GENERAL TERMS OF CONTRACT (GTC)

Only the French version of these terms and conditions is legally binding; the English version is for informational purposes only

Version 05/2026

§1 Definitions

In these General Terms of Contract, the following terms, words and expressions have the following meanings, unless expressly stated otherwise:

Article. Means the articles of the present GTC.

Add-on Products. Means any complementary products or services offered by the Provider in addition to the Service. These products may include, without limitation:

• (i) access to the wlw (Wer liefert was) B2B platform,
• (ii) enhanced visibility options such as Top Ranking, and
• (iii) Sponsored Products,

as well as any other additional offers marketed by the Provider, including on partner platforms such as Alibaba.com (for example, the Alibaba Keyword Advertisement service).

Other Service. Has the meaning given to it in Article 4.2 of the GTC, including: Add-on Products.

Client. Means the Person identified in the OF and holding the Contract.

Account. Has the meaning given to it in Article 2.1 of the TOS.

Content. Has the meaning given to it in Article 2.1 of the TOS.

Contract. Means together the Order Form (or “OF”), these General Terms of Contract (or “GTC”), the Terms of Services (or “TOS”) and the Special Terms and Conditions (or “STC”) and any Appendices thereto, provided that:

• a) The “OF” means the order form for the Services ordered and signed by the Client (and accepted by the Provider);
• b) The “GTC” refers to the present provisions subscribed by the Client in order to benefit from all or part of the functionalities of a Service;
• c) The “TOS” means the terms of use by any Person of the Website and the Services, available on the Website in the ‘‘Legal Notice” section, which describe the rights and obligations of any User, whether or not he has an Account;
• d) The “STC” means the specific terms and conditions of a Service including a description of the Service concerned.

 Control. Has the meaning given to it in Article 2.1 of the TOS.

Personal Data. Has the meaning given to it in Article 2.1 of the TOS.

Group. Has the meaning given to it in Article 2.1 of the TOS.

Information. Has the meaning given to it in Article 2.1 of the TOS.

Day. Means any day of the week except Saturday, Sunday and public holidays in France.

Service Misuse. Has the meaning given to it in Article 2.1 of the TOS.

Means of Access. Has the meaning given to it in Article 2.1 of the TOS.

My Account" or "User Account. Means the service allowing – through the Company Profile – the presentation of the Client’s company, its products and services, and described in Article 4.1 and in Article 5.2 of the TOS.

Party. Means collectively or individually the Provider and/or the Client.

Initial Period. Has the meaning given to it in Article 7.1 of the GTC.

Renewal Period. Has the meaning given to it in Article 7.1 of the GTC.

Sourcing Platform. Means the listing database, property of the Provider, grouping, organizing and classifying the Company Profiles, their products and services, and described in Article 5.1 of the TOS.

Person. Means any natural person as well as any commercial company, association, partnership, joint venture, limited liability company, joint stock company or other company or organization, French or foreign, and more generally any entity with or without legal personality.

Provider. Means the company VISABLE, a S.A. limited company (French ‘‘société anonyme’’) with a share capital of €380,750 whose Seat is located at 157, rue Anatole France Hall A (Levallois-Perret 92300 – France), registered in the Nanterre Trade and Companies Registry under the number 338 631 930. The Provider can also be designated as Publisher in the TOS, the STC or the OF.

Company Profile. Has the meaning given to it in Article 2.1 of the TOS.

Website. Has the meaning given to it in Article 2.1 of the TOS.

Service. Means a service provided by the Provider, as defined in Article 4 or, if so, by the GTC, the STC or the OF.

Service Suspension. Has the meaning given to it in Article 12.1 of the TOS.

User. Means any natural person who, if the Client has signed a Contract, acts under the responsibility of the Client. In the absence of a signed Contract, the User in defined by the TOS.

WSL (Website Leads). Refers to the service provided by the Provider enabling the identification of companies visiting the Client’s Website. This service operate through the installation by the Client of a “pixel” code provided by the Provider, to be integrated into the source code of their own Website. The data collected through this “pixel” allows the Provider to detect and attribute visits to identifiable companies, and to make available to the Client, within their personal login area, a list of the companies that have visited the Client’s Website, together with associated marketing and performance data relating to the Client’s campaigns or Website activity.

