Preamble

France IX Association, hereinafter the "Association", aims to promote private and public uses of the French and French-speaking Internet, and to federate and lead local and global players in network interconnection.

Its main aims are to

-   animate the community of members by facilitating the sharing of expertise and experience,

-   share technical and operational information and sector intelligence,

-   take part in and organise information events and technical and extension training courses,

-   bring together French and international Internet players,

-   promote the development, innovation and security of Internet services,

These activities, hereinafter referred to as the "Service", are offered to the user, hereinafter referred to as the "Member".

The Member may or may not be a member of the Association. The Member is a public or private organisation officially registered in France or in its country of origin. The Member must provide all the information requested by the Association in order to set up and maintain the Service. The Member undertakes not to attempt to harm the operation of the Service or a Third Party by using the services made available by the Association.

These conditions may be modified annually at the sole discretion of France IX Association.

Article 1 - Purpose

These General Terms and Conditions of Sale (hereinafter the "Terms") describe the conditions under which the Member may use the Service. The content of the Service is described in the Quotation signed by the Member. The Parties hereby agree that in the event of any modification that may have an impact on these Terms and Conditions, they shall meet within a period of one month in order to modify these Terms and Conditions, if necessary, or to draw up an amendment.

Article 2 - Content of the service

The Association undertakes to provide the Service in accordance with these Terms and Conditions, the Special Terms and Conditions set out in the quotation, if any, and on condition that the Member follows the best practices set out in the Service documents made available to the Member, and complies with these Terms and Conditions.

Article 3 - Interruption of the Service

The Service may be interrupted by the Association. The Association shall inform the Member by electronic means of the temporary or permanent cessation of a Service.

Article 4 - Financial conditions

The Member undertakes to be up to date with his/her membership fees. The Member is hereby informed that the annual membership fee may be modified by the Association, as provided for in the Association's Articles of Association.

The subscription is payable in arrears and payment must be made on receipt of the invoice. In the event of non-payment on the due date, any sum due will automatically bear interest, from the due date, at a rate equal to three times the bank base rate on the due date, without any prior formality.

Unless otherwise stated, invoicing is by default annual. Payment can only be made by bank transfer to the following account:

-   Bank : QONTO

-   IBAN: FR76 1695 8000 0182 8994 0746 936

-   BIC/Swift: QNTOFRP1XXX

-   BIC Partner bank for Swift if needed: TRWIBEB3XXX

Any other form of payment will not be accepted or will be subject to an amendment. France IX Association reserves the right to charge the member for accounting and bank processing fees.

When making a payment, the Member must indicate the invoice number in the transfer details. Any payment received without indicating the invoice number will not be taken into account.

The rates for the Service may be revised annually. The Member will be informed three (3) months in advance of the application of the new rates.

In order to comply with regulations, the Association may have to modify the form, method of calculation or any other element of the invoicing. If such a change is likely to affect the Member's accounts, France IX Association will inform the Member within a period of two (2) months prior to the implementation of the new invoicing.

Payment must be made on receipt of invoice.

Article 5 - Liability

The Association's liability is strictly limited to the provision of the Service. The Association shall under no circumstances be held liable, except in the event of fault on its part, for any consequences or damage caused in particular by interruptions to the Service beyond the Association's control.

 Article 6 - Confidentiality

Each Party undertakes to keep confidential the documents and information, techniques and methods concerning the other Party in the context of the performance of the present contract, hereinafter referred to as the "Information".

Consequently, the Parties undertake to :

-   Respect the strictest confidentiality with regard to Information ;

-   Do not undertake any action that could directly or indirectly undermine the confidentiality of the Information;

-   To ensure that the provisions of this article are complied with by members of their staff, by the staff of any subsidiaries or associated structures, and by any external service providers.

The obligations set out in this article apply for the duration of these Terms and Conditions.

Confidentiality obligations will lapse if the Information falls into the public domain without any intervention by the party owing the obligation.

Article 7 - Duration

The Conditions take effect on the date of signature of the Quotation (hereinafter "the Agreement") until 31 December of the current year.

The Conditions will then be renewed by tacit agreement for successive annual periods, unless terminated by either party by registered letter with acknowledgement of receipt at least six (6) months before the end of the contractual period in question.

Article 8 - Termination

Notwithstanding the provisions of Article 8 "Duration" above, it is agreed that six (6) months after the signing of the Agreement, each of the Parties has the option of terminating the Agreement at any time by registered letter with acknowledgement of receipt, giving three (3) months' notice to the other Party in accordance with the conditions of Article

In the event of non-performance of its obligations by any of the Parties, the other Party will be entitled to terminate the Agreement after formal notice has been given by registered letter with acknowledgement of receipt sent to the defaulting Party and remaining without effect for a period of 15 days from receipt.

Article 9 - Conditions of use of the trademarks

The Association may refer to the Member as a user of the Service. The Member may also refer to his or her presence on the Service.

The purpose of the conditions of use (hereinafter the "Conditions of Use") is to specify the Association's relations with the parties using its trademarks and logos and the commercial procedures to be followed.

The purpose of these conditions of use is to specify the conditions of use of the Association's trademark and associated communication elements, both with regard to the aspects linked to the graphic charter and to the commitments of the Association's Members in terms, in particular, of commercial practices, contractual conditions and offers of electronic communication services.

The Association's trademark and related trademarks have been registered by the Association with the Institut National de la Propriété Industrielle.

The beneficiaries of the right to use the Association's trademarks are the Members of the Association. In order to use these trademarks, Members must comply with the provisions of this document.

Members are invited to contact the Association in order to obtain the logo and graphic charter of the brand. All communication relating to the brand must comply with the graphic charter. The trademark may be used by the beneficiaries of the right of use on any commercial medium of their choice and on their website. This right of use is strictly personal and may under no circumstances be assigned or transferred to a third party, whether free of charge or in return for payment. The right to use the trademark shall remain acquired for as long as the provisions of the Terms and Conditions are complied with and the Member and the Association have a commercial relationship.

All logos and trademarks are covered by the Terms of Use of the trademarks and logos associated with the Association. These can be consulted on the Association's website.

Article 10 - Advertising

The Member authorises the Association to use the Member's name and logo on :

-   its websites;

-   social networks ;

-   printed communication materials (brochures, documentation);

-   its "commercial" documentation (printed presentations or electronic slides).

The Member gives the Association the possibility of drawing up a press release. This press release shall be checked beforehand by the marketing and communications department of the Member's company.

To this end, the Member undertakes to provide the Association promptly with the surname, first name, position, telephone number and e-mail address of a person in charge of marketing and communication for the Member's company.

Article 11 - Miscellaneous provisions

In the event that any of the provisions of the Conditions are declared null and void or inapplicable by a law, regulation or competent jurisdiction by virtue of a final decision, all the other provisions will retain their force and scope and the effect of invalidity will only apply to the part of the Conditions immediately in question, unless the Parties decide otherwise.

The failure to prosecute any breach of any provision of the Terms shall not be construed as a waiver of any subsequent breach of the same or any other provision.

In the event of the occurrence of a case of force majeure within the meaning of the case law of the Cour de cassation (French Supreme Court), the obligations covered by these Conditions will be suspended until the cessation of the corresponding event.

The Agreement which is the subject of these Conditions is deemed to have been entered into in consideration of the person of both Parties. Consequently, neither Party may delegate or assign all or part of its rights or obligations under these Conditions without the prior written consent of the other Party.

No other document whatsoever may give rise to obligations under these Terms unless it has first been the subject of an amendment included in the Quotation. In particular, any general terms and conditions of purchase or similar that modify the terms and conditions of payment for the Service by the Member are excluded.

The Conditions supersede any prior discussions or writings that the parties may have had in relation to the subject matter of the Conditions.

Only the French language is accepted for the interpretation of the Conditions.

Article 11 - Disputes

These Terms and Conditions are governed by French law. In the event of disagreement between the Parties, and in the absence of an amicable agreement, the Association and the Member confer jurisdiction on the Paris Courts, even in the event of multiple defendants or third-party proceedings, and even in the event of summary proceedings.

Article 12 - Relations between the parties :

The Member must provide FranceIX Association with the details of the contacts who will be in contact with the Association:

19 September 2023