SAS Effency – RCS Paris 822320172 Head office : 142 rue de Clignancourt – 75018 Paris
Entry into force date: September 2017
The purpose of these general terms and conditions is to define the terms and conditions for the provision of services (hereinafter: the “Services“) proposed by Effency (“Effency“) and to define the rights and obligations of the Parties in that context.
The Services are offered either through the website www.effency.fr (hereinafter: the “Website“) or on quotation (hereinafter: a “Quotation“). The person using the Services is hereinafter referred to as a “User“”.
The present general terms and conditions are accessible and printable at any time by a direct link at the bottom of the page of the Website. They may be supplemented if necessary by conditions of use specific to certain Services.
They constitute, together with any special quotations and conditions, an indivisible contractual framework (hereinafter referred to as the “Contract“). In the event of contradiction, the provisions of the higher contractual document shall prevail, in ascending order of rank:
– The present general terms and conditions,
– Any special conditions,
– The potential Quotations.
The Contract shall prevail over any other general or specific conditions not expressly approved by Effency.
- General Terms and Conditions Acceptance
- Acceptance of the General Terms and conditions when using the Services on the website
When a User takes the Small Test defined in Article 3.2, his sole use of this Service entails his unreserved acceptance of the general terms and conditions.
When a User takes the Test defined in Article 3.2 or makes an order on the Website, his acceptance of the general terms and conditions is indicated by a checkbox in the registration form or in the order form.
- Acceptance of the General Terms and conditions when ordering Services on Quotation
Unless otherwise stated, any Quotation issued by Effency is valid for one month from its issue. Failing acceptance by the User within this period, the Quotation will lapse. The acceptance of the Quotation is carried out by the affixing of the signature of the User on the Quotation and its sending to Effency by any useful means, including by email.
Any acceptance of the Quotation, express or implied, implies unreserved acceptance of the present general conditions, in their version in force on the date of acceptance of the Quotation.
- Common provisions
Acceptance of these general terms and conditions can only be complete. Any agreement under reservation shall be considered null and void. Users who do not agree to be bound by these terms and conditions must refrain from using the Services.
- Description of Services
- Purpose of the Services
The Services have a professional purpose in that they offer tools and advice designed to foster the complementarity and collaboration of individuals in the context of teamwork. To this end, Effency proposes to the Users the Services which follow, in a form and according to the functionalities and means, in particular technical ones, which it deems most appropriate.
- Personality Test
Effency offers on its Website test (hereinafter “Test“) designed to analyse personality traits of individuals in the context of teamwork.
The Test requires that the User registers on the Website, by completing the form provided to that effect. The User must provide all information marked as mandatory. Incomplete registrations may not be validated.
The Test results are sent to the User by email at the address provided in the registration form. They are sent only to the User himself and in no case to a third party. When the Test is carried out as part of a Team Analysis, they are not sent to the Team Manager or the other members of the Team, as defined below.
- Team analysis
The purpose of the “Team Analysis” Service is to analyse the personality traits of all the individuals composing a given team (hereinafter a “Team“), in order to assess their potential for collaboration within this Team.
This Service must be ordered by the responsible team member (hereinafter: the “Team Manager“).
Once the payment has been made, the Team Manager must provide Effency (email@example.com) with the names of his/her team members who are going to take the Test. This is going to allow Effency to operate the Team Analysis.
The Team Manager must then invite his/her team members to take the Test.
The Test results shall be sent, for each member of the Team, solely to this Team member and in no case to the other Team members or the Team Manager.
When each team member has taken the Test, Effency carries out the overall analysis of the Team based on the Tests carried out by its various members.
The analysis report is sent to the Team Manager by email no later than 15 (fifteen) days after the whole team members has taken the test.
This report concerns only the Team as a whole and not its individual members.
- Custom accompaniment
Effency offers customized support Services for the creation and optimization of Teams, particularly in the form of advice or workshops.
These Services are provided on Quotation, which then indicates the precise object and the modalities of the Services (for example the place, time, object, duration and number of participants of a workshop).
