ARTICLE 1 - APPLICATION OF THE GENERAL CONDITIONS OF SALE - ENFORCEABILITY
The purpose of these general conditions of sale is to define the reciprocal rights and obligations of POINTE NOIRE and its CUSTOMERS. In the absence of particular conditions stated on the front of the quotation communicated by POINTE NOIRE to the CUSTOMER or of a separate contract concluded between POINTE NOIRE and the CUSTOMER, the present general conditions of sale regulate the conditions of sale of the services supplied by POINTE NOIRE.
Any order placed by the CLIENT implies full acceptance of these general terms and conditions of sale, which will be binding on the CLIENT. These conditions cannot be modified by contrary stipulations that may appear on the CLIENT's order or in its general purchasing conditions.
Any deviation from these conditions will only be considered as accepted and opposable to POINTE NOIRE and the CUSTOMER after having received the prior written agreement of POINTE NOIRE.
ARTICLE 2 - PROVISION OF SERVICES
POINTE NOIRE is a company whose activity is the consulting and implementation of projects in the field of digital, communication and events. The services provided by POINTE NOIRE to the CUSTOMER include the following services in the field of communication, events and Internet site/web application: study, advice, organisation, design, realisation, promotion, animation, administration, training, project follow-up
POINTE NOIRE undertakes to provide the services as they appear in quantity and quality on the order, and this, on the exclusive basis of the elements communicated by the CUSTOMER.
The CUSTOMER mandates POINTE NOIRE, who accepts it, for the organisation of an event, a WEB communication project, global, graphic, conversational or other, or a WEB site /or application (Intranet/Extranet), purchase of domain name, hosting, referencing through its specialised partners and training, corresponding to the criteria which will be described in the estimate or the organisation contract. The mandate is given for the duration of the study and complete realisation of the project. Any service or provision by POINTE NOIRE will be the subject of an order signed by the CLIENT.
POINTE NOIRE may have recourse to suppliers and service providers, which the CLIENT expressly acknowledges, being
It is understood that POINTE NOIRE will remain responsible for the execution of the services.
The CUSTOMER undertakes not to conceal from POINTE NOIRE or its suppliers or service providers any information which would be likely to delay, hinder, upset or disorganise the project or its implementation. The CUSTOMER will make sure to facilitate the access to the information which POINTE NOIRE would need.
Furthermore, the Customer is obliged to respect and adhere to and comply with the particular conditions of the service provider(s) selected by POINTE NOIRE and, in particular, to subscribe to any bond or guarantee which would prove necessary before the full payment of the sums due.
ARTICLE 3 - QUOTATION AND ORDER
The CUSTOMER communicates, on a strictly confidential basis, all the information and all the elements necessary for the execution of the order and undertakes to guarantee POINTE NOIRE against any claim, prosecution or legal action resulting from this communication.
POINTE NOIRE reserves the right to refuse text, illustration, event and in general all contents and all orders which are contrary to good morals, or in violation of the legislation.
Any order for services will then be the subject of an estimate/budget, the amount of which may vary according to the exchange rate and/or the increase in the price of fuel for transport services and/or legal taxes, which the CLIENT expressly accepts. POINTE NOIRE will inform the CUSTOMER as soon as possible of the amount of these variations, if any.
The service to be carried out by POINTE NOIRE includes all that is explicitly listed on the estimate which is established from the elements and information provided by the CLIENT. The work and technical costs are evaluated according to the mission to be carried out and the constraints related to it. The estimate may provide for the use of "art sales". The acquisition of these rights is then directly negotiated by the agency at the expense of the CLIENT according to the needs of the communication object of the service of POINTE NOIRE.
The prices mentioned on the quotation are in Euros and exclusive of tax.
Not included in the price as mentioned in the quotation are (i) any costs incurred by POINTE NOIRE during the course of the service not initially foreseen or agreed between POINTE NOIRE and the
(ii) all costs of any additional and/or unforeseen services requested by the CLIENT during the course of the service (iii) all costs directly borne by the CLIENT, and, more generally (iv) all costs of any service not covered by the order and/or not detailed in the quote.
