General conditions of sale – Akidel, btob growth.

AKIDEL offers online digital marketing services.

The CUSTOMER wishes to use the services provided by AKIDEL as described in the special conditions appended to the General Conditions of Sale

The CUSTOMER, after having read their respective characteristics, wished to subscribe to the services offered by AKIDEL.

Object

The General Conditions of Sale are intended to define the legal conditions under which AKIDEL provides the services described in the Special Conditions.

The provision of services is subject to the conclusion of Specific Conditions.

The Parties agree that the conditions defined under the General Conditions of Sale are implemented and apply within the framework of the execution of the Special Conditions.

The same applies to any Special Conditions subsequently signed between the Parties and corresponding to new services requested by the CLIENT.

 

1° Definitions

In all contractual documents, the terms defined below shall be understood to mean the meaning of their definition:

SOLUTION: ONLINE APPLICATION? AKIDEL

CAMPAIGN : Operation which consists in promoting a brand, a product or a service by means of a message via communication media.

RECIPIENT : Any natural or legal person receiving an electronic message on behalf of the CLIENT.

CONTENT : Any information or multimedia content appearing in any database, electronic newsletter, model, message or other similar document provided by the CLIENT to AKIDEL to serve as an element of the CAMPAIGN.

DATA : Set of PERSONAL and NON-PERSONAL DATA.

PERSONAL DATA : Any information relating to a RECIPIENT defined as such by the Law of August 6, 2004 amending the Data Protection Act of January 6, 1978, including? in a non-exhaustive way: The complete electronic address of the RECIPIENT, composed of a user name and a domain name, separated by the character @, the surname and first name, the complete postal address of the RECIPIENT

NON-PERSONAL DATA : Any information relating to a RECIPIENT of which AKIDEL is aware and which does not meet the definition of "PERSONAL DATA" as mentioned in the Law of August 6, 2004 amending the Data Protection Act of January 6, 1978.

FILE : Any DATA (personal or not) or information including, but not limited to, a name, an e-mail address, a postal address and any related information, collected by a client and communicated by the RECIPIENTS who have consented to receive E-mail CAMPAIGNS of the CLIENT and/or its partners

BLOCKING MALFUNCTION : Any malfunction attributable to AKIDEL making it impossible to use all the features of the development

SEMI-BLOCKING MALFUNCTION : Any malfunction attributable to AKIDEL that only allows the operation of the development for part of its functionalities

NON-BLOCKING MALFUNCTION: Any malfunction attributable to AKIDEL allowing the continuation of the full exploitation of the development in all of its functionalities, but by means of unusual procedures

DELIVERABILITY : Ability to send recipients whose address is valid emails to the inbox.

 

2° Obligations of AKIDEL

• Provision of the AKIDEL solution

AKIDEL undertakes to make the SOLUTION available within the framework of a right of use. As such, AKIDEL grants the CUSTOMER a personal, non-exclusive and non-transferable right to use the SOLUTION. This right is granted only within the framework of the use of the Services and for the duration of the Services.

This concession of rights does not entail the transfer of any intellectual property rights for the benefit of the CLIENT, AKIDEL retaining full and entire ownership of the SOLUTION and the elements that compose it.

2.2 Provision of services (description in the Specific Conditions)

With regard to the nature of the Services and Services provided, it is expressly specified that AKIDEL is bound by an obligation of means.

AKIDEL agrees to :

• Guarantee that the services comply with the specifications and services announced and usable as such;
• Make every effort to ensure the permanence, continuity and quality of the services offered through L? ONLINE APPLICATION , AKIDEL; accordingly, AKIDEL will endeavor to offer access to the servers 24 hours a day, 7 days a week;

? Provide a technical support service, Monday to Friday from 10:00 a.m. to 5:00 p.m.;

• Provide the CUSTOMER with the computer access necessary for the use of the service(s) and in general will do everything possible to allow the normal use of the service(s) by THE CUSTOMER
• Ensure the control and maintenance of the ONLINE APPLICATION - AKIDEL
• Provide, where mutually agreed, professional services

AKIDEL reserves the right to exceptionally and briefly suspend accessibility to the services of THE ONLINE APPLICATION, AKIDEL for possible maintenance or improvement interventions in order to ensure the proper functioning of its services.

AKIDEL will inform the CUSTOMER, as far as possible, by email or via THE ONLINE APPLICATION, AKIDEL, of the due date and deadlines for these interventions.