- Other Services
Effency may offer any other Services as it may deem useful in such form and according to the functionalities and technical capabilities and facilities as it deems most appropriate.
- Financial conditions
- Prices and terms of payment
• Test : The Test is provided free of charge.
• Team analysis : The price of the Team Analysis Service is calculated by reference to the prices indicated on the Website on the day of the order. Effency reserves the right, at its sole discretion and on such terms as it may determine, to offer promotional prices or price reductions
The price is due and payable at the time of the order, by any means of payment proposed on the Website.
• Team analysis for more than 20 people and Services on Quotation : The price of these Services, as well as the amount of any expenses borne by the User (e.g. travel or accommodation costs) is Indicated in the Quotation. It is due and payable upon receipt of the invoice.
Invoices relating to the Services are communicated to the User by any useful means. If they have not already been paid online on the Website, they are payable by any useful means and especially by bank transfer, upon receipt of the invoice.
- Delays and Payment Incidents
The User is expressly informed and accepts that any delay in payment of all or part of an amount due on its due date will automatically entail, without prejudice to the provisions of Article 15 and from the day following the due date of the invoice:
(i) the immediate suspension of the Services until complete payment of all amounts due by the User;
(ii) the invoicing of late payment interests, for Effency’s benefit, at the rate of three times the French legal interest rate, based on the total amount owed by the User, and of a lump-sum of 40 (forty) € for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are greater than this amount.
- Evidence Agreement
The User acknowledges and expressly agrees:
(i) that the data collected on the Website and on Effency’s IT equipment are proof of the reality of the operations carried out hereunder,
(ii) that these data constitute the principal mode of proof admitted between the parties, in particular for the calculation of the amounts due to Effency.
The parties further agree that, in the event of a dispute, electronic documents exchanged between them (emails, text messages or i-messages) will be admissible before the courts and will show the data and facts contained therein.
- Obligations of the User
Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations.
- The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. He is solely responsible for the proper fulfilment of all formalities he may be subject to in connection with his use of the Services, including administrative, fiscal, social or similar formalities, or formalities relating to personal data. Effency shall in no case be held liable for failure to fulfil such formalities.
- Users who perform a Test must answer all the questions asked. If they don’t, the Test may not be finalized and won’t generate any result.
They must answer all questions in a sincere, accurate and complete manner.
- Only the User has access to the results of his Test (Small or Complete). It decides freely whether or not to circulate these results and is solely responsible for this possible circulation.
- It is the responsibility of the Team Leader to have the members of the Team he wishes to have analyzed pass the Complete Test, within the period of validity of the team code and after having transmitted to such team code to the members of the Team.
- Only the Team Leader with have access to the results of the Team Analysis. He decides freely whether or not to circulate these results and is solely responsible for this possible circulation.
- The User agrees to use the Services strictly personally. Consequently, it is prohibited to assign, grant or transfer any or all of the rights or obligations hereunder to any third party in any manner whatsoever.
- The User agrees to provide Effency with all information necessary for the proper performance of the Services. More generally, the User agrees to actively cooperate with Effency with a view to ensuring the proper performance of the Contract.
- The User shall not:
– Use the Website or the Services for any other purpose than that for which they were designed, as described in Article 3.1,
– Copy and/or divert the concept, technologies, Tests and more general information about any other element of the Services for its own or third party’s purposes.
– Monetize, sell or grant all or part of access to the Services or the Website, as well as information that is hosted and / or shared on the Website,
– seek to suspend, slow down or prevent the proper functioning of the Website, divert its system resources or intrude on or affect Effency’s equipment, in any way.
- The User acknowledges that the Services offer him an additional, non-alternative, solution to test and improve the collaboration between individuals in the context of teamwork and that they do not replace the other means the User may have to achieve the same purpose.
- User Guarantees
The User guarantees Effency against all complaints, claims, actions and / or grievances whatsoever, that Effency could incur as a result of a breach by the User in question of any one of its obligations or guarantees under the Contract. He agrees to compensate Effency for any prejudice suffered by it and to pay to it all costs, charges and / or convictions which Effency may have to bear as a result of such a breach.