These costs will be invoiced to the CLIENT, in addition. Any change during the execution of the mission may lead to an increase in prices.
Any service not included in the initial quote will be subject to an additional quote.
Prices and deadlines are valid for one month from the date of issue of the quote. They are firm and definitive from the date of acceptance by the CLIENT if this occurs during the month.
The acceptance of the CUSTOMER is materialized by the signature of the estimate. From the moment when the Customer validates his order by signing the estimate, he is considered to have accepted with full knowledge of the facts and without reservation of price, the services entrusted to POINTE NOIRE.
ARTICLE 4 - PAYMENT CONDITIONS
Payments are made, at the Customer's choice, by cheque or by bank transfer to POINTE NOIRE.
Except in the case of special conditions stated on the front of the quotation communicated by POINTE NOIRE to the CUSTOMER or of an agreement to the contrary between POINTE NOIRE and the CUSTOMER, the CUSTOMER will pay the price to POINTE NOIRE according to the following schedule:
- deposit of 30% of the amount including VAT on acceptance of the quote;
- the balance of 70% of the amount including VAT within thirty (30) days from the receipt by the CUSTOMER of the final invoice which will be sent by POINTE NOIRE on the day of delivery of the services.
Any sum not paid on the due date shall automatically and without prior notice lead to the payment of late interest at a rate equal to one and a half times the legal interest rate. This interest shall run from the day following the due date until the day of full payment.
In addition, as a penalty clause, under the conditions set out in Article 1231-5 of the Civil Code, any delay in payment of the invoice
The CUSTOMER who fails to pay the final invoice by more than three months shall automatically be liable, without prior notice, to pay a fixed penalty of 15% of the amount of the unpaid invoice, in addition to interest on arrears.
The totality of the production, object of the order, remains the whole and exclusive property of POINTE NOIRE as long as the final invoice issued by the agency is not paid in totality by the CLIENT. As a corollary, the CUSTOMER will become the de facto owner of the production as soon as the final invoice is paid.
ARTICLE 5 - PERFORMANCE OF SERVICES
POINTE NOIRE will carry out its mission in the strict respect of the estimate accepted by the CLIENT, of the rules of the art with all the competence and the professionalism required in its sector of activity. POINTE NOIRE will implement the adequate and necessary human and technical means, will formulate all remarks, comments and/or suggestions allowing to improve the efficiency of its mission. POINTE NOIRE remains the sole judge of the different means it will use to carry out its mission. The CUSTOMER undertakes to provide POINTE NOIRE, without exception, with all the documents and information necessary for the accomplishment of the services. Any text provided by the CUSTOMER must be proofread and corrected by the CUSTOMER, no modification or fault of any kind will be corrected by POINTE NOIRE.
POINTE NOIRE will only start its mission once the following conditions have been met:
- payment by the CUSTOMER of a deposit of 30% of the total amount of the work to be undertaken at the time of acceptance of the estimate, this deposit being definitively acquired by POINTE NOIRE; POINTE NOIRE will give the CUSTOMER a good and valid receipt for this payment;
- receipt by POINTE NOIRE of all the documents and information necessary to carry out its mission; any delay due to the CLIENT's fault, in particular following a lack of collaboration, late transmission of documents, submission of incomplete or erroneous documents, will entitle POINTE NOIRE to a postponement of the delivery date of the services at least equal to the duration of this delay.
POINTE NOIRE reserves the right to work with independent service providers or subcontractors and more generally to work with any third party to carry out the services ordered by the CLIENT while retaining the direction and responsibility for their execution. If the CLIENT wishes to entrust the production to another service provider of his choice, the agency declines any responsibility resulting from the choice of service providers who are foreign to it, the CLIENT being solely responsible for his choices.
