Preamble and definition

This is a translation of the general terms and conditions drawn up in French. In case of any discrepancy between the two versions, the French version shall prevail.

These general terms and conditions of sale and supply (“Conditions”) apply, without restriction or reservation, to all services and products supplied by PERTINEO GROUP, also known under its ACTION MEDIA brand name.

The ordering of a service implies the complete and unreserved acceptance by the Client of these Conditions.

 

The Agency refers to the company PERTINEO GROUP or its brand ACTION MEDIA.

The Client refers to the natural or legal person who signs the order form, the quotation or who has placed an order in writing.

Specification is the list of work requested from the Agency by the Client prior to any work being carried out.

Services" means all the services made available to the Client by the Agency, such as:

• Communication campaigns

• Events communication

• Graphic communication

• Media planning

• Press relations

• Production of photographs

• Studies and advice

• Website design, web campaigns

• And, in general, any service requested by the Customer that has been the subject of a formal proposal from the Agency.

 

Article 1 : Scope of application

The purpose of these Conditions is to define the conditions under which PERTINEO GROUP makes its services available to the Customer. They are communicated to any entity which requests them before placing an order and can be consulted on the website www.actionmedia.fr. Consequently, the Customer using the Agency acknowledges having read and accepted without reservation these Conditions, which constitute the legal basis of all PERTINEO GROUP contracts. They supersede any clause to the contrary, whether printed or not, proposed by the Customer or taken as a basis for drawing up his order if they have not been explicitly accepted by the Agency.

In the absence of specific provisions stipulated in writing, placing an order (signature/validation of a commercial proposal or quotation) implies full and complete acceptance of these Conditions.

The detailed technical characteristics of each product or service are stipulated on the order form, sales proposal, or quotation.

 

Article 2 : Quotations and orders

Quotations issued by the Agency are valid for a fixed period. All orders must be the subject of a written agreement between the parties.

 

Article 3 : Services and rates

The Agency's services and rates are detailed in the quotations.

In the event of a price increase, the Customer will be notified of the corresponding change 1 month before the date of application. If the Client does not contest these new rates within this one-month period, they will be deemed to have been definitively and irrevocably accepted by the Client.

 

Article 4 : Terms of payment

Invoices must be paid within 30 days of the invoice date unless an extension is provided for and accepted by the Agency or other conditions are specified in the quotation.

In the event of late payment or a payment incident, the Agency reserves the right to suspend the provision of services or to restrict the supply of services. Suspension of services does not exempt the Client from payment of all sums due and any surcharges applied.

Thus, in accordance with legal and regulatory provisions, late payment penalties of an amount equal to one and a half times the legal interest rate for the current calendar year will be applied from the day following the payment date shown on the invoice. A fixed indemnity of forty (40) euros for collection costs will also be applied.

These penalties are payable ipso jure without the need for a reminder.

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Article 5 : Changes, cancellations, and postponements

Any change to an order must be made in the same way as the initial order and as quickly as possible.

Any cancellation of an order by the Customer will result in the invoicing of all the work for which the Customer made a commitment in the signed quotation, considering that the Agency will have incurred expenses to meet the specifications.

Neither party shall be liable for any delay or failure to perform resulting from circumstances beyond its control.

 

Article 6 : Deadlines

Delivery times are given as an indication only. Delays for any reason whatsoever may under no circumstances be invoked as a reason for cancellation and do not give entitlement to any compensation or penalty unless otherwise agreed.

The Agency undertakes to provide its services in a professional manner. The Client must cooperate actively and meet the agreed deadlines.

 

Article 7 : Subcontracting

The Agency is authorized, without contrary written instructions from the Client to subcontract all or part of the work ordered by the Client.

 

Article 8 : Intellectual Property

The Agency's creations remain its intellectual property until the service has been paid for in full. The Client undertakes not to use the creations without authorization.

 

Article 8 : Rejected proposals

The Agency issues quotes and proposals free of charge. The projects presented remain the property of the Agency. They must be returned to the Agency in their entirety (digital and paper documents) if they are not accepted and may under no circumstances be used by the Client without the written consent of the Agency, on pain of paying damages and interest at the Agency’s discretion for its loss.

 

Article 9 : Confidentiality

The parties undertake not to divulge any confidential information exchanged as part of the service.

 

Article 10 : Litigation

In the event of a dispute, the parties undertake to seek an amicable solution. Failing this, the dispute will be referred to the competent courts.

 

Article 11 : Communication

The parties agree that their collaboration may be used for public communication purposes, unless one of the parties formally objects.

The Client hereby authorizes the Agency to mention its name or corporate name in its commercial documents and on its website as a reference for the purposes of its own commercial promotion. The Services provided by the Agency may also be presented to clients, on the website or any other medium for reference purposes.

Unless otherwise stated, printed materials produced by the agency may bear the Agency's name and/or its trademarks.

 

Article 12 : Archiving

Unless otherwise agreed in writing, the Agency is not obliged to retain any computer files or documents, regardless of the medium, used in the performance of the work or produced under the contract signed with the Client. For reasons of technical security, this release will take effect 30 days after delivery of the service.

In the event that the Agency agrees to keep the data, the costs of archiving, further processing, formatting and editing will be borne by the Client. However, the Agency cannot be held responsible for any damage to or loss of files or documents.

 

Article 13 : Entry into force

These Conditions come into force on the date on which the quotation or equivalent contractual document is signed.