EUROPAGES SA, a limited liability company operating under French law with a share capital of 2 800,000 Euros, registered at Nanterre, no. B338 631 930, whose registered address is 127 avenue Charles de Gaulle, Neuilly-sur-Seine 92200 (hereinafter referred to as EUROPAGES), is the publisher of the www.europages.com site and all its translated versions (hereinafter referred to as the Europages Site). This site comprises a range of services including the EUROPAGES company directory, the EUROPAGES Buy & Sell service, the EUROPAGES Public Procurement, EUROPAGES My Account and the Business Resources.
Last update: november 22, 2006
The User acknowledges and accepts the Conditions for the Use of the Europages Companies Directory (hereinafter referred to as the "Directory") and services associated therewith as set forth herebelow:

I. THE DIRECTORY

I.1 Purpose

The Directory makes it possible to access a database of some 900 000 companies.  It also offers a range of services and information grouped together under the Business Resources heading

I.2 Registration procedure

The User may save the searches carried out free of charge. To do so, it shall conform with the free registration procedure as follows:
The User shall complete the registration form and provide the following requisite informations:
. title, surname and forename, telephone and fax numbers, language chosen, company name and field;
. identifier (electronic address) and password, secret question and answer enabling the User to retrieve the password should it be forgotten.
An email shall then be sent to the User to ensure the electronic address provided is valid.
The User must then confirm registration by clicking on the link provided for this purpose in the email. The private data thus stored may be accessed and modified in My Account.
Should the registration form be incomplete, EUROPAGES will be unable to proceed with the free registration.
The User shall guarantee the accuracy and the up-to-date character of the information forwarded to EUROPAGES on registration.
EUROPAGES shall however not be held responsible for any inaccuracy in the information forwarded by the User or the not up-to-date character thereof.

I.3 Identifier and password

The User hereby undertakes to ensure the confidentiality of any identifier and password chosen and forwarded to EUROPAGES. Use thereof shall be deemed to be made by the User itself.

I.4 Limited liability

I.4.1 EUROPAGES' positioning

Through the Directory, EUROPAGES brings into contact the User and the companies listed therein (including the Advertisers). However, EUROPAGES shall not be held liable in any manner whatsoever for the establishment, performance or termination of any such relationship as may be formed between the User and any company or companies listed in the Directory.

I.4.2 Accuracy of information published

EUROPAGES shall take all reasonable measures to publish accurate and complete information. EUROPAGES shall not be held liable for the consequences of any use of inaccurate or incomplete information.

II. THE CALL BUTTON

II.1 Purpose

Normal usage of the free call button:
The Call button enables The Users to contact advertising customers free of charge by phone (VoIP) via a web interface.
The call button is only available in certain countries. The list of countries not covered by this service is given in appendix 2.
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II.2 Excessive number of calls

Users agree not to use the Call Button for any use which fails to comply with the purpose of the services proposed by EUROPAGES
In order to prevent Europages' advertising customers from receiving spam or unwanted calls via the automatic Call Button, EUROPAGES has established the following rules for automatic call barring, without prejudice to any legal action taken.
1st case: a single user who makes an excessive number of calls to Europages' advertising customers during a given period of time may be forbidden from using the call button. Calls will be barred automatically.
2nd case: A single user who uses several different telephone numbers to call Europages' advertising-customers during a given period of time may be forbidden from using the call button. Calls will be barred automatically.
In the 1st and 2nd cases, call barring is temporary and will be removed automatically.
In the event of repeated misuse, EUROPAGES reserves the right to extend the duration of call barring or make it permanent. In this case, call barring can only be removed further to a specific request made by the advertising customer or with the latter's explicit permission. EUROPAGES reserves the right to refuse to remove call barring in the event of apparent repeated misuse.

II.3 Barring on the advertising customer request

Advertising-customer can at any time ask EUROPAGES to bar calls from a specific telephone number and/or IP address.
Furthermore, when a business present on the Europages site receives several calls from the same person within a limited period of time, it will be informed by a voice message that it can permanently bar calls from that person.
This is the double-star (**) option.
Call barring is permanent and can only be removed further to a specific request by the advertising customer or with the latter's explicit permission.

