General terms and conditions of sale
(Terms and conditions of the debt collection mandate)
- The present general conditions of sale govern the relationship between the CLIENT (also called “the PRINCIPAL” or “the CREDITOR”) and GESTION CREDIT EXPERT (also called “the PRINCIPAL” or “GCE-FRANCE CREANCES”) and are in accordance with articles 1984 to 2010 of the French Civil Code and articles R124-1 to R124-7 of the French Code of Civil Enforcement Procedures.
- GESTION CREDIT EXPERT is a limited liability company with a capital of 100.000 euros, whose head office is located at 9-11 avenue de la Garonnette in Toulouse (31000); registered under the number RCS 302 592 431 (TOULOUSE); its manager is Mr. Christophe NOBILET.
- GESTION CREDIT EXPERT operates under four registered trademarks, FRANCE CREANCES (debt collection), INFORCREDIT (civil and commercial investigations), BFR EXPERTS (consulting and training in operational credit management), CASH SPRINT (collection of unpaid debts by means of “one-two punch” operations); and has been awarded the ISO9001 quality certification by AFNOR since 1999.
- GESTION CREDIT EXPERT has a bank account specially dedicated to the reception of third party funds and benefits from a Professional Civil Liability guarantee subscribed with MMA Assurances (contract n°127 558 265).
- To carry out its private research activity (civil investigations) GESTION CREDIT EXPERT has the CNAPS authorization number 031-2114-10-05-20150365236.
- It can be derogated from the present general conditions as described below by a written agreement exchanged between GCE-FRANCE CREANCES and the CLIENT. Any special terms and conditions are always based on the general terms and conditions.
- The CUSTOMER declares to have taken knowledge of the present general conditions of sale, to accept them without reserve and to give a mandate to GCE-FRANCE CREANCES to collect his debts on his behalf, against his debtors.
Article 1 – Obligations of GCE-FRANCE CREANCES
- Initiate within 30 days a collection procedure and provide promptly, if possible, collection or diagnostic results to the CLIENT.
- To collect by amicable means, in its capacity as AUTHORIZER, the file entrusted to it as soon as it receives the duly validated mandate and the remittance form filled in by the CLIENT, whatever the medium used, physical or electronic, and all the documents justifying the basis and the amount of the debt.
- Pursue the debtor through legal proceedings if necessary and possible.
- To provide the CLIENT with a secured access to the “CLIENT space”, an extranet accessible via the GCE-FRANCE CREANCES site to enable him to obtain on-line information relating to the follow-up of the file, as well as its payment by the debtor, even partial.
- To claim the amount of the sums due in principal and accessories according to the legal and contractual conditions agreed between the CREANCIER and its debtor.
- To transfer the amount of the sums collected during the month M, at 30 days end of month, at the latest on the 10th of the month M+1, after deduction of its success fees or of any sum due by the CLIENT (compensation). Payments are made by bank transfer, free of charge; payments by check (or letter-check) are charged at 15€ VAT excluded.
- Keep the documents of the settled or closed files for 12 months and destroy them at the end of this period.
- To carry out all particular services, annexed to the collection, after the written agreement of the CUSTOMER who will have been informed beforehand of the cost of the service.
- To allow the CLIENT to benefit from its specialized network of bailiffs, lawyers and correspondents, in France and/or abroad.
- To assign to the CUSTOMER a dedicated interlocutor, responsible for the treatment and the follow-up of all the files entrusted by the CUSTOMER, and this, in all transparency.To guarantee the confidentiality of the information and the protection of the personal data in the respect of the obligations decreed by the CNIL and the RGPD.
- Respect the professional rules of ethics and deontology of the National Union of Collection and Commercial Information Agencies, SAR.
Article 2 – Obligations of the customer
- To confirm that he has checked that the debts transmitted to GCE-FRANCE CREANCES are indeed certain, liquid and due, and this, before entrusting them to him for collection within the framework of the present mandate.
- To confirm that he himself had to initiate reminders to his debtors, all of which were unsuccessful due to their bad faith, and that his steps have already caused damage of various kinds, independent of the delay in payment alone (time spent on reminding unpaid debtors; additional financing required; delay in investments and development projects, etc.).
- Mandate GCE-FRANCE CREANCES, on a special and exclusive basis, for the recovery of certain, liquid and due debts for which it is able to provide the identity and the exact address of the debtor, as well as all the justifications specifying the basis and the amount of the sums due (contract, purchase order, delivery order, invoice…). The term of this mandate is the total or partial payment of the debt, or its closure by GCE-FRANCE CREANCES because of irrecoverability in the current state.