2.3 Provision of the maintenance service for specific developments

TALENT DIGITAL undertakes to provide a maintenance service on the developments delivered and hosted in the SOLUTION during the execution hereof.

TALENT DIGITAL undertakes to carry out maintenance services from the date of signature of the contract or after the delivery of the development with diligence and in such a way as to disrupt the CLIENT?s operation as little as possible.

The maintenance service is carried out on all the developments delivered by TALENT DIGITAL throughout the duration of the contract or throughout the life of the development.

As part of the maintenance service, TALENT DIGITAL undertakes:

• To correct any BLOCKING, SEMI-BLOCKING or NON-BLOCKING MALFUNCTION (or bug)
• To check or revise the hosting environment of the development carried out on behalf of the CLIENT

• To monitor the proper execution of developments and scripts delivered.
• To restore the development to good operating condition following an incident caused by a malfunction of the development, unless this incident is due to improper handling of the development.

More generally, TALENT DIGITAL ensures that the development and scripts covered by the contract are maintained in good working order.

Services that are not expressly included in the list above may be provided as additional services and invoiced in addition to the maintenance service.

Cannot be included in the maintenance under any circumstances:

• The developments necessary for the updating, the evolution of the development or the ONLINE APPLICATION
• Improving the functionality or performance of the development or the TALENT DIGITAL ONLINE APPLICATION.
• The supply of new versions of the development or the TALENT DIGITAL ONLINE APPLICATION

The aforementioned services will be the subject of a new estimate or contract.

In addition, TALENT DIGITAL will not be required to provide the maintenance service if, in general, the CLIENT does not comply with its obligations under the contract.

In return for the services performed, the CLIENT will be invoiced at a flat rate at the start of each contractual period. Exceptionally and at the CLIENT's request, the development maintenance service may be invoiced monthly.

The cost of maintenance is invoiced according to the pricing in force in the special conditions.

2.4 Deliverability (E-MAILING module)

TALENT DIGITAL will make every effort to ensure the best possible deliverability of CAMPAIGNS, in particular by

• Monitoring of CAMPAIGNS in order to minimize the risk of blacklisting on the main Webmailers;
• A privileged relationship with the main Internet Service Providers (ISP) and a whitelisting agreement with some of them. In this context, the CUSTOMER undertakes to collaborate with TALENT DIGITAL to maintain the best possible relations with the ISPs in order to allow the delivery of e-mails from THE CAMPAIGN
• An evolution of TALENT DIGITAL tools to comply with standards and best practices in terms of deliverability.

3° Obligations of the CLIENT

The CUSTOMER agrees to:

• Use the service in accordance with the operating instructions communicated by TALENT DIGITAL and it will be solely responsible for the harmful consequences of non-compliant use
• Communicate any difficulties to TALENT DIGITAL in order to allow them to be taken into account as quickly as possible
• Communicate the information requested or necessary for the execution of the campaigns
• Designate a contact manager with the service provider
• Use the customer request management system accessible via THE TALENT DIGITAL ONLINE APPLICATION, for all requests related to the services provided by TALENT DIGITAL. Requests that will not be issued via this interface will not be taken into account.

In particular, the CLIENT's employees will have access to THE TALENT DIGITAL ONLINE APPLICATION after authentication by entering their username and password provided by TALENT DIGITAL. The CUSTOMER undertakes to keep this username and password secret and not to disclose them in any form whatsoever to persons other than those in charge of using the services provided by TALENT DIGITAL.

The CUSTOMER is solely responsible for the use of the username and password that TALENT DIGITAL has sent to him. Any connection to the service or transmission of data made using a CLIENT password or identifier will be deemed to have been made by one of its employees. In the event of loss or theft of a password or an identifier, the CUSTOMER undertakes to notify TALENT DIGITAL, without delay, by electronic messaging (E-mail).

TALENT DIGITAL reserves the right during the performance of the contract to change these username and password for technical or security reasons. In this case, TALENT DIGITAL will inform the CUSTOMER of these modifications and will communicate to him the new identifiers and passwords as soon as possible.

In addition, the CUSTOMER undertakes, and throughout the execution of the Present, to:

• Respect all the provisions of law n° 78-17 of January 6, 1978 as modified by the law of August 6, 2004, relating to data processing, files and freedoms.

And in particular without this list being exhaustive:

• To obtain the prior consent of persons who are to be canvassed by e-mail of an advertising nature;
• To authorize the RECIPIENTS to exercise, free of charge, their individual rights of access, rectification and deletion of information concerning them;
• Not to conceal the identity on whose behalf the communication is issued and to mention an object unrelated to the provision or service offered.

