1.1 The following conditions are intended to regulate the use of Trendeo’s databases either French or Global, observatoire-investissement.fr and industries-strategies.com (hereinafter: "the Services") of the company Trendeo (hereinafter: "Trendeo") by companies, individuals, organisations carrying out commercial, industrial and/or associative activities and official services (hereinafter: "User").
1.2 Amendments to the General Terms and Conditions of Sale will be communicated to the contracting parties in written form, signed or not, i.e. also by e-mail, with an indication of the amended provisions, and will be deemed to have been agreed, when the contracting party maintains the contractual relationship without having made any objections within 14 days of the date on which it was informed.
2.1 Trendeo provides an analysis service of investment, in France or worldwide, based on job creation and job loss announcements recorded on the Internet. The exact and precise nature of the information that falls within this framework is defined by Trendeo, and the client cannot use his 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 Client and cannot be transformed into commercial offers addressed to third parties. This applies to the systematic resale of the services or information obtained through the services, whether or not in a modified form. Trendeo's customers may not themselves market to their own customers a service of which Trendeo's data is an essential component. Similarly, the communication of information from the Trendeo observatory free of charge, when it is made with the intention of avoiding a third party from taking out a subscription to the observatory, may commit the customer to being liable to Trendeo for a sum equivalent to the price of the data communicated. The publication of information from the observatory to third parties, free of charge, must not be of a substantial nature - i.e., it must not be of such a nature as to allow third parties to do without 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 (by the number of data disseminated or by the extent of the planned dissemination) and/or repeated. When, from time to time, data from the Trendeo observatory is communicated to third parties, it must be accompanied by the words "Data from the French Employment and Investment Observatory - Trendeo" or “Data from Trendeo’s industries-strategies.com”. Trendeo data may be included in commercial proposals or reports for internal use without any limitation.
2.3 Trendeo provides its customers with references of 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 carried out by its customers, whether internal or external.
3.1 Trendeo will take all necessary professional care to ensure that the information provided or accessible by customers is as extensive, accurate and complete as possible, without however guaranteeing this. Despite all the care taken in checking the published information, it is possible that some information may prove to be false, inaccurate, or incomplete. It is also possible - despite Trendeo's willingness to constantly add new sources of information and to refine its monitoring techniques - that the information provided by Trendeo is not exhaustive.
3.2 The assertion of any other rights, except for those relating to the absence of promised characteristics, is excluded.
4.1 Trendeo is only liable for damages towards users, except for a breach of essential contractual obligations, if and to the extent that Trendeo, its legal representatives, managers or other auxiliary persons have acted intentionally.
4.2 With the exception of an intentional act, no liability is accepted for the reimbursement of consequential damages, in particular loss of profit. The liability is limited to the annual subscription amount owed by the user, except for cases of premeditation 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 that are beyond the control of Trendeo, but which imply a restriction or suspension of services, Trendeo is exempt from providing services for the duration of the restriction.
4.4 The user is liable for all effects and damages that may affect Trendeo as a result of the abusive or illicit use of the services by the user, or the fact that the user does not respond in any way whatsoever to his obligations. In this sense, the User releases Trendeo from any rights that third parties may assert against it, as well as from any legal costs and lawyers' fees that may be necessary for Trendeo to ensure an adequate legal defence.
5.1 Unless specifically agreed otherwise, services are invoiced on an annual basis. Invoices are due 45 days after receipt. Trendeo can, subject to four weeks' notice, change the general price list for the use of the services and communicate this in writing, signed or not. Any modification of the price list has no effect on the current contract year for the user and comes into force for him only when the contract is extended for another year.
5.2 If the user is in arrears with payment Trendeo will be entitled 1. to charge interest on arrears of 1.6% per month, unless Trendeo can justify a loss giving rise to higher interest, 2. to charge a penalty for reminder costs of € 50 excl. VAT and 3. to terminate the agreement after granting 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 user being released from his payment obligation, if the user fails to fulfil essential contractual obligations regarding the use of the services, cf. those referred to in article 2. Trendeo will make the use possible again once the user has duly complied with his contractual obligations.
7.1 The agreement on the use of the services is concluded for one year, unless expressly agreed otherwise.
7.2 Subscriptions are renewed automatically each year. They can be cancelled by free request by e-mail or by post up to 15 days after receipt of the renewal invoice, which will be sent on the last day of the month preceding the expiry of the contract.
7.3 Trendeo is, notwithstanding other claims, entitled to terminate this agreement without notice, without the user being entitled to any rights, if the user breaches essential obligations, in particular those referred to in article 2. Trendeo also has the right to terminate the contract without notice if the financial situation of the user deteriorates considerably or if insolvency or conciliation proceedings are initiated against the user and dismissed due to a lack of assets.
It is agreed that the court of the commercial headquarters of Trendeo (Paris) will have sole jurisdiction, insofar as the law permits, to hear any disputes related to the use of the services.
9.1 Amendments and additions to the regulations laid down in these general terms and conditions must be made in writing, whether signed or not. This also applies to the possible cancellation of this obligation.
9.2 These General Terms and Conditions of Business shall apply exclusively. Any deviating or additional conditions that are set forth by the contracting parties will continue not to form part of the agreement, even if Trendeo does not explicitly object to them.
9.3 The user may not transfer to third parties the rights that he or she has by virtue of this agreement without the prior agreement of Trendeo.
9.4 If individual provisions of these general terms and conditions of sale are invalid, the validity of the remaining provisions will not be affected. Any possibly invalid clause will then be replaced by another valid clause that comes as close as possible to it economically.