Our terms and conditions of sale and use

Article 1 : Legal information

Terms and Conditions of Sale and Use of Business Digest, an incorporated company with a capital of €38.113, whose head offices are located at 10 Villa Alexandre Ribot, 75019 Paris and is registered with the Paris Trade and Companies Register under the number 384 152 971.

Article 2 : Field of application

The Terms and Conditions of Sale included herein represent the sole basis for any commercial relationship between the parties, in accordance with Article L 441-1 of the [French] Commercial Code.

Their aim is to define the conditions under which Business Digest (“the Publisher”), a company specializing in the publication and broadcast of content specifically connected to management, strategy, human resources, conduct and the organization of a company (“the editor”) provides professional customers (“the Customer or Customers”) who so request, with a paper and/or digital version of its publications and journals (“the Products”).

They apply, without limitation or qualification, to all Products provided by the Publisher to Customers of the same category, whatever clauses may figure in the Customer’s documents, and, in particular, their general terms and conditions of purchase.

Article 3 : Accepting the terms and conditions of sale and use

In accordance with current regulations, these Terms and Conditions of Sale will automatically be communicated to all Customers who so request, thus enabling them to place an order with the Service-Provider. By placing an order for any Services, the Customer is deemed to have accepted these Terms and Conditions of Sale. 

In accordance with current regulations, the Service-Provider reserves the right to depart from some of the clauses in these general Terms and Conditions of Sale, subject to negotiations carried out with the Customer and the drawing up of Special Terms and Conditions of Sale. 

Furthermore, the Service-Provider may draw up category-based Terms and Conditions of Sale, deviating from these Terms and Conditions of Sale, depending on the type of Customer, determined according to objective criteria. In this case, the Categorical Terms and Conditions of Sale will apply to all Customers meeting said criteria. 

Article 4 : Intellectual property rights

The content of Products (articles, comments, illustrations, and images etc.) is protected worldwide by copyright and, where required, by data protection law where the Publisher is the producer. Thus this content may not, under any circumstances, in whole or in part, be copied, represented, loaned, exchanged, or ceded, nor may data be extracted in whole or in part, and/or transferred to another support, nor may the content be altered, adapted, arranged or transformed, in whole or in part, other than under the conditions that follow.

 

The Customer only has the right to make personal use of the content; any transfer of property rights of any kind whatsoever is excluded, and content may only be reproduced and represented as authorized under the Intellectual Property Code, strictly for personal benefit and professional use, in the sole context of enriching a client file. Furthermore, the Customer will refrain from recreating the database or databases, and from rebroadcasting their content, for whatever reason and, more generally, from harming, the Publisher’s rights, directly, indirectly or through third parties, in any way whatsoever.

Article 5 : Access to the website and subscriptions

The Customer gains access to Business Digest’s editorial content by taking out a subscription.

Subscription means creating a user account and a password with which the subscriber will identify themselves. The username and password are strictly for the subscriber’s personal use. These give the subscriber access to editorial content and enable the subscriber to renew or amend their on-going contracts with Business Digest and consult their subscription archives.

All current subscription offers and pricing conditions are explained in detail on the Business Digest website. 

Article 6 : Individual subscriptions

Individual subscription packages enable the subscriber to access all Business Digest content in its entirety. The subscriber will enjoy personal access to the service for the duration of the subscription chosen by them when they subscribe. This period will be renewed automatically, unless notification is given before the active period expires in accordance with the conditions laid out below. The individual subscriber undertakes to keep their connection details confidential. 

There are two individual subscription offers:

– Digital: The subscriber has access to all Business Digest content in its entirety, in digital form, in French and English.

– Premium: The subscriber has access to all Business Digest content in its entirety, in digital form, and receives a print magazine in French by post every quarter.