- To authorize GCE-FRANCE CREANCES to pursue the debtor by legal means each time the analysis of the documents in the file and the solvency of the debtor allow it.
- Notify GCE-FRANCE CREANCES in writing (mail, e-mail or via the customer area) and within 48 hours of any settlement agreement or any payment received directly from the debtor, or of any arrangement made with him.
- Subrogate GCE-FRANCE CREANCES in the rights and actions that it could exercise because of the law, of contractual provisions agreed with the debtor or of the bad faith of the latter, to obtain indemnities intended to compensate for the prejudices of any nature undergone because of the unpaid amount. These prejudices suffered by the CREANCIER are diverse, whether the debtor is a private individual (civil debtor) or a professional (commercial debtor), for example: loss of profit, loss of opportunity for normal continuity of operation, lack of remuneration of cash flow, lack of investment… (note: according to the study of the ABERGEL firm for the SAR, the first French union of the actors of the recovery, the cost of these prejudices amounts to several tens, even to several hundreds of euros by unpaid invoice, whatever its main amount).
- To authorize GCE-FRANCE CREANCES under this subrogation to claim from the debtor, when possible, amicable damages which would be due to the CREANCIER because of the bad faith of the debtor, up to a maximum of 10 to 30% of the principal amount of each debt entrusted to it, and to keep them as a supplement to the fees if they are paid.
- To authorize also GCE-FRANCE CREANCES to claim from the debtor, according to the cases, the interests of delay, the penalty clause, the fixed indemnity of 40€ (in the case of commercial debts), as well as an additional indemnity (article L.441-10 of the commercial code), or a compensation under the article 700 (code of civil procedure) and to pay them back to the CUSTOMER after application of the agreed fees, if they are paid
- To pay fees to the success, that the collection is amicable or judicial, on all the sums paid by the debtor, to his order or to that of GCE-FRANCE CREANCES, and this after the handing-over of the file, whatever the diligences which will have been carried out. These fees are applied to the total amount of money collected, including VAT. The same fees shall apply in case of return of goods, credit note(s) or any other arrangement agreed between the CUSTOMER and his debtor, of error attributable to the CUSTOMER, or if the debt does not finally prove to be certain, liquid or due, or if the CUSTOMER remains silent to the requests for documents or instructions from GCE-FRANCE CREANCES. In the same way, in case of written dispute of the debt by the debtor, which would have taken place before the handing over of the file by the CUSTOMER, and of which the information would not have been communicated to GCE-FRANCE CREANCES, GCE-FRANCE CREANCES will then close the file and the CUSTOMER will pay the fees according to the general tariff increased by 3 points on the totality of the file, even if there has been a partial collection or if there has been no collection.
- To pay for any particular service which he has requested or accepted to perform, and in particular the consultation of commercial information databases, the management of staggered payment plans, the search for debtors who have left without leaving an address, the drafting and filing of petitions or summonses, the constitution of procedural files, the follow-up of the execution, the placing under surveillance, the declaration of debts, the follow-up of collective or over-indebtedness proceedings and translations.
- Pay the fees related to the termination of the collection mandate by registered letter with acknowledgement of receipt, i.e. 80% of the general success fee after amicable intervention, 90% of the general success fee after summons, filing of a petition or amicable payment agreement of the debtor, in addition to the procedural costs incurred.
- To authorize GCE-FRANCE CREANCES to quote it in references and to use its logo on its website and its commercial supports.
Article 3 – General Tariff – Coverage and Success Fees
3.1. Taking charge
- A file corresponds to one or more debts owed by the same debtor (one or more invoices). The expenses of taking charge correspond to an analysis of the entrusted file, carried out by GCE-FRANCE CREANCES before the collection itself.
- This analysis is necessary to understand the specifics of the case, confirm the basis of the debtor’s solvency, and then decide on the best strategy for debt collection.
- The fees for taking charge of the file are definitely due by the CLIENT and payable in advance, upon delivery of the file, according to the following scale:
- 20€ HT per file, for files to be recovered in France and whose principal amount is less than or equal to 500€.
- 50€ excl. tax per file, for files to be recovered in France whose principal amount is between 500,01€ and 5.000€.