Depending on the type of service, a final model of the project edited by POINTE NOIRE materialising the creative elements can be presented to the CUSTOMER, before its production, its printing or its distribution. This must be validated by the CUSTOMER by any written means (letter, fax, e-mail...), more commonly called "good to print". In the event that the Client expresses reservations about the model or the project presented or refuses to approve the model or the project presented, POINTE NOIRE can accept the request/reservations of the CLIENT or formulate a new proposal with a deadline and a price which will be agreed between POINTE NOIRE and the CLIENT. In case of disagreement between POINTE NOIRE and the CUSTOMER (i) the CUSTOMER undertakes to proceed to the payment of the sums due on the basis of the work already carried out by POINTE NOIRE and in accordance with the estimate signed by the CUSTOMER and (ii) the parties will have to decide whether or not to continue their collaboration as soon as possible and in accordance with article 6 of the present general conditions of sale. Any request for correction of an author made to POINTE NOIRE by the CUSTOMER engages the entire responsibility of the latter.
The CUSTOMER undertakes not to intervene directly, before, during and after any project or event organised by POINTE NOIRE, with suppliers, subcontractors, artists, staff and employees of POINTE NOIRE.
In general, the CLIENT will do everything possible to facilitate the organisation and the realisation of the services by POINTE NOIRE.
ARTICLE 6 - MODIFICATION OF THE ORDER
Any request for modification of the order, or addition of services by the CUSTOMER will have to be the subject of an estimate/budget from POINTE NOIRE. POINTE NOIRE will inform the CUSTOMER as soon as possible of the feasibility of the requested services and will provide the corresponding estimate/budget (upward or downward revision of the initial estimate/budget) which will have to be approved by the CUSTOMER. Acceptance of the quotation by the CLIENT shall constitute a modification of the initial quotation/budget.
All deletions or modifications of the services which have the effect of reducing the services provided for in the order, or which constitute a cancellation with regard to the suppliers of POINTE NOIRE, will require the prior and express agreement of POINTE NOIRE. If POINTE NOIRE does not agree, these deletions or modifications will be automatically considered as a partial cancellation of the order as provided for in article 7 below.
In the event of local constraints, POINTE NOIRE reserves the right to cancel or modify certain services and to replace them with equivalent services as far as possible.
ARTICLE 7 - CANCELLATION OF THE ORDER
Any cancellation, total or partial, of the order by the CUSTOMER will be notified to POINTE NOIRE by registered letter with acknowledgement of receipt.
The cancellation of the order, whatever the cause, will involve by right and without notice, the immediate payment of (i) all the expenses incurred by POINTE NOIRE (ii) the totality of the price indicated in the last estimate signed by the CUSTOMER.
In case of organisation of an event entrusted to POINTE NOIRE by the CUSTOMER, any cancellation, rejection, or interruption thirty (30) days before the date of the event initially planned, the remuneration initially agreed in the quote accepted by the CUSTOMER will remain due in full to POINTE NOIRE.
ARTICLE 8 - TERMINATION - FORCE MAJEURE
In the event of a breach by one of the parties of its obligations, not remedied within thirty (30) days from the date of the first presentation of a registered letter with acknowledgement of receipt sent by the complaining party notifying the breaches in question, the order shall be terminated by operation of law, with the exception of the provisions of Articles 16 ("NON DISCONTINUATION") and 17 ("CONFIDENTIALITY"), which shall survive for a period of two (2) years from the end of the services, and Articles 13 ("INTELLECTUAL PROPERTY") and 20 ("APPLICABLE LAW - JURISDICTION"), which shall survive without limitation of time, without prejudice to any damages that may be claimed by the defaulting party.
In case of non-payment by the CUSTOMER of a due date, not repaired within a period of fifteen (15) days from the date of the first presentation of a registered letter with acknowledgement of receipt sent by POINTE NOIRE, the order will be cancelled by right and the CUSTOMER will be held to the immediate payment of the entire price of the order, without prejudice to any damages that POINTE NOIRE would consider to be entitled to claim.
The order shall also be terminated automatically in the event of the receivership or liquidation of one of the parties, subject to the legal provisions in force.
In the event of force majeure, the affected order will be suspended for the time that the party(ies) is/are unable to fulfil its/their obligations.
