Terms & Condition

DEFINITIONS

Database(s): A database that is either owned by FinanceHub or marketed by FinanceHub under license, accessible online on a FinanceHub website (such as www.finance-hub.net) and/or via DVD-ROM in accordance with the modalities and within the scope of the options subscribed by the Customer.

Order(s): Refers either to (i) the paper order form published by FinanceHub and signed by the Customer for the purpose of subscribing to one of the services—indicating the type, price, and modalities of the services and options subscribed by the Customer—or (ii) in the case of an online order, the email summarizing the ordered services that FinanceHub sends to the email address provided by the Customer at the time of the online ordering process.

Customer: Any business customer who has subscribed to one of the services offered by FinanceHub.

Online Order(s): The online subscription to the services via a website, as summarized in an online order.

Special Terms and Conditions: Specific special sales conditions that apply respectively to the services offered by FinanceHub “Prospecting,” “Visibility,” and “Direct Marketing.”

Direct Marketing: All services offered by FinanceHub that (i) provide files containing information about companies for the purpose of email or direct mailing campaigns and/or (ii) enhance such files (e.g. by adding the SIRET number) and/or (iii) provide technical services for the sending of mail or emails and/or (iv) involve the creation of advertising content or consultancy regarding such content as part of the Customer’s email or direct mailing campaigns.

Service(s): All services offered by FinanceHub under various names and brands that are related to the “Prospecting,” “Visibility,” and/or “Direct Marketing” services.

Prospecting: All services that enable the Customer to access, query, export, and/or extract data about companies from a FinanceHub database for the purpose of customer acquisition, in accordance with the modalities and within the scope of the options subscribed by the Customer.

Website(s): FinanceHub website(s) that provide online access to the database and the services offered by FinanceHub.

Subscription(s): Depending on the case, refers either to (i) the signing of the order form by the Customer for ordering a service or (ii) an online order.

Visibility: All services offered by FinanceHub that (i) relate to the sale of advertising space on the entire FinanceHub website (for example, www.finance-hub.net and/or within the FinanceHub partner network) and/or (ii) provide technical services to optimize the visibility of the Customer’s commercial information and/or the referencing of this information by the search engines of the aforementioned websites and/or (iii) involve the creation of advertising content or consultancy regarding such content.

 

PURPOSE

These General Sales Conditions (hereinafter “General Conditions”) set forth the general contractual rules and principles that govern the relationship between the Customer and FinanceHub (hereinafter “the Parties”) with respect to the services. These General Conditions are also binding on any intermediary acting on behalf of a Customer.

They are supplemented by the Special Conditions, which more specifically regulate certain services due to their particular nature and to which they may refer as necessary.

 

SUBSCRIPTION

The Customer’s subscription to a service constitutes full and unconditional acceptance of the General Terms and Conditions and the Special Terms and Conditions printed on and/or attached to the order form.

The Customer undertakes to review the order form prepared by FinanceHub before signing it and cannot hold FinanceHub liable for any errors or omissions.

 

ONLINE ORDER

In an online order, the Customer subscribes to the service via the sales form displayed on the website. This process allows the Customer to place the order, confirm it upon review, and subsequently receive an email confirming the receipt and details of the order.

For every online order, the Customer must provide an email address for the dispatch of both the order and the invoice.

Each online order also presupposes that the Customer accepts these General Terms and Conditions and the applicable Special Conditions, a copy of which is sent to the Customer along with the email containing the detailed order.

The contractual information regarding the subscribed services is subject to confirmation in the order, which FinanceHub sends to the Customer after payment of the online order. Each order implies acceptance of the prices and descriptions of the services listed prior to the subscription. These service descriptions are confirmed on the order presented to the Customer. In case of any dispute, these descriptions shall prevail.

The Customer undertakes, upon receipt, to compare the online transmitted order with the email confirming the receipt of the order. The information in the order is deemed to correspond with the online order. If the Customer does not immediately respond to report a possible error in receipt to the email address office@finance-hub.net (and in any case before accessing the services), such acceptance shall be conclusive.

