Please read carefully these general terms and conditions of sale of this site before ordering any of the services offered on the allositeinternet.com website. By purchasing a service on this site, you unreservedly accept these terms.
General Terms and Conditions of Service Provision
These general terms and conditions of service execution (hereinafter “the general conditions”) apply to the various works, services and provisions (hereinafter “the Services”) rendered under the commitments accepted by the Service Provider.
REMUNERATION
Unless otherwise agreed, the Service Provider’s fees are established based on the number and experience of the personnel required, the necessary level of skill and responsibility; hourly rates are reviewed periodically. Travel, subsistence, and accommodation expenses incurred for the execution of the services will also be invoiced, where applicable. VAT at the current rate is added, if applicable, to fees and disbursements.
Any amount of fees agreed upon between the Service Provider and the Client necessarily implies the Client’s fulfillment of the obligations mentioned hereinafter.
Delays or other unforeseen problems, over which the Service Provider has no control and which are beyond its control, may result in additional fees that may be subject to additional invoicing. The Service Provider undertakes to inform the Client of these delays and/or problems as soon as they arise, in order to assess the consequences with the Client.
Invoices will be issued corresponding to the services provided and disbursements incurred on account and as they are completed. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due upon receipt.
In accordance with the law, any delay in payment obliges the Service Provider to charge late payment interest at a rate of < TAUX > times that of the legal interest rate; furthermore, the Service Provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice, without such non-performance being attributable to them.
OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider’s commitments constitute an obligation of means, meaning that the Services will be executed in strict compliance with customary professional rules and, where applicable, in accordance with the terms of the contract. To this end, the Service Provider will assign professionals with the required skills to the execution of the Services to ensure their completion in accordance with its quality standards.
OBLIGATIONS OF THE CLIENT
In order to facilitate the proper execution of the Services, the Client undertakes:
– to provide the Service Provider with complete, accurate, and timely information and documents, without the Service Provider being obliged to verify their completeness or accuracy,
– to make decisions within deadlines and obtain the necessary hierarchical approvals,
– to designate a correspondent invested with decision-making power,
– to ensure that key contacts and the correspondent are available throughout the execution of the Services,
– to directly inform the Service Provider of any potential difficulties relating to the execution of the Services.
SERVICE PROVIDER’S PERSONNEL
By virtue of the hierarchical and disciplinary authority exclusively exercised over its personnel, the latter will remain under our effective control throughout the complete execution of the Services.
In the event of intervention on the Client’s premises, the Service Provider undertakes to comply with the hygiene and safety obligations communicated by the Client, provided that its personnel are granted protection identical to that afforded to the Service Provider’s employees.
The Service Provider guarantees the regularity of its personnel’s situation with regard to articles L.1221-10 et seq. and L. 3243-1 et seq. of the Labor Code. The Service Provider further certifies compliance with the provisions of articles L. 8221-1 and L. 8221-2 of the Labor Code, relating to the fight against undeclared work, as well as with the provisions of Book III Title IV of the Labor Code.
During the term of the Services and for a period of one year after their completion, the Client undertakes not to solicit or attempt to poach (or assist any other person in soliciting or attempting to poach) any employee of the Service Provider with whom they have had contact in connection with the execution of the Services. In case of violation, the Client shall owe the Service Provider, by way of penalty clause, compensation equal to one year of the last gross salary of the person thus poached.
INFORMATION AND CONFIDENTIALITY
The Service Provider is subject to a legal obligation of professional secrecy.
Each party undertakes not to disclose confidential information received from the other party. Confidential information means information of any nature, visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects, and personnel of each party. Subject to the exceptions listed below, this confidentiality obligation will take effect for a period of two years following the termination of the Services. Also confidential are the content of the Services, as well as the reports, correspondence, information, notes, quotes, provided by the Service Provider during the execution of the services. These documents are communicated to the Client for strictly internal use and on condition that they are not disclosed to third parties or attached to any document the Client may be required to produce. If the Client wishes all or part of these documents to be disclosed to and/or used by a third party, they must obtain prior written authorization from the Service Provider. The terms applicable to such disclosure will then be determined.
The obligations and restrictions set out above do not apply:
– to confidential information that belongs to the public domain, or was freely acquired before the start of the Service,
– is or becomes known otherwise than as a result of a breach of this article,
– is or becomes known through other sources not subject to a disclosure restriction,
– or must be communicated by virtue of a legal or professional obligation or at the request of any judicial or regulatory authority authorized to demand the disclosure of confidential information.
Subject to its confidentiality obligations, the Service Provider reserves the right to perform Services for companies that are competitors of the Client.
The Client acknowledges and accepts:
– that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents by email circulating on the internet;
– that neither party has control over the capacity, reliability, access, or security of these emails,
– that the Service Provider cannot be held responsible for any loss, damage, costs, or harm caused by the loss, delay, interception, misappropriation, or alteration of any email caused by any event whatsoever. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of January 6, 1978, relating to data processing, files, and freedoms.
