Disclaimer
Art. 1. Purpose
These General Terms and Conditions apply to all commercial activities of TFP Africa. All other general terms and conditions, in particular those of the customer, another Party to the Agreement, are not applicable.
TFP Africa is entitled to modify these General Conditions provided that it notifies the customer. This notice will be made automatically at the next login of the Customer but can also be notified by means of a mention included in the invoice as well as by e-mail or ordinary mail. Unless another date has been specified, said modifications will come into force one (1) month after receipt of this notice.
Art. 2. Provision of services
TFP Africa will carry out its task in accordance with the rules of the art applicable in its sector and will do everything reasonably in its power to obtain the expected results and achieve the objectives set within the framework of the project.
If either party fails to comply with these General Terms and Conditions, the other party shall be entitled to send an official notice by registered letter specifying the breaches or defects and the elements that are not in conformity. If, within two weeks of such official notice, the defaulting party has not remedied the breach or defect, the complaining party shall be entitled to terminate the project with immediate effect.
Art.3. Payment conditions
Payments are made in advance by electronic transfer to the bank account of TFP Africa and any bank charges related to these transactions must be borne by the user. Transfers must necessarily mention the structured message, specific to each user account, delivered by its system and can always be consulted in the "Credits/How to increase my credit" section of the Customer's online environment.
Credits are deducted once a BESC/SPN has been pre-validated and cannot be refunded.
A request for reimbursement of unused credits must be sent to the email: info@tfpafrica.com
Any claim must be made to TFP Africa by registered letter within eight (8) days following payment.
Art.4. Intellectual Property Rights
Unless otherwise agreed, all property rights to the results obtained, recommendations made, reports, studies, analyses carried out and data provided, etc., as well as to the Trade Facilitation Portal for Africa (TFPA) remain the property of TFP Africa.
Art. 5. Confidentiality
Confidential information means any technical or commercial information relating to business secrets, manufacturing secrets, etc., but also any revelation or opinion relating to the personal sphere.
Unless otherwise authorized in writing by the disclosing party, the parties undertake, on the one hand, not to use, reproduce or distribute this information, whether directly or indirectly, verbally or in writing, outside the context of the project or the order, and on the other hand, to take all necessary measures to prevent this information from being disclosed to others, with the exception of members of its personnel who must use it to carry out the project or execute the order.
This duty of confidentiality does not apply if the receiving party can provide proof that the information was in the public domain, that it already knew it or that it had obtained it legally from a third party without an obligation of confidentiality.
The Receiving Party shall indemnify the Disclosing Party against any loss or damage suffered by the latter as a result of the Receiving Party's failure to comply with the commitments referred to in this Article.
Art. 6. Liability
The contractual and extra-contractual liability of TFP Africa will in any case be limited to repairing existing damages which are the immediate and direct consequence of an intentional fault on its part or on the part of its staff or subcontractors.
TFP Africa shall not be liable in any way for any loss of (or damage to) data, loss of business, loss of profit, loss of income, goodwill or goodwill (including damage to reputation or image) or loss of anticipated savings, or for any consequences arising from the client's use of any results, reports, recommendations or other data provided by TFP Africa.
Art. 7. Force majeure
TFP Africa shall not be held liable for delays or shortcomings in the performance of its obligations whenever such delays or shortcomings are due to force majeure.
"Force majeure" means any event beyond the control of the parties which could not have been foreseen and could not have been avoided despite reasonable efforts.
This is also the case when TFP Africa has in good faith continued its activities for the benefit of customers, in the absence of notification by the State of the loss of license or permit.
In the event that the force majeure lasts for more than two months, both parties shall have the right to terminate the project or cancel the order by registered letter without any compensation being due.
Art.8. Applicable law and competent courts
These General Conditions are governed by Indian law.
