Purpose and scope
These general conditions detail the rights and obligations of StoriesOut and its clients and apply to all consulting services provided by StoriesOut.
Except for specific conditions presented in the price quotation, letter of agreement or contract, hereinafter referred to as “Contract”, the customer’s agreement to the Contract implies full and unreserved acceptance of these terms.
StoriesOut is a consulting agency that delivers – without being exhaustive – the following services:
- Press relations
- Media coaching
- Communication consultancy
- Social media communications management
The duration of the mission entrusted to StoriesOut is as stipulated in the Contract. The mission does not start until an authorized representative of the client signs the Contract.
The cost of the service is the amount indicated in the Contract. For the duration of the mission, it cannot be modified without the agreement of both parties.
Terms of Payment
Invoices are payable within a maximum of 30 days following their issue, by bank transfer. StoriesOut undertakes to issue invoices that comply with legal requirements.
In the event of total or partial non-payment of invoices when due, the buyer must pay StoriesOut a late payment penalty equal to three times the legal interest rate.
The rate of legal interest used is that in force on the day the invoice is issued in France.
This penalty is calculated on the amount including VAT (based on the rate of “TVA in France) of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date, will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
If, within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of StoriesOut.
Rights and obligations of the Parties
Obligations of the Parties
The Parties agree to cooperate closely in order to allow the proper performance of the Contract.
The Parties agree to provide each other with help and assistance to quickly resolve any difficulties or incidents that may arise during the performance of the Contract.
StoriesOut must be able to access any source of information and documents whose knowledge is necessary for the accomplishment of its task in order to be able to be associated with the CLIENT’s activity and to be able to better understand the workings and objectives and thus be in a position to better formulate its recommendations.
In particular, the CLIENT undertakes to provide StoriesOut with all the information and documents requested by StoriesOut and which are necessary for the performance of its mission.
Obligations of StoriesOut
StoriesOut must be able to access any source of information and documents whose knowledge is necessary for the accomplishment of its task in order to be able to be associated with the activity of THE CUSTOMER, to be able to better understand the workings and objectives and thus be in a position to better formulate its recommendations.
In particular, THE CUSTOMER undertakes to provide StoriesOut with all the information and documents necessary to carry out its mission.
The property rights relating to the written or visual media, to the documents, photos or various achievements made within the framework of this contract become the exclusive and total property of the customer for the duration and the object provided for contractually, as soon as the related fees and technical services have been paid in full.
StoriesOut has no obligation to verify the information transmitted to it by THE CLIENT, THE CLIENT being solely responsible for this.
StoriesOut, as well as its staff and any external service providers, undertake to keep confidential, both during the term of the contract and after its expiry, and unless expressly authorized by THE CLIENT, all information identified by THE CLIENT as confidential, including the advice will have had knowledge of THE CLIENT’s activity, as well as the actions, budgets and creations for which he is responsible.
StoriesOut undertakes to carry out its mission according to the rules of the art of its profession, its responsibility being liable only for operations over which it has full control.
StoriesOut undertakes not to collaborate with companies whose activity is directly competitive with that of the CLIENT during the term of this contract, except with the express agreement of the CLIENT.
StoriesOut remains proprietary of its know-how and the methodologies that have been developed for the execution of this contract.
The Parties are not held responsible, or considered to have failed hereunder, in the event of delay or non-performance, when their cause is linked to force majeure as defined by applicable French law. In the event of the occurrence of a case of force majeure, the affected Party is required to inform the other Party as soon as possible after becoming aware of it. The Party affected by the case of force majeure must do everything in its power to limit the effect that this event may have on the performance of its obligations under the Contract.
The Parties undertake to keep strictly confidential all Confidential Information (as this term is defined below) exchanged or communicated between them during the Contract and including that resulting from the pre-contractual negotiation phase, throughout the duration of the Contract and for a period of five (5) years after its expiration for any reason.
Confidential Information means any information, data or non-public document communicated within the framework of the contract or before the conclusion of the contract and which concerns one of the parties or companies of its group and whatever the subject (and in particular, the commercial offer, strategy, processes or procedures, technical, industrial, commercial, legal, accounting, financial information, etc.), their nature (know-how, methods, processes, technical and installation details, etc.) , the medium (written, printed document, CD ROM, computer diskette, sample, model, drawing, plan, etc.) and the mode of transmission (written, oral, computer including networks and/or electronic messaging, etc.). Confidential Information is also any analysis, summary, study or document of any kind that the parties establish based on the Confidential Information.
Each Party undertakes to:
- Use the Confidential Information only within the framework of the subject matter hereof;
- Limit, by all appropriate means, the dissemination and use of Confidential Information to its employees directly responsible for the performance of the contract;
- Take all necessary measures to ensure that the Confidential Information is protected against theft, disclosure or any other form of unauthorized access, by applying to them at least the same level of protection as that which it implements to protect its own confidential information.
- Inform the other party of any violation or non-compliance with the obligations described in this article and provide all possible assistance to minimize the effects of such violation.
Each Party is responsible for its employees, agents, partners and contractors as well as itself. Each party shall not, however, be responsible for any disclosure if the material disclosed was in the public domain at the time of the disclosure, or if the party obtained the material from third parties through legitimate means.
Applicable Law and Disputes
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the courts of Paris, France.
Paris, April 2022