1. General provisions

 

The purpose of these general conditions of sale (the "GTC") is to define the conditions under which the Company JMB CONSULTANT (RCS NIORT 414 499 129),  (hereinafter the "Provider ") consents to the client, professional buyer, (hereinafter the "Client") who accepts it, a service resulting from the services offered by the Service Provider (hereinafter the "Service". The Client and the Service Provider are respectively individually the “Party” or collectively the “Parties”.

The Customer acknowledges that the acceptance of these T&Cs has the effect of excluding the application of his own general conditions of sale (GTC) and his own general conditions of purchase (GTC). Receipt of the quote signed by the Customer and/or payment of the invoice issued by the Service Provider implies the Customer's full and unreserved acceptance of these GCS, the Customer thus acknowledging that they are fully aware of them.

The fact that the Service Provider does not implement one or the other clause established in its favor in these conditions cannot be interpreted as a waiver on its part to avail itself of it.

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2. Nature of the services

 

JMB CONSULTANT deploys two types of activities:

• Consulting and support activity to help all types of companies in their organization and operation

• Training organization activity called "outside the wall" that is to say not having premises in its name to receive trainees.

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3. Terms specific to the consulting and support activity

 

3.1. Quotation and order

 

The service provider intervenes at the express request of the client. A project file equivalent to a contract is produced for all services. This file sent by the Service Provider to the Client contains:

• The estimate of the service (containing the nature of the service, the price excluding taxes and all taxes included, the terms of payment)

• The schedule detailing the actions and obligations of the client and the service provider, as well as the deadlines for completion,
  the reminder of the full and entire adherence of the customer to the GCS.

To confirm his order firmly and definitively, the customer must return the signed estimate to us in PDF format, by email to the address specified in the document without any modification.

If the Service gives rise to a deposit (specified in the terms of payment), the deposit invoice is  generated electronically. The payment of this deposit triggers the start of the marketed service.

The order will be validated only after signature of the estimate worth contract. of the estimate, the proposed estimate is considered canceled and the Service Provider reserves the right not to start its Service. The validation of the order implies the full and complete and unreserved acceptance of the Customer to these GCS.

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3.2. Price of Services

 

The prices of the services are those detailed in the quotes or contracts, accepted by the Customer. They are expressed in euros and are subject to VAT. Prices can be calculated on a flat rate, hourly or daily basis. It is agreed between the parties that payment by the client of all of the service provider's fees constitutes receipt and final acceptance of the services.

Under no circumstances may the price of the service be renegotiated after the service has been completed. 

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3.3.Terms of payment 

 

Deposit and balance invoices are payable 15 days after receipt of the invoice. Payment is made by check or bank transfer. No discount will be granted in the event of early payment. In the event that the payment period is not indicated on the invoices, the LME law provides for the following conditions: Payments between professionals are capped by Article L441-6 of the Commercial Code: "unless otherwise provided in the conditions of sale or agreed between the parties, the deadline for payment of the sums due is set at the thirtieth day following the date of receipt of the goods or performance of the service requested.

"The period agreed between the parties to settle the sums due may not exceed forty-five days from the end of the month or sixty days from the date of issue of the invoice"

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3.4. Late payment 

 

Any delay or non-payment will automatically entail:  

• The immediate payment of any sum remaining due,

• The calculation and payment of a late payment penalty in the form of interest at a rate equivalent to three (3) times the legal interest rate (in force on the day of invoicing of the services, The legal interest rate is set at 0.76% for the year 2021 for information)

• This penalty is calculated on the amount excluding taxes of the sum remaining due, and runs from the day following the date of payment shown on the invoice, until its total payment, without any reminder or prior formal notice being given. required. The applicable rate is calculated pro rata temporis

• The right for the service provider to suspend the performance of the current service and to suspend any new order or delivery.

