GENERAL CONDITIONS OF SALE

Preamble:

The present general conditions of sale are concluded between, on the one hand, the company LIVE.DIGITAL with a capital of 89 063 euros, whose head office is located at 113, rue de la République 13002 Marseille, registered in the Marseille Trade and Companies Register under the number 840 717 102, hereinafter referred to as " the Company ", and, on the other hand, any individual or legal entity wishing to proceed with a purchase via the website of "the Company", hereinafter referred to as " the Customer ".

LEGALCITY is a SAAS service specialized in legal and administrative assistance for entrepreneurs and small businesses.

Legalcity offers on its website a portal of services and documentation specially adapted to small structures. Its services are divided into 3 main categories (CREATION, MANAGEMENT and PROTECTION). They are either offered directly by Legalcity or provided through one of our selected partners.

These services are described in Article 1 hereof.

LEGALCITY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE.

In accordance with the applicable regulations and, in particular, the provisions of the law of December 31, 1971 as amended, LEGALCITY, its managers, employees and partners do not engage in any legal consulting, drafting of private deeds or representation. You acknowledge that you create your own Documents, without the advice of a legal professional. For any legal consultation, you acknowledge that it is mandatory to contact (through the Site or by any other means) a lawyer or any other person authorized by law to provide legal advice. The Site and/or the Services offered on the Site are not a substitute for legal advice.

Article 1. Services offered

1.1 Business creation and modification service

LEGALCITY provides its users with forms allowing the creation of legal acts for the creation and modification of companies.

1.2 Administrative formalities for the creation and modification of a company

LEGALCITY offers to carry out administrative formalities with the clerks of the commercial courts, the Centres des Formalités des Entreprises (CFE) and the prefectures.

In the case of the creation of a company or association, whose articles of association have been prepared jointly from the information provided in our forms, the User may entrust LEGALCITY with the preparation and filing of the registration file.

This service is subject to a fee according to the rate displayed on the site. The registration file will be drafted from the information provided by the User on the LEGALCITY website.

The filing of the constitutive files of companies with the clerk's office or of associations with the prefecture is carried out only after reception of the complete file by LEGALCITY.

The file is considered complete when all the required information has been filled in, the documents have been duly signed and the supporting documents have been duly sent.

LEGALCITY is not responsible for verifying the conformity and validity of the information provided by the User, nor for advising the User on the possible correction of his/her file.

LEGALCITY cannot be held responsible in the event of partial or complete refusal of the file by the clerk's office or the prefecture.

The constitutive file is sent within 48 working hours from the reception of the documents. LEGALCITY is not responsible for the delay in response from the registry.

If, as a result of changes subsequent to LEGALCITY's receipt of the complete file (for whatever reason), additional costs are payable to third parties, LEGALCITY reserves the right to claim these costs from the User and to suspend the procedure in progress pending full payment of the sums claimed.

1.3 Legal notices

Legalcity offers a service to help you write legal notices. This service is provided by SEPAP - Affiches Parisiennes - SA with a capital of 576,000 euros - registered in the Paris Trade and Companies Register under number 572 227 593.

The service consists in selecting a type of legal announcement in order to obtain the corresponding model, to complete and validate the announcement, to choose the press support as well as the date of publication and to obtain the certificate of publication after having paid the announcement.

In the case of a company creation, for which the articles of association have been prepared jointly on the LEGALCITY website, the User has the possibility of entrusting LEGALCITY with the preparation and publication of the mandatory legal announcement.

In this case, the legal announcement will be drafted from the information provided by the User on the LEGALCITY website when preparing the articles of association. LEGALCITY reserves the right to draft the legal announcements as concisely as possible.

The legal announcement will be sent to the press medium chosen by the user when placing the order. LEGALCITY does not verify the conformity or validity of the information provided in the legal announcement. It is the User's responsibility to verify his/her personal data before Confirmation.

LEGALCITY cannot be held responsible in the event that the legal announcement is refused by the newspaper that publishes the announcement and/or by the clerk's office.

If, due to modifications subsequent to the Confirmation, a new legal notice or a correction should be published, this will be charged 100% to the User.

1.4 Debt Collection Service

LEGALCITY acts as an agent in the name and for the account of a Client or principal who entrusts it with the mandate to collect his debts. Within the framework of this contract, both in France and abroad, Legalcity also provides the Client with a range of tools enabling it to proceed with amicable and judicial collection. The Client selects the service(s) he wishes to order.

The deadlines for the completion of Collection Services vary as specified in Section 7.5 (Legalcity's Liability - Collection Services).

