AKTOR INTERACTIVE GENERAL CONDITIONS OF SALE

1. Applying the conditions

Placing an order implies complete and unreserved compliance with these general conditions of sale. No other general condition of purchase can override these general conditions of sale. No addition, omission or modification of any of the following general conditions of sale will be legally binding for Aktor Interactive, unless otherwise agreed expressly in writing.

2. Orders

Orders taken by our sales team or placed by our clients are considered firm, once the client has signed a Commercial Agreement or Purchase Order as a confirmation.

3. Delays

AKTOR INTERACTIVE is bound by an obligation of means to fulfil its service.

Advert posting on the internet:

AKTOR INTERACTIVE make every effort to disseminate the job offers of the client as soon as possible.

Regarding the release of adverts online, AKTOR INTERACTIVE depends on the delays from the partner websites, which means AKTOR INTERACTIVE cannot offer any further guaranties than those the partner websites have towards AKTOR INTERACTIVE.

Furthermore, the agreed upon deadlines in the Commercial Agreement will automatically be revised without holding Aktor Interactive responsible in the following cases:

  • If changes or complements are made to the project by the client after the final text is drawn up.
  • If the adverts cannot go live on the scheduled date, for reasons attributable to the client.

Any delay for the following reasons is attributable to the client:

  • Inaccurate or incomplete information shared with AKTOR INTERACTIVE
  • Poor collaboration
  • Insufficient organisation from the client
  • A delay concerning the release or approval of a document
  • Non-execution of any of the clauses in the contract (general or special conditions) will release Aktor Interactive of its commitment regarding the schedule publication date. Any additional costs due to the delay are at the client’s expense (fees for extra time spent on the folder for instance).

 

This surcharge can potentially include compensation for other delays caused by the postponed campaign, if other cases can’t be handled on time for instance. The surcharge can reach 50% of the total cost of the order.

All new commitments regarding delays and return to work need to be defined in an express approval between the two parties. The new commitment does not change the agreed-upon terms of payment.

Finally, all delays due to a temporary issue affecting access to the back office of our partner websites or the servers of messenger platforms will call for a revision of the deadlines without holding Aktor Interactive accountable, especially if the cause of the problem is the service provider (Electricité de France for instance).

4. Information disclosed by the client

The technical elements must be sufficient and comply with the technical specifications of the platform. If this is not the case, AKTOR INTERACTIVE cannot be held responsible for the poor quality of the copy.

AKTOR INTERACTIVE will not be held responsible for the deterioration, loss or theft of any technical elements, nor will it be held accountable for the deterioration, loss or theft of any other elements provided by the client.

Any documents not claimed by the client within a month will be destroyed.

The client must ensure that all transferred documents for usage online are not bound by copyright laws: the client is responsible for any accusations from a third-party concerning copyrighting.

5. Prices

Our prices do not include tax; VAT must be added to the total cost, depending on the accepted pricing and the specific conditions.

The indicated prices on the quote or the commercial agreement are firm and are valid for the month after the quote has been sent.

Design and creation of an internet website, offers or brochures

An initial sales offer quote must be considered an estimate and susceptible to changes past the first stage of defining the services required.

The initial phase allows us to define the limits of the agency’s intervention (performance, volume, etc.) as well as allowing us to elaborate and validate the documents (graph templates, tree structure graphs, storyboard, functional specifications, etc.).

Any additional information not included in the quote will be considered a correction by the author or a change made to the documents after the initial phase of the service.

Examples:

  • Changes to approved creations,
  • Changes to approved functional specifications,
  • Number of back and forth corrections exceeding the agreed upon amount in the quote.

All services not in the original quote will be the subject of an additional quote.

Examples:

  • Search for visuals,
  • Visual editing,
  • Additional page numbering,
  • Other delivery points, etc.

6. Proprieties

Any creations and files are the property of the agency as long as the client has not renounced his rights.

The rights of the use of the image depend on the conditions defined in the quote (limits and duration).

The hourly rates can vary depending on the time of year and will be reevaluated based on the Syntec index.

7. Billing

In order to share the offers, the billing must be handled before the first job offer appears online.

For the other offers or services, the billing takes place at different stages of the recruitment campaign, defined by the sales offer.

The provisional scheduling is first approved by the client during the scoping meeting. This document, signed by the client, defines the payment schedule (deposit and balance).

Any delays due to the client, which lead to rescheduling of the job offer publications, do not affect the regulations schedule.

8. Conditions of payment

8.1. Methods

The regulations are active upon receiving the bill, unless the order or the publication offer stipulates otherwise.

8.2. Delay or Flaw

No discount for delayed payments; this will lead to a penalty 3 times that of the legal interest rate (act 2008-776 from 04/08/2008) as well as a lump sum of 40€ for the recovery fee (decree 2012-1115 from 02/10/2012).

Furthermore, interest fees for the delay of 7% per year apply. This indemnity can be required for the same reasons as those for the delay interest rates from the moment the payments are not made on the due date, even if there is no reminder.

If there is no reply to our formal notice, a third party will be required to cover the recovery fee and all other fees will be the responsibility of the client.

These indemnities, having been agreed upon by both parties in a formal setting, don’t need a formal notice. Any lateness for the payment entitles the provider to postpone or cancel the current order(s), without any legal consequences. Failure to pay the bills or respect the agreed upon scheduling will lead to the demand of all due and not matured sums.

8.3 Changes to the bill

If the buyer, for whatever reason, asks Aktor Interactive to alter bills already agreed upon, Aktor Interactive will charge the buyer rebilling fees and file manager fees of 50€ without tax per bill.

9. Subscription to technical services

The subscription to technical services (such as Gestmail, Gestpro, RoboPost) are included for a year and are renewed automatically for 12 months, unless specified otherwise. You can cancel the subscription on the anniversary date of your contract with a notice period of 2 months.

10. Illicit Content

AKTOR INTERACTIVE would like to remind clients that texts and visuals shared by the client must comply with the regulations in place and that it is forbidden to share any information and/or elements of a racist, xenophobic, pornographic, injurious, slanderous nature or intention.

AKTOR INTERACTIVE is not responsible in any way for the content provided by others; it is the sole responsibility of the authors.

In that regard, Aktor Interactive cannot guaranty the truthfulness or the accuracy of the information. Aktor Interactive reserves the right to filter or delete any illicit content or information.

11. Responsibility

AKTOR INTERACTIVE will not be held responsible if any partner websites, on which Aktor Interactive publishes offers for the client, are temporarily unavailable, especially if the cause of the problem is the service provider (Electricité de France for instance), access providers, hosts, or the fault of a third-party. This is true for the user and every person authorised to access the content.

12. Juridiction

If any or all of these general sales conditions are opposed, or if any other disagreements arise during the execution of an order, the issues must be addressed in a commercial court in Lyon.