All capitalized terms in this document that are not defined above have the meaning given to them by the TOS, the STC or the OF applicable to the Service

§1.2  Principles of interpretation

The terms "Article", "Paragraph" and "Appendix" refer to the articles, paragraphs and appendices of the GTC.

The following principles of interpretation shall apply unless the context justify another interpretation:

• a) Definitions given for singular term shall also apply when that term is used in plural form and vice versa.
• b) Definitions given for a noun shall apply mutatis mutandis to verbs, adjectives and adverbs relating to it.
• c) The headings of Articles, sections or paragraphs in the GTC are included for convenience only and shall not be used for their interpretation.
• d) All appendices, regardless of their numbering and the foreword are part of the GTC and form an indivisible whole.
• e) In the GTC, the use of the terms:
  • (i) “including” imply that the enumeration or illustration that follows is not limited or exhaustive;
  • (ii) “hereof” and any other similar term refer to the GTC as a whole and are not limited to the particular section or sub-section in which such terms appear
• (f) Clauses in the GTC can’t be interpreted against the Provider solely because the Provided was responsible for the preparation of such clause or because such clause was inserted in the GTC for the benefit of the Provider.
• (g) The term “or” without further qualification is never exclusive, the terms “a or b” including both “a”, “b” and “a and b”. On the other hand, “either…, either…” is always exclusive, the expression “either a or b” excluding the hypothesis that “a” and “b” exist together

§2 Scope of application 

Any order of Service and publication of Content on the Website by a Person, domiciled in France or abroad, exercising in the sole framework of its commercial, industrial, artisanal, liberal or agricultural activity entails the irrevocable, free, full and complete acceptance of (i) the GTC, the TOS, the OF and any STC and their Appendices, which together form an indivisible whole that expresses the entirety of the agreements between the Parties and supersedes all previous correspondence or documents that the Parties may have entered into of communicated to each other and having the same or similar purpose (together the ‘‘Contract’’) and (ii) the rates and terms of payment in effect on the date of signature of the OF. The Parties shall not be bound by any representation, term or condition relating to the Contract that is not incorporated in the Contract or in the documents provided for therein.

2.1 The Contract has been drawn up in accordance with the provisions of Article L.441-6 of the French Commercial Code (‘‘Code de commerce’’) and applies to the exclusion of all other conditions set by the Client, particularly those contained in its general conditions of purchase.

2.2 In the event of any contradiction between the GTC, the TOS, the STC, the OF, the STC shall prevail over the GTC and the TOS and the OF shall prevail on the GTC, the TOS and the STC. The invalidity, unenforceability, lapse, illegality or non-applicability of any provision of the Contract, for any reason whatsoever, shall not affect the validity, legality or enforceability of the remaining provisions of the Contract, in which case the parties agree to approach each other and negotiate in good faith to replace the invalid or deleted provision with a provision of equivalent effect.

2.3 The failure of a party to exercise any right under the Contract shall not be interpreted as a waiver of such right and shall in no way affect such party’s ability to exercise such right.

2.4 In accordance with Article 1112-1 of the French Civil Code (‘‘Code civil’’), the Parties acknowledge that, in the context of the conclusion of the Contract, each Party in possession of information whose importance was, to its knowledge, decisive for the consent of the other Party, communicated this information to the other Party prior to the conclusion of the Contract

§3 Ordering of services

3.1 Any order for services on the Website must, in order to be valid, be made by a signed OF communicated by e-mail to the addresses and contact details shown on the Website.

3.2 The Contract is considered to have been concluded on the date the OF was signed by the Client.

3.3 By accepting the OF from the Provider, the Client undertakes to pay any debt owed to the Provider under the Contract on the agreed dates and deadlines and warrants that it he has sufficient financial capacity to do so

§4 Functionality of the services

4.1 The My Account or User Account space

4.1.1 The Services will start on the date mentioned on the OF or at the end of the validation period specified on the said OF. On this date, the Provider will make available to the Client on the Website a publication space for the Client’s Company Profile which shall be reserved for the Client and accessible via the My Account or User Account space. The Client will create, prior to the Contract start date, its own Means of Access in order to add, modify or delete directly any Content in the My Account or User Account space. The Client will then be able to publish its Company Profile and create its products catalog. Start of the Contract will mark the beginning of the Service. The absence of the first connection to the My Account or User Account space (or any subsequent publication) will not suspend or delay the start of the Contract, nor the invoicing of the Services issued by the Provider for the order for which the Client will be fully liable.