1.4.1 Subscription service for debt collection for VSEs and SMEs

LEGALCITY offers debt collection services on a subscription basis. The client selects the service according to a monthly periodicity tacitly renewed or according to an annual periodicity. At any time, the customer can cancel his subscription on the website. The debts entrusted before termination remain to be collected by LEGALCITY.

1.4.2 Subscription service for debt collection offered by accounting firms, law firms and consulting firms

LEGALCITY offers to Chartered Accountants, Law Firms and Consulting Firms, a subscription solution to amicable and judicial collection services for their clients. By agreement, the client sends LEGALCITY the invoices to be collected from his clients and will be invoiced for the services provided by LEGALCITY in case of success. The client will receive 100% of the sums recovered by LEGALCITY and will remain in control of the re-invoicing of the service to its clients. The client expressly accepts that LEGALCITY may contact the client on his behalf, within the framework of the collection services ordered.

The deadlines for the completion of Collection Services are variable as specified in Section 7.5.1 (Legalcity's Liability - Subscription Collection Services).

1.5 Trademark registration

LEGALCITY offers to carry out the formalities of trademark registration with the INPI through the law firm Witetic. This service offer can include the following services:

1.5.1 Customized deposit with advice and support

  • Accompaniment of the lawyer on the choice of your classes
  • Appropriate legal advice
  • Recall of the lawyer within 24 hours
  • Personalized follow-up of your request
  • Drafting of a customized wording by the lawyer
This assistance is based on the information you have provided on the legalcity.fr website and the interview you will have with one of Witetic's lawyers. If, at the end of this telephone interview, it appears, at first sight, that your trademark project may not be feasible (for example, lack of distinctiveness or apparently doubtful availability) and that :
  • you decide to abandon your filing project, LEGALCITY will reimburse you the amount actually paid minus a lump sum of 120 Euros (excluding VAT) corresponding to the time spent by the lawyer to give you advice
  • you decide to modify your trademark project after your telephone conversation with the Witetic lawyer, no additional amount will be charged to you within the limit of a conversation that cannot exceed 45 minutes
In any case, any telephone conversation or written consultation following this first meeting will be invoiced by Witetic's lawyers at an hourly rate of 180 Euros (excluding VAT) or according to a specific fee agreement of which LegalCity has no knowledge.
A filing made according to the "choice of classes" service includes only an extract of the general title of the class selected with you according to the International Classification of Nice in force at the time of filing.

A filing made according to the "customized wording" service includes the preparation of a single specific wording established by the lawyer following your telephone conversation. If changes/additions/deletions are made, additional fees will be charged. It should be noted that INPI examiners may have a different interpretation of the International Classification of Nice, so no guarantee can be given as to whether or not a "tailor-made wording" will be accepted.

1.5.2 Simple registration : Protection of your trademark in France

  • Registration of your trademark in 1 to 3 classes
  • Sending of a receipt of deposit
  • Sending the publication to the BOPI

The amounts indicated for these services do not include the costs and fees of Witetic's attorneys in case of formal or substantive objections, opposition, translation, etc., as well as those necessary for the preparation and sending of the registration certificate and reminder of deadlines. They also do not include the costs and fees (including the payment of official fees) for the extension of your trademark protection to French Polynesia and New Caledonia.

1.5.3 Priority searches

You also have the possibility of requesting an anteriority search prior to your trademark registration. This search is often recommended because the financial consequences of an opposition by a trademark already registered can be disastrous. The lawyer in charge of your trademark search will offer you an analysis of the risk of its use.

This additional service is subject to an additional estimate.

As far as Priority Searches are concerned, the Service is exclusively available for word marks, excluding figurative marks (logos, drawings.). In case of semi-figurative marks (combination of a verbal and a figurative element), the Priority Search is only available for the verbal element.

The different types of searches available are as follows:

Basic search : Legalcity provides you with the results of a search carried out on the INPI database and dealing exclusively with trademarks containing a verbal element that is strictly identical to the verbal elements searched for, it being understood that the existence of so-called similar trademarks, i.e. those whose terms are similar in terms of spelling and/or phonetics, without however being exactly identical to the verbal elements searched for, is not covered by this search

Complete" search: Legalcity provides you with the results of an alphabetical and phonetic similarity search performed for the classes you have selected through the Witetic solution, based on a complex sequence of recursive algorithms that vary according to the position of the characters and the length of the verbal elements searched for, and that include additions, deletions, substitutions, and/or combinations of characters, vowels, consonants, or syllables in common, as well as several other phonetic, alphabetic, and conceptual criteria.

Searches carried out through the Witetic solution are based on the databases of the INPI (French trademarks), the EUIPO (European Union trademarks) and WIPO (international trademarks).