- 150€ excl. tax per file, for files to be recovered in France and whose principal amount is between 5.000,01€ and 10.000€.
- 250€ excl. tax per file, for files to be recovered in France and whose principal amount is between 10.000,01€ and 40.000€.
- 500€ VAT excluded for files to be recovered in France and for a principal amount of 40.000,01€ or more.
- For debt collection against debtors based outside France:
- The above fees are increased by 50%.
- According to the countries, particular provisions can be necessary and generate additional expenses (translation of documents…etc.); these expenses are chargeable to the CUSTOMER who gives his prior agreement to the estimate established by GCE-FRANCE CREANCES.
- For clients who submit 100 or more files per year, it is possible to set up an annual subscription covering the handling of all the files entrusted over each calendar year. The terms of this subscription are studied by GCE-FRANCE CREANCES on a case by case basis. The subscription is payable in advance and definitively acquired by GCE-FRANCE CREANCES whatever the number of files effectively entrusted in the calendar year concerned.
3.2. Success fees
- For amicable debt collection against debtors based in France, success fees are applied to each tranche of effective collections per debt entrusted, cumulatively and according to the following scale
- 5% before tax on amounts collected from 40.000,01€.
- 12% before tax on amounts collected between 10.000,01€ and 40.000€.
- 15% before tax on amounts collected between 5,000.01€ and 10,000€.
- 20% before tax on amounts collected between 500,01€ and 5.000€.
- 25% HT on the amounts collected up to 500€.
- Any remittance of a large number of claims, or of very large amounts, may be subject to a specific pricing study, studied on request, prior to the services.
- For amicable collection against debtors based outside France:
- The CUSTOMER benefits from the international network of correspondents and foreign judicial auxiliaries of GCE-FRANCE CREANCES, as well as from special rates negotiated with them,
- The above fee schedule applies, the percentages indicated are increased by 10 points in particular to allow for the remuneration of foreign correspondents,
- According to the countries, particular provisions can be necessary and generate additional expenses (translation of documents…); these expenses are chargeable to the CUSTOMER who gives his prior agreement to the estimate established by GCE-FRANCE CREANCES.
- For legal collection against debtors based in France, as well as outside France:
- The costs of proceedings are added to the fees according to the success of the above scales (France or international); they are payable by the CUSTOMER who gives his prior agreement to the estimate established by GCE-FRANCE CREANCES; either it is a lump sum, it is then invoiced and payable in advance, or it is a provision on the costs of proceedings to be engaged, this provision is then to be paid in advance, the final invoice is established at the closing of the file, net of the provisions already paid,
- The CUSTOMER benefits from the efficient management of all the procedures by GCE-FRANCE CREANCES, from its network of judicial auxiliaries (lawyers, bailiffs) and from the special rates obtained from them; GCE-FRANCE CREANCES increases these fees by 20% (excl. tax) in remuneration of the added value of this management work.
- Please note: our fee simulator is available upon request.
Article 4 – Certificates of Non-Collection
- Certificates of uncollectibility (or certificates of noncollection) issued on files that have not generated any collections will be billed according to the following schedule:
- 30€ HT for each file whose principal amount is lower or equal to 5.000€.
- 150€ HT for each file whose principal amount is between 5.000,01€ and 10.000€.
- 200€ HT for each file whose main amount is strictly superior to 10.000€.
Article 5 – Returning documents
- During the 12-month retention period, the CLIENT may request the return of the transmitted documents at any time.
- Unfiling and shipping costs are charged at 35€ excl. tax per file.
Article 6 – Special requests
- If during its collaboration with GCE-FRANCE CREANCES, the CUSTOMER asks for special services which require that GCE-FRANCE CREANCES takes particular measures and/or deploys additional means (tools, processes, organization, team), these services will then possibly be set up by GCE-FRANCE CREANCES after the acceptance by the CUSTOMER of the corresponding estimate
Article 7 – Personal data and right of opposition
- The information collected at the time of the preparation and/or execution of the present mandate are collected and recorded by GCE-FRANCE CREANCES for the purposes of the realization of the service, commercial or accounting management or possible complaints as well as for the purposes of communication of information, news or special offers proposed by GCE-FRANCE CREANCES.
- Only the data strictly necessary for these purposes are kept.
- In accordance with Law 78-17 of January 06, 1978 amended by Law 2014-344 of June 17, 2014, known as “data processing and freedoms”, and European Regulation 2016/679 of April 27, 2016 on the protection of personal data (RGPD), the CUSTOMER has a right to access, rectify and delete his data.