Subscription duration:

Monthly no commitment 

The individual monthly subscription runs for an undetermined period, with no minimum period required. The Customer may request cancellation by contacting Business Digest either through their personal space on the website, or by email, contact@business-digest.fr or by recorded delivery letter, by the 10th day of the active month. Cancellation will be effective from the last day of the active month. In the absence of a request, the subscription is renewed on the same premises as the previous month. In the event of cancellation, a monthly subscription with no minimum subscription period required may not be taken out again within 18 months of said cancellation.

Annual – 12-month commitment

The annual individual subscription is taken out for a period of twelve (12) calendar months whatever the date of the beginning of said subscription. The subscription will be renewed, at current rates, by tacit agreement for a period of twelve successive months, unless the subscriber issues a termination notice two months before the end of the active subscription period, either via their personal space on the website, by email, contact@business-digest.fr or by recorded delivery letter.

Article 7 : Group subscriptions

The group subscriptions offer enables any legal entity (organization, association, company, administration, or local authority, etc.) as a Customer to sign up for multiple subscriptions for multiple users (members, employees, etc.). Group subscriptions are the subject of specific contracts and rates.

 

The annual group subscription is taken out for a period of twelve (12) calendar months whatever the date of the beginning of said subscription. The subscription will be renewed, at current rates, by tacit agreement for a period of twelve successive months, unless the Customer issues a termination notice two months before the end of the active subscription period, either via their personal space on the website, by email, contact@business-digest.fr or by recorded delivery letter.

The Customer designates authorized users who are given their own access rights (“Authorized Users”).

The Customer acts as guarantor that each of the Authorized Users accepts these Terms and Conditions of Sale and Use, assuming full liability. 

Group subscriptions are due in whole for the duration of the subscription, for the number of Authorized Users indicated in the contract, regardless of whether or not the Authorized Users actually make use of their subscription.

Article 8 : Promotions

Business Digest will offer promotions from time to time for limited periods, including free access to all or part of the website, to give people a chance to get to know it. 

Article 9 : Payment

The cost of the subscription is due immediately it is taken out or upon renewal, whether individual or group. 

The Customer is the sole person liable for all sums due in relation to the subscription. Business Digest offers several payment methods: via direct debit from a bank account, by bank card, or through SEPA transfers. 

Article 10 : Rates

The rates are available on the Business Digest website, given in euros and excluding taxes. They do not include costs relating to equipment and any electronic communications required for the subscription and use of the services; these costs are to be met by the Customer. 

Article 11 : Failure to pay

In the event of payment by bank card or SEPA bank transfer being unsuccessful, apart from in the event of theft, Business Digest’s secure payment service-provider will resubmit the payment for up to seven (7) days following the first payment attempt. 

However, in the event of repeat failure, whatever the payment method chosen, and should reminders fail to achieve results, Business Digest reserves the right to suspend the fulfillment of its own obligations, even going so far as to erase the account, without becoming liable or the Customer having the right to demand a credit note or reimbursement.  

Article 12 : Rules of use, rights and responsabilities

The creation of a user account does not, of itself, accord any rights. It is a declarative procedure enabling the User’s details (status, surname, first name, and email etc.) to be inputted. It is up to the user to provide correct details and to update them should they change, via their personal space. 

Based on this information, the account is linked to a “username”, an email address, and a “password” chosen by the User. These are strictly personal to the subscriber. Each user agrees and accepts that any use of the Products via their account is deemed to be their responsibility, with their agreement, and strictly for their own use. Passing use and access details to a third party is strictly forbidden. After a first warning, failure to abide by this rule will lead to the temporary suspension of their subscription, and possibly a termination should the infringement be repeated. 

In the event the User forgets their password, they may apply for it to be reset using the “Forgotten your password?” feature. In the event the password is accidentally divulged or stolen, the User should reset it with a new one as soon as possible, and inform Business Digest’s subscriptions department by sending an email to contact@business-digest.fr

Business Digest’s subscriptions department will deactivate the usurped access codes, but only at the request of the subscriber. The User should then choose a new password and, possibly, a new username. 

Should prompt action not be taken, the account holder will be held liable for any loss, theft, misappropriation, or unauthorized use of the access codes, and any consequences arising thereof. 

