Identity of the service provider
Bubble Communication is a sole proprietorship (entreprise individuelle) represented by Véronique Hemet Largeau.
- Registered office
- 8 square de Réthel, 17000 La Rochelle, France
- SIREN
- 812 706 968
- SIRET
- 812 706 968 00029
- vlargeau@agencebubble.com
- Website
- agencebubble.com
Professional training activity: activity declaration registered under number 75 17 03412 17 with the Prefect of the Nouvelle-Aquitaine region. This registration does not constitute State approval or endorsement.
Véronique Largeau holds certification RS6557 “Conception et animation d’une formation en présentiel et à distance” (design and delivery of in-person and remote training), registered in the French Répertoire spécifique.
Bubble Communication is hereinafter referred to as “the Service Provider” and its contracting party as “the Client”.
Scope
These Terms and Conditions of Sale, hereinafter the “T&Cs”, apply to the services performed by Bubble Communication for professional clients in France and internationally.
Bubble Communication operates in particular in the following fields:
- audit and strategic framing;
- communications strategy and management;
- outsourced communications director;
- press and media relations in France and internationally;
- design and management of media plans;
- editorial strategy, newsletters, articles and content;
- LinkedIn positioning and management;
- event communications, trade shows and launches;
- coordination and management of specialist suppliers;
- support for foreign companies in their communications and visibility in France and in Europe;
- professional training and teaching assignments.
The precise scope, deliverables, schedule, fees and, where applicable, the commitment period are defined in the applicable quotation, proposal, contract or training agreement.
In the event of any conflict, the special conditions expressly agreed between the parties prevail over these T&Cs.
Orders
Any order implies acceptance of these T&Cs.
An order becomes firm upon written acceptance of the quotation, proposal, contract or training agreement.
Such acceptance may result in particular from a handwritten or electronic signature, or from explicit agreement sent by e-mail, allowing the Client’s agreement to be established unambiguously.
The start of certain services may be conditional upon payment of a deposit where such a deposit is provided for in the special conditions.
Prices, VAT, currencies and expenses
The applicable prices are those set out in the quotation, proposal, contract or training agreement.
They are expressed in euros exclusive of tax, unless another currency is expressly agreed with a Client established abroad.
For international payments, any bank charges are borne by the Client so that Bubble Communication receives the full invoiced amount, unless otherwise agreed.
The applicable VAT regime depends on the nature of the service, the Client’s location and the tax rules applicable to the transaction.
Professional training activities benefiting from the VAT exemption are invoiced in accordance with Article 261, 4, 4° a of the French General Tax Code (Code général des impôts).
Other services are subject to the VAT regime applicable to the transaction concerned.
Unless stated otherwise, fees do not include expenses incurred for the purposes of the assignment, in particular travel, mileage, tolls, parking, accommodation, meals, printing, media space buying, registration fees, subscriptions or third-party services.
Expenditure not initially provided for is subject to the Client’s prior approval.
Scope of work and additional services
The service comprises exclusively the assignments, deliverables, volumes, markets and interventions defined contractually.
The following may, in particular, give rise to additional invoicing:
- the addition of deliverables or assignments;
- extension to an additional brand, market, country or entity;
- a significant change to the brief after the assignment has started;
- substantial changes requested after approval;
- the addition of meetings, travel or interventions not initially provided for;
- a significant change to the schedule at the Client’s request;
- an urgent request requiring the schedule to be reorganised;
- additional work resulting from missing, incorrect or late information.
Bubble Communication informs the Client in advance where a request entails an additional service or cost.
Client obligations and approvals
The Client undertakes to provide, within the agreed deadlines, the information, documents, access rights, data, photographs, videos, graphic assets, approvals and decisions required to carry out the assignment.
The Client warrants the accuracy of the information provided and that it holds the necessary rights in the materials it supplies to Bubble Communication.
The Client remains responsible for validating the technical, commercial, pricing and regulatory information relating to its business, products and services.
Any delay in providing the required materials or approvals may result in the schedule being postponed, without incurring any liability on the part of Bubble Communication.
Where a mandatory deadline exists — in particular a publication, a trade show, a launch, a print run or a submission to a media outlet — the Client’s failure to meet the approval deadline notified to it releases Bubble Communication from its obligation to meet the original deadline.
Press relations, media relations and media plans
Press relations and media relations services constitute an obligation of means (obligation de moyens) and not an obligation to achieve a specific result.
Bubble Communication cannot guarantee any publication, interview, attendance of a journalist, specific number of press mentions, or their date, format, editorial content, audience or commercial consequences.
Editorial decisions belong exclusively to journalists, editorial teams, media outlets and publishers.
Advertising space buying, media partnerships and other media investments are separate from Bubble Communication’s fees, unless otherwise stated contractually.
Digital communications and content
Bubble Communication may work on editorial strategy, newsletters, professional content, executive thought leadership and social media, in particular LinkedIn.
