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General Conditions of Service

The purpose of the present General Conditions of Service is to define the conditions under which Study Experience, a limited liability company with EUR 50,000 in company capital, whose registered office is located at 66, rue Condorcet in Paris (75009), registered with the Trades and Companies Register of Paris under identification number 518 803 614 (the “Service Provider”), provides its clients, who so request by any means, various services, in particular support in their applications to foreign higher education institutions.

Any order of services implies acceptance of the present General Conditions of Service on the part of the Client.

Preliminary Article – Definitions – Rules of Interpretation

·    Definitions

Terms and expressions starting with a capital letter when used in the present Contract have the following meaning:

“Client”has the meaning ascribed to it in the Quote;
“Contract”has the meaning ascribed to it in Article 1.1;
“Quote”has the meaning ascribed to it in Article 1.1;
“Document(s)”has the meaning ascribed to it in Article 8;
“Institution(s)”refers to the higher education institution(s) to which the Client wishes to apply and for which the Service Provider offers its support under the Contract;

 

“Partner Institution(s)”has the meaning ascribed to it in Article 3.3.1;
“Non-Partner Institution(s)”has the meaning ascribed to it in Article 3.3.2;
“Offer(s)”refers to the Service(s) offered by the Service Provider;
“Party/Parties”refers to the Client and the Service Provider;
“Service Provider”has the meaning ascribed to it in the opening statement;
“Service(s)”has the meaning ascribed to it in Article 1.1; and
“Third Party”refers to any natural or legal person or any other entity that is not a Party to the present Contract.

 

0.2. Rules of Interpretation

The rules outlined below apply to the interpretation of the present Contract:

  • the titles of articles and appendices are included for convenience and in no way affect the interpretation of any of the provisions of the present Contract whatsoever;
  • use of the expressions “including”, “in particular” or “especially” implies that the list following them is not exhaustive or restrictive;
  • the term “or” is not exclusive;
  • the definition assigned to a singular term also applies to this term when it is used in the plural and vice versa. The same applies concerning the use of masculine and feminine genders;
  • the calculation of time limits expressed in days, months or years must be made pursuant to the provisions of Articles 640 to 642 of the Code of Civil Procedure;
  • any reference to a Party includes a reference to his/her heirs, successors and beneficiaries; and
  • any reference to a document is understood to refer to this document as it may be modified or replaced (other than in violation of the provisions of the present Contract).

Article 1 – Contractual Documents – Declarations and Guarantees

1.1.         Contractual Documents

The contractual documents are:

  • the quote drawn up by the Service Provider (the “Quote”) concerning the provision of various services (the “Service(s)”);
  • the present General Conditions of Service.

All of the aforementioned documents together constitute the contract binding the Parties (the “Contract”).

In the event of contradiction between one or more stipulations appearing in one of the aforementioned documents, the higher level document shall prevail.

1.2.         Declarations and Guarantees

The Client additionally declares and guarantees to the Service Provider the following:

  • that entering into the Contract does not constitute a violation of (i) any contractual obligation whatsoever, or of any law or regulation that may be applicable to him/her, (ii) of the decision of a court or arbitration tribunal (that may have been served on him/her or of which he/she has been notified prior to the date of the present contract), or (iii) of the decision of an administrative, legal or regulatory authority (that may have been served on him/her or of which he/she has been notified prior to the date of the present contract);
  • that the purpose, content and nature of the Services requested from the Service Provider are not liable to undermine public order or public decency, to provoke protests from Third Parties, or to contravene the legal provisions in force; and
  • that entering into the Contract constitutes a valid and enforceable obligation in his/her regard. In the event that the Client is a minor, the unreserved acceptance of the Contract by his/her legal representative shall be required.

If an event were to have direct or indirect consequences for the aforementioned declarations and guarantees, the Client undertakes to inform the Service Provider of this without delay and by any means. This information must be confirmed by the Client by registered letter with acknowledgement of receipt addressed to the Service Provider.

Article 2 – Acceptance

2.1.         Acceptance Procedures

The Contract is only entered into after the Quote is signed by the Client, mentioning in particular:

  • the definition and description of the Services to be provided, including the Offer accepted by the Client;
  • the start date for the Services;
  • the financial conditions (price, currency, payment conditions); and
  • the billing address.

2.2.          Modification of Services

Any modifications to the Services requested by the Client will only be taken into account, within the limit of the Service Provider’s abilities, if they are requested by email confirmed by registered letter with acknowledgement of receipt, within a maximum period of seven (7) calendar days from when the Quote is signed, after the Client has signed a specific quote and following any adjustments in price. After this period, no request for modifications may be made to the Service Provider.

The Client may, however, modify at any time the Offer accepted, only if it is a matter of changing to an Offer higher than the Offer initially accepted and provided that its financial conditions are strictly adhered to.