4.1.2 Client expressly authorizes the Provider to collect, if necessary, directly on its website or from any other public medium of the Client any information for the purpose of publishing the My Account or User Account space and the Company Profile.

4.1.3 The Client guarantees that the Content transmitted by him to the Provider or made available to the Provider through his website is accurate, legible, understandable and complies with all of the provisions of Article 11 of the TOS. The Client represents and warrants that it holds all intellectual property rights necessary for the performance of the Services ordered from the Provider. Accordingly, the Client grants the Provider a free, non-exclusive, and worldwide license to use such intellectual property rights (including, without limitation, the Client’s trademarks, logos, products, and videos) for the sole purpose of performing the Services. This license authorizes the Provider, by any technical means, to reproduce, display, communicate, modify, and/or adapt the aforementioned elements on any media as required for the execution of the Services.

4.1.4 The Provider reserves the right to interrupt or refuse, without prior notice, any publication or broadcast on the My Account or User Account space and/or to remove any Content, including but not limited to: hyperlinks, videos and/or catalogs, that could be considered as a Service Misuse or contrary to (i) legal, regulatory or professional requirements in effect, (ii) regulations governing public order, accepted standards of behavior, and morality, (iii) laws governing competition, trademarks and advertising, and (iv) the Provider's editorial policy as mentioned on the Website.  The Provider will inform the Client as quickly as possible of any interruption, refusal or deletion implemented so that the Client may make any necessary corrections. The Client expressly and irrevocably renounces to any claims against the Provider as a result of the Provider's exercise of its right to refuse, interrupt or remove Content, exercised under the Contract. The use of this right by the Provider shall not give rise to any right to reimbursement by the Client. In general, the Provider may immediately and without prior notice suspend the Service in accordance with the conditions of Article 12 of the TOS.

4.1.5 Time-stamped files generated by the Sourcing Platform’s computer backup systems and/or their reproduction on a magnetic device are provided by the Provider and serve as a proof of the publication of the Content within the My Account or User Account space and as proof between the Parties.

4.1.6 Mistakes and/or omissions in Content of the My Account or User Account space will never constitute grounds for termination of the Contract by the Client

4.2 Other Services and Add-On Products

4.2.1 The Provider may offer to the Client, Services not initially described in the GTC available to Clients, including but not limited to the Add-On Products. For each such offer, the Provider shall communicate in writing to the Client the essential characteristics, applicable prices or pricing schedules, any discounts, and terms of payment.

4.2.2 The provision of any Other Services or Add-On Product is subject to the prior and express acceptance by the Client of (i) the commercial proposal or OF detailing the description, price, and specific condition of such Other Service or Add-On Product, and (ii) the STC, if any, that supplement these GTC. No Other Service or Add-On Product will be activated or invoiced without documented acceptance by the Client.

4.2.3 The STC applicable to any Other Service or Add-On Product may not modify the essential provisions of the GTC, except by mutual and express agreement. Any substantial modification of the terms or price by the Provider shall require reasonable prior notice and the express agreement of the Client. In the absence of such agreement, the Client may refuse the modification without penalty, and access to the concerned Other Service or Add-On Product may be suspended without affecting the rest of the contractual relationship.

4.2.4 Unless otherwise expressly agreed in writing, the duration of any STC relating to Other Services and Add-On Products shall be aligned with the Initial Period and any Renewal Periods of the main Contract, as defined in Article 7.3. Accordingly, the renewal and termination notice rules applicable to the main Contract shall also apply to all such Services and their STC

4.3 WSL

4.3.1 The WSL is not a separate product but is included in certain packages offered by the Provider. Activation and use of the WSL require the Client to take specific steps, notably the installation of a pixel code.

The Provider provides the necessary guidance and support to the Client but cannot be held responsible if the Client fails to complete this installation.