If an online-subscribed service is unavailable, the Customer will be informed by email. In this case, the Customer may choose either to cancel the online order or to exchange the service. In the event of a cancellation request, only the unavailable service will be cancelled and refunded by FinanceHub, while the remainder of the online order remains binding and final.

If there are any questions regarding the processing of an online order, FinanceHub provides the Customer with customer service, the contact details of which are provided on the website from which the online order was placed.

 

INSEPARABILITY

Each service subscribed to by the Customer is specified and listed on an order form and is also subject to special conditions that supplement the General Conditions.

The General Terms and Conditions, the Special Terms and Conditions, and the order form constitute an inseparable whole.

The content of any other documents originating from FinanceHub (in particular advertising brochures or prospectuses) is provided solely for informational and orientational purposes and is not contractually binding.

In the event of any inconsistency between the General Terms and Conditions and the Special Terms and Conditions, the latter shall prevail.

 

AMENDMENT OF THE GENERAL OR SPECIAL TERMS AND CONDITIONS

FinanceHub reserves the right to change the General Terms and Conditions and/or the Special Terms and Conditions applicable to each new subscription at any time.

The General Terms and Conditions and Special Terms and Conditions in force at the time of subscription and attached to the order form shall remain those applicable to the service subscribed to by the Customer.

 

PRICES

The price due for a service is determined solely in accordance with the provisions stated on the order form.

These provisions correspond to the general pricing structure of FinanceHub, which is available upon request, although the Parties may deviate from it in exceptional cases to accommodate the specific situation of a Customer.

Unless expressly stated in the order, no discount, rebate, or reduction may be claimed from FinanceHub.

The prices are stated in euros and include the VAT applicable at the time of subscription. Any change in the applicable VAT rate or the introduction of any new tax or levy will automatically be applied to the price of the services.

 

INVOICING AND PAYMENT

8.1 – Billing Address and Invoice Recipient

8.1.1. It is assumed that the address provided in the order for billing and delivery is the one to which the invoice should be sent. If invoices or services are to be sent or delivered to a different address, the Customer must clearly indicate this at the time of subscription and ensure that this separate address is properly stated in the order.

8.1.2. The party to be invoiced and to receive the delivery is necessarily the Customer who entered into the subscription, whose name is indicated in the order. The Customer cannot transfer their obligations under the contract without the express consent of FinanceHub and therefore cannot demand that another person be invoiced on their behalf. In exceptional cases and at the express request of the Customer, FinanceHub may, at its sole discretion, accept a change of the invoicing party, whereby the Customer shall remain jointly and severally liable for the payment of the invoice.

8.1.3. Without prejudice to the provisions of the Special Conditions applicable to intermediaries as mentioned in Article 20 of Law No. 93-122 of January 29, 1993, any intermediary entering into a subscription contract on behalf of a Customer must clearly state the name of the Customer on the order form on whose behalf they are acting. Only that Customer will receive the delivery and the invoice. An intermediary who fails to indicate the name of the Customer on whose behalf they acted at the time of registration will be invoiced personally and is obligated to pay the invoice, even if the services are to be prepaid.

Should the Customer dispute being personally liable for the registration made in their name by an intermediary, that intermediary must, upon first request from FinanceHub, provide proof of the mandate granted to them. If they fail to provide this proof within eight (8) days or if it is found that they exceeded the scope of their authority, the respective intermediary shall be personally responsible for the payment of the invoice, even if the services are to be prepaid.

8.2 – Payment Terms

Unless otherwise stated and expressly accepted by the Parties or indicated in the order, payment must be made in full and the price paid before FinanceHub commences the provision of the services.

For online orders, payment is made at the time of subscription under the conditions stated in Article 8.4. In this case, it is stipulated that the amounts paid shall under no circumstances be considered as deposits or advance payments.

