Article 1 – Purpose
These Terms and Conditions govern the contractual relationship between the service provider, Archiveo, and its customer, via the website www.archiveo.fr, whose main purpose is to provide advice and assistance with historical research (archival research, analysis of historical sources, and promotion).
These general terms and conditions of sale are expressly agreed and accepted by the customer, who declares and acknowledges that they are fully aware of them and therefore waives the right to invoke any contradictory document, in particular their own general terms and conditions of purchase, which shall not be enforceable against the service provider, even if the latter is aware of them.
These general terms and conditions of sale are available on the website www.archiveo.fr and are systematically communicated to any customer who requests them, to enable them to place an order with the service provider.
Article 2 – Quotes
All requests for services will be subject to a feasibility study by the service provider and the preparation of a free, no-obligation quote.
Each quote shall include a description of the service, prices in euros, payment terms, delivery time, payment deadline, and payment methods, as well as any special conditions defined in advance, such as any additional costs (travel and/or accommodation allowances, postal charges, etc.).
The terms of the quote are valid for thirty days from the date it is sent to the customer. After this period, a new quote may be drawn up.
Article 3 – Performance of services
Order
The service order shall be deemed valid in its entirety after the quote has been returned to the service provider, dated, signed, and preceded by the words “Agreed and accepted” affixed by the customer, this signature implying acceptance of these general terms and conditions of sale.
Any accepted quote shall be valid as an order form for the service indicated and shall constitute a contract binding the service provider to the customer.
Production
The services are provided remotely, preferably by email, based on written information provided by the customer, provided that this information is sufficiently precise and explicit in its description.
The customer undertakes to provide all the information necessary for the proper performance of the service within seven (7) days of contacting the service provider via the website www.achiveo.fr
Based on this information, the service provider will carry out a feasibility analysis and, if applicable, issue a quote tailored to the client’s request in order to be able to respond to it as effectively as possible.
The work requested by the client will be carried out within the timeframe specified in the quote. This timeframe is indicative and depends on the nature of the service ordered; the service provider reserves the right, after informing the customer, to extend this deadline in the event of an impediment or force majeure.
The service provider cannot be held liable for failure to meet the deadlines specified in the quote in the event of non-transmission, delayed transmission, or partial transmission of the information expected from the customer.
In these various cases, the service provider may propose a new deadline for the provision of the service, which cancels and replaces the initial schedule. This postponement is binding on the customer and does not give rise to any refund of sums paid or any form of compensation, and may not under any circumstances result in the termination of the contract.
No compensation may be claimed in the event of a delay due to force majeure (internet outage, computer hacking, closure of archive services for maintenance, strike, etc.).
If the customer wishes to substantially modify the service being provided (for example, by expanding the scope of the initial search or adding new elements not included in the quote that has already been approved), an additional quote must be drawn up and signed for this purpose.
Delivery
The delivery time for the service depends on the scope and complexity of the work to be carried out, the time required to obtain access to the archive documents, and the service provider’s availability to consult and reproduce them.
The work forming part of the service is delivered within the time frame stated in the quote and on the medium previously agreed with the customer, preferably by email. In the case of postal delivery, the client will be asked to contribute to the printing and postage costs.
Photographs of historical documents sent to the client are all accompanied by information on their origin, enabling them to be identified and located (archive center, collection, series, box, file, and any sub-files in which they are stored).
Where applicable, when delivering the service ordered by the customer, the email exchange with the customer will contain advice on additional sources that may be used at a later date to enrich the customer’s research. if the customer wishes the investigation to continue in order to obtain new references and photographic reproductions of documents, this will be subject to a new quote.
Non-substantial modifications
Upon receipt of the work ordered and the related invoice, the customer must inform the service provider in writing within a maximum of 48 hours if they notice any defects. After this period, the documents sent will be considered to be fully compliant with the order, the customer will be deemed to have accepted the service delivered without reservation, and the amount of the invoice issued by the service provider will be payable in full.
In the event that the client has reported a defect in the work delivered to them within the period indicated above (for example, the photographic reproduction of a text that remains illegible or that of an image of too poor quality to be usable), non-substantial modifications may be made by the service provider (for example, redoing defective photographs).
