Terms of Sales

General terms and conditions of sale of Alphéa Executive's services

New General Terms and Conditions Applicable as of January 1st 2019


Article 1 : General Provisions

These General Terms and Conditions of Sale of Services, hereinafter referred to as the GTCs, constitute the agreement governing the relationship between the consultants of Alphéa Conseil, hereinafter referred to as the Service Provider and its clients in the context of the sale of services during the course of the contract. In the absence of a contract concluded between the service provider and its client, the services provided are subject to the General Terms and Conditions described below. Any order placed and any contract concluded with one of the Alphéa Conseil consultants implies the full, complete and unreserved adherence of the client to these GTCs. The fact that the service provider does not implement any clause established in his favor in these conditions cannot be interpreted as a waiver on his part to avail himself of it.

Article 2 : Nature of services

Alphéa Conseil's consultants, who work in independent structures, assist companies in their organization, recruitment, search for potential candidates, analysis of application files, staff selection and recruitment of future employees.

 

Article 3 : Quote and order

The service provider intervenes at the express request of the client. A mission agreement is issued for all services. This mission agreement sent by the service provider to the client specifies :

The order will only be approved after signature of the mission agreement, which serves as a contract. In the absence of receipt of the client's agreement and the deposit, or from the date of expiry of the quote, the proposed quote is considered cancelled and the service provider reserves the right not to start the service. The approval of the order implies the full, complete and unreserved acceptance by the client of these GTCs.

 

Article 4 : Fees

The fees for the services are those detailed in the quotes or contracts accepted by the client. They are expressed in Euros and are subject to VAT. Prices can be calculated on a flat-rate basis, by the hour, by recruitment or by the day. It is agreed between the parties that payment by the client of the totality of the service provider's fees constitutes receipt and final acceptance of the services.

Under no circumstances can the price of the service be renegotiated after the service has been provided. Prices are subject to annual review by the recruitment agency on 1st January each year.

Article 5 : Payment terms and conditions

Deposit and balance invoices are payable upon receipt. Payment is made by check or bank transfer. No discount will be granted in the event of early payment. In the absence of any indication of payment terms on invoices, the French Law for the Modernization of the Economy (LME) provides for the following conditions: Payments between professionals are capped by Article L441-6 of the French Commerce Law: "unless otherwise provided in the conditions of sale or agreed between the parties, the deadline for payment of sums due is set at the thirtieth day following the date of receipt of the goods or performance of the service requested.

"The period agreed between the parties to pay the amounts due may not exceed forty-five days end of month or sixty days from the date of issue of the invoice"

Article 6 : Late payment

Any delay or non-payment will automatically result in :


Article 7 : Duration and Termination

The duration of the services is defined in the quote or mission agreement that serves as a contract. Either party may immediately terminate the contract in the event of the cessation of activity of one of the parties, cessation of payment, liquidation, receivership or any other situation producing the same effects after sending a formal notice addressed to the judicial administrator (or liquidator) that has not been answered for more than one month, in accordance with the legal provisions in force.

 

In the event of the expiry or termination of the contract :

In the event of termination of the agreement by the client, the sums corresponding to the services provided up to the effective date of the termination and not yet paid shall be due by the client. For any recruitment service, the termination of the service at the client's initiative will result in a billing of 90% of the balance of the service contracted and approved by a mission agreement.

 

Article 8 : Force majeure

Neither party may be considered to have failed to fulfill its obligations and be held liable if this obligation is affected, temporarily or definitively, by an event or cause of force majeure. As such, force majeure refers to any external, unforeseeable and unavoidable event within the meaning of Article 1148 of the French Civil Code, beyond its control, such as, in particular, but not limited to: natural disasters, government restrictions, social unrest and riots, wars, malicious acts, any damage at the supplier's premises, electricity service disruptions lasting longer than two (2) days, computer equipment failure, long-term absence (accident or illness).

Within a maximum of five (5) working days of the occurrence of such an event, the party in default due to force majeure undertakes to notify the other party by registered letter with acknowledgement of receipt and to provide proof thereof. The defaulting party shall make every effort to eliminate the causes of the delay and shall resume performance of its obligations as soon as the alleged event has ceased. However, if the cause of force majeure persists beyond fifteen (15) working days from the date of receipt of notification of the case of force majeure, each party shall have the right to terminate the agreement, without awarding damages. Such termination shall take effect on the date of receipt by the other party of the termination letter sent by registered mail with acknowledgement of receipt. In the event that the client terminates the agreement due to force majeure, the client must pay the service provider all amounts due up to the date of termination.


Article 9 : Obligations and Confidentiality

The service provider undertakes to :

The clauses of the contract signed between the parties are considered confidential, and as such cannot be communicated to unauthorized third parties.

The client undertakes to :


Article 10 : Liabilities

Considering the nature of the services provided, the obligation of the service provider is an obligation of due care. The service provider undertakes to provide the services in accordance with the best practices and in the best possible way, under the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions.

The client undertakes to provide the service provider with all the information and documents necessary for the proper performance of the service and for a proper understanding of the problems involved, within the agreed deadlines.


The service provider may not be held liable for :

The liability of the service provider, if proven, shall be limited to half the total amount before tax actually paid by the client for the service provided by the service provider on the date of the complaint by registered letter with acknowledgement of receipt.

Each party is liable to the other for any breach of its obligations.

Article 11 : Disputes

French law governs these GTCs and the mission agreement (Contract) signed between the parties. If no amicable resolution is reached, any dispute that persists between the parties regarding the execution or interpretation of the GTCs and the contract shall fall within the jurisdiction of the courts chosen by Alphea Conseil.