The purpose of the service and the price agreed between Plan.Net and the Customer are defined in the document named "cost estimate", branded with the service number, and submited to the Customer by Plan.Net. The signing of the estimate by the Client equal order by approval of the content, the price and the general terms of conditions.
The customer is responsible for defining and implementing the means necessary for the execution of the Service, including the detailed expression of its requirements under the service.
The Customer undertakes to notify express prior Plan.Net to control any specific risk related to the Service. Failure to comply with this obligation Plan.Net released from any liability.
The Staff assigned to the implementation of the Service is chosen exclusively by Plan.Net. It is also specified that Plan.Net is free to outsource all or part of the work of the Service.
In performing the Service, by Plan.Net or by any sub-contractors, Plan.Net is liable for all damage directly caused to a fault proved against it or that of its subcontractors.
In any event, whatever the nature and extent of the damage, the responsibility of Plan.Net may not exceed the amount of tax-free cost of the service
Some provisions in the estimate may be amended or updated in case of specific requests. These amendments or additions are being Endorsed and define the specific conditions of each intervention. The amendments are entitled to the provisions of the estimate.
The execution time to obtain a result or the deadlines are only forecast time, an indication that is never a firm commitment from Plan.Net.
In case of breach by either party of any of its obligations, the other party may terminate the Service by registered letter with acknowledgment of receipt sent to the defaulting party in the month following a warning letter also notice sent by registered mail with return receipt aiming to remedy the breach found and has remained ineffective.
The Services are based exclusively on the document "the Specifications" or "functional specifications" signed by Customer and Plan.Net.
Plan.Net regularly monitors the quality and progress of state services to ensure the best service to the customer.
All information, documents, reports, interviews which involved Plan.Net and work included in the Services, is strictly confidential and therefore covered by professional secrecy.
Plan.Net keep until full payment of the amounts due by the Client, the entire property of all work carried out as part of the Service. Before full payment, the items can not be used by the Customer.
Unless specifically requested by the Customer and giving rise to invoicing, the Customer is solely responsible for the fulfillment of availability of verification procedures, deposit, issuance, registration and renewal of trademarks before the various industrial property offices. Plan.Net shall not be liable for damages arising from the lack of availability of a mark.
After the full payment of the Services, Plan.Net gives the Client, on an exclusive basis, the operating right, on its website for the territory of France and for a period of 5 years unless agreed by the parties.
However the right to represent the result of the Service or to be represented on other communication media is not transferred to the Customer unless otherwise agreed.
It is expressly stipulated that the content administration tools based on technology waaps are not transferred to the Customer, but leased under the provision of accommodation
All rates are expressed by Plan.Net are before taxes. Taxes can be applied according to local regulations.
A deposit can be requested at the order, its amount is defined in the estimate.
Payments are due immediately without discount.
If, after a period of 10 days from the delivery of the service, the Customer has not sent to Plan.Net by registered letter with acknowledgment of receipt a document detailing the failings identified in relation the Quotation and / or Terms of Reference, the Sercis declared admissible and the payment is then due.
Similarly, Plan.Net is committed to address these shortcomings with the presentation of adjusted developments, or lack of a supporting document explaining the reason for this failure. The indicative deadline for Plan.Net response is 10 days.
Without prejudice to what is stated in section 5.2., Any amount not paid when due shall automatically entail Plan.Net the right to suspend its commitments and the payment by the Client of a late penalty rate 12% year from the 31st day following the repayment of the sum.
In case of dispute concerning the interpretation or performance of the Service or its aftermath, the parties would try to resolve it amicably before any legal action.
In this case, the parties agree to submit exclusively to the competent court within the jurisdiction of the Appeal Court of Nanterre.
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