CGS

Last updated: 26/04/2024

Antoine Liard is an individual entrepreneur under French law whose registered office is at 109 Avenue du Général Leclerc, 92340, Bourg-la-Reine, represented by Antoine Liard.

The Service Provider may be contacted at the following coordinates:
– 109 Avenue du Général Leclerc, 92340, Bourg-la-Reine
– +33 6 95 43 32 42
– antoineliard92@gmail.com

Article 1 – SCOPE
These General Conditions of Services (the “General Conditions”) apply to the following services (the “Services”) provided by the Service Provider to any professional client wishing to benefit from them (the “Client”):
– Brevo setup
– Synchronization of Brevo with back office
– Creation of mailing automations
– Creation of contact lists
– Segmentation of contact lists
– Email template creation
– Digital marketing advice
– Digital communication advice
The main features of the Services are set out in the Annex hereto.
Any order for Services implies, on the part of the Customer, the prior acceptance without restriction or reservation of the General Conditions, which the Customer declares to have read.
The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in any documents issued by the Customer, and in particular in its general conditions of purchase.
The General Terms and Conditions shall apply subject to any stipulation to the contrary contained in the purchase order or special conditions, if any, concluded between the Service Provider and the Customer concerned.

Article 2 – ORDERS
Each order of Services gives rise to the establishment of a detailed estimate, valid for a period of 15 days from its date of creation.
The order is final upon acceptance and signature of the quote by the Customer, the latter being then a purchase order.
The order form, the nature of the Services and their terms of performance may not be modified without the prior written consent of the Service Provider.
In case of cancellation by the Customer of a confirmed order, for any reason whatsoever, and without prejudice to any additional damages:
– the deposit, if any, paid on the order by the Client will remain automatically acquired by the Service Provider and will not give rise to any refund;
– in the absence of a deposit, an amount corresponding to 50% of the total price excluding taxes of the Services will be due to the Service Provider and invoiced to the Client.

Article 3 – TARIFF CONDITIONS
The Services are provided at the rate of the Service Provider in force on the date of signature of the purchase order, expressed in euros excluding taxes.
In the event of a price that cannot be determined a priori, the price of the Services is determined in the purchase order according to the nature of the Services, the level of competence and expertise required and the number, qualification and experience of the necessary personnel.
In the event of a fixed price, the fees for the Services and/or hourly billing rates applicable on the date hereof are set out in the Appendix.
The tariff is firm and cannot be revised during the period of performance of the Services, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code.
The Service Provider reserves the right to change its prices at any time for any Services that would be subscribed after this change.
When the Services are in successive execution, billable at regular maturity and may be subject to tacit renewal, any modification of the tariff of the Services will take effect during the next contractual period. If the Client does not terminate the contract before this effective date, the new pricing will apply to the new contractual period.
Any change in rates resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
Any price reductions, discounts and discounts may apply to the Services under the conditions provided in the Appendix or in any other document that would be communicated
to the Customer. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotion period.
The costs incurred for the performance of the Services may be charged back to the customer (travel expenses, accommodation, disbursements, etc.) according to the agreement of the parties appearing in the order form.

Article 4 – BILLING AND PAYMENT CONDITIONS
In case of specific services:
If cash payment on Order:
The Services are invoiced and the price is due in full and payable in cash on the day of signing the purchase order.
If cash payment on supply:
The Services are invoiced and the price is due in full and payable in cash on the day of their supply.
If a deposit is due on the order:
A deposit of 25% of the total price of the Services is invoiced by the Service Provider and payable to the Customer on the day of signing the purchase order, the balance being invoiced and payable at the end of the provision of the Services.
In the event of a price payable in the future:
The Services are invoiced and the price is due in full and payable in a single payment within 7 days of their provision.
In case of successive execution services:
If cash payment on Order:
The Services are invoiced and the price is due in full and payable in cash on the day of signing the purchase order for the upcoming contractual period.
If payment due on a regular basis:
The Services are invoiced and the price is due and payable between the 1st and the 7th of each month giving rise to the provision of the Services.
The following payment methods can be used:
– Bank transfer
In case of early payment by the Client, no discount will be applied. Under no circumstances may payments be suspended or set off without prior written agreement between the Service Provider and the Client. Any suspension, deduction or set-off operated unilaterally by the Customer will be treated as a default and will result in all the consequences of a late payment.
It is expressly agreed that the Client is validly put in formal notice to pay by the sole enforceability of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the deadlines, the Service Provider reserves the right, without any compensation being due to the Client, to:
– demand the immediate payment of all sums due under the Services, which shall become immediately payable whatever their originally foreseen maturity;
– refuse any new order or require for any new order a cash payment or guarantee for the proper performance of the commitments;
– deduct any partial payment in the first place from the non-privileged part of the claim and then from the sums payable the longest ago;
– reduce, suspend or cancel the Services in progress, 7 days after formal notice remained without effect, carried out by the Service Provider with the Client;
– apply, without prior notice, to all sums due, from the first day of delay and until full payment, late penalties calculated at the rate referred to in Article L.441-6 of the French Commercial Code; and/or
– require the payment of a lump sum indemnity of € 40 for recovery costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums remaining to him, without prejudice to the compensation of any damage actually suffered.