Article 13: Publisher's liability - guarentee

In accordance with legal statutes, the Publisher guarantees the Customer against any non-compliance of the Products arising from a design fault or failure to provide said Products, excluding any negligence or fault on the part of the Customer.

The Service-Provider is only liable in the event of proven fault or negligence, and liability is limited to direct prejudice, and excludes all indirect prejudice of any sort.

In order to exercise their rights, the Customer must inform the Publisher, in writing, of the existence of a flaw within no more than seven (7) days of discovering said flaw, or risk forfeiture of any relevant action being taken.

The Publisher will correct, or have corrected, the Products deemed faulty, at their own expense, in an adequate manner, agreed by the Customer.

In any event, should the Publisher be held liable, the Publisher’s guarantee is limited to the amount (including taxes) paid by the Customer for the supply of the Products.

Article 14 : Imprevision

As part of the supply of Products by the Publisher to the Customer subject to these Terms and Conditions of Sale, should the Publisher or the Customer wish to raise an unforeseeable circumstance as defined in Article1195 of the Civil Code as follows: a change in economic circumstances surrounding the sale agreement having a significant, unfavorable impact on that agreement, there is an obligation to first try to seek arbitration. Neither the Publisher nor the Customer may refuse to negotiate. This arbitration suspends the limitation period and the obligations of the Parties relating to the supply of Products affected by the unforeseeable circumstances throughout the period of arbitration. However, after 30 days the attempt at arbitration will be deemed to be over. Any referral to the courts in violation of this arbitration clause constitutes an outright dismissal, rendering the action inadmissible.

Should the renegotiation prove successful, the Parties will immediately draw up a new order, formalizing the result of the renegotiation for the supply of Products concerned.

Should the renegotiation fail, the Parties may, in accordance with the provisions of Article 1195 of the Civil Code, jointly request a judge to either terminate or revise the contract.

Article 15 : Enforced performance in kind

By derogation of the provisions of Article 1221 of the Civil Code, the Parties agree that, in the event of one or other of the Parties failing to meet their obligations, the Party prejudiced by this failure may not seek enforced performance.

Article 16: Proportional price reduction in the event of imperfect contractual performance

Should one of other Party fail to fulfill their contractual obligations, the creditor may invoke Article 1223 of the Civil Code. In this event, the debtor will receive formal notice by recorded delivery with acknowledgment of receipt to fulfill said obligations. If, after 30 days, the creditor has not received full or partial payment, they may notify the debtor as soon as possible of their decision to accept an imperfect contractual performance and reduce the price proportionally.

The debtor’s acceptance of the creditor’s decision to reduce the price must be made in writing.

Should the Parties fail to reach agreement on this proportional price reduction, the reduction shall be determined by an expert in accordance with the conditions of Article 1592 of the Civil Code.

In the event the creditor of the contractual obligation has already paid for the service, in whole or in part, they may request a price reduction from the courts in the absence of an agreement between the Parties.

Article 17: Defense of non-performance

The reader is reminded that by applying Article 1219 of the Civil Code, each Party may refuse to carry out their contractual obligations, even when they become due, if the other Party has not carried out theirs, and, if that non-performance is sufficiently serious, in other words that is likely to place the continuation of the contract in jeopardy or fundamentally upset its economic parity. The suspension of performance will take place immediately, as soon as the defaulting Party receives notification of their breach. This notification will be sent by the Party injured by the breach, indicating their intention to apply the defense of non-performance until the defaulting Party remedies the identified breach. This notification will be by way of recorded delivery letter with acknowledgment of receipt, or any other lasting, written support for which proof of sending can be shown.

This Defense of Non-Performance may also be invoked as a preventative measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfill their contractual obligations when they become due, and that the consequences of this non-performance will be sufficiently serious to the Party injured by the breach.

This prevision is used at the risk of the Party initiating it.