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3.5. Duration and termination

 

The duration of the services is defined in the estimate or project file equivalent to a contract. Each of the parties may immediately terminate the contract in the event of cessation of activity by one of the parties, cessation of payment, receivership, compulsory liquidation or any another situation producing the same effects after the sending of a formal notice addressed to the judicial administrator (or liquidator) which has remained unanswered for more than a month, in accordance with the legal provisions in force.

In case of arrival of the term or termination of the contract:  

• the service contract will automatically end on the corresponding date,

• the service provider is released from its obligations relating to the subject of this contract on the date of termination or expiry of the contract,

• the service provider undertakes to return to the customer no later than thirty (30) working days following the termination or expiry of the contract, all the documents or information provided by the customer.

 

In the event of termination of the agreement by the customer, the sums corresponding to the services provided up to the date on which the termination takes effect and not yet paid will be due by the customer.

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3.6.Obligations and confidentiality 

 

The service provider undertakes to: 

• respect the strictest confidentiality concerning the information provided by the client, and designated as such,

• not to disclose any information on the services provided for its customers,

• return any document provided by the client at the end of the mission,

• sign a confidentiality agreement if the client wishes.

The clauses of the contract signed between the parties are deemed confidential, and as such cannot be communicated to unauthorized third parties.

The customer agrees to:

• respect the dates and times of the appointments set for the smooth running of the subscribed device: any action not honored but not canceled within forty-eight (48) hours preceding the date of its completion remains due to the service provider. The subsequent completion of this action will result in its payment in addition.

• make every effort to reschedule the actions canceled with the forty-eight (48) hour notice mentioned within a timeframe consistent with the smooth running of the system.

• pay any service due according to the terms of payment.

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3.7.Responsibilities 

 

Considering the nature of the services provided, the service provider's obligation is an obligation of means. The service provider undertakes to perform the services in accordance with the rules of the art and in the best possible manner, under the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions.

The client undertakes to make available to the service provider within the agreed deadlines, all the information and documents essential for the proper performance of the service as well as for a good understanding of the problems raised.

The service provider cannot be held liable for:

• an error caused by a lack of information or incorrect information provided by the customer,
  a delay caused by the customer which would lead to the impossibility of respecting the deadlines agreed or prescribed by law.

The service provider's liability, if proven, will be limited to half of the total sum excluding taxes actually paid by the customer for the service provided by the service provider on the date of the complaint by registered letter with acknowledgment of receipt._cc781905-5cde- 3194-bb3b-136bad5cf58d_

Each of the parties is liable to the other for any breach of the obligations imposed on it.

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4. Modalities specific to the activity of Training Organization

 

4.1.Typology of training

 

JMB CONSULTANT offers two types of service:

• The so-called “catalogue” training courses: standard service, defined by JMB CONSULTANT, which cannot be modified according to the Client’s wishes

• So-called "personalized" training: the content of the training is developed after analyzing the Client's explicit needs. These courses may be adaptations of those presented in the catalogue.

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4.2. Pedagogical methods of “catalogue” training

 

Depending on the theme of the training, the Service Provider implements one or more of the following methodologies:

• self-study: Asynchronous training. The client trains himself through videos recorded and published on the Service Provider's learning platform. The Service Provider is completely free to choose the type of content of the videos presented (Powerpoint, PDF, Flash, MPEG 4, etc.).

• video training: The Client himself produces videos in a work situation, and places them on the Service Provider's learning platform, in a personal space created when the client registers for the training. The service provider sequences the video and analyzes it, so as to provide its comments. This analysis is then presented and discussed, in virtual class or face-to-face, with a trainer from the Service Provider and the person(s) designated by the Client.

• The Client undertakes to provide videos of sufficient quality to enable the Service Provider to perform its Service. The minimum video quality recommended by JMB CONSULTANT are as follows:

  • Format: *.MP4 (MPEG-4)

  • Ratio: 16:9

  • Resolution: 640 x 360 pixels

• Upon receipt of the video, the Service Provider reserves the right to refuse the support if it deems the quality insufficient to perform its Service. In this case, the Service Provider undertakes to notify the Customer immediately, by email, to enable the latter to offer better quality support.

