EUROPAGES SA, a limited liability company operating under French law with a share capital of 2 800,000 Euros, registered at Nanterre, no. B338 631 930, whose registered address is 127 avenue Charles de Gaulle, Neuilly-sur-Seine 92200 (hereinafter referred to as EUROPAGES), is the publisher of the www.europages.com site and all its translated versions (hereinafter referred to as the Europages Site).
This site comprises a range of services including the Europages Companies Directory, Europages Buy & Sell, Europages Public Procurement, Europages My Account and the Business Resources
Last update: november 22, 2006
The User hereby acknowledges and accepts the Terms for the Use of the Europages Public Procurement (hereinafter referred to as "Public Procurement") and services associated therewith as set forth herebelow:

I. PUBLIC PROCUREMENT: FREE USE

I.1 Purpose

Public Procurement affords the User access to the vast majority of public invitations to tender taken from the Official Journal of the European Union (OJEU).
It also offers a range of services and information collected under the Business Resources heading.   Through Public Procurement, EUROPAGES puts one or, depending on the case, several Users (and potential bidders) into contact with Public Procurers.

I.2 Functioning

Public Procurement makes it possible to carry out a search by product or service or by sector of activity.
The search may be refined according to geographical criteria (by country).
The search is made easier by the use of FAQs (Frequently Asked Questions) and a lexicon.
The User may set up alerts and manage its account provided it conforms to the free registration procedure as set forth in I.2.1.
To visualise a complete contract notice the User must first register and take out a paying subscription through the Bonus Pack as set forth in II.

I.3 Free registration procedure

The free registration offered to any User, Buyer or Seller shall be valid for one (1) year.
The User shall complete the registration form and provide the following requisite informations:
. title, surname and forename, telephone and fax numbers, language chosen, company name and field;
. identifier (electronic address) and password, secret question and answer enabling the Seller or Buyer to retrieve the password should it be forgotten.
Click to consult our policy on the protection of private data.
An email shall then be sent to the User to ensure the electronic address provided is valid.
The User must then confirm registration by clicking on the link provided for this purpose in the email.
The private data thus stored may be accessed and modified in My Account.
(Click to consult our policy on the protection of private data.)
Should the registration form be incomplete, EUROPAGES will be unable to proceed with the free registration.
The User shall guarantee the accuracy and the up-to-date character of the information forwarded to EUROPAGES on registration.
EUROPAGES shall however not be held responsible for any inaccuracy in the information forwarded by the User or the up-to-date character thereof.

I.4 Identifier and password

The User hereby undertakes to ensure the confidentiality of any identifier and password chosen and forwarded to EUROPAGES.
Use thereof shall be deemed to be made by the User itself.

I.5 Obligations of the User

The User hereby undertakes to refrain from hindering the smooth operation of Public Procurement in any manner whatsoever.
More specifically, it shall ensure the throughput is not unduly overloaded and/or that no elements shall be transmitted that may be likely to damage, intercept and/or interfere with all or part of the Europages Site.

I.6 EUROPAGES' positioning

The Public Procurer publishing an Invitation to Tender provides itself the information concerning its Invitation to Tender (description of products, photographs, quantities, volumes, etc.).
From that time, it takes full responsibility for the contents of the information published in Public Procurement.
EUROPAGES shall encourage the Users of Public Procurement to check the reliability of the Public Procurers with which they forge commercial links.
In no event shall EUROPAGES be held responsible for the establishment, execution or termination of any relations established between one and/or several Bidders and one and/or several Public Procurers.
EUROPAGES shall not guarantee any exclusivity for the User, nor that a Public Procurer will have recourse to the User putting in a bid for tender.
EUROPAGES shall not be held responsible for the consequences of the use of inaccurate or omitted information, or if the Invitations to Tender published in the OJEU do not feature in Public Procurement in their entirety.
EUROPAGES shall in no event be held responsible for any financial or commercial prejudice suffered by any Bidder or Public Procurer such as missed opportunities, loss of profit, loss of turnover, loss of orders, loss of data, loss of savings, any additional charges or tainting of image.
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II. PAID USE

II.1 Products on sale

The Bonus Pack comprises:
a subscription to Buy & Sell;
a subscription to Public Procurement.
You can subscribe for 12, 6 or 3 months.

II.2 Ordering

The order is placed by filling in the online form.
The Customer receives confirmation of its order by email at the address indicated at the time of registration. The Customer shall confirm this address when placing the order.

II.3 Modes of paid subscription

Option 1: the User is already registered free.
Its identifier and password are requested.
Then, invoicing details and the VAT number must be sent.
Option 2: The User is not yet registered.
The User must follow the free registration procedure.
Then, invoicing details and the VAT number must be sent.
The Seller then enters a secured session so as to proceed with the payment of the subscription charge.
Payment may be made with the following credit cards: Delta, MasterCard, Eurocard, Visa and Laser.
The full amount of the order is debited from the account for which the corresponding credit card number has been forwarded to EUROPAGES. A bill is then sent to the User having subscribed.

II.4 Invoicing

The Customer receives an invoice by email indicating all sums received.
In the event of an invoicing error, EUROPAGES undertakes to process the request within three (3) weeks of the receipt of the request.


II. 5 Accessibility

The services included in the Bonus Pack are accessible immediately after online payment has been accepted.

II.6 Taxes

The price of the Bonus Pack is indicated exclusive of taxes.

II.7 Cancellation and termination

The order may be cancelled no more than seven (7) days after the Bonus Pack is set in place. EUROPAGES shall strive to ensure the Customer is reimbursed within 48 hours.
Beyond this limit of seven (7) days, the order shall be deemed active for the period of one year, and as such no reimbursement, full or partial, and no early termination shall be possible.
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III. GLOBAL PROVISIONS

III.1 Intellectual property rights

Europages and its logo are registered trade marks.
They are the exclusive property of EUROPAGES
All editorial elements and contents of the Europages Site (notably trade marks, texts, graphics, logos, animations, etc.) are the exclusive property of EUROPAGES, with the exception of elements contributed by EUROPAGES' partners or other sites accessible via the Europages Site.
All rights of reproduction or representation of the Europages Site are reserved for all countries and for all media, present and/or future.
The User acknowledges that the downloading of addresses and information from the Europages Site for the purposes of constituting a database is prohibited.

III.2 Copyright

In accordance with Act n° 98-536 of July 1 1998 transposing into the French Intellectual Property Code the European Directive n° 96/9/EC of March 11 1996 concerning the legal protection of databases, EUROPAGES is producer and owner of all or part of the databases making up the Europages Site with the exception of elements contributed by EUROPAGES' partners or other sites accessible from the Europages Site.
With regard to the database making up the Europages Site, the User hereby acknowledges that the data comprised therein is legally protected and, in accordance with the legal provision cited hereabove, shall refrain from:
extracting, reusing, storing, representing, reproducing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases on the Europages Site;
proceeding with the extraction or repeated and systematic reuse of qualitatively or quantitatively non-substantial parts of the contents of the databases on the Europages Site to which it may obtain access
when such operations manifestly go beyond the normal Terms of use.
Any attempt at fraudulent extraction shall be deemed to constitute infringement of copyright.

III.3 Use of links to sites external to the Europages Site

Certain pages on the Europages Site contain links to external Internet sites having no partnership with Europages.
As EUROPAGES is unable to monitor all the contents of the Internet sites linked to the Europages Site, the User hereby acknowledges that EUROPAGES shall not be held responsible for any products, services and/or information available on and/or from such Internet sites.
EUROPAGES hereby encourages its Users to read the policy on the protection of personal data of each Internet site they consult.

III.4 User's comments

EUROPAGES shall provide the User with the opportunity to make comments and suggestions concerning Public Procurement.
The information they contain may be used freely by EUROPAGES, with no financial consideration for the User concerned.

III.5 Security

EUROPAGES applies a set of measures designed to limit the risks connected with intrusion, piracy and the introduction of viruses into its servers and/or the Europages Site.
EUROPAGES is unable to offer an absolute guarantee of security, in so far as the Internet is an open network, by nature sensitive to such risks. The User of Public Procurement hereby declares it is aware of said risks and accepts them.
In no event shall the liability of EUROPAGES be invoked for any injury and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of Public Procurement and/or from the suspension and/or termination thereof or from the connection to the Europages Site.

III.6 Equipment and connection charges

It shall be incumbent upon the User to install the appropriate equipment so as to access Public Procurement. All costs relating to equipment, connection and transmission necessary for the use of Public Procurement shall be borne exclusively by the User.
Furthermore, it shall be incumbent upon the User to take the appropriate measures to protect its own data and/or software stored on its computing equipment against any loss or damage. The User shall be solely responsible for the connection.

III.7 Suspension of access to Public Procurement

EUROPAGES may suspend access to Public Procurement and/or to all of the Europages Site of any registered and/or subscribing User that may infringe the Terms of Use and more generally any legislation and/or regulation that may be applicable.
Such suspension shall not imply the liability of EUROPAGES, without prejudice to its other rights to take legal action, and shall be notified by email.
In such an event, EUROPAGES shall make no reimbursement, either full or partial, if the User has subscribed to a Bonus Pack.

III.8 Application and duration of validity of the Terms of Use

The Terms of Use of Public Procurement and the services associated therewith shall apply to the User upon connection to the Europages Site.
They shall prevail over all previous Terms of Use and may be amended at any time by EUROPAGES.
In such an event, the amendments shall be effective as soon as they are posted online.

III.9 Jurisdiction

In the event of major difficulty or dispute between the User and EUROPAGES, the Parties hereto hereby agree to seek an amicable settlement.
Should this fail, any such dispute shall be submitted to the Nanterre Commercial Court.
The present Terms of Use shall be subject to French law.
Should the present Terms of Use be translated, the French version shall prevail over all others.

APPENDICES

APPENDIX 1

The Public Procurer

The Public Procurer, also known as the Contracting Authority as defined by the European Directives on public procurement, designates the state, territorial units, organisations set up under public law, associations formed by one or more of these units or organisations, semi-public companies, companies set up under private law in which the state has a stake, subcontractors and associations set up under the French Act of 1901 financed or controlled by the public sector.

APPENDIX 2

intra-community VAT

Companies located within the European Union
The 6th European Directive of May 17 1977, amended in 1992, establishes the principle of intra-community VAT. The objective thereof is to simplify and develop exchanges, and to avoid companies being taxed twice, in their country of origin and in the country where they purchase goods or services.
Generally speaking, a purchase made abroad is subject to the regulations applicable in the country in which such purchase is made. However, if the importing company is based in the European Union and has a valid VAT number, a purchase ordered and received within the European Union is not subject to VAT in the exporting country.
To determine the country in which the VAT must be paid, the purchaser must provide the seller with its VAT number.
Thus, regarding purchases made from EUROPAGES, companies located in a European Union member state outside France and possessing a valid VAT number shall be exempt from paying French VAT.
As EUROPAGES's head office is located in France, French companies shall be subject to French VAT.
Companies located outside the European Union
EUROPAGES's prices are quoted exclusive of VAT. If the User is not based within the European Union, it must discharge the duties, taxes and excise relating to the importation of goods and services from France. The User is also bound to ensure that the importation of such goods and services does not infringe the laws in force in the importing country.

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