General terms of sale
1. These general terms of sale are applicable in all cases, except by special mention or contrary agreements appearing in the text of contractual documents or in their appendices.
2. MEDIAMETRIE performs its activity in relation to an obligation of means in accordance with the rules of fair trade applied by the profession and by ICC/ESOMAR directives. In the case of technical error in collecting, evaluating, processing or publishing the results from the study, MEDIAMETRIE is committed to making the appropriate corrections as quickly as possible. In the event of a breach by MEDIAMETRIE of one of its contractual obligations, compensation for the loss sustained by the customer, if it exists, cannot exceed the amount received from the customer for the services concerned.
3. MEDIAMETRIE is committed to considering all the information given by the customer as strictly confidential, and to only using it, if necessary, for compiling reports. The set of results communicated by MEDIAMETRIE remains the latter’s property, and must be kept confidential by the customer, who undertakes to take the necessary steps to avoid any unauthorised reproduction and/or distribution within as well as outside its company. The customer is not authorised, without written agreement from MEDIAMETRIE, to store the information provided to it in information systems or in documentation not belonging to its firm, to transform it, or to communicate it.
Indeed, the results are protected under copyright, and under the specific right protecting databases.
4. MEDIAMETRIE reserves for itself a free hand in choosing how the services entrusted to it shall be executed, particularly concerning the choice of participants and use of subcontracting.
5. Prices are always shown excluding taxes, the VAT at the rate in effect at the time of billing being charged in addition. The nature of the prices (firm or revisable) and their amount are specified in the order acceptance or the contract.
6. Studies whose price is equal to or lower than 4,500 Euros excluding taxes are billed and paid upon the order. When the price of the study is higher than 4,500 Euros excluding taxes, a deposit invoice of an amount equal to 50% of the price is sent upon acceptance of the quotation, with the balance of the study being billed when the results are delivered. The deposit invoices at the time of the order are payable immediately, and the other invoices are payable within 30 days of the invoice date. In the event of lack of payment of the said invoices within the specified periods, MEDIAMETRIE will suspend the service in progress, within a period of 48 hours after formal notice remaining unheeded, until the payment has been made. Moreover, the late penalties will be calculated from the due date until the date of actual full payment, at a rate equal to three times the legal interest rate, without this clause affecting the payability of the debt. These penalties are payable upon receipt of the notice informing the customer that MEDIAMETRIE has charged them to the customer’s account.
The customer undertakes, when this is made necessary due to the internal operating rules, to issue an internal order form and to send to MEDIAMETRIE upon signature of the order the elements related to it enabling MEDIAMETRIE to issue the invoice in the format required by the customer, such as the internal order form number, without this example being restrictive.