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CGU

TERMS OF SALES

The General Conditions of Sale can be modified at any time, only the date of receipt of the 

signed estimate will be accepted for the application hereof.

 

Article 1 - Application 

These general conditions of sale are concluded, 

On the one hand between the company Collab & Assist Agency, Auto entreprise, established at 122 rue Amelot 75011 PARIS, under Siret number n ° 89846919200014 and represented by Ms. Lisa ROMITI, referred to as the "SERVICE PROVIDER", And on the other hand, by any natural or legal person wishing to use the services of Collab & Assist Agency, hereinafter referred to as "the CLIENT". They aim to define the contractual relations between Collab & Assist Agency and the CLIENT, as well as the conditions applicable to an order. They are given to each CUSTOMER and are available on our website. Consequently, any order from the CUSTOMER implies full adherence to them, to the exclusion of any other document of which the CUSTOMER may have been aware elsewhere (advertising, prospectus, etc.), or subject to any special Collab & Assist Agency conditions communicated to the CLIENT in the specific quotes offered to them.  

 

Article 2 - Services 

The PRESTAIRE offers one-off or regular assistance and advice services in administrative, commercial, budgetary and human resources management.  

 

Article 3 - Commitment 

The SERVICE PROVIDER commits his know-how and professionalism to the successful completion of the missions entrusted to him, as well as to respecting the deadlines agreed with the CLIENT when ordering. 

The CLIENT undertakes to provide the PRESTAIRE with all the elements (these must be of good quality and provided on valid media) necessary for the accomplishment of the defined mission. Any delay or omission on the part of the CUSTOMER may result in either a revision of the delivery date or a cancellation of the order.

Article 4 - Places 

The services are provided either in the premises of the PRESTAIRE, or in the offices of the CLIENT after agreement of each.  

Article 5 - Quotation and order 

Each order will have, beforehand, been the subject of a free estimate, established by the PRESTAIRE on the basis of the information communicated by the CUSTOMER and indicating the detail of the service to be performed. 

The order is confirmed by the signature of these General Conditions of Sale, as well as by the signature of the quote, unmodified, affixed with the words "Good for agreement" and the CUSTOMER's stamp, returned by post to the SERVICE PROVIDER and accompanied by the 'deposit mentioned on the estimate. Order confirmations can also be sent electronically with the expression of consent. Failing receipt of acceptance of the quote, the SERVICE PROVIDER reserves the right not to start his service. Failing confirmation of his order according to the terms defined above within one month from the date sending the estimate, it will be deemed null and void.


The SERVICE PROVIDER reserves the right, after having informed the CUSTOMER, to increase the prices of the services and / or not to respect the delivery date appearing on the CUSTOMER's initial order confirmation, in particular in the following cases:
1. Modification or addition of additional documents by the CUSTOMER subsequent to the establishment of the estimate by the SERVICE PROVIDER; in which case, the SERVICE PROVIDER reserves the right to adjust the price according to the volume of additional work observed or requested;
2. Any request for services to be carried out urgently (notice period of less than 24h00 and / or after 18h00), or on Saturdays, Sundays and public holidays.
In the absence of the CLIENT's express agreement on these new delivery and / or invoicing conditions, the SERVICE PROVIDER reserves the right not to start his service.
Unless otherwise agreed indicated on the estimate, the costs incurred for the performance of the service (travel, sending of express mail, etc.) are the responsibility of the CUSTOMER.  

Article 6 - Deposit 

All orders will be subject to a 30% deposit request. In this case, the performance of the services will not begin until the deposit has been received.  

 

Article 7 - Prices 

The prices for the services are those in effect at the time the CUSTOMER takes the order. The prices are given in euros. Business services are negotiated over-the-counter and their final price may vary depending on the specific requirements of the services, either in favor of the CLIENT or in favor of the SERVICE PROVIDER. Thus, the prices indicated on the SERVICE PROVIDER's communication media are indicative and in no way replace a proper personalized quote. 

The prices are revisable on January 1st of each year. However, the SERVICE PROVIDER grants itself the right to modify its prices at any time without prior notice and without calling into question the commitments already made vis-à-vis the CUSTOMER. All invoicing at the hourly rate is understood with the first indivisible hour.  

 

Article 8 - Supplements and additional costs 

Any service provided urgently at the request of the CUSTOMER will be increased as follows: 

-   In the evening after 6:00 p.m., or in an emergency during the day (notice period of less than 24:00): + 25% 

-   Weekends and holidays: + 50%.
  

Additional costs may be added to the quote accepted by the CUSTOMER: 

-   Specific supplies for the performance of services          

-   Postage at the current rate of La Poste 

-   Costs of services.  

Article 9 - Right of withdrawal and cancellation
A right of withdrawal will be accepted within the limit of seven days following the date of the signed estimate, only if provision is made for the start of performance of the service after this seven-day period. The CUSTOMER will then not be billed for any costs. In the event of cancellation of an order in progress, whatever the cause, the CUSTOMER undertakes to pay the totality of the service already carried out. This cancellation must be confirmed by the CLIENT to the SERVICE PROVIDER in writing. In the event that the SERVICE PROVIDER is no longer able to perform the assignment for a real and serious cause (accident, serious illness, etc.), the termination of this contract will take place as of right after notification by registered letter, respecting seven days notice.

Article 10 - Terms of payment 

The SERVICE PROVIDER establishes an invoice at each end of one-off intervention, or monthly for one-off interventions requiring several months of work as well as for permanent interventions.
A deposit of 30% will be requested upon signature of the estimate before the start of the mission and will be clearly mentioned on it. The balance must be paid on delivery of the work and receipt of the invoice will take place no later than fifteen days after the invoice date. 

