T&C Africa – Pixagility RH

1 – GENERALITIES

Unless otherwise agreed in writing, the sales and services of PIXAGILITY AFRICA imply the unrestricted acceptance of these Terms and Conditions, which prevail over the Customer’s terms and conditions.

2 – FORMATION OF THE CONTRACT

When a particular agreement is established with the Customer, it constitutes the special conditions that modify or supplement these General Conditions.

3 – PRICE

Prices are stated without tax and, unless otherwise agreed, the prices shown on the quotations are valid for 1 month. After this period, PIXAGILITY AFRICA reserves the right to modify the financial conditions of the offer. PIXAGILITY AFRICA, every year on 31 December, will raise its prices, according to the evolution of the IHPC index (Harmonized Index of Consumer Prices) produced by the National Institute of Statistics of Côte d’Ivoire.

4 – DELAY

The execution or delivery times are given for information purposes and will be confirmed by the acknowledgement of receipt on the order. PIXAGILITY AFRICA recognises the validity of the penalties for delay in delivery or execution only if it has approved the terms thereof. The delays of payment or force majeure and, more generally, any cause not being of its fact release PIXAGILITY AFRICA from the observance of the deadlines of delivery or execution and exonerate it from any contractual responsibility.

5 – PAYMENT TERMS

Unless otherwise stipulated by contract, prices are payable to PIXAGILITY AFRICA at 30 days invoice date by draft, check or wire transfer. Failing payment of any of the due dates, the other due dates shall become immediately due. Failure by the Client to fulfil its obligation to pay the price of the service on the due date indicated on the invoice will automatically result in the payment of late penalties by the Client. In case of late payment, the amount due by the Customer will generate interest equivalent to three times the legal interest rate in effect on the day of the invoicing of the penalties. The Service Provider is not required to give notice to the Customer for payment of late penalties. The late penalties will apply without prejudice to the application of the “Termination” clause of this Agreement. In case of difficulty or delay in the recovery of the receivables held on the customer, PIXAGILITY AFRICA reserves the possibility to suspend the delivery and/or the service remaining to be performed, 15 days after the sending of a formal notice by registered letter with acknowledgement of receipt which has not been effective and notifying him of the suspension. PIXAGILITY AFRICA reserves the right to invoke partial or total compensation between its debts and the amount of its invoices to its customers regardless of the maturity of its commitments.

6 – LIMITATION OF LIABILITY

PIXAGILITY AFRICA shall be responsible for the proper execution of its sales and services, except in the event of force majeure or unforeseen circumstances, in accordance with the provisions in force regarding civil liability. The liability of PIXAGILITY AFRICA can only be incurred in the event that it has committed a gross fault, to the exclusion of any other fault that does not have this nature. PIXAGILITY AFRICA shall not be liable for the non-performance of any of its contractual obligations as long as such non-performance is due to an event beyond its control.

7 – INTELLECTUAL PROPERTY AND KNOW-HOW

PIXAGILITY AFRICA retains ownership of all its know-how, used or made available to the Customer as part of the performance of the service. PIXAGILITY AFRICA does not grant any intellectual and/or industrial property rights to the Customer, except with the prior written consent of the parties. The Customer guarantees the PIXAGILITY AFRICA of any claim or action, of any kind, exercised by a third party, natural person or legal person, due to the content or the nature of the programs broadcast.

8 – CONFIDENTIALITY

PIXAGILITY AFRICA and the Customer undertake to respect the strictest confidentiality regarding the commercial information, documents, data or concepts that they may become aware of during the performance of the contract. The Parties shall be accountable for themselves, their employees and servants, for the performance of the obligation of confidentiality.

9 – TERMINATION

In case of serious breach of the performance of its essential obligations by the Customer, PIXAGILITY AFRICA may terminate the contract, by registered letter with acknowledgement of receipt and after compliance with a notice period of 2 (two) without being liable for any compensation, in particular in the event of late payment of all or part of the price.

10 – DISPUTE RESOLUTION

The Contract is subject in all respects to Lvirian Law. The parties shall endeavour to do their utmost to resolve any dispute arising between them arising out of the formation, interpretation or performance of the contract and its consequences. Failing this, the said dispute shall be brought before the competent courts of Abidjan.