Esile ConsultingEsile ConsultingThese general terms and conditions apply to any and all services provided by Stéphane Biwersi EI – Esile Consulting to its customers. Any order implies unconditional agreement by the customer to such general terms and conditions of sale that shall prevail over any other document issued by the purchaser, and in particular over any and all general terms and conditions of purchase, unless we have given our exceptional prior written consent hereto.
Stéphane Biwersi EI – Esile Consulting acts on specific customer’s request. A quote will be presented for any required service and shall describe the content of such services, their price, as well as the related time planning, terms of payment and quotation validity duration.
An order will be acknowledged by our company only after quote has been accepted by the customer by countersigning it or after receipt of a purchase order strictly conform to the terms of the quote, as well as after receipt of any advance payment that may be provided.
In the absence of customer’s acceptance and of the possible advance payment or as of expiry date of the quote, such quote shall be deemed cancelled.
Once the order has been acknowledged, Stéphane Biwersi EI – Esile Consulting undertakes to use all means at its disposal to carry out the services covered by this order. This obligation falls under the strict obligation of duty to take reasonable care.
The customer undertakes to provide all the useful and necessary information for the proper execution and respect of the deadlines.
Stéphane Biwersi EI – Esile Consulting cannot be held liable for any damage or financial loss resulting from a delay in the performance or non-performance of all or part of the services, if this delay is due to events or causes beyond its reasonable control.
Duration of the services is defined in the quote or, if applicable, in the purchase order. It may however vary depending on the conditions of performance of the services.
Each party shall be entitled to terminate the ongoing service at any moment in case the other party fails to comply with any of its obligations hereto and this without prejudice to any damage or interest that may be claimed from the defaulting party.
For this purpose, the service will be terminated ten (10) working days after sending by the requesting party of a registered notice describing the termination purpose, provided that the other party has not within such period of ten (10) days remedied the situation. In case of incapacity or impossibility to remedy within the aforementioned time period, the requesting party will be entitled to terminate the ongoing order without delay.
Each party shall have the right to terminate forthwith and in writing the service order in the event that the other party either is dissolved, suspends payments, is liquidated, files for bankruptcy or is any other situation leading to the same effects, after sending of a formal notice to the judiciary administrator (or liquidator) that remains unanswered for more than one month, according to the legal provisions in force.
In case the service is so terminated :
In case of termination by the customer, all amounts related to services achieved prior to the termination date and still unpaid at that time shall be due by the customer. Advance payments already paid shall remain acquired to Stéphane Biwersi EI – Esile Consulting.
Prices are provided in euros and are not submitted to VAT. The price for the service is firm.
All the invoices from the service provider are to be paid at the date indicated on the invoice.
It is agreed between the Parties that the payment by the customer of all the due amounts is worth reception and final acceptance of the services
Any unpaid amount shall be subject to late payment interest by the customer at a rate fixed at three times the legal interest rate. Such late payment interest applies by operation of law and shall automatically accrue to the customer’s account. It is expressly that no reminder letter or formal notice is required for the application of late payment interest. Furthermore, our company reserves the right to apply to the competent Court seeking for an order to cease this failure to pay subject to a penalty for non-compliance per day late.
Stéphane Biwersi EI – Esile Consulting undertakes :
For this purpose, information shall not be considered confidential if :
The clauses of the commitments signed between the Parties are deemed confidential and as such cannot be communicated to unauthorized third parties.
Written agreement of the customer shall be sought prior to disclosing its name in any reference of Stéphane Biwersi EI – Esile Consulting on any promotional material.
The Parties undertake to take all necessary measures not to infringe any right, title or intellectual property interest belonging to any third party.
Unless explicitly stated otherwise, the customer has the right to use the results of the services. However, all rights, titles and intellectual property interests in the tools and methods developed and used by Stéphane Biwersi EI – Esile Consulting to achieve the results are and remain its exclusive property.
Stéphane Biwersi EI – Esile Consulting cannot be held responsible for actions for infringement or unfair competition brought by third parties against its customer and relating to the services provided by hereto at the request of the customer.
Stéphane Biwersi EI – Esile Consulting cannot be held responsible for a deadline not respected due to any fortuitous event or force majeure such as, in particular, any act emanating from a civil or military authority, de facto or right to strike, fire, flood, water damage, storm and lightning, accident, riot, attack, non-delivery of documents for the creation or commissioning of the product, any fact attributable to a third party, or other circumstance having an external cause and preventing it, directly or through a third party, to meet said obligations.
These general terms and conditions of sale are governed by French law. Any dispute on the scope, interpretation or performance of these general terms and conditions of sale or on sale agreements entered into by our company shall be subject to the exclusive jurisdiction of Besançon Commercial Court.