General terms and conditions of sale

To confirm the provision of services, the End User must return the service contract, including the GTC and the deposit invoice, duly signed and stamped within 7 days. These documents must be accompanied by the payment of the deposit. 

1.PURPOSE

These general terms and conditions (GTC) apply to Acmé's conceptualization and event organization activities. They constitute the framework for the contractual and financial commitments offered to its customers.

2. CONDITIONS OF APPLICATION 

The GTC described below detail the rights and obligations between Acmé, selling the services defined below, and the customer, purchasing one or more of the services subject to these general conditions.

The services offered by Acmé are the following:

  • BtoB and BtoC event consulting and creative design

  • Organization of physical and/or digital, internal and/or external events

All customer orders automatically imply full acceptance of these terms and conditions. They may not be modified by contrary stipulations that may appear on the customer's order or in his General Purchasing Conditions.                                                       

Any deviation from the present conditions will only be considered as accepted after prior written agreement from Acmé. By signing the order form, the customer undertakes to pay the sums due. Any modification or cancellation of the purchase order will give rise to invoicing in accordance with the cancellation terms and conditions set out in article 7 hereof.

The general terms and conditions of sale are sent to the customer at the same time as the quotation(s) in accordance with article 5.

3. PERFORMANCE BONDS

Acmé undertakes, under an obligation of means, to carry out all the services entrusted to it in accordance with the rules of the trade and the practices of the profession, subject to the proper fulfilment by the customer of his own obligations.

Acmé may use service providers and temporary workers, which the Customer expressly acknowledges, on the understanding that Acmé will remain responsible for the services provided. Acmé may also impose the terms and conditions of its partners, which must also be applied.

4. CUSTOMER'S OBLIGATIONS 

  • The Customer undertakes to check all documents submitted for his approval in good time, and to clearly formulate any remarks, observations or disagreements. It is understood between the Parties that the Customer must validate the final estimate before delivery of the service or clearly formulate his remarks in writing. The absence of a response for more than 24 hours concerning the validation of a quote less than 10 days before the event will be deemed tacit acceptance.

  • The Customer undertakes to pay the price in accordance with the terms detailed below.

  • The Customer acknowledges and accepts that he/she is fully responsible for any damage to property or personal injury caused by him/herself, his/her guests, or any person acting under his/her authority or in connection with the event organized by the Agency. The Customer undertakes to take all necessary measures to prevent such damage.

  • The Customer undertakes not to directly solicit, before, during or after the event, one or more suppliers, service providers, personnel, subcontractors or employees of Acmé. In the event of non-compliance with this undertaking, the Customer shall be liable to a penalty of 30% of the total amount excluding VAT of the service.

5. QUOTATION 

All Acmé services are subject to a detailed, personalized estimate given or sent to the customer, enabling the total cost of the service to be determined. This estimate includes the designation and type of services determined on the basis of the customer's request, as well as the related terms and rates. 

Any request by the customer to modify the order must be the subject of a quotation from Acmé. Acmé will inform the customer as soon as possible of the feasibility of the services requested and will provide the corresponding estimate - upward or downward revision of the initial estimate. 

Any modification or cancellation of the service requested by the Customer is subject to the express agreement of Acmé. In the absence of Acmé's agreement, these deletions or modifications will be automatically considered as a partial cancellation of the order as provided for in article 7 below.     

Additional services added during the course of the project will give rise to additional remuneration by Acmé. Acmé undertakes to provide the customer with a budget estimate for additional services prior to delivery of the service if said additional services are ordered at least 10 working days prior to delivery of said service.

6. FINANCIAL CONDITION, SETTLEMENT AND PAYMENT TERMS 

All orders for services will be subject to a budget estimate (quote/budget), the amount of which may vary depending on the exchange rate. 

In consideration of the services provided under these GTSC, the customer shall pay :

  • If the Purchase Order is signed 6 (six) months or more before the date of the Event:

    • Upon signature of this agreement: a deposit of 35% of the amount specified herein;

    • Halfway between the signing of this Agreement and the date of the Event specified in Article 1: a deposit of 35% of the amount of the last Purchase Order issued;

    • Fifteen (15) days prior to the date of the Event specified in article 1: the balance of the service.

  • If the Purchase Order is signed less than 6 (six) months before the date of the Event specified in article 1:

    • Upon signature of this agreement: a deposit of 70% of the amount specified herein;

    • Fifteen (15) days prior to the date of the Event specified in article 1: the balance of the service.

  • If the Purchase Order is signed less than 2 (two) weeks before the date of the Event specified in article 1:

    • Upon signature of this agreement: the balance of the service

Invoices are payable on receipt, by bank transfer or SEPA payment to Acmé's bank account, whose bank details are as follows:

  • IBAN : FR76 1020 7000 6623 2150 1528 515

  • BIC: CCBPFRPPMTG

Acmé will invoice the Customer for : 

  • Travel expenses (hotel, transport, restaurants) incurred by Acmé employees on the Customer's premises and at the event venue in the course of carrying out the assignments.

  • Courier and delivery costs, as well as any additional costs incurred in connection with the services provided, in particular the purchase of equipment and test prints. 

  • Additional costs that are not included in the fixed price of the service and that guarantee the quality and performance of the service may be added to the final invoice under "miscellaneous costs".

