Terms of use — Oratorik

This English translation is provided for convenience only. The French version, available at oratorik.com/conditions-generales-dutilisation, is the authoritative text.

The firm has general terms of engagement for its services, whether acting as attorney or as mediator, which may be tailored to specific matters through an engagement letter when acting as attorney, or through a mediation agreement with the parties to the mediation when acting as mediator.

These Terms of Use (hereinafter the “Terms”) set out the terms and conditions for use of the oratorik.com website (hereinafter the “Site”), published by ORATORIK – BOISSAVY, SELARL (a French limited-liability professional practice company, hereinafter the “Firm”).

Any connection to the Site constitutes unreserved acceptance of these Terms. The Firm reserves the right to amend the Terms at any time; the version in force is the one published on the Site at the time of connection.

Article 1 — Legal information

The site accessible at the URL https://oratorik.com is the property of BOISSAVY, SELARL, whose registered office is located at 3, rue René Bazin, 75016 Paris, registered with the Paris Trade and Companies Register (RCS) under No. 799 432 695. BOISSAVY, trading under the name ORATORIK (hereinafter the “Firm”), is the publisher of the Site, and Matthieu Boissavy is its publication director.

Article 2 — Purpose and scope of the Terms of Use

These Terms of Use (hereinafter the “Terms”) set out the conditions under which the Firm operates its site, the purpose of which is to inform the public and Users of the Site about the Firm’s activities, its organization, its editorial content, and Users’ access to the services provided by the Firm through this Site. The Firm reserves the right to amend these Terms under the conditions set out in Article 14 below. Users are invited to review these Terms regularly to keep informed of any changes made.

Article 3 — Definitions

The words and expressions below, beginning with a capital letter, whether singular or plural, are used in these Terms with the following meaning:

THE ATELIER — L’ART DE L’ADVOCACY: the Firm’s department for study, research, documentation, publishing, conferences and training related to the Firm’s activities. The Atelier’s resources are offered, free of charge or for a fee, on the Atelier’s website at https://www.atelieradvocacy.com (hereinafter the Atelier Site).
FIRM: BOISSAVY, the company trading under the name ORATORIK.
CLIENT: any person for whom ORATORIK has agreed to perform services following acceptance of a quote, an engagement letter by the Client, or a mediation agreement by the parties to a mediation. The quote, engagement letter or mediation agreement sets out the fee and expense budget (fixed or estimated) or the hourly rate provided by the Firm to the prospective client for carrying out the engagement. Acceptance of the engagement by the Firm and the Client is formalized by an exchange of correspondence (by letter, email, text message, any electronic message, fax, etc.) or by signature of an engagement letter. Appointments booked by the User of the Site through the Site are billed according to the prices shown on the site, but payment of the price for the appointment does not constitute acceptance by the Firm of the engagement the Client wishes to entrust to it. In the absence of express written acceptance of the engagement by the Firm, no User may be considered a Client of the Firm.
TERMS OF USE: this document sets out the terms and conditions for use of the Site and the Services.
EQUIPMENT: all hardware and software, including information systems and networks, workstations, computers, mobile phones, email addresses and tablets, which the User uses to access the Services and for which the User has exclusive custody and responsibility.
PARTY: refers, in the singular, indistinctly to the Firm or the Users of the Site, and, in the plural, to the Firm and the Users of the Site.
SERVICES: refers to the services made available to Users on the Site by the Firm as described in these Terms.
SITE: the website made available to Users by the Firm, accessible at the URL https://oratorik.com, providing access to the Services under the terms and conditions set out in these Terms.
USER: any person who accesses the Firm’s website.

Article 4 — Acceptance and enforceability

Users acknowledge that they have obtained from the Firm all the information necessary regarding the Services offered, and they accept these Terms without reservation. Users represent that: they have familiarized themselves with the conditions under which the Site operates; and they have all the technical skills necessary to access and use the Site normally in compliance with these Terms.