The suspension of performance will take effect immediately the Party presumed to be in breach receives notification of the intention to invoke the preventative Defense of Non-Performance and until the Party presumed to be in breach fulfills the contractual obligations for which a future default appears manifest. This notification will be by way of recorded delivery letter with acknowledgment of receipt, or any other lasting, written support for which proof of sending can be shown.

Article 18 : force majeure

The Parties may not be held liable if the non-performance or delay in performance of any one of their contractual obligations, as described in this document, is due to a force majeure, as defined in Article 1218 of the Civil Code.

The Party suffering the force majeure must notify the other Party immediately of the impossibility of providing the service and provide the other Party with evidence to that effect. The suspension of contractual obligations may, in no event, cause liability for non-performance of a contractual obligation, or lead to the payment of damages and interest or penalties for the delay.

The performance of the contractual obligation is suspended for the duration of the force majeure if it is temporary and may not exceed a period of 60 days. Consequently, as soon as the cause of the suspension of their reciprocal obligations is over, the Parties will do all in their power to resume the normal performance of their contractual obligations as quickly as possible. To this end, the Party suffering the force majeure will inform the other Party that they are resuming their contractual obligations by recorded delivery letter with acknowledgment of receipt or any other extrajudicial document. If the impediment is definitive or exceeds a period of 60 days, these Terms and Conditions will simply be canceled in accordance with the modalities laid out in Article “Cancellation due to a Force Majeure”.

Article 19 : Cancellation of the contract

Cancellation due to a force majeure

Lawful cancellation due to a force majeure may only occur 15 days after sending a recorded delivery letter with acknowledgment of receipt or any other extrajudicial document.

 

Cancellation due to one Party defaulting on their contractual obligations

In the event of one or other of the Parties defaulting on the following contractual obligations:

–  paying on time for Products ordered by the Customer

–  delivery on contractual time of Products to the Customer

This contract may be lawfully canceled as the injured Party wishes, 15 days after an official warning has been sent out to no, or only partial, avail. The warning can come in the form of a recorded delivery letter with acknowledgment of receipt or any other extrajudicial document.

This warning should include the intention to invoke this clause.

In any case, the injured Party may seek damages and interest through the courts.

Article 20 : Personnal data

Authorized personal data gathered from Customers and Users is subject to computerized processing by Business Digest. Data is stored on the Customer’s files and is essential to the processing of the Customer’s order. Personal data and details are also stored for security reasons and to comply with legal obligations and regulations. They will be stored for as long as necessary for orders to be filled and any guarantees that may be applicable.

Business Digest is in charge of processing data. Access to personal data will be strictly limited to Business Digest employees, authorized to handle data due to their post.

Business Digest will refrain from selling, leasing out, ceding, or giving access to the data to third parties without the prior permission of Authorized Users and Customers, unless forced to do so for legitimate reasons.

In accordance with applicable regulations, the Customer and Authorized Users have the right to access, correct, and remove data relating to them, and the right to object to their data being processed for legitimate reasons. These rights may be exercised by contacting the head of data processing at the following address: ftollet@business-digest.fr. In the event of a complaint, the Customer and/or Authorized Users may lodge a complaint with the CNIL, the French National Commission for Data Protection and Liberties.

Article 21 : Amendments to the T&CS of Sale/Use

Business Digest reserves the possibility to adapt or amend these T&Cs at any time. Should this happen, the new Terms and Conditions will be made known to the user by an online amendment on the website. 

Article 22: Agreeing to the terms and conditions of sale and use

Signing up for a subscription or registering with the Business Digest website to benefit from a promotion or free content implies these Terms and Conditions of Sale and Use have been read and accepted by the beneficiary. 

Article 23 : Disputes

Any disputes to which this contract and the agreements resulting from it could give rise, concerning their validity, interpretation, execution, resolution, consequences, and ramifications will be submitted to the Paris tribunal. 

Article 25 : Language of the contract : applicable law

These Terms and Conditions of Sale and the transactions arising from them are governed by French law. They are drawn up in French. Should they be translated into one or more other languages, only the French text will be admissible in the event of a dispute.