| These General Conditions of Provision of Services are an integral part of the offer of services submitted to the Client by ST Developments ("the Service Provider"). These two documents are hereafter referred to as the "Agreement". |
|  | NATURE OF THE SERVICE PROVIDER'S ASSIGNMENT
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| The Client authorises the Service Provider to look for and select candidates to become members of their network throughout France. The former reserves the right to accept the person put forward or to refuse, for whatever motive, and remains in all circumstances the only decision maker regarding conditions, regions or areas of establishment. |
UNDERTAKINGS OF THE SERVICE PROVIDER
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The Service provider will take all the necessary steps to ensure the successful completion of assignments within the required time limits. He undertakes to contact all the candidates that come forward further to any advertising or media communication and to meet and select the clients best suited to the criteria of the client.
The Service Provider shall present the Client and its activities in a way in which to motivate the potential candidate to join the network.
The Service Provider undertakes to report back on the progress of its assignment in accordance with the reporting agenda stipulated in the Special Conditions.
It is expressly agreed that the obligations of the Service Provider are limited to the use of reasonable endeavours.
The Service Provider can on no account substitute itself for the client or bind it in any way.
For the duration of the Agreement, the Service Provider undertakes not to recruit candidates for membership or as franchisees of an activity in direct competition with the Client’s activity.
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OBLIGATIONS OF THE CLIENT
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The Client authorises the Service Provider to use the graphic trademark (brand and logo) of the Client for the duration of the present agreement, but exclusively within this framework.
The Client undertakes to make available to the Service Provider all information and documentation required to successfully carry out its assignment. This includes presentation documents, advertising material, characteristics, advantages, trading areas available, conditions to put forward to the candidates.
It will inform the Service Provider of the evolution of its commercial policy and of any significant changes in the conditions of access to the network.
If the Client should know of any event or fact liable to delay the realisation of all or part of the Services, the Client undertakes to inform the Service Provider as soon as possible with confirmation in writing.
For any client that has registered on the website during the course of the Providers assignment and that has been presented by the Provider to the Client, the latter undertakes to pay the agreed recruitment fees and costs, even if the final agreement between the candidate and the Client occurs after the termination of the Service Providers assignment.
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CONFIDENTIALITY
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Any knowledge, in any form whatsoever, acquired by the Service Provider during the course of its assignment regarding documents, information and details concerning the Client, is to be considered a professional secret.
The obligations of confidentiality will continue to apply ever after the expiry or the termination of the present agreement, for whatever reason, until the information concerned becomes public knowledge through no fault of the undersigned subject to these commitments.
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PAYMENT OF INVOICES
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The fees and costs of the Service Provider are to be paid by cheque or bank transfer in accordance with the agreed conditions, on receipt of the invoice, without discount.
In the event of late payment, all invoices will gather interest at the rate of one and a half times the legal rate of interest, until total settlement.
Moreover, in the event of non-payment of one of the Provider's invoices, the latter may suspend its services until payment has been made.
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INDEPENDANCE OF THE PARTIES
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The Provider and its consultants are personally responsible for their taxes and social charges or those of their employees. The Client and the Provider carry out their respective activities independently, the Provider remaining exclusively a Provider of Services in return for payment, and shall in no way be liable as a result of any agreements that may finally be signed between the Client and the selected candidates.
The present Agreement may, under no circumstances, by interpreted as being a deed of partnership or any form of legal entity between the Parties, in the absence of the affectio societatis.
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TRANSFER
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The present Service Provision Agreement is signed intuitu personae.
Neither the Client nor the Provider may transfer the present agreement without the prior formal written agreement of the other party.
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DISAGREEMENTS
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In the event of any difficulty regarding the fulfilment or the interpretation of the present agreement, the Parties should first endeavour to settle their disagreement out of court.
Failing this, any disagreement between the Parties relating to the present agreement shall be brought before the Paris Commercial Court to which the Parties give power of jurisdiction, even in the event of a réferé, an indirect action or guarantee, or more than one defendant.
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DOMICILIATION
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For the execution of the present agreement and its consequences, the Parties shall be domiciled in their respective registered offices.
Any change in domiciliation must be notified to the other party.
The most advanced and the most restricting form of membership of a network.
This is an agreement by which a company, or "Franchiser", extends to one or several other companies, named "franchisees", the right to reproduce the trading system experimented by the Franchiser under its brand name and with the help of its well known trademark and its continual assistance, which should enable the franchisee, thanks to the competitive advantages provided, to carry out profitable business.
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