The Terms are accepted by the User by checking a box on the Site or by payment for appointment services. The User acknowledges and accepts that this commitment does not require a handwritten or electronic signature.

Users may only benefit from the Services offered to them on the Site subject to their acceptance of these Terms. The Terms become binding upon acceptance by the User. Any online order, any request for an appointment, contact, quote or consultation, and any payment made by the User for a service provided by the Firm, entails full and complete adherence to these Terms.

Article 5 — Terms of access to the Site and to the Atelier Site

5.1 General hardware and technical prerequisites

Access to the Site can only be offered to Users with a compatible computer configuration, meeting the following prerequisites: they have a broadband Internet connection contracted with a well-known Internet service provider; and, more generally, they have the equipment and material means enabling them to access and browse the Site.

5.2 Conditions of access to the Site and availability

Access to the Site is open to any User connecting from the URL https://oratorik.com. Access to the Site is free of charge for any user with Internet access. All costs relating to access, whether hardware, software or Internet access costs, are borne exclusively by the User. The User is solely responsible for the proper functioning of their computer equipment and their Internet access.

The Firm strives to provide quality access and to enable Users to use the means of communication made available to them under the best possible conditions. Owing to the nature and complexity of the Internet, and in particular its technical performance and response times for consulting, querying or transferring data, the Firm uses its best efforts, in accordance with good industry practice, to enable access to and use of the Site. The Firm cannot guarantee absolute accessibility or availability of the Site.

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the Firm’s control, and subject to outages and maintenance work necessary for the proper functioning of the Site. The Firm reserves the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more remote services, in particular to carry out updates, maintenance operations, or changes to operating methods, servers and hours of accessibility. The Firm is not liable for any damages of any kind that may result from such changes and/or from temporary unavailability or permanent closure of all or part of the Site or the Services associated with it.

The Firm reserves the right to supplement or modify the Site at any time as technology evolves. It is the User’s responsibility to keep abreast of developments in the computer and transmission resources available. As a security or precautionary measure, the Firm reserves the right to refuse, prohibit or temporarily or permanently suspend access to the Service for Users who fail to comply with the above prerequisites or these Terms.

5.3 Conditions of access to the Atelier Site and availability

The Atelier Site — L’art de l’advocacy is primarily accessible on the Atelier Advocacy website, under the access terms and general conditions set by the company operating the site https://www.atelieradvocacy.com, and, on a subsidiary basis, under the conditions set out in Article 5.2 above.

5.4 Security

The Firm uses its best efforts, in accordance with good industry practice, to secure the Site in light of the risks involved and the nature of the data processed. The Site is an automated data-processing system. Users are prohibited from fraudulently accessing or remaining within all or part of the Site. They must not use any means of access other than the interface made available by the Firm. Users are prohibited from deleting or altering data contained on the Site, fraudulently introducing data into it, or altering the operation of the Site. In particular, Users must not introduce viruses, malicious code, or any other technology harmful to the Site. Any access to a restricted area will be considered fraudulent access.

The User undertakes to treat as confidential any data of which they become aware as a result of such unauthorized access, and undertakes not to disclose it. The User must not carry out any operation intended to overload a page or that has the effect of hindering or distorting the operation of the Site, and must not use any device or software that disrupts its proper functioning, nor undertake any action that places a disproportionate burden on the Site’s infrastructure. The User accepts the characteristics and limitations of the Internet and takes appropriate measures to ensure the security of their own data and software.

Article 6 — Description of the Services

6.1 Public part of the Site

The public part of the Site makes available to Users: information presenting the Firm’s activities, actions and organization; general information of interest concerning justice, the law, legal professionals and methods of resolving disputes and crises; events organized by the Firm; editorial content; one or more newsletters available by free or paid subscription; a presentation of the Oratorik Atelier — L’art de l’advocacy and links to the Atelier Site; a service for describing a dispute or crisis affecting the User; and a service for requesting a consultation, booking an appointment, and making contact.