The Client unreservedly accepts the Service Provider’s ability to change, at any time and without notice, the service provider or technical service provider whose role is to provide the Services, regardless of whether a specific provider is indicated in the Quote.

Article 3 – Purpose of the Services

3.1.          Support

Regardless of the Offer taken out, the Service Provider provides support in choosing the Institution(s) to which the Client wishes to apply.

The purpose of the Service Provider’s support is to:

  • inform the Client concerning the enrolment procedures for the Institutions; and
  • optimise his/her enrolment applications.

The support is not intended to advise the Client regarding his/her course and/or the choice of programme. Consequently, the Client alone must choose the programmes; he/she freely determines the Institution(s) to which he/she intends to apply.

Any information provided by the Service Provider concerning the living, accommodation and/or financial conditions of the country in which the Institutions are located is not contractual and the Service Provider cannot be held liable for it. The Client is required to consider this information as purely indicative.

The Client is solely responsible for ensuring that he/she meets all the legal requirements of the national law of the countries in which the Institutions are located. Any visa or other applications must be made by the Client directly to the relevant authorities. The Service Provider does not provide support to the Client for these procedures.

 

3.2.          Translation

3.2.1.     Procedures

In accordance with the stipulations of the Quote, the Service Provider provides a translation service carried out by translators who are sub-contractors of the Service Provider.

The Client is informed that by submitting his/her documents to the Service Provider for translation, they will be forwarded to any Third Parties who are sub-contractors of the Service Provider. Consequently, the Client authorises the Service Provider to forward these documents for the purposes of the Contract, pursuant to Article 9.

The Service Provider only provides translations of the following documents: the Client’s academic transcripts and diplomas, or any other documents requested by an Institution within the context of an enrolment exclusively, and only after the express acceptance of the Service Provider. The Service Provider, however, does not provide translations of identity documents (passports, identity cards, etc.), driving licences or any other identity documents.

The documents forwarded by the Client for translation must be authentic and not falsified. Where necessary, the Service Provider declines all responsibility.

3.2.2.     Effectiveness

The Service Provider makes no commitment that the translations provided will comply with the requirements of the Institutions. It is the Client’s responsibility to ensure that the translation certification provided by the Service Provider is indeed accepted by the Institution for which he/she is having the translations done, and that the aforementioned Institution does not impose other specific requirements.

In the event that the translation does not comply with the requirements of the Institution concerned, the Client exposes him/herself:

  • to the risk of the outright rejection of his/her enrolment application to the Institution; or
  • to the need to request a new translation, for which he/she alone must take responsibility.

The Service Provider shall not be liable for the aforementioned consequences. The Client alone assumes responsibility for his/her decision to use the Service Provider’s translation service.

 

3.3.          Submission of the Application

3.3.1.      Partner Institution

The Service Provider has entered into partnerships with Institutions in order to facilitate support of the Client in the application procedures (the “Partner Institution(s)”).

The Client is informed that these Partner Institutions pay the Service Provider in the event of a Client’s enrolment application. The Client may not claim from the Service Provider a share of the aforementioned payment forwarded by the Partner Institutions, or reproach the Service Provider, on any grounds whatsoever, for the remuneration from these partnerships. In any event, the Service Provider endeavours to provide the same quality of service, regardless of the existence of partnerships or not, with the exception of the forwarding of applications reserved for the Partner Institutions alone.

When the Client applies to a Partner Institution, the Service Provider sees to the forwarding of his/her enrolment application to the aforementioned Institution. To this end, the Service Provider provides the Client with the list of documents to be attached to the enrolment application.

The Client is required to provide the Service Provider with all the information requested by the latter. This information must be correct, up-to-date and provided in the format requested by the Service Provider and within the deadline indicated by the latter. The Service Provider shall not be required to remind the Client to adhere to the deadline, or to remind him/her to provide the documents, and it shall not be held liable by the Client in the event that the deadline is exceeded.

The forwarding of the Client’s enrolment application by the Service Provider to a Partner Institution in no way guarantees the acceptance of the Client’s application by the Institution concerned.

3.3.2.      Non-Partner Institution

When the Client applies to an Institution not having entered into a partnership with the Service Provider (“Non-Partner Institution(s)”), the Service Provider does not see to the forwarding of his/her enrolment application to this Institution.

The Client is, in any event, informed that the submission of applications to Institutions is subject to strict deadline conditions. In the event that the aforementioned deadlines are exceeded, his/her applications may not be assessed by the Institutions concerned and the Client may then not hold the Service Provider liable.

The Client must therefore take all precautions in order to adhere to the constraints imposed by the Institutions. The Service Provider shall not be required to remind him/her to adhere to the deadlines, or to remind him/her to send his/her enrolment application, and in no way guarantees the acceptance of the Client’s application by the Institution concerned.