• If after 4 refusals by the Service Provider to process a medium deemed to be of poor quality, the latter reserves the right to cancel the Service, after having notified the Customer by email. Any sums paid to JMB CONSULTANT, within the framework of the said Service, will be reimbursed in full to the Client within 15 working days.

• JMB CONSULTANT can also offer to take charge of the video shooting in a work situation, which will necessarily entail additional costs and will be the subject of an estimate subject to validation by the Client.

• The virtual classroom: Synchronous training. After the Client has registered for one of the “virtual class” training courses offered by the Service Provider, an email is sent to him, containing:

  • The topic of training

  • The date and time of the training

  • The connection link to the virtual classroom

  • Connection methods

• When registering for a "virtual class" training, the client certifies that he has the means necessary for the proper performance of the service, namely:

  • a PC (or mobile phone)

  • an internet connection (minimum upload speed: 7Mbps; minimum download speed: 20Mbps)

  • a camera

  • a microphone

  • speakers (or headphones)

  • a quiet place in which he will receive his training

• Under no circumstances may the Service Provider intervene on the customer's hardware configuration as part of the provision of a training service.

• Since the Service Provider cannot be held responsible for the technical and/or computer problems of the Customer, or of the Internet access provider of one of the two parties (the Service Provider and the Customer), the Customer cannot cancel the Service for this raison. Any cancellation by the Customer must comply with section 4.8 “Cancellation, postponement” of this document. The Service Provider undertakes to find the best possible solutions for the proper performance of this Service.

• face-to-face: Synchronous training. After registration of the client, on the service provider's digital learning platform, for one of the "face-to-face" training courses offered by the Service Provider, or after validation of the quote by the Client, an invitation email is sent to him, containing:

  • The topic of training

  • The date and time of the training

  • The place of training

  • The material required

  • The training plan

  • All information necessary for the proper conduct of the training

Some courses may be presented in the catalog as Blended Learning. These formations are a composition of the different methods mentioned above, subject to the rules of each of these methods.

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4.3. Pedagogical methods of "personalized" training

 

The Service Provider may implement methodologies identical to the “catalogue” training courses and subject to the same rules as the latter.

Since "personalized" training courses are, by definition, a response to the specific needs of the Client, they are necessarily the subject of an estimate subject to validation by the client.

The rules for implementing "personalized" training are those cited in the section "Teaching methods for "catalogue" training, unless an explicit agreement has been concluded between the Client and the Service Provider, and the latter appears clearly in the commercial offer validated by both parties. Otherwise, if the Customer requests an adaptation of the rules, after signature of the agreement, an amendment to the contract would be established and consequently possible additional costs required.

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4.4.Registration methods

 

All our training courses ("catalogue" and "personalized") are the subject of a commercial offer (hereinafter "the Offer"). Registration is done by the Service Provider after validation of the Offer between the parties.

Receipt by the Service Provider of the Client's "good for agreement" on the Offer shall constitute acceptance of its terms by the latter as well as acceptance of these GCS. This formal acceptance by the client must reach the Service Provider at least ten (20) working days before the performance of the service.

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Depending on the training methods, a minimum and maximum number of participants may be defined by the Service Provider. If the maximum number is reached, additional participants are placed on a waiting list and given priority for the next session, if payment has already been made. The participant in the training can also request, by email, the cancellation of his training and his full refund, as long as he respects the conditions mentioned in section 4.8 "Cancellation, postponement". If the minimum number of participants is not reached, the Service Provider reserves the right to cancel the training, respecting a minimum period of 48 hours to notify the Customer. Participants already registered can ask, by email, to be repositioned on another session, or ask for the full refund of the sums advanced, and consequently the cancellation of the said training.

