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.