1.5.4 Monitoring Reports

Legalcity can provide you with a monitoring report that lists the results of a search performed through the Witetic solution based on an algorithm that allows the identification of identical or similar trademarks filed after the filing of your trademark. The algorithm analyzes the presence of phonetic or orthographic similarities with the monitored verbal elements (i.e. the single element of a simple mark or the most important terms of a mark composed of several words) as well as any variations of prefixes, infixes, suffixes, vowels and consonants, the existence of plurals, abbreviations and acronyms in relation to the monitored mark. Trademark Watch Reports are available exclusively for word marks, excluding figurative marks (logos and designs). In the case of semi-figurative marks (combination of a word element and a figurative element), the search results are only available for the word element.

Searches performed through the software are based on the databases of the INPI (French trademarks), the EUIPO (European Union trademarks) and the WIPO (international trademarks).

1.6 Drafting service of GTC / GCU / Legal Notice

The General Terms and Conditions of Sale(GTCS) are the online contract by which the professional offers on its website the sale of goods or the provision of services.

The General Terms of Use(GTU) govern the use of the various features offered by the platform to users.

The legal notices meet the information obligations of the user of an Internet site.

Witetic offers personalized services that are adapted to each situation according to your needs:

Terms and Conditions of Use  

  • Drafting of Terms of Use in compliance with the law (terms of use of a site, a platform or an application, protection of intellectual property, guarantees and responsibilities, use of personal data)
  • Drafting of the Legal Notice.

Terms and Conditions of Sale

  • Drafting of customized "BtoC" and "BtoB" general terms and conditions (ordering procedures, payment procedures, return and refund procedures, guarantees and responsibilities, use of personal data, consumer law),
  • Translation and adaptation of the GTC into English

After filling in the online form provided by LEGALCITY, Witetic will contact you to discuss your business and propose a tailor-made draft.

1.7 RGPD advice

LEGALCITY offers to help you comply with the imperative provisions of the RGPD (General Data Protection Regulation) through Witetic. Its "tailor-made" services are based on the following axes:

  1. RGPD Awareness
  2. Audit and mapping
  3. Implementation of the Privacy Policy
  4. Review of your contractual terms and conditions
  5. Assistance from your DPO (including setting up your Register of Processing and your processing sheets)
  1. The awareness will be done in the form of personalized interviews. A presentation will be given at the end of this training.
  2. In order to measure the impact of the European regulation on the protection of the data you process, Witetic will help you to make a precise inventory of your personal data processing.
  3. Based on this audit, Witetic will identify with you the actions to be taken to comply with current and future obligations.
  4. If you already have a contractual corpus, Witetic will propose adequate and compliant clauses for each of these contracts.
  5. To ensure a high level of personal data protection at all times, internal procedures will be established, after discussion, with the firm Witetic which will also help you constitute and gather the necessary documentation.

A pre-qualification form is available on the Legalcity website at the following address: https: //Legalcity.fr/mise-en-conformite-rgpd/

1.8 Legal Information Service

1.8.1 Content of the Legal Information Service

The Legal Information Telephone Service allows you to contact a call center staffed by lawyers to obtain answers to the following legal questions

"Executive and collaborating spouse

  • Heritage
  • Retirement
  • Personal taxation
  • donation/transmission
  • Matrimonial regimes
  • Sonship
  • Succession
  • Life insurance
  • Tax exemption
  • Civil and criminal liability

Real Estate" field

  • Commercial and residential leases
    • Rental management
  • Subletting
  • Work
  • Change of use of a premises

Employee relations" area

  • Employment contract (apprenticeship, sandwich course, permanent contract)
  • Recruitment (obligations and assistance)
  • Compensation
  • Payroll (expenses, benefits in kind)
  • Training
  • Working hours
  • Dismissal and disciplinary power
  • Health and safety
  • Collective agreement
  • Contributions
  • Exemptions
  • Workplace accident
  • Disease
  • Control by agencies

Commercial" field

  • Import/export formalities
  • Customs
  • Commercial documents
  • Advertising (rules)

Finance and Taxation" area

  • Credits
  • Relations with banks
  • Business tax
  • V.A.
  • S.F.
  • Corporate income tax
  • Development aids
  • Unpaid
  • Contractual liability
  • Transfer of a business

Administrative Law" field

  • Call for tenders
  • Environment
  • Urbanism
  • Corporate law
  • Judicial liquidation procedure
  • Turnaround
  • Industrial and intellectual property

Other

1.8.2 Access to the Legal Information Service

The Legal Information Service is provided by DailyDroit, a simplified joint stock company with a capital of 100,000 euros, whose registered office is located at 66, rue Victoire, 75009 Paris, registered with the Paris Trade and Companies Register under No. 819 756 966.