Article 4 – Communication from the Client

The Client undertakes, throughout the duration of the Contract, to submit to the Service Provider, upon the simple request of the latter, all of the data and information necessary for the correct performance of the Services.

Additionally, the Client undertakes to notify the Service Provider without delay concerning any event or important information that may have an impact on the Services. Consequently, the Client undertakes in particular to notify the Service Provider as soon as possible of any changes to information received from the Institutions (partners or otherwise). The Service Provider shall in no event be liable for the consequences of the Client’s failure to bring this information to its attention.

The Client is required to provide a valid email address to the Service Provider. All messages sent by the Service Provider to this email address are deemed to have been received and read by the Client. The Client undertakes to check his/her email address regularly and to respond to all requests from the Service Provider as soon as possible.

Article 5 – Terms and Conditions for the Performance of the Services

5.1.         Timeframe for the Performance of the Services

The Services will be provided within the timeframes and on the dates indicated in the Quote. The timeframes and dates indicated in the Quote are indicative and are not binding.

The Service Provider may in no case be held liable in the event of, amongst other things, lateness or the suspension of the provision of the Services attributable in whole or in part to the Client, or in the event of force majeure.

5.2.         Location for the Performance of the Services

Unless expressly stipulated in the Quote, the Service Provider shall not be obliged to carry out any travel for the performance of the Services.

In the event that a meeting with the Client becomes necessary for the performance of the Services, this will take place at the location appointed by the Service Provider. The Client must travel to the aforementioned location by his/her own means and under his/her own full responsibility.

 

Article 6 – Financial Conditions

6.1.          Prices

The Services are provided at the prices indicated in the Quote.

Prices include all taxes.

6.2.         Payment Terms and Conditions

The price is payable, unless otherwise stipulated in the Quote, in full and in a single payment, within thirty (30) calendar days from the date of issue of the invoice, which is issued upon signature of the Quote, by the following means: by credit/debit card, bank transfer or cheque.

No discount will be given by the Service Provider for payment before the date appearing on the invoice, or within a period shorter than that mentioned in the Quote.

6.3.         Payment Issues

Without prejudice to potential damages and interest, failure by the Client to pay an amount by its due date shall automatically result in:

  • the application of interest for late payment equal to five (5) percent of the amount excluding taxes concerned by the payment issue, per calendar day of lateness, without prior formal notice and from the first day of lateness, plus additional bank and management fees; and
  • immediate payment of all amounts owed to the Service Provider by the Client, without prejudice to any other action that the Service Provider may take against the Client in this respect.

In the event of non-compliance with the above payment conditions, the Service Provider also reserves the right to suspend or cancel the provision of the Services ordered by the Client, to reduce and/or cancel any discounts granted to the latter, and also to refuse any future order for new Services by the Client.

6.3.         No Compensation

Except with the express, prior and written agreement of the Service Provider, and provided that the reciprocal claims and debts are certain, liquid and payable, no compensation may validly be made by the Client between any penalties for lateness in the provision of the ordered Services or non-compliance, on the one hand, and the amounts owed by the Client to the Service Provider in respect of the order of the aforementioned Services, on the other hand.

Article 7 – Liability

7.1.         Purpose of the Services

The Service Provider shall not be bound, within the context of the performance of the Services, by any obligation of result. Consequently, the Service Provider cannot guarantee, in particular, to the Client the effectiveness of its advice, the admission, success and/or adaptation of the latter at the selected Institutions.

The Service Provider’s working methods are freely determined by the latter and are not subject to any dispute on any grounds or for any reason whatsoever by the Client or by any Third Party.

Furthermore, the Service Provider cannot guarantee the completeness or effectiveness of its advice and recommendations.

Consequently, the Client shall assume full responsibility for the direct or indirect consequences of the application of the Service Provider’s advice and recommendations that are not directly related to the Services, without being able to hold the latter liable on any grounds whatsoever.

7.2.         Information and Data Provided

The Client undertakes to ensure that the information and data communicated are not liable to undermine public order or public decency, to provoke protests from Third Parties, or to contravene the legal provisions in force.

Consequently, it is expressly agreed that in the event that proceedings should be brought against the Service Provider, for any reason whatsoever, in any country whatsoever, by a Third Party on the basis, in particular, of an industrial and/or intellectual property right pertaining to an element provided by the Client, the Client undertakes to fully cover the Service Provider from the direct and/or indirect economic and financial consequences (including the costs of proceedings and defence) which may arise from these claims.

The Service Provider shall in no event be responsible for the corruption, inaccuracy, partial or total falsity of the information provided by the Client within the context of the performance of the Services.

The Client must ensure that the information and data are sent to the Service Provider and may not reproach the latter on any grounds or for any reason whatsoever for the non-receipt or loss of the forwarded data. The Client will therefore keep a backup of the forwarded data.

