Any order from the customer or provision of a service by Geomines (hereinafter referred to as “the service provider”), implies the unreserved acceptance of these general terms and conditions by the customer, who declares that he or she is fully aware of them and therefore waives the right to use any other document.
Customer means the legal or natural person who is the holder of the Contract concluded with Geomines.
Order means the Services described in the Order Form.
General Terms and Conditions means the present document.
Contract means the contractual whole consisting of, in decreasing order of priority, the Fee Agreement and these General Terms and Conditions.
Fee Agreement means the document summarizing all the information required for the provision of Geomines services.
Deliverables means all the documents handed over by Geomines to the Customer at the Meeting in accordance with the Fee Agreement.
Party refers individually to Geomines or the Customer.
Parties means collectively Geomines and the Customer.
Kick-off Meeting means the first meeting between Geomines and the Customer in connection with the execution of the Service. Restitution Meeting means the last meeting between Geomines and the Customer in connection with the execution of the Service. It is during this meeting that the Deliverables are handed over.
Geomines means Geomines, a simplified joint stock company with a capital of 40,000 euros, registered with the Toulon Trade and Companies Registry under number 432 575 991 and whose registered office is located at 152, rue des Technologies 83140 Six-Fours-les-Plages.
Service(s) means any consulting service provided under the Contract by Geomines.
ARTICLE 2 – PURPOSE
The purpose of these General Terms and Conditions of Geomines is to define the terms and conditions under which the Customer may subscribe to the Company’s Services.
ARTICLE 3 – OFFER VALIDITY
The Provider’s offer is valid for 90 days from the date of issue, unless otherwise agreed.
ARTICLE 4 – CONFIDENTIALITY
As part of the Contract, the Parties may be required to exchange confidential information. The term “confidential information” refers to any technical information or data, any secret or industrial know-how, including in particular research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technologies, designs, drawings, studies, material configuration information, marketing information or other commercial information.
However, are not considered confidential information :
The Parties undertake, during the performance of the Contract and for a period of three (3) years from the termination of the Contract, to use the confidential information only in the performance of the Contract and not to disclose the confidential information to any third party or any person other than their employees within the strict limits of the necessity of the said disclosure for the proper performance of the Contract, except with the prior written authorisation of the other Party.
ARTICLE 5 – NEW DEVELOPMENTS
Clean-up services are by their nature subject to adjustments due to their unpredictable nature, in particular with regard to quantities and lead times. In the event of the occurrence of any new technical event such as those related to the nature of the soil, the discovery of “new” objects, materials or materials not previously identified, a non-conformity of materials or an increase in the number of objects to be treated, the consequences of this on the execution of the service in financial terms and deadlines will have to be determined or reviewed between the parties. No penalty may be applied in this case and the parties undertake to enter into negotiations in good faith.
ARTICLE 6 – PAYMENT TERMS
The terms of payment are 30 days end of month invoice date under the following terms of payment:
ARTICLE 7 – CLIENT DUTIES
The customer shall provide Geomines with all the structural plans, ground plans and all updated documents necessary for the execution of the works. In the event of damage to networks not indicated on the plans in Geomines’ possession, the latter will be relieved of all responsibility. It is reminded that the customer must send the service provider, as soon as the order is placed, the network plans obtained from the operators. Failing transmission, no network will be deemed to exist on the site and the customer will guarantee the service provider against any claim in this respect.
ARTICLE 8 – INDUSTRIAL RESULTS GARANTEE
Any guarantees expected in terms of industrial or economic results will be the subject of an express agreement between the parties, it being understood that Geomines is in any event bound by an obligation of means, unless otherwise expressly accepted by it. In the event of failure to achieve the objectives within the set deadlines, Geomines shall use its best efforts to continue providing the services, the conditions of which shall be determined by mutual agreement and subject to the application of the above clause on new facts.
ARTICLE 9 – LIABILITY
The customer shall alone bear responsibility for any damage resulting from a lack of information, an error or omission in the transmission thereof. The possible liability of the service provider will in any case be limited to an amount not exceeding the total sum actually paid by the client, for the services provided and is expressly excluded for immaterial and/or indirect damages such as loss of profit, loss of profit or production. The client waives all recourse against the provider and/or its insurers for such damages and guarantees to have its own insurers waive all recourse in the same terms and limits.
ARTICLE 10 – TERMINATION
The contract will be terminated in the event of serious and/or repeated failure by either party to meet its obligations, 15 (fifteen) days after the formal notices sent in LR.AR have remained without effect. In the event of the occurrence of an event that disrupts the general economy of the contract, of an economic, technical or regulatory nature, the contract may be terminated if no mutually agreed solution allows its continuation.
ARTICLE 11 – PERSONAL DATA PROTECTION
11.1. Geomines undertakes within the framework of its activities and in accordance with the legislation in force in France – Law No. 78-017 of 6 January 1978 relating to data processing, data files and liberties – and in Europe – EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of data (RGPD) – to ensure the protection, confidentiality and security of the personal data of persons benefiting from the services and/or products of Geomines, and to respect their privacy.
11.2. Geomines undertakes to put in place all necessary procedures to ensure the confidentiality of personal data collected directly or indirectly and to take all necessary measures to ensure that it and its staff comply with these obligations and in particular to :
11.3. Geomines undertakes to take all useful precautions in view of the nature of the data and the risks presented by the processing, to preserve the security of the data in the files and in particular to prevent any distortion, damage, loss or access by unauthorised third parties at any time.
11.4. Geomines undertakes to :
11.5. Persons whose personal data are collected shall be given a :
However, data subjects are informed that the personal data collected are, where necessary, necessary for the performance of the services provided by Geomines, so that if they exercise their right to have the data deleted, or if they oppose or limit the processing before the end of the contractual relationship, the services cannot be performed correctly.
These rights may be exercised by sending an email to firstname.lastname@example.org or by post to Geomines, for the attention of the DPO, 152, rue des Technologies 83140 Six-Fours-les-Plages.
Geomines undertakes to reply to the person who has made use of the above-mentioned rights within one (1) month from receipt of the request.
11.6. Within the framework of its contractual relationship, Geomines uses personal data for one or more of the following purposes:
As part of its contractual relationship, the customer authorises Geomines in its capacity as data controller to use subcontractors to carry out personal data processing activities on behalf of its customer, strictly necessary for the performance of the services defined herein.
ARTICLE 12 – REFERENCING
Unless Geomines is notified to the contrary when signing the Contract, Geomines may use the Customer’s trade name, logos and/or distinctive signs, trademark, service marks and other commercial designations as a reference in its communication media.
ARTICLE 13– APPLICABLE LAW AND JURISDICTION
The Contract is subject to French law. Any difficulties relating to the validity, application or interpretation of the Contract shall be submitted, in the absence of an amicable agreement, to the courts within the jurisdiction of the Court of Appeal of Toulon.