II.4  Apparent misuse

The system is not designed to enable advertising customers to make their own calls or provide a freephone for their customers, employees or suppliers. Any interference with the system, the code linked to the button or any misuse of the button [1] by advertising customers for any usage other than that stipulated above will lead to automatic call barring and in certain cases its removal by EUROPAGES. In this case, removal of call barring or reintegrating the button in the ad must be specifically requested by the advertising customer. EUROPAGES reserves the right to refuse to remove call barring or reintegrate the button in ad in the event of apparent repeated misuse.
Permanent call barring or removal of the button may not give rise to any reimbursement of the aforementioned button. Furthermore, EUROPAGES reserves the right to block or forbid any use of the free call button which it considers to be improper or contrary to the interests of its advertising customers.
[1] Reverse calling, spam, telemarketing, virtual standard…

III. The Europages Search Bar

III.1 Purpose

The Europages Search Bar (hereinafter referred to as the "Search Bar") affords access to the Directory database and to certain Business Resources
By installing it, the User accepts that EUROPAGES may supplement, modify and/or delete all or part of the Business Resources provided through it.

III.2 Authorised use

The User shall refrain from using the Search Bar automatically, through automated methods, "metaspiders", "crawlers" or any other means. It is hereby forbidden to make any use of the Search Bar that may disrupt the functioning of the search tools or any other services provided by the Europages Site.
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IV. THE SHOP

IV.1 Products on sale

The Shop offers for sale:
. the Paper Directory
. the CD-ROM Directory
. the Multimedia Pack
The CD-ROM is not compatible with the Macintosh system.

IV.2 Ordering

An order is placed by filling in the form online and sending through a secured link.
The Customer receives confirmation of its order by email or fax at the address indicated in the email field of the order form.

IV.3 Payment

Payment may be made by cheque or by using one of the following credit cards: MasterCard, Eurocard, Visa and American Express. Orders paid by cheque shall be automatically cancelled if the cheque is not received within one month of the receipt of the order or if the cheque is not honoured by the bank.

IV.4 Shipping and invoicing

The order is processed during the Shop's opening hours, in principle from Monday to Thursday, from 9.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 6.00 p.m., and on Friday from 9.00 a.m. to 12.00 noon (French time), upon receipt of payment. Should EUROPAGES be unable to process the order, the Customer shall be informed as soon as possible.
After processing, the order is shipped by post within five (5) working days. Delivery times depend on the destination. As a guide, they may vary:
. from 1 to 6 working days in European Union countries;
. from 1 to 11 working days in countries outside the European Union.
Over 80% of orders are shipped within these times.
The Customer receives an invoice by post indicating all sums received.
In the event of an invoicing error, EUROPAGES undertakes to process the request within three (3) weeks of the receipt thereof.

IV.5 Withdrawal limit

Purchases may be returned for full reimbursement within seven (7) days of the receipt of the order. Shipping costs shall not be reimbursed and shall be borne by the Customer. All articles shall be returned by registered post with an indication of the order number as notified on the invoice sent by EUROPAGES.

IV.6 Customs duties and taxes

The prices of the products are indicated exclusive of taxes. If the customer resides outside the European Union, it shall discharge all duties, taxes and commissions applicable to imports into the country to which the products are shipped.
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V. ONLINE ESTIMATES

V.1 Purpose

On the Europages Site, the Customer is invited to choose an Ad from among the various models presented. Once the choice is made, the Customer forwards its details to EUROPAGES so that a sales representative may contact it to draw up an estimate.
The presentation of Ads on the Europages Site is for information only, and as such has no contractual value.


V.2 Response to a online estimate request

The response to an online estimate request shall be provided either by EUROPAGES or by one of its advertising agencies, according to the geographical origin of the request.
Should there be no response to an online estimate request, EUROPAGES shall decline all responsibility.

VI. THE BONUS PACK

VI.1 Description

The Bonus Pack comprises:
. one (1) year's subscription to the Buy & Sell service;
. one (1) year's subscription to the Buy & Sell service;

VI.2 Ordering

The order is placed by filling in the online form.
The Customer receives confirmation of its order by email at the address indicated at the time of registration. The Customer shall confirm this address when placing the order.

VI.3 Payment

Secure payment finalises the order. The following credit cards are accepted: Delta, Master Card, Eurocard, Visa/CB and Laser.

