General terms and conditions of service

1.1 The following conditions aim to govern the use of the online databases observatoire-investissement.fr and industries-strategies.com (hereinafter “the Services”) of the company Trendeo (hereinafter: “Trendeo”) by companies, individuals, and organisations engaged in a commercial, industrial and/or non-profit activity, and by official services (hereinafter “User”).

1.2 Modifications to the general terms of sale will be communicated to the contracting parties in written form, whether signed or not, that is to say also by email, with an indication of the amended provisions, and will be deemed agreed when the contracting party maintains the contractual relationship without having raised an objection within 14 days following the date on which it was informed.

2.1 Trendeo provides a service for analysing investment in France and around the world, carried out on the basis of announcements of job creation and job cuts recorded on the Internet. The exact and precise nature of the information falling within this scope is defined by Trendeo, and the client may not rely on its own definition of the notion of investment to claim a modification of the service, a cancellation or compensation.

2.2 Trendeo's services are intended for the client's internal use and may not be transformed into commercial offers addressed to third parties. This applies in particular to the systematic resale of the services or of the information obtained through the services, whether in a modified form or not. Trendeo's clients may not themselves market to their own clients a service in which Trendeo's data would represent an essential component. Likewise, the free communication of information from Trendeo databases, when made with the intention of enabling a third party to avoid taking out a subscription to the observatory, may render the client liable to Trendeo for an amount equivalent to the price of the data communicated. The publication to third parties, free of charge, of information from the observatory must not be of a substantial nature, i.e. must not be such as to enable third parties to do without a subscription to the observatory.

Any communication to third parties of data from the observatory must be the subject of a prior request to Trendeo when it is substantial (by the number of items of data disseminated or by the scale of the planned distribution) and/or repeated. When, occasionally, data from the Trendeo observatory is communicated to third parties, it must be accompanied by the mention “Données Trendeo Monde, Industries & Strategies” or “Données Observatoire Trendeo France”. Trendeo data may be incorporated into commercial proposals or internal-use reports without any limitation.

2.3 Trendeo provides its clients with references to articles published on the Internet, as well as data derived from reading this information and from supplementary information. Trendeo cannot be held responsible for the distribution of the articles carried out by its client, whether internal or external.

3.1 Trendeo will ensure, with all the professional diligence required, that the information transmitted or accessible to clients is as extensive, accurate and complete as possible, without however guaranteeing it. Despite all the care taken in checking the published information, it is possible that certain information may prove to be false, imprecise or incomplete. It is also possible, despite Trendeo's wish to continually add new sources of information and refine its monitoring techniques, that the information provided by Trendeo may not be exhaustive.

3.2 The assertion of any other right, with the exception of those relating to the absence of promised characteristics, is excluded.

4.1 Trendeo is liable for damages towards users, with the exception of a breach of essential contractual obligations, only when and to the extent that Trendeo, its legal representatives, its executives or other auxiliaries have acted intentionally.

4.2 With the exception of an intentional act, all liability is declined for the reimbursement of indirect losses, in particular loss of earnings. Liability is limited to the annual amount of the subscription owed by the user, with the exception of cases of premeditation on the part of Trendeo, its legal representatives or its executives.

4.3 In cases of force majeure and unforeseen events such as fire, strike, blockade or other circumstances beyond Trendeo's control but entailing a restriction or suspension of the services, Trendeo is exempt from performance for the entire duration of the restriction.

4.4 The user is liable for all effects and damages that could affect Trendeo as a result of the abusive or unlawful use of the services by the user, or as a result of the user failing in one way or another to meet its obligations. The user thus releases Trendeo from any rights that third parties might assert against it, as well as from any legal and attorney's fees that Trendeo might require to adequately ensure its legal defence.

5.1 Unless specifically agreed otherwise, the services are invoiced on an annual basis. Invoices are payable 45 days after receipt. Trendeo may, subject to four weeks' notice, modify the general price list for the use of the services, and communicate it in written form, whether signed or not. Any modification of the price list has no effect on the contractual year or specific agreement in progress for the user, and comes into force for the user only when the contract is extended for another year.

5.2 If the user is late in payment, Trendeo will be entitled to 1. charge compound default interest of 1.6% monthly, unless Trendeo can justify a loss giving rise to higher interest, 2. charge a recovery-cost penalty of 50 € excl. VAT, and 3. terminate the contract after having granted an adequate payment period without obtaining satisfaction.

6.1 Trendeo is entitled to suspend the use of the services, in whole or in part, by the user, without the latter being released from its payment obligation, when the user fails to meet essential contractual obligations relating to the use of the services, see in particular those referred to in Article 2. Trendeo will make use possible again once the user's proper and due compliance with its contractual obligations is ensured.

7.1 The contract for the use of the services is concluded for one year, unless expressly agreed otherwise.

7.2 Subscriptions are automatically renewed each year. They may be terminated by free request by email or by post, up to 15 days after receipt of the renewal invoice, which will be sent on the last day of the month preceding the expiry of the contract.

7.3 Trendeo is, notwithstanding other claims, entitled to terminate this contract without notice, without the user acquiring any rights, in the event that the latter breaches essential obligations and in particular fails to comply with those referred to in Article 2. Trendeo also has a right of termination without notice when the user's financial situation deteriorates considerably or when insolvency or conciliation proceedings are initiated against the user and dismissed for lack of assets.

It is agreed that the court of Trendeo's commercial registered office (Paris) shall have sole jurisdiction, to the extent permitted by law, to hear any disputes related to the use of the services.

9.1 Modifications and additions to the rules set out in these general terms and conditions must be made in written form, whether signed or not. This provision also applies to any possible removal of this requirement.

9.2 Only these general terms of sale are in force. Any divergent or supplementary condition stated by contracting parties will continue not to form part of the contract, even if Trendeo does not explicitly object to it.

9.3 The user may not assign to third parties the rights it holds under this contract without the prior agreement of Trendeo.

9.4 If individual provisions of these general terms of sale were to be invalid, the validity of the remaining provisions would not be affected. Any clause that may be invalid would then be replaced by another valid clause that comes closest to it economically.