These general terms and conditions of sale (hereinafter the "GTC") determine the rights and rights and obligations of the Parties in the context of the supply and use of the service service offered by ESTIMEO on its website (hereinafter the "Site"). The apply to all companies and particularly to innovators-entrepreneurs and innovators-entrepreneurs and investors (hereinafter the "Customer"). The service (hereinafter the "Service") consists for ESTIMEO in offering consulting, valuation and/or rating services to Clients. To do so, ESTIMEO ESTIMEO provides a questionnaire to the Innovator-Entrepreneur Clients which, once analyzed by ESTIMEO once analyzed by ESTIMEO, is the subject of a report given to the Clients. As for investors, the reports are distributed to them in order to expose them to innovative innovative projects in order to make investments.
ESTIMEO may modify the GTC at any time. A Customer is subject to the version of the T&Cs that will be attached to the quote that will be given to the Customer at the time the Customer contracts with ESTIMEO with ESTIMEO to obtain the Service.
ACCEPTANCE OF THE T&Cs
The Customer declares that he has read all the present GTC and accepts them without restriction or reservation. The Customer declares that he/she is aware of the characteristics and features of the Service, that he has been informed of the technical configuration necessary for its subscriptions. and use, that he has received all the advice, instructions and details necessary to subscribe to the Service with full knowledge of the fact.
INFORMATION PROVIDED BY THE CUSTOMER
The Customer undertakes to provide ESTIMEO with any information and/or document necessary for ESTIMEO to perform the Service, in particular documents of a financial and strategic nature, and that the information thus provided by the Customer or on his behalf is, to the best of his knowledge, accurate true and complete.
Insofar as, after ESTIMEO has received any information or declaration information or declaration from the Client, this information or declaration statement proves to be substantially inaccurate, erroneous or misleading, the Customer Customer undertakes (i) to inform ESTIMEO as soon as possible and (ii) to study any measure that ESTIMEO any measure that ESTIMEO could suggest in order to correct this information or information or declaration.
The Customer undertakes to keep ESTIMEO duly informed of any changes, projects or projects or important developments relating to the structure, capital or activities capital or activities concerning it and which could have an effect on the Service. on the Service.
The documents that ESTIMEO will prepare and communicate will be established from elements transmitted by the Client and/or obtained through public information sources. public information sources.
The remuneration due for a Service is exclusively determined according to the stipulations determined according to the stipulations appearing on the invoice corresponding to its (hereinafter "Invoice(s)").
These stipulations correspond to ESTIMEO's general price list in force, which can be communicated on request, although the Parties may derogate from it in derogate from them in exceptional circumstances to take into account the specific specific situation of a Customer.
Unless expressly provided for in the Invoice, no discount, rebate or reduction may be or reduction may be claimed from ESTIMEO.
Equipment, telecommunications and any other additional expenses that may be necessary or related to the Service are the exclusive responsibility of the Customer.
Once a success fee has been agreed between the Client and ESTIMEO (hereinafter referred to as the "Success Fee"), the Client and ESTIMEO (hereinafter "the Success Fee"), the Client undertakes to (i) send ESTIMEO the official documents confirming the fundraising at the latest (ii) pay ESTIMEO a success fee payable within seven (7) days following the fundraising (ii) pay ESTIMEO a success fee payable within seven (7) business days from the date of of the completion of the fundraising.
The Success Fee, which will be calculated on the total amount of the fundraising, is fixed in a specific agreement. the total amount of the fund raising, is fixed on a specific agreement between the Client and ESTIMEO at the time of of the subscription and acceptance of the GTC.
The amount of the fundraising corresponds to the amounts invested by one or investors in any form whatsoever.
The Success Fee is due in the event of a fundraising realized within eighteen (18) months of the Service rendered by ESTIMEO as long as this fundraising has a link (whatever it is and whatever its degree or nature) with the Service.
The Success Fee will be paid in full in cash.
The invoices corresponding to its pricing are sent by ESTIMEO to the Customer's e-mail address. The Customer may at any time request a copy of an invoice of an invoice by sending an email to ESTIMEO at the following address firstname.lastname@example.org. The Customer agrees to inform ESTIMEO of any change of of any change of e-mail or postal address by e-mail or by mail. Invoices must be paid by the Customer within a maximum of 30 days from the date of from the date of receipt of the invoice, it being specified that the report and any other report and any other document will be delivered to the Customer only upon full payment of the or upon justification of a bank transfer.
Any delay in payment will automatically incur penalties calculated at the rate of three (3) times the of three (3) times the legal interest rate, as from the due date, as well as the application the application of a fixed indemnity to compensate for the costs of collection, set at fixed at forty (40) euros, in accordance with article D441-5 of the Commercial Code.
All sums (such as remuneration and expenses) which are due to ESTIMEO are exclusive of tax and must be paid in euros (with applicable VAT) upon receipt of the receipt of the invoice.
Terms of payment
Invoices are paid by the Customer by bank transfer or by credit card (when possible). Cheques are not accepted. The collection and and distribution of the amounts paid are carried out in a dematerialized and secure way by an approved payment institution.
In case of payment by the Customer, ESTIMEO will not proceed to any refund except in the following cases:
ESTIMEO reserves the right to suspend or cancel a Service whose
execution could not be carried out in conditions of quality, safety, conformity to the conformity to the standards and more generally to the rules of the art. In this case, ESTIMEO can however retain any sum corresponding to costs that it has or will or will incur in relation to the Services; The Customer provides proof of a malfunction of the Site that has led to an involuntary involuntary payment.
DURATION – TERMINATION
The T&Cs are applicable between the Parties for the duration of the purchase or subscription to the Service.