The absence of pixel installation by the Client shall in no case entitle the Client to claim non-performance or to request termination of the contract

4.4 Google Ads services – Mandate and transparency

4.4.1 When Google Ads services are offered as Add On Products, the Client grants the Provider a written advertising mandate, within the meaning of French Law No. 93-122 of 29 January 1993, to purchase advertising space in the Client’s name and on the Client’s behalf on online advertising platforms operated in particular by Google Ireland Limited (Google Ads). Advertising accounts are opened and managed in the Client’s name. The Provider acts as a transparent agent (mandataire) and does not acquire any rights of ownership over the advertising space purchased

4.4.2 Google Ads services are invoiced to the Client in the form of a single overall price, as indicated on the OF, calculated in particular on the basis of an agreed advertising budget and the Provider’s management and consulting fees.

This overall price includes:

• a media budget for the purchase of advertising space from Google; and
• the Provider's management and consulting fees, the calculation methods of which (in particular as a percentage of the advertising budget or according to any other schedule) are specified in the OF and/or in any STC.

The breakdown between the media budget and the fees is determined in accordance with the methods set out in the OF and/or in the STC and is made available to the Client and communicated upon first request, in accordance with the transparency requirements set out in French Law No. 93-122 of 29 January 1993 and its implementing regulations

4.4.3 Any discounts, media credits, promotional vouchers, or other financial benefits granted by Google in connection with Google Ads services shall be fully allocated to the Client’s advertising budget and, where applicable, appear on the invoices or statements issued by Google to the Client, in accordance with French Law No. 93-122 of 29 January 1993.
The Client acknowledges that the availability, conditions and amount of such benefits are determined solely by Google’s commercial policies and may be modified at any time without notice. The Provider does not guarantee their availability or amount

4.4.4 Google Ads services are contracted for an initial term of six (6) or twelve (12) months, as indicated on the OF.
 
At the end of this initial term, Google Ads services shall be automatically renewed for successive periods of the same duration (six (6) or twelve (12) months, as applicable), unless terminated by either Party by giving one (1) month’s notice, such notice taking effect at the end of the relevant calendar month.

 
During both the initial term and any renewal period, each Party may terminate the Google Ads services at any time by giving one (1) month’s notice, such termination taking effect at the end of the month in which the notice period expires.

 
In the event of early termination during the initial term at the Client’s initiative, the Client shall remain liable for the full amount of the service fees due for the said initial term, without prejudice to any amounts already invoiced. The Client shall not be liable for the portion of the Google Ads media budget that has not actually been spent as of the effective date of termination

4.4.5 The Client acknowledges that they have read and accept Google's additional contractual terms and conditions applicable to advertising services, available at the following address: https://payments.google.com/paymentsinfofinder, and authorizes Google to contact them for the purpose of conducting surveys. 

4.4.6 Any user location‑dependent digital services taxes or similar digital taxes applicable to the relevant advertising services are already taken into account in the agreed overall remuneration for the Services, without prejudice to any applicable value added tax (VAT). The Client shall not be charged any additional amount in respect of such digital taxes

§5 Prix

5.1 Applicable prices are expressed in euros exclusive of tax and correspond to those in application on the day of signature of the OF by the Client, subject to changes resulting from the application of Article 5.2. Any change in the value added tax (VAT) or any creation of a new tax will be automatically reflected in the price of the Services ordered. Any discounts or rebates that might be included in the OF or in the STC do not apply to the Renewal Period of the Contract.

5.2 The price of the Services, Other Services and the Add-On Products may be revised automatically and by full right on January 1 or each year up to a maximum of five percent (5%)

§6 Invoicing and payment terms

6.1 The Client expressly agrees, for the entire duration of the Contract, to the transmission by e-mail to the address mentioned in each of the OFs, the invoices issued by the Provider.

6.2 The first invoice shall generally be issued upon the launch of the Service by the Provider as specified in the OF. However, if the effective launch of the Service is postponed based on a common written agreement, the start date indicated in the OF shall remain unchanged and no new signature shall be required. Any change to the start date must be requested by email by the Client. Upon receipt of such written request, the Provider shall adjust the start date in its internal system. This adjustment will accordingly update the invoice date, including subsequent invoices for any Renewal Period. No indemnification shall be due to the Provider as a result of such postponement.

