GENERAL TERMS AND CONDITIONS OF SALE OF THE LINK’ELLES ASSOCIATION

LEGAL NOTICE

Link’Elles, a non-profit association, with its registered office at 4 rue des Arènes, 75005 Paris, represented by Debbie Jackson, in her capacity as President.

INTRODUCTORY REMARKS

It is hereby noted that LINK’ELLES is hereinafter referred to as the “Association.”

The individual, company, or any professional engaging the services of the LINK’ELLES Association is hereinafter referred to as the “Member.”

Together, the LINK’ELLES Association and the Member are hereinafter referred to as “the Parties.”

Article 1 – General Provisions

These General Terms and Conditions set forth the entirety of the Parties’ obligations. They constitute the sole basis of their business relationship,
and, as such, the Association is deemed to accept them without reservation.

These general terms and conditions and the special terms and conditions are expressly approved and accepted by the Member, who declares and acknowledges having full knowledge of them, and thereby waives to rely on any conflicting document and, in particular, on their own general terms and conditions, which shall be unenforceable against the LINK’ELLES Association, even if the latter has been made aware of them.

They apply, without restriction or reservation, to all services provided by the Association to the Member.

The Association and the Member agree that these general terms and conditions exclusively govern their relationship. The Association reserves the right to modify its general terms and conditions from time to time.

These Terms and Conditions are published on the website www.link-elles.com and/or provided to any Member who requests them, to enable the Member to place an order.

In any event, the Association reserves the right to deviate from certain provisions of these terms and conditions, based on negotiations with the Member and through the establishment of special terms.

The Association may, furthermore, establish category-specific terms and conditions of sale that deviate from these general terms and conditions of sale, depending on the type of Member in question, based on criteria that shall remain objective. Members meeting these criteria will then be subject to these category-specific terms and conditions of sale.

Article 2 – Content

The purpose of these general terms and conditions is to define the rights and obligations of the Parties in connection with the sale of association-related services offered by the Association to the Member.

Article 3 – The Service

The Member requests the provision of the service via any means of communication.

For the service to be validated, the Member must accept these general terms and conditions, as indicated in the special terms and conditions.

Upon acceptance, the Association will send a confirmation email, in accordance with the conditions described below.

Payment is generally made by bank transfer.

Any order constitutes acceptance of the prices and descriptions of the services offered.

In certain cases, particularly in the event of non-payment, an incorrect address, or another issue with the Member’s account, the Association reserves the right to suspend the service until the problem is resolved; in such cases, no compensation of any kind may be claimed from the Association, as the Member is solely responsible for the inability to provide the service.

If the service cannot be provided, the Member will be notified by email.

For any questions regarding the status of a service, the Member must call 06 45 45 14 45 (cost of a local call).

Article 4 – Membership Form

Signing the membership form and the Code of Conduct shall constitute proof of the Member’s agreement and shall render the annual membership fee due and payable.

Article 5 – Confirmation

The contractual information will be confirmed via email with the sending of a membership certificate and an invoice.

Article 6 – Proof of Transaction

The electronic records, stored in the Association’s computer systems under reasonable security conditions, shall be considered proof of communications, orders, and payments made between the Parties.

Article 7 – Payment Terms and Deadlines

Payment for the service is made by bank transfer. The Association reserves the right to suspend any service in the event of a refusal of payment authorization by officially accredited organizations or in the event of non-payment.

The order is payable according to the following schedule, either in full or in two installments (a first payment 7 days after enrollment, the second payment 6 months after enrollment). The Association reserves the right to refuse to honor a service request from a Member who has not paid the membership fee in full.

In exceptional cases, payment for the service may be made by check.

Article 8 - Cancellation

8.1 Cancellation by the Member

In the event of total or partial by the Member for any reason, any amounts already paid shall not be refunded.

8.2 Cancellation by the Association

In the event that the service covered by the contract cannot be provided, the Association undertakes, to the extent possible, to offer a service of equal quality.

Article 9 - Obligations of the Association

The Association’s commitments constitute an obligation of means, under which the services will be performed in strict compliance with standard professional practices and, where applicable, in accordance with the terms of the contract. To this end, the Association will assign to the performance of the services professionals and volunteers possessing the skills required to ensure their completion in accordance with its quality standards.

Article 10 - Obligations of the Member

To facilitate the proper performance of the services, the Member agrees: - to provide the Association with complete and accurate information and documents in a timely manner, without the Association being required to verify their completeness or accuracy; - to ensure that key contacts and the designated representative are available throughout the provision of services; - to pay the membership fee.

Article 11 - Intellectual Property

In the event that any of the Association’s recommendations or the use of materials delivered pursuant to such recommendations involves the use of property, models, drawings, photographs, etc. subject to intellectual property rights belonging to third parties, the Association shall inform the Member of the existence of such rights and the consequences of their use. It shall then be the Member’s responsibility, and under their sole liability, to take all necessary measures to enable the use of such rights, in particular by negotiating on their own behalf the rights of use under conditions such that the Association is able to rely on them for the purposes of the services.

For the specific purposes of the services, the Association may use or develop software, including spreadsheets, documents, databases, and other IT tools, which it owns.

Article 12 – Documents

The Association shall retain the original documents submitted to it and shall return them to the member upon request.

The Association shall retain copies only of those documents necessary for the creation of its working files.

Article 13 – Independence

In the event that a conflict of interest or an issue regarding independence arises during the performance of services, the Association shall immediately notify the Member and work with them to find the most appropriate solution to the situation in accordance with applicable rules.

Article 14 – Claims

All complaints, whether settled amicably or through legal proceedings, relating to the performance of services must be filed within one year of the completion of the service.

Article 15 – Language of the Contract

By express agreement between the Parties, this contract is written in French.

In the event that it is translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

Article 16 - Governing Law

These general terms and conditions are governed by French law.

Article 17 - Jurisdiction

The Parties agree to seek an amicable resolution to any dispute that may arise from the performance of the services.

If the Parties are unable to resolve the dispute amicably, any dispute concerning the application of these general terms and conditions of sale and/or the special terms and conditions, their interpretation, their performance, and the contracts entered into by the Association, or concerning payment of the price, shall be brought before the Commercial Court of Paris, regardless of the place of performance and payment and the method of payment, and even in the event of third-party claims or multiple defendants.

If the Parties are unable to resolve the dispute amicably, any dispute concerning the application of these General Terms and Conditions of Sale and/or the Special Terms and Conditions, their interpretation, their performance, and the contracts entered into by the Association, or concerning payment of the price, shall be brought before the Commercial Court of Paris, regardless of the place of performance and payment or the method of payment, and even in the event of third-party claims or multiple defendants.

Article 18 - Insurance

The Association has taken out insurance covering the consequences of its civil liability and may provide proof thereof to the Member upon request.