• To include a visible and effective unsubscribe link for all commercial electronic messages sent from the TALENT DIGITAL Platform
• To regularly update their FILE (taking into account requests for modification or deletion of PERSONAL DATA from RECIPIENTS)

In this respect, TALENT DIGITAL reserves the right to suspend the services of CUSTOMERS who do not respect, in any way whatsoever, the Data Protection legislation in force as well as the ethical rules dictated by TALENT DIGITAL and to require the CLIENT that it complies with computer rules and Freedoms.

 

4° Invoicing and terms of payment

The CLIENT agrees to pay TALENT DIGITAL for the services indicated in the Special Conditions in accordance with the payment terms set forth herein.

TALENT DIGITAL offers its customers three subscription formulas with commitments varying from 3 months to 6 months, renewable tacitly on the platform at D+30 from the subscription date.

The customer is free to stop his subscription whenever he wishes after the months of commitment mentioned. The sums are expressed excluding taxes.

This contract will be automatically renewed, by application of the principle of tacit renewal, on the anniversary date of the contract unless expressly terminated in accordance with the provisions set out below.

4.1 ?Contract regime

4-a) Duration of the contract, Effective date
This service contract is established for a minimum period of 3 months (three consecutive months) or 6 months depending on the offer chosen, and takes effect from the date of payment of the first installment.

4-b) Renewal: Tacit renewal
This contract will be automatically renewed, by application of the principle of tacit renewal, on the expiry date or anniversary date of the contract unless expressly terminated in accordance with the provisions set out below.

4-c) Terms of denunciation / termination
Regular denunciation on anniversary date:
Each year, each of the parties has the possibility of terminating this contract and terminating it in accordance with the following terms:
? Notice of at least 30 days before the expiry or anniversary date of the contract
? Denunciation directly on the customer's account in the payment page

Termination of contract by mutual agreement
In the event of mutual agreement, the parties may at any time choose to terminate this contract.

Termination for non-performance of obligations:
In the event that one of the parties does not respect its contractual obligations, the other party may validly submit its observations, denounce the contract and obtain early termination by respecting the following terms:
? Minimum 30 days notice

During the execution of the Present, the CUSTOMER may be granted a price reduction in the form of a commercial discount. If the commercial discount is greater than the sum of one thousand five hundred euros excluding tax (€1,500 excluding tax), TALENT DIGITAL reserves the right to spread the discount over twelve (12) monthly installments of the same amount.

The sums due under the contract by the CLIENT are the subject of invoices established on the last day of each month, in arrears, which must be paid, net of any discount, thirty (30) days from the date of establishment of the Invoice. Any month started is due in full. The CUSTOMER shall pay TALENT DIGITAL the sums invoiced in full, to the address indicated on the invoice. Respecting the payment dates for all sums due to TALENT DIGITAL is an essential obligation of the CLIENT under the contract.

The CUSTOMER has a period of two (2) months from the issue of the invoice to contest it. After this period, any request for contestation will be declared inadmissible and the CUSTOMER undertakes to pay the invoice as soon as possible.

In the event of dispute of an invoice, the CUSTOMER sends in writing (registered letter, simple letter or e-mail) to TALENT DIGITAL all the elements likely to justify his complaint.

In the event of a dispute relating to part of the invoice, the CUSTOMER undertakes to pay all the sums which are not the subject of dispute.

In the event of late payment beyond the due date indicated on the invoice, TALENT DIGITAL will give notice to the CLIENT by e-mail or by post.

The total or partial non-payment of the invoices will automatically result in the forfeiture of the term of all the invoices issued. All invoices will therefore be due immediately from their date of establishment, until they have been paid in full.

Without prejudice to TALENT DIGITAL's other rights, in particular termination, TALENT DIGITAL reserves the right to demand the payment of daily late payment interest in the event of total or partial non-payment of an invoice by its payment deadline without ?there is need to accomplish formalities.

In accordance with the law for the modernization of the economy of August 4, 2008, interest will be equal to the interest rate applied by the European Central Bank in force on the day when payment is due.

In this case, late payment interest will be payable from the day following the due date of the invoice up to and including the day on which the amount owed by the CLIENT will be paid in full to TALENT DIGITAL. This interest will continue to run on the amounts due notwithstanding the termination of the contract for any reason whatsoever.

In the event of non-payment of invoices when due, any collection costs will be borne by the CUSTOMER who is obliged to do so.

