In these terms, the “Service Provider” means the company KPGN Expertise and the “Client” means any legal person requesting the services of KPGN Expertise.
The collaboration between the Client and the Service Provider is subject to the prior signing of a service contract giving the right to the Client to issue purchase orders or mission letters.
Purchase orders & mission letters
The Customer requests the services of the Service Provider by sending an order form or a letter of mission.
No format is required, but the order form or engagement letter must contain at least the following information:
- object of the mission
- effective start date of the mission
- duration of the mission in number of days
- amount of the mission in euros excluding tax and all taxes included
- signature of the Client's representative
The Provider's services are estimated in terms of the number of working days to be carried out and at the daily rate of € 400 excluding tax.
For certain missions, a target sales bonus may be set by the Client or requested by the Service Provider. The amount of this bonus must be established before the start of the mission.
If mission costs are necessary for the smooth running of the mission, these will be advanced by the Service Provider and invoiced to the Customer.
Mission expenses are limited to travel expenses (car, train, plane) and daily allowances (meals, accommodation).
The total amount of the service must be paid by the Customer to the Service Provider by bank transfer. The Service Provider will provide a bank identity statement for this purpose.
Duration of the service
The duration of the service is fixed by the Customer in his order form or his mission letter.
The mission can only start after receipt of payment for the service.
The commitment of the Service Provider is a commitment of resources.
All items and information disclosed by one party to the other in this Agreement are considered strictly confidential and may not be disclosed to a third party without the prior written consent of the disclosing party or be used by the other party for any purpose other than those authorized by the disclosing party in the Agreement or in the offer.
Limitation of Liability
The Service Provider will compensate the Customer for any loss, damage or prejudice he has suffered and resulting directly from the performance, improper performance or non-performance of his contractual obligations. This compensation is limited to ten percent (10%) of the total amount actually paid by the Customer to the Service Provider for the assignment subject to the damage.
Under no circumstances will the Service Provider be liable for consequential or indirect damage, such as lost profit, operating loss or any similar economic loss.
The Customer will guarantee the Service Provider against any condemnation the amount of which exceeds this limit of liability.
The Service Provider will not be liable to the Customer if it cannot perform its obligations under the Contract due to the occurrence of an event of force majeure, namely an event beyond its reasonable control such as acts government, wars, whether declared or not, hostilities, acts of terrorism, civil unrest, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, difficulties in supplying available supplies ( including indicative and non-limiting, electricity, water, fuel), strikes and blockades of premises.
A party may terminate the Contract, as of right and without further formality, by written notification to the other party having immediate effect, if the other party seriously fails to fulfill its obligations under the Contract and does not remedy this breach in a thirty (30) days after a first formal notice made in writing by the complaining party.
Applicable law and dispute resolution
These Conditions as well as the Contract are governed by French law.
In the event of a conflict, the place of arbitration and trial will be Paris and French will be the language used.