Agir - Solutions
Terms of Sales
The term Customer designates any legal or natural person, having required the skills of the AGIR - SOLUTIONS site in Portage Salarial (form of employment provided for by articles L.1254-1 to L.1254-31 of the Labor Code) for any conference , any workshop or any other service (complete list available on the " Services / Prices " menu).
The term Service Provider designates the AGIR - SOLUTIONS site , Independent employee supported by " NODALYS ", a simplified joint stock company with a single shareholder with a capital of 45,000 €, having the commercial name WebPortage , registered in the Trade and Companies Register of AIX EN PROVENCE under number 483 180 808 - whose registered office is located Lotissement l'Escapade Bât E D7N Hameau de Palette, 13100 LE THOLONET, represented by the company UP'N BIZ FINANCE (SIRET number: 483 180 808 00030 and VAT number intra-community: FR44 483 180 808).
- 2) GENERAL.
The purpose of these T & Cs is to define the rights and obligations of the parties during the sale of services (a specified service may not exceed thirty-six (36) months) by the Service Provider for a Client .
The Service Provider reserves the right to modify its T & Cs and its " Services / Prices " at any time and without notice.
These changes will have no effect on pending orders.
The Customer using the services of the Provider acknowledges having read and accepted the GTC without reservation.
3) CUSTOMER RESPONSIBILITIES.
The Customer undertakes to provide complete, real information and undertakes to prevent any change in the data provided.
The Customer will be solely responsible for any malfunctions which could result from incorrect or incomplete information.
- 4) COMMITMENTS OF THE PARTIES.
In general, the Client and the Service Provider undertake to collaborate actively in order to ensure the proper execution of the contract or the signed estimate (possible alternative to the contract, with the mention “Good for agreement”).
Each one undertakes to communicate all the difficulties of which it becomes aware, as they arise, to allow the other party to take the necessary / additional measures and deadlines.
- 5) THE CUSTOMER.
To enable the Service Provider to perform its service (s), the Client undertakes to:
➡ Provide the Service Provider with the quote or contract (dated, signed and / or stamped);
➡ Provide all the elements necessary for the proper performance of the service (s);
➡ Have all the necessary rights to the items provided;
➡ Actively collaborate, providing the Service Provider with all the information and documents necessary for the proper understanding of the needs and the proper execution of the service (s);
➡ Strictly comply with technical recommendations, etc. made by the Service Provider ;
➡ Guarantee the Service Provider against any action which may be brought to him due to the nature of the data or information (texts and images) which have been provided or chosen by the Customer ;
➡ Pay the sums due to the Service Provider ;
➡ Inform the Service Provider of a possible competition with external Service Providers;
➡ For certain services (Tickets for Workshops / Conferences / Assistance, ...), do not request any reimbursement if the service has already started (or postponed).
6) THE PROVIDER.
The Service Provider guarantees that the services or benefits are available and are not encumbered by Third Party rights (natural or legal person not party to the contract) for the uses provided for under the signed contract or estimate.
The Service Provider undertakes to inform the Customer on a regular and efficient basis (by Email, SMS or on the Website) of the progress of the performance of certain services which may sometimes require more time, (re) confirmations from the Customer , etc.
In terms of confidentiality and throughout and even after their termination for any reason whatsoever, the Service Provider undertakes to maintain the confidentiality of all information and documents of any nature whatsoever relating to the Customer , to which he could have had access in particular in the context of the performance of the service (s).
The Service Provider undertakes to carry out the planned missions while respecting an obligation of means, that is to say that he will use all his know-how in order to carry out the mission entrusted to him by the Customer .
The Service Provider undertakes to respect the deadlines as much as possible. In the event of additional delays or in the event of delay, the additional costs are payable by him. No reimbursement can be demanded once the service (s) have started.
- 7) ADDITIONAL COSTS.
Services that may be necessary for the performance of the Provider's services and which do not fall within its competence may not be included in the prices indicated on the estimate or contract. They can be, for example , external service providers (legal advice, etc.).
The payment of these will be made by the Customer directly with the Supplier, Partner or External Service Provider.
The textual content allowing the realization of the service (s) must be provided by the Customer and by Email.
8) For victims of a Fraud or a Scam .
The Service Provider offers an assistance service to Internet users:
➡ Who have doubts about a website and do not have the time to do research on the Internet;
➡ Who have discovered a questionable or potentially fraudulent website and do not have time to report it to authorities on the Internet;
➡ Who have been solicited by Email or on social networks to participate in or promote a questionable site .
➡ Who are under pressure, blackmail or threats on the Internet.
