General Sales Conditions (GSC)

The present general conditions of sale and supply of services apply, without restriction or reserve, to all the products and services offered by IALOFA. In the absence of particular provisions stipulated in writing, the fact of placing an order with IALOFA implies full acceptance of the present general conditions of sale and services.
They are accessible at any time on the site ialofa.fr.fr and prevail, if necessary, on any previous version which would have reached the customer before the date of order. The version on the site ialofa.fr.fr on the day of the order, will be the one used for the service.
No other documents such as purchase conditions or other documents from the customer can be taken into account.

Article I - Performance of the service and obligations

IALOFA undertakes to use all the means at its disposal to carry out the service which is the object of the order signed by the Client.
The Client undertakes to provide IALOFA with all useful and necessary information for the proper execution and respect of the deadlines for the execution of the service which is the object of the order signed by the Client.
IALOFA shall not be liable for any damage or financial loss resulting from a delay in the performance or non-performance of all or part of the service, if such delay is due to events or causes beyond its reasonable control.
For certain services, IALOFA reserves the right to use subcontractors. Relations with these third parties will be managed entirely by IALOFA.

Article II - Quotation and order

IALOFA intervenes at the client's express request. An estimate or a contract will be made for any service.
The estimate sent by IALOFA to the customer in duplicate, will specify :

The nature of the service,
The price of the service excluding taxes,
The terms of payment,
The work schedule detailing the actions/obligations of the client and the provider, as well as the deadlines for completion,
The validity period of the estimate,
To confirm his order in a firm and final way, the Customer will have to return the estimate without any modification:
Or by mail or fax, duly signed and dated with the mention "Good for Agreement" of the person legally responsible and the commercial stamp
Or by e-mail with the expression of the customer's consent.
The order will be validated only after the return of the estimate or the contract, accepted and signed, accompanied by the payment of a deposit and the form "Account opening" completed and signed.

In the absence of reception of the customer's agreement and the deposit, or from the date of expiry of the estimate, the proposal of estimate is considered as cancelled and IALOFA reserves the right not to begin its service.
The validation of the order implies the full and complete adhesion and without reserves of the customer to the present C.G.V..

Article III - Deadlines and delivery

IALOFA undertakes to do its utmost to carry out the services ordered by the Client, but it does not accept any obligation to meet deadlines, except by special agreement. The realization of the services is notably dependent on the supply by the Customer of the information necessary for the good execution of the order. Unless otherwise specified, the documents will be delivered in person on paper during a working meeting or sent by e-mail in the form of compressed files or not (ZIP or PDF).

Article IV - Nature of Obligations

For the accomplishment of the planned services, IALOFA, commits itself to give its best care, according to the rules of the trade. The present obligation is, by express agreement, only a pure obligation of means. The Client undertakes to collaborate with IALOFA by providing it with all useful and necessary information for the proper execution of the service and the respect of the execution deadlines.

Article V - Duration of the contract

The contract has a duration defined in the order form and is according to the service chosen by the Customer. This one is only informative.
The durations appearing in particular in the presentation of the services are given only as an indication and can vary much according to in particular the planning of load of IALOFA and the waiting of the elements which must be provided by the Customer.
The contract may be tacitly renewed as indicated on the order form.
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 damages that may be claimed from the defaulting party. The contract will terminate, to this effect, ten (10) working days after the sending by the requesting party of a registered letter with acknowledgement of receipt mentioning the reason for the termination, provided that the other party has not, within the ten (10) day period, remedied the situation. In the event of inability or impossibility to remedy the situation within the above-mentioned period, the requesting party shall be entitled to terminate the contract immediately.
Either party may immediately terminate the contract in the event of cessation of activity by one of the parties, cessation of payment, receivership, liquidation by order of the court or any other situation producing the same effects after sending a formal notice to the receiver (or liquidator) which has remained unanswered for more than one month, in accordance with the legal provisions in force.
In case of expiry or termination of the contract :

The service contract will automatically end on the corresponding date,
Provider shall be relieved of its obligations with respect to the subject matter of this Agreement on the date of termination or expiration of the Agreement,
The Provider undertakes to return to the Client all documents or information provided by the Client within thirty (30) working days of the termination or expiration of the contract.