Force majeure is any event beyond the control of a party, which could not reasonably be foreseen at the time of the conclusion of the contract, the effects of which cannot be avoided by appropriate measures and which prevents the performance of the contract.
the party's obligation, and more generally the cases retained by French law and jurisprudence in this area.
The party prevented from performing its obligations must notify the other party without delay of the occurrence of such force majeure by e-mail with acknowledgement of receipt, specifying its nature and foreseeable duration. The same party must notify the other party without delay of the end of the impediment.
If this impossibility of execution continues for more than one (1) month, or if it is definitive, the affected order may be terminated by either party, by registered letter with acknowledgement of receipt, without this termination giving rise to the payment of damages by either party.
Any cancellation of an order due to force majeure will automatically lead to the payment of the sums due by the CUSTOMER on the basis of the work already done by POINTE NOIRE.
In this context, POINTE NOIRE will make its best efforts to negotiate the recovery of a maximum of the costs incurred from the different service providers intervening in the framework of the services, with a view to reducing the cost for the CLIENT.
ARTICLE 9 - LIABILITY - INSURANCE
Each of the parties shall insure its civil liability according to the rules of common law.
POINTE NOIRE cannot be held responsible in case of delay, bad execution or non-execution of its service, the cause of which would be attributable to (i) the CUSTOMER, in particular when the CUSTOMER has called upon one or several other service provider(s) who must also intervene on his behalf within the framework of the mission entrusted to POINTE NOIRE, and/or (ii) the participants, and/or (iii) the fact of a foreign third party, and/or (iv) in the event of force majeure as defined in article 8 of the present contract.
The responsibility of POINTE NOIRE is limited to direct damages to the exclusion of indirect damages. Indirect damages include any financial or commercial prejudice, loss of profit, loss of turnover, loss of data, loss of exploitation. In any case, the responsibility of POINTE NOIRE in case of direct damage, will be limited to the amount of the order in question.
The CUSTOMER recognises that in no case can POINTE NOIRE be held responsible for direct or indirect prejudices linked to the execution of the services provided by any service provider of POINTE NOIRE, which remains solely responsible to the CUSTOMER.
In case of computer service, POINTE NOIRE cannot be responsible for accidental or voluntary damage caused by third parties to the CUSTOMER because of his connection to Internet. POINTE NOIRE will not be responsible, in the context of a site managed by the CUSTOMER or POINTE NOIRE, for the loss, theft or diffusion of the CUSTOMER access codes. In no case, POINTE NOIRE will not be responsible for any action or recourse of third parties, in particular because of : information, images, sounds, texts, videos contrary to the laws and regulations in force, contained and/or broadcasted on the CUSTOMER's site(s); defective products that the CUSTOMER has sold through its site(s); the violation of intellectual property rights relating to the works broadcasted, in whole or in part, on the CUSTOMER's site(s); the suspension and/or termination of accounts, in particular following the non-payment of sums due for the conservation of domain names; network saturation at certain times; contamination by viruses of the CLIENT's data and/or software; malicious intrusions by third parties on the CLIENT's site.
CUSTOMER; malfunctioning of equipment or lack of know-how on the part of the CUSTOMER; problems related to the telephone network or the Internet; possible misappropriation of passwords, confidential codes and, more generally, of any information of a sensitive nature for the CUSTOMER.
The CUSTOMER acknowledges that the delivery times indicated in the quotations are only given as an indication and, in no case, a reasonable delay in the delivery can lead to a cancellation of the service entrusted to POINTE NOIRE.
The CUSTOMER recognises and assumes full and complete responsibility for the choices made in terms of textual and iconographic content, appearing in the work delivered by POINTE NOIRE. All the images used before, during and after the creations are under the full responsibility of the CUSTOMER and do not commit POINTE NOIRE in any way. The CUSTOMER will make sure that the use of the images he will provide to the agency as well as the images used by the agency respect the image rights, the good morals as well as the rights holders of the said images.
In case of musical services entrusted to POINTE NOIRE, the CUSTOMER commits himself to pay the musical rights and to contact the SACEM of his region.
