General terms and conditions of sale
Article 1 – Purpose
TailorYourWord secretariat, represented by Christiane Spetebroot, whose head office is located at 20 rue Jacques et Louis Heyral 30000 Nîmes, offers telesecretarial services.
These general terms and conditions of sale are applicable to all orders for services placed with TailorYourWord secrétariat. Any assignment thus implies unreserved acceptance of the general terms and conditions of sale detailed below.
Article 2 – Place of performance and rates
The services provided for in article 1 will be carried out either on the premises of TailorYourWord secretariat, by teleworking, or on site at the client’s premises.
The rates will be subject to a written quotation valid for one month.
To be transformed into an order, this estimate must be returned signed and dated by the client and marked “Good for agreement”. The client will return the signed quotation to TailorYourWord secrétariat by any means at his/her convenience.
The prices indicated on the signed quotation are firm, definitive and expressed in euros.
For any order for on-site services, travel costs will be invoiced to the client according to the mileage scale in force.
A surcharge will be applied in the following cases:
Urgent service (delivery within 4 hours): hourly rate increased by 50%.
Fast service (delivery within 8 hours): hourly rate increased by 25%.
Sundays and public holidays: hourly rate increased by 50%.
A deposit of 30% of the total amount will be requested upon signature of the quotation. The balance must be paid in cash on receipt of the invoice.
Payments will be made by cheque, cash or bank transfer.
Delivery costs incurred by TailorYourWord secrétariat will be invoiced to the client according to the current postal rate.
No discount will be granted for early payment. TailorYourWord secrétariat reserves the right to modify its rates at any time. However, TailorYourWord secrétariat undertakes to invoice the work ordered at the prices indicated when the order is recorded, validated by the signature of the quotation and these general terms and conditions of sale.
Article 3 – Modification of order
Any order modifications requested by the client will only be taken into account, within the limits of TailorYourWord secrétariat’s possibilities, if they are notified in writing and after signing a new quotation and possible adjustment of the price.
Article 4 – Late payment
In the event of total or partial late payment for services rendered, the client must pay TailorYourWord secrétariat a late payment penalty equal to three times the legal interest rate without any reminder being necessary.
The legal interest rate used is that in force at the time the service is provided.
Late payment penalties shall automatically accrue on the day following the date of payment shown on the invoice, or failing this, on the 31st day following the date of performance of the requested service without the need for any reminder, and shall relate to the total amount of the invoice.
In addition to the penalties by operation of law, any sum, including the deposit, not paid by its due date will result in the payment of a fixed indemnity of 40 euros in respect of collection costs.
In addition, in the event of non-payment of the invoice on the due date set by the latter, TailorYourWord secrétariat shall have the right to suspend or cancel the provision of services requested by the client, to suspend the performance of its obligations, to reduce or cancel any discounts granted to the client.
Article 5 – Nature of the obligations
For the performance of the services provided for in article 1, TailorYourWord secrétariat undertakes to provide its best care, in accordance with the rules of the art. This obligation is, by express agreement, only a pure obligation of means.
Article 6 – Delivery time
The client undertakes to provide TailorYourWord secrétariat with all the information that may contribute to the proper performance of the object of this contract. Any document provided by the client that cannot be processed (inaudible soundtrack, illegible handwritten document, poor quality photos…) will be subject to the cancellation of the contract.
Article 7 – Delivery time
The delivery time indicated at the time of signing the quotation is only given as an indication and is in no way guaranteed. As a consequence, any reasonable delay will not give rise to the client’s benefit to :
– allocation of damages and interest
– cancellation of the order
TailorYourWord secrétariat cannot be held responsible if the non-execution or delay in the execution of one of its obligations described in the present general conditions of sale is due to a case of force majeure. In this respect, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Article 8 – Termination of the contract
For any cancellation by the client during the execution of the service, TailorYourWord secrétariat reserves the right to keep the deposit paid.
Article 9 – Liability
TailorYourWord secrétariat will use all the means at its disposal to take care of and preserve the computer files and other documents entrusted to it by the client for the performance of the service. However, taking into account the risks of damage or deterioration incurred by this type of support, it will be the responsibility of the client to take all necessary precautions by any means at his convenience. The client agrees that the service provider, TailorYourWord secrétariat, shall not be liable for any loss of profits, commercial disruption, requests or claims made against the client by any third party whatsoever.
Article 10 – Confidentiality of results
Each party undertakes to keep strictly confidential any data or concepts, information and documents concerning the other party of any nature whatsoever (economic, technical, commercial) to which it may become aware in connection with this contract. TailorYourWord secrétariat, however, shall not be held liable for any disclosure if the elements disclosed were in the public domain on the date of disclosure, or if it had knowledge of them, or obtained them from third parties by legitimate means. By express agreement, the results of the mission will be in the full control of the client from the time of full payment of the service and the client will be able to dispose of them as he sees fit.
TailorYourWord secrétariat shall refrain from reporting the results and from using them in any way whatsoever, unless prior written authorisation has been obtained from the client.
Article 11 – Processing of personal data
In accordance with article 40 of the law N° 78-17 of 6 January 1978 relating to data processing, data files and liberties, the customer has the right to access, modify, rectify and delete data concerning him/her. In order to exercise this right, the client should contact TailorYourWord secrétariat directly by e-mail: firstname.lastname@example.org.
Article 12 – Jurisdiction
Any dispute relating to the interpretation and performance of a contract concluded with TailorYourWord secrétariat will be subject to the jurisdiction of the courts of the address of TailorYourWord secrétariat’s registered office.