Article 5 – PROCEDURES FOR PROVIDING SERVICES
The Service Provider declares that it has the necessary skills, experience and means to provide the Services, and will assume full responsibility for both the performance of the Services and the organization of the work of its staff, where applicable.
The Service Provider shall provide the Services in good faith and shall implement all the due diligence required for the performance of its obligations under these General Conditions, in compliance with the legislative and regulatory provisions and the rights of third parties.
In particular, the Service Provider undertakes to:
– provide all the care required by professional diligence and market practices for the performance of the Services;
– if necessary implement or make available adequate means for the performance of the Services;
– in the absence of immediate performance of the Services, make its best efforts to ensure compliance with the indicative deadline or schedule contained in the purchase order.
The Service Provider shall provide the Services at the place agreed with the Customer in the order form. In the event that the Service Provider provides the Services on the Client’s premises, the Service Provider shall comply with, and ensure that its personnel comply with, the reasonable standards of security and the hygiene, security and confidentiality procedures in force on such premises.
The Service Provider shall cooperate actively and in good faith with the Client in all matters, with a view to the proper performance of the Services, and shall immediately inform the Client of any difficulty or dispute arising during the performance of its mission.
The Service Provider shall provide the Services in complete independence and autonomy. Neither the Service Provider, its managers, nor the members of its staff, may claim to be agents, subcontractors or employees of the Client and shall not have the power or authority to take decisions, commitments, or enter into contracts in the name and on behalf of the Client, in any manner whatsoever, unless prior and special written mandate given by the Client.
The Service Provider will be liable for taxes, social security contributions or penalties inherent to its activity as an independent professional, must complete all the formalities inherent to this status, respecting its legal and regulatory obligations with respect to the employment and remuneration of the personnel required to provide the Services. In particular, the Service Provider undertakes to provide the Client with a K-extract every six (6) months following the date of signature of a purchase orderbis and a certificate of provision of social declarations and payment of social security contributions and contributions from the URSSAF.
The Service Provider will inform the Client in advance in writing of any assignment or action that could create a conflict of interest situation, in such a way that the parties determine by mutual agreement the decisions to be taken and the measures to be put in place in order to protect the interests of the client.

Article 6 – CLIENT OBLIGATIONS
The Client shall cooperate actively and in good faith with the Service Provider in all areas for the proper performance of the Services.
In particular, it communicates information and documents of a complete, accurate and sincere nature and takes the decisions reasonably necessary within the time required for the performance of the Services. The Service Provider shall be entitled to use any information communicated by the Client for the purposes of the performance of the Services or obtained through public sources of information generally considered reliable and to assume, without liability, that this element is accurate, precise, sincere, complete and does not contain any inaccuracy or insufficiency likely to alter the scope.
The Client is required to designate an available representative with the decision-making power who will be the Service Provider’s main interlocutor in the management of their relations with respect to the performance of the Services.
The Client may not change, during the performance of the Services, their nature or their terms of supply, unless previously agreed in writing by the Service Provider.
It undertakes to immediately inform the Service Provider of any difficulty, reservation or dispute arising during the performance of the Services, in order to allow an amicable settlement of the situation.
The Customer pays the price of the Services under the conditions and in accordance with the terms provided for herein.

Article 7 – CLAIMS
In the event of non-performance or defective performance of the Services, the Client must notify the Service Provider and formulate its grievances, reservations and relevant supporting documents within thirty (30) calendar days following the date on which it becomes aware of them, to enable the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Client’s initial notification.
In the absence of an amicable settlement under the above conditions and in the event of a sufficiently serious breach by the Service Provider, the Customer may terminate the General Conditions under the conditions provided for in Article 13 and obtain, where applicable, damages from the Service Provider for the purpose of repairing the damage suffered, the Client renouncing in advance to request a forced performance in kind of the Services by the Service Provider or a third party or a proportional reduction of the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.

