General Sale Conditions
1. These general sales conditions apply to all cases unless otherwise stated in a written agreement or its annexes.
2. MEDIAMETRIE's responsability in running the survey is strictly limited to deploying the equipment and the means reasonably required to carry out the survey under normal conditions, conforming to the code of loyal practices enforced by the profession and CCI/Esomar rules. In case of a technical error during the collection, analysis, processing or publication of the data, the responsibility of MEDIAMETRIE is to take the appropriate corrective measures as soon as possible. In the case MEDIAMETRIE default one of its contractual obligations, the indemnification for the prejudice undergone by the Client, should that be the case, will not exceed the amount received from the Client for the services concerned.
3. MEDIAMETRIE shall keep all the information given by the Client strictly confidential and use it only, if necessary, in written reports,. All the results communicated by MEDIAMETRIE remain the exclusive property of MEDIAMETRIE and must be treated as confidential by the Client. The latter agrees to take all required measures to prevent any unauthorized reproduction and/or circulation thereof, both within and outside his Company. The client is ,not allowed without the written consent of MEDIAMETRIE, to store the delivered data into information and documentation systems outside his company, to transform them or transmit them.
The results are protected by copyrights and specific database protection rights.
4. The means of execution of the services are freely chosen by MEDIAMETRIE, particularly concerning the selection of contributors or the use of subcontractors.
5. The VAT is not included in the prices. It will be added at the time of invoicing. Their nature (fixed or adjustable) and their amounts are specified at the time of the order or at the contract's validation.
6. The surveys which price is lower or equal to 4.500 Euros (no VAT included) are invoiced and paid with the order. When the price of the survey is over 4.500 Euros (no VAT included), 50% of the amount is required as down payment and the remaining balance is invoiced on delivery. The down payment is payable in cash, and the other invoices are due within 30 days of invoice date. In case of non payment of the aforementioned invoices within the time period, MEDIAMETRIE will have the right to suspend its services, 48 hours after a formal demand remained without effects, as long as payment has not been received. In addition, the penalties for outstanding payments will be calculated from its maturity up to the date of full payment at the rate of 3 times the legal interest rate without this clause harming the liability of the debt. These penalties will be due upon receiving a notice informing the Client that he is indebted to MEDIAMETRIE.
Where the Client's company rules so require, the Client shall issue an internal purchase order (hereinafter referred to as an "IPO") and pass on to MÉDIAMÉTRIE upon signature of the order all information relating to the IPO, such as, but not limited to, the IPO reference number, so as to enable MÉDIAMÉTRIE to issue the invoice in the form required by the Client. Communication of said information to MÉDIAMÉTRIE shall constitute an essential obligation of the Client. Should the Client be in breach of that obligation, MÉDIAMÉTRIE shall reserve the right to suspend both the performance of the service and the user license until the breach has been cured by the Client.
7. The database and all documents used during the realization of the survey remain the exclusive property of MEDIAMETRIE. MEDIAMETRIE may, except in case of a notice from the Client, destroy this material within two years after delivery of the results. All or part of the materials used during the realization of the survey will be kept beyond this deadline only upon a written notice of the Client. Storage costs could be applied in accordance with the nature of the material and its length of time being stored.
8. Any modification of the aforementioned conditions must be done in writing.
9. For all disputes or litigations, the Tribunal de Commerce of Paris will have exclusive jurisdiction.