GENERAL CONDITIONS OF PROVISION OF SERVICES
ARTICLE 1: GENERAL PROVISIONS
These General Terms and Conditions of Services, hereinafter referred to as CGPS, constitute the agreement governing, during its term, the relations between FM Consulting / CoDeveloppons, hereinafter referred to as "the Service Provider" and its customers within the framework of the provision of services. .
In the absence of a specific contract concluded between the service provider and his client, the services provided are subject to the CGPS described below. Any order placed as well as any contract concluded with FM Consulting / CoDeveloppons imply the customer's full, complete and unreserved acceptance of these CGPS. 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 invoke it.
Unrestricted acceptance of these General Conditions prevails over the Client's general conditions. Any contrary clauses to the present, prescribed by the Client, can only engage FM Consulting / CoDeveloppons if they have been formally accepted by FM Consulting / CoDeveloppons.
ARTICLE 2: NATURE OF SERVICES
FM Consulting / CoDeveloppons offers companies and individuals: individual coaching, group coaching, facilitation, remote support and event organization services.
ARTICLE 3: QUOTATION AND ORDER
The service provider intervenes at the express request of the customer. A free estimate or a contract will be made for any service.
The quote sent by the service provider to the customer in duplicate, specifies:
- The nature of the service
- The price of the service excluding taxes
- The amount of any discounts and rebates
- Payment terms
- The period of validity of the quote
- The customer's full and complete adherence to the CGPS
The work schedule detailing the actions / obligations of the client and the service provider, as well as the completion deadlines may be detailed in the special conditions appended to the estimate.
To confirm his order firmly and definitively, the customer must return the estimate and appendices to us without any modification:
- Either by post or by fax, duly signed and dated with the mention "Received before the performance of the services, read and accepted" from the person legally responsible as well as the commercial stamp
- Or by e-mail including the above-mentioned scanned document, duly completed.
The order will be validated only after return of the estimate or the contract, accepted and signed, possibly accompanied by the payment of a deposit. In the absence of receipt of the client's agreement and the possible down payment, or from the expiry date of the quote, the quote proposal is considered canceled and the service provider reserves the right not to start its benefit.
The validation of the order implies the full, complete and unreserved acceptance of the customer to these CGPS
ARTICLE 4: PRICE
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.
The VAT rate and applicable taxes are those imposed by current French legislation on the date of conclusion of the contract.
Prices can be calculated on a fixed price, per hour or per day.
It is agreed between the parties that the payment by the customer of all of the service provider's fees constitutes receipt and final acceptance of the services.
ARTICLE 5: DISCOUNTS AND DISCOUNTS
The prices offered include the discounts and rebates that the service provider would be required to grant.
ARTICLE 6: TERMS OF PAYMENT
Unless otherwise provided, invoices are payable upon receipt of the invoice, reduced by the deposit where applicable. Payment is made by check, or by bank transfer. No discount will be granted in the event of early payment.
Upon acceptance of the estimate, and if the estimate stipulates the payment of a deposit, the start of work will take place after receipt of this amount. The balance will be invoiced at the end of the service.
ARTICLE 7: LATE PAYMENT
Any delay or default in payment will automatically result in:
- 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 for the services). This penalty is calculated on the amount excluding tax of the amount remaining due, and runs from the day following the settlement date shown on the invoice, until full payment, without any reminder or prior notice being given. required. The applicable rate is calculated pro rata temporis.
- The right for the service provider to suspend the execution of the current service and to suspend any new order.
Since January 1, 2013, a recovery indemnity of € 40 may be received by creditors in the event of late payment on each invoice in application of articles L441-3 and L441-6 of the Commercial Code.
ARTICLE 8: DURATION - TERMINATION
The duration of the services is defined in the quote or the contract.
Each party reserves the right to terminate the contract at any time in the event of non-compliance by the other party with any of its obligations under the contract, without prejudice to any possible damages that may be incurred. claimed from the defaulting party. The contract will end, for this purpose, ten (10) working days after the sending by the requesting party of a registered letter with acknowledgment of receipt mentioning the reason for the termination, provided that the other party has not, within the ten (10) day period, rectified the situation. In the event of incapacity or impossibility to remedy it within the aforementioned period, the requesting Party shall be entitled to terminate the Contract immediately.
