Terms of sale

Service provider

• NOP AGENCY, SASU (simplified joint-stock company with a single shareholder) with a share capital of €100.00
• Registered office: 20 rue des Vergetiers, 76000 Rouen, France
• RCS Rouen 940 034 572, SIRET 940 034 572 00021
• EU VAT number: FR30940034572
• President: Nicolas Papin
• Contact: 3d@nicolaspapin.fr
• Phone: +33 7 59 58 34 59
• Website: https://nicolaspapin.fr

Preamble

These General Terms and Conditions of Sale (the "Terms") set out the rights and obligations of NOP AGENCY, SASU (hereinafter "NOP AGENCY" or "the Provider"), and its client (hereinafter "the Client") for the sale of creative and digital services, as one-off services.

The services are offered exclusively to businesses (B2B). The Client declares that it acts for professional purposes. NOP AGENCY does not contract with consumers.

Any order or service performed by NOP AGENCY implies acceptance of these Terms, subject to the specific conditions of the accepted quote, which prevail. These Terms are the complete version in force.

Version in force as of October 29, 2026.

Article 1. Quote acceptance

The quote is deemed accepted and binding once it is:

• signed (electronically or by hand) by the Client, and/or
• accepted in writing (email, written message serving as proof) clearly stating agreement to the quote.

From that acceptance, the quote is contractually binding. Any later request for change or cancellation requires NOP AGENCY's written agreement and may lead to a new quote or additional invoicing.

Article 2. Payment terms

For one-off services: a deposit of fifty percent (50%) of the total amount of the quote is required when the quote is signed, before any work begins. The balance is invoiced on final delivery of the Deliverables, unless a schedule is set out in the quote, and is payable under the conditions of article 8. If the deposit is not paid within seven (7) days, the order lapses.

This advance payment allows NOP AGENCY to cover, in particular:

• the necessary software and licences;
• the purchase of assets (photos, videos, fonts, graphic elements, etc.);
• render farm or technical infrastructure costs;
• any other expense related to the proper performance of the project.

No service begins until the amount due (deposit or full amount, as per the quote) has actually been received.

Article 3. Payment methods

Services are paid by:

• bank transfer (details given on the quote or invoice);
• and/or any other method accepted and specified by NOP AGENCY.

Unless otherwise agreed in writing, no other payment method is accepted.

Article 4. Client availability and cooperation

The Client undertakes to be present, available and responsive throughout the service, in particular to:

• provide the necessary materials (texts, images, briefs, information);
• appoint a single contact person authorised to approve;
• approve proposals and respond to requests for feedback;
• guarantee ownership of rights and the lawfulness of the content provided.

If the Client does not respond for more than 7 calendar days after a written reminder from NOP AGENCY, the Provider may:

• suspend the service;
• invoice the work completed at that date.

Any delay attributable to the Client postpones deadlines by an equivalent period, without liability for NOP AGENCY.

Article 5. Day rate and pricing

The day rate is based on 7 to 8 hours of work per day. The exact rate depends in particular on the complexity, the nature of the project and its urgency.

Benchmarks published on the website: the online estimate calculates an indicative range based on €400 excl. VAT per day, and 3D set design starts from €300 excl. VAT. These benchmarks are not a quote.

The applicable rate is the one stated in the quote accepted by the Client.

Any additional service, substantial change or request outside the initial scope will lead to an additional quote subject to approval.

Article 6. Number of revisions

The service includes a number of revisions stated in the quote or agreed with the Client. Unless otherwise stated:

• revisions apply only to the final version delivered;
• each change request must be made within 7 days of delivery of the deliverable;
• after that period, any new request may be treated as a new service and invoiced in addition.

If the quote does not specify, two (2) revisions per deliverable are included.

Article 7. Order completion and acceptance of deliverables

The order is deemed complete:

• once the final versions (images, videos, texts, digital deliverables, etc.) have been delivered to the Client;
• or if the Client does not respond within 7 days of delivery.

After this 7-day period without feedback, the deliverables are deemed accepted without reservation, and the final invoice (if not yet issued) is then issued and payable.

Article 8. Payment and late payment

Unless a due date is set out in the quote, the invoice is payable within 15 days of its issue date.

In accordance with articles L.441-10 and D.441-5 of the French Commercial Code, in the event of late payment:

• late payment penalties apply automatically, at an annual rate of three (3) times the French statutory interest rate in force, calculated on the amount including VAT in proportion to the number of days late;
• a fixed indemnity of €40 for recovery costs is due (article D.441-5 of the French Commercial Code);
• additional compensation may be claimed on proof if actual costs exceed this amount.