The Customer's annual subscription is tacitly renewed on each anniversary date, unless anniversary date, unless termination is notified with fifteen (15) days' notice to the following address: email@example.com.
ESTIMEO may terminate the Service with a Customer at any time if the Customer does not comply with the provisions of these GTC, with a three (3) day notice. The termination will be notified by email. His account will be automatically deactivated at the expiration of the notice period.
The Customer acknowledges that all intellectual and industrial property rights relating to the Service, including reports and documents provided by ESTIMEO, are and remain the property of ESTIMEO.
ESTIMEO grants the Customer a right to use these reports and documents for the entire duration of the protection of intellectual and industrial property rights, but this industrial property rights, but this right does not authorize the Customer to remove or alter the intellectual and industrial property rights and in particular the signs of identification of identification signs of ESTIMEO.
ESTIMEO's personal data protection policy aims to inform Customers of practices regarding consent, collection, use, storage, security measures, retention period(s), recipient(s) and sharing of personal data that the Customer is asked to provide regarding the Service.
The Customer has the right to access, modify and delete personal data personal data concerning them.
ESTIMEO takes all the care required by the professional diligence and the to the execution of the Service, being specified that the GTCs put at its charge an obligation of obligation of means and not of result.
The Service does not include the tasks and responsibilities normally assigned to legal or tax advisors or auditors. Consequently, ESTIMEO is not responsible for legal, tax and accounting advice that may be required for the required for the preparation or performance of the Service.
ESTIMEO is only responsible for direct damage caused by a proven contractual fault, within the contractual fault, within the limit of the amounts that it will have effectively received as remuneration for the Services.
The Customer agrees to indemnify ESTIMEO for the consequences of any actions, claims or claims or investigations by third parties in relation to the execution of the Service and Service and to take charge of the payment of all sums that ESTIMEO be required to pay or that it would be condemned by final decision of justice to pay to ordered by a final court decision to pay to said third parties for any reason whatsoever, including damages, as well as all reasonable costs and fees that it could be brought to to defend their interests in this context.
Customer accepts no liability or settlement for any claims or actions the consequences of which claims or actions that may give rise to indemnification under this section. indemnity under this article, without the prior written consent of ESTIMEO, unless agreement of ESTIMEO, unless such settlement agreement contains an express clause complete and unconditional exclusion of responsibility of ESTIMEO and the other other Beneficiaries in connection with such dispute.
The Parties agree to treat as confidential all information received from the other Party in connection with the Party in connection with the provision of the Services, unless such information (i) is in the public domain, (ii) has (ii) was obtained from another source without violating the TOS or any confidentiality confidentiality obligations.
The parties agree to maintain the confidentiality of such confidential information by not disclosing it to any unauthorized third party and not using it in any context other than these GTC. They shall impose similar obligations on their employees, subcontractors and other servants.
A party may disclose confidential information if it is legally required to do so by law, regulation to do so by virtue of regulations, a court decision or a decision of an administrative administrative authority, after having previously informed the other Party.
The Customer shall not publish or reveal to any third party any of the documents prepared by by ESTIMEO or the content of any advice given by ESTIMEO except for the documents within the scope of the Service unless such publication or disclosure is disclosure is:
(i) specifically authorized in writing by ESTIMEO; or
(ii) required by law or by any judicial, regulatory or governmental authority to which the Customer is subject; or
(iii) required by the Customer's other counsel in connection with the Service, in which (iii) required by the Customer's other counsel in connection with the Service, in which case the Customer shall be entitled to disclose such information to such persons.
Each party undertakes to observe the highest ethical principles in its activities. in the conduct of its business.
Each party shall be aware of and comply with all laws and regulations regarding laws and regulations regarding fraud, embezzlement, influence peddling, criminal influence peddling, insolvency offenses, corruption, money laundering and prohibited money laundering and prohibited business practices.
Each party agrees not to offer, promise, accept or make any payments or gifts payments or gifts (whether of money or anything of value), either directly or indirectly directly or indirectly, to anyone with the purpose of influencing or causing anyone to influence or cause anyone to influence decisions.
In the event of a breach of the foregoing, either party shall have the right to immediately withdraw from or terminate all existing legal transactions and the right to and the right to cancel all pending negotiations.
Customer represents and warrants to ESTIMEO that its payments will not constitute proceeds of crime in violation of applicable laws and rules on corruption and money corruption and money laundering.
ESTIMEO may terminate the contract formed through these GTC immediately after written notification to the Customer, if, in its reasonable judgment judgement, supported by credible evidence, the Customer is in breach of any of the of this clause and has failed to provide information demonstrating compliance with this compliance with this clause. Nothing in these T&Cs shall obligate to perform any part of the Service or to take any action if, in so doing, the party if, in doing so, the party fails to comply with applicable laws and regulations corruption and money laundering.
Unless Customer has received the prior written consent of ESTIMEO, only Customer (and not its affiliate or a third party) is entitled to pay invoices issued by ESTIMEO.
ESTIMEO's failure to exercise any or all of its rights under these T&Cs shall not constitute a waiver of its rights under these GTC does not constitute a waiver of its subsequent exercise.
APPLICABLE LAW AND COMPETENT COURT
These GTC are governed by French law. Any dispute between the parties concerning the Service or these T&Cs that is not settled amicably is the exclusive jurisdiction of the Commercial Court of Paris.
Estimeo shall not be liable for the non-performance of the Services in case of force majeure as defined by Article 1218 of the French Civil Code and the French courts.
MODIFICATION OF THE T&Cs
ESTIMEO reserves the right to modify at any time the General Terms and Conditions which will be applicable to any new subscription.