GENERAL CONDITIONS OF SERVICE PROVISION
1. Scope of application
The present general terms and conditions are applicable to all contracts for the provision of services concluded between the clients and MESLI Consulting.
No deviation from these general terms and conditions of sale will be accepted without written confirmation.
Any order shall only be accepted by the seller/service provider by written confirmation of the same to the client.
In the absence of proof to the contrary, the client acknowledges having received a copy of these general terms and conditions of service.
2. Prices, Payment and Reciprocity
The validity period of our offers is one month.
The price offer is made on the basis of the information provided by the customer. In case of any change in the desired service, the Provider is entitled to adjust the price of the service.
Unless otherwise stipulated, our prices are in euros, excluding VAT.
The selling price is the price indicated on the commercial proposals confirmed by the orders established by the customers.
Unless otherwise stipulated, all our invoices are payable in euros (€) in cash and without discount, to the credit of the account BNPPARIBAS
Invoices are always payable within 30 days of the invoice date.
Any complaint regarding the invoice must be notified to the service provider and at the latest within 15 days of its receipt, failing which it will not be taken into account.
In the event of non-payment of any invoice on the due date, the client will be liable to pay interest at the rate of 12% by right and without prior notice.
3. Warranty and limitation of liability
If the client considers that he is entitled to contest the quality of the services provided by the provider, the latter must, under penalty of forfeiture, do so in writing.
In any case, the liability of the Provider is limited to the amount of the contract without prejudice to the right of the Client to seek legal redress in accordance with the law.
4. Changes in the subject matter of the contract
The client shall be entitled to make changes to the assignment or the project and to impose additional work within the scope of the assignment if necessary.
MESLI Consulting will examine any request for additional work. MESLI Consulting shall provide the client, within a reasonable period of time, with an estimate of the services and their impact on the agreed deadlines.
All services resulting, for whatever reason, from modifications and/or extensions to the assignment or project, including the preparation of additional or modified deliverables, shall be paid for by the client.
5. Force Majeure
The party invoking force majeure shall immediately notify the other party in writing, unless the force majeure itself prevents it from doing so.
Such notification shall contain a short description of the force majeure and an estimate of the expected delay.
If the force majeure situation ceases, the party concerned will again notify the other party in writing. An assessment of the damages shall be made.
The parties agree that they shall consult each other as soon as possible in order to determine together how the order shall be executed during the period of force majeure. Floods, fire, storm, lack of transport, … the above list is not exhaustive.
6. Termination and non-performance of the parties
Each party shall have the right, after a written notice of default, to terminate the order, the notice period being 30 days.
During the termination MESLI Consulting reserves the right to be paid for the hours worked by the consultants provided.
Any dispute whatsoever shall first be the subject of an attempt at amicable settlement before it can be submitted to the courts and tribunals.
In the event that the client does not respect the duration of the service contract, and that the duration of the contract is greater than or equal to 12 months, the service will be due for 6 months.
6. Termination and non-performance of the parties
Each party shall have the right, after a written notice of default, to terminate the order, the notice period being 30 days.
During the termination MESLI Consulting reserves the right to be paid for the hours worked by the consultants provided.
Any dispute whatsoever shall first be the subject of an attempt at amicable settlement before it can be submitted to the courts and tribunals.
In the event that the client does not respect the duration of the service contract, and that the duration of the contract is greater than or equal to 12 months, the service will be due for 6 months.
7. Insolvency – Bankruptcy
If the client becomes insolvent or is declared bankrupt during the execution of the assignment, the contract, including any partial assignments in progress, may be terminated by MESLI Consulting as of right and without notice, without prejudice to the right of the latter to claim damages.
8. Intellectual Property
MESLI Consulting shall retain all intellectual property rights, or their benefits and profits, relating to all intellectual services it performs, even if these have arisen in the course of the execution of the assignment or on the order of the client. The client shall refrain from multiplying, making public or exploiting the products such as deliverables, working methods, advice, contracts (models) and other intellectual products of MESLI Consulting, with or without the intervention of third parties.
The client shall acquire ownership of the results of the studies and documents for which he has paid a fee.
He shall have the right to multiply these documents for the internal use of his own organisation insofar as this corresponds to the purpose of the assignment or project.
The above also applies in the event of early termination of the contract for any reason whatsoever.
MESLI Consulting shall be authorised by the client to quote the assignment or project as a (project) reference, to use drawings, photos or other illustrative material as reference material, provided that the name of the client is mentioned.
MESLI Consulting shall be entitled to publish descriptive articles with or without illustrations with the prior consent of the client. The client may only refuse this permission for good reason.
9. Confidentiality
MESLI Consulting and the client as well as their employees shall be bound to secrecy with regard to third parties concerning all confidential information they receive from each other, unless they are obliged to do so by law, regulation or other (professional) rules.
Except with the written agreement of the party concerned, neither party shall be entitled to use the confidential information it obtains for purposes other than those for which it was obtained. MESLI Consulting is bound by professional secrecy. It will not communicate any information or technical secrets, nor any results of studies, tests and research of which it has become aware in the course of carrying out the assignment to third parties without the client’s permission. Mentioning the activities carried out to (potential) clients of MESLI Consulting is not considered a breach of confidentiality.
10. General
The invalidity or unenforceability of one of the clauses of these general terms and conditions shall not affect the validity or enforceability of the other clauses.
In such a case, the parties undertake to replace the invalid or unenforceable clause with a valid clause that is economically closest to the invalid or unenforceable clause.
The fact that the Service Provider does not avail itself of these general terms and conditions of sale at a given time shall not be construed as a waiver of its right to do so at a later date.
Any communication and notification between the parties shall be validly made by registered letter, e-mail with acknowledgement of receipt, for the seller at its registered office and for the buyer at its registered office or domicile.
The client shall not be entitled to make any direct or indirect hiring proposals to MESLI Consulting consultants.
11. Applicable law and jurisdiction
The present general conditions are governed by French law.
Any dispute relating to the formation, execution, interpretation of these general terms and conditions of sale as well as to all agreements to which they apply and which cannot be resolved amicably, shall be subject to the exclusive jurisdiction of the courts of Brussels.
Done in Massy on January 1, 2021.
36 rue Victor Basch
91000 Massy