- Effency’s Liability and Guarantee
- Effency undertakes to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
- The Test has been designed for the purpose described in Article 3.1 and constitute one element of appreciation in this respect.
The User is also expressly informed and agrees that:
– The Test is oriented exclusively on the team or collaborative work. It does not relate to the person as such or as a whole, but only to the way in which they collaborate with others on a team.
– The results of the Test are punctual and related to the moment when they are carried out. The same Test may produce different results when performed again by the same User at another time.
- Effency undertakes to preserve the confidentiality of the data gathered during the Tests and to communicate the results thereof only to the persons set forth in Article 3 for each of the concerned Services.
With regards to the Team Analysis Service, Effency undertakes that the Analysis Report shall relate to the Team as a whole and not to its individual members. Users are however expressly informed and agree that it is possible in certain cases that the results relating to the Team allow to indirectly identify the personality traits of one or several members of this Team, especially when the Team is reduced. Effency does not provide any guarantees as to the actual absence of identification of the members of the Team through the results relating to the latter.
- Effency undertakes to carry out regular checks to verify the operation and accessibility of the Website. In this respect, Effency reserves the right to temporarily interrupt access to the Website for maintenance reasons. Similarly, Effency shall not be held liable for any temporary difficulties or impossibilities to access the Website arising out of circumstances outside it, force majeure, or due to disturbances in the telecommunication networks.
- Effency does not warrant to Users that the Tests Services, being standard and not offered at the sole intention of a given User according to his own personal constraints, will respond specifically to his needs and expectations. It does not guarantee the relevance of the Test for a given User.
- Customized support Services are intended to provide key and general operating principles to improve the efficiency of collaboration between the different members of a Team. They do not, however, constitute coaching services for members of the Team, taken individually or collectively.
- In any event, the liability likely to be incurred by Effency hereunder is expressly limited to the only direct damage suffered by the User.
- Intellectual property
The tests, systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Effency are protected by all appropriate intellectual property rights or rights of database producers. All acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Effency are strictly forbidden and may be prosecuted.
- Personal data
Effency practices a policy of protection of personal data whose characteristics are explained in the document entitled ” Charte relative à la protection des données à caractère personnel “, which the User is expressly invited to read.
- Use of Data from Tests for Research and Statistics
The User is informed and agrees that Efficiency reserves the right to use the data from the Tests, after having anonymized them, for research purposes and for statistical purposes.
Effency reserves the right to insert on any page of the Website and in any communication to the Users any advertising or promotional messages in a form and under conditions of which Effency will be sole judge.
- Third Party Links and Websites
Effency shall not be held liable for the technical availability of websites or mobile applications operated by third parties (including potential partners) which the User may access via the Website.
Effency is not liable for the transactions between the User and any advertiser, professional or merchant (including any potential partners) towards which the User may be directed via the Website and cannot be party to any disputes with third parties concerning the delivery of products and / or services, warranties, declarations and other obligations to which such third parties are liable.
- Commercial References
The User of the Team Analysis Services or the customized Support Services expressly authorizes Effency to quote it and to use, where appropriate, the reproduction of its trademark or its logo as commercial references, in particular during events, in its commercial documents and on its website, in any form whatsoever.
- Contract Duration
The Contract shall take effect on the date of acceptance of the general terms and conditions set out in Article 2 for the duration necessary for the performance of the concerned Services.
- Breach Resolution
In the event that either Party commits a material breach of its obligations under the Contract and fails to cure such breach within 15 (fifteen) days after receiving formal notice thereof from the other Party, the Contract will be automatically and immediately terminated, without prejudice to any damages that may be claimed from the defaulting Party.
- Applicable Law and Jurisdiction
These general terms and conditions are governed by French law.
In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge thereof, unless otherwise mandatory rules of procedure.
These general terms and conditions have been written in French (French version may be accessed at ()) and translated in English. The language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.