6.2 The Atelier Site

The Firm runs a workshop on the art of advocacy. Some of the resources of this workshop are offered, free of charge or for a fee, on the Atelier Advocacy website at https://www.atelieradvocacy.com.

6.3 The “Can we help you?” form

The Site features a “Can we help you?” form through which the User can summarize their matter (dispute, conflict, litigation, crisis, risks, etc.) so that the Firm can contact them, discuss it with them by telephone, videoconference or email, and submit proposals for engagement. Making contact through this form is free of charge. The Firm may then offer the User a consultation or services for a fee. If the User and the Firm agree on the terms of an engagement to be carried out by the Firm and on a quote, the User becomes a Client of the Firm. If the Firm cannot handle the matter but is able to recommend another professional, it may pass the name of that professional on to the User. Such a recommendation does not entail any liability on the part of the Firm regarding any future professional relationship between the User and the recommended professional.

6.4 The “Contact” form

The Site allows messages to be sent, requests for online consultations to be submitted (by telephone, email or videoconference), appointments to be booked, or a quote to be requested from the Firm for an engagement. In all cases, use of the online services offered by the Firm constitutes acceptance of these Terms.

6.5 Booking appointments, requests for consultation or quotes

Appointments, or requests for a consultation or a quote, may be made by any means, including the Site’s contact form, through the website of the CNB (Conseil national des barreaux, the French National Bar Council), or by booking in the Firm’s calendar according to the prices shown. If the Firm considers it necessary in view of the situation or the question raised, it may request copies of the documents necessary to understand the facts. No original document should be sent to the Firm without its prior written agreement.

A retainer on account of fees and expenses may be requested when booking an appointment or requesting a consultation. If this retainer is not paid, the Firm is not obligated to hold the appointment or provide the consultation. At any time, the Firm may request proof of identity and address, or a Kbis extract (French company registration certificate), from the User making the request. In the absence of a response, or in the event of a conflict of interest with the interests of a Client of the Firm, the Firm is entitled to decline to respond and to retain any retainer on fees paid by the User. Payment of the price for booking an appointment is retained by the Firm even if the User cancels the appointment. Booking an appointment, or any request made through a contact form, constitutes acceptance of these Terms of Use of the Site.

Article 7 — Payment

Payment for the Firm’s services may be made by credit card, bank transfer, check, or any other electronic means of payment.

Article 8 — Anti-money laundering and counter-terrorist financing rules

The provision of the secure payment solution is subject to French regulations on the prevention of money laundering and terrorist financing. The User acknowledges that the payment intermediary for the Site’s or the Firm’s services may, at any time, terminate or postpone the use of a login, access to an account, or the execution of a transaction or refund, in the absence of sufficient information as to its purpose or nature. Users are informed that a transaction carried out under these Terms may be subject to the right of disclosure exercised by the national financial intelligence unit, in strict compliance with applicable regulations and with the protection of professional secrecy (secret professionnel).

Article 9 — No right of withdrawal

Pursuant to Article L. 221-28 of the French Consumer Code, and insofar as, by subscribing to the Site’s Services: the User agrees that the services entrusted to the Firm, once accepted by the Firm, will be fully performed within a maximum of fourteen (14) days after the price is deposited; and the User has expressly waived the right to rely on their right of withdrawal upon confirmation of their order. The User has no right of withdrawal, which the User expressly acknowledges and accepts.

Article 10 — Liability of the Firm

The Firm is liable for making the Services available under a best-efforts obligation (obligation de moyens) for any direct, material and foreseeable damage of any kind. The User acknowledges and accepts that the Firm cannot in any way be held liable for: damage resulting from the User’s own act and/or the act of a third party and/or a case of force majeure; or indirect damage within the meaning of the French Civil Code.