Invoices issued by FinanceHub are generally payable in cash and without deduction at the time of the order, unless otherwise stated and expressly accepted by the Parties or unless a payment on due date is provided for in the order (or on the invoice itself) (with the understanding that for invoice amounts below two hundred euros (200 €) including all taxes, no payment term is granted).

If payment on due date is provided, the following rules apply: – The invoice must be settled no later than forty-five (45) days from the invoice date; – In the event that FinanceHub has good reason to anticipate payment difficulties on the part of the Customer at or after the date of subscription, FinanceHub reserves the right to demand immediate payment for the provision or continuation of the services; – Similarly, FinanceHub reserves the right to demand immediate payment for the provision or continuation of the services if the total amount of unpaid invoices issued by FinanceHub reaches an outstanding threshold of five thousand euros (5,000 €) including all taxes, even if the Customer does not pay immediately.

Payments can be made by bank transfer (with the Customer being responsible for requesting FinanceHub’s bank details in a timely manner to ensure prompt payment), direct debit, bank draft, by check drawn on FinanceHub, or by bank card (the latter being the only accepted payment method for online orders, as stated in Article 8.4.1).

8.3 – Late Payment

If the Customer does not pay an invoice in full or in part within the period specified for that invoice, the following consequences shall automatically ensue by operation of law and without the need for prior notice: – Immediate due payment of all outstanding amounts for all invoices issued by FinanceHub, regardless of whether they are currently due or will become due, regardless of the specified payment methods; – Acceleration of the total sum of all due or becoming due amounts outstanding in relation to all invoices issued by FinanceHub, regardless of the specified payment methods; – Payment by the Customer of a lump sum compensation of forty euros (40 €), which shall become due on the following day.

8.4 – Online Payment

8.4.1 – Payment Procedures

For online orders, payment is made exclusively by credit/debit card.

The absence of any objection to the order sent to the Customer after an online order shall serve as evidence of the subscription and the collectibility of the amounts incurred.

Computerized records stored in FinanceHub’s computer systems under appropriate security conditions shall serve as evidence of the communication, the online order, and the payments between the Parties. The archiving of orders and invoices is carried out on a reliable and durable medium that can be presented as evidence.

8.4.2 – Payment Issues

FinanceHub reserves the right to suspend the processing of online orders if the officially authorized bodies refuse payment or if payment is not made.

In the event of payment difficulties requiring a verification process, FinanceHub specifically reserves the right to refuse the delivery of an online order. As part of this verification, the Customer may be required to send FinanceHub, by fax, a French “K-bis” extract (or an equivalent extract, such as a certificate of registration in the French Trade Register, or, if the Customer is located outside France, a certified copy of a foreign official document attesting to their identity and legal existence). The online order will only be confirmed after FinanceHub has received and verified the documents sent by the Customer.

In general, FinanceHub is entitled to suspend the Customer’s online order in the event of issues with the Customer’s account (non-payment, non-functional email address, etc.) until the problem is resolved.

 

DISPUTES

In accordance with legal provisions, the Customer must notify FinanceHub of any objection regarding the quality or conformity of a service within a maximum period of fifteen (15) days by registered mail with return receipt (the date of the postal stamp shall apply). Accordingly, services provided more than fifteen (15) days prior to the dispatch of an objection shall be deemed to have been provided in accordance with the Parties’ expectations, free from defects or errors, and in sufficient quantity.

Notwithstanding the foregoing, any objection relating to an invoice must be made within fifteen (15) days after its dispatch to the Customer (with the dispatch date being the postal stamp on the mailing envelope, which the Customer must retain). Any objection must be sent by registered mail with return receipt. After this period, invoices issued by FinanceHub shall be deemed conclusively error-free and may no longer be contested.

 

IRREVOCABILITY OF THE SUBSCRIPTION

Without the written consent of FinanceHub, the Customer’s subscription to a service is irrevocable.

