1.1 The following conditions are intended to regulate the use of the online databases observatoire-investissement.fr and industries-strategies.com (hereinafter referred to as "the Services") of the company Trendeo (hereinafter referred to as "Trendeo") by companies, individuals, organisations carrying on a commercial, industrial or associative activity and by official services (hereinafter referred to as "User").
1.2 Amendments to the general terms and conditions of business will be communicated to the contracting parties in written form, whether signed or not, i.e. also by e-mail, stating the amended provisions, and will be deemed agreed if the contracting party maintains the contractual relationship without objection within 14 days of being informed.
2.1 Trendeo provides an investment analysis service in France and worldwide, based on job creation and redundancy announcements listed on the Internet. The exact and precise nature of the information that falls within this framework is defined by Trendeo, and the customer may not invoke his or her own definition of the notion of investment to claim a modification of the service, cancellation or compensation.
2.2 Trendeo's services are intended for internal use by the customer and may not be transformed into commercial offers addressed to third parties. This applies in particular to the systematic resale of services or information obtained through the services, whether in modified or unmodified form. Trendeo customers may not themselves market to their own customers a service in which Trendeo data is an essential component. In the same way, the free communication of information from Trendeo databases, when it is made with the intention of avoiding a third party to subscribe to the observatory, can commit the client to be indebted to Trendeo for a sum equivalent to the price of the communicated data. Publication of information from the observatory free of charge to third parties must not be of a substantial nature - i.e. must not be such as to enable third parties to dispense with a subscription to the observatory.
Any communication to third parties of data from the observatory must be the subject of a prior request to Trendeo when it is substantial (in terms of the number of data disseminated or the extent of the dissemination envisaged) and/or repeated. When, on an occasional basis, data from the Trendeo Observatory is communicated to third parties, it must be accompanied by the words "Data Trendeo Monde - Industries & Strategies" or "Data Observatoire Trendeo France". Trendeo data may be integrated into commercial proposals or reports for internal use without limitation.
2.3 Trendeo provides its clients with references to articles published on the Internet, as well as data resulting from the reading of this information and additional information. Trendeo cannot be held responsible for the distribution of articles by its clients, whether internal or external.
3.1 Trendeo will use all due professional care to ensure that the information transmitted or available for consultation by clients is as extensive, accurate and complete as possible, but does not guarantee this. Despite all the care taken in checking the information published, it is possible that certain information may prove to be false, inaccurate or incomplete. It is also possible - despite Trendeo's desire to constantly add new sources of information and refine its monitoring techniques - that the information provided by Trendeo is not exhaustive.
3.2 The assertion of any other rights, with the exception of those relating to the absence of promised characteristics, is excluded.
4.1 Trendeo is liable for damages to users, with the exception of a breach of essential contractual obligations, only when and to the extent that Trendeo, its legal representatives, executives or other auxiliaries have acted intentionally.
4.2 With the exception of an intentional act, no liability is accepted for the reimbursement of indirect damage, in particular loss of profit. Liability is limited to the annual subscription fee due by the user, with the exception of cases of intent on the part of Trendeo, its legal representatives or executives.
4.3 In cases of force majeure and unforeseen events such as fire, strike, blockade or other circumstances beyond Trendeo's control but involving a restriction or suspension of services, Trendeo is exempt from performance for the duration of the restriction.
4.4 The user is liable for all effects and prejudices that could affect Trendeo due to the abusive or illicit use of the services by the user, or due to the fact that the user does not respond in one way or another to his/her obligations. In this respect, the user releases Trendeo from any claims that third parties may make against it, as well as from any legal and attorney's fees that may be necessary for Trendeo to ensure an adequate legal defence.
5.1 Unless otherwise agreed, services are invoiced on an annual basis. Invoices are due 45 days after receipt. Trendeo may, subject to four weeks' notice, modify the general price list for the use of the services, and communicate this in signed or unsigned written form. Any change to the price list has no effect on the current contract year or specific agreement for the user, and only comes into effect for the user when the contract is extended for another year.
5.2 If the user is in arrears with payment Trendeo will be entitled to 1. charge interest on arrears compounded at 1.6% per month, unless Trendeo can justify a prejudice giving rise to higher interest, 2. charge a penalty for reminder costs of €50 excluding VAT and 3. terminate the contract after having granted an adequate payment period without obtaining satisfaction.
6.1 Trendeo is entitled to suspend the use of the services, in whole or in part, by the user, without the latter being exempted from his obligation to pay, when the user fails to fulfil essential contractual obligations with regard to the use of the services, cf. in particular those referred to in article 2. Trendeo will make use of the services possible again once the user's contractual obligations have been duly fulfilled.
7.1 The contract for the use of services is concluded for one year, unless expressly agreed otherwise.
7.2 Subscriptions are renewed automatically each year. They may be cancelled by free request by e-mail or post, up to 15 days after receipt of the renewal invoice, which will be sent on the last day of the month before the contract expires.
7.3 Trendeo is, notwithstanding any other claims, entitled to terminate the present contract without notice, without the user being entitled to any rights, in the event that the latter breaches essential obligations, and in particular does not comply with those referred to in article 2. Trendeo also has the right to terminate the contract without notice if the user's financial situation deteriorates considerably, or if insolvency or conciliation proceedings are initiated against the user and dismissed for lack of assets.
It is agreed that the court of Trendeo's commercial headquarters (Paris) will have sole jurisdiction, to the extent permitted by law, to hear any disputes arising from the use of the services.
9.1 Amendments and supplements to the regulations set out in these General Terms and Conditions must be made in writing, whether signed or not. This also applies to any cancellation of this obligation.
9.2 These general terms and conditions apply exclusively. Any deviating or supplementary conditions set forth by contracting parties shall remain outside the scope of the contract, even if Trendeo does not explicitly object to them.
9.3 The user may not transfer to third parties the rights he/she has under the present contract without the prior agreement of Trendeo.
9.4 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected. Any invalid provision will be replaced by another valid provision that comes as close as economically possible to the invalid provision.