GENERAL TERMS AND CONDITIONS France IMMIGRATION SARL

GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

1. Scope of application

The present general terms and conditions, in effect on 15/12/2021, apply to all orders for services placed with FRANCE IMMIGRATION SARL. For each order, the services will be described on the order form.

The present terms and conditions are expressly approved and accepted by the Client, who declares and acknowledges having perfect knowledge of them, and thus renounces the right to take advantage of any contradictory document and, in particular, the Client’s own general terms and conditions of purchase.

Any modification to the present general terms and conditions is immediately applicable to orders placed after the date of modification.

2. Financial terms and conditions

The provision of services by FRANCE IMMIGRATION is made against payment by the Client of the price appearing on the invoice in Euros, plus shipping costs and taxes in effect on the day of invoicing.

An invoice is sent to the Client at the time the order is placed. It is payable within 30 days of receipt of the invoice, unless an exceptional agreement has been reached between the Client and FRANCE IMMIGRATION.

For new clients, at the time of the first order, payment must be made at the time of the order.

Where applicable, FRANCE IMMIGRATION may invoice, upon receipt of proof, all additional and/or exceptional expenses incurred by the execution of its services (travel, couriers, translations, fiscal stamps, national and international express deliveries, etc.).

The invoiced price does not include payments to the various competent administrative departments. These costs will be borne directly by the Client upon request by FRANCE IMMIGRATION.

In the event of late payment, an indemnity calculated on the basis of three times the legal interest rate in effect as well as a fixed indemnity of €40 for collection costs will be payable in accordance with Article L 441-6 of the French Commercial Code.

FRANCE IMMIGRATION will not be obliged to provide the services requested by the Client if the latter does not pay the price under the conditions and according to the terms indicated above.

In the particular case of a client providing a purchase order (PO) : no application will be filed to the relevant authority if the client has not provided said purchase order beforehand.

 

3. Cancellation by the Client

In the event of cancellation by the Client after the order has been placed, the deposit will remain due as an irreducible contractual cancellation indemnity. In addition, the Client will remain liable for all expenses incurred by FRANCE IMMIGRATION, which may be reimbursed upon presentation of an invoice.

In the event of cancellation by the Client when the mission is underway, the partially completed work will be invoiced in proportion to the work carried out. A maximum 25% of the casefile total price (excluding VAT) will be charged if the application is complete and ready to be filed to the relevant authorities.

 

4. Responsibilities and obligations of France Immigration

FRANCE IMMIGRATION does not practise any regulated legal profession, is not a law firm and does not provide any legal advice.

In accordance with the applicable regulations and, in particular, with the provisions of Act n°71.1130 of 31st December 1971, as amended by Act n°90-1259 of 31st December 1990, FRANCE IMMIGRATION, its managers, its employees and its service providers involved in the services do not provide legal advice, draft private deeds or represent clients in court and, therefore, assume no obligation in this respect.

Legal information services provided by FRANCE IMMIGRATION are carried out within the framework of Article 66-1 of Act n°71.1130 of 31st December 1971, as amended by Act n°90-1259 of 31st December 1990, which authorizes the dissemination of legal information of a documentary nature. 

No information or data transmitted within the framework of the services provided by FRANCE IMMIGRATION or published on its website or on social networks may be quoted, considered or used as legal advice. The Client acknowledges that use of this information is the latter’s sole responsibility and that FRANCE IMMIGRATION cannot be held liable in any way.

For any need for legal advice, drafting of private deeds or legal representation, the Client is invited to contact a lawyer or any other person authorized by law to provide such services. 

FRANCE IMMIGRATION undertakes to take all reasonable care in the proper execution of the services within the framework of an obligation of means. In any case, it is expressly agreed that its liability cannot be incurred in case of force majeure, fortuitous event, act of a third party and, more generally, any event beyond its control.

 

FRANCE IMMIGRATION cannot be held liable for:

  • the malfunction, unavailability, misuse or incorrect configuration of any tools made available to the Client;  
  • the content of other sites or Internet sources accessible via hypertext links transmitted by FRANCE IMMIGRATION. FRANCE IMMIGRATION may not be held liable for any damage of any nature whatsoever resulting from the Client’s visit to these sites;
  • errors, inaccuracies, insufficiencies or omissions in the information provided by the Client when processing the enquiry or file entrusted to FRANCE IMMIGRATION or on the client profile page, if applicable;
  • the content of articles published on social networks or on the FRANCE IMMIGRATION website which are for information purposes only and which do not exempt the Client from consulting a lawyer or a professional authorized by law;
  • the unavailability, failure, for any reason whatsoever, or poor execution by French or European administrative departments, with prejudicial consequences for the Client;
  • damage suffered by the Client resulting from their failure to comply with their obligations under these general conditions or under another contract entered with FRANCE IMMIGRATION. 

The Client waives the right to hold FRANCE IMMIGRATION liable in the event of rejection of the Client’s file by the competent French and European administrative departments within the framework of the services to be performed.

As the purpose of the services offered by FRANCE IMMIGRATION is not to provide legal advice within the meaning of French law, FRANCE IMMIGRATION may not be held liable for the direct or indirect consequences of any claim, action, proceedings or administrative procedure that might be brought against the Client for non-compliance with French or European law, and may not be held liable for compensating the consequences of an administrative sanction or conviction suffered by the Client due to non-compliance with French or European law or regulations.

Financial and commercial damages such as loss of profit or orders, disruption of commercial operations, actions directed against the Client by a third party or by French or European administrative departments constitute indirect damages that do not give rise to any right of compensation.

It is contractually agreed that under no circumstances may the amount of possible damages that might be requested from FRANCE IMMIGRATION be higher than the amount invoiced by FRANCE IMMIGRATION for the service provision in question.

 

5. Responsibilities and obligations of the Client

Within the framework of the execution of the services, the Client undertakes to:

  • Provide only accurate information and guarantee the reliability of the information and documents sent to FRANCE IMMIGRATION;
  • Not falsify the documents sent by FRANCE IMMIGRATION;
  • Pay the price of the service as specified in the payment conditions;
  • Send upon request the documents requested by FRANCE IMMIGRATION;
  • Take cognisance of all notifications published on social networks and documents sent by e-mail such as newsletters and technical information files on current events related to foreigners staying  in France;
  • Respect and follow in good faith the instructions of FRANCE IMMIGRATION, in particular by ensuring that the foreigner is received in accordance with what was declared at the time of the order;
  • Remain informed of their obligations with regard to the legislation applicable to foreigners being hosted in France, either by themselves or by consulting the official guides made available to them. The Client remains solely liable for compliance with the laws applicable in the country hosting the foreign employee and those of the latter’s country of residence;
  • Inform each employee of the use and management of his or her personal data by FRANCE IMMIGRATION via the relationship platform between the Client and the Principal.

 

6. Collaboration – Data processing

In order to enable FRANCE IMMIGRATION to carry out its mission, the Client undertakes to provide, spontaneously and/or upon request, within a sufficient timeframe, all the documents and information necessary for the performance of the services.

The Client undertakes to comply with the laws and regulations in effect and to provide true, accurate, current and complete information.

If the information provided is not true, accurate, current, complete or in compliance with the laws and regulations in effect, or if FRANCE IMMIGRATION has good reason to believe that it is not, FRANCE IMMIGRATION reserves the right to cancel or interrupt any provision of services, whether or not it is in progress.

The Parties undertake, with regard to the collection or processing and communication of personal data, to comply with the French and European regulations in effect. FRANCE IMMIGRATION assures the Client that it applies a personal data processing policy that is binding on all of its personnel and ensures that its partners respect equivalent protection measures. FRANCE IMMIGRATION will transmit to the Client, upon request, its personal data protection charter.

The personal data collected and processed for the execution of the services are used exclusively for the needs of the mission and processing files entrusted by the Client. The data are processed in an appropriate and proportionate manner and are kept for a period of time appropriate to the performance of the Service and the purposes of the mission. 

In particular:

  • Persons concerned are informed of the purposes of processing their personal data, as well as the rights they have with respect to their personal data.
  • Access to personal data is strictly limited to employees and agents of France IMMIGRATION authorized to process such data by virtue of their duties and explicitly designated for this purpose.
  • The rights of persons concerned with regard to the collection and processing of their personal data (right to be informed, right of access, right to be forgotten, right to object, right of storage limitation, right to data portability, etc.) may be exercised by contacting France IMMIGRATION’s Data Protection Officer by sending an email to rgpd@mobility-compliance.com or by sending a letter to the following address: France IMMIGRATION – For the attention of the Data Protection Officer – 58 Rue Roger Salengro – 94120 FONTENAY-SOUS-BOIS, FRANCE.

 

7. Confidentiality – Commercial references

The information transmitted by the Client will be kept confidential by FRANCE IMMIGRATION, which will keep it for the time necessary to manage and process the file. It will be archived for a reasonable period of time, proportionate to needs of the mission, in accordance with regulations in effect.

Nevertheless, the Client authorizes, irrevocably and without restriction, FRANCE IMMIGRATION to cite its name and/or to represent its logo (and to indicate the service it has ordered from FRANCE IMMIGRATION) in the latter’s list of commercial references, communicated to the professional and non-professional public. Consequently, the Client waives the right to claim any remuneration or indemnity in this respect.

8. Validity of clauses

If any one provision set out in these General Terms and Conditions is considered illegal or unenforceable, the remaining provisions in these General Terms and Conditions will stay in effect.

 

9. Applicable law – Jurisdiction

All the clauses contained in these General Terms and Conditions for the provision of services, as well as all the operations for the provision of services referred to herein, will be subject to French law.

ANY DISPUTE ARISING FROM THE SERVICE PROVISION OPERATIONS REFERRED TO IN THESE GENERAL TERMS AND CONDITIONS OF SUPPLY OF SERVICES WILL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT IN PARIS, WHICH IS EXPRESSLY ACCEPTED BY THE CLIENT.1