 

TERM OF THE CONTRACT

FinanceHub offers services (i) on a per-service basis or (ii) as a subscription for a period specified in the order.

The effective date shall be the date of signing the order or, if no signing date is specified, the date of issuance of the order.

The subscription to a service cannot be automatically renewed. Any renewal must be expressly indicated and accepted by FinanceHub and, if applicable, will result in the creation and signing of a new order.

 

INTELLECTUAL PROPERTY

12.1 – Intellectual Property Rights of FinanceHub

FinanceHub owns exclusive ownership or usage rights to all intellectual property rights relating to: – The databases, including their architecture, presentation, arrangement, and classification; – All methods, processes, techniques, developments, and know-how contained in the services or that FinanceHub may develop or provide as part of the services; – All original or characteristic elements that appear in the work, documents, memos, consultations, opinions, conclusions, or other procedural actions carried out as part of the services, including, but not limited to, copyrights, registered trademarks, and all other associated intellectual property rights.

The subscription to a service does not imply that intellectual property rights are transferred in favor of the Customer. The Customer is only entitled to use FinanceHub products and services for business purposes and to meet its internal requirements exclusively within the framework of the subscribed services.

The Customer may not mention or use the name, designation, trademarks, logos, or other titles of FinanceHub, whether for commercial purposes or otherwise, without its prior written consent.

The Customer is expressly prohibited from reproducing, presenting, adapting, renting, transferring, marketing, or generally using the FinanceHub products or services, in whole or in part, in order to provide any advantage to third parties, for any purpose whatsoever, whether free of charge or for payment, by any means whatsoever.

 

12.2 – Rights to the Customer’s Intellectual Property

The Customer expressly declares that they have all rights (literary and artistic property, trademarks, trade names, protected designations, designs and models, rights to use the image or other personal attributes of third parties) in all elements (documents, content, or advertising messages, etc.) that are sent to FinanceHub and that are necessary for the provision of the services in accordance with the General Terms and Conditions (in particular for the purposes of implementing visibility services) and that these comply with all applicable legal and statutory provisions.

DATA PROCESSING AND CIVIL LIBERTIES LAW
FinanceHub undertakes to comply with the French regulations on the protection of personal data and, in particular, the provisions of Law No. 78-17 of January 6, 1978, as amended, on data processing, files, and civil liberties (hereinafter “Data Protection Law”).

In accordance with the Data Protection Law, natural persons have the right to access, object to, and rectify any data and information concerning them. They may exercise these rights by contacting FinanceHub services at the following email address: office@finance-hub.net.

In the event of an online order or the use of certain free features of the websites for which a personal account must be created, personal data provided by the Customer at the time of creating the account (first and last names, telephone numbers, postal addresses, and email addresses that can be linked to an identified or identifiable person) may be used by FinanceHub and its partners for managing that account and for providing the services. It is also accepted that this data may be used for commercial purposes to promote the products of FinanceHub, its affiliated companies, and/or its trading partners as part of email or direct marketing campaigns within the limits established by applicable legislation. FinanceHub may therefore rightly assume that the data subject has given their consent. If the personal data provided in the order and/or during the creation of the account do not relate to the Customer (or the person representing them for this purpose) but to a third party, the Customer must ensure that this third party has been informed of this clause and has given their consent. Otherwise, the Customer assumes all consequences and indemnifies FinanceHub against any recourse claims from the respective third party and/or the competent authorities.

 

LIABILITY

Within the limits permitted by law, FinanceHub’s liability to the Customer for all types of damages is limited to the amounts actually received by FinanceHub from the Customer for the contract period that led to the event giving rise to liability, except in cases of gross negligence or intentional misconduct. The Customer acknowledges that the agreed price reflects this risk allocation and the resulting limitation of liability.

