LEGAL NOTICES / TERMS & CONDITIONS
1. LEGAL NOTICES
Website editor
This website is published by:
Name: DAVID CHAMBA
Status: self-employed individual / sole proprietor
Activity: Voice over artist – provision of artistic and technical services
Address: 169, Route de Solemy 69210 Bully FRANCE
Telephone number: +33 6 31 53 23 61
Email address: davidchamba.voixoff@gmail.com
SIRET: 91860327500010
Website hosting
This site is hosted by:
Company: O2 SWITCH
Website: o2switch.fr
Graphic design and development
This website was designed and developed by:
Graphic designer and developer: Aloïse GARCIA
Website/ Contact: aloise-garcia.fr
2. INTELLECTUAL PROPERTY
All content on this website (texts, images, sounds, audio recordings, videos, logos, and graphic designs) is the exclusive property of DAVID CHAMBA or their respective authors and is protected by French and international intellectual property laws.
Any reproduction, display, modification, publication, or adaptation of all or part of the content on this website, regardless of the means or method used, is prohibited without the prior written permission of DAVID CHAMBA.
The audio recordings available for demonstration purposes (voice-over demos) are strictly for listening only and may not be downloaded, reproduced, distributed, or used for commercial purposes without a written agreement.
3. COOKIES
This site may use technical cookies that are necessary for it to function properly. No third-party advertising or tracking cookies are used without your prior consent. You can configure your browser to block cookies. Doing so may affect certain features of the site.
4. GENERAL TERMS OF USE
Access to the site
Access to the davidchamba.fr website is free and open to any user with Internet access. All costs associated with access (equipment, connection) are the responsibility of the user.
Responsibility
DAVID CHAMBA strives to ensure that the information published on this site is accurate and up-to-date. However, DAVID CHAMBA cannot guarantee that the information provided is complete or error-free and reserves the right to modify it at any time without notice.
DAVID CHAMBA shall not be held liable for any direct or indirect damages resulting from the use of this website or the inability to access it.
Hyperlinks
This website may contain links to third-party websites. DAVID CHAMBA has no control over these websites and assumes no responsibility for their content.
Applicable law
These legal notices and Terms of Use are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
5. Preamble
Article 1 – Principles
These General Terms and Conditions apply to the services provided between David Chamba and the Buyer. These Terms and Conditions set forth the parties’ obligations in their entirety. They constitute the sole basis for the commercial relationship between the parties, and, as such, the Buyer is deemed to accept them without reservation.
These Terms and Conditions of Sale take precedence over any other document, including any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by David Chamba to Buyers in the same category. David Chamba and the Buyer agree that these Terms and Conditions exclusively govern their relationship. David Chamba reserves the right to modify these General Terms and Conditions from time to time. They will be effective as soon as they are posted online. If any provision regarding the provision of services is found to be missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies headquartered in France.
These General Terms and Conditions of Sale are provided to any Buyer who requests them, to enable the Buyer to place an order. The supplier reserves the right to deviate from certain provisions herein, based on negotiations with the Buyer, by establishing specific terms and conditions of sale.
David Chamba may also establish category-specific Terms and Conditions of Sale that differ from these General Terms and Conditions of Sale, depending on the type of Buyer in question, based on criteria that remain objective. Buyers who meet these criteria will then be subject to these category-specific Terms and Conditions of Sale.
Article 2 – Content
The purpose of these Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of services offered by David Chamba to the Buyer. They apply to the following service: Voice-Over Recording. These Terms and Conditions apply only to services provided in France for Buyers located within French territory. For any service performed outside of France, or for a Buyer located outside of France, this must be indicated in order to obtain a specific quote.
Article 3 - The Order
The Buyer places an order via email or using the form available on the website. By placing an order, the Buyer accepts the prices and descriptions of the services offered. In certain cases, such as non-payment, an incorrect address, or other issues with the Buyer’s account, David Chamba reserves the right to hold the Buyer’s order until the issue is resolved. If the service cannot be provided, the Buyer will be notified by email. For any questions regarding the status of a voice-over order, the Buyer should call +33 6 31532361, Monday through Friday from 9 a.m. to 6 p.m., or email davidchamba.voixoff@gmail.com
Article 4 - Electronic Signature
Article 5 - Order Confirmation
Article 6 - Proof of Transaction
Article 7 - Information on Services
The services governed by these Terms and Conditions are those listed on the Service Provider’s website and indicated as provided by David Chamba or under his supervision. They are offered subject to the Service Provider’s availability. The services are described and presented as accurately as possible. However, the Service Provider shall not be held liable for any errors or omissions that may have occurred in this presentation.