Furthermore, the Firm assumes no undertaking or liability with respect to: the consequences of any interruption or failure of the Internet network and/or Internet access services; the consequences of a User’s failure to comply with these Terms; the accuracy of data provided by Users; the consequences of any failure or security breach of a User’s equipment; negligence in a User’s use of the Services; or the content of comments posted on the Site.

Article 11 — Liability of Users

The User is responsible for their use of the Services on the Site and of the equipment they use. The User undertakes to use the Services under their own exclusive responsibility. The User is solely responsible for using the Services in compliance with these provisions. The User undertakes to use the Site, its dedicated areas, and any information to which they may have access, only under the conditions of use defined in these Terms.

Article 12 — Intellectual property

The general structure of the website, as well as the text, still or animated images, sounds and photographs, are the property of the Firm or of Matthieu Boissavy. Any total or partial representation of this website, by any entity or person whatsoever, without the prior written authorization of the Firm and of Matthieu Boissavy, is prohibited and would constitute an infringement punishable under the French Intellectual Property Code. The same applies to any databases appearing on the Site, where applicable.

The trademarks of the Firm and its partners, as well as the logos appearing on the Site, are registered trademarks. Any total or partial reproduction of these trademarks or logos, without the prior written authorization of the Firm, is prohibited within the meaning of the French Intellectual Property Code. Other distinctive signs, in particular the corporate names, trade names, signage and domain names reproduced on the site, are the property of the Firm or of third parties; any unauthorized reproduction may render its author liable pursuant to Article 1240 of the French Civil Code.

Article 13 — Personal data

The provisions on the management of personal data and cookies are set out in the accompanying document, the “Privacy Policy”.

Article 14 — Amendments

The Firm may, at any time, make changes to the Services and to these Terms. Users will be informed of any changes by any means the Firm deems appropriate. The latest Terms in force will be available for consultation on the Site.

Article 15 — Miscellaneous provisions

15.1 Tolerance

The Parties mutually agree that the fact that one Party tolerates a situation does not have the effect of granting the other Party any vested rights; such tolerance may not be construed as a waiver of the right to assert the rights in question.

15.2 Truthfulness

The Parties represent that these undertakings are truthful. Accordingly, each Party represents that it is not aware of any information which, if disclosed, would have altered the other Party’s consent.

15.3 Independence of the Parties

The Parties acknowledge that each acts on its own behalf and will not be considered an agent of the other. These Terms do not constitute a partnership, a franchise, or a mandate given by one party to the other. Neither party may enter into any commitment in the name of, or on behalf of, the other. Each party remains solely responsible for its own acts, representations, commitments, services, products and personnel.

15.4 Force majeure

In the first instance, cases of force majeure will suspend performance of these Terms. If a case of force majeure continues for more than two months, these Terms will be automatically terminated, unless the parties agree otherwise. Events expressly considered to constitute force majeure or fortuitous events are those habitually recognized as such by the case law of the French courts and tribunals.

15.5 Severability

If one or more provisions of these Terms are held to be invalid, or are declared as such pursuant to a law, a regulation, or a final and binding decision of a competent court, the remaining provisions will retain their full force and effect.

15.6 Entire agreement

These Terms express the entirety of the Parties’ obligations. No general or specific terms contained in documents sent or delivered by the User may be incorporated into these Terms.

15.7 Evidence

In addition to the legal provisions recognizing the evidentiary value of digital writing, Users acknowledge the validity and evidentiary weight of emails, text messages, notifications sent by the Firm, scanned documents exchanged in connection with the Services, and any electronic records retained by the Firm.

Article 16 — Governing law and jurisdiction

These Terms are governed by French law, both as to substance and form, notwithstanding the place of performance of the substantive or ancillary obligations. In the event of a dispute, and failing an amicable settlement, the parties choose the exclusive jurisdiction of the competent Paris court; except in matters of fee disputes and the User’s acceptance of the Firm’s Charter, which provides for the jurisdiction of the Bâtonnier (the president of the Paris Bar) in such matters.

Terms of use.