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Our Terms of Services

1. Preamble

These Terms of Service (TOS) apply to all services provided by EFFICIENCE, a sole proprietorship founded and managed by Romain FLORY (TAHITI No. F77863). By accepting a commercial proposal from EFFICIENCE, the Client agrees to these TOS.


2. Definitions

  • Client: The co-contractor of EFFICIENCE identified in the Commercial Proposal.
  • Contract: Includes the general terms and the Commercial Proposal.
  • EFFICIENCE: Sole proprietorship founded and managed by Romain FLORY.
  • Mission: The Client’s project as identified in the Commercial Proposal.
  • Commercial Proposal: Document prepared by EFFICIENCE outlining the proposed solutions to address the Client’s issues or simple quotation.
  • Deliverables: All documents, reports, analyses, studies, and other results of the services provided by EFFICIENCE.


3. Acceptance of TOS

The Client accepts these TOS as soon as they agree to the Commercial Proposal issued by EFFICIENCE.


4. Conditions of Execution

EFFICIENCE provides its expertise to the Client and advises based on the information provided by the Client. The Client must provide all necessary elements for the successful completion of the services and designate a representative authorized to make or communicate necessary decisions promptly.

The Client is responsible for directing the Project and making the required decisions. EFFICIENCE, as a consultant, assists the Client in selecting the most suitable strategies and solutions but is not responsible for the decisions made by the Client.

EFFICIENCE may subcontract the services upon prior notification and written consent from the Client.


5. Modification of Services

Each party may request modifications to the services. EFFICIENCE reserves the right to reassess deadlines and costs. Changes will only be implemented after written approval from the Client. EFFICIENCE may refuse any changes deemed unfeasible.


6. Duration of the Contract, Deadlines, and Termination

Unless otherwise specified, EFFICIENCE will provide the services within the deadlines specified in the Commercial Proposal, provided the Client has fulfilled their obligations.

Deadlines may be revised in the following cases: delays attributable to the Client, changes to the Mission, or the occurrence of unforeseen events.

Each party may terminate the Contract with 30 days’ notice via registered letter. If the Client terminates after the Mission has started, they must pay for the fees and expenses incurred up to the termination date.


7. Fees, Expenses, and Payment Terms

Fees are set out in the Commercial Proposal. Additional expenses (travel, accommodation, etc.) will be billed separately unless otherwise clearly stipulated in the Commercial Proposal.

Invoices are payable within 30 days of receipt unless otherwise stated in the commercial proposal. In the event of late payment, penalties amounting to three times the legal interest rate in force in French Polynesia will be applied, calculated per day of delay from the invoice due date until full payment is made.


8. Ownership

The Client becomes the owner of the documents created for them after full payment of the fees. The methods and tools remain the property of EFFICIENCE.


9. Confidentiality

EFFICIENCE ensures the protection and confidentiality of the information provided by the Client during and for one year after the services. The parties are not bound by this obligation if the information is already public, legally obtained, or independently developed. EFFICIENCE will inform the Client of any disclosure required by law.


10. Liability

EFFICIENCE’s liability is limited to the amount of the fees received for the service concerned. The Client is responsible for implementing the recommendations provided.

Any legal action related to these TOS must be filed within one year of the service that caused the dispute.


11. Data Protection and Security

In accordance with French law of 1978 as amended and the General Data Protection Regulation (GDPR), EFFICIENCE protects the Client’s personal data, which are processed only within the agreed services. The Client may exercise their rights by contacting EFFICIENCE at contact@efficience.consulting.


12. Governing Law and Disputes

The contract is governed by the law of French Polynesia. In the event of a dispute, the parties agree to seek an amicable solution through mediation within one month. If no amicable solution is found, the dispute will be submitted to the competent courts of French Polynesia.


Contact

For any questions regarding these TOS, please contact EFFICIENCE at contact@efficience.consulting. This translation keeps the professional tone while maintaining clarity and legal precision.