Article 8 – Fees
Calculation
Unless otherwise agreed, the fees for services are determined based on the number and experience of the staff required, as well as the level of expertise and responsibility needed; hourly rates are reviewed periodically. Travel, living, and accommodation expenses incurred in the performance of the services will also be billed, if applicable. VAT at the applicable rate will be added, where applicable, to fees and disbursements. Delays or other unforeseen issues beyond David Chamba’s control may result in additional fees, which may be subject to supplementary billing. David Chamba undertakes to inform the client of such delays and/or issues as soon as they arise so that their consequences can be assessed together. Invoices will be issued for services rendered and disbursements incurred on a provisional basis and as work is completed. Unless otherwise agreed, invoices are issued monthly. Invoices are due no later than the 30th day following the date the invoice is sent.
Late Payment Penalties
In accordance with the law, any late payment requires David Chamba to charge late payment penalties. The rate for late payment penalties is set at the minimum legal rate; late payment penalties will be equal to three times the legal rate; Furthermore, the debtor in default will be required to pay the Service Provider a flat-rate indemnity of €40 for collection costs; in addition, David Chamba may block the videos available online “for copyright infringement” until the unpaid invoice is settled in full, without this failure to perform being considered attributable to him.
Deposit
For orders of €500 or more, as defined above, a deposit shall be paid, calculated as follows: 50% of the price, unless otherwise agreed by the parties. Except in cases of force majeure, any cancellation of the order by the Buyer more than 15 days after the order date shall not give rise to a refund of this advance payment.
Article 9 - Payment Terms and Deadlines
Payment
Payment for the order must be made by bank transfer to the Service Provider’s bank account or via their PayPal account. David Chamba reserves the right to refuse to make a delivery or fulfill an order from a Buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently pending. Payments by check are not accepted.
Payment deadline
The price is payable in full and in a single installment within 30 days of the invoice being sent, unless the Buyer requests an extension. Any such extension will be specified on the invoice sent to the Buyer.
Late Payment
Any delay in payment shall result in the immediate due and payable status of all amounts owed to the Service Provider by the Buyer, without prejudice to any other action that David Chamba may be entitled to bring against the Buyer in this regard.
Article 10 - Response Times
Except in cases of force majeure or during periods of closure clearly announced on the website’s homepage, response times will be as indicated below, subject to the Service Provider’s availability. The response times begin on the date the order is recorded, as indicated in the order confirmation email.
For services provided in mainland France, the delivery time is 24 to 72 hours on business days, starting from the day after the Buyer places the order. In the event of a delay, the Service Provider shall not be held liable under any circumstances. Consequently, the Buyer may not claim any compensation of any kind.
If the Service Provider is unable to perform the service, the Buyer will be notified as soon as possible and will have the option to cancel their order. The Buyer will then have the option to request a refund of any amounts paid within 30 days of payment.
Article 11 - Terms of Service
Work will not begin until confirmation is received via email or telephone. The service will be provided within the timeframe specified on the order form or in the email, starting from the date David Chamba receives the confirmation. In the event of non-compliance with the payment terms set forth above, David Chamba may suspend or cancel the service. The service is performed in the Service Provider’s recording studio. Upon completion of the service, the audio files will be sent via email, WeTransfer, or any other platform capable of sending large files.
Article 12 - Service Provider’s obligations
The Service Provider’s commitments constitute an obligation of means, under which the services will be performed in strict compliance with accepted professional standards and, where applicable, in accordance with the terms of the contract. To this end, David Chamba will assign professionals with the necessary skills to perform the services in accordance with his quality standards.
Article 13 - Buyer’s obligations
To facilitate the proper performance of the services, the Buyer agrees:
– to provide the Service Provider with complete and accurate information and documents in a timely manner, without the Service Provider being required to verify their completeness or accuracy;
– to make decisions in a timely manner and obtain the necessary approvals from management;
– to designate a contact person with decision-making authority;
– to ensure that key contacts and the designated contact person are available throughout the performance of the services;
– to notify David Chamba directly of any potential difficulties relating to the performance of the services.
Article 14 - Information and Communication
The Buyer acknowledges and agrees:
– that the parties may, unless the other party expressly requests otherwise, correspond or exchange documents via email transmitted over the Internet;
– that neither party has any control over the capacity, reliability, accessibility, or security of such emails;
– that David Chamba shall not be held liable for any loss, damage, expense, or harm resulting from the loss, delay, interception, misappropriation, or alteration of any email caused by any event whatsoever.
In general, the parties undertake to comply with the regulations applicable to the protection of personal data, and in particular the provisions of Law No. 78-17 of January 6, 1978, on information technology, files, and civil liberties.