No discount is granted for early payment.

In the event of non-payment, NOP AGENCY reserves the right to suspend any ongoing service and to take the necessary recovery action.

Article 9. No refund (digital services)

The services provided by NOP AGENCY are intangible, personalised and custom-made. Consequently, once the service has started on the basis of an accepted and paid quote, no refund may be claimed, except in the event of non-performance attributable to NOP AGENCY or an exceptional commercial arrangement granted by NOP AGENCY.

As this contract is concluded between professionals (B2B), the right of withdrawal under the French Consumer Code does not apply, except in the cases provided for by article L.221-3 of that code.

As a commercial gesture, a 14-day grace period is granted, which ends as soon as performance begins (sending of preparatory materials, meeting, transfer of files).

Article 10. File retention and validity

Final delivered files (exports) are kept by NOP AGENCY for 2 years from final delivery. Production files (source projects, working files, etc.) are also kept for up to 2 years, with no guarantee beyond that.

After that period, NOP AGENCY will permanently and irreversibly delete all files, without notice. The Client undertakes to back up its deliverables.

Final delivered files may be returned on written request within 15 working days, subject to full payment. Source files remain subject to article 11.

Article 11. Copyright and intellectual property

Works produced by or for NOP AGENCY (visuals, videos, texts, mock-ups, websites, etc.), in-house or through subcontractors, are protected by the French Intellectual Property Code. NOP AGENCY holds or acquires the exploitation rights to them.

Until the invoice is paid in full, all creations remain the exclusive property of NOP AGENCY and any use by the Client (distribution, publication, modification, resale, self-promotion, etc.) is strictly prohibited.

After full payment, NOP AGENCY assigns to the Client, on a non-exclusive basis, the rights of reproduction, representation and adaptation of the deliverables, for the media, purpose, territory and duration stated in the quote or contract (art. L.131-3 of the French Intellectual Property Code). If not specified: worldwide and for the term of copyright protection.

The author's moral right remains (art. L.121-1 of the French Intellectual Property Code).

Source files (PSD, AI, AE, C4D, BLEND, etc.) remain the exclusive property of NOP AGENCY, unless otherwise agreed in writing with additional remuneration.

NOP AGENCY may show the deliverables in its portfolio (website, social media) after their public release by the Client, unless the Client objects in writing or the quote provides otherwise.

Any unauthorised or non-compliant use (including before payment) may lead to legal action. Content of the website itself is governed by the Copyright page.

Article 12. Human creation and limited use of AI tools

NOP AGENCY undertakes that its services are designed and produced by human creatives.

Occasional use of AI tools is limited to technical support tasks (scripts, moodboards, upscaling, FPS optimisation) under constant human supervision, in exceptional circumstances of very short deadlines.

Under no circumstances is the main element of a deliverable generated by generative AI.

Article 13. Subcontracting

NOP AGENCY may use subcontractors. NOP AGENCY retains art direction and quality control. Direct contact with subcontractors is prohibited without prior written agreement.

Article 14. Confidentiality

Mutual confidentiality applies to all technical, commercial, financial or strategic information exchanged, for 2 years after the end of the contract.

The Client's personal data is processed in accordance with the privacy policy.

Article 15. Liability and limitation

NOP AGENCY is bound by an obligation of means (reasonable efforts), not an obligation of result.

NOP AGENCY's liability is capped at the amount of the quote.

Indirect damages (loss of revenue, profits, clients, data, reputation) are excluded.

These limitations do not apply in the event of gross negligence or wilful misconduct.

Delivery times are indicative.

Article 16. Force majeure

Force majeure is understood within the meaning of article 1218 of the French Civil Code. The affected party gives notice within 48 hours. If the impediment lasts more than 60 days, the contract may be terminated without compensation.

Article 17. Non-solicitation

During the contract and for 12 months after it, the Client shall not solicit, hire or engage any team member, collaborator or subcontractor of NOP AGENCY who took part in the services performed for the Client.

In the event of breach, the Client shall pay, as a penalty clause, a fixed indemnity of 50% of the amount of the last quote.

Article 18. Governing law and jurisdiction

These Terms are governed by French law.

In the event of a dispute, the parties will first seek an amicable solution (30 days). Failing that, the parties undertake to submit their dispute to contractual mediation (CMAP, 60 days).

This prior step does not apply to actions to recover unpaid invoices or to urgent or protective measures.

Where the Client is a trader (commerçant), the Commercial Court of Rouen (tribunal de commerce de Rouen), or the court that succeeds it, has exclusive jurisdiction. Otherwise, the ordinary rules of jurisdiction apply.