In accordance with Law No. 2012-387 of March 22, 2012 relating to the simplification of the law and the alleviation of administrative procedures, the CLIENT in a situation of late payment will be automatically liable to TALENT DIGITAL for? a fixed indemnity, for recovery costs, in the amount of forty euros (40?) per invoice not settled within a maximum period of sixty days from the date of issue of the invoice.

If the recovery costs incurred are greater than the amount of this compensation, TALENT DIGITAL will be able to ask the CLIENT for additional compensation on proof of the costs incurred.

In the event of total or partial non-payment of an invoice by the payment deadline, after a formal notice that has remained without effect, and in the absence of serious dispute of the invoiced sums that the CLIENT would bring to the attention of TALENT DIGITAL within the period indicated above, TALENT DIGITAL reserves the right to restrict or suspend access to the TALENT DIGITAL - ONLINE APPLICATION service. In the event that the non-payment persists, the termination of the contract will take place within the period which will be indicated by the letter of formal notice, without it being necessary to send a new formal notice.

 

5° Duration and termination.

• ? These conditions are applicable from the date of their signature by the Parties or during the 1st payment by credit card. They are concluded for the duration of the services referred to in the Specific Conditions.

In the event of termination of the contract, the CUSTOMER undertakes to pay all the minimum monthly billing costs as provided for in the special conditions until the end of the current period.

• In the event of non-compliance by one of the parties with one of the clauses hereof, and within 30 days after receipt by the defaulting party of a registered letter with acknowledgment of receipt serving as formal notice of s? execute remained without effect, the other party may terminate this contract at any time and by operation of law by registered letter with acknowledgment of receipt without the need to complete any legal formality, without prejudice to any damages that may be incurred. claimed by way of
• In the event of receivership or judicial liquidation of one of the parties, the other party may terminate this contract at any time and as of right by registered letter with acknowledgment of receipt without the need to complete any formalities. additional.

• In the event of termination of relations for any reason whatsoever

TALENT DIGITAL will interrupt access to the provision of the Services concerned on the normal expiry date or on that fixed in the notification of cessation, unless otherwise agreed between the Parties.

Each party will return to the other party any documentation, materials, and/or confidential information transmitted to it within thirty (30) days. All provisions herein which by their nature should survive termination shall survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers and limitations of liability. .

TALENT DIGITAL will destroy all documents relating to FILES within thirty (30) days of termination.

 

6° Price & terms of payment

6-1 Rates? billing frequency? Terms of Payment

The parties agree on a monthly invoicing schedule, as well as the application of the rate validated by the customer when purchasing the pack of his choice.

The customer agrees to pay the sums due each month, upon receipt of the invoice, by bank card (CB), check or bank transfer payable to TALENT DIGITAL

 

7° Intellectual property, and protection of FILES

7?1 The CLIENT or companies specializing in the sale or rental of FILES, holders of the intellectual property rights to the FILE, retain full, full and exclusive ownership of the FILE transmitted to TALENT DIGITAL as part of this intervention. under Law No. 98-536 of July 1, 1998 transposing into the Intellectual Property Code Directive 96/9/EC of the European Parliament and of the Council, of March 11, 1996, concerning the legal protection of databases .

TALENT DIGITAL claims to have declared all of its activities, in accordance with the provisions in force of the Data Protection Act, under declaration no. 69.75.05.

TALENT DIGITAL is committed for the duration of the contract and within two years after its end.

• Not to disclose any PERSONAL DATA or considered as such contained in the FILE, except with the prior written authorization of the CUSTOMER
• Not to use the PERSONAL DATA of the FILE under any circumstances, totally or partially, for any purpose other than that of the CAMPAIGNS carried out by the CLIENT, without the prior written consent of the CLIENT
• To destroy the FILE, as well as any media and copies made as part of the processing and routing operations at the end of a maximum period of thirty (30) days after the termination of the contract

7-2 The CUSTOMER acknowledges that the technology, software, services, SOLUTON, source code for specific developments are the property of TALENT DIGITAL or its licensors and that TALENT DIGITAL owns all property rights, including the rights regarding patents, copyrights, trade secrets and trademarks.

The CUSTOMER has no rights in this regard, except those expressly granted herein. Nothing herein shall be construed as limiting TALENT DIGITAL's right to sell, license, modify, publish or otherwise use or distribute the SOLUTION, in whole or in part, to any other person.

The CUSTOMER acknowledges and accepts all product improvements and modifications made to the SOLUTION.