VI.4 Invoicing

The Customer receives an invoice by email indicating all sums received.
In the event of an invoicing error, EUROPAGES undertakes to process the request within three (3) weeks of the receipt of the request.

VI.5 Accessibility

The services included in the Bonus Pack are accessible immediately after online payment has been accepted.

VI.6 Taxes

The price of the Bonus Pack is indicated exclusive of taxes.

VI.7 Cancellation and termination

The order may be cancelled no more than seven (7) days after the Bonus Pack is set in place. EUROPAGES shall strive to ensure the Customer is reimbursed within a reasonable time.
Beyond this limit of seven (7) days, the order shall be deemed active for the period of one year, and as such no reimbursement, full or partial, and no early termination shall be possible.
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VII. GLOBAL PROVISIONS

VII.1 Intellectual property rights

EUROPAGES and its logo are registered trade marks and are the exclusive property of EUROPAGES.
All editorial elements and contents of the Europages Site (notably trade marks, texts, graphics, logos, animations, etc.) are the exclusive property of EUROPAGES, with the exception of elements contributed by EUROPAGES' partners or other sites accessible via the Europages Site.
All rights of reproduction or representation of the Europages Site are reserved for all countries and for all media, present and/or future.
The User acknowledges that the downloading of addresses and information from the Directory and services associated therewith or with any part of the Europages Site for the purposes of constituting a database is prohibited.


VII.2 Database protection

In accordance with Act n° 98-536 of July 1 1998 transposing into the French Intellectual Property Code the European Directive n° 96/9/EC of March 11 1996 concerning the legal protection of databases, EUROPAGES is producer and owner of all or part of the databases making up the Directory, with the exception of elements contributed by EUROPAGES' partners or other sites accessible from the Europages Site.
With regard to the database making up the Directory and the services associated therewith, the User acknowledges that the data comprised therein is legally protected and, in accordance with the legal provision cited hereabove, shall refrain from:
. extracting, reusing, storing, reproducing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases featured in the Directory and the services associated therewith;
. proceeding with the extraction or repeated and systematic reuse of qualitatively or quantitatively non-substantial parts of the contents of the databases featured in the Directory and the services associated therewith to which it may obtain access
when such operations manifestly go beyond the normal conditions of use of a directory.
Any attempt at fraudulent extraction shall be deemed to constitute infringement of copyright.

VII.3 General Obligation

The User undertakes to refrain from hindering the smooth operation of the Directory in any manner whatsoever. More specifically, it shall ensure the throughput is not unduly overloaded and/or that no elements shall be transmitted that may be likely to damage, intercept and/or interfere with all or part of the Europages Site.

VII.4 Restriction regarding the use of the Directory and associated services

The User shall not:
proceed with any decompilation, reverse engineering or disassembly of the Directory and the services associated therewith or attempt to discover their source code;
alter or disrupt the functioning, communication or any other operation of the Directory and the services associated therewith during the use thereof;
duplicate, reproduce, copy, modify or create any product derived from the Directory and the services associated therewith.


VII.5 Limitation of liability

VII.5.1 Use of the Directory and the services associated therewith

EUROPAGES shall not be held liable for any damage, direct or indirect, resulting from the use of the Directory and the services associated therewith for any reason whatsoever.
EUROPAGES declines all responsibility for the malfunction of the Directory and the services associated therewith in the event of any malfunction in conjunction with any other product, hardware or software and of any loss or distortion of data.

VII.5.2 Use of links to sites external to the Europages Site

Certain pages on the Europages Site contain links to external Internet sites having no partnership with EUROPAGES
As EUROPAGES is unable to monitor all the contents of the Internet sites linked to the Europages Site, the User hereby acknowledges that EUROPAGES shall not be held responsible for any products, services and/or information available on and/or from such Internet sites.
EUROPAGES hereby encourages its Users to read the policy on the protection of private data of each Internet site they consult.

VII.6 User's comments

EUROPAGES shall provide the User with the opportunity to make comments and suggestions concerning the Directory and the services associated therewith. The information they contain may be used freely by EUROPAGES, with no financial consideration for the User concerned.

