1. Scope of application
These General Terms and Conditions of Services (GTC) apply to all services provided by 351 EPOK, LDA [trade name: DIVELINE PRODUCTION] (hereinafter “EPOK”), whether arising from a main quotation or from addenda. The accepted quotation and these GTC together constitute the contract between EPOK and the Client (hereinafter “the Client”). Any order implies full and unconditional acceptance of these GTC.

2. Prices and revision
The prices indicated in the quotation cover only the services expressly mentioned.
They may be revised:
- in the event of modification of the brief, synopsis, script, storyboard, schedule, or technical requirements,
- in the event of a request for additional work by the Client,
- in the event of changes in applicable exchange rates or wage scales. Any revision will give rise to an additional quotation or a new quotation submitted for the Client’s prior approval.

3. Additional costs
Any modification requested by the Client after validation of creative or technical elements (brief, storyboard, script, post-production, etc.) shall result in the invoicing of corresponding additional costs, including the production margin. Where elements provided or imposed by the Client (products, locations, sets, actors, etc.) are non-compliant, delay production, or generate additional costs, such additional costs shall be borne by the Client.

4. Payment terms
50% of the quotation amount upon project confirmation.
40% no later than 5 working days before the first day of shooting.
Balance (based on actual costs and additions) within 14 days after final closing.

For international shoots, 100% of local expenses payable in cash must be paid 10 days before the shoot.
In the event of late payment, the following shall apply:
- late payment penalties at the legal rate (ECB rate + 10 points),
- a fixed indemnity of €40 for recovery costs.
Payment terms between the advertiser and the agency are not enforceable against EPOK.

5. Technical crew and overtime
The standard working day is 10 hours (10 hours work + 1 hour lunch).
Overtime is billed at 1.5x the hourly rate.
A minimum rest period of 10 hours must be respected. Failing this, one hour of overtime is billed per missing hour.
Travel days are billed at 50% of the daily rate.
The working day starts upon departure from the hotel or office if the set is more than 30 minutes away.
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Night shoots: surcharge for hours worked between 22:00 and 06:00 (for the technicians concerned).
Weekends: no surcharge.
Public holidays: billed at 1.5x the daily rate.

6. Insurance
Our quotations include only:
Mandatory public liability insurance.
- Professional liability (errors and omissions).
- Workers’ compensation insurance in accordance with applicable legislation.
- Equipment insurance by rental companies.
- Vehicle insurance by rental companies.Any other risk (including cancellation, “weather day”, “no show” of a contributor, business interruption, etc.) must be covered by insurance taken out by the Client.
Use of the LED studio and its facilities requires the Client to take out specific insurance covering any damage or loss affecting this equipment (see article 7).

7. Use of the studio and LED Wall
The studio and LED screen made available by EPOK are considered sensitive and high-value equipment.

Liability
The Client is responsible for any person it appoints as well as the subcontractors of its appointees (service providers, technicians, talents, visitors, etc.) and for any damage caused to the studio, LED screen, or associated equipment during the period of use.
In the event of deterioration or damage, repair or replacement costs shall be borne in full by the Client.

Insurance
The Client undertakes, prior to use of the studio, to take out:
insurance covering accidental, voluntary, or involuntary damage that may be caused to the LED screen and studio facilities, for a minimum amount of €3,000,000 (three million euros) per claim,insurance covering its civil liability toward third parties present in the studio.
An insurance certificate specifying this amount must be provided to EPOK before the start of studio use.

Proper use
The Client undertakes to use the screen and facilities only within the scope defined by the quotation or contractual agreement.
Any use outside this scope (unauthorized tests, non-compliant connections, installation of sets or accessories likely to damage the screen, etc.) engages the Client’s liability.

Exclusion of EPOK liability
EPOK shall not be held liable for:
- damage caused by a contributor recruited or appointed directly by the Client,
- interruptions or degradation linked to improper use of equipment by the Client or its service providers,
- financial consequences resulting from a shutdown or inability to use the studio due to an incident caused by the Client.

8. Ownership and storage of masters
Ownership of masters, rushes, or source files is transferred to the Client only after full payment of the price.
Unless otherwise agreed, EPOK retains rushes and masters for a maximum period of 1 month. After this period, the Client shall ensure their storage.