An acknowledgment of confirmation of registration is sent to the Customer within 48 hours of receipt of the registration request. This acknowledgment does not constitute confirmation of the holding of the Training. By registering, the Customer declares that he is fully aware of and accepts the corresponding pricing conditions, as well as these GCS.

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4.5.Time limits and access conditions

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JMBCONSULTANT is not the decision-maker or responsible for determining the conditions of access to the training courses carried out.

However, JMBCONSULTANT, as a training organization offering defined training actions, consistent with the expectations of the client-company and/or with the skills necessary to understand the content of the training, the prerequisites failing to be able to define admission procedures for each personalized program.

In all situations, the prerequisites are defined in relation to the necessary skills of the trainees so that they can follow the training in the best conditions.

If the session requires prerequisites, these are systematically assessed at the beginning of the session to validate their appropriation.

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The personalized training courses are by their nature totally linked to the customer's request. It is therefore impossible for JMBCONSULTANT to define an access deadline in advance. The deadlines presented in the table below are only an estimate, and can in no way be used as a failure to respect the deadlines for access to JMBCONSULTANT training.

On the other hand, JMBCONSULTANT undertakes, after studying the customer's request, to present the access times, or start dates of training, in the commercial offer.

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4.6.Training methods

 

The Service Provider is free to choose the location of the Training, to use the teaching methods and tools of his choice, it is recalled that the form and content of the teaching tools are governed by the Service Provider._cc781905-5cde-3194-bb3b- 136bad5cf58d_

The Service Provider may provide the participant with dedicated digital spaces. Access to the preparatory questionnaire on these spaces is possible up to 48 hours before the start of the Training session.

A training day corresponds to seven (7) hours of lessons. The training durations vary and are specified on the Service Provider's digital learning platform and on its communication documents.

For the quality of the training, the Client undertakes not to exceed the number of participants provided for when confirming the registration.

One or more additional participants may however be accepted, subject to the Service Provider's approval, depending in particular on the maximum number of participants referred to in Article 4.4, and on regularization of invoicing under the pricing conditions provided for the Training concerned. .

Intra Training can be provided in premises defined by the Client, and with the logistical means defined in the Proposal, or in premises chosen by the Service Provider.

Intra-company training provided "face-to-face", and therefore requiring the travel of a trainer to the place of training, are necessarily considered as "personalized" training and will therefore be the subject of an estimate including the coverage of training costs. trainer's travel, meals and accommodation.

The Service Provider will take charge of the reproduction and delivery of the educational documents to the place of the Training. A lump sum cost of production, reprography and sending of educational materials, which will appear in the Offer where applicable, may be invoiced.

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4.7. Special provisions for "face-to-face" training

 

As the JMB CONSULTANT training provider does not have premises, the applicable internal regulations are those of the company receiving the training.

With regard to the provision of premises two cases can be envisaged. The location of the training, defined in the Offer or during online registration, defines the applicable case, namely:

• Training provided at the Customer site

The Client certifies that the premises and equipment made available comply with the request made explicit in the Offer.

• Training provided off-site customer

The JMBCONSULTANT training provider hereby undertakes to provide trainees with a training room in accordance with the legal provisions of the decree of June 25, 1980 approving the general provisions of the safety regulations against the risk of fire and panic. in establishments open to the public (ERP).

Any equipment necessary for the smooth running of the training and remaining the responsibility of the Customer is specified in the Offer.

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Participants in the Training are required to respect the internal regulations in force in the place receiving the Training.

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The Service Provider cannot be held responsible for any error or omission noted in the documentation (hereinafter "the Documentation") provided to the Client, the latter to be considered as a teaching aid which cannot be considered as a practical manual or an official document explaining the applicable regulations. Furthermore, it is recalled that the documentary appendices provided complete the Training service and in no way bind the Service Provider as to their completeness. It is specified as necessary that the Service Provider is not required to ensure any update of the Documentation after the Training.