The CUSTOMER is perfectly informed that certain images can only be used in a limited time and print run and only for certain uses. The CUSTOMER recognizes moreover to have taken knowledge of the warnings made by POINTE NOIRE concerning the laws of the copyright and the intellectual property, the methods of use of the images and the penalties which can be incurred for their violation.
The CUSTOMER undertakes to guarantee POINTE NOIRE against all the consequences of any complaint, dispute or action which would find its source in the inaccuracy of the information on its products or services resulting from a misleading publicity or of a nature to mislead or from unfair competition. The CUSTOMER commits himself to guarantee POINTE NOIRE against the consequences of a use of the creations beyond the limits of the services.
The CUSTOMER is also responsible for the respect of the regulations specific to his activity, in particular the compulsory mentions that must be included on the ordered support, taking into account the legislation and the regulations in force. When POINTE NOIRE acts only as a technical intermediary (with the naming organisations for the reservation of domain names, in terms of reservation and broadcasting of advertising messages...), it will be necessary to take into account the general sales conditions of these organisations. The CUSTOMER remains solely liable to the organisations and acknowledges that he/she is acting in accordance with the legislation in force and the rights of third parties.
In the event of the organisation of an event, the CLIENT is responsible for any direct or indirect damage that he or the participants could cause during the event. POINTE NOIRE declines all responsibility for damage of any kind (theft, bad weather, breakage, damage...) affecting goods of any kind (personal effects, equipment...) brought by the CLIENT or belonging to the participants, whatever the place where the goods are stored (car park, exhibitions...).
If after possible denunciation of the contract, the CUSTOMER would carry out or have carried out the event which would have been defined by POINTE NOIRE, the CUSTOMER accepts that a sum equal to 50% of the plagiarized project would be due to POINTE NOIRE.
POINTE NOIRE recognises that it has taken out all the insurance necessary for the exercise of its activity, covering its responsibility for the services as they appear in quantity and quality on the order. The CUSTOMER certifies that he has all the necessary insurances to cover his responsibility in the framework of the order. He acknowledges that he has the possibility of taking out insurance to cover the risks of cancellation.
ARTICLE 10 - IMAGE RIGHTS
The CUSTOMER expressly authorizes POINTE NOIRE, and all its beneficiaries: to fix, reproduce, distribute and exploit its image, in whole or in part, in unlimited numbers, free of charge, throughout the world, in all formats, in colour and/or in black and white, on all current or future known media, with or without the POINTE NOIRE logo and by all current or future means, notably
on all audiovisual services and all online services on all networks.
Consequently, the CUSTOMER guarantees POINTE NOIRE against any recourse and/or action that could be taken by natural or legal persons who consider that they have any rights whatsoever to assert on the use of their image and who would be likely to oppose their distribution.
The CUSTOMER acknowledges that he/she has been informed and accepts that the decision to exploit or not his/her image will be left to the discretion of POINTE NOIRE. POINTE NOIRE does not commit itself to any exploitation of all or part of the recorded images.
This authorisation is granted for a period of ten (10) years from the signing of this agreement, renewable by mutual agreement of the parties, formalised in writing, and will remain valid in the event of a change in its current civil status.
POINTE NOIRE commits itself to solve any problems linked to the use of the photographs. POINTE NOIRE confirms that whatever the use, the type or the importance of the diffusion, the fixed remuneration of the services is fixed at ZERO (0) euros.
ARTICLE 11 - HOSTING AND MANAGEMENT OF WEBSITES
The hosting services offered by POINTE NOIRE are provided by a third party partner. The hosting offer is necessarily linked to one or more services provided by POINTE NOIRE. The transfer of the DNS to the server of our partner is possible if one or more services from us are linked to it. In any case, the CUSTOMER will be able to take note of the administrative and technical information necessary to access his hosting(s).
In the event of the failure of this partner, our company undertakes to find and propose all possible solutions to remedy this. POINTE NOIRE is not responsible for the consequences of this failure, the causes of which are not directly attributable to POINTE NOIRE, and this in accordance with article 9 of the present general conditions of sale.
