Terms and Conditions

ARTICLE 1: DEFINITIONS

Agreement : means the agreement between the Service Provider and the Customer in respect of the Services, including the GTC.

GC : means the present General Terms and Conditions of Service of the Service Provider.

Customer: means the customer of the Service Provider under the Agreement.

Party(ies) : means the Service Provider or the Customer individually or collectively.

Provider : means MaD’s Academy.

Proposal: means the commercial proposal from the Service Provider to the Customer.

Service(s ): means the service(s) marketed by the Service Provider and mentioned on the Web Site or any other document of the Service Provider.

Website : means the Provider’s website available at http://dev.derhille.fr.

ARTICLE 2: APPLICABILITY OF THE CG

The GTC apply exclusively to the Agreement and to any offer, Proposal, quotation, Service etc. of the Service Provider.

Any other document of the Customer or of any third party whatsoever (in particular the Customer’s general terms and conditions, etc.) shall in no case be applicable.

The Service Provider may modify the GTC, the latest version of which is available on the Website.

The Customer may request the Service Provider’s GTCs by e-mail at any time.

ARTICLE 3: FORMATION OF THE AGREEMENT / AMENDMENTS

The Agreement between the Service Provider and the Customer takes place upon the Customer’s acceptance of the Service Provider’s Proposal and GTC.

The GTC form an integral part of the Agreement.

The GTC and/or the Agreement may only be modified with the prior written consent of the Service Provider, in particular in the Proposal.

ARTICLE 4: DURATION AND TERMINATION

The duration of the Agreement is specified in the Proposal or any other document of the Service Provider.

In the event of non-performance of the Services under the Agreement and/or the GTC, the complaining Party shall request the defaulting Party in writing to comply with its obligations within 30 (thirty) calendar days.

Should the defaulting Party fail to act within this period, the complaining Party may terminate the Agreement immediately in writing and without further notice, without prejudice to article 6 of the GTC and without prejudice to any other liability.

Subject to the applicable law of article 14 of the GTC, the Service Provider is entitled to terminate the Agreement in the event of the Customer’s bankruptcy, or the Customer’s admission to a legal debt restructuring or insolvency regime (for example and without limitation, receivership or liquidation, etc.).

ARTICLE 5: PROPOSALS AND PRICES

Unless otherwise specified, a Proposal is valid for 14 (fourteen) calendar days from the date it is sent to the Customer by the Service Provider.

The Proposal details the Services marketed by the Service Provider for the Customer.

The current prices, including any charges, are indicated in the Proposal or in any other document issued by the Service Provider. Prices are subject to VAT where applicable.

If additional Services are requested by the Customer, an additional Proposal including the related financial conditions will be sent to the Customer for approval.

Any expenses incurred by the Customer in connection with the Agreement and/or the GTC (e.g. travel, etc.) shall be borne exclusively by the Customer.

ARTICLE 6: PAYMENT

Unless otherwise specified in the Proposal, Services must be paid for in full prior to performance. The Service Provider will produce an invoice for the Customer.

The Service Provider is entitled to suspend performance of the Services until payment has been made in accordance with this provision.

In the event of late payment, the Service Provider reserves the right to charge statutory interest, plus any collection costs authorized by the law applicable to Article 14 of the GTC.

ARTICLE 7: CANCELLATION

Unless otherwise specified in the Proposal or agreed by the Parties, no Service may be cancelled by the Customer and/or may not give rise to any reimbursement by the Service Provider.

ARTICLE 8: INFORMATION / COOPERATION

The Customer shall immediately inform the Service Provider of any fact or circumstance likely to affect the Services.

The Customer shall provide in a timely manner all accurate and complete information and documents requested by the Service Provider for the performance of the Services.

ARTICLE 9: FORCE MAJEURE

In the event of force majeure as defined by the applicable law in Article 14 of the GTC, the Service Provider shall be exempt from any liability, including under Article 11 of the GTC, in the event of non-performance or partial performance of the Agreement due to the force majeure.

Force majeure also includes illness, accident, severe weather conditions, epidemics and pandemics, government directives affecting services, strikes and riots.

In this case, the Service Provider will notify the Customer as soon as possible by any means, with written confirmation within 14 (fourteen) working days of the occurrence of the force majeure event, with details of the situation and its impact on the Services, particularly in terms of lead time.

ARTICLE 10: COMPLAINTS

In the event of any complaint regarding the Services, the Customer must contact the Service Provider immediately by e-mail, with a description of the complaint and any other necessary information, so that the Service Provider can respond, without prejudice to Article 6 of the GTC.

ARTICLE 11: LIABILITY

Unless otherwise specified in the Proposal, the Service Provider shall perform the Agreement on a best-efforts basis.

Subject to the applicable law of article 14 of the GTC, under no circumstances can it be held liable for indirect and/or immaterial damages, such as consequential damages, loss of opportunity, loss of profit, etc., which are not covered by the GTC.

The Service Provider shall in no event be liable for any inaccuracy or incompleteness in the information or documents provided by the Customer, or for any delay on the part of the Customer in providing such information or documents to the Service Provider.

ARTICLE 12: INSURANCE

The Customer declares that they have taken out appropriate insurance cover in connection with their participation in the Agreement.

ARTICLE 13: REFERENCE

Subject to the applicable law of article 14 of the GTC, the Customer expressly authorizes the Service Provider to use the Customer’s logo and to mention the Customer’s name on any of the Service Provider’s media, for advertising or marketing purposes.

ARTICLE 14: APPLICABLE LAW

The Agreement and the GTC, including their existence, validity, interpretation and termination, are subject to Dutch law.

ARTICLE 15: DISPUTES

Subject to the applicable law of article 14 of the GTC, any dispute arising from the Agreement and the GTC, which cannot be resolved amicably between the Parties beforehand, will be heard by the competent courts of the location of the Provider’s registered office at the time the dispute arises.

ARTICLE 16: CONTACT

The Service Provider is listed in the Commercial Register of The Hague (Den Haag), the Netherlands under number 61665363 and has its registered office at SW Churchilllaan 263, 2282JT Rijswijk, the Netherlands.

All e-mail correspondence concerning the Agreement should be addressed to magalie@derhille.fr.

ARTICLE 17: MISCELLANEOUS PROVISIONS

Should any provision of the Agreement or GTC be declared null and void or invalid, the remaining provisions shall remain unaffected and valid.

In the event of translation of the GTC, the translated versions will have informative value and the present version will be the reference version for any interpretation.