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The Service Provider will send the Client all the applicable legal documents relating to the Training (and in particular, the certificate mentioning the objectives, the nature and the duration of the action and the related invoices) by e-mail or by post to address provided by the Customer.

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4.8.Rates and terms of payment

 

The pricing conditions for Training are indicated on the Service Provider's digital learning platform, or on the Offer referred to in article 4.4 above for "personalized" Training. The prices of the Trainings are indicated excluding and including tax, according to the VAT rate in force. Tax form No. 3511 allows JMB CONSULTANT exemption from VAT for its training missions.

Any Training started is due in full. 

For Inter Training, unless otherwise agreed in writing between the parties, for any registration for a Training session, the lunch(es), access to the online educational space if applicable, the modules which are offered there and the Documentation provided where applicable, are an integral part of the Training session and cannot be sold separately. It is specified that the content of the online educational space is likely to evolve according to current events and the educational choices of the Training Organization.

For Intra Training, the above elements will be provided or not depending on the conditions provided for in the Offer.

Invoices are payable upon receipt of the invoice - or according to the agreed schedule, if applicable - by check, bank transfer.

In the event of late payment, penalties equal to three (3) times the legal interest rate in force on the date of the order will be payable automatically without a reminder being necessary, as well as a fixed indemnity for recovery costs in the amount of forty (40) Euros. In addition, any subsequent payment, whatever the cause, will be attributed immediately and in priority to the extinction of the oldest debt.

Furthermore, in the event of late payment, the Service Provider reserves the right to refuse any new order and to suspend the performance of its own obligations until the account is cleared, without incurring its liability and without the Customer cannot claim to benefit from a credit note or a possible refund. The limitation period for the recovery of any sum due to the Service Provider runs from the date of issue of the invoice concerned.

In the event of payment for a Training being taken over by an external organization, it is the responsibility of the Client:

• to make a request for support before the start of the Training and to ensure the successful completion of this request;

• send the support agreement  before the training date 

• to ensure the successful completion of the payment by the organization he has designated.

In the event of partial coverage by the external financing organization, the balance will be invoiced directly to the Customer.

If the external financing organization does not confirm the financial coverage of the Training or if the Service Provider has not received payment from the external financing organization on the first day of the Training, the cost of the Training will be invoiced in full to the Customer.

In the event of non-payment by the external funding body of the Training costs, possibly increased by late payment penalties, for any reason whatsoever, the Client will be informed in advance by any means by the Service Provider and will be liable for the full cost of training.

The Service Provider reserves the right to request a deposit.

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4.9.Cancellation, postponement

 

The Service Provider undertakes to ensure that the staff and temporary trainers assigned to the performance of the services are perfectly competent in the specialties required to ensure compliance with deadlines and the quality of the services.

The Service Provider maintains the maximum number of sessions. However, in the event that the number of participants in a course is deemed pedagogically insufficient, the Service Provider reserves the right to postpone this course no later than 5 working days before the scheduled date. Registration fees previously paid are then fully refunded.

If the Service Provider is forced to cancel a training session for reasons of force majeure (transport strike, trainer's illness, confinement, etc.), the Service Provider undertakes to organize a new session as soon as possible.

The Service Provider undertakes, in the event of the trainer's absence, to ensure the continuity of each service as soon as possible.

The Service Provider reserves the right to cancel or postpone planned training without compensation, subject to informing the Client with reasonable notice.

The Service Provider is authorized to partially or totally subcontract the execution of all training services.

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4.10.Condition of cancellation and postponement specific to inter-company

 

4.10.1.Cancellation by the client at least 10 working days before the start date of the training session:

 

Any cancellation can be made by the client free of charge, if this cancellation reaches the Service Provider in writing, at least 10 working days before the start of the course. Participant replacements are accepted at any time, free of charge, no later than the day before the course, upon written communication to the Service Provider, of the names and contact details of the replacement. In this case, it is up to the client to check the adequacy of the profile and objectives with those defined in the training program.