The Legalcity Hotline is provided in the form of a simple questionnaire available on the site allowing the user to ask a question. Each question submitted via the form is answered within 24 hours by an expert who provides an answer by phone and email.

1.9 Business plan writing service

Legalcity offers an online business plan service. This Service is provided by The Business Plan Shop Ltd, a company registered under English law number 8367118 whose registered office is at 20-22 Wenlock Road, London N1 7GU.

1.10 Legal Documentation Service

For all your legal documentation needs, Legalcity offers you the possibility to contact Francis Lefebvre Editions, SAS with a capital of 241,608 euros registered at the RCS of Nanterre under the N° 414 740 852 - 42, rue de Villiers - CS 50002 - 92532 Levallois-Perret Cedex.

1.11 Solvency Report

Legalcity offers credit reports by the unit. These reports are generated automatically and take into account the information available at the time of the order. The price of these reports is displayed on the site at the following address: https: //legalcity.fr/rapport-de-solvabilite/. Credit reports contain information that allows the customer to get an idea of the creditworthiness of a company. They are provided for information purposes only.

This information is provided as an obligation of means and not of results. Legalcity does not guarantee in any way that it is up to date or accurate.

The client recognizes that this is only an aid to decision making and can in no way hold Legalcity responsible for any consequences related to the use of this data. The user who wishes to act on the basis of the data provided must make all the usual verifications.

The data contained in the credit reports are provided by Legalcity and by the company CREDITSAFE, whose registered office is located at 122 rue de Tourcoing 59100 Roubaix under the SIRET number: 489 724 245 000 35.

Content of credit reports for all French companies:

  • Legal information.
  • Credit score.
  • Recommended credit limit.
  • Risk indicator.
  • Collective procedures: safeguard, recovery and liquidation.

The optional data mentioned above is subject to the information available. The customer acknowledges that the absence of data cannot be the subject of a refund request.

A credit report is tracked for one (1) year from the date of the Order.

Data subject to one-year follow-up:

  • Risk indicator.
  • Collective procedures: safeguard, recovery and liquidation.

Legalcity will make its best efforts to provide these updates, without however making any commitment of result.

Article 2. Ordering Services

The offers of Services proposed on the Site are valid, in the absence of indication of particular duration, as long as they are available on the site https://legalcity.fr.

To order one of our services or to be put in contact with a Partner, you must select the service on the Site, accept the General Terms and Conditions of Sale as well as our Privacy Policy, make the payment under the conditions provided for in Article 4 (Payment and billing terms) below. Your account will be created automatically after placing your order.

Any Order implies your express agreement to the beginning of the execution of the Services by Legalcity.

Any modification of the Order will be subject to Legalcity's approval.

Section 3. Price of the service

The prices appearing on the site are prices without tax in euro and do not take into account the VAT applicable on the day of the order. Any change in the rate may be reflected in the price of the services offered.

The company reserves the right to modify its prices at any time, being however understood that the price appearing on the website the day of the order will be the only one applicable to the customer.

Article 4. Payment and billing

The User places an order with Legalcity directly on its website by following the order procedure. Orders placed are irrevocably binding on the User. All orders placed with Legalcity will be confirmed once the payment is made.

You can pay for your purchases:

  • By credit card. Legalcity uses the secure payment service provided by Stripe, Inc. Confidential data is transmitted directly and securely via SSL protocol to the server of Stripe, Inc. Legalcity does not have access to this data.
  • By bank transfer. When you place your order, we will provide you with the bank details of the Legalcity account to which the transfer should be made, as well as your file number to be indicated in the transfer order. Orders are processed within a maximum of 48 hours following receipt of the transfer.
  • By check to Legalcity SAS - 113 rue de la République - 13002 Marseille

Within the framework of our amicable collection service, you commit to :

  • pay the success fee in the case of a total or partial recovery of the amount of the unpaid invoice(s) indicated in your form. Legalcity's success fee is 9% of the amount actually recovered or announced for collection once the initial contacts, confirmations and settlement agreements have been announced and finally realized.
  • pay collection costs such as postage, court fees in the event of filing an application for an order to pay and, where applicable, bailiff's fees.

Success fees can either be paid :

  • by simple deduction from the sum recovered by our services in the case of a payment made directly to our escrow account. In this case, we will send you a payment equal to the amount of the recovered sum minus the success fee.
  • By credit card, check or transfer in the case of a payment made directly to your bank account.

Each order paid directly on our site will generate a confirmation e-mail containing a link to view your order and download your invoice.