No specific level of audience, reach, engagement, traffic, conversion, lead generation or revenue is guaranteed, unless expressly undertaken contractually.
The objectives and indicators defined as part of an assignment are management and steering tools, not a guarantee of results.
Changes to the algorithms, policies or terms of use of third-party platforms are beyond the control of Bubble Communication.
Events and trade shows
Bubble Communication may be involved in the strategy, preparation, communications, coordination, on-site presence and follow-up of events, launches and trade shows.
Cancellation, postponement, a change of venue or a modification of the organisational conditions decided by a third-party organiser does not constitute a breach attributable to Bubble Communication.
Additional services required as a result of a postponement or a substantial modification are subject to agreement between the parties.
External suppliers
Bubble Communication may identify, recommend, brief, coordinate or supervise specialist suppliers, in particular graphic designers, developers, photographers, videographers, printers, agencies, media outlets or advertising sales houses.
Where the Client contracts directly with the supplier concerned, Bubble Communication is not a party to that contract and is not liable for the performance of that third party’s obligations.
The cancellation, modification or refund conditions of the supplier concerned remain applicable.
Payment terms
Unless special conditions are expressly agreed before the order, invoices are payable on receipt.
A different payment period may be granted by Bubble Communication subject to prior agreement. Such period may not exceed 30 days from the invoice issue date.
Certain assignments may be subject to a deposit or an instalment schedule specified in the quotation or contract.
Any sum not paid when due gives rise, automatically and without prior reminder, to the late payment penalties provided for in Article L. 441-10 of the French Commercial Code (Code de commerce).
Any professional Client in late payment is also automatically liable for a fixed indemnity of €40 for recovery costs. Additional compensation may be claimed where the recovery costs actually incurred are higher.
Bubble Communication may suspend ongoing services in the event of late payment, after having informed the Client.
Cancellation or postponement of a one-off assignment
Services already performed and expenses already incurred remain payable in the event of cancellation by the Client.
Unless special conditions are agreed between the parties:
- more than 30 calendar days before the service: work performed and expenses incurred are payable;
- between 30 and 15 calendar days: 30% of the amount of the cancelled service;
- between 14 and 7 calendar days: 50% of the amount of the cancelled service;
- less than 7 calendar days: 100% of the amount of the cancelled service.
This scale applies to the service, the days or the part of the assignment affected by the cancellation, and not automatically to an entire recurring assignment.
Where Bubble Communication’s availability allows, a postponement may be offered.
Non-refundable expenditure committed with third parties remains payable in full.
Recurring assignments
The duration and any commitment conditions of a recurring assignment are specified in the quotation or contract.
Certain services may include a minimum commitment period, in particular outsourced communications director engagements or recurring international assignments.
An assignment entered into for a fixed term is payable for the agreed period, unless the parties agree otherwise or one of them commits a sufficiently serious breach.
Where an assignment is entered into without a fixed term, or continues beyond its initial term without a new firm commitment, either party may terminate it by giving 30 calendar days’ written notice.
Services performed and sums due up to the effective end date of the assignment remain payable.
International assignments
Bubble Communication may support foreign companies in their communications strategy, visibility, media relations and development in France and in the European markets defined in the assignment.
Unless expressly stipulated otherwise, Bubble Communication acts as a consultancy and communications service provider and not as a commercial agent, distributor, legal or tax representative, or attorney-in-fact of the Client.
Bubble Communication is not authorised to enter into contracts in the name of and on behalf of the Client.
Recommendations concerning a market, media outlets, events, partners or opportunities do not constitute any guarantee of market entry, conclusion of contracts, lead generation or revenue.
The Client remains responsible for the compliance of its products, services, offers and activities with the regulations applicable in the territories concerned.
Languages
Contractual exchanges and documents may be drawn up in French or in English.
Where these T&Cs are available in both languages, the French version constitutes the reference version in the event of any divergence of interpretation, unless expressly stipulated otherwise in the contract.
Professional training
Bubble Communication carries out a professional training activity declared under number 75 17 03412 17 with the Prefect of the Nouvelle-Aquitaine region. This registration does not constitute State approval or endorsement.
Véronique Largeau holds certification RS6557 “Conception et animation d’une formation en présentiel et à distance”, registered in the French Répertoire spécifique.
Bubble Communication offers, in particular, professional training courses in communications strategy, press and media relations, media planning, event communications and fields associated with its expertise.
Training activities may be delivered in person or remotely.
The programme, objectives, target audience, any prerequisites, duration, teaching and assessment methods, financial conditions and organisation are specified in the documents specific to each training activity.
The training agreement or training contract supplements these T&Cs and prevails in the event of any conflict.
