12.1 Non-solicitation of personnel
The Client undertakes not to hire or solicit the hiring or services (in any form whatsoever), for itself or for a third party, directly or indirectly, of any employee of ANABA (i.e., any person employed by ANABA on the day of the conclusion of the Subscription, or who would enter into an employment contract with ANABA during the Term) or to induce any of ANABA's employees to cease the functions that he or she is or will be performing within ANABA.
This obligation shall end twelve (12) months after the termination of the Subscription for any reason whatsoever.
In the event of failure to comply with this article, the Client undertakes to pay ANABA, as a penalty clause, a sum equal to twelve (12) months of the monthly salary (after deduction of employer and employee social security contributions) paid by ANABA to the employee concerned on the date on which the failure to comply with the obligation would be observed.
This penalty will be due for each ANABA employee who is hired by the Client or whose services are solicited by the Client in any form whatsoever. In accordance with Article 1228 of the Civil Code, ANABA may pursue the forced execution of this obligation instead of claiming payment of this penalty clause.
Confidential Information" is, without this list being exhaustive, all information and data communicated by a Party to the other Party, in the context of the execution of the Subscription, in writing and/or orally, in the form of, in particular, graphs, drawings, plans, reports, customer lists, price lists, results, minutes of meetings, instructions and other elements of any form whatsoever.
Each Party undertakes in its own name (and in the name and on behalf of its corporate officers, employees and subcontractors) to keep Confidential Information strictly confidential, using the same means and procedures as those used for its own confidential information.
This obligation of confidentiality does not cover Confidential Information:
that is in the public domain on the date of its communication or that has fallen into the public domain after that date (without this being in breach of the TOS) that has been communicated to a Party on a non-confidential basis by a source other than the other Party, provided that this is not in breach of a confidentiality agreement or the TOS; and that a legislative or regulatory provision or a decision of a court or any other authority would require disclosure.
12.3 No right of withdrawal
In accordance with the French Consumer Code, the right of withdrawal is not applicable to services provided by ANABA, which are exclusively intended for Professional Clients and necessarily fall within their main field of activity, whether commercial, industrial, craft, liberal or agricultural, including when they are acting in the name or on behalf of another professional.
For any request, Clients and Users may write to ANABA, 35B Avenue Saint-Maurice de Sauret 34000 Montpellier (France).
Clients and Users may report abuse, harassment, inappropriate content, privacy complaints or, more generally, any violation of the law by a third party by sending a notification to ANABA with the following information:
- Date of notification ;
- Surname, first name, employment, address, nationality, date and place of birth (and for a company: form, name, address and its representative) ;
- A description of the facts and their location;
- The reason for the notification (with a legal explanation);
- A copy of the letter sent to the author of the content or the justification that this author cannot be contacted.
12.5 Force Majeure
Neither party shall be liable for any defect or delay in performance caused by an element constituting Force Majeure, pursuant to Article 1218 of the Civil Code, such as but not limited to: fire, flood, natural disasters, earthquake, stoppage of Internet connections by the access provider, cyber-attacks, strikes, lock-outs.
In such a case, the obligations of the Parties shall be suspended from the moment one of the Parties notifies the other Party of this exonerating cause, until it ceases to exist.
To the extent that such circumstances would continue for a period of more than fifteen (15) days, the Parties agree to enter into discussions with a view to amending the terms of their respective commitments.
If no agreement or alternative is possible, these commitments may then be terminated without damages, by simple written notification by registered letter with acknowledgement of receipt, without compensation or notice.
12.6 Severability, Waiver, Invalidity
No waiver by ANABA of any of its obligations shall be deemed or construed to be a waiver of its benefit. If one or more stipulations of the GTCU are declared invalid, the others shall retain their full force and scope.
In this case, the Parties shall, if possible, replace this cancelled stipulation by a valid stipulation corresponding to the spirit and purpose of the GTCU.
12.7 Relationship between the Parties
Under no circumstances may the GCVU be considered as establishing between the Parties a de facto company or a joint venture or any other situation leading between them to any reciprocal representation or solidarity with respect to third parties. The GTCU shall not generate any subordination relationship between the Parties, which shall retain their full and complete autonomy in relation to each other.
12.8 Intuitu personae
It is strictly forbidden for Customers and Users to assign all or part of their rights and obligations under the Terms and Conditions of Use.
12.9 Ethics and sustainable development
The Parties declare that they respect the principles upheld by the International Labour Organisation and their existing labour legislation, that they participate in the prevention of risks to occupational safety and, more generally, that they comply with existing legislation on the health and safety of workers, adhere to the principles of environmental protection and control the consequences of their activities on the environment and participate in the fight against corruption.
It may be possible that inaccuracies or errors, or information that is at variance with the general terms and conditions, the legal notices or the personal data charter may be found throughout the website and the services offered, and to a limited extent. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on related services (social networks, etc.). We make every effort to ensure that such discrepancies are corrected. In the event that such a situation should escape us, please contact us by post or e-mail at the addresses indicated in the site's legal notice with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.