Preamble:
In confirming the order by e-mail and in writing, the customer acknowledges having read the conditions of sale described below, and having accepted them in full and without reservation.
These general conditions of sale are available on the website www.SOSfichier.com, where they can be viewed at any time.

Article 1: Identity of the seller:
The following conditions of sale are published by H-Consultants, publishers of SOS "fichiers" (mailing lists) and SOS-email, a French limited liability company (SARL) with capital of €80,000, registered in the Trade and Companies Registry (RCS) of Nanterre under number B 383924065, whose head office is at 6, Boulevard Général Leclerc, 92115 Clichy, France, Tel: +33 1 47 30 83 00, Fax: +33 1 42 70 08 52, www.SOSfichier.com.

Article 2: Purpose:
This document defines the conditions of sale or lease of some or all of the lists contained in the databases belonging to H-Consultants, of any service connected with direct marketing operations (telemarketing, mailing, mass-mailing, etc.) and all information technology services associated with the sale or lease of lists.

Article 3: Term of the contract:
3.1. The customer acknowledges having had, prior to the acceptance of his/her order, the possibility of checking the details and price, and correcting any errors.
3.2. These general conditions shall take effect from the date on which H-Consultants confirms receipt of the customer's order by e-mail, fax or letter.
3.3. These general conditions shall remain in force throughout the period of time necessary for performing the services described herein.

Article 4: Language of the contract:
The language used for this contract is French. This English translation is provided solely for convenience and is not contractual.

Article 5: Processing of orders:
The services are performed and the lists published after H-Consultants has confirmed receipt of the customer's order.

Article 6: Intellectual property:
6.1. The product or service leased or sold by H-Consultants remains the exclusive property of the latter.
6.2. It is protected by the applicable regulations on patents and copyright.
6.3. In the case of commercialisation of a list belonging to a third-party company, the conditions specific to that third company shall apply and H-Consultants will act only as an intermediary.
6.4. Accordingly, the customer does not have any intellectual property rights on the lists leased or sold by H-Consultants.

Article 7: Lease - Purchase:
7.1 "Lease" or "rental" means the provision of a list for one-time use (right of use), for the conduct of the customer's own campaigns.
7.2. "Multiple-use lease" or "Multiple-use rental" means the provision of a list for a specified number of multiple uses (right of use), without transfer of ownership, for the conduct of the customer's own campaigns.
7.3. "Purchase" means the provision of a list for multiple use, without transfer of ownership, for the conduct of the customer's own campaigns.

Article 8: Use of the lists by the customer:
8.1. The customer expressly agrees only to use the information supplied by H-Consultants for his/her personal use.
8.2. No reproduction, even partial, on any medium of any kind, is permitted, unless expressly authorised.
8.3. The customer is expressly not permitted to transfer, transmit or communicate the information contained in the lists provided by H-Consultants to a third party, including a subsidiary or parent company, in any form whatsoever, even free of charge.

Article 9: Responsibility of H-Consultants:
9.1. H-Consultants or its service providers agree to take all necessary care and diligence for the performance of the provisions for which it is responsible under this contract.
9.2. H-Consultants agrees to carry out its contractual obligations according to standard practice, professional guidelines, the regulations in force, the specific conditions of this contract, and the demands expressed by the customer.
9.3. It is the customer's responsibility to provide proof of any failure by H-Consultants in the performance of its obligations, H-Consultants being bound only by an obligation of means.
9.4. The customer must notify H-Consultants, by registered letter with recorded delivery, within 10 days of the delivery of the work or lists, of any defects and/or errors on which the customer intends to base a claim.
9.5. Following the proper sending of this formal notice in accordance with the above conditions, H-Consultants will do its utmost to remedy or correct the errors if any are found and it may perform the said work again at its own expense, although these expenses shall not exceed the invoiced amount, and in any case the maximum sum of 5,000 Euros including taxes.
9.6 In the case of leased lists, or the enrichment or purchase of lists, H-Consultants' responsibility is limited to the supply of replacement addresses. It is only liable beyond the following error rates, unless otherwise stipulated on the estimate: mailshots, 5% rate of "no longer living at this address"; telemarketing, 15% of wrong telephone numbers; e-mail or SMS, 20% of wrong e-mail or SMS addresses; across all the information supplied and in particular names, selection criteria etc., 40%.
Taking all errors together, a total error rate of 10% to 40% may be present, depending on the lists.
9.7. H-Consultant's total civil liability including physical and material damage and consequential loss or other damages, is limited to the amount of fees paid for the relevant services or, in the case of an annual contract, to an amount equal to the offending services in the previous 3 months, excluding supplies and materials and in any case, to the maximum amount of 5,000 Euros including taxes.
9.8. H-Consultants will not be liable as a result of the use of the list made by the customer.
9.9. H-Consultants is not under any circumstances responsible for consequential damages such as the absence or low rate of response or commercial problems.
Any action brought against the customer by a third party constitutes consequential damages and is therefore not liable for compensation.
9.10. H-Consultants is not obliged to indemnify the customer for the destruction of his/her data and lists; it is the customer's responsibility to have these backed up.

Article 10: Guarantee exclusion for specific operations:
In the case of a telemarketing campaign, H-Consultants does not provide any guarantee, of any kind whatsoever, concerning the information collected. As this information is collected by telephone, H-Consultants is not in a position to certify its quality or reality, and cannot be held liable for it.

Article 11: Force majeure - Suspension of obligations:
11.1. H-Consultants is exonerated of all liability if the non-execution or defective execution of the contract is due to:
- Either the customer,
- Or an unforeseeable and insurmountable act of a third party outside the supply of the provisions stipulated in the contract,
- Or a case of force majeure, which refers to any external event that the parties could not reasonably foresee, avoid and overcome.
11.2. H-Consultants shall inform the customer of the occurrence and the cessation of such an event by any means of communication that enables the exact date of receipt of the notification to be determined, within 10 days from H-Consultants becoming aware of the occurrence or the cessation of the event.
11.3. If it is temporarily impossible to execute this contract, by virtue of an event of force majeure, its execution will be suspended.
11.4. If the suspension exceeds a period of 90 consecutive days, either party may elect to terminate the contract.

Article 12: Loss of documents attributable to H-Consultants:
If the documents or lists entrusted to H-Consultants or any of its service providers are lost or rendered unusable through their fault, H-Consultants undertakes to reconstitute the said documents and lists at its own expense, provided that the customer supplies it with the documents necessary for the reconstitution.

Article 13: Transfer:
13.1. This contract may not be transferred.
13.2. Likewise, the customer is not allowed to transfer, even partially, the lists that are the subject of this contract.

Article14: Customer's obligations:
14.1. The customer must ensure that he/she has all the necessary legal and administrative authorisations pertaining to the lists.
14.2. The customer declares that, within the framework of this contract, he/she respects all the provisions of the French data protection act (Loi Informatique et libertés No. 2004-801 dated 6 August 2004), and the laws relating to sending e-mails and especially that in all e-mails, he/she will include an address allowing the option of unsubscribing. This address may belong to H-Consultants or its service providers, in which case this will be indicated on delivery of the list. If H-Consultants does not supply the unsubscribe address and if requests to unsubscribe are sent directly to the customer, the latter agrees to send, within a maximum of fifteen days following the sending of the e-mail, a list in text or excel format containing all the requests to unsubscribe of which it has been informed.
14.3. The customer confirms that it has available all the necessary expertise to measure the quality of the list and its suitability for the use it wishes to make thereof.

Article 15: Customer's liability:
15.1. The customer is fully liable for the uses made of the lists and for the messages sent.
15.2. The customer will not make any use or send any messages contrary to standards of decency, or the provisions of current laws, or that are not for an economic or informational purpose.

Article 16: Terms of payment:
16.1. The prices shown on our estimates are valid for one month from the date of the estimate.
16.2. The order total accepted by the customer is payable in cash on sending the order.
The right to use the lists is linked to full payment of the invoice.
16.3. Payments must be made exclusively by the customer to H-Consultants in Euros, by bank cheque, postal order or bank transfer. Instalments or promissory notes are not accepted, unless explicitly stated otherwise on our estimates and invoices.

Article 17: Deadlines for the availability of the lists:
17.1. The lists are generally made available to the customer at the offices of H-Consultants or sent by e-mail to the address notified by the customer and/or to the router within 10 business days for paper and label formats and for electronic media from receipt of the order and/or settlement.
17.2. The times for provision of the services linked to logistics and direct marketing operations and other services are specified at the time the estimate is drafted.
17.3. All times are given for information purposes and H-Consultants cannot be held liable in the event of any delay.

Article 18: Sending of the lists:
18.1. At the customer's request, the lists and all services are sent by post at the standard rate, and by e-mail.
18.2. The delivery time is additional to the above-stated times.
18.3. The products are sent at the recipients' risks and perils.
18.4. H-Consultants cannot be held liable in the event of any failure by the postal services.

Article 19: Right of mention:
Unless expressly stated otherwise by the customer, H-Consultants has the right to mention it in its commercial references.

Article 20: Non-performance clause:
20.1. The order concerned and any orders in-process shall automatically be terminated in the event of failure to pay part or all of the price or the customer's failure to execute any of his/her essential obligations within 10 days following the date of the presentation of a registered letter with recorded delivery stating the failure to execute and which is valid as a formal notice to remedy within that period.
20.2. Any deposits paid against the order price shall in that case remain payable to H-Consultants.

Article 21: Jurisdiction:
In the event of any dispute concerning the interpretation, validity, or execution of this contract that cannot be settled amicably by the parties, jurisdiction is expressly given to the Tribunal de Commerce (Commercial Court) of Nanterre (92), France.