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4.10.2. Cancellation by the client less than 10 working days before the start date of the training session:

 

Except in cases of force majeure, for any cancellation made by the client less than 10 working days before the start of the course, the Service Provider invoices 50% of the course fees. 

In the event of absence or abandonment during the course, the latter is payable in full.

For the cases provided for in this article, 50% of the course fees may be deducted in the event of the Client's immediate re-registration for the next Training session.

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4.11.Condition of cancellation and postponement specific to intra-company 

 

4.11.1.Cancellation by the customer at least 10 working days before the contractual date

 

Any cancellation can be made by the client, free of charge, if this cancellation reaches the Service Provider, in writing, at least 10 working days before the start of the course. Participant replacements are accepted at any time, free of charge, upon written communication to the Service Provider, no later than the day before the course, of the names and contact details of the replacement(s). In this case, it is up to the client to check the adequacy of the profile and objectives with those defined in the training program.

If a preparation cost was planned, this will be invoiced if the preparation has already been carried out, as well as any penalties for canceling a room reservation in the event that the client has entrusted us with the performance of this service.

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4.11.2.Cancellation by the customer less than 10 working days before the contractual date

 

In case of cancellation within this period the following penalties will be applied:

• 100% of the cost of preparation planned before the animation of the course as well as the possible penalties of cancellation of a room reservation in the event that the client would have entrusted us with the realization of this service.

• 40% of the total cost of the training (animation, educational file and travel expenses incurred)

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4.12.Digital training

 

All conditions of use of the Service Provider's learning platform are explained in the document "General Conditions of Use" (CGU), available on the Service Provider's website:www.jmbconsultant.fr

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4.13.Confidentiality and Intellectual Property

 

It is expressly agreed that any information disclosed by the Service Provider under or during the training must be considered confidential (hereinafter "Information") and may not be communicated to third parties or used for a purpose other than that training, without the prior written consent of the Service Provider.

The right of ownership over all Information that the Service Provider discloses, whatever its nature, medium and mode of communication, within the framework of or on the occasion of the training, belongs exclusively to the Service Provider.

Consequently, the Customer undertakes to keep the Information in a safe place and to provide it with at least the same protective measures as those which it usually applies to its own information.

The Client guarantees compliance with these stipulations of confidentiality and storage by the learners.

The disclosure of Information by the Service Provider may under no circumstances be interpreted as conferring, expressly or implicitly, any right whatsoever (under the terms of a license or by any other means) over the Information or other rights attached to the intellectual property and industrial property, literary and artistic property (copyright), trademarks or trade secrets.

The payment of the price does not operate any transfer of intellectual property rights on the Information.
By way of derogation, the Service Provider grants the learner, subject to the rights of third parties, a non-exclusive, non-transferable and strictly personal license to use the training support provided, regardless of the support.

The learner has the right to make a photocopy of this support for his personal use for study purposes, provided that the copyright notice of JMB CONSULTANT or any other intellectual property notice is reproduced on each copy. training support.

The learner and the Client do not have the right, except with the prior agreement of the Service Provider:

• to use, copy, modify, create a derivative work and/or distribute the training material except as provided in these General Conditions;

• to disassemble, decompile and/or translate the training material, unless otherwise provided by law and without the possibility of contractual waiver;

• to sub-license, rent and/or lend the training material;

• to use the associated support for purposes other than training.

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4.14.Communication

 

The Client expressly authorizes the Service Provider to mention its name, its logo and to mention as references the conclusion of a Contract and any operation resulting from its application in all of their commercial documents.

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4.15. Information, complaint

 

Any request for information or complaint relating to these T&Cs must be addressed tocontact@jmbconsultant.fr, which will make its best efforts to respond as soon as possible.

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4.16. Responsibilities

 

The Training offered by the Service Provider complies with their description in the catalog or their commercial documentation. It is up to the Client to prove any possible non-compliance.

The Client is solely responsible for consulting and choosing the training provided by the Service Provider.