The CLIENT hereby assigns to TALENT DIGITAL all property rights for any improvement and modification of the product created for him resulting from his request. The CUSTOMER acknowledges that TALENT DIGITAL owns all right and title in and to the routing domains and subdomains and that TALENT DIGITAL, express or implied, does not grant any right, title or other property whatsoever to the areas of TALENT DIGITAL. The CLIENT acknowledges and accepts that all TALENT DIGITAL trademarks remain the exclusive property of TALENT DIGITAL.

Neither party may register or attempt to register any trade name, logo, trademark or copyright of the other party anywhere in the world except with the express written permission of the owner.

Upon termination of the Agreement, each party shall cease using the other party's trademarks, service marks and/or trade names, except as may be agreed in writing by the parties or as permitted by applicable law.

 

8° Compensation? Responsibility ? force majeure

• In accordance with common law, each party is liable vis-à-vis the other party for damages arising from its contractual obligations resulting from these presents.

TALENT DIGITAL's liability is limited to compensation for direct damage suffered by the CLIENT.

TALENT DIGITAL shall not be liable for any special, indirect or incidental damages arising out of or in connection herewith, for loss of profits, loss of data or costs of acquiring replacement products or services, and even if said party has been advised of the possibility of such damages.

Any action directed against the CUSTOMER by a third party (in particular its customers) constitutes indirect damage and therefore does not give rise to the right to compensation.

Furthermore, TALENT DIGITAL cannot be held responsible for the consequences of the analyzes and actions carried out by the CLIENT based on the use of the SOLUTION and the Services.

TALENT DIGITAL cannot be held liable in the event of hacking, fraudulent intrusion or theft of data except in the event of non-compliance with the rules of the art commonly accepted in the profession resulting from an inexcusable fault on the part of TALENT DIGITAL

 

9° The CUSTOMER acknowledges:

• that he must carry out any checks before using the platform

That, because of the information brought to its attention in the context of the contractual documents, TALENT DIGITAL has fulfilled its obligations of advice and information, in particular with regard to the characteristics and limits of the Services to which it has subscribed.

That the services provided by TALENT DIGITAL are subject to the contingencies of the Internet network (reliability, saturation) and the quality of the service provided by the ISP, the harmful consequences of which, given the skills and qualifications of TALENT DIGITAL's staff, are unforeseeable. TALENT DIGITAL's liability is thus limited to the hardware and software installed on its servers;

That he knows the Internet network, its characteristics, its limits, he agrees to bear the possibility of the existence of imperfections or unavailability of servers and networks taking into account the nature and complexity of the technologies that are used. implemented, each Party acknowledges that the SOLUTION and the Services cannot be free from Anomalies, failures, interruptions and unavailability. In the event of incidents resulting from elements under the responsibility of one of the Parties, the other undertakes to inform the latter, which undertakes to make its best efforts to remedy them.

In addition, the CLIENT acknowledges that:

• TALENT DIGITAL is a passive intermediary for the distribution of the CONTENT of the messages and that TALENT DIGITAL has no obligation to study the CONTENT in order to determine whether it may give rise to any liability towards third parties;
• TALENT DIGITAL cannot be held responsible for the data collection methods used by CUSTOMERS and the use of the FILES made by them;

9-1 In the event that TALENT DIGITAL is held liable and ultimately retained, TALENT DIGITAL can only be held liable for direct damages resulting from a proven fault. In this case, the damages due will be capped at an amount equal to the sums paid by the CUSTOMER for the period of three (3) months preceding the event or events that gave rise to such a claim.

TALENT DIGITAL guarantees the CUSTOMER against any action for infringement with regard to the elements of the Services and the SOLUTION implemented or provided by him in execution of the General Conditions of Sale.

The CLIENT shall indemnify and hold harmless TALENT DIGITAL from any and all costs, losses, liabilities and expenses, including all legal costs, expenses and attorneys? fees that TALENT DIGITAL may sustain, suffer or incur for any reason arising out of or arising out of or as a result of a TALENT DIGITAL legal action, lawsuit, arbitration, or other claim brought by a third party, whether incurred or possible, from a CUSTOMER message containing:

1.  Any information contrary to public order and good morals to the legal provisions in force regulating communications and correspondence.
2.  Any unlawful, threatening, abusive, defamatory, obscene, pornographic, profane or otherwise objectionable material, including, without limitation, any transmission constituting or encouraging what would constitute a criminal offense would involve civil liability or otherwise violate any local, national law Or
3.  Any misleading or misleading information or distorted presentation with regard to the products or services offered by the CLIENT or its
4.  Any letter that is part of an illegal pyramid-like chain or scheme.
5.  Any information, audio, video, graphics, software or other work in violation of the copyright, trademark or intellectual property rights of any other person
6.  Any other misleading information that would imply the affiliation or sponsorship of a natural or legal person other than the CLIENT or its customers without the written consent of said natural or legal person
7.  Any information delivered to anyone who has not given the CUSTOMER their prior consent to receive communications by e-mail.
8.  If the CLIENT does not respond to the complaints or requests sent by the RECIPIENTS
9.  Any other violation by the CUSTOMER of the General Conditions of Sale

10°? force majeure

In accordance with the provisions of Article 1148 of the Civil Code, each of the parties will be released from all liability if the non-performance of its obligations results from a case of force majeure, within the meaning of the case law in force.

In the presence of a case of force majeure, the parties will provide their best efforts to continue the contract.

The case of force majeure suspends the obligations arising from this contract for the duration of its existence. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would give rise to the automatic termination of this contract by one or other of the parties eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.

 

11° Confidentiality

The CLIENT and AKIDEL undertake to keep confidential for the duration of the contract and after termination of the contractual relationship the information and documents concerning the other party of any kind whatsoever and in particular? without limitation? economic or technical to which they could have had access during the performance of the contract, unless otherwise authorized by the other party.

AKIDEL undertakes not to divulge or exploit the CAMPAIGNS carried out by the CLIENT for a use other than that covered by these presents, without the prior consent of the CLIENT.

The functionalities, interfaces and processes of THE AKIDEL ONLINE APPLICATION constitute the intellectual property of AKIDEL and are protected as such.

The two parties will therefore take, vis-à-vis their staff, all the necessary measures to ensure, under their responsibility, the secrecy and confidentiality of all the information and all the documents that have been transmitted. This clause does not apply to information which is in the public domain or which would have been brought to the attention of one of the parties before the performance of the services.

However, the CLIENT expressly authorizes AKIDEL to mention its name as well as its logo, its brand in its list of commercial references. In addition, the CLIENT acknowledges that the AKIDEL company has the possibility of revealing to third parties the existence of this contract and of all or part of the mission entrusted to it.

It being understood, however, that for any commercial promotion operation or for any use mentioning information of a commercial, industrial, technical or financial nature communicated by the CLIENT, or of which he would have become aware during the execution of this contract, AKIDEL s? undertakes to request authorization from the CLIENT who will grant or refuse it.

This request for authorization takes place by any means. The CUSTOMER has a period of fifteen (15) days from the request for authorization to give his agreement or refuse. In the absence of a response from the CLIENT at the end of this period, he is deemed to have accepted.

AKIDEL is prohibited from making any other use than that mentioned above and in particular from transmitting this information to a third party, whether free of charge or for a fee.

 

12° Miscellaneous

Assignment

The Contract may not be the subject of a total or partial transfer, transfer to another company without the prior written consent of the other party.

Amendment

AKIDEL reserves the right to modify the General Conditions of Sale and the applicable prices at any time. The General Conditions of Sale will come into force as of their posting on the SOLUTION. For the General Conditions of Sale and/or the modified prices, they will come into force after their notification to the CLIENT and its acceptance.

Relations between the parties

The contract shall not be construed as creating a joint venture or the relationship of principal and agent between the parties, nor imposing on the parties any obligation for any loss, debt or other obligations borne by the other party, except as expressly stipulated. herein.

Dispute, applicable law and attribution of jurisdiction

In the event of a dispute relating to the execution or interpretation of the clauses of these General Conditions of Sale, the parties will endeavor to resolve amicably any disputes which may arise between them.

In the absence of an amicable agreement, the contract is subject to French law. Any dispute relating to the interpretation, execution and termination of the contract will be submitted to the Commercial Court of Nanterre, 4 rue Pablo Néruda, 92020 NANTERRE.

These presents constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written agreement. The Special Conditions, the appendices the price list, supplement the present General Conditions of Sale and are inseparable from them. However, in case of contradiction, the Special Conditions prevail.

Each party acknowledges and agrees that the other party has made no representation, warranty or agreement of any kind except as expressly provided herein.

DIGITAL TALENT France? whose registered office is located at 4F rue Virginie Ghesquière registered with the Lille Trade and Companies Register under RC number: 841 516 644: Represented by Mr. Riad KACIM.