Article 8 – RESPONSIBILITIES OF THE SERVICE PROVIDER
The Service Provider is bound by an obligation of means for the provision of the Services.
The Service Provider cannot be held liable:
– in the event of a breach of any obligation resulting from a fortuitous event or an event of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, plant closures, flooding, fires, failure to
production or non-consecutive transport of its own, disruption of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Company from properly performing its obligations;
– in the event that the information, data, instructions, directives, materials or media communicated by the Customer are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the behavior, a breach or deficiency of the Client;
– if the results of the Services are used for a different purpose or purpose than those for which the Service Provider intervened, if the Service Provider’s recommendations are incorrectly implemented or if the Service Provider’s reservations are not taken into account.
In any event, the Service Provider shall not be liable for any indirect or immaterial damages or losses such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of business, damage or commercial disturbance or image damage, which may result from the defective supply or lack of supply of the Services.
The Service Provider’s liability may not exceed an amount equal to the price excluding taxes collected from the Client for the provision of the Services during the last twelve (12) months.
In accordance with the provisions of Article 2254 of the French Civil Code, any legal action by a Client against the Service Provider is affected by the limitation period at the end of a period of one (1) year following the date on which the Customer concerned became aware or is presumed to have become aware of the harmful event.

Article 9 – NO SOLICITATION
The Customer shall refrain, for the duration of these General Conditions increased by a period of one (1) year after their termination or end for any reason whatsoever, to induce or attempt to induce, directly or indirectly and in any way, any employee, consultant, agent or representative of the Service Provider, to leave the Service Provider or to enter the service, in any way whatsoever (as an employee, agent, consultant, shareholder or other), of another company.

Article 10 – CONFIDENTIALITY
During the period of provision of the Services, each party may read or receive confidential information, documents and/or data about the other party. Therefore, each party undertakes, both on its own behalf and on behalf of its agents for whom it is committed, to preserve the strict confidentiality of all information, documents and/or confidential data of any kind in relation to the results, the activity or clientele of the other party or any information received or obtained from a party in connection with or in connection with the performance of the Services.
This commitment of confidentiality of the parties is valid, both for the duration of provision of the Services and for a period of two (2) years following their provision.

Article 11 – INTELLECTUAL PROPERTY
Unless previously agreed in writing by the Service Provider, the Service Provider is the exclusive owner of all intellectual property rights in the elements communicated to the Client in the context of the provision of the Services, and in particular without limitation on the graphic charter, title, form, plan and structure of the information and documents communicated, texts, logos, brands, images and photographers, animations and videos, slogans, databases and more generally all or part of the elements communicated.
Consequently, these General Conditions do not entail the transfer of any of these intellectual property rights to the Client, who is prohibited from reproducing, using and/or representing, by any process whatsoever, even partially, any element over which the Service Provider holds an intellectual property right.
By way of exception to the above, the Service Provider grants to the Client, subject to the latter’s compliance with these General Conditions, a non-exclusive and non-transferable right to access, download and print, where appropriate, the information communicated in connection with the provision of the Services and of which it has full ownership, for personal and non-commercial internal use.

Article 12 – PERSONAL DATA
12.1 Nature of personal data collected
The Service Provider undertakes to collect only personal data that is adequate, relevant and limited to what is necessary for the purposes for which they are processed. No personal data considered «sensitive», such as racial or ethnic origin, political, philosophical or religious opinions can be requested or collected from the Client.
The Customer is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the performance of the Service. The Client’s personal data that the Service Provider collects from it may include:
– First and last names
– His email address
– His phone number
– His date of birth
– His gender
– His postal address
12.2 Purpose of processing personal data
Personal data may be collected and used by the Service Provider for the purpose of providing the Services, and may be transmitted to companies responsible for the management, execution and processing of payment transactions.
The data collected may also be used in the context of the management of commercial relations in order to compile statistics, conduct market and behavioural studies and enable the Service Provider to improve and personalize the Services.
12.3 Retention, security and confidentiality of personal data
The personal data collected are processed and stored under conditions aimed at ensuring their security and are kept for the period strictly necessary to achieve the purposes referred to in Article 9.2 of these General Conditions above. Beyond this period, they will be kept for statistical purposes only and will not give rise to any exploitation of any kind whatsoever.
This data may also be stored for security and storage purposes, in order to comply with the legal and regulatory obligations to which the Service Provider is subject.
The Service Provider undertakes to put in place technical and organisational security measures to ensure the security, integrity and confidentiality of all personal data, in order to prevent suchbe deformed, damaged or accessed by unauthorized third parties.
However, it is specified that since no security measure is infallible, the Service Provider cannot guarantee absolute security to the Customer’s personal data.
12.4 Transfer of personal data
No transfer of personal data takes place outside the European Union.
Except in the event that a third party asks the Customer to accept a privacy policy and conditions of use that are specific to it, the third-party companies that have received the User’s personal data have undertaken to process their personal data solely for the implementation of the Service Provider’s Services.
The Service Provider undertakes never to share the Customer’s personal data, without his prior consent, with third party companies for marketing and/or commercial purposes.
However, the Service Provider may be required to disclose personal data of the Client to the administrative or judicial authorities when their disclosure is necessary for identification, the arrest or prosecution of any individual likely to prejudice the rights of the Service Provider, any other client or a third party. The Service Provider may finally
be legally obliged to disclose the User’s personal data and in this case cannot object.
12.5 Rights of the Customer over his personal data
In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 («GDPR»), each Customer has a right of access, rectification and erasure of personal data concerning him, that it may exercise directly with the Service Provider’s customer service department by contacting it at the e-mail address antoineliard92@gmail.com or at the postal address 109 Avenue du Général Leclerc, 92340, Bourg-la-Reine, attaching to its request a copy of an identity document.
In addition, within the limits set by law, the Customer also has the right to oppose the processing, to limit it, to decide the post-mortem fate of its data, withdraw consent at any time and the right to portability of the personal data provided.