Any complaint relating to an invoice must be sent in writing to the SERVICE PROVIDER's head office eight working days after receipt. Otherwise, the CUSTOMER will no longer be able to dispute this invoice.


Payment can be made by:
- Bank or postal check payable to Collab & Assist Agency and sent to the following address: 122 rue Amelot - 75011 PARIS

- Bank transfer (an RIB will be sent to you). 

- Via a mobile application dedicated for this purpose called hereafter TRIPARTIE whose registered office is located at 229, rue Solférino - 59000 Lille under the SIRET number 83845973300047 (see their T & Cs and Legal Notices).

Article 11 - Late payment penalties 

In the event of non-payment of an invoice on the due date, a late payment penalty equal to the legal interest rate plus a lump sum compensation for collection costs of 40 euros, in accordance with article L441-6 and D441-5 of the Commercial Code, is payable without any formal notice being necessary. This penalty, calculated on the net amount of the sum remaining due, runs automatically on the day following the date of payment shown on the invoice, as does the lump sum compensation for recovery costs of 40 euros.

In the event of judicial recovery, the CUSTOMER will bear all the costs of formal notice and litigation, as well as the invoicing, as a penalty clause, of a sum equal to 15% of the total amount of the order placed by the CUSTOMER, with a fixed minimum of thirty euros per case, without prejudice to any damages or indemnities that the SERVICE PROVIDER may claim. 

In addition, in the event of non-payment of the invoice by the date set by it, the SERVICE PROVIDER shall have the right to suspend or cancel the provision of services requested by the CUSTOMER, to suspend the fulfillment of its obligations, reduce or cancel any discounts granted to the CUSTOMER.  

 

Article 12 - Communication media 

12.1 - Texts
The CUSTOMER must provide all the texts in the final version. Any modification or correction of language will be invoiced by the hour at the rate in force at the time of signing the contract, any half-hour started being due.
12.2 - Images
The CUSTOMER must provide the SERVICE PROVIDER with visuals of sufficient quality for their use in productions (ie 300 dpi) and will ensure that the images provided respect image rights.
12.3 - Intellectual property - Copyright - Rights of use
The SERVICE PROVIDER is the sole owner of the copyrights of the works. The use of his creations will be the subject of a copyright assignment contract signed by both parties. Any sale of source files, at the request of the CUSTOMER, will result in a revision of the transfer contract and will be the subject of a price proposal.
12.4 - Distribution of creations
The SERVICE PROVIDER reserves the right to distribute the creations made for presentation purposes, and on any type of medium. In the event of refusal, the CUSTOMER must inform the SERVICE PROVIDER of their arrangements in writing.
12.5 - Validation of models
In the absence of validation of the model by the CUSTOMER within 7 days, it will be considered as validated by both parties.

 

Article 13 - Data Protection Act 

In accordance with article 40 of law n ° 78-17 of January 6, 1978, the CUSTOMER will have the right to rectify, modify and delete the data that he has communicated to the SERVICE PROVIDER.  

 

Article 14 - Confidentiality 

The SERVICE PROVIDER undertakes to respect the confidentiality of the information brought to his attention before, during or after the performance of his service. The originals are returned to the CUSTOMER on request.
The PROVIDER cannot be held liable for interception or misappropriation of information during data transfer, in particular via the Internet. Consequently, it is up to the CUSTOMER to inform, before or during the order, the SERVICE PROVIDER of the means of transfer that he wishes to see implemented in order to guarantee the confidentiality of any sensitive information.  

 

Article 15 - Ownership 

The work carried out will remain the property of the PRESTAIRE until full payment of their price in application of the law of May 12, 1980. The non-payment of the sums due by the CUSTOMER will give the right to
PRESTAIRE to demand the immediate return of the work delivered at the expense, risk and peril of the CLIENT.  

 

Article 16 - Liability and Force majeure 

The SERVICE PROVIDER undertakes, as an obligation of means, to perform its obligations with all the care in use in its profession and to use the rules of the art of the moment. Each of the parties declares to be insured, in particular for Professional Civil Liability, with a well-known solvent company and to keep all the necessary insurance policies up to date. The SERVICE PROVIDER will implement all the necessary means placed at its disposal to take care and preserve the computer files and other documents which will be entrusted to it by the CLIENT for the performance of the service ordered. However, taking into account the risks of damage or deterioration incurred by this type of support, it will be up to the CUSTOMER to protect itself against it by any means at its convenience, which consequently releases the SERVICE PROVIDER from all liability. From the delivery of the documents delivered by the SERVICE PROVIDER, the CUSTOMER will be responsible for the use, operation and distribution of the content presented therein. It consequently releases the SERVICE PROVIDER from any liability and guarantees it against any recourse that may be brought against it, as a result or due to any loss of profits or commercial disturbance. The PROVIDER reserves the right to refuse any work whose intentions would be contrary to honesty or morals: (pornography, racism, incitement to violence ...). The texts, images and documents entrusted to the SERVICE PROVIDER remain the property of the CUSTOMER, who alone assumes the conditions of use, in particular with regard to rights and possible copyrights. The PROVIDER cannot be held responsible for any fraudulent use. The PROVIDER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these T & Cs results from a case of force majeure. As such, force majeure means any unforeseeable, irresistible and external event, within the meaning of article 1148 of the Civil Code.  

 

Article 17 - Territorial jurisdiction clause 

Complaints or disputes will always be received with attentive benevolence.
In the event of a dispute, the CUSTOMER will first contact the SERVICE PROVIDER to obtain an amicable solution.
Otherwise, these general conditions of sale being subject to French law, any dispute that may arise between the parties will fall under the exclusive jurisdiction of the courts of Paris, regardless of the place of performance of the contract. 

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