Notwithstanding the foregoing, it is acknowledged that, in accordance with Articles 1150 and 1151 of the French Civil Code, FinanceHub cannot be held liable for unforeseen or unpredictable damages and that even in cases of fraudulent misconduct, FinanceHub shall not be liable for indirect damages incurred by the Customer, in particular for lost profits, loss of market share or customers, failure to achieve expected profits, increased costs, damages incurred by third parties, or even business losses related to the provision of services by FinanceHub.

Delivery times are provided for informational purposes only, and delays shall not result in contractual penalties, damages, or termination.

FinanceHub does not guarantee that its services will meet the specific specifications or requirements of the Customer, and it is expressly noted that the database is only a tool for information search, as these databases and the extracted data fall exclusively within the complete and sole responsibility of the Customer.

FinanceHub may offer its Customers training tools, but cannot necessarily be held responsible for the improper use of these tools by its Customers or for the direct or indirect consequences thereof. The Customer therefore confirms that they have received all necessary information to optimally utilize the data contained in the databases.

In the event that (i) FinanceHub agrees, at the Customer’s request, to collaborate with one of the Customer’s service providers (e.g. to forward data as part of a direct marketing service), and/or (ii) FinanceHub delivers to another party on behalf of the Customer or issues an invoice to them, and/or (iii) FinanceHub agrees to deliver a file or another service to any intermediary of the Customer, the Customer acknowledges and accepts that they shall be solely responsible for any damages or disadvantages incurred by FinanceHub as a result of its service provider, the third party, or any other potentially affected companies within the Customer’s group. The Customer further undertakes to indemnify FinanceHub for all such associated damages (including legal costs) without waiting for the service provider, the third party, the intermediary, or any other entity within the Customer’s group to acknowledge their liability or indemnify FinanceHub.

 

FORCE MAJEURE

Any circumstances beyond the control of the Parties that prevent the fulfillment of their obligations under normal conditions shall be deemed grounds for releasing the Parties from their obligations and shall result in their suspension. The Party invoking such circumstances must immediately inform the other Party of their occurrence and cessation.

Force majeure events include all unavoidable events and circumstances that are beyond the control of the Parties, unforeseeable and unavoidable, and which cannot be prevented by them despite all reasonably possible efforts. The unavailability of the FinanceHub website or the FinanceHub services for any reason beyond FinanceHub’s control shall expressly be considered a force majeure event, in addition to those typically recognized by the jurisprudence of French courts.

In the event of force majeure, the Parties shall meet to examine the effects of the event and agree on the conditions under which contract performance shall continue. If the force majeure event lasts longer than three months, these General Terms and Conditions may be terminated by the aggrieved Party.

NATURE OF THE OBLIGATION AND WARRANTIES
FinanceHub performs its obligations with due care and in accordance with the established best practices customary in its field and is therefore only obligated to make its best efforts.

Notwithstanding all efforts, FinanceHub does not guarantee the continuous and error-free operation of its websites such as www.finance-hub.net, regardless of the cause of any malfunction.

The Customer guarantees and fully indemnifies FinanceHub against any conviction, complaint, or claim brought by any natural or legal person arising from the elements transmitted by the Customer, for the consequences (particularly financial) of the aforementioned actions, objections, and complaints, and shall pay FinanceHub any and all damages or fines for which FinanceHub may be liable, together with any legal costs incurred in its defense, even if the court judgment is not final but is enforceable. The Customer also undertakes to pay a transaction indemnity in the event that FinanceHub reaches a settlement with a third party, provided that the Customer was previously invited by FinanceHub to participate in the settlement discussions.

 

CONFIDENTIALITY

inanceHub and the Customer undertake to keep confidential any information received from the other Party to which either Party had access at the time of providing the services, and shall ensure that this obligation is observed by their employees, parent companies, subsidiaries, and any subcontractors.

“Confidential information” means any information, whether visual or oral, on any medium, relating to the structure, organization, business affairs, various internal policies, projects, and personnel of the other Party. The content of the services as well as the reports, letters, information, memos, and proposals provided by the other Party during the provision of the services are also confidential.