In the event that a declaratory judgment of Adjustment or Judicial Liquidation is pronounced against the client, the latter undertakes to inform FM Consulting / CoDeveloppons without delay. The latter may then question the Judicial Administrator, the Creditors' Representative or the Liquidator's Representative by registered letter as to the continuation of the contract, it being understood that in the absence of a precise answer within a fortnight, the contract will be terminated automatically without any 'Any compensation cannot be demanded by the parties.
In the event of the end of the term (excluding subscription) or termination of the contract:
- The service provision 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 expiration of the contract, all the documents or information provided by the customer.
This contract is taken out for the duration of the assignment entrusted within the one-off framework, and for a minimum duration of one year within the framework of a subscription, the latter being tacitly renewed for identical periods. The contract may be terminated at the initiative of either party by registered letter with acknowledgment of receipt two months before the contractual expiry date, it being specified that failure to comply with this notice period will result in , in the absence of a specific agreement between the parties, the enforceability of their respective contractual obligations, in particular for a new period of one year for subscribed customers.
In the event of termination of the agreement by the customer, the sums corresponding to the services provided up to the effective date of the termination and not yet paid will be due by the customer.
ARTICLE 9: FORCE MAJEURE
No party can be considered defaulting in the performance of its obligations and be held liable, if and only if this obligation is affected, temporarily or permanently, 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. Within five (5) working days maximum of the occurrence of this cause, the defaulting party 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 continues beyond a period of fifteen (15) working days from the date of receipt of the notification of the case of force majeure, each party will 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 termination letter sent by registered mail with acknowledgment of receipt.
In the event that the agreement is terminated by the customer due to force majeure, the customer must pay the service provider all amounts due up to the date of termination.
ARTICLE 10: OBLIGATIONS AND CONFIDENTIALITY
The service provider undertakes to:
- Respect the strictest confidentiality concerning the information provided by the customer, and designated as such
- Do not divulge any information on the work and services provided for its customers,
- Return any document provided by the client at the end of the assignment,
- Sign a confidentiality agreement if the client wishes.
Information will not be considered confidential.
- which are available to the public,
- which must be disclosed in order to complete the filing formalities prescribed by law.
The clauses of the contract signed between the parties are considered confidential, and as such cannot be communicated to unauthorized third parties.
ARTICLE 11: RESPONSIBILITY
Considering the nature of the services provided, the service provider's obligation is an obligation of means and not of result.
The service provider undertakes to perform the services in accordance with the rules of the art and in the best way, under the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions.
Each party is responsible towards the other for any breach of the obligations imposed on it.
The customer undertakes to provide the service provider within the agreed timeframe with all the information and documents essential to the successful completion of the service as well as to a good understanding of the problems raised.
FM Consulting / CoDeveloppons declares that it holds a professional civil insurance policy covering all the consequences that may result directly from its professional activities.
The provider's liability cannot be engaged for:
- an error caused by a lack of information or erroneous information provided by the customer
- a delay caused by the customer which would make it impossible to meet the deadlines agreed or prescribed by law.
The provider's liability, if proven, will be limited to the amount excluding tax not exceeding half of the total amount excluding tax, actually paid by the customer for the service provided by the provider on the date of the complaint by registered letter. with acknowledgment of receipt
ARTICLE 12: DISPUTES
These CGPS and the contract signed between the parties are governed by French law. In the absence of an amicable resolution, any persistent dispute between the parties concerning the execution or interpretation of the CGPS and the contract will fall under the competence of the mediation services of the federation of trade and distribution companies.
ARTICLE 13: REFERENCES
The client authorizes FM Consulting / CoDeveloppons to mention the client's name, its logo as a reference in its communication media (brochure, website, public presentation, commercial meeting, commercial proposal, press relations, press release, file press, internal communication, etc.)