The customer account is strictly personal, and is accessible by a confidential login and password. The CUSTOMER is responsible for the use of his login and password, any connection made using these login and password will be deemed to have been made by the CUSTOMER.
ARTICLE 12 - DOMAIN NAMES
POINTE NOIRE offers to register domain names with the extensions .com, .net and .org, as well as .fr and
other TLDs available in France in order to allow all individuals or legal entities to ensure the ownership of the name(s) of their choice.
POINTE NOIRE will put on line under this domain name a standard page, not susceptible to personalization, showing a mention including the domain name.
Because of the time that may elapse between the search and the registration of the envisaged domain name, the indication of the availability of this name in no way constitutes a guarantee that it can actually be registered. The availability of a domain name and its registration do not constitute a guarantee against any claim by a third party on all or part of this name.
Each registration request implies prior and unreserved acceptance of the administrative and technical rules for naming as well as the rules for resolving conflicts that may arise between the owner of the domain name and any third party claiming rights to all or part of this name.
It is up to the CUSTOMER to provide POINTE NOIRE with any supporting documents required for the registration in question, such as a Kbis or the identifier in the INSEE directory for a .fr level name or the registration certificate at the INPI for a .tm.fr level name.
The registration of the Customer's domain name will only be taken into consideration after POINTE NOIRE has received the order form duly filled in and signed by the Customer together with the payment and the necessary documents.
The registration of the domain name is only effective once the databases of the organisations concerned (Afnic, Internic) have been updated and the DNS has been propagated.
ARTICLE 13 - INTELLECTUAL PROPERTY
POINTE NOIRE remains the sole owner of its copyrights resulting from its services. The exploitation of its creations and services is carried out in accordance with the legal and regulatory provisions in force at the time of the acceptance of the estimate.
POINTE NOIRE holds all the economic and moral rights of an author on the work that is part of the mission and only transfers to the CLIENT, from the payment of the totality of the remuneration of POINTE NOIRE by the CLIENT and unless otherwise agreed between POITNE NOIRE and the CLIENT, a right to use the
material supports on which the said work appears. The CUSTOMER will then be the owner of the right to exploit the creation and cannot, as such, communicate to a third party, even free of charge, apart from the object of the services entrusted to POINTE NOIRE, all or part of the work created, nor publish or reproduce it without the prior written agreement of POINTE NOIRE.
Any use of the creation by the CUSTOMER, not initially foreseen, must be the object of an express prior authorisation by POINTE NOIRE and of a remuneration to be agreed between POINTE NOIRE and the CUSTOMER.
POINTE NOIRE will ensure that the execution of its mission does not infringe any intellectual property right, any trademark or any other right, title or interest in intellectual property, belonging to any third party, natural or legal. POINTE NOIRE will make its personal business of obtaining the rights of use of all intellectual property rights necessary for the execution of the services ordered by the CUSTOMER and will regularise if necessary, the transfers of rights imposed by the code of the intellectual property and various necessary authorisations.
POINTE NOIRE then indicates to the Client the limits of use of the possible rights of third parties on the retained creations. In the event of legal proceedings or claims by a third party, the CUSTOMER undertakes to carry out the modifications in order to remove the litigious elements and to replace them by entirely original elements or those for which POINTE NOIRE holds the rights. On his side, the CUSTOMER must be the owner of all the exploitation rights of the works or intellectual property rights brought to POINTE NOIRE for their reproduction. It is the same for all the distinctive signs and graphic charter (drawings, brands, photographs, ...) which could be affixed on any communication support (posters, tee-shirts, flyers, etc.) whose manufacture would be entrusted to POINTE NOIRE.
ARTICLE 14 - CONSERVATION OF THE DATABASE AND SOURCES - PROMOTION OF CREATIONS
POINTE NOIRE will keep the database and the sources of all the works and realisations carried out on behalf of the CLIENT without limitation. POINTE NOIRE can mention the name of the CUSTOMER in its commercial references and affix its signature on the said work unless the CUSTOMER notifies it otherwise in writing by registered letter with acknowledgement of receipt.