However, the following information shall not be considered confidential: – Information that was publicly available at the time of its disclosure or became publicly available without breach of this confidentiality clause; – Information based on the internal knowledge of the other Party without breach of this confidentiality clause; – Information that was lawfully sent by a third party to the other Party.

This clause shall remain in effect for a period of five (5) years from the end of the service, regardless of the reason.

If a Party wishes to disclose all or part of the confidential information to third parties or have it used by them, that Party must obtain the prior written consent of the other Party. The conditions applicable to such disclosure shall then be agreed upon between the Parties.

 

TERMINATION

In the event of a breach by the Customer of a material obligation under any of the provisions of these General Terms and Conditions, the Special Terms and Conditions, or the order, FinanceHub reserves the right to terminate the contract at any time without compensation, provided that a termination notice sent to the Customer remains unresponded for 10 working days, without prejudice to FinanceHub’s right to claim compensation for any damages incurred.

Termination shall become legally effective on the eleventh day, unless the breach is fully remedied within the specified period, and FinanceHub shall immediately cease the provision of ongoing services.

FinanceHub reserves the right to immediately terminate the contract if the Customer fails to comply with FinanceHub’s intellectual property rights.

 

ASSIGNMENT

The Customer may not sell, delegate, or transfer their rights and obligations under these General Terms and Conditions without the prior written consent of FinanceHub.

FinanceHub may transfer its rights and obligations under these conditions to a new majority shareholder without any formalities.

 

INVALIDITY OF A CLAUSE

If one or more provisions of these General Terms and Conditions are declared invalid by virtue of a law, regulation, or a final decision of a competent court, the remaining provisions shall remain in full force and effect.

 

NO WAIVER

The fact that FinanceHub does not enforce a breach by the other Party of any of the obligations set forth in these General Terms and Conditions shall not be construed as a waiver of that obligation.

 

APPLICABLE LAW AND JURISDICTION

The contractual relationship governed by these General Terms and Conditions shall be governed by French law. The provisions of the order, the Special Terms and Conditions, and these General Terms and Conditions shall therefore be interpreted and governed in accordance with French law.

IMPORTANT: IN THE ABSENCE OF AN AGREEMENT BETWEEN THE PARTIES, ALL DISPUTES ARISING IN CONNECTION WITH THE INITIATION, PERFORMANCE, TERMINATION, DISSOLUTION, VALIDITY AND/OR INVALIDITY OF THE CONTRACTUAL RELATIONSHIP SUBJECT TO THESE GENERAL TERMS AND CONDITIONS, AS WELL AS ANY DISPUTES REGARDING THE INTERPRETATION OF THE PROVISIONS OF THE ORDER, THE SPECIAL TERMS AND CONDITIONS, AND THESE GENERAL TERMS AND CONDITIONS, SHALL BE EXCLUSIVELY SUBMITTED TO THE COMMERCIAL COURT OF NANTERRE (FRANCE). SHOULD THIS COURT NOT HAVE JURISDICTION, THE DISPUTE SHALL BE SUBMITTED TO THE COMPETENT CIVIL COURT OF THE FIRST INSTANCE OF NANTERRE.

 

PUBLIC PROCUREMENT CONTRACTS

In the event that the services are subscribed to as part of a public contract, it is noted that no provision of these General Terms and Conditions or the Special Conditions may be construed or lead to questioning the validity of any provision of public policy in the French Public Procurement Code.

The public entity may terminate the contract in the event of misconduct by FinanceHub or in the event of misconduct by FinanceHub as more specifically defined in the French Public Procurement Code. The public entity may also, notwithstanding any other provisions of these General Terms and Conditions or Special Conditions, terminate the contractual relationship early without penalty—either for a compelling reason in the general interest or for another reason justifying unilateral termination pursuant to a mandatory provision of French procurement law—subject to full compensation to FinanceHub for any damages resulting from such termination.