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Each law firm member of the TEMPERAA network and using the TEMPERAA brand is its own data controller.

When you browse the TEMPERAA website, accessible at ttps://www.temperaa.com/fr/ (hereinafter the "Site"), we do not collect or process your personal data, except for the use of your technical and browsing information as described below.

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TEMPERAA uses the following categories of cookies:

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1. Scope
The following general terms and conditions of services shall apply to all services, work products, recommendations or opinions (the “Services”) provided by a French law firm member of the network TEMPERAA acting under the name TEMPERAA (the “Provider”) and to all lawyers practicing therein or for its account to the benefit of each client of the Provider (the “Client”).
The Provider and Client may agree upon specific terms and conditions of Services setting forth the specific terms and conditions of provision of Services by the Provider, such specific terms and conditions complementing and prevailing on the general terms and conditions.
These general terms and conditions of services are drawn up in French and in English. In case of discrepancies, the French version shall prevail.
 

2. Services terms and conditions
The Provider undertakes to use all human, technical and intellectual resources available to perform the assignments which it has been entrusted with, being acknowledged that the obligations borne by the Provider shall be an obligations of means (obligation de moyens). The Services rendered by the Provider in connection with a given assignment are on French laws applicable as of the date of said Services as applied by French supreme courts (Cour de cassation, Conseil d’Etat and Conseil constitutionnel).
A Client shall be entitled to terminate in writing at any time the Provider’s assignment. In such case, the Client shall remain obligated to pay for the Services rendered by the Provider and for expenses and disbursements settled on its behalf, prior to the termination notice. Moreover, in case a performance or a lump sum fee has been agreed upon, such performance or lump sum fee shall be due as if the Provider shall have completed its assignment.

3. Invoicing
The Provider’s fees shall, unless specifically agreed otherwise, be calculated on the basis of an hourly rate taking into account the degree of seniority of the lawyers involved. Travel time is deemed to be working time. These hourly rates will be provided to Client upon its request. A lump sum fee or a performance fee may be agreed upon, as the case may be, in accordance with applicable law.

The Provider’s fees shall not include expenses & disbursements paid on behalf of the Client in the performance of its assignment. Such individualisable fees & disbursements shall be invoiced in addition to any fees, without markup. Except as otherwise agreed, the hourly rate provided to Client as well as the lump sum or performance fee shall be automatically increased of a lump rate of 5% in order to cover non-individualisable expenses.
 

4. Payment
All fees, expenses and disbursements shall be periodically invoiced by the Provider. They shall be payable upon receipt by the Client either by cheque or bank transfer. Pursuant to applicable laws, late payments shall give rise to late payment penalties equal to 3 times the legal interest rate on the applicable due date. In addition, the Client shall moreover have to pay a fixed compensation of €40 for collection costs.
In case of payment default, the Provider may cease to provide the Services in accordance with the Code of Professional Conduct (Code de Deontologie) of the Paris Bar (l’Ordre des Avocats de Paris).
 

5. Liability
Unless expressly agreed with the Client, the remedy for any damage caused by the Provider, or by any person working within the firm, shall not exceed the amount of fees (excluding VAT) received by the Provider for the Services or any part thereof for which the Provider’s, or any person working within the firm, liability is sought, and in no event more than 4,000,000 (four millions) euros by claim. In no event shall the Provider, or any person working within the firm, be liable for indirect, consequential, loss of opportunity or profits etc.

The Provider’s liability shall be excluded in cases where the Client has not provided the elements of information or documents necessary for the performance of the Services or has done so only with delay, or has transmitted incomplete or erroneous information and documents. The Provider shall have no obligation to either verify or to have independently verified the information or documents provided by the Client.
The Provider shall not be held liable for any damages or losses of any kind whatsoever in case of use by its Client of one its services, work products, recommendations or opinions in another context or for any purpose other than that for which the service, work product, recommendation or opinion was performed or rendered.
Except if the Provider has given its prior written consent, neither the Provider nor any person working within the firm shall be held liable in relation to the use by a third party of any service, work product, recommendation or opinion given or rendered by the Provider in the performance of its Services to its Client, as claims or actions may be brought only by the person or entity invoiced for the Services.
The statute limitation for any claim related to the liability of the Provider or any lawyer practicing therein or for its account shall be one (1) year from the completion of the Services, unless otherwise expressly provided by applicable law.
 

6. Governing law / Dispute resolution
These general terms and conditions of services and the relationship between the provider and its Clients shall be governed by French laws, to the exclusion of any conflict of law provisions, and the rules of the Paris Bar (l’Ordre des Avocats de Paris).
Any dispute relating to these general terms and conditions of services will be submitted to the Bâtonnier of the Paris Bar (l’Ordre des Avocats de Paris). The Paris Court of Appeals will be exclusively competent to hear appeals.