTRIBUTION OF JURISDICTION - APPLICABLE LAW

In the case of conflict arising from the execution of the participation agreement herein and the express convention between the parties, the Courts of the head office of the Organiser are solely competent and will rule in compliance with French law. In the case of discrepancies between the French and English version of the Participation Conditions herein, the French text will prevail.