Unless otherwise specified in the OF, subsequent invoices shall be issued on each Service Renewal date.

Each invoice is payable within the maximum period specified in the corresponding invoice and if no period is specified in the invoice, within thirty (30) days. Unless otherwise expressly provided for in the OF or in the invoice, (i) all invoices are payable in cash using the payment method(s) indicated in the invoice or made available by the Provider and (ii) payments are requested on an annual basis.

The Provider reserves the right to request an upfront payment for the order. If necessary and upon request, a pro forma invoice may be provided by the Provider. The Client will provide the Provider with all of their bank details (IBAN/BIC), including bank code, branch code, account number and key, and a bank identification statement corresponding to the aforementioned bank account. If required, the Client will provide the Provider a SEPA direct debit mandate signed by the Client's representative.

6.4 In the event of non-payment of an invoice on the due date, the Client will be charged, by full right and without prior notice, from the day following the due date, late payment interest equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points in accordance with the provisions of Articles L. 441-3 and L. 441-6 of the French Commercial Code (‘‘Code de commerce’’). Such interest will continue to accrue on all amounts due, regardless the expiration or termination of this Contract for any reason whatsoever. In addition, the Client will automatically and compulsorily pay to the Provider a fixed indemnity for collection costs of forty (40) euros in accordance with Article D. 441-5 of the French Commercial Code (‘’Code de commerce’’). When the collection costs incurred by the Provider are higher than the amount of this fixed compensation, the Provider may request additional compensation, upon justification

6.5 Any delay in payment also entitles the Provider to suspend the Service immediately without notice pursuant to the provisions of Article 12.1(e) of the TOS or to terminate the Contract in accordance with Article 9.1, without prejudice to the application of the provisions of Article 1217 of the French Civil Code (‘‘Code civil’’)

§7 Duration

7.1 The Contract is concluded for an initial period of at least one (1) year (hereinafter referred to as the ‘‘Initial Period’’) beginning on the effective date of the Contract specified in the OF. Upon expiration of the Initial Period, the term of the Contract will be tacitly renewed for a period of one (1) year (each renewal period is hereinafter referred to as ‘‘Renewal Period’’). Each of the Parties may terminate the Contract by full right without compensation, without any judicial formality or compensation on either side, one (1) month prior to the expiration date of the Initial Period or any Renewal Period by sending the other Party an e-mail or a registered letter with confirmation of receipt (‘‘LRAR’’) as defined in Article 16.3, and specifying the provisions of this Article 7.1.

7.2 The absence of communication of the elements necessary for the drafting, editing and publication of the Company Profile and the My Account or User Account space, and the interruptions of publications carried out in application of the present terms and conditions and linked in particular, but not exclusively, to malfunctions of the Sourcing Platform, do not have the effect of extending the Initial Period or a Renewal Period.

7.3 Other Services and Add-On Products are subject to the same contractual terms as the Contract, including its Initial Period and Renewal Periods.

Unless otherwise agreed in writing, each Other Services and Add-On Product shall initially run until the end of the Initial Period or the current Renewal Period. Thereafter, Other Services and Add-On Products shall automatically follow the same Renewal Periods and termination notice terms as the Contract described in Article 7.1

§8 Responsibilites 

8.1 The User is solely responsible for the Content, Information, or messages that he publishes and broadcasts on the Website under the conditions set out in the TOS.

8.2 As part of the performance of the Contract, the Provider shall ensure the implementation of the technical means of intervention and assistance to ensure the regular operation of the Website and the Services. The Provider’s liability will be limited to the conditions set forth in Article 13 of the TOS.

8.3 However, in the event of non-publication of the My Account or User Account space or Company Profile or Other Services due exclusively to the Provider, the Provider shall only be liable for refunding the Client on a pro rata temporis basis for the period during which the relevant Service was unavailable, regardless the provisions of Article 9.2

§9 Termination

9.1 In the event of a breach of any of its essential obligations under the Contract ad in particular the obligation to pay invoices as defined in Article 6 by a Party, the other Party shall send the defaulting Party a registered letter with confirmation of receipt (LRAR) indicating the nature of its breach under the Contract. If the defaulting Party has not remedied its default within fifteen (15) Days following the dispatch of the aforementioned registered letter, the non-defaulting Party may, then, by sending the defaulting Party a registered letter with confirmation of receipt (LRAR) of termination, unilaterally and automatically terminate the Contract without the need to recourse to the competent courts to confirm it. Such termination shall then be immediate and take effect on the date the termination letter is sent.