No dispute concerning the price of the service will be taken into consideration after signature of the order form or the latest quotation. In the event of disagreement over the amount of a payment, the Customer undertakes to pay the agreed sums on the basis of the latest quotation.

In the event of non-payment on the due date, Acmé may, after prior formal notice, claim late payment interest from the customer at the rate of three times the legal interest rate, calculated per day of delay from the due date of the debt until the date of actual payment. 

7. CANCELLATION POLICY 

Any cancellation, total or partial, of the order by the customer, except in cases of force majeure as stated in article 11 below, will be notified to Acmé by registered letter with acknowledgement of receipt.    

7.1. Total cancellation 

In case of total cancellation, the following penalties will be applied: 

  • Between the date of signature of the order form and 61 days before the event: 50% of the quoted amount

  • Between 60 and 31 days prior to the event: 70% of the estimated amount is due 

  • Between 30 days and the date of the event: 100% of the estimated amount is due 

7.2. Partial cancellation 

A partial cancellation corresponds to a reduction in the budget of more than 10% compared with the amount initially estimated and entered on the purchase order.

In case of partial cancellation, the following penalties will apply: 

  • Between the date of signature of the purchase order and 61 days before the event: 50% of the difference between the amount initially quoted in the purchase order and the amount quoted in the latest estimate.

  • Between 60 and 31 days before the event: 70% of the difference between the amount initially quoted in the purchase order and the amount quoted in the latest estimate.

  • Between 30 days and the date of the event: 100% of the difference between the amount initially quoted in the purchase order and the amount quoted in the latest estimate.

For services that cannot be rescheduled or replaced, all costs and sums incurred by Acmé will be due by right and without notice by the customer.                                                            

In the event that, for a justified reason or one beyond its control, other than a case of force majeure, Acmé finds itself unable to carry out all or part of a scheduled service, its liability will be strictly limited to the reimbursement of sums already paid by the customer, corresponding to the service not carried out. 

If, after having informed Acmé of their wish to no longer collaborate on the event, the customer carries out the event initially defined by Acmé by their own means or has it carried out by a third party, an additional penalty of 20% of the amount due will be added to the above-mentioned cancellation fees.  

8. FORCE MAJEURE

It is expressly provided that Acmé shall not be liable for damages, delays or failures in performance caused by events beyond its reasonable control, or not resulting from Acmé's fault or negligence. 

Such acts or causes include, but are not limited to, the following events: 

  • Strike 

  • Political and geopolitical risk

  • Labor dispute, social disorder, riot

  • War, attack, sabotage, threat 

  • Fire, flood, pandemic

  • Lack or delay of transportation or communication means

  • Computer or electrical equipment failure

  • Deaths

  • Pandemic 

In such cases, Acmé will make every effort to negotiate the recovery of a maximum amount of funds from the various service providers that it may have commissioned in connection with the order.

However, under no circumstances may the customer claim reimbursement from Acmé for any sums in excess of those which could have been recovered.

9. LIABILITY AND INSURANCE

Acmé cannot be held responsible for any delay or non-performance of its services due to the Client, the participants, a third party or in the event of force majeure as defined in article 7.

In the event of damage to property or personal injury caused by the Customer, his guests, or any person acting under his authority or in connection with the event organized by the Agency, the Customer undertakes to fully compensate the Agency and any third parties for the loss suffered, including repair costs, financial losses, and any legal fees.

Acmé's liability is limited to direct damages, excluding indirect damages. Indirect damages include any financial or commercial prejudice, loss of profits, loss of turnover, loss of data, loss of exploitation. In any case, Acmé's responsibility in case of direct damage will be limited to the amount of the order in question.

The Client is free to take out professional liability insurance with the company of his choice to cover any incidents (material or personnel involved) and additional insurance (assistance, contingency, cancellation, etc.) to cover any incident for which his participants or representatives are directly responsible.

10. ADVERTISING AND IMAGE RIGHTS 

For reference and advertising purposes, Acmé is authorized to reproduce or distribute all or part of the event data on its website or any other communication medium it may use; in particular:

  • Customer's company name or brand name

  • Its logo or the logo of its brand

  • Photographic and video reports 

  • Written or audio testimonials

The customer declares that he has obtained the express authorizations of the third parties included in the event data.

Furthermore, when the client uses and distributes photos, videos, written or audio extracts from the event organized by Acmé, the client undertakes to systematically indicate the words "Organization: Acmé Paris".

11. CONFIDENTIAL INFORMATION 

Acmé and the customer undertake to keep confidential all documents and information of any nature whatsoever, economic, financial, technical, etc. to which they may have had access in the course of their business relationship.

To this end, Acmé and the customer will take all necessary steps with their staff or with any companies they may use, to ensure that the said information remains confidential. In particular, they undertake to restrict its distribution to those members of their staff who will need it in the course of their duties during the business relationship.

12. INTELLECTUAL PROPERTY

The Customer undertakes to guarantee the protection of the Agency's intellectual property concerning the creative ideas, concepts and key phrases (hereinafter referred to as "the Creative Content") shared with The Prospect as part of the Project.

Creative Content remains the exclusive property of the Agency.

The Prospect undertakes not to use, reproduce, distribute or exploit in any way whatsoever the Creative Content without the prior written consent of the Agency.