- The CUSTOMER may also object, for a legitimate reason, to the use of his data.
- If the CLIENT wishes to exercise his rights, he may send an e-mail or a letter to the following addresses: email@example.com or to GESTION CREDIT EXPERT, 9-11 Avenue de la Garonnette 31068 TOULOUSE CEDEX, specifying in the subject line “Personal Rights” and attaching a copy of his proof of identity.
- GCE-FRANCE CREANCES will archive, anonymize and destroy the collected data to satisfy its own legal obligations.
Article 8 – Attribution of jurisdiction, penalty clause, default interest, lump sum compensation
- The CUSTOMER grants competence to the Commercial Court of Toulouse where the head office of GCE-FRANCE CREANCES is located.
- In case of non-payment on the due date of the issued invoices, GCE-FRANCE CREANCES will increase the amount of 15% as a penalty clause, not including the interests of delay which will be deducted at the rate of 1% per month of delay and the fixed allowance of 40€ per invoice.
Article 9 – Validation of this mandate (contract)
- The CLIENT has two options to validate (sign) this mandate (contract):
- Either by checking the box ” I have read and accept the General Terms and Conditions of Sale” directly online on its website www.gestioncreditexpert.com when handing over his files for collection to GCE-FRANCE CREANCES on the EXCEL file (handing over of 5 unpaid items and more) or the form (handing over of less than 5 unpaid items) provided for this purpose,
- Or by returning the present document to GCE-FRANCE CREANCES, by email or by mail; the legal representative of the CLIENT will then have to date the present mandate, initial each page, sign it on the last page and affix his commercial stamp.
- The debt collection process can be initiated if and only if this mandate (contract) is validated by one of these two means.
Article 10 – Special conditions
- At the request of the CUSTOMER, it can be considered to set up special conditions, and in this case :
- Either a specific contract is established,
- Either the present GCS are supplemented by an appendix specifying the said conditions; this appendix can then take the form of a formal rider or that of a simple agreement exchanged by e-mails between the CLIENT and GCE-FRANCE CREANCES.
- In any case, the present GTC shall remain applicable, in particular in case of doubt or conflict between the CLIENT and GCE-FRANCE CREANCES, as to the interpretation of the contract or its application.
Rules of partnership between the client (the principal) and GESTION CREDIT EXPERT (the agent)
INFORCREDIT is the business name of GESTION CREDIT EXPERT used for civil investigations and commercial information.
Relationships between the company GESTION CREDIT EXPERT (hereinafter referred to as “INFORCREDIT”) and its clients are governed by these General Conditions and by the Special Conditions defined in the “specific investigation request”.
INFORCREDIT’S commercial information is accessible without a subscription, at the rate in force.
Preferential pricing conditions are possible for bulk orders or promotional offers.
Each information report concerns one natural or legal person at a single address.
The commercial information collected is intended exclusively for client use, and cannot be communicated, duplicated, or assigned free of charge or for a fee to anyone, and particularly not to the natural or legal person that is the subject of the investigation, under penalty of damages.
INFORCREDIT, bound by an obligation of means, cannot be held liable on the basis of information provided in good faith, and the user must determine what action it intends to take, or not take, as a result of a financial commitment it undertakes alone and for which it bears full liability in the event of damage or loss.
INFORCREDIT shall make every effort to meet the agreed deadlines for provision. These are given for information purposes and are calculated in business days in France or abroad.
Article 1 – Enforcability
- These General Conditions are systematically sent or delivered to each applicant to inform them of the services offered by INFORCREDIT.
- These General Conditions are accepted systematically and in advance online and on digital networks or by reference through a purchase order or equivalent document, signed on paper, by any CLIENT in view of an order for services from INFORCREDIT.
- No special condition may, without formal written acceptance from INFORCREDIT, take precedence over these General Conditions in the event of contradiction.
- Any condition other than these General Conditions, which may be invoked by the applicant without prior express acceptance by INFORCREDIT, shall not be binding on the latter, regardless of when it is brought to its attention.
- These General Conditions can be consulted online on our website.
Article 2 – Territoriality (Time and Costs)
- The times and costs for performing the investigation (hereinafter “Investigation(s)”) exclusively refers to Investigations concerning natural and legal persons based in the territory of metropolitan France and Corsica. Any Investigation that must be undertaken in French overseas departments and territories and abroad will systematically be subject to an individual quote.
- Investigations carried out abroad shall be subject to special conditions set on a case by case basis.
Article 3 – Obligations of INFORCREDIT
- It is understood that for all the obligations set out in these General Conditions, INFORCREDIT is bound, in relation the client, who acknowledges the same, only by an obligation of means.
- INFORCREDIT undertakes to implement all means required by the mission.
- INFORCREDIT is not required to provide exhaustive information. If the research conducted leads to providing the client with information of which it was already fully or partially aware, the client must nonetheless pay INFORCREDIT for the services performed.
Article 4 – Orders for services
- The client, as and when the need arises, will send INFORCREDIT, by mail, fax, secure internet or email, its investigation request, primarily using a copy of the “information request forms” that it has been sent, duly completed in printed characters, specifying, in addition to the services being ordered, the name of the natural or legal persons, their addresses, date of birth or Trade and Companies Register number, etc. (this list is not exhaustive), spelled correctly.
- The CLIENT expressly acknowledges that it undertakes, in this context, not to transfer to INFORCREDIT documents of a personal nature, the collection of which does not comply with the provisions of Law no. 78-17 of 6 January 1978, particularly article 8 thereof, including but not limited to data regarding the racial and ethnic origin of a natural person, data regarding their health, injurious or defamatory data.
- With regard to injurious or defamatory data in particular, the CLIENT has been informed that INFORCREDIT’S information system contains an automated software filter that includes a list of words excluded from INFORCREDIT’S information system, which mainly consists of insults, forbidden terms, data it is forbidden to collect, and the parties understand that such an automated filter cannot be considered 100% effective and does not exempt the CLIENT from informing and training its staff in contact with INFORCREDIT’S information system to comply with these General Conditions and with the Law.
- For all investigation requests regarding a married couple living under the same roof, it is expressly agreed that INFORCREDIT will invoice for its services twice (husband and wife) on the condition that the information provided is different, with the exception of property assets systematically researched for each individual and invoiced individually.
- In the case of research into solvency with regard to moveable and/or immoveable assets, it is expressly agreed that the reference address provided by the client to INFORCREDIT must be correct. Failing this, research to determine the new address will be carried out automatically and invoiced separately.
- With regard to services for “immoveable Assets” and “SCI Study”, the prices are understood to be a fixed rate covering the detection of a maximum of two assets; beyond this limit a quote will be supplied.
Article 5 – Price – Invoicing and payment terms – Supplementary information
- Price: service prices are determined according to the scale in force on the day the order is made; these scales are available to clients. Special cases will be subject to a quote. The amount for services provided by INFORCREDIT may increase according to the complexity of the investigation, and particularly if the natural or legal person who is the subject of the investigation:
- Performs multiple professional activities in different establishments and/ or companies,
- Holds significant assets comprising directly owned property or other assets, or is resident abroad,
- Has offshoots (subsidiaries, etc.) in France or abroad.
- Invoicing: In general, provisions are requested. The performance of services is subject to payment. Final invoices are issued after investigations have been carried out. These invoices contain all the mentions set out in article 31 of the order of 1st December 1986, and also include the discount conditions applicable or specify that no discounts will be granted. Unless instructed otherwise in writing, any invoice shall be issued in the name of the party who approved the request or quote. When the services are requested by an agent of the client, this agent shall, in all cases, be responsible for the payment of invoices issued.
- Payment: Invoices are payable upon receipt. In the event of delayed payment, INFORCREDIT may suspend all ongoing services, which may relate to other orders, without prejudice to any other form of action. In the event of delayed payment, the amounts due will incur an amount of default interest at an interest rate applied by the Central European Bank to its most recent refinancing operation plus 10 (ten) percentage points. The resulting rate cannot be higher than the usury threshold set annually by Banque de France. These penalties can be attributed at the service provider’s request. In the event of default on payment, 48 hours after notice has been issued with no response, the contractual relationship shall be terminated as of right, if deemed appropriate by the service provider who may request, in an urgent application, payment of the sums due, without prejudice to any other damages. The party requesting the services must reimburse all costs incurred for the judicial recovery of sums due, including public officials’ fees.
- Urgency: when an Investigation request is specified as “urgent”, the investigation will be performed within 5 to 10 business days (subject to exceptions) and its pre-tax cost will be increased by 50%, except in special cases.
- Supplementary information: in the context of investigations entrusted by the CLIENT to INFORCREDIT, it is expressly agreed that, considering the nature of the services, the CLIENT has the right to request supplementary information following the provision of a first investigation report by INFORCREDIT. This supplementary information may be requested by the CLIENT during the two (2) months following the month in which the report is provided. As such, and by way of example, for an investigation report provided in July, the CLIENT may ask INFORCREDIT for further information relating to this investigation request until 31 August of the same year, and INFORCREDIT shall then keep the data concerned until that deadline in order to meet any supplementary information requests from the client. Beyond this period, the CLIENT is notified that INFORCREDIT implements a secure archiving policy with limited access to these archives for its staff (article 5.6).
- This investigation report is provided to the client by being made available in a space allocated to the CLIENT on INFORCREDIT’S extranet (hereinafter “the Extranet”). The investigation report can be downloaded by the CLIENT for a period of 6 months, from the date it is made available on the Extranet.
- In any case, at the end of a period of 6 months from the date it is made available, the investigation report will be subject to intermediate archiving (hereinafter “intermediate archiving”).
- Upon intermediate archiving, the investigation report will be transferred to a dedicated space accessible only by authorised INFORCREDIT staff. The duration of intermediate archiving is three calendar months at the end of the current calendar quarter.
- It is specified that the CLIENT cannot access the investigation during the intermediate archiving period. However, in exceptional circumstances, to be determined at the discretion of INFORCREDIT, the latter may send a copy of the report to the CLIENT by whatever means they deem appropriate.
- At the end of the intermediate archiving period, the investigation report will be permanently deleted. From then on the report will no longer be accessible as it will no longer exist.
- It is expressly agreed that at the end of the intermediate archiving period, no claim of any kind will be accepted with regard to the investigation report.
- Request to restore the file: the CLIENT can ask INFORCREDIT to resume its investigations into a file that has already been entrusted. Considering the fact that the CLIENT is extending the term of contract it entered into with INFORCREDIT at the time of the original request, the CLIENT shall authorise INFORCREDIT to unarchive the original investigation report to update its research.
Article 6 – Acces – Discretion – Confidentiality
- Access to the information system via the INFORCREDIT website is reserved for the CLIENT who is sole guardian and responsible for all usernames and passwords used for the CLIENT’S authentication; according to INFORCREDIT recommendations, these usernames and passwords must be changed regularly by the client. INFORCREDIT also recommends that the client set up an access policy for the INFORCREDIT information system, to limit the number of parties with access, to train them with discretion and confidentiality and more generally in accordance with these General Conditions.
- INFORCREDIT undertakes to keep confidential information and documents of any nature whatsoever concerning the other party, to which it may have access in the performance of this contract. The two parties will, with regard to their staff, take all necessary measures, under their own liability, to ensure the confidentiality of all the information and documents referred to in the paragraph above.
- INFORCREDIT undertakes to perform its services with the utmost discretion. Information is scrupulously monitored. It is provided openly, in good faith, and INFORCREDIT refuses, in advance, to divulge the sources or means used to obtain it.
- The report is intended for the CLIENT only. It can only be communicated, like the information it contains, in full or in part, to third parties or interested parties the report concerns. Furthermore, under the terms of article 226-13 of the Criminal Code: “the disclosure of information of a secret nature by a person who is custodian of that information, either due to their status or profession, or due to a temporary role or mission, is punishable by one year’s imprisonment and a € 15,000 fine”.
- In accordance with law no. 78-17 Law on Information Technology and Civil Liberties of 6 August 1978 amended on 6 August 2004, INFORCREDIT undertakes to take all necessary precautions with regard to information it collects itself as part of the specific mission, provided that this information constitutes, pursuant to the law, data of a personal nature, “to preserve the security of this data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorised third parties” (Art. 34). The security measures taken by INFORCREDIT comply with professional standards in these circumstances, such as, in particular, implementing a firewall against fraudulent intrusion, implementing anti-virus software on INFORCREDIT systems, isolating data in a secure place, etc.
- Furthermore, the CLIENT, as the party giving the order and liable for the processing, undertakes to comply with article 32, Chapter V of the Law on Information Technology and Civil Liberties of 6 January 1978, as amended, on the obligation to inform the person concerned by the investigation request.
Article 7 – Jurisdiction
Any dispute or litigation regarding the performance of services under the General Conditions shall be subject to the exclusive jurisdiction of the Courts of Toulouse.
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