Confidential Information
Each party agrees not to disclose any confidential information received from the other party. Confidential information includes information of any kind—whether written, visual, or oral, and regardless of the medium—relating to the structure, organization, business affairs, internal policies, projects, and staff of either party.
Subject to the exceptions set forth below, this confidentiality obligation shall remain in effect for the following period: as specified in the contract, in accordance with the term of the services. The content of the services, as well as the reports, correspondence, information, notes, and quotes provided by David Chamba during the performance of the services, are also considered confidential. These documents are provided to the Buyer for strictly internal use and on the condition that they are not be disclosed to third parties or attached to any document the Buyer may produce. If the Buyer wishes for all or part of these documents to be disclosed to or used by a third party, the Buyer must request prior written authorization from David Chamba. The Terms and Conditions applicable to such disclosure will then be established.
Excluded Information
The obligations and restrictions set forth above do not apply to:
– confidential information that is in the public domain or was freely acquired prior to the commencement of the service;
– information that is or becomes known other than as a result of a breach of this section;
– information that is or becomes known through other sources not subject to a restriction on disclosure;
– or must be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require the disclosure of confidential information.
Subject to his confidentiality obligations, David Chamba reserves the right to provide services to companies that are competitors of the Buyer.
Article 15 - Intellectual Property
In the event that any of the Service Provider’s recommendations or the use of materials delivered pursuant to such recommendations involve the use of property, models, drawings, photographs, etc., subject to intellectual property rights belonging to third parties, David Chamba shall inform the Buyer of the existence of such rights and the consequences of their use. It shall then be the Buyer’s responsibility, and under their sole liability, to take all necessary measures to enable the use of such rights, in particular by negotiating on their own behalf the rights of use under conditions such that David Chamba is able to rely on them for the purposes of the services.
For the specific purposes of the services, David Chamba may use or develop software, including spreadsheets, documents, databases, and other IT tools.
In certain cases, these tools may be made available to the Buyer upon request. To the extent that these tools have been developed specifically for the Service Provider’s needs and without consideration of the Buyer’s own needs, they are made available to the Buyer for the duration of the contract “as is” and without any warranty, for the sole purpose of use; they shall not be distributed, shared, or disclosed to third parties, either in whole or in part. This temporary provision shall not entail any transfer of rights or warranties, of any kind, to the benefit of the Buyer or any third party.
David Chamba reserves all rights, titles, and interests in:
– the original elements contained in the work, documents, memos, consultations, opinions, conclusions, or other procedural documents, etc., produced in connection with the services, including, but not limited to, any copyrights, trademarks, and any other intellectual property rights related thereto;
– all methods, processes, techniques, developments, and know-how, whether or not incorporated into the services, or that David Chamba may develop or provide in connection with the services.
The Buyer may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by David Chamba and incorporated into his work. The Buyer shall refrain from distributing, marketing, and more generally making available or granting the use of these same works and, more generally, granting the use of these same elements to third parties without the Service Provider’s consent. Neither party may mention or use the other party’s name, trade name, trademarks, logos, or other designations, whether commercial or not, without the latter’s prior written consent.
Notwithstanding the foregoing, David Chamba may use the Buyer’s name, trade name, trademarks, and logos during the term of the contract to the extent strictly necessary for the performance of the services, including in proposals for future services. Furthermore, the Buyer authorizes David Chamba, upon completion of the services, to cite the Buyer’s name/business name as a reference and to accompany such citation, where applicable, with a general description of the services performed.
Copyright
It is strictly prohibited to use David Chamba’s voice-over recordings to train algorithms or to create a synthetic reproduction of his voice for text-to-speech technology and/or artificial intelligence programs, or to sell or distribute the recordings for such purposes to third-party companies, without the Service Provider’s explicit, informed, and prior consent.
Article 16 – Documents
David Chamba shall retain the original documents provided to him and shall return them to the Buyer upon request. All documents, data, or information provided by the Buyer shall remain the property of the Buyer, except for exploitation rights. David Chamba shall only retain a copy of the documents necessary for the creation of his working files. The working documents prepared in connection with the services are our property and are covered by professional secrecy.
Article 17 – Independence
In the event of a conflict of interest or an issue of independence arises during the performance of the services, David Chamba shall immediately inform the Buyer and shall work with them to find the most appropriate solution to the situation in accordance with the applicable rules. In particular, if a change in regulations or professional standards prevents the Service Provider from continuing to provide the services, he shall make the results of the services and all documents necessary for their completion, including his documents in their current state, available to the Buyer in order to facilitate their continuation by a third party.
Article 18 – Service Provider’s liability
The entire liability of David Chamba and his employees for any breach, negligence, or fault identified during the performance of the services shall be limited to the amount of the fees paid for the services in question, in order to cover claims of any kind (including interest and costs), regardless of the number of actions, grounds invoked, or parties to the disputes.