The Service Provider's liability can only be incurred in the event of proven fault or negligence and will be limited to the direct damage suffered by the Customer, to the exclusion of any indirect damage, of any nature whatsoever and in particular any loss of opportunity. , clientele, result, operation, commercial damage or loss of data and/or files. In any case, in the event that the responsibility of the Training Organization is retained, the total amount of all sums charged to the Training Organization may not exceed the total amount of the price paid by the Customer for of the Training concerned.

  The Customer agrees to:

• pay the price of the training;

• not to make any reproduction of material or documents whose copyright belongs to JMB CONSULTANT without its prior written consent;

• not to use audio or video recording equipment during training, without the prior written consent of JMB CONSULTANT.

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5.Personal data

 

The Service Provider undertakes to implement the appropriate measures to ensure the protection of personal data (hereinafter the "Data") and to process and use such data in compliance with the applicable provisions and in particular the European Regulation 2016 /679 of April 27, 2016 and the amended law n° 78-17 of January 6, 1978, known as the “Data Protection Act” (hereinafter the “Applicable Provisions”).

The Data is subject to computer processing by the company JMB CONSULTANT acting as data controller, the purpose of which is provided for in the Privacy and Personal Data Processing Policy, available on our website (here after the “Privacy Policy”).

The Data is kept for the period strictly necessary for the fulfillment of the purposes mentioned in the Privacy Policy.

Any natural person has the rights of access, rectification, erasure, portability of Data as well as limitation and opposition to the processing and organization of the fate of their Data after their death. These rights may be exercised in accordance with the terms provided in the Privacy Policy.

In the event of exercise of the right of opposition, all communication with the Customer (excluding the management of his account) will cease.

For complete information on the processing of Data, please refer to our Privacy Policy.

If the Client transmits and/or integrates Data necessary for the provision of a service, the Client will have the status of Data Controller.

In its capacity as subcontractor, the Service Provider undertakes to process the Data in accordance with the documented instructions of the Client and only for the sole purpose of carrying out the contract.

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6. General provisions

 

The T&Cs are available online. They can be modified at any time at the discretion of JMB CONSULTANT, with immediate application. Only the latest version posted online will be applicable.

If one of the clauses of the GCS were declared null, it would be deemed unwritten but would not result in the nullity of either these GCS or the Training concerned.

The fact of not claiming the application of one of the provisions of the GCS or of acquiescing in its non-execution, permanently or temporarily, cannot be interpreted as a waiver of its application.

These T&Cs are governed by French law. ANY DISPUTE RELATING TO ITS EXECUTION OR ITS INTERPRETATION WILL BE THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF NIORT, EVEN IN THE CASE OF REFEREES, APPEAL IN WARRANTY OR MULTIPLE DEFENDANTS.

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7. Force majeure 

 

No party may be considered in default in the performance of its obligations and see its liability incurred if this obligation is affected, temporarily or permanently, by an event or a cause of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code, independent of its will and which is beyond its control, such as in particular, for information and not limitation natural disasters, government restrictions, social unrest and riots, wars, malicious intent, claims on the service provider's premises, EDF service interruptions of more than two (2) days, failure of computer equipment, long-term absence (accident or illness).  

Within a maximum of five (5) working days of the occurrence of such an event, the defaulting party due to force majeure undertakes to notify the other party by registered letter with acknowledgment of receipt and to provide proof thereof. . The defaulting party will make every effort to eliminate the causes of the delay and will resume performance of its obligations as soon as the case invoked has disappeared. However, if the cause of force majeure persists beyond a period of fifteen (15) working days from the date of receipt of the notification of the case of force majeure, each party shall have the right to terminate the agreement, without award of damages. Said termination will take effect on the date of receipt by the other party of the letter of termination sent by registered mail with acknowledgment of receipt. In the event that the agreement is terminated by the client due to force majeure, the client must pay the service provider all amounts due up to the date of termination. 

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