9. Intellectual property and rights
Subject to full payment, EPOK assigns to the Client the exploitation rights of the film(s) within the limits of the quotation (duration, territories, media).
Any other exploitation (territory extension, duration, additional media) must be subject to a specific assignment.
EPOK retains ownership of all rights not expressly assigned.
The Client is responsible for elements it imposes or provides (scripts, logos, music, sets, locations, talents, etc.). EPOK delivers the films free of rights only for the uses provided for in the quotation.

10. Confidentiality and communication
EPOK undertakes to respect the confidentiality of information relating to the project.
Once the film has been released, EPOK may nevertheless use excerpts or versions of the film for non-commercial communication purposes (showreel, website, festivals, professional networks), unless the Client has provided prior written refusal.

11. Limitation of liability
EPOK’s liability, on any grounds whatsoever, is limited to the amount excluding VAT of the quotation.
The following shall not be considered faults attributable to EPOK:
- delays due to force majeure (strike, bad weather, pandemic, etc.),
- postponements related to weather conditions (“weather day”),
- “no show” or failure of a talent, technician, or service provider hired or appointed directly by the Client.Additional costs linked to these situations remain the responsibility of the Client, who must take out the necessary insurance (including “weather day” and “no show” insurance) to cover such risks.

12. Cancellation and postponement
Cancellation more than 10 days before the shoot: no charge (except named confirmations or specific requests by the Client: locations, sets, talents, etc.).
Cancellation between 10 days and 48 hours: 50% of the amount excluding VAT.
Cancellation between 48 hours and 24 hours: 75% of the amount excluding VAT.
Cancellation less than 24 hours: 100% of the amount excluding VAT.
In the event of postponement, costs already incurred remain payable. Additional costs will be calculated on a case-by-case basis depending on the project, locations, and availability of teams and talents.

13. Governing law and jurisdiction
These conditions are governed by Portuguese law. Any dispute falls under the exclusive jurisdiction of the Portuguese courts, unless otherwise agreed in writing.

1. Legal Information
Company Name: 351 EPOK
‍Legal Form: LDA
‍Tax Identification Number (NIPC / NIF): PT519091183
‍Registered Office: Avenida do Atlântico, N.º 16, 1990-019 Lisboa, Portugal
‍Share Capital: 1.000€
‍Contact: contact@epok351.com
‍Publication Director: EMELINE OLIVEIRA
‍Website Hosting Provider: HOSTINGER, Jonavos g. 60C, 44192, LITHUANIA

‍2. Purpose of the Website
‍This website aims to provide information about the services offered by 351 EPOK LDA and to facilitate contact with our team.
By accessing this website, the user accepts these legal notices in full.

‍3. Terms of Use
‍Access to the website is free of charge.
The user agrees to use the site in a fair and lawful manner and to refrain from any action that may disrupt its operation.
Any reproduction, representation, or distribution, even partial, of the site’s content without prior written consent from 351 EPOK LDA is prohibited.

‍4. Limitation of Liability
351 EPOK LDA makes every effort to ensure the accuracy of the information on this website but cannot guarantee the absence of errors or omissions.
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We shall not be held liable for:
- Temporary interruption or unavailability of the website
- Improper use of the content by the user
- Indirect damages resulting from the use of the website

‍5. Intellectual Property
‍All elements of the website (texts, images, videos, graphics, logos, trademarks, etc.) are protected by Portuguese and French intellectual property laws.
Any unauthorised reproduction is strictly prohibited.

‍6. Personal Data Protection
Data Controller: 351 EPOK LDA
Personal data collected through the site (contact forms, newsletter subscription, etc.) is used solely to respond to requests or to provide information about our services.
‍Legal basis: consent or performance of a contract
‍Data retention period: 1 year
‍User rights: You have the right to access, rectify, erase, restrict, and object to the processing of your data by contacting us at contact@divelineproduction.com .
‍Supervisory authority: Comissão Nacional de Proteção de Dados – www.cnpd.pt

‍7. Cookies
‍This website uses essential technical cookies for its proper functioning and, with your consent, cookies for analytics and/or marketing purposes.
You can manage your preferences at any time via the consent banner displayed on your first visit.

‍8. Applicable Law and Jurisdiction
‍These legal notices are governed by Portuguese law.
Any dispute related to the use of this site shall be subject to the exclusive jurisdiction of the courts located at the company’s registered office, unless otherwise required by mandatory law.