This provision shall not apply to liability for death or personal injury, nor to any other liability that the law prohibits from being excluded or limited.
The Service Provider shall only be held liable in the event of proven fault or negligence and shall be limited to direct damages, excluding any indirect damages of any kind.
Furthermore, the Service Provider cannot be held liable in the following cases:
– following a breach or deficiency in a product or service for which neither the Service Provider nor its subcontractors are responsible for supplying or delivering;
– for facts and/or data that do not fall within the scope of the services and/or are not an extension thereof;
– in the event of use of the results of the services for a purpose or in a context other than that for which they were intended, incorrect implementation of recommendations, or failure to take into account the Service Provider’s reservations.
David Chamba and its insurers shall not be liable for indirect damages, loss of earnings or loss of opportunity or expected profits, or the financial consequences of any actions brought by third parties against the Buyer.
Article 19 – Warranty
David Chamba guarantees the Buyer against any lack of conformity of the services and any hidden defects resulting from a design or supply fault in the said services, excluding any negligence or fault on the part of the Buyer. In any event, if the Service Provider is held liable, the Service Provider’s guarantee shall be limited to the amount paid by the Buyer for the provision of the services, excluding tax.
Article 20 - Transferability and subcontracting
David Chamba reserves the right to transfer all or part of the performance of the services to service providers meeting the same qualification requirements. If the service requires specific technical skills, David Chamba will inform the Buyer of the possibility of subcontracting part of it. The subcontractor will then act under the sole responsibility of the Service Provider and will undertake to keep confidential all information that comes to its knowledge in the course of providing the services.
Article 21 - Complaints
All complaints, whether amicable or legal, relating to the performance of services must be made within one year of the end of the service provision.
Article 22 - Right of withdrawal
As the Buyer is a professional purchasing within the framework and for the purposes of their profession, the right of withdrawal provided for by the French Consumer Code does not apply.
Article 23 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exemption from the parties’ obligations and shall result in their suspension. The party invoking the above circumstances must immediately notify the other party of their occurrence and of their disappearance.
Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure. In addition to those usually retained by the jurisprudence of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events, the list not being exhaustive:
Social conflicts, strikes, blockages of means of transport or supplies, for any reason whatsoever, earthquakes, fires, storms, floods, lightning, war, terrorism, civil war, power outages (e.g., widespread Internet outages), major technical disruptions, telecommunications network outages, or difficulties specific to telecommunications networks external to customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these General Terms and Conditions may be terminated by the injured party.
Article 24 - Partial invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect.
Article 25 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 26 - Title
In the event of any difficulty in interpreting any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 27 - Protection of personal data
Data collected
Communication: when the website is used to communicate with other members, data relating to the user’s communications is temporarily stored.
Use of personal data
The personal data collected from users is used to provide the website’s services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the functioning and optimization of the website;
– organization of the conditions of use of payment services;
– verification, identification, and authentication of data transmitted by the user;
– offering the user the possibility of communicating with other users of the website;
– implementation of user support;
– personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
– prevention and detection of fraud, malware (malicious software), and management of security incidents;
– management of any disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services, for the implementation of these services;
– when the user publishes information accessible to the public in the free comment areas of the website;
– when the user authorizes a third-party website to access their data;
– when the website uses the services of providers to provide user support, advertising, and payment services. These providers have limited access to user data in the context of performing these services and are contractually obligated to use it in accordance with the provisions of applicable regulations on the protection of personal data;
– if required by law, the website may transmit data in order to respond to complaints made against the website and to comply with administrative and judicial procedures;
– If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be notified before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Exercising user rights
In accordance with the regulations applicable to personal data, users have the rights listed below, which they can exercise by sending a request to the following address: davidchamba.voixoff@gmail.com.
The right of access: they may exercise their right of access to find out what personal data is held about them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
The right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
Right to erasure: users may request the erasure of their personal data in accordance with applicable data protection laws.
Right to restriction of processing: users may request that the website restrict the processing of personal data in accordance with the provisions of the GDPR (General Data Protection Regulation).
The right to object to data processing: users may object to their data being processed in accordance with the provisions of the GDPR.
The right to portability: they may request that the website provide them with the personal data they have supplied so that they can transfer it to a new website.
Changes to this clause
The website reserves the right to make changes to this clause relating to the protection of personal data at any time. If a change is made to this clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option of deleting their account.
Article 28 - Applicable law
These General Terms and Conditions are subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services. If they are unable to do so, the parties shall submit the dispute to the competent commercial court.
These GTC for services were created by R. Lawyer.