INTELLECTUAL PROPERTY
In the event that one of the Service Provider’s recommendations or the use of elements delivered following one of its recommendations would involve the use of goods subject to third-party intellectual property rights, the Service Provider will inform the Client of the existence of these rights and the consequences of their use. It will then be the Client’s responsibility, and under its sole liability, to take all measures enabling the use of such rights, particularly by negotiating usage rights on its own behalf under conditions such that the Service Provider is able to avail itself of them for the purposes of the Services.
For the specific needs of the Services, the Service Provider may use or develop software, including spreadsheets, documents, databases, and other computer tools.
In certain cases, these aids may be made available to the Client upon request. Insofar as these tools have been developed specifically for the Service Provider’s needs and without consideration of the Client’s specific needs, they are made available to the Client for the duration of the contract as is and without any attached guarantee, solely for usage purposes; they must not be distributed, shared, or communicated to third parties, whether in whole or in part. This temporary provision shall not imply any transfer of rights or guarantee, regardless of the title, to the benefit of the Client or the third party.
The Service Provider reserves all right, title, and interest in:
– original elements appearing in the works, documents, memos, consultations, opinions, conclusions, or other procedural acts, etc., produced within the framework of the Services, including but not limited to, any copyright, trademark, and any other intellectual property rights relating thereto,
– all methods, processes, techniques, developments, and know-how incorporated or not into the Services or that the Service Provider may be led to develop or provide within the framework of the Services.
The Client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by the Service Provider and integrated into its works. The Client is prohibited from distributing, marketing, and more generally making available or licensing the use of these same creations and more generally licensing the use of these same elements to third parties without the Service Provider’s agreement.
Neither party may mention or use the name, denomination, trademarks and logos, or other appellations, commercial or non-commercial, of the other Party without the prior written consent of the latter. By derogation from the foregoing, the Service Provider may use the Client’s name, denomination, trademarks, and logos during the contract to the extent strictly necessary for the execution of the services, including in proposals for subsequent services. Furthermore, the Client authorizes the Service Provider, upon completion of the services, to cite its name/denomination as a reference and, where applicable, accompany this citation with a generic description of the Services performed.
DOCUMENTS
The Service Provider will keep the original documents that have been handed over to it and will return them to the Client upon request. All documents, data, or information that the Client has provided will remain its property.
The Service Provider will keep a copy of only the documents necessary for the compilation of its work files.
The work documents prepared as part of the Services are our property and are covered by professional secrecy.
CONFLICTS OF INTEREST – INDEPENDENCE
In the event that a conflict of interest or an independence issue arises during the execution of the Services, the Service Provider will immediately inform the Client and seek with them the most appropriate solution to the situation in compliance with applicable rules. More particularly, if a change in regulations or professional standards prohibited the Service Provider from continuing its Services, it will make available to the Client the results of the Services as well as all documents necessary for their finalization, including its Documents as they are, in order to facilitate their continuation by a third party.
LIMITATION OF LIABILITY
The full liability of the Service Provider and its employees concerning any breach, negligence, or fault identified during the execution of the Services, will be capped at the amount of fees paid for the Services in question, in order to cover claims of any nature (including interest and costs), regardless of the number of actions, grounds invoked, or parties to the disputes.
This stipulation shall not apply to liability for death or personal injury, nor to any other liability that the law prohibits from being excluded or limited.
Furthermore, the Service Provider’s liability cannot be engaged in the following cases:
– following a defect or deficiency in a product or service whose supply or delivery is not incumbent upon it or its potential subcontractors,
– for facts and/or data that do not fall within the scope of the Services and/or are not an extension thereof,
– in case of use of the results of the Services for a purpose or in a context different from that in which they were performed, erroneous implementation of recommendations, or failure to take into account the Service Provider’s reservations.
Neither the Service Provider nor its insurers shall be liable for indirect damages, loss of earnings, loss of opportunity or anticipated profits, nor for the financial consequences of any actions brought by third parties against the Client.
ASSIGNABILITY – SUBCONTRACTING
The Service Provider reserves the right to assign all or part of the execution of the Services to Service Providers meeting the same qualification requirements.
If the Service requires specific technical skills, the Service Provider will inform the Client about the possibility of subcontracting a part of it. The subcontractor will then act under the sole responsibility of the Service Provider and will undertake to keep confidential all information of which it becomes aware during the services.
COMPLAINTS
All complaints, whether amicable or judicial, relating to the execution of the Services must be submitted within one year from the completion of the Service.
INDEPENDENCE
The execution of the Services does not in any case result in the creation of a mandate relationship or a de facto company between the Client and the Service Provider. Neither party is authorized to commit or bind the other.
CONTACT US
Allo Site internet is at your disposal for all your comments or suggestions. You can write to us in French, English, or Spanish by email at: info@allositeinternet.com.