9.2 The exercise of the right of termination by either Party in the cases provided for herein shall in no way prejudice their rights to exercise any actions or procedures at their disposal nor their possible rights to compensation for damages before the competent courts as provided for in Article 1217 of the French Civil Code (‘‘Code civil’’).

9.3 Upon termination of the Contract for any reason, the Client will remain liable for payment of all amounts due to the Provider. The Provider may, unless the Client expressly disagrees in writing, retain on the Website any publication in the Client’s name at the end of the Contract.

9.4 The Provider reserves the right to amend, at any time and unilaterally, the Contract. Any material modification shall be notified in writing to the Client by any appropriate means (including, but not limited to, by email) at least one (1) month prior to the effective date of such modification.

In the event of disagreement with the proposed modifications, the Client may terminate the Contract without penalty by providing written notice to the Provider prior to the effective date of said modifications.

If no termination is received within this period, the Client shall be deemed to have accepted the new terms and conditions, which shall then become fully binding as from their effective date

§10 Personal data

10.1 In compliance with the provisions of Article 9 of the TOS, and unless the Client expressly objects, the Provider reserves the right to use and/or communicate to third parties the information concerning the Client for the exclusive purpose of surveys, market research or commercial prospecting.

10.2 The Provider may also use artificial intelligence (“AI”) technologies for the provision and improvement of the Services, including (but not limited to) data analysis, personalized recommendations, fraud detection, Client support or platform content creation. Any processing of personal data involving AI is performed in compliance with applicable data protection laws, including the GDPR.

Where AI is used for automated decision-making that produces legal effects or significantly affects the Client or Users, the Provider undertakes to inform the affected individuals, to provide meaningful information about the logic involved, and to guarantee their right to obtain human intervention, to express their point of view, and to contest the decision, as provided for by Article 22 of the GDPR.

The Provider informs the Client of the possibility that certain processing operations may be performed by service providers located outside the European Union. In such cases, appropriate safeguards (such as standard contractual clauses approved by the European Commission) are implemented to ensure an adequate level of protection.

The Client is informed of the purposes, legal bases, and retention periods for personal data processed via AI. Regarding Article 9.4, the Provider reserves the right to update its personal data protection policy and will inform Clients of any material changes, particularly those relating to the use of AI

§11 Contract transfer 

11.1 The Provider may transfer all or part of his rights and obligations under the Contract to a Person of his choice, including any of its affiliates. Any change that may occur in the Person of the Provider shall have no effect on the continuation of the Contract, regardless of the identity of the Person who would continue it.

11.2 Given the intuitu personae nature of the Contract for what it concerns the Client, the Contract may not be transfer by the Client, except with the prior written consent of the Provider and in accordance with Article 1216-1 of the French Civil Code (“Code civil”)

§12 Subcontracting - outsourcing 

12.1 The Provider is authorized by the Client to subcontract/outsource all or part of the Services for which it is responsible concerning the Contract to any third party of his choice.

12.2 The Provider stay, in any event, responsible for any subcontractors he uses concerning the Contract

§13 Waiver of the provisions of article 1195 of the french civil code (“code civil”)

13.1 The Parties expressly agree to waive the provisions of article 1195 of the French Civil Code (“code civil”) hereinafter literally reported and translated:

“Si un changement de circonstances imprévisible lors de la conclusion du contrat rend l'exécution excessivement onéreuse pour une partie qui n'avait pas accepté d'en assumer le risque, celle-ci peut demander une renégociation du contrat à son cocontractant. Elle continue à exécuter ses obligations durant la renégociation. En cas de refus ou d'échec de la renégociation, les parties peuvent convenir de la résolution du contrat, à la date et aux conditions qu'elles déterminent, ou demander d'un commun accord au juge de procéder à son adaptation. A défaut d'accord dans un délai raisonnable, le juge peut, à la demande d'une partie, réviser le contrat ou y mettre fin, à la date et aux conditions qu'il fixe”

