Americas Edition (United States, Canada, Latin America)
PREAMBLE
These General Terms and Conditions (hereinafter the “GTC”) govern the terms and conditions under which L’Express Connect (hereinafter “L’Express”) markets its subscription services to its platform, accessible in particular at https://lexpress-franchise.com/.
By subscribing to a plan offered by L’Express, the Client unconditionally accepts these GTC.
The contract is comprised of these GTC, the quote signed by the Client, the General Terms of Use, and the Privacy Policy. In the event of any conflict between the Client’s own terms and L’Express’s GTC, the latter shall prevail.
ARTICLE 1 – PURPOSE
This contract covers a matchmaking service between franchise networks (the “Client”) and franchise candidates via a digital platform.
ARTICLE 2 – SERVICE DESCRIPTION
A subscription includes in particular:
- the creation and publication of a digital listing presenting the Client’s brand on the L’Express Franchise platform;
- the integration of information relating to the concept, network access conditions, and development opportunities;
- access to applications submitted by candidates who have expressed interest in the brand through the online form;
- the ability for the Client to review these applications and contact candidates directly.
Depending on the plan selected, L’Express may also offer:
- the production of editorial or audiovisual content (interviews, videos, photographs, reports, etc.);
- customisation tools and listing management features.
L’Express reserves the right to evolve the service and platform features at any time.
ARTICLE 3 – ACCESS TO SERVICES
All service offers are subject to a prior quote sent to the Client, detailing the services proposed and the price of each item.
The quote is accompanied by a summary of the applicable contractual terms. These full General Terms and Conditions are accessible at https://lexpress-franchise.com/general-terms-americas and form an integral part of the contract.
Signing the quote constitutes acceptance of all the contractual documents referred to above.
ARTICLE 4 – SERVICE DELIVERY
4.1 Service Start
Services commence upon signature of the quote by the Client.
They include an initial activation phase covering in particular:
- Client onboarding;
- creation and configuration of the digital listing;
- integration of content provided by the Client or publicly available;
- set-up of distribution tools, tracking, and, where applicable, promotional campaigns.
4.2 Listing Publication
L’Express will endeavour to publish the listing within an indicative period of thirty (30) days from the date of signature.
This timeframe depends in particular on the Client’s responsiveness in providing the necessary information and content. Any delay attributable to the Client shall not engage L’Express’s liability.
If the necessary materials have not been provided within sixty (60) days of signature, L’Express may proceed with publication based on available information.
4.3 Content Production
Depending on the plan selected, L’Express may produce editorial or audiovisual content (videos, interviews, photographs, etc.), the logistics of which are agreed directly between the Client and L’Express.
The shoot date is agreed between the parties. If the Client cancels or postpones the shoot less than five (5) business days before the agreed date, the Client agrees to pay L’Express a flat cancellation fee of $1,000.
Publication of the listing is not conditional on the completion of such content.
4.4 Content Updates
The Client may request changes to certain information on their listing during the subscription period. Certain modifications or the production of new content may be subject to an additional fee invoiced separately.
ARTICLE 5 – FINANCIAL CONDITIONS
5.1 Pricing
The subscription price is set out in the quote sent to the Client. Each subscription covers a single brand. Any additional brand must be the subject of a separate subscription.
Quotes and invoices are issued in US dollars (USD). Prices are fixed and not indexed to exchange rate fluctuations.
5.2 Invoicing
Subscriptions are invoiced on an annual basis. Unless otherwise stated, the invoice is issued at the end of the month in which the quote was signed and is payable upon receipt.
5.3 Payment Methods
Payments may be made by bank transfer, credit card, direct debit, or via an online payment solution (including Stripe). Any bank charges related to international wire transfers are borne by the Client.
5.4 Monthly Instalments
The Client may choose to pay the annual subscription in full, or in twelve (12) monthly instalments. In the latter case, these instalments constitute a fractional payment of the annual subscription and do not constitute a monthly subscription that may be cancelled. The full annual subscription amount remains due.
5.5 Price Revision
L’Express reserves the right to revise its pricing at the contract’s renewal date. Any revision will be communicated to the Client with sixty (60) days’ prior notice before the anniversary date.
5.6 Non-Payment
Any overdue payment entitles L’Express to immediately suspend access to the services, including taking the listing offline and blocking access to candidate applications.
Access to the services will be restored upon full payment of the outstanding amount.
