Service: refers to one of the services defined in article 2 below.
Website: refers to the website published by Jade Fiducial and accessible at the URL www.jade-fiducial.com. The website is designed for French legal representatives of businesses operating or wishing to operate in the USA. The website can also be accessed by any person having an Internet connection.
Jade Fiducial: refers to the company FIDUCIAL JADE Inc., having its registered office at 10100 Old Columbia Road - Columbia - MD 21046, registered in the State of Delaware (USA) under file number 4454628. Jade Fiducial is the Website’s publisher. Jade Fiducial is part of the group Fiducial in France.
Fiducial Staffing: refers to the company FIDUCIAL STAFFING, simplified limited company with a capital of 100.000 €, having its registered office in France, 41 rue du Capitaine Guynemer in Courbevoie (92400), registered with the Commercial and companies register of Nanterre under number 449 658 400. Fiducial Staffing is the Website’s host. Fiducial Staffing is also part of the group Fiducial in France.
User: refers to any person that visits the Website and more specifically the French legal representatives of companies operating or wishing to operate in the USA.
These General Conditions of Use (hereafter called the “GCU”) are intended to determine the conditions of use of the Website and the Services made available to the User. These GCU complete the www.fiducial.com website’s Terms and Conditions of Use. The last ones shall prevail over the present GCU in the event of conflict between one or several provisions.
By accessing this Website, the information it contains and the services offered, the User commits to carefully read these GCU, he acknowledges that (s)he has taken note of them and agrees to be bound by them. In particular, any use of the Services will be considered as an unconditional acceptance by the User of these General Conditions of Use. These General Conditions of Use are freely accessible on the homepage of the Website. If the User does not agree with the GCU, he is invited to cease visiting the Website and to no longer call on the services of Jade Fiducial.
Modification of the GCU - Jade Fiducial reserves the right to modify these GCU at any time. The User consequently commits himself/herself to regularly consulting them on the Website. Therefore, the User who continues to consult the Website shall be deemed to have accepted the new GCU.
The Website allows the User to get informed on the accounting management and tax optimization services offered by Jade Fiducial to francophone companies and individuals operating or wishing to expand in