Article 1. Purpose
These General Terms and Conditions of Sale constitute, in accordance with Article L 441-1 of the French Commercial Code, the sole basis for the commercial relationship between the parties.
Their purpose is to define the terms under which JB CONSULTING (“The Service Provider”) provides professional clients (“The Clients or the Client”) who request it, through the Service Provider’s website, by direct contact, or via a written document, the following services: CONSULTING SERVICES (“the Services”). They apply, without restriction or reservation, to all Services provided by the Service Provider to Clients of the same category, regardless of any clauses that may appear on the Client’s documents, including their general terms and conditions of purchase.
Article 2. Services
The Service Provider offers consulting services in hotel management, staff training, improvement of service quality and internal procedures, operational audits, various expert analyses, etc. The details of the services will be defined in a quote or project proposal accepted by the Client. The schedule for the Services will be agreed upon by mutual consent between the parties.
Article 3. Quotes and Validation
Any quote issued by the Service Provider is valid for 30 days from the date of issue. The Client’s validation of the quote, by signature or written agreement (email, letter), constitutes acceptance of these General Terms and Conditions of Sale.
Article 4. Obligations of the Service Provider
The Service Provider commits to provide the agreed services with care, diligence, and in compliance with applicable standards, rules, or professional guidelines, as well as recognized practices. The Service Provider is bound by an obligation of means, not of results, unless expressly stipulated in the contract.
Article 5. Obligations of the Client
The Client commits to provide the Service Provider with all necessary information and documents required for the performance of the services within the agreed timeframe. The Client must also facilitate access to premises and staff, if applicable. The Service Provider reserves the right to suspend services if the Client fails to provide all or part of the necessary information for the proper execution of the services.
Article 6. Pricing and Payment
Services are provided at the rates in effect on the day the order is placed, based on the quote previously issued by the Service Provider and accepted by the Client. Fees for services provided by the Service Provider are calculated on a flat-rate basis per project or per day of service. Prices are exclusive of tax and do not include travel, accommodation, or meal expenses unless otherwise specified in a package. A deposit of 50% of the total price of the ordered Services is required upon placing the order. Unless otherwise agreed, the total fees, including VAT, are payable upon delivery of the Services.
In the event of late payment of sums owed by the Client beyond the aforementioned deadline, and after the payment due date indicated on the invoice sent to the Client, late payment penalties calculated at an annual rate of 3% of the total VAT-inclusive price of the Services stated on said invoice will automatically and without further formalities accrue to the Service Provider. Late payment will result in the immediate demand for all sums owed to the Service Provider by the Client, without prejudice to any other legal actions the Service Provider may take against the Client.
Article 7. Deadlines and Delivery
Execution deadlines provided by the Service Provider are indicative only. Any delays cannot justify the cancellation of the order or give rise to penalties or compensation unless specifically agreed. The Service Provider’s liability cannot be incurred for delays or suspension in the provision of services caused by the Client or in cases of force majeure.
Article 8. Cancellation and Termination
Any cancellation by the Client of a Service before its execution but after the quote has been signed results in the loss of the deposit as outlined in the payment terms. If the deposit has not been paid, it is considered irrevocably due as a non-reducible indemnity.
During execution, if the Service Provider is unable to proceed with the proper and complete delivery of the agreed services for any reason beyond their control, or in the event of premature termination for reasons not involving their liability, the Client agrees to pay the Service Provider for expenses incurred as a result of the impediment or termination, as well as the proportionate fees for Services already provided, and to release the Service Provider from any liability for services not delivered due to such circumstances.
Article 9. Liability
The Service Provider’s liability may only be incurred in cases of gross negligence that cause direct, real, certain, and serious harm to the Client, which the Client must substantiate. Objectives defined by the Service Provider with the Client are indicative only. The Service Provider’s commitment is based on best efforts, not on achieving specific results.
To assert their rights, the Client must notify the Service Provider in writing of any defects within a maximum of 30 days after discovery, under penalty of forfeiture of all related claims. The Service Provider’s liability is limited to the total fees received for the related service. Under no circumstances will the Service Provider be liable for indirect or consequential damages suffered by the Client.
Article 10. Intellectual Property
Reports, documents, or deliverables produced by the Service Provider remain the intellectual property of the Service Provider. The Client is prohibited from reproducing or exploiting said reports, documents, or deliverables without the express, prior, written authorization of the Service Provider, who may condition such authorization on financial compensation.
Article 11. Confidentiality
The Service Provider and the Client undertake to keep all information exchanged during the mission confidential. This obligation remains in effect for 5 years after the end of the contract.
Article 12. Disputes
In the event of a dispute, the parties agree to seek an amicable solution. Failing such agreement, the dispute will fall under the exclusive jurisdiction of the courts of Bordeaux, France.
Article 13. Governing Law
These General Terms and Conditions of Sale and all resulting operations between the Service Provider and the Client are governed by French law. They are written in French. In the event of a translation into one or more languages, only the French text will prevail in the event of a dispute.