VII.7 Security

EUROPAGES applies a set of measures designed to limit the risks connected with intrusion, piracy and the introduction of viruses into its servers and/or the Europages Site. It sets great store by the securisation of the contents of the Directory and the services associated therewith, particularly in terms of confidentiality and integrity.
EUROPAGES is unable to offer an absolute guarantee of security, in so far as the Internet is an open network, by nature sensitive to such risks. The User of the Directory and the services associated therewith declares it is aware of said risks and accepts them.
In no event shall the liability of EUROPAGES be invoked for any injury and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of the Directory and the services associated therewith and/or from the suspension and/or termination thereof or from the connection to the Europages Site.

VII.8 Equipment and connection charges

It shall be incumbent upon the User to install the appropriate equipment so as to access the Directory and the services associated therewith. All costs relating to equipment, connection and transmission necessary for the use of the Directory and the services associated therewith shall be borne exclusively by the User. Furthermore, it shall be incumbent upon the User to take the appropriate measures to protect its own data and/or software stored on its computing equipment against any loss or damage. The User shall be solely responsible for the connection.

VII.9 Suspension of access to the Directory

EUROPAGES may suspend access to the Directory and the services associated therewith and/or to all of the Europages Site of any User that may infringe the Conditions of Use and more generally any legislation and/or regulation that may be applicable. Such suspension shall not imply the liability of EUROPAGES, without prejudice to its other rights to take legal action, and shall be notified by email.
In such an event, EUROPAGES shall make no reimbursement, either full or partial, if the User has subscribed to a Bonus Pack and/or taken out a paying subscription.

VII.10 Application and duration of validity of the Conditions of Use

The Conditions of Use of the Directory and the services associated therewith shall apply to the User upon connection to the Europages Site. They shall prevail over all previous Conditions of Use and may be amended at any time by EUROPAGES. In such an event, the amendments shall be effective as soon as they are posted online.

VII.11 Jurisdiction

In the event of major difficulty or dispute between the User and EUROPAGES, the Parties hereto hereby agree to seek an amicable settlement. Should this fail, any such dispute shall be submitted to the Nanterre Commercial Court.
The present Conditions of Use shall be subject to French law.
Should the present Conditions of Use be translated, the French version shall prevail over all others.

APPENDIX 1

Intra-community VAT

Companies located within the European Union

The 6th European Directive of May 17 1977, amended in 1992, establishes the principle of intra-community VAT. The objective thereof is to simplify and develop exchanges, and to avoid companies being taxed twice, in their country of origin and in the country where they purchase goods or services.
Generally speaking, a purchase made abroad is subject to the regulations applicable in the country in which such purchase is made. However, if the importing company is based in the European Union and has a valid VAT number, a purchase ordered and received within the European Union is not subject to VAT in the exporting country.
To determine the country in which the VAT must be paid, the purchaser must provide the seller with its VAT number.
Thus, regarding purchases made from EUROPAGES, companies located in a European Union member state outside France and possessing a valid VAT number shall be exempt from paying French VAT.
As EUROPAGES's head office is located in France, French companies shall be subject to French VAT.

Companies located outside the European Union

EUROPAGES's prices are quoted exclusive of VAT. If the User is not based within the European Union, it must discharge the duties, taxes and excise relating to the importation of goods and services from France. The User is also bound to ensure that the importation of such goods and services does not infringe the laws in force in the importing country.

APPENDIX 2

The Call Button is not available in the following countries:

Afghanistan, Andorra, Angola, Antigua and Barbuda, Azerbaijan, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brunei, Burkina, Burundi, Cape Verde, Central Africa Republic (The), Chad, Colombia, Comoros (The), Congo (The), Congo (The Democratic Republic of the), Cook Islands, Costa Rica, Cuba, Dominica, Dominican Republic, East Timor, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia (The), Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, Iran, Iraq, Ivory Coast, Jamaica, Kenya, Kiribati, Kuwait, Kyrgyzstan Lesotho, Liberia, Libya, Madagascar, Malawi, Maldives, Mali, Marshall Islands (The), Mauritania, Mauritius, Micronesia (Federal State of), Moldava, Mongolia, Mozambique, Myanmar, Namibia, Nauru, New Caledonia, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Rwanda, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines, East Samoa, San Marino, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Salomon Islands, Somalia, Sri Lanka, Sudan, Surinam, Swaziland, Tajikistan, Tanzania, Togo, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Uganda, Uruguay, Uzbekistan, Vanuatu, Yemen, Zaire (democratic Republic of Congo), Zambia, Zimbabwe.

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