The subscription price of the Subscriptions will be invoiced monthly or annually on the anniversary date, and each new invoice will be available in your customer area on the "my orders" page.

Our subscriptions can be cancelled at any time with a simple click. Any cancellation occurring during a period already subscribed will not be refunded on a prorata temporis basis.

Article 5. Customer area - My account

Your use of the Site and all or part of the Services is conditional upon the creation of an account on the site https://www.Legalcity.fr, resulting in the acceptance of these Terms of Use and our Privacy Policy.

The creation of an Account is open to any natural person (at least 18 years old and enjoying full legal capacity) or legal entity legally constituted and acting through a duly authorized representative.

To create an Account, you must enter your email address and a secret, personal and confidential password. You are responsible for the accuracy and updating of the information you provide. You can access and modify your information at any time in your "My Account" area.

You may permanently close your Account at any time by sending an email to service-client@Legalcity.fr.

In case of non-compliance with these Terms and Conditions, Legalcity may suspend or close your Account at any time after sending you an e-mail.

In the event of fraud or attempted fraud, Legalcity may suspend or terminate your Account, at any time, as of right and without any formality, including if Legalcity has reasonable grounds to believe that:

  • pretend to be any other person or entity or misrepresent your identity; or
  • you engage in inappropriate or improper conduct on the Site or in connection with the use of the Services and your relationship with Legalcity's web site collectors
  • you denigrate or make accusations that could jeopardize the relationship with Legalcity's external service providers.

Any closure of your Account will result in the permanent deletion of the information communicated to Legalcity at the time of opening or updating your Account, of all Documents and other elements stored on the Site in your "my Account" space, as well as, if applicable, of any document or content that you may have published, uploaded or made available on the Site. It is therefore strongly recommended that you save, on your computer or on an external hard drive, all Documents, information and other items stored on the Site in your "my Account" space.

The closing of the account will be preceded by a letter with acknowledgement of receipt which will define the modalities of the closing of the files and the reimbursement of the sums received as advances and provision. The services paid or the provisions paid and not entirely consumed will be reimbursed within a maximum period of 15 days after the reception of the cancellation letter sent to the client at the initiative of LIVE.DIGITAL's management.

Article 6. Claims

Claims should be addressed to :

LIVE.DIGITAL
113, rue de la République
13002 Marseille

or to the following e-mail address: service-client@Legalcity.fr

Any complaint must be notified by email or post within a maximum of 90 working days from the date of your purchase on the Website. LEGALCITY will only take into account claims relating to its Services. LEGALCITY will not be able to respond favorably to complaints concerning a change in your decision regarding the opportunity or interest in creating a particular Document or carrying out a particular Formality, the results produced by the Documents created or the Formalities carried out on the Website, additional delays for the completion of certain formalities due to the lack of responsiveness or additional requests from certain administrations (registries, prefectures, etc.) or specific circumstances (holidays, bridges, strikes, etc.).

Article 7. Responsibility of Legalcity

7.1 Access to the Site and Services

Legalcity will do its best to ensure access to the Site, availability of the Services and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the Site or Services may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service. Legalcity will endeavor to limit the frequency and duration of such suspensions or limitations.

Legalcity is not responsible for (i) losses that were not caused by its fault, (ii) commercial losses (including loss of profit, earnings, contracts, expected savings, data, goodwill or unnecessary expenses), and (iii) losses, indirect or consequential, that were not foreseeable when you began using the Site.

Legalcity will not be liable for any delay or inability on your part to meet your obligations under these Terms of Service if the delay or inability results from a cause beyond our reasonable control. This condition does not affect your right to have the Services provided within a reasonable time or to receive a refund if the Services ordered cannot be delivered within a reasonable time due to a cause beyond our reasonable control.

7.2 Drafting of business creation / modification documents

The questionnaires and templates proposed by Legalcity being generic documents and the entirety of the answers being provided by yourself, You acknowledge that You are solely responsible for the validity of the documents provided to the administration.

LEGALCITY is not responsible for verifying the conformity and validity of the information provided by the User, nor for advising the User on the possible correction of his/her file.

Legalcity cannot be held responsible for any indirect or immaterial prejudice, whatever it may be, that you may suffer as a result of the use of its service, and in particular for any financial or commercial prejudice, loss of profit, loss of data.

7.3 Use of the Content available on the Site

You are solely responsible for the consultation, selection, use and interpretation of the Content available on the Site. Legalcity will not be liable for any indirect or immaterial damage, whatever it may be, that you may suffer as a result of the use of the aforementioned Content, and in particular for any financial or commercial damage, loss of profits, loss of data.

7.4 Formalities

In case of non-completion of the Formalities or an extension of the deadlines due to a failure to transmit information or documents, Legalcity cannot be held responsible. In this case, the payments made for the orders placed for the Formalities in question will be retained by Legalcity.

With regard to company registrations, additional delays (longer than the average delays announced on the Site) may occur due to the impossibility of transmitting files digitally to certain courts.

As far as the ACCRE is concerned, it is your responsibility to make sure that you are indeed eligible. Legalcity cannot be held responsible for a refusal by the administration to grant your request.

7.5 Collection Services

Our debt collection service is structured in 2 main types of offers:

1/ Amicable collection includes, in your name and on your behalf :

  • a telephone reminder,
  • a reminder by simple mail,
  • a reminder by email
  • sending a formal notice to the debtor by registered letter with acknowledgement of receipt, depending on the formula chosen.

2/ Judicial recovery :

If the dispute falls under the jurisdiction of the commercial courts, we make a request for an injunction to pay to the competent commercial court, accompanied by the necessary supporting documents.

If the dispute falls under the jurisdiction of the civil courts, the Cerfa form for requesting an injunction to pay and the instructions to follow for the rest of the procedure are made available.

In the case of a favorable order for payment obtained from a commercial court, Legalcity can put the client in contact with a duly authorized bailiff in order to serve the order for payment to the debtor. If the client wishes to serve the order for payment with a bailiff other than the one proposed by Legalcity, the original of the order can be sent to the client by registered mail for a fixed administrative fee of 49€ HT.

In the event that Legalcity recovers the debt from its escrow account, or that the customer collects it directly from the customer before execution by a bailiff, the amount of the recovered debt will be subject to an out-of-court collection fee of 9%, or 7% in the case of a subscriber customer. After 18 months, additional file management fees may be charged.

When the creditor transforms an amicable file in his customer area into an injunction to pay and pays the service to the debt collection agency, the general terms and conditions of legal proceedings set out in the GTC and on the website apply.

Thus, it is specified that an order for payment does not put an end to the possibility for the Collection Agency to recover all or part of the debt out of court before the order is enforced.

What's more, if it is materially impossible for the firm to obtain the order or draw up the petition because it lacks the documents needed to complete the file, this situation in itself cannot undermine the firm's out-of-court collection efforts.

Payments received after subscription to the court-ordered payment form, whether received directly by the creditor or into the collection agency's escrow account, will be subject to a commission equal to the rate in force on the day the file is submitted.

The intervention of the judicial officer will be invoiced separately on the basis of the legal or free rates in force, without any intervention of Legalcity. The provisions paid for the cases put into execution with the bailiffs partner of Legalcity are paid back as and when the actions and calls for funds are transmitted by the firms in charge of the execution, after a control of the execution and the invoicing by LEGALCITY. The creditor, a client of the Legalcity Platform, will be warned for each overrun in case of difficulty in execution or when the provision will be insufficient to continue the actions in execution. The creditor will be systematically offered a solution to continue the enforcement by paying a new additional deposit, by contacting directly the bailiff partner of Legalcity or by providing a certificate of uncollectibility according to a tariff to be defined.

Legalcity proceeds mainly to the collection of funds on your behalf, Legalcity undertakes to inform you regularly of the funds collected, especially in case of partial payment. Legalcity undertakes to transfer the funds collected to you within 30 to 45 days, in accordance with the provisions of Article R124-6 of the Code of Civil Enforcement Procedures.

Legalcity as a Collection Company obtains, by the acceptance of the C.G.V. by the client, an exclusive mandate of representation towards the debtor. The LEGALCITY client therefore undertakes and certifies that no other Collection Company or legal service or bailiff's office will be put in competition and accepts, in the event of payment by the debtor, that the sums collected, directly or on the escrow account, will be charged on the basis of the re-invoicing of LEGALCITY's fees.

If the client wishes to terminate his mandate with LEGALCITY by registered letter before a period of three months from the date of the collection order, he undertakes to pay a fixed indemnity equal to the price of the chosen service, but also to respect a waiting period of 10 working days to allow LEGALCITY to finalize the collection operations it has undertaken with the debtors. All sums arriving directly or arriving on the escrow account during this waiting period will be counted as receipts subject to the commission rate subscribed by the Principal.

7.5.1 Subscription Collection Service for Accounting Firms, Law Firms and Consulting Firms:

Our debt collection service by subscription is structured in 2 main types of offers:

1/ Amicable collection includes, on behalf of your clients and on your behalf :

  • a telephone reminder,
  • a reminder by simple mail,
  • a reminder by email
  • sending a formal notice to the debtor by registered letter with acknowledgement of receipt

1/ Judicial recovery :

If the dispute falls under the jurisdiction of the commercial courts, we make a request for an injunction to pay to the competent commercial court, accompanied by the necessary supporting documents.

If the dispute falls under the jurisdiction of the civil courts, the Cerfa form for requesting an injunction to pay and the instructions to follow for the rest of the procedure are made available.

In the case of a favorable order for payment obtained from a commercial court, we can put you in touch with a duly authorized bailiff in order to serve the order for payment to the debtor. Legalcity will only pay the bailiff for the detached documents on presentation of a fee note or a provisional invoice.

The intervention of the bailiff will be invoiced separately on the basis of the legal or free rates in force, without any intervention of Legalcity. It is on this basis that Legalcity will pay its partner bailiff for the realization of the acts.

Legalcity mainly collects funds on behalf of others, Legalcity undertakes to inform you regularly of the funds collected, especially in case of partial payment. Legalcity undertakes to transfer 100% of the funds collected to your clients within 30 to 45 days, in accordance with the provisions of Article R124-6 of the Code of Civil Enforcement Procedures.

LEGALCITY will only charge the subscription fees and the commission linked to the success of the collection to the Firm, which will remain free to bill its clients. Legalcity's invoice will be monthly and will be payable upon receipt within eight days.

Legalcity as a Collection Company obtains, by the acceptance of the C.G.V. by the client, an exclusive mandate of representation towards the debtor. The LEGALCITY client therefore undertakes and certifies that no other Collection Company or legal service or bailiff's office will be put in competition and accepts, in the event of payment by the debtor, that the sums collected, directly or on the escrow account, will be charged on the basis of the re-invoicing of LEGALCITY's fees.

If the client wishes to terminate his mandate with LEGALCITY before a period of three months from the date of the collection order, he undertakes to pay a fixed indemnity equal to the price of the chosen service.

7.6 Legal Information Service

In accordance with the provisions of the law of December 31, 1971 (amended), the answers provided by DailyDroits within the framework of the Legal Information Service mentioned in Article 5.7 constitute information of a documentary nature only. You agree to make a legal use and strictly conform to the information, information and documentation provided, the responsibility of Legalcity can not be engaged for a contrary use.

Legalcity shall not be liable for any indirect or consequential damages of any kind that you may suffer as a result of information obtained through the Legal Information Service, including, without limitation, any financial or commercial loss or loss of profits, even if you have been advised of the possibility of such loss or damage.

7.7 Document templates and legal documentation services

Within the framework of its services for the creation/modification of a company, as well as the "Solution Pratique Entrepreneur" service, Legalcity relies on the models provided by Editions Francis Lefevre. Within the framework of their obligation of means, Editions Francis Lefevre guarantees that their editorial content is designed and prepared according to the rules of the art, applying reasonable precautions to avoid errors, and that the media are free of manufacturing defects under normal conditions of use.

Editions Francis Lefevre and Legalcity do not grant any other express or implicit guarantee with regard to the contents and models they publish or the information they transmit. Each user of the Site is solely responsible for the use and interpretation of the content and models made available to him/her, as well as for the actions and advice he/she deduces or issues from them. Each user of the Site is aware that the information contained in EFL products is designed to complement other sources of information and his or her own expertise and is therefore not necessarily complete.

Users of the Site therefore acknowledge that they use EFL products and services under their sole responsibility. Editions Francis Lefevre cannot be held liable in any way by Legalcity or the users of the Site for direct or indirect damage they may suffer as a result of the use of the information contained in EFL products, regardless of their form or nature. Should Editions Francis Lefevre nevertheless be held liable, its liability shall in any event be limited to an amount equal to the price paid by the user of the Site.

Article 8. Responsibility of the client / user

It is the User's responsibility to enter personal information that is not erroneous and, if necessary, may result in one or more refusals by the Administration. LEGALCITY cannot be held responsible for this, by any means whatsoever.

Limits of hosting: the User declares that he/she is familiar with the Internet, its characteristics and limits and acknowledges that data transmissions on the Internet do not benefit from absolute technical reliability, as they circulate on heterogeneous networks with diverse characteristics and technical capacities, which are sometimes saturated at certain times of the day, and that data circulating on the Internet is not protected against possible misappropriation, and that the communication of any information is therefore carried out by the User at his/her own risk.

It is the User's responsibility to provide accurate information in order to ensure optimal legal and accounting processing. LEGALCITY cannot be held responsible for incorrect data, whether intentional or not, and for any subsequent processing that may be carried out on the basis of incorrect information.

8.1 Transmission of data necessary for the performance of the Services

You agree to always provide true and accurate information as of the date of entry, and in particular not to use false names or addresses, or unauthorized names or addresses.

You also agree to send Legalcity all information and documents required for the performance of the Services. In particular, you agree to send Legalcity, as soon as possible, any document or information necessary for the processing of its file.

Within the framework of our service of legal announcements, you are only responsible for the information which you communicate to us: Authenticity of the information of contact (name, first name, postal address, registration RCS...)

As part of the Collection Services, you are solely responsible for the accuracy of the following information:

  • the certain, liquid and due nature of your claim
  • the authenticity of all supporting documents proving the validity of the request (purchase order, contract, unpaid invoice, reminder letters, etc.).

You are reminded that you may be held civilly and criminally liable in the event of producing false documents and/or communicating inaccurate information or elements for the purpose of filing administrative or legal documents.

8.2 Use of the Services

You agree to order the Services offered by the Site for your personal use only.

You also agree not to create a company whose purpose would be contrary to public order or morality, not to use the Services offered by the Site for illegal purposes, or for the commission of any contravention, misdemeanor or criminal offense.

You agree not to initiate collection on behalf of others without being expressly authorized to do so.

Article 9. Modifications

We reserve the right to make changes to the Site, our procedures, and our terms and conditions, including these Terms and Conditions at any time. You are subject to the terms and conditions, procedures and Terms of Service in effect at the time you order a Service from us, unless a change to those terms and conditions or these Terms is required by an administrative or governmental authority (in which case, such change may, if applicable, apply to prior orders placed by you).

9.1 Modification of Subscriptions

We will notify you of any changes to a Subscription. You will have the right not to accept these changes and retain the option to cancel your Subscription at any time.

9.2 Modification of the Price of the Services

Legalcity reserves the right to modify the price of the Services indicated on the Site at any time, it being understood that the new price will only be applied to orders placed from the date the new price comes into effect.

9.3 Modification of the Site and Services

Legalcity is constantly modifying and improving its Services. Therefore, we may add or remove features or functions, and we may also suspend or discontinue a Service.

Article 10. Confidentiality and protection of personal data

Regarding the use of personal data by Legalcity, we invite you to carefully read our Privacy Policy at the following address

https://Legalcity.fr/politique-de-confidentialite/

Article 11. Intellectual property

All intellectual property rights on the name "Legalcity", the logo "Legalcity" and the graphic charter of the Site belong exclusively to Legalcity. Any unauthorized use or reproduction, even partial, is strictly forbidden. The documents and content available on the site are the property of Legalcity. Any dissemination, exploitation, representation, reproduction or use on any medium, other than as authorized by Legalcity, is strictly prohibited. Any unauthorized use or reproduction, even partial, of the Site, Content and models. Any offender will be prosecuted before the competent courts.

Article 12. Compliance of Legalcity

Legalcity carries out the activity of debt collection on behalf of third parties in accordance with articles L.124-1 et seq. and R.124-1 et seq. of the Code of civil enforcement procedures.

Legalcity benefits from a Professional Civil Liability insurance subscribed with MAIF and has opened with SMC an escrow bank account exclusively dedicated to the reception of funds collected on behalf of creditors.

The activity of debt collection on behalf of third parties carried out by Legalcity has been the subject of a declaration registered by the Public Prosecutor of the Tribunal de Grande Instance of Paris on July 1, 2018.

Article 13. Severability of clauses

The nullity of one of the clauses of the present document does not entail the nullity of the present General Conditions of Use, the other clauses will continue to produce their effects.

Article 14. Waiver

Legalcity's temporary or permanent non-enforcement of one or more of the clauses of these Terms and Conditions of Use shall not constitute a waiver of its right to enforce the rest of these Terms and Conditions of Use.

Article 15. Applicable Law and Jurisdiction

The present General Conditions of Use are subject to French law.

The parties agree, before resorting to arbitration or the courts, to submit any dispute between them to an independent and professional Mediator and to participate in good faith in the mediation process. The mediator may be appointed by mutual agreement between the parties.

The costs of the mediation shall be shared by the parties unless otherwise agreed by the parties.

Any approach to the use of mediation and any mediation session is done in confidence and subject to all rights and remedies of the parties. Nothing said or written during such an approach or session is admissible as evidence in any legal or other proceedings.

Any dispute or difference that cannot be resolved in mediation, within ninety (90) days of the appointment of the mediator, shall be submitted to arbitration in accordance with the procedure set forth in this Agreement.

If no amicable solution is found and if you are acting as a professional, the dispute will be brought exclusively before the courts of Marseille.