“If a change of circumstances that was unforeseeable at the time of the conclusion of the contract renders performance excessively onerous for a party who had not accepted the risk of such a change, that party may ask the other contracting party to renegotiate the contract. The first party must continue to perform its obligations during renegotiation. In the case of refusal or the failure of renegotiations, the parties may agree to terminate the contract from the date and on the conditions which they determine, or by a common agreement ask the court to set about its adaptation. In the absence of an agreement within a reasonable time, the court may, on the request of a party, revise the contract or put an end to it, from a date and subject to such conditions as it shall determine.”

§14 Major force

14.1 The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations, as described in the Contract, results from an event of major force (“force majeure’’) within the meaning of Article 1218 of the French Civil Code (‘‘Code civil’’).

14.2 The Party affected by the event of major force, subject to the delivery to the other Party of a registered letter with confirmation of receipt (LRAR) within a period of eight (8) Days from the date of occurrence of the event, shall be exempted from the performance of its obligations within the limit of the obstacle, disturbance or limitation caused by the event of major force.

14.3 The other Party will, then, in the same way, be delivered of the performance of its own obligations, always within the limits of the obstacle, disturbance or limitation. The performance of the obligations of the prevented Party shall then be postponed for a period equal to the one of the duration of the suspension due to the event of major force.

14.4 However, if the duration of the interruption due to major force exceeds thirty (30) Days from the date of notification of the occurrence of the major force event, the Contract may be terminated by full right and without judicial formality by the non-affected Party, subject to compliance with a notice period of thirty (30) Days, notified by registered letter with confirmation of receipt (LRAR) to the defaulting Party.

14.5 For the duration of the major force event, the Party that invokes it will make every effort to minimize the effects thereof on the proper performance of the Contract

§15 LANGUAGE AND JURISDICTION CLAUSE

15.1 In the event of any conflict or difficulty arising from a discrepancy between the French language version and the foreign language version of the Contract, the Provider and the Client agree that the interpretation of the Contract will be made on the basis of the French language version, which will prevail over the foreign one.

15.2 The Contract is governed by and shall be construed in accordance with French Law.

15.3 Without prejudice to any mandatory provisions that may apply, any dispute arising out of or in connection with the formation, validity, performance or termination of these GTC shall be submitted to the exclusive jurisdiction of the Paris Commercial Court, even in the event of multiple defendants or third‑party proceedings.

By way of exception, and for the sole benefit of the Provider, the Provider may, at their own discretion:

• (i) bring any proceedings before the courts having jurisdiction over the Client’s registered office or domicile; and/or
• (ii) bring any proceedings before the courts of any place where the Client holds assets, as such assets may be located at the time the proceedings are initiated (provided such place is within a Member State of the European Union or a Contracting State to the Lugano Convention); and/or
• (iii) where the dispute falls within the scope of Regulation (EU) No 1215/2012 and/or the Lugano Convention, bring proceedings before any court having jurisdiction pursuant to the rules of jurisdiction laid down in those instruments.

This clause applies only where the Client acts as a professional

15.4 The Parties agree that the data, logs, activity records, technical reports, and, more generally, all electronic records generated by the Provider's information systems in connection with the performance of the Services, Other Services and Add-On Products provided to the Client shall constitute admissible evidence between the Parties. In the event of any dispute concerning the performance or provision of the Services, Other Services and Add-On Products or any operation carried out via the Provider's platform, such records shall be deemed conclusive evidence between the Parties, unless the Client provides proof of a proven malfunction of said information systems that has affected the integrity or reliability of the relevant data

§16 Notifications – election de domicile

16.1 All notices, notifications or communications required to be given under the Contract has to be given to each Party by e-mail or by letter, the date of receipt or first presentation will be considered.

16.2 Concerning the Client, any communication regarding to the Contract will be addressed to the Client’s address listed in the Account Information.

16.3 Concerning the Provider, any communication regarding the Contract (including termination) will be addressed to the following address: 

To: Customer Care team 

Address: 157, rue Anatole France, 92300 Levallois Perret, France 

E-mail: customer.service @visable.com