Article 1 – ACKNOWLEDGMENT AND ACCEPTANCE OF THE T&C
1.1 The present Terms & Conditions are available on www.agence-cinquante.fr/terms-and-conditions. Consequently, the Client who contacts the agency has taken full knowledge of these T&C and accepted the present T&C. All quotations have a link that allows the Client to read the Terms & Conditions on the agency website at any time.
1.2 The present Terms & Conditions can be amended at any time by Cinquante Cinquante Ltd, providing these changes appear on its Internet site of the Agency.
1.3 The present Terms & Conditions constitute the legal basis of all our agreements. They obstruct all contrary clauses, written or not, expressed by the Client or taken as the basis of the order redaction if the Agency has not mention them explicitly.
1.4 By signing a quotation, by signing an Agreement, by using a service, the client declares that he familiarized himself with the Terms and Conditions, agrees to them and shall be fully bound by them.
1.5 The inadmissibility of one of the present clauses of these T&C will have no effect on other clauses that will remain opposable.
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Article 2 – QUOTES & PAYMENT
2.1 Unless a special agreement has been made, CINQUANTE CINQUANTE LTD is bound to its Customers by an order only in the case where the total payment of the order has been made. The PO Number and a billing address must be provided beforehand for the order to be valid.
2.2 The signature of the quote and its receipt by the Agency, as well as the payment of the total amount of the order by the Client confirm the order and trigger the launch of the order on the production schedule of the Agency. The work may start within 1 to 3 weeks.
2.3 The Agency give the Client a free quote, whose validity is for 3 months, unless otherwise specified.
2.4 The Agency reserves the right not to commence work, or to suspend the execution of the work if the payment of the order has not been made by the Client.
2.5 All inquiries regarding an extra service to be added to the current work, not originally mentioned in the first quote, will be provided in an additional quote.
2.6 Any claim of any kind, to be valid, must be addressed to the Agency CINQUANTE CINQUANTE LTD by a registered letter with an acknowledgement of receipt within 7 days following the receipt of the invoice corresponding to the order concerned. After this deadline, services and their conditions of execution or payment will be considered as definitely accepted.
2.7 Payment shall not be made later than 30 days after receipt of the invoice or the required information.
2.8 Any quote with an amount expressed in a currency other than Euro (€) will be converted in euro (€) according to the daily rate exchange.
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Article 3 – AMENDMENT & TERMINATION OF AN ORDER
3.1 Any amendment of an order must be done in the same way than the initial order.
3.2 Agreements must be terminated by a registered letter with an acknowledgement of receipt, by one or other of the Parties.
3.3 If a Client retracts itself and do not wish to pursue the execution of the work with the Agency CINQUANTE CINQUANTE LTD while its order is in process, the total amount of the order still must be paid.
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Article 4 – PRICE OF THE SERVICES
4.1 Prices indicated on the quote given to the Client are expressed in euros, unless otherwise specified. Prices are based on the number and the nature of the services required from the Agency CINQUANTE CINQUANTE LTD.
4.2 All the orders, regardless of their origin, are payables in euros exclusively, unless other specified between the Client and the Agency.
4.3 CINQUANTE CINQUANTE LTD will not be held as responsible for any pricing errors committed by the supplier during the establishment of a quote and that could cause an amendment of that quote in disfavor of its Client.
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Article 5 – CONFIDENTIALITY POLICY
5.1 Each of the Parties must considered as confidential for the entire duration of the contract and after its expiry, the information, documents, systems, knowledge, formulas or any other data disclosed by one or the other party that one or the other could have been aware of while the execution of the contract, and must not disclose any of the mentions above to any third party, or use the mentions outside the need of this present contract.
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Article 6 – INTELLECTUAL PROPERTY
CINQUANTE CINQUANTE LTD remains the only holder of its author rights resulting from its services. The use of its creations and its services will be made in conformity with the dispositions of the order passed and the current legal and regulatory dispositions at the time of the signature of the contract.
Any use of the creation, not originally mentioned in the present contract, must obtain the prior and express authorization and a remuneration to be agreed.
The elements of identification of the company, particularly the logo, the abbreviation, the brand, the packaging will be the subject of a separate agreement mentioning the right of reproduction and the remuneration of one.
With regards to the rights of third parties (author rights, neighbor rights), these rights are negotiated by CINQUANTE CINQUANTE LTD in line with the Client following the necessities of the services provided, and invoiced to the Client. In the event where services or creations would be used in another way that the one initially planned, CINQUANTE CINQUANTE LTD will strive negotiating with the third party for acquiring the necessary rights to this use. The Client commit in return to report any use not initially planned in the order.
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Article 7 – CLIENT OBLIGATIONS
7.1 With a view to the proper performance of the contracts, the Client commit to collaborate with the Agency, to answer questions that might need clarification and to provide necessary elements to the realization of the services that will be required by the Agency as quickly as possible. It is understood that any delay in the communication of these information will have an impact on project schedules that will not be met. The Agency will not be held responsible for the delay in the order in that event.
7.2 The Client commit to provide right and sincere information and to inform the Agency of any change regarding the provided data. The Client only will be held responsible of the potential dysfunctions that could result from wrong information.
7.3 The Client commit to inform the Agency of any amendment of its personal situation (change of address, phone number, email address, bank details, etc.). The Client commit to be reachable by email, phone or post mail during the contract.
7.4 The Client commit to contact the prospects indicated on the lead sheet provided within 7 days from the receipt of the lead.
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Article 8 – AGENCY OBLIGATIONS
8.1 CINQUANTE CINQUANTE LTD commit to execute the work ordered as quickly as possible and to mobilize all required efforts with a view to satisfy the Client. It is an obligation of means.
8.2 CINQUANTE CINQUANTE LTD commit to inform its clients with whom projects are in process of realization a few days before the closure of the Agency for holidays. This period can go from a few days to 2 weeks. The work schedule will be adapted in consequence.
8.3 CINQUANTE CINQUANTE LTD will not be held responsible for the loss of documents required for the realization of the ordered services. The Client must send copies or non-valuable documents.
8.4 CINQUANTE CINQUANTE LTD commit to provide the Client with projects matching the criteria’s above and meeting the BANT criteria’s.
8.5 CINQUANTE CINQUANTE LTD commit to do a meticulous quality control of each project before sending it to the Client.
8.6 CINQUANTE CINQUANTE LTD commit to the redaction and the follow up of a campaign script provided to the Client beforehand.
8.7 CINQUANTE CINQUANTE LTD commit to the attribution of all the leads via PDF files to the Client.
8.8 CINQUANTE CINQUANTE LTD commit to carry out consistent meetings with a dedicated interlocutor throughout the entire campaign duration.
8.9 Each project or lead provided to the Client is unique and will not be communicated to any tierce party.
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Article 9 – REMPLACEMENT POLICY
The Agency commit to replace a lead that would not constitute a real opportunity for the Client or any tierce party involved if the lead does not meet the predefined campaign criteria’s or for any other reason of exceptional nature.
A replacement can be invoked at any time throughout the duration of the campaign by email and will be accepted upon discussion with the Account Manager in charge and upon acceptance of the present clause.
The Agency commit to a maximum of 20% replacement during the campaign or any other marketing service related.
The request for a replacement must be submitted within 15 working days after the receipt of the lead by email.
By signing the Replacement Clause, you commit not to contact the prospect concerned in the lead replaced, to not keep record of the information in the lead and not to hand over the lead replaced to any third party. The Agency reserves the right to keep the lead.