This service is not legal or tax advice, etc. If you are the victim of fraud or a scam, please contact " Info Escroqueries " directly on 0 805 805 817 (Monday to Friday from 9 a.m. to 6.30 p.m. - Toll-free number and free call ) .
9) ORDER FORM AND START OF THE SERVICE (s).
The Quote signed by the Customer constitutes acceptance and serves as an Order Form and may be supplemented by a Contract.
This must be accompanied by a first recommended payment of 50% of the total price of the services to be provided.
Certain services begin only when the Quote is signed / accepted, the deposit and the elements necessary for the proper completion of the contract, are also available to the Service Provider .
- 10) VALIDATION AND DELIVERY STEPS.
The Customer undertakes to send the Service Provider its validations clearly and explicitly by Email.
In the absence of validation or a modification request by the Customer within fifteen working days, these will be considered as validated by both parties.
The service performed, delivered (with or without delay) and tacitly validated, implies that the sums corresponding to the service are due.
- 11) INVOICE AND PAYMENT.
The Service Provider operates under the status of wage portage.
As such, the Service Provider is a member of the company WebPortage NODALYS, which ensures the administrative management of its activity.
Payments by check, cash and Paypal are accepted by the Service Provider.
The balance of the invoice is due in full upon delivery of the items to the Customer .
The costs of legal proceedings and fees for the recovery of unpaid invoices are the responsibility of the Customer .
The prices stipulated in the Quote or the Contract are valid for one month from the date of issue thereof.
These remain firm and cannot be revised if the order is made during this period.
The services to be provided are those clearly stated on the Quote, the Contract or the website.
All services not stated (or external) will not be included and will be the subject of an additional free estimate.
The prices are expressed in Euros and inclusive of all taxes.
12) H A NECESSARY REGULATIONS.
The Customer and the Service Provider agree to a payment deadline specified in the quote.
In the event of non-payment when due or partial payment, late payment penalties are automatically payable. In accordance with the regulations in force, these late payment penalties are equal to three (3) times the legal interest rate in force. A lump sum of 40
euros is due by the Customer to the Service Provider for any late payment of the service due under the terms of article D.441-5 of the Commercial Code. Also, for any default of payment by the agreed deadline, the Service Provider may suspend the performance of the service until
full payment of sums due.
- 13) REPRODUCTION AND DISTRIBUTION RIGHTS.
For certain services offered, protected by law n ° 92-597 of 07/01/1992 relating to the Code of intellectual property. It remains the moral and physical property of the Service Provider (Author).
Certain services offered cannot be modified, reproduced, sold or reused for another use of the project defined at the base, without the prior written consent of the Service Provider (Author).
Any other use than that indicated on the contract will be subject to additional fees or costs (on Quote).
- 14) COPYRIGHT AND TRADING NOTICE.
Unless the Client expressly and justified otherwise, the Service Provider reserves the right, for certain services offered, to include in the production a commercial mention clearly indicating his contribution as well as a link to his website.
- 15) RIGHT OF PUBLICITY.
Unless the Customer expressly and justified otherwise, the Service Provider reserves for certain services offered, the right to the customer's image, the right to mention the achievements made for the Customer on its external communication and advertising documents (websites, models, flyers, etc ...) and during sales prospecting.
16) FINANCIAL GUARANTEE .
The company AXA France IARD, an anonymous insurance company registered under 722 057 460 in the Trade and Companies Register of Nanterre, whose head office is located at "313 Terrasses de l'Arche, 92727 NANTERRE CEDEX", is the company of insurance that acts as surety for the Service Provider's Webportage company within the framework of the compulsory financial guarantee under the terms of article L.1254-26 of the Labor Code.
In the event of failure of the Service Provider 's employment portage company, the AXA France IARD insurance company will ensure the payment of salaries and their accessories, the business initiator's compensation, compulsory contributions due to social security or
social institutions and reimbursements that may fall to the employer in terms of social charges.
17) INSURANCE LIABILITY Civile e.
Civil Liability coverage is taken out on behalf of the employee (or Service Provider ) for all damage caused to the Customer during the performance of the service (s). This cover is taken out under number RCE1006 and under number RC1006-PJ0116 with the insurance company HISCOX, registered under number 524737681 in the Paris Trade and Companies Register.
18) APPLICABLE LAW AND COURT COMP E TENT.
These GTC are subject to French law. Any dispute relating to this contract shall be submitted, in the absence of an amicable agreement, to the Commercial Court in the jurisdiction of which the head office of the Service Provider's wage portage company is located.
Last updated: 29/07/2020