7.3.         General Provisions

The Service Provider shall not be liable for any delay or non-performance of the present Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.

The Service Provider shall not under any circumstances be liable for the indirect or unforeseen loss or damages of the Client or Third Parties, which in particular include any lost earnings, lost business, loss of turnover or profits, loss of customers or loss of opportunity for any reason or on any grounds whatsoever.

Article 8 – Intellectual Property

The Service Provider remains the owner of all intellectual and industrial property rights relating to all documents, in particular studies, drawings, models or presentation media, without this list being exhaustive (the “Document(s)”), communicated by any means and/or produced in whole or in part by the Service Provider, including when this production is carried out at the request and pursuant to the guidelines and directives of the Client. The Client shall therefore refrain from any reproduction or use of the aforementioned Documents, without the express prior written authorisation of the Service Provider, who may make it conditional upon financial compensation.

Article 9 – Personal Data

Pursuant to the provisions of Law n° 78-17 of 6 January 1978 pertaining to data processing, files and freedoms, the Service Provider has declared its client file to the CNIL.

Pursuant to the provisions of the aforementioned law, the Client has the right to access the data concerning him/her, as well as the right to modify, correct and delete them. To exercise this right, the client may contact the Service Provider at the following address: 66, rue Condorcet in Paris (75009) or at the following email address: [email protected] The Client’s request will be processed within thirty (30) days.

The personal data relating to the Client collected by the Service Provider throughout the performance of the Services are intended solely for the purposes of the performance of the Services and may be forwarded to any Third Party for the purposes of the Contract, for example to any sub-contractors or Institutions.

The Client’s data will also be used to strengthen and personalise communication with the latter, in particular through newsletters to which the Client may have subscribed. The Client may at any time request that the Service Provider unsubscribe him/her from any newsletter.

The Service Provider keeps the Client’s personal data on its own servers and undertakes to keep these data strictly confidential. These data will be kept for a period of two (2) years from the expiry of the present contract for any reason whatsoever. They will subsequently only be kept as an archive for the purpose of establishing proof of a right or contract that may be archived pursuant to the provisions of the Commercial Code relating to the retention period of records and documents created during the course of business activities.

 

Article 10 – Duration – Termination

10.1.       Duration

The Contract is entered into for the entire duration of the Services, it being specified that the Services will only be performed for the application periods specified in the Quote. Consequently, in the event that the Client abandons or defers his/her project, the Service Provider shall not be required to make any reimbursement whatsoever or to provide the Services.

10.2.       Wrongful Termination

In the event of failure by one of the Parties to perform its contractual obligations, the Contract may be terminated by operation of law by the other Party fifteen (15) days after sending a letter of formal notice, sent by registered letter with acknowledgement of receipt, which has remained without effect. The formal notice shall indicate the non-performance(s) noted.

Article 11 – Various Provisions

11.1.       Severability

If any one of the provisions of the Contract should prove to be null and void or unenforceable, for any reason whatsoever, by a relevant jurisdiction, the validity of the other provisions of the Contract shall in no way be affected or compromised, and the Parties shall negotiate in good faith in order to replace the disputed provision by a provision having the same economic effects as the initial provision.

11.2.       Sub-Contracting

The Parties agree that the Service Provider may, within the context of the performance of the Contract, call upon any sub-contractor of its choosing and without prior notification to the Client.

11.3.       Agreement as to Proof

The computer systems and files are deemed authentic in the relationship between the Service Provider and the Client.

Thus, the Service Provider may validly produce, within the context of any legal proceedings, for the purposes of proof, the data, files, programmes, recordings or other elements, received, issued or stored by means of the computer systems operated by the Service Provider, on any digital or analogue media, and rely on them except in the case of obvious error.

11.4.       Non-Exclusivity

The Contract is in no way exclusive and does not prevent the Service Provider from entering into any other contract or agreement with other natural persons, including any direct or indirect competitor of the Client, having as their purpose services similar to those provided for in the present Contract and according to conditions that it shall be free to determine.

 

Article 12 – Applicable Law – Language

By express agreement between the Parties, the Contract shall be governed by French law.

Documents are drawn up in the French language. In the event that they are translated into one or more languages, the French text alone shall be deemed authentic in the event of disputes.

Article 13 – Client Acceptance

The present General Conditions of Service as well as the Quote are expressly approved and accepted by the Client, who declares and acknowledges that he/she is fully aware of them and thereby waives the right to rely upon any contradictory document and, in particular, upon his/her own general conditions of purchase, which shall be unenforceable against the Service Provider, even if the latter was aware of them.

Article 14 – Disputes

Any disputes arising from the interpretation, performance, non-performance or consequences of the Contract shall, in the event that the dispute is brought before the civil courts, be submitted to the Commercial Court of Paris.

 

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