Cancellation of a training course
Unless special conditions apply:
- more than 30 days before the session: no indemnity, other than for specific preparatory work and expenses incurred;
- between 30 and 15 days: 30% of the amount of the cancelled session;
- between 14 and 7 days: 50% of the amount of the cancelled session;
- less than 7 days, or absence on the scheduled day: 100% of the amount of the cancelled session.
Where a postponement is possible, Bubble Communication may waive all or part of the indemnity.
Non-refundable expenses already incurred remain payable.
Sums corresponding to a cancellation fee or cancellation indemnity which do not remunerate a training activity actually delivered are treated in accordance with the applicable tax and training-funding rules.
In the event of cancellation by Bubble Communication, a new date is sought as a priority. If no postponement is possible, sums paid in respect of services not delivered are refunded.
Higher education
Teaching, courses and other educational assignments carried out for educational institutions do not automatically fall within the regime applicable to continuing professional training activities.
They are delivered and invoiced in accordance with the contract entered into with the institution and with the applicable legal and tax regime.
Intellectual property
The methods, tools, models, frameworks, methodologies, working documents and know-how of Bubble Communication remain its property.
Delivery of a deliverable does not automatically entail the assignment of all intellectual property rights that may attach to it.
Where an assignment of economic rights is required, it is defined in the quotation, the contract or a specific document setting out in particular the rights concerned, their purpose, their territory and their duration.
Unless stipulated otherwise, any assignment or authorisation to exploit is conditional upon full payment for the service concerned.
The Client retains its rights in the trademarks, logos, documents and other materials it supplies to Bubble Communication.
Materials belonging to third parties remain subject to the rights and licences of their holders.
References, confidentiality and embargoes
Unless the Client objects in writing, or a confidentiality undertaking or applicable embargo provides otherwise, Bubble Communication may mention the Client’s name, brand and logo, as well as the general nature of the assignment, among its professional references.
Non-public commercial, strategic, financial, technical or organisational information obtained in the course of the assignment remains confidential.
No information subject to an embargo brought to the attention of Bubble Communication may be disclosed before that embargo is lifted.
This confidentiality obligation survives the end of the contractual relationship.
Personal data
Personal data collected in the context of the business relationship is used for the management of prospects, clients, assignments, contracts, training courses and invoicing.
Each party undertakes to comply with the applicable personal data protection regulations.
Detailed information on the processing carried out by Bubble Communication is set out in the Privacy policy available on the website.
Where Bubble Communication processes personal data on behalf of a Client as a processor within the meaning of the GDPR, the respective obligations of the parties are set out contractually where necessary.
Liability
Bubble Communication undertakes to perform its services diligently and in accordance with the agreed scope.
Unless expressly undertaken otherwise contractually, its services constitute an obligation of means (obligation de moyens).
Bubble Communication cannot be held liable for consequences resulting in particular from:
- incorrect, incomplete or late information provided by the Client;
- a decision or approval by the Client;
- a decision or failure of a media outlet, organiser, platform or third-party supplier;
- a change in a platform, market or event outside the control of Bubble Communication;
- an event reasonably beyond its control.
Subject to mandatory legal provisions, Bubble Communication is not liable for indirect damage, in particular loss of revenue, margin, profit, clientele or commercial opportunity.
To the extent permitted by law, the total liability of Bubble Communication in respect of an assignment is limited to the amount, exclusive of tax, of the fees actually paid for the service directly giving rise to the damage.
Force majeure
Neither party may be held liable for a failure resulting from an event having the characteristics of force majeure within the meaning of French law.
The party concerned informs the other party as soon as reasonably possible.
The obligations prevented are suspended for the duration of the impediment. Services already performed and expenses definitively incurred remain payable.
Governing law
THESE T&CS AND ANY CONTRACT ENTERED INTO WITH BUBBLE COMMUNICATION ARE GOVERNED BY FRENCH LAW, INCLUDING WHERE THE CLIENT IS ESTABLISHED ABROAD, SUBJECT TO ANY MANDATORY PROVISIONS THAT MAY APPLY.
The parties expressly agree on the choice of French law as the law applicable to their contractual relationship.
Dispute resolution and jurisdiction
The parties shall endeavour to seek an amicable solution before any legal proceedings.
FAILING AN AMICABLE AGREEMENT, AND WHERE THE LAW PERMITS A CONTRACTUAL ATTRIBUTION OF JURISDICTION, EXPRESS JURISDICTION IS GRANTED TO THE COMPETENT COURTS OF LA ROCHELLE, FRANCE, INCLUDING WHERE THE CLIENT IS ESTABLISHED ABROAD.
Where this clause cannot lawfully be applied, the competent court is determined in accordance with the applicable mandatory rules.
Acceptance and applicable version
The Client acknowledges having had the opportunity to review these T&Cs before placing an order.
Acceptance of the quotation, proposal, contract or training agreement referring to these T&Cs entails acceptance of them.
The applicable T&Cs are those in force on the date of the order.