Unless otherwise agreed in writing, POINTE NOIRE, through its legal and commercial representatives, may distribute its creations made on behalf of the CUSTOMER for promotional purposes of "presentation of creations" on all types of media without any time limit within the framework of its commercial prospecting, external communication and advertising.
ARTICLE 15 - PERSONAL DATA
POINTE NOIRE can collect and process personal data (such as: names, first names, postal addresses, telephone numbers, e-mail addresses etc...) of its contacts, of its prospects and of the persons representing or working for them (ex: employees, consultants etc.) in order to be able to ensure the management of their orders and the follow-up of its contractual relationship with them or the company they represent and/or to distribute information of a professional nature to them and to invite them to services organised by POINTE NOIRE.
Where personal data of persons representing or working for the CUSTOMER is collected by POINTE NOIRE for the purposes described above, the CUSTOMER undertakes to provide this information to its employees or any representatives who may be in direct contact with POINTE NOIRE.
POINTE NOIRE undertakes to process the personal data collected in compliance with the applicable regulations on the protection of personal data.
This data processing is carried out either on the basis of the consent of the person whose data is processed, or on the basis of the legitimate interest of POINTE NOIRE, or within the framework of the execution of the contract subject of the order.
Personal data are kept by POINTE NOIRE for the time necessary to achieve the purposes described above and for the duration of the applicable prescription.
They can however be used for sending information of a professional nature up to three (3) years after the last contact between the CLIENT and POINTE NOIRE.
To the extent permitted by law, any person concerned by such processing shall have the rights of access, rectification, erasure and portability of his/her personal data, as well as the right to restrict the processing of his/her personal data. She also has the right to oppose the processing of her personal data for reasons related to her particular situation as well as the use of her data for the purpose of sending information emails by POINTE NOIRE. Finally, she can send POINTE NOIRE specific instructions concerning the use of her data after her death.
These rights can be exercised by sending a letter to the following address: email@example.com; it is also possible to unsubscribe at any time from receiving information emails from POINTE NOIRE by clicking on the link provided for this purpose in the emails sent.
Data subjects may lodge a complaint with the CNIL.
ARTICLE 16 - NON-EMPLOYMENT
The CUSTOMER undertakes not to hire and/or solicit the employees of POINTE NOIRE and/or any person having participated in the realisation of the services provided for in the order during the realisation of the services and during a period of two (2) years after the end of the realisation of the services.
ARTICLE 17 - CONFIDENTIALITY
POINTE NOIRE and the Customer commit themselves to keep the confidentiality of the information and documents concerning the other party of any nature (economic, technical...) to which they could have access within the framework of their contractual relations.
To this end, POINTE NOIRE and the CUSTOMER will take all necessary measures with their staff or with companies they may use, in order to keep the said information confidential. In particular, they undertake to limit the distribution of this information to the members of their staff who will need it in the exercise of their functions during the duration of the commercial relationship.
ARTICLE 18 - ELECTION OF DOMICILE
For the execution of this contract, the parties respectively elect domicile :
- POINTE NOIRE at the address of its head office appearing on the estimate,
- the CLIENT, at the address indicated on the quotation or the one modified by the CLIENT when signing the quotation.
ARTICLE 19 - COMPLAINTS
Any dispute or claim on the part of the CUSTOMER can only be taken into consideration by POINTE NOIRE if it is formulated in writing and addressed to POINTE NOIRE, within eight (8) days after the end of the services.
ARTICLE 20 - APPLICABLE - JURISDICTION
These general terms and conditions of sale are subject to French law.
Any dispute between POINTE NOIRE and its CUSTOMER will be under the exclusive jurisdiction of the Commercial Court of Paris which will be the sole judge of any dispute, even in the case of multiple defendants or guarantee claims, notwithstanding any provision of the law.
contrary to the CLIENT's general terms and conditions of purchase, or any of its commercial documents.