Article 13 – TERM – TERMINATION
In the event of a one-off sale or in application of special conditions, these General Conditions are concluded for the duration of the provision of the Services, as may be mentioned in special conditions or in the order form.
In the event of a sale with successive execution, these General Conditions are concluded for an initial period of one (1) year. In the absence of termination of these General Conditions within 1 month preceding the end of this initial term, the provision of the Services and the General Conditions are tacitly renewed for a new period of a period equivalent to the initial term, the tariff conditions in force on the date of the renewal.
The Service Provider or the Client may terminate the General Terms and Conditions automatically in advance by sending a written notification:
– in the event of the occurrence of a case of force majeure referred to in Article 8 hereof;
– after notifying the other party in the event of a serious breach of its obligations or under the applicable laws and regulations, which has not been remedied within fifteen (15) days (where the breach can be remedied) following written notification of the nature of the failure and the need to remedy it.

Article 14 – NOTIFICATIONS
Any notification or written notice required or permitted under the provisions hereof shall be validly effected if it is sent by hand-delivered letter or by bearer against delivery receipt, by registered mail with acknowledgement of receipt, or by e-mail (except in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change in the contact details of one party for the purposes of this Agreement shall be notified to the other party in the manner provided above.
Notifications sent in person or by bearer will be presumed to have been made on their delivery date to the recipient, as attested by the delivery receipt. Notifications made by registered mail with acknowledgement of receipt will be presumed to have been made on the date of their first presentation to the recipient’s address. Email notifications will be deemed to have been made on the date the email was sent.

Article 15 – AUTONOMY AND ABSENCE OF WAIVER
If any of the provisions of these General Conditions were declared null or unenforceable for any reason whatsoever pursuant to a law, regulation or following a court decision that has become final, it would be deemed unwritten and the other provisions would remain in force.
The fact that the Service Provider does not avail itself on a temporary or permanent basis of one or more stipulations of the General Terms and Conditions shall in no case constitute a waiver.

Article 16 – AMENDMENT
The Service Provider reserves the right to modify at any time the content of these General Conditions for the placing of new orders for Services.
Any order resulting from a modification of the General Conditions will imply acceptance by each Customer of the new version of the General Conditions which will be communicated to him.

Article 17 – DISPUTES
Disputes that may arise within the framework of the contractual relations established between the Client and the Service Provider must be resolved, as far as possible, amicably.
Failing amicable settlement within one month from the referral of one of the parties, all disputes to which the General Conditions could give rise, concerning both their validity, interpretation, performance, termination, their consequences and their consequences, will be submitted to the court of PARIS.

Article 18 – APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Conditions and the resulting operations are governed and subject to French law. They are written in French. In the event of a translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Appendix: Characteristics of the Services
– Installation of Brevo: Installation of the Brevo plugin in the back office of the Customer’s website.
– Synchronization of Brevo with the back office: Synchronization of data between the back office of the Customer’s website and the Brevo software.
– Creation of mailing automations: Creation of automated sequences and scenarios as part of a mailing campaign, a creation of contact lists or a segmentation of contact lists.
– Create contact lists: Create contact lists in order to segment contacts in the database.
– Segmentation of contact lists: Adding contacts to lists according to event or attribute conditions within sequences and scenarios.
– Email template creation: Graphic and text content creation, graphic charter creation and responsive email creation.
– Digital marketing advice: Implementation of digital marketing strategies according to the Customer’s needs.
– Digital communication advice: Implementation of digital communication strategy according to the needs of the Customer.
Appendix: Tariff Conditions
– Hourly rate up to forty (40) euros.
– Creation of email template to the tune of ninety (90) euros per unit.