In the event of persistent non-payment, L’Express may terminate the contract in accordance with Article 8, following written notice that remains unaddressed for thirty (30) days.
Late payment interest at an annual rate of 12% (i.e. 1% per month) may be applied from the due date, along with reimbursement of any recovery costs incurred, evidenced by supporting documentation.
ARTICLE 6 – TERM
The contract is entered into for an initial term of one (1) year from the date of signature of the quote.
It is automatically renewed for successive one (1)-year periods unless either party gives notice to the contrary.
Non-renewal must be notified at least one (1) month before the expiry date, by any written means providing evidence of receipt.
ARTICLE 7 – CLIENT OBLIGATIONS
The Client undertakes to:
- provide accurate and up-to-date information about their brand;
- submit the materials required for the creation of their listing within a reasonable timeframe;
- use information obtained from the platform solely for the purpose of recruiting franchise candidates;
- refrain from publishing unlawful, abusive, or defamatory content, or content infringing the rights of third parties;
- treat personal data of candidates accessed through the platform confidentially and solely for the purpose of franchise recruitment;
- warrant that it holds all intellectual property rights over the materials, trademarks, logos and content it transmits to L’Express or publishes online, or that it has obtained all necessary authorisations.
The Client shall indemnify L’Express against any third-party claims arising from content it publishes on the platform or via the private messaging feature.
ARTICLE 8 – TERMINATION
As the contract is entered into for a fixed annual term, any early termination by the Client shall result in all amounts due until the end of the contract term becoming immediately payable.
L’Express may suspend access to the services or terminate the contract in the event of a breach by the Client of its obligations, including non-payment, if the Client fails to remedy the breach within thirty (30) days of receiving written notice.
In the event of a serious breach (including unlawful or abusive content), suspension may take effect upon simple notification, without prior notice.
ARTICLE 9 – LIMITATION OF LIABILITY
L’Express acts solely as a digital matchmaking platform between franchisors and candidates. It does not guarantee the accuracy of information provided by users, nor the conclusion of any agreement between the parties.
L’Express commits to keeping the platform operational but does not guarantee uninterrupted availability.
L’Express shall not be liable for any failure or delay resulting from a force majeure event, including natural disasters, fires, epidemics, acts of war or terrorism, strikes, network failures or decisions by public authorities. The affected obligations shall be suspended for the duration of the event. If the event continues for more than thirty (30) consecutive days, either party may terminate the contract by written notice, without compensation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, L’EXPRESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
In any event, L’Express’s total liability shall not exceed the total amount of sums actually received under this contract.
ARTICLE 10 – INTELLECTUAL PROPERTY AND CONTENT
All elements of the platform, including its structure, design, databases, content (including audiovisual content), and associated trademarks, are the exclusive property of L’Express.
All editorial and audiovisual content produced by L’Express as part of the subscription (videos, interviews, photographs, etc.) remains the exclusive property of L’Express.
The Client is granted a non-exclusive right of use of this content, strictly limited to its publication on the L’Express Franchise platform, and solely for the duration of the contract.
Upon expiry or termination of the contract, this right of use ends automatically. The Client undertakes to immediately cease all use of the content produced, on any medium whatsoever, including their website and social media channels.
The Client may at any time acquire permanent external exploitation rights to this content for a flat fee of $2,000 (excl. applicable taxes).
ARTICLE 11 – PERSONAL DATA
Personal data collected in the course of the service is treated confidentially and used solely for the purposes of performing the contract. L’Express is authorised to send marketing communications to the Client, from which the Client may unsubscribe at any time by contacting franchise@lexpress-connect.com.
The Client undertakes to handle personal data of candidates accessed through the platform with the same level of confidentiality, and solely for the purpose of franchise recruitment. The Client is solely responsible for implementing appropriate measures in this regard.
The Client may exercise their right of access, rectification or deletion of their own personal data by contacting franchise@lexpress-connect.com.
ARTICLE 12 – GOVERNING LAW AND DISPUTES
The parties agree to a contractual limitation period of one (1) year.
This contract is governed by the laws of the State of New York, without regard to its conflict of law provisions. In the event of a dispute, the parties agree to seek an amicable resolution before initiating any legal proceedings. Written notice of the dispute must be sent to the other party. If no amicable resolution is reached within thirty (30) days of such notice, the parties may pursue available legal remedies.