These general and specific terms and conditions of delivery of service govern relations between SO-BUZZ, a simplified joint stock company (Société par Actions Simplifiées) with a capital of 7050 Euros, entered in the Trade Register under no. RCS Marseilles 538 485 996, and located at 4, rue Bonneterie à (13002) Marseilles (hereinafter 'SO-BUZZ'), and any person making an online purchase ('the Client') through the new.so-buzz.com 'Platform' ('the Platform'). The entire Platform and all related rights are the sole property of SO-BUZZ. Any reproduction, whether partial or in full, is systematically subject to the authorisation of these rights-holders. However, hypertext links to the 'Platform' are authorised if their purpose is to promote the 'Platform' and products put on sale by SO-BUZZ.
Acceptance of the terms and conditions – Purpose – Definition
Clients hereby acknowledge that when placing an order they have read these general and specific terms and conditions of delivery of service, as well as the various instructions and information, available and downloadable from the 'Site' and/or 'Platform' and that they unreservedly accept them. Any orders placed on the 'Platform' (described in more detail in the relevant specific terms and conditions) for services are governed by this document with each order of a service being deemed to incorporate all general terms and conditions. The general and specific terms and conditions override any general terms and conditions of purchase that do not apply to an electronic transaction.
SO-BUZZ may amend its general and specific terms and conditions of delivery of service at any time, with the version applicable to any transaction between the parties being the one accessible online as part of the ordering process on the 'Platform'. It is Clients' responsibility to store the (printable) documents relating to their Order on their hard drive.
· 'Site': the www.so-buzz.fr site or any other information site belongin to So-Buzz.
· 'Platform': the http://new.so-buzz.com site where a So-Buzz subscription may be taken out and campaign settings determined.
· 'Client': an adult natural person or professional who takes out a subscription to several Services on the 'Platform' for the purposes of their professional activity;
· 'Order': the electronic form filled in and 'signed' by the Client on the 'Platform', which is firmly and finally approved by clicking the relevant part, where the service for which an order is placed is delivered subject to actual payment as recorded in the SO-BUZZ system (following approval by the relevant bank payment centre)
· Contract: a Contract is made up of of a Purchase Order, Specific Terms and Conditions of Delivery of Service and General Conditions.
· Specific Terms and Conditions: these designate the specific terms and conditions for delivering the service subscribed to by the Client on the 'Platform'.
· Requirements: all tasks and operations required from the client for the purposes of delivering the Service.
2 ACCES TO THE 'Platform'
As with any website, the 'Platform' may be accessed at any time, notwithstanding any corrective or preventative maintenance operations on the part of Internet service providers, events of force majeure or necessary updates to the 'Platform', for which SO-BUZZ may not be held liable.
3 CONTRACT PATH AND ORDERING PROCESS
Having surfed the 'Site', Clients click on the 'LOGIN' icon which takes them to the gateway to the 'Platform' on the URL new.so-buzz.com to log in either as a Facebook user, in their capacity as a natural person representing the professional in question, using their FACEBOOK account with SO-BUZZ, or by creating an account directly on the SO-BUZZ platform without using their FACEBOOK account.
They create their account by completing the registration form. They guarantee the accuracy of the personal information provided as well as the details of the company they represent. They receive confirmation by email that their account has been created as well as a user guide for the SO-BUZZ platform. Any order for a Service placed using these login details shall be assumed to have been placed by the Client.
Clients may place the order itself in the three following stages. On the Service options page, users have several options. They may opt:
· either for a free trial subscription, called a 'FREE subscription' entitling them to a 15-day free trial period allowing them to add Facebook pages and TWITTER accounts and try out all standard platform applications,
· or to order or subscribe to a service entitling them to standard access to the platform in the form of a subscription.
Regarding the Standard Platform Access Service (online subscription), Clients choose one of the subscription offers. They choose the subscription period of their choice, for which the total price including tax is displayed. They tick the General Terms and Conditions. They confirm their choice by clicking on 'purchase' or 'add to basket' (first click).
They are then taken to the payment platform for the electronic payment service provider: at the 'Platform' creation date, OGONE (Ingenico Payment Services). Clients enters their bank details on the payment platform for the aforementioned third party provider. They confirm payment and thereby their order by clicking on the relevant confirmation icon.
They receive confirmation of their order by email with a summary of the order and the General and Specific Terms and Conditions.
In their personal account on the SO-BUZZ 'Platform', Clients can find the subscription settings for their order, the General and Specific Terms and Conditions and the relevant invoice. They also have access to a certain number of indicators allowing them to track and find out the status of their consumption of the service in real time.
Customised or Bespoke Services are not available on line.
Registering and processing the Order
Automatic registration systems are deemed to be evidence of the nature, content and date of the order. SO-BUZZ sends an email to the address communicated by clients to confirm that their order has been accepted. The service will only be finally subscribed to after confirmation of the order and when the bank payment centres have approved payment. If payment is rejected by the relevant payment centre, the order will automatically be cancelled and the Client notified by email. SO-BUZZ reserves the right to cancel any order from a client with whom there is an ongoing payment dispute over the payment of a previous order or whose personal account may contain inaccurate information or information that suggests fraud. The buyer is bound by any information given when placing an order: in the event of a mistake in the addressee's contact information, the seller may not be held liable for being unable to deliver the Service.
4 Effective Commencement Date - Contract Validity Period / VALIDITY OF ORDERS
4.1 Validity period
The Contract is valid from the moment the Client places the order online for the Period indicated when the order is placed.
5 Obligations of the Parties
5.1 SO-BUZZ Obligations
SO-BUZZ implements the necessary means for delivering the Service subscribed to by the Client
The delivery of the service takes the form of the client's access to the So-Buzz 'Platform'.
It automatically follows the registration by the system of the actual payment of the service ordered. As the professional Client's order is final, there is no cooling-off period.
Any complaint relating to the quality of the service should be sent to SO-BUZZ at the following address: 4 rue Bonneterie, 13002 Marseille
5.2 Clients' Obligations
Clients shall ensure that their hardware meets all requirements.
Clients undertake to:
· Use the Service solely for their personal ends and to refrain from reselling it in a package or in any other form, unless prior written approval is given by SO-BUZZ.
· Clients are solely responsible for the use of the Service. Any marketing campaigns started by Clienst are under their own authority and responsibility, and they expressly agree that SO-BUZZ shall not be implicated.
· Refrain from misusing the SO-BUZZ platform, and to use it professionally and responsibly as a platform offering a service to the public.
· Comply with legislation relating to their own clients and end users who may to use the solutions provided by SO-BUZZ and in particular to issue their own General Terms and Conditions of Use, make their own declarations to the French Data Protection Agency (CNIL) and fulfil other legal obligations.
Clients are hereby notified that SO-BUZZ employees have access to the personal data of the End Users targeted by promotional campaigns using the solutions provided by SO-BUZZ. In this respect, SO-BUZZ employees are deemed to act on the Client's instructions.
Any data technically collected by SO-BUZZ as a subcontractor are collected under the full responsibility of Clients, which as the parties in charge of processing undertake:
· Prior to collecting any data, to perform the simplified or standard prior declaration formalities (notwithstanding the presence of a data protection officer), or, where relevant, depending on the nature of data collected, any authorisation request formalities;
· Subsequently, to meet the obligations relating to the collection, processing and storage of data, including:
· The obligation to notify persons concerned by the data processing in advance and to notify them that they are entitled to oppose, amend or remove data,
· The obligation of honesty in the collection and processing of data and information, both when processing for commercial purposes, when carrying out any data transfers or transferring data outside France, ensuring that the persons concerned can exercise their right to oppose, amend or remove their data by providing the appropriate form,
· The obligation not to collect data on ethnic or racial origins, political, philosophical or religious opinions, union membership, or data relating to health or sexuality,
· The obligation of accuracy: data must be accurate, complete and, if necessary, up to date,
· The obligation to comply with the purpose of processing which must be explicitly and legitimately determined,
· The obligation of security, particularly ensuring that unauthorised third parties cannot have access,
· The obligation not to keep data for longer than the period necessary for the purposes for which they were collected.
· The obligation not to export data outside the European Union unless the transfer is authorised under data protection legislation,
· The obligation not to draw up lists of negative feedback or negative profiling (fraudsters, bad payers, undesirables).
In order to meet such obligations, Clients shall issue general terms and conditions of use governing the use of their services on their social media pages, where they shall handle the personal data of end users' participating in the promotions and competitions organised by them on a case by case basis.
If they fail to do so, SO-BUZZ shall be entitled (but not required) to terminate the Contract if this breach is not resolved within 48 hours of notice sent according to the provisions of article 13.3 of this document, and/or to substitute their own General Terms and Conditions of Use.
Clients undertake to comply with any order (1) from the legitimate authorities or competent courts to ensure the compliance of the Client's Facebook pages and Twitter accounts (any other relevant social network account or page) with personal data legislation, and (2) from SO-BUZZ.
SO-BUZZ shall be entitled to amend the provisions of this clause after notifying the Client, in the event of a change in French or EU legislation on personal data.
5.3 Price - Payment
The price invoiced to clients is the price excluding tax to which VAT is added on the 'Platform' and which is also indicated on the confirmation/order receipt sent by SO-BUZZ.
Duties and taxes are those applicable at the invoice date. In the event of a change in applicable legislation or legislation that could be interpreted as resulting in taxes, duties or similar becoming payable that are in excess of the amount payable on the Contract signature date, a correlative price adjustment shall be applied such that, in any event, SO-BUZZ shall be paid the full amount due to it excluding tax.
5.4 Price Revision
SO-BUZZ prices may be changed if its pricing changes.
SO-BUZZ may also change its prices and give new prices to ongoing Services. In such cases, SO-BUZZ shall notify the Client, giving one month's notice, in accordance with the provisions of article 13.3.
In the event of an increase, the Client is entitled to freely terminate the Service affected by the pricing increase within fifteen (15) business days of being notified by SO-BUZZ by sending a recorded delivery letter with proof of receipt. In the absence of such a notification within the deadline, the Client is deemed to have agreed to the new price.
Prices will be revised once a year on 1 January, according to the following formula but will at no time fall below the amount given on the order:
P = Po(S/So).
P: Revised price or price after the revision has taken effect.
Po: Price at the Contract signature date or base price
S: Latest Syntec index published on the date of revision or more recent applicable index.
So: Latest Syntec index published on the Contract signature date.
The invoking of the indexation clause is not subject to any notification and the indexation shall apply automatically. If the comparative index is published late for any reason, the last known index shall be taken into account provisionally and a readjustment made to the principal and interest calculated at the legal interest rate as soon as the index in question is published.
If, for any reason, the applicable index ceases to be published, or cannot be applied, the Parties expressly agree to substitute either any index published as a replacement, or a similar index chosen by SO-BUZZ.
5.6 Payment Method – Guarantee
Standard payment method:
The price of services is payable in full on the date the order is placed.
Purchases are paid for by bank card, using the online payment system set up on the date the 'Platform' was created: OGONE (Ingenico Payment Services).
Payment shall be by a bank card from the Carte Bleue, Visa or Mastercard networks. In communicating their card number on the third party electronic payment solution, Clients authorise their accounts to be debited for the Products ordered. Online, the SO-BUZZ payment system enables payments to be made securely via a bank server. Clients' numbers are thus sent to the servers of the online payment system, bypassing the SO-BUZZ server; in addition, card issuers may send their clients a confidential code by SMS in a secure environment (in some cases the code may be sent by email or require a security key or the use of a mobile application by the Client). Orders confirmed by clients shall only be deemed final when the payment centres in question have given their authorisation. In the event that payment is rejected by those centres, the order will automatically be cancelled and the Client notified by email.
In any event, supplying a bank card number or login details for the payment service provider and final confirmation of the order amount are considered proof of the full order placed by Clients and their undertaking/signature, in accordance with the provisions of the act of 13 March 2000.
Moreover, SO-BUZZ reserves the right to reject any order from a client with whom a dispute already exists. The reliability of information entered when placing an order may be checked and automatic alerts triggered depending on the information entered. In this respect, the client may be asked to provide additional information or even supporting documentation, on the basis of which the order may be processed or cancelled.
The invoice is available in PDF on the Client's SO-BUZZ account.
No advance payment is or will be considered as a deposit.
The data recorded in the payment system used by the Client (bank, card payment centre, payment service provider etc.) as part of the order process and the data recorded by SO-BUZZ are proof of all financial transactions between SO-BUZZ, the Client and the aforementioned bank (or other organisation).
Exceptional dispensatory payment methods:
If, by a dispensation, SO-BUZZ delivers the Service without requiring full payment when the order is placed, the following provisions apply.
Any invoice issued by SO-BUZZ is deemed to be payable on the invoice date and should be paid by the Client by direct debit (unless another method is stipulated on the purchase order), within 30 days of the date the invoice is issued, or 'invoice date'.
SO-BUZZ does not offer discounts.
However, if any insolvency proceedings are begun, the Client must settle the invoices for each Service upon receipt of the invoice.
If any third party payer is designated, this does not exempt the Client from the obligation to pay SO-BUZZ the price.
SO-BUZZ reserves the right to require a bank guarantee or security deposit from the Client at any time during the life of the Contract. This shall be cashed by SO-BUZZ and shall not bear interest.
If the Client fails to comply in this way, SO-BUZZ, at its own discretion, may suspend any new and/or existing Service for which the guarantee or deposit was requested by SO-BUZZ.
In the event of a disagreement over the amount invoiced, Clients have fifteen (15) calendar days from the invoice date to notify SO-BUZZ of their disagreement by sending a recorded delivery letter with proof of receipt. In this case, Clients are required to pay SO-BUZZ any uncontested sums. SO-BUZZ notifies the client of how it wishes to proceed. If SO-BUZZ rejects the claim, any outstanding amounts become payable immediately. Beyond the aforementioned deadline of fifteen (15) calendar days, no invoice may be disputed.
5.7 Defaulting on payment
In the event of a failure to pay an invoice on time or the rejection by SO-BUZZ of the Client's claim:
· SO-BUZZ may ipso jure and without legal formalities suspend its services;
· Late payment also entails the forfeiture of all credit terms offered by SO-BUZZ to the Client with such credit becoming payable immediately. Late payment penalties shall become payable from the day after this date until payment is made in full, at the legal interest rate applied by the European Central Bank for its most recent refinancing operation plus eight percentage points.
· Reminder fees of 40 Euro per reminder are payable in accordance with the provisions of article L 446-1 of the French Commercial Code. Should SO-BUZZ appoint a third party to recover its debts, any fees incurred shall also be payable by the Client in addition to this late payment interest.
· Moreover, SO-BUZZ reserves the option of bringing the matter before the Presiding Judge of the Commercial Court of Marseilles so that payment can be enforced, with the application of daily penalties.
· Additional charges in the event of a payment incident: Any payment incident for which the client is responsible shall result in an invoice being issued immediately, payable on receipt, for a one-off charge of €25.24 including tax to cover fees and administrative costs resulting from the incident. This amount may be revised on an annual basis,
· SO-BUZZ may always make its continued provision of Services dependent on the provision of a guarantee,
· SO-BUZZ stores the work carried out for the Client's purposes.
· Similarly, SO-BUZZ does not guarantee the quality of its services.
Should payment still not be forthcoming or if the Client fails to comply with the request for a guarantee, SO-BUZZ may also terminate all or some of its services ipso juro, with a notice period of ten (10) calendar days after notifying the Client in writing in accordance with the provisions of article 13.3, without prejudice to any other damages SO-BUZZ is entitled to claim.
SO-BUZZ may change invoicing procedures. It may also opt for simplified monthly invoicing incorporating all services ordered or undertaken in the previous month.
At any time, and without any notice or formality, SO-BUZZ may use any sums owed to the Client by SO-BUZZ under these terms and conditions or any other agreement between the parties to compensate for outstanding sums payable by the Client.
SO-BUZZ reserves the right to process outstanding sums payable by the Client, in respect of the different services for which a subscription is taken out under this Contract, as either separate debts or a single debt.
SO-BUZZ shall only be held liable vis-a-vis the Client for direct damage resulting from proven negligence.
This is because SO-BUZZ may not be held liable for indirect damage or in the event of a loss of sales, customers, operations, profit or damage relating to the loss of an opportunity or data.
In any event, in respect of the Contract and/or Service, SO-BUZZ's liability may not exceed an amount equal to half the sums actually paid by the Client prior to the event incurring SO-BUZZ's liability for the Service in question.
Clients and their insurers shall waive all claims against SO-BUZZ and its insurers in excess of this sum.
Only the Contracting Parties are bound by the Contract and/or Services and consequently, these are not intended to provide a third party with the right to make a claim, or grounds for a claim, liability or refund, or the right to take action against SO-BUZZ.
SO-BUZZ may not be held liable in the event of Force Majeure, or circumstances caused by a third party or the Client.
SO-BUZZ hereby declares that an insurance policy has been taken out with an insurance company known to be solvent, covering any consequences for SO-BUZZ in terms of Professional Liability.
Clients must have taken out an insurance policy covering their public liability in the event that they are found to be liable for damage caused to SO-BUZZ and/or its employees.
8 Service PROVISIONS changes and suspension
Logging onto the platform and using the Service amount to confirmation that the Service has been delivered and accepted by the Client.
SO-BUZZ reserves the right to change the features of the service according to changes in standards and regulations, terms and conditions of platform publishers or social network operators as well as additional rules and procedures for delivering services specified by SO-BUZZ.
In relation to the platform subscription service, SO-BUZZ may suspend the Service in the event of risks affecting the security or smooth running of its hardware, in the event of technical work or hardware or software maintenance by SO-BUZZ or its subcontractors. SO-BUZZ shall notify Clients as soon as it becomes aware of such cases, and may not be held liable for suspending or altering the Service.
9.1 Terminating the Service/Contract
Unless otherwise stipulated in these General Terms and Conditions, Clients must notify their termination by email sent to the address reserved for this purpose: email@example.com.
9.1.1 Termination prior to the agreed expiry date
If the Service/Contract is terminated prior to the expiry date, the sums paid by the Client for the Order shall under no circumstances be refundable.
If the Client was subject to standard payment terms, in the event of a termination prior to the expiry date of the Service/Contract, the Client must pay SO-BUZZ the total outstanding subscription or fees payable up to the agreed expiry date, including any outstanding costs relating to installation and the purchase of hardware and software still remaining due to SO-BUZZ.
The termination of the Service/Contract has no impact on other Services unless otherwise stipulated in these terms and conditions.
9.2 Termination for Breach of Contract
In the event of a breach of one of the essential obligations of the Contract and/or Service in question by one of the Parties, the other Party may terminate the it ipso juro if the breach is not remedied within fifteen (15) calendar days of notice sent by the other party by recorded delivery.
It is stressed that only the service affected by SO-BUZZ's breach may be terminated by the Client in this way.
10 Confidentiality / PROPERTY / DATA
Both during the life of the Contract and the two years after it expires, each Party agrees not to disclose or allow the disclosure of Confidential Information either directly or indirectly, in part or in full, to any third party, with the exception of employees and/or subcontractors who might require the aforementioned information to meet their obligations.
The following information is not deemed to be Confidential Information in respect of the Contract: (i) information that entered the public domain prior to being disclosed of after being disclosed without any Contract obligation being breached, (ii) published information, where such publication is not in breach of the Contract, (iii) developed by a Party completely independently (iv) the disclosure of which is the result of the enforcement of a mandatory legal provision or a mandatory decision handed down by a competent court or government body (v) disclosed with the prior written agreement of the other Party.
Without prejudice to the other Contract provisions, in this respect each party undertakes to take all necessary measures to ensure that its employees and/or subcontractors are subject to the same obligation of confidentiality.
Each party undertakes not to use the Confidential Information in a context other than that of this Contract, even for their own use, and undertakes to return any documents and media containing Confidential Information received by them under the Contract to the other party at their first request.
Clients shall pass on these provisions in the contract linking them to the beneficiary of the Service in order to protect SO-BUZZ's confidential information.
10.2 Personal data
In accordance with current legislation, SO-BUZZ hereby notifies Clients that their personal data or that of their employees may be subject to automatic processing for the purpose of creating records to manage SO-BUZZ's client list. In this respect, Clients, or any of their employees, are entitled to access or rectify any such data held by SO-BUZZ in accordance with the law.
11 SO-BUZZ Employees - Non-solicitation
Any SO-BUZZ employees assigned to perform the Service(s) remain in all circumstances under the responsibility and the hierarchical and disciplinary authority of SO-BUZZ, which as an employer is responsible for the administrative, accounting and social management of its staff.
The Client shall refrain from hiring, or employing in any way any current or future employee of SO-BUZZ. If this undertaking is breached, the Client shall compensate SO-BUZZ for all damage: i.e. one year's gross salary for the SO-BUZZ employee in question, including any financial consequences such as compensation due by SO-BUZZ to clients affected, the loss of income or clientele or more generally any damage resulting from the disruption of the SO-BUZZ service.
12 Force Majeure
The Parties' respective obligations (with the exception of payment obligations) under the Contract shall be suspended during any period in which they are prevented from meeting their obligations due to an event of force majeure, in accordance with article 1148 of the French Civil Code.
Events of force majeure include: riots, popular movements or strikes, earthquakes, epidemics, fire, floods or other natural disasters, power failures and more generally events requiring the set-up of local and national plans to ensure the continuity of electronic communication services.
Any Party affected by an event of force majeure shall notify the other quickly and do their utmost to find a solution.
Should the event of force majeure persist for ten (10) calendar days following the aforementioned notification and the Parties fail to reach an agreement within five (5) business days as regards the conditions for resuming the service, each Party shall be free to terminate the Service in question with no compensation being payable by either side.
13.1 Assignation or Transfer of the Contract
The Parties to these terms and conditions and their legal successors shall be bound by the Contract, the services ordered and any stipulations, including in the event of a change in control or merger of one Party, either through its acquisition by another company or through the creation of a new company, as well as in the event of a de-merger, partial transfer of assets or other concentration or restructuring operations and shall benefit them alone. The Client may not assign or transfer the Contract or Orders without the prior written agreement of So-Buzz.
13.2 Entire agreement. Amendments. Waiver
The Contract constitutes the entire agreement between the Parties.
The Contract may only be amended with the signed, written agreement of the Parties. However, without prejudice to the provisions of article 7, the Specific Terms and Conditions of each Service and the Annexes may include dispensatory provisions specific to their respective purposes.
SO-BUZZ shall not be deemed to have waived a right acquired under the terms of the Contract. The failure to invoke a breach of any of the Obligations under this Contract by the other Party shall not be interpreted as a waiver of that obligation in the future.
13.3 Notices and notifications
In order to be valid, notices and notifications must be sent to the addressee by recorded delivery letter with proof of receipt, by fax or email.
Emails and faxes exchanged by the Parties shall have the same probative value as hard copies unless otherwise stipulated in relation to recorded letters with proof of receipt or faxes, with no copy being required.
For the performance of the Contract and its effects, the Parties elect domicile in their respective headquarters. A letter must be sent by recorded delivery with proof of receipt to notify the other party of any change of domiciliation.
Any notifications for the attention of SO-BUZZ should be sent to the headquarters address given at the foot of this document and be addressed to the Chair, and, as regards the Client, only to the address given on the Purchase Order or any other address provided at a later date.
13.4 Independence of the Parties
No provision stipulated in this Contract shall be deemed to create a principle/agent relationship, mandate or partnership, partnership agreement or joint venture between the Parties or their respective affiliates, employees, directors or administrators.
13.5 Severability Clause
If a provision of the Contract is deemed to be unlawful or void, the other provisions shall remain valid and shall apply in full. The Parties undertake to cooperate in good faith to quickly replace the void or unlawful provision with a new provision with a lawful result that is as close as possible to the result intended by the provision found to be void.
The headings used in this Contract are for the purposes of information only and shall under no circumstances affect the meaning of the provisions to which they refer.
The Client agrees that invoicing, performances and more generally all measurements relating to the use of the Service shall be calculated with SO-BUZZ tools based on the data recorded by SO-BUZZ.
Data in computerised or electronic format and emails constitute valid proof as they stand and are admissible under the same conditions and with the same probative value as any document drawn up, received or recorded in writing.
13.8 Commercial reference - promotion
Clients hereby authorise SO-BUZZ to use their name as a commercial reference. Clients hereby authorise SO-BUZZ to send regular information, advertisements or commercial offers from SO-BUZZ or its partners, or invitations to events, by email or by post. This express authorisation amounts to a prior agreement and applies in particular to email marketing sent to the professional email addresses of Clients' employees and for the purposes of any SO-BUZZ product or service.
13.9 Disputes / Applicable law
The Contract is subject to French law.
The parties shall strive to resolve any disputes relating to the interpretation or implementation of the Contract amicably.
If an amicable agreement cannot reached within 15 calendar days of the occurrence of the disagreement, ANY DISPUTE SHALL BE BROUGHT BY THE MOST DILIGENT PARTY BEFORE THE COMPETENT COMMERCIAL COURT OF MARSEILLE, WHICH HAS SOLE JURISDICTiON FOR RULING ON THE CONCLUSION, PERFOMRANCE OR INTERPRETATION OF THE CONTRACT, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR THIRD PARTY APPEALS.