Legal notices
1. Presentation of the site :
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., we bring to the attention of users and visitors to the site: www.ops-conseil.com the following information:
Legal information :
Owner status: company
Prfix : SAS
Company name : OPS CONSEIL
Adress : 26 rue du Sentier 75002 Paris
Phone : 0155344600
With a capital of : 10 000 €
SIRET : 917 703 480 00017 R.C.S. : B917 703 480, APE 7311Z
Intra-community VAT number : FR 95 917 703 480
email : contact@angie.fr
The Creator of the site is : Octave Octave
The person in charge of publication is : Clara Paul-Zamour
Contact the publication manager : cpaulzamour@ops-conseil.fr
The person responsible for the publication is a natural person
Webmastering is done by : Communication Angie
Contact Webmaster : contact@angie.fr
The host of the site is : INFOMANIAK NETWORK SA, a public limited company with its registered office at : 25 rue Eugène-Marziano, 1227 Les Acacias, Genève, Suisse
R.C.S Genève CHE-103.167.648 - Phone : +41 22 820 35 44
2 - General conditions of use of the site and the services offered:
The use of the site www.ops-conseil.com implies full acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, without prior notice, so users of the site www.ops-conseil.com are invited to consult them regularly.
www.ops-conseil.com is in principle accessible to the users 24/24h, 7/7d, except interruption, programmed or not, for the needs of its maintenance or case of absolute necessity. In case of impossibility of access to the service, www.ops-conseil.com undertakes to do its utmost to restore access to the service and will then endeavour to inform users in advance of the dates and times of the intervention. Being subjected only to an obligation of means, www.ops-conseil.com could not be held for person in charge of any damage, whatever is the nature, resulting from an unavailability of the service.
The site www.ops-conseil.com is updated regularly by the owner of the site. In the same way, the legal mentions can be modified at any time, without notice and are imposed to the user without reserve. The user is deemed to accept them without reservation and to refer to them regularly to take note of the modifications.
The site www.ops-conseil.com also reserves the right to assign, transfer, without prior notice the rights and/or obligations of the present GTU and legal notice. By continuing to use the Services of the site www.ops-conseil.com, the user recognizes to accept the modifications of the general conditions which would have intervened.
3. Description of services provided :
The purpose of the site www.ops-conseil.com is to provide information about all the company's activities.
The owner of the site endeavors to provide on the site www.ops-conseil.com information as precise as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.
All the information proposed on the site www.ops-conseil.com is given as an indication, is not exhaustive, and is likely to evolve. They are given subject to modifications having been made since their setting on line.
4. Limits of liability :
The site www.ops-conseil.com uses java script technology.
The site www.ops-conseil.com cannot be held responsible for typographical errors or inaccuracies appearing on the service, or for any damage suffered as a result of its use. The user remains responsible for his equipment and its use, and he alone bears the direct or indirect costs following his connection to the Internet. The user of the site www.ops-conseil.com undertakes to access it using recent equipment, free of viruses and with a last generation updated browser.
The user releases the responsibility of www.ops-conseil.com for any damage that he could undergo or make undergo, directly or indirectly, because of the proposed services. Only the responsibility of the user is engaged by the use of the proposed service and this one releases expressly the site www.ops-conseil.com of any responsibility with respect to thirds. Interactive spaces (possibility of asking questions in the space contact) are at the disposal of the users. The site www.ops-conseil.com reserves the right to remove, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, the owner of the site also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph…).
It is reminded here that the developers of the site www.ops-conseil.com keep track of the email address and IP address of the user. Consequently, it must be aware that in case of injunction of the legal authority it can be found and pursued.
6. Intellectual property and counterfeiting :
The owner of the site is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software…
Any reproduction, representation, modification, publication, total or partial adaptation of the elements of the site, whatever the means or the process used, is forbidden, except prior written authorization to the email : contact@angie.fr
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
7. Hyperlinks and cookies :
The site www.ops-conseil.com contains a certain number of hypertext links to other sites (partners, information …) set up with the authorization of the owner of the site. However, the owner of the site does not have the possibility of checking the contents of the sites thus visited and thus declines any responsibility as for the possible risks of illicit contents.
The user is informed that during his visits to the site www.ops-conseil.com, one or more cookies may be automatically installed on his computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation.
8. Governing law and jurisdiction :
Any dispute in connection with the use of the site www.ops-conseil.com is subject to French law. The user as well as www.ops-conseil.com agree to submit to the exclusive competence of the French courts in case of litigation.
Protection of goods and people - management of personal data:
In France, personal data is protected in particular by Law No. 78-87 of January 6, 1978 as amended , Article L. 226-13 of the Criminal Code and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR).
On the site www.ops-conseil.com, the owner of the site collects personal information relating to the user only for the need for certain services offered by the site www.ops-conseil.com. The user provides this information with full knowledge of the facts, in particular when he/she proceeds by himself/herself to their input. It is then specified to the user of the site www.ops-conseil.com the obligation or not to provide this information.
The databases are protected by the provisions of the law of July 1, 1998 transposing the directive 96/9 of March 11, 1996 on the legal protection of databases.
You can view the privacy policy by clicking HERE.
9. General terms and conditions of sale :
General Conditions of Sale applicable in the absence of a signed contract
General - Any order implies full acceptance of these terms of sale (available at www.ops-conseil.com). They govern the relationship between the entity of the Angie group (hereinafter the Company) and the customer (hereinafter the Customer) identified in the order, the site and/or the quote concerned. These GTC shall not be modified by contrary stipulations that may appear on the Customer's order forms or in its general purchasing conditions. However, it is agreed that by signing a collaboration contract, the present GTC may be modified by the clauses of said contract.
Quotation - Any order, except for the purchase via the Internet of products or services that are not personalized, may be subject to a quotation drawn up by the Company. The quotation accepted by the Client constitutes a firm order and implies acceptance of these GTC. In the event of execution of the order in the absence of a prior estimate, the Client acknowledges having previously read and accepted these GTC. Any modification, even partial, of the service initially agreed upon must be the subject of an estimate. Any order or estimate accepted commits the Client, the legal entity on whose behalf it is drawn up, without the Company being obliged to ensure the quality and situation of the Client's "principal". The Company undertakes to provide the services contractually stipulated in the quotation as a contractor and publisher under its total responsibility. It may subcontract all or part of the services at its own risk.
Information - The Company has defined the nature, scope and terms of its services on the basis of the information provided by the Client. The Client declares that it has carried out an exhaustive study of its needs, which correspond to the specifications set out in the documents provided to the Company. It declares that the services estimated by the Company correspond to its needs. The Client undertakes in all circumstances to provide the Company with all the information, complete, accurate and freely usable, necessary for the execution of the services. The Client is responsible for the information it provides to the Company, in particular concerning its activity, its economic and financial data, the nature, composition, origin and substantial qualities of its products and services. The Client must verify that each of the assertions made by the Company is true and justifiable. The Client is responsible for compliance with the legislation specific to its activity. The Client certifies to the Company that it holds the necessary authorizations and rights for the distribution and exploitation of the elements and images (people, landscape, goods, protected works, etc.) provided by it. The Client expressly guarantees the Company against all claims, recourse or actions that any individual or legal entity may take in respect of the elements or information thus provided. The Client designates a person in charge of coordination with the Company's teams.
Delivery and execution deadlines - The transport of graphic works and all other production works is carried out at the expense and risk of the Client. Delivery shall be made either to the Customer's registered office or to any place designated by the Customer. The said work and products delivered are considered to be definitively "accepted" by the Client, unless the Client has sent a letter with acknowledgement of receipt to the Company within 48 hours of delivery, justifying the non-conformity of the work with the finalized project accepted. Delivery times are given as an indication. Any delays in delivery may not give rise to damages, indemnities, penalties or deductions, nor may they motivate the cancellation of the order. Delivery is considered to be made either by simple notice of availability or by handing over to a carrier. The risks of loss or damage to the products are transferred to the Client on the date and at the time of their delivery to the carrier by the Company. Consequently, the Client will be responsible for the products from that moment and will assume the risks related to the products during transport. For online services, the Client takes delivery by downloading from the website. To this end, the Company will send the Client a login and a password enabling the download to be carried out, this login and password being valid for one (1) month from the date they are sent. For web and mobile sites, applications and all services carried out in stages, the Client must carry out the required validations within the prescribed time limits.
Prices, Invoicing and Payment - The prices of the products and services marketed online are those appearing on the Company's price list in force on the day the order is placed by the Customer. They are in euros and exclusive of tax. The online services and products must be paid for either online via the website, or by check or bank transfer, before they can be downloaded by the Client. For other products and services, invoices are payable at 30 days end of month from the date of the invoice, unless special conditions are expressly accepted by the Company at the time of the order. Paper purchases are made by the Company to cover the needs necessary for the production of the newspapers, the paper will be delivered and stored at the printer designated by the Company in due course. In the event of breach of contract by the Client, the Client undertakes to buy back the remaining stock of paper. A deposit, as defined in Article 1590 of the Civil Code, equal to 30% of the total amount of the order shall be invoiced to the Client at the time of the order. These deposits are payable in cash upon presentation of the invoice. They remain due to the Company in any case.
Late payment - Any sum not paid on the due date will automatically and without prior notice give rise to the payment of late payment interest at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points. This interest will run from the due date until the day of full payment. In the event of non-payment after a letter of formal notice, without prejudice to the costs for which it would be liable in application of the above clauses, damages and claims made in application of Article 700 of the C.P.C., the Customer will be required to pay a fixed indemnity equal to 15% of the total amount excluding tax of the unpaid sums. This indemnity will be payable including in the context of a payment order procedure or an action in summary proceedings.
Cancellation of the order - The cancellation of the order by the Client, duly notified to the Company, will result in the immediate payment of all the expenses incurred, the totality of the fees provided for, as well as the totality of the internal services, without prejudice to the indemnities or damages that the Company would consider to be entitled to claim by legal means for abusive termination.
Literary and Artistic Property - The Company remains the owner of the concepts, both protectable and non-protectable, and of all the exploitation rights, including intellectual property rights, attached to its creations, whatever they may be. If an authorization of exploitation is expressly provided for in the applicable quotation, it only transfers to the Customer the right to exploit its creations within the limits of the uses mentioned in the said quotation and subject to the payment of the related remuneration. The Client shall refrain from any use or reproduction of the concepts and creations not provided for in the quote, both with respect to the Company and to any third party having participated in the creations. Original documents such as models, photographs, engravings, illustrations, etc., remain the property of their authors. The Company reserves the right to resell a study carried out at the request of the Client, unless the Client specifically requests a "black list". The Company's products and services as well as the general structure, software, texts, images, videos, sounds, drawings and models, information, documents and any other element composing its websites are the exclusive property of the Company. Any representation and/or reproduction, in whole or in part, of the Company's products and services, of its websites, or of any of the elements that make it up, by any process whatsoever, is prohibited. It is the Client's responsibility to obtain from third parties the licenses to use the computer tools necessary for the exploitation of the services provided by the Company.
Execution and production work - Graphic execution services are subject to the Professional Practices and General Conditions established by the Federation of Printing and Graphic Communication, which can be communicated to the Client upon request. In accordance with the practices, the corrections of authors will be invoiced separately to the Customer. The signature of the proof releases the Company from any responsibility for the work carried out after the said signature. The defects which could be noted on a part of work cannot motivate the total rejection. Other technical work (photographic, radio, television, etc.) will be considered accepted by the Client, as soon as the Company has obtained by all means its express agreement on the finalized project.
Confidentiality - The studies, plans, drawings, prototypes and documents concerning the proposals submitted or sent by the Company to the Client may not be communicated to third parties, except with the Company's prior and express authorization. On the other hand, the Company may always, unless otherwise specified in writing by the Client, mention its collaboration with the Client and the creations designed for the latter.
Retention of Title, Liability, Warranties - Without prejudice to the transfer of risk, the Company reserves ownership of the products until full payment of the price thereof by the Client in principal and accessories, even in the event of the granting of payment terms. The Company is responsible for the technical execution of its services or those of its subcontractors. The Company shall not be liable for the faults or failures committed by third parties imposed by the Client. The Company's liability is, in any event, limited to the amounts of work, expenses and commissions incurred by the Company in connection with the service for which it is liable. Consequently, the Client and its insurers waive their right to take action against the Company and its insurers beyond this amount. For sites and applications, during the period of the regular service verification (VSR), which lasts three months from the start of production, the Company shall proceed with the compliance with the technical specifications previously agreed upon. At the end of the VSR, the Company's interventions will be invoiced on the basis of the rates applicable at the date of the intervention.
Termination for Non-Performance - The Company may terminate the agreement with the Client by operation of law in the event of non-payment, or any other breach by the Client of its obligations, 8 working days after a formal notice has been sent by registered letter with acknowledgement of receipt, which has remained unsuccessful. In this case, the totality of the fees estimated on the accepted estimate, as well as the technical and accessory costs already incurred will be due immediately, regardless of the progress of the Company's work, without prejudice to the indemnities or damages that the Company may consider it is entitled to claim. The Client may terminate the agreement concluded with the Company in the event of the latter's non-performance of its obligations 30 working days after sending a formal notice by registered letter with acknowledgement of receipt, which has remained unsuccessful. In any event, the Company's liability may not be sought, for any reason whatsoever, beyond a period of one year from the date of delivery of the service concerned.
Termination - Any order entails the conclusion between the Company and the Client of a contract for an indefinite period of time that may be terminated at any time by registered letter with acknowledgement of receipt, subject to the observance of a notice period of at least 6 months, any subsequent order being subject to this. During the notice period, the Company's remuneration will remain due as well as the technical fees (including commission) and disbursements accepted on quotation and whose commitment cannot be cancelled in whole or in part at the date of termination. If a Client does not wish to be bound by the notice period, it shall indemnify the Company by paying to it as damages a sum representing at least six (6) months of the total remuneration received by the Company during the last twelve months or, if the period of performance is less, the actual period of performance.
Non sollicitation du personnel – Le Client s’interdit expressément de solliciter en vue d’une embauche ou d’embaucher directement ou indirectement tout membre du personnel de la Société. Le Client se porte fort du respect de cette interdiction par les autres sociétés du Groupe auquel il appartient. La présente interdiction s’applique pendant toute la durée des relations et pendant les deux ans qui suivront leur cessation, pour quelque cause que ce soit. En cas d’infraction à la présente interdiction, le Client sera tenu de payer immédiatement à la Société, à titre de clause pénale, une indemnité forfaitaire d’un montant égal à 12 mois du dernier salaire brut mensuel de la personne sollicitée ou embauchée, majorée de tous les frais de recrutement d’un remplaçant, sans que cette indemnité ne puisse être inférieure à 50.000 euros.
Jurisdiction - Any dispute between the Company and its Client will be under the exclusive jurisdiction of the Commercial Court of Paris, even in case of plurality or call for guarantee, whatever the terms of payment or the conditions of execution of services.