Price revision
The rates mentioned in the quote are given for information purposes only and are subject to revision if the nature of the service changes; they are valid for 30 days from the date of the quote.
The price of the service defined in the quote previously accepted and signed by the client is not subject to change.
Article 4 – Invoicing and payment
Invoicing
An invoice will be issued for each service provided.
All prices shown on the invoice include tax.
Invoices will be sent to the customer electronically, unless the customer expressly requests otherwise.
The rates charged are those in effect on the date the order is placed.
Payment
The customer is free to pay for the service by check or bank transfer. If the latter incurs additional costs (related, for example, to exchange rates or international interbank transfers outside the European Union), these are the sole responsibility of the customer and are not deductible from the amount invoiced for the service.
Payment of the invoice shall be made in euros only.
Half (50%) of the invoice amount must be paid before the service is performed when the time required to perform the service is less than or equal to three (3) hours.
Advance payment for a service does not entitle the customer to a discount.
For services involving more than three (3) hours of work, a deposit of 30% of the total invoice amount is required before the work is performed, with the balance payable upon delivery of the service.
Payment for the service may be spread out according to a schedule agreed upon by the service provider and the client when the invoice amount is high.
The service provider shall not be required to provide the services ordered by the customer if the latter fails to pay any deposit in accordance with the terms and conditions set out above.
Any delay in payment will automatically result in the suspension of services in progress until payment is made.
Penalties of 10% per day of delay in payment are payable without formal notice being required. They shall automatically apply from the day following receipt of the invoice.
Furthermore, since January 1, 2013, and in accordance with Article D. 441-5 of the French Commercial Code, the amount of the fixed compensation for recovery costs provided for in the twelfth paragraph of Article L. 441-6 is set at €40.
Article 5 – Obligation of means
The service provider undertakes to perform the services requested by using all the resources at its disposal.
However, as this is a support and advisory service, the service provider’s obligation to its client is only an obligation of means and not an obligation of result.
If the service provider were to be held liable, this liability would be strictly limited to the amount of the client’s order and not to the consequences of the use of the resulting work.
The service provider shall not be held liable for any unsatisfactory results :
- due to the client’s incorrect assessment of its needs;
- due to incomplete, incorrect, concealed, or falsified information provided to the service provider;
- due to simple negligence by omission.
The service provider cannot be held liable for problems related to possible conversions of files from different software versions, incompatibilities, or Internet network malfunctions.
The service provider shall in no event be held liable for any direct or indirect damage of any kind whatsoever and in any location whatsoever related to the customer’s use of the photographs provided to them for strictly personal and non-commercial use.
In particular, the service provider cannot be held liable for the client’s failure to comply with, due to ignorance or violation of, the rules governing the reuse of images and data contained in the photographic documents sent to them.
The service provider reserves the right not to respond to a request or to terminate a collaboration aimed at producing or participating in the development of documents and works that are contrary to public decency or the laws in force, as soon as it becomes aware of this.
Article 6 – Confidentiality
The service provider and its client agree to a confidentiality agreement within the framework of the service that binds them.
The service provider undertakes to treat as strictly confidential, and refrains from disclosing to third parties, by any means whatsoever, any information, document, or data that it may become aware of in the course of the contract entered into with its client.
The service provider undertakes not to use the information collected from its client for any purpose other than to carry out the work entrusted to it under the service contract.
The client undertakes in return not to disclose or communicate to third parties, by any means whatsoever, the documents sent to it by the service provider.
The client shall take all necessary measures to preserve the confidentiality of its exchanges with the service provider.
These confidentiality provisions shall take effect on the date of signature of the quote constituting the contract between the service provider and the client, and shall remain in force until the service has been delivered.
This confidentiality agreement is governed by the laws of the service provider’s country.
In the event of any dispute relating to the interpretation and execution of this confidentiality agreement, the parties shall endeavor to settle it amicably.
If they are unable to do so, the competent courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction to settle the dispute.
Article 7 – Client obligations and responsibilities
The client’s primary obligation is to cooperate with the service provider to enable them to work on site (i.e., in the archive storage centers) and to perform the agreed services under the best possible conditions. in particular, they must grant the service provider access to accurate and reliable information; in return, the service provider has a duty of discretion regarding all information to which they have access.
The client also has an obligation to accept the work carried out by the service provider and to indicate whether it complies with their request. In the event of disagreement, acceptance with reservations is possible.
The third obligation of the customer who has requested the services of the service provider is to pay the latter in return for the work performed; in the event of the customer’s insolvency, the service provider benefits from guarantees, in particular the possibility of suspending the performance of the service.
It is also the customer’s responsibility to protect themselves from any intrusion or contamination by viruses that could slow down the transmission or damage the data necessary for the performance of the work forming the service.
The customer is also required to comply with the Heritage Code, the Code of Relations between the Public and the Administration, the Intellectual Property Code, the Data Protection Act, and the General Data Protection Regulation, particularly with regard to personal data.
Article 8 – Withdrawal, cancellation, complaints
Withdrawal
Under the Consumer Code, the customer has a period of fourteen (14) days from the conclusion of the contract to withdraw from the service provider by sending a registered letter with acknowledgment of receipt.
However, this right of withdrawal does not apply if the service has been fully performed before the end of the said period.
Cancellation
In the event of cancellation of the order by the customer after acceptance of the quote, for any reason whatsoever, except in cases of force majeure :
- if a deposit has been paid at the time of the order, it shall be automatically forfeited to the service provider and shall not give rise to any refund,
- if no deposit has been paid at the time of the order, a sum corresponding to 40% of the total invoice shall be forfeited to the service provider as damages to compensate for the loss suffered.
Complaints
The customer may express reservations about the service provided by the service provider in relation to the performance of the service and file a complaint in the event of non-compliance with the quote.
Any complaint or dispute on the part of the customer must be brought to the attention of the service provider within 48 hours of receipt of the order.
After this period, the work delivered to the customer will be considered to be in accordance with the order and no further complaints may be made against the service provider.
Any complaints must be sent to the service provider by registered letter with acknowledgment of receipt, and must be accompanied by the following information :
- the subject of the complaint ;
- the client’s full contact details (surname, first name or company name, address, telephone number, email address);
- the date and reference number of the quote;
- and any other supporting documents required depending on the subject of the complaint.
In the event of dissatisfaction or dispute regarding the service provided, an amicable solution may be sought depending on the nature and validity of the complaint.
Article 9 – Rules for Internet use and validity of electronic exchanges
The customer declares that they accept the characteristics and limitations of the Internet, and acknowledges in particular :
- that they are solely responsible for their use of the information. Consequently, the service provider cannot be held liable for any express or implied obligation, such as civil liability towards the customer for any direct or indirect damage resulting from the use of said information ;
- that they are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying, or transferring information ;
- that the communication by them of their personal identification details or, in general, any information deemed confidential by the customer is done under their own responsibility ;
- that it is their responsibility to take all necessary measures to ensure that the technical characteristics of their computer allow them to consult the information ;
- that it is their responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating through the site.
The customer acknowledges the validity and probative value of electronic exchanges and records made by the service provider and accepts that such exchanges and records have the same probative value as a handwritten signed document.
Article 10 – Termination
In the event of a breach by the customer of one of its essential obligations, the service provider reserves the right to immediately and automatically suspend the provision of the service and/or terminate the contract after a formal notice has remained without effect for one month or, without notice, in the event of repeated breaches or breaches relating to intellectual property rights.
In the event of termination by the customer, the service provider shall not be required to reimburse any sums paid in full or in part by the customer for work commenced or performed by the service provider.
Article 11 – Jurisdiction
Contracts between the service provider and its customers are subject to French law.
In the event of a dispute concerning the application or interpretation of these contracts, the parties agree to seek an amicable solution.
In the absence of an amicable solution, the courts within the jurisdiction of the Paris Court of Appeal, where the service provider is based, shall have sole jurisdiction to settle the dispute, regardless of the place of delivery of the work, in France or abroad.