In the event of termination of the agreement by the customer, the sums corresponding to the services performed up to the effective date of the termination and not yet paid shall be due by the customer. Any advance payments made will remain due and payable by IALOFA.

Article VI - Rates

The services are invoiced on the basis of the tariff in force, the estimate, the order form.
The prices are expressed in euros and are subject to VAT. Prices can be calculated on a flat rate, hourly or daily basis. This time indication is only informative, only the amount is valid.
For fee-for-service services (billed on a time basis), the hourly rate applies when the consultant is working in his or her office.
The price of the service is firm. It is stipulated exclusive of tax to which will be added the taxes.
It is agreed between the parties that the payment by the Customer of the totality of the fees of the provider is worth reception and final acceptance of the services.

Article VII - Terms and delays in payment

A deposit of 30% will be required at the signature of the purchase order.
The balance of 70% will be expected upon delivery of the work as part of a lump sum payment.
IALOFA will propose a monthly billing for a multi-month service. Payment will be made upon receipt of the said invoice.
The payment of the orders is made by check or bank transfer. The Customer undertakes to pay the deposits defined in the quotation or the order form within the time limits specified in these same documents.
In case of late payment, in accordance with the Law of March 22, 2012, a fixed compensation for collection costs of 40€ will be due in addition to the late payment penalties.
Late payment penalties will be due on the day following the payment date shown on the invoice. The interest rate for these late payment penalties is the legal rate plus 10 percentage points (i.e. the interest rate applied by the European Central Bank to its most recent refinancing operations).
Any delay or default in payment will automatically result in the following:

The immediate payment of any outstanding amount,
Payment of a late payment penalty,
The right for the provider to suspend the execution of the current service and to postpone any new order or delivery.

Article VIII- Confidentiality and Ethics

IALOFA is committed to :

To respect the strictest confidentiality concerning the information provided by the customer, and designated as such
Not to divulge any information on the work and services performed for its clients,
Return any documents provided by the client at the end of the mission,
Sign a confidentiality agreement if the client wishes.
The following information will not be considered confidential
Which are available to the public,
Which must be disclosed in order to carry out 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.
The written agreement of the Client will be requested before his name and company name appear in any references to IALOFA on any promotional material.
IALOFA reserves the right to refuse any service that it deems to be contrary to its ethics or in conflict with the law.

Article IX - Intellectual Property

As a reminder: the use of documents published by IALOFA is subject to articles 40 and 41 of the law of March 11, 1957: "any representation or reproduction, in whole or in part, made without the consent of the author or his successors or assigns is unlawful. Article 41 of the same law only authorizes "copies or reproductions strictly reserved for the private use of the copier and not intended for collective use" and "analyses and short quotations, provided that the name of the author and the source are clearly indicated". Any representation or reproduction, by any means whatsoever, not respecting the legislation in force would constitute an infringement punishable by articles 425 and 429 of the penal code.
The Client undertakes, on behalf of himself and his collaborators or any other party with whom he is bound by contract, to respect intellectual property and to use the media and tools supplied in accordance with the rules of usage and in particular not to distribute them externally or to make commercial use of them unless authorized by IALOFA for those which are its property.

Article X - Force majeure

IALOFA cannot be held responsible for a delay not respected because of any fortuitous event or force majeure such as, in particular, any act emanating from a civil or military authority, strike, fire, flood, water damage, storm and lightning, accident, riot, attack, non-delivery of the documents for the creation or the setting in service of the product, any fact attributable to a third party, or any other circumstance having an external cause and preventing it, directly or through a third party, to answer the aforementioned obligations.

Article XI - Jurisdiction

Any dispute relating to the interpretation and execution of the present General Sales Conditions and the contracts signed between IALOFA and the Customer is subject to French law.
In the absence of amicable resolution, the Commercial Court (or similar authority) of PARIS will be the only competent court for any dispute relating to the interpretation and the execution of the present General Conditions of Sale, the contracts and their consequences, signed between IALOFA and the Customer