General terms Article 1: Object of the contract
The genealogist is obliged at an obligation of means. Consequently, he is committed carrying out the most complete search possible, according to the documents available and in the respect of the texts of the French law. He will do everything possible to obtain the anticipated results and his fees will be entirely dues if the search is successful as well if it is unsuccessful.
The genealogist commits himself seeking any attesting document of the relationship of the individual, in priority the parochial acts and the civil status. The result of his search will be the subject of a detailed report including at least the reproduction of the documents proving the relationship and making state also of the consulted documents and of possible gaps.
Article 2: Completion dates
The completion date is a maximum of six months. It is likely to be reviewed according to exceptional and random closure of the services archives, or any unexpected difficulties encountered during the searches as well as disease or accident of the searcher, and more generally at the time of all other case of absolute necessity and fortuitous.
Article 3: Price and Terms of Payment
For the customers living out of France, the entire payment is due when ordering.
A delayed payment in several monthly payments can be envisaged with the agreement of the both parties. In this case, the search will begin when fifty percent of the payment will be received and the work will be not presented before the last monthly payment.
Any excessive delay of payment makes run, automatically, some interests at a rate equal to once and half the legal rate of interest (law of the French republic nº 92-1442 of the 31.12.1992).
Any other additional expenses generated by the service will remain to the genealogist except prior and written agreement of the customer.
Article 4: Modification of the contract
This contract can be modified constantly, on request of one of the parties, with a thirty days notice. In the event of agreement, the modification will become effective from the signature by the two parties of an addition to the present contract.
Article 5: Property of the results
The genealogist enjoys a perpetual, inalienable and imprescriptible moral property on the dossier which he provides to his customer, not on the documents of archives which constitute the dossier.
He is committed to give to his customer all the elements, in particular the reports, the reproductions and other documents required and prepared especially for him and whose working restores the genealogy or the archivistic research object of this contract. The customer commits himself to use the dossier given only for private use. He will be able to take consulting near the genealogist before all other use.
Article 6: Confidentiality and protection of the private life
The genealogist is obliged to the professional secrecy. He commits himself in particular respecting the texts of law protecting the private life of the people. The parties, within the framework of this contract, will not exchange any confidential matter about a third party and will act rightly on any occasion.
Article 7: Responsibility in the event of damage
Each contracting part assumes, under the conditions of the common right, the responsibility for the physical, material or immaterial injuries caused by their goods or their processes with the personnel and the goods of the other part as well as to the thirds parties. In the event of litigation, the competent jurisdiction is that of the place of residence of the genealogist.
Article 8: Duration of the contract
This contract takes effect with its acceptation by the two parties and will remain in force until complete realization of its object. Each part can however terminate this contract constantly, subject to a thirty days notice. In which case, the genealogist will be able to refund entirely or not the advance payment of the customer, or to perceive a complementary payment, with proportion of the work already carried out.
Article 9: Obligations of the customer
The customer commits himself :
- to communicate to the genealogist a reliable starting element allowing him to begin his search
- to acknowledge receipt of the service and to regulate the entirety of the amount attached to the present contract at the time required.
This contract is a translation of a French language contract, made to simplify the exchanges between us and our foreign customers. In case of litigation about one or several interpretations of the sentences above, the only reference is the French version.