General Conditions of Use of Service (hereinafter “CGUS”)
Of fiskaltrust SAS , 102 avenue des Champs-Élysées, 75008 Paris (France), hereafter “fiskaltrust”
By using fiskaltrust services, a contractual relationship is created between fiskaltrust and the user, if such a relationship does not already exist. The content of the services is agreed separately between the parties, in the context of distance contracts concluded online, reference to the description of the services and to the price list available on the fiskaltrust website (fiskaltrust.fr/tarifs)
- If the user has entered into the contract on behalf of a third party (ie a natural or legal person other than the user), the user declares that he / she has been duly authorized for this purpose and undertakes, on behalf of the third party who accepts, all the contractual obligations. The user will be referred to hereafter as “Contractor”, whether acting for himself or on behalf of a third party.
- In order to conclude the contract, the Contractor shall send fiskaltrust data concerning him and his contact details. He declares that he has communicated this information in full knowledge of the facts and in good faith. The Contractor shall immediately report any changes to this data.
- Any notification to the Contractor shall be deemed valid, if sent to the last address communicated to fiskaltrust.
- The Contractor authorises fiskaltrust to correct his information if necessary.
- fiskaltrust is entitled to charge the Contractor a lump sum of € 100, excluding VAT, for any incorrect information transmitted, without prejudice to any damages that may be claimed by fiskaltrust.
- The Contractor authorizes fiskaltrust to store his information and to process it for the purposes of its activity.
- The Contractor is informed that the conclusion of the contract commits him and may in particular create permanent obligations for him.
- Termination of the contractual relationship: each contracting party may terminate the contract concluded pursuant to this CGUS for the end of each month subject to one month’s notice, unless stipulation of a higher notice period is required according to the service provided, reference made to the price list available online (fiskaltrust.fr/tarifs) or convention contrary. For its part, fiskaltrust is entitled to terminate the contractual relationship with the Contractor at any time and without notice for the following reasons:
- In the event of a significant defect in the information provided by the Contractor, even with retroactive effect.
- In case of default of the Contractor’s solvency, the first invoice that remains unpaid.
- Immediately, if the Contractor damages the reputation of fiskaltrust and / or its activity and this, without prejudice to any damages likely to be requested by fiskaltrust.
- At the sole discretion of fiskaltrust, any event that constitutes serious misconduct by the Contractor.
- Except for special conditions specific to the sale, the prices of the services rendered are those appearing in the price list available on fiskaltrust.fr/tarifs on the day of the order and indicated in the quotes made by fiskaltrust on its website. The prices applied in the event of a conditional commitment will be adjusted to 1 January of each calendar year according to the 2015 INSEE consumer price index, the reference year being 2016. The value added tax is invoiced at the rate applicable law. The prices applied are expressed in euros (€) and stipulated excluding taxes.
- Except as otherwise expressly provided by special conditions, the sale price is payable before 30 days from the date of issue of the invoice, net and without discount. Under no circumstances may the payments due to fiskaltrust be suspended or subject to any reduction or compensation without the written consent of fiskaltrust. In the event of failure to pay on the due date, penalties equal to the reference rate (Refi rate) of the European Central Bank (ECB), in force on 1 January or 1 July according to the date of the order, plus 10 points, will be applied from the day following the date of payment on the invoice or, failing that, the 31st day after the end of the performance of the service. Late payment penalties are due without the need for a reminder. In the application of Article D. 441-5 of the French Commercial Code, in the event of late payment, the debtor will be automatically liable, in respect of its creditor, in addition to penalties for late payment, lump sum compensation for recovery costs of 40 euros. If the collection costs actually incurred are higher than this lump sum, particularly in the case of recourse to a firm responsible for reminders and formal notices, additional compensation upon justification may be requested. Any payment made to fiskaltrust is deducted from the sums due whatever the cause, starting with the ones with the earliest due date.
- fiskaltrust will issue, upon receipt of the order, an invoice in duplicate, one of which will be delivered the same day to the Contractor. The invoice will mention the information referred to in Article L. 441-3 of the French Commercial Code.
- The Contractor agrees that the transfer of access to the services provided by fiskaltrust to third parties, including but not limited to user identification and passwords, is contractually prohibited. In the event of a breach of this prohibition, a contractual and lump sum penalty of 1.000 euro, will automatically be due upon a breach, regardless of any fault committed by the Contractor, and without prejudice to additional damages that could be claimed by fiskaltrust.
- The fiskaltrust service offer is subject to a simple obligation of means. In particular, fiskaltrust excludes any liability for the use of the services provided by it or the termination of the contractual relationship.
- fiskaltrust is entitled to send the Contractor newsletters and other information by electronic means, in particular by e-mail, which the Contractor expressly accepts.
- The Contractor shall have the right to withdraw consent to the sending of information transmitted electronically in cases where the law provides for such opposition. He may exercise this right of opposition at the moment his contact details are collected and whenever an e-mail of prospection is sent to him. The cancellation takes effect five working days after the certified receipt of the delivery to fiskaltrust.
- Any derogation from this CGUS requires the prior agreement of fiskaltrust and requires the written form.
- These Terms are exclusively governed by French law. Any dispute resulting from the formation, interpretation or execution of a contract entered into between the parties will be the exclusive jurisdiction of the Paris Commercial Court.
- fiskaltrust can only be held liable for willful misconduct or gross negligence. fiskaltrust is not responsible if a third party obtains, uses or modifies data without its knowledge.
- fiskaltrust is bound by an obligation of means and does not guarantee the availability of its services.
- No party may assign or transfer the contract entered into pursuant to this CGUS, in its entirety or any of the rights and obligations it contains, to anyone without the prior written consent of the other party.
- These Terms apply automatically unless special conditions, including a separate contract, are signed between fiskaltrust and the Contractor, any such special conditions will prevail over the CGUS.
- fiskaltrust reserves the right to unilaterally modify the CGUS by publishing them on its website, provided that the essence of these terms and conditions is preserved.
- The Contractor agrees in a revocable manner that his own basic data, which the Contractor himself makes available to the public, shall be made available on the website fiskaltrust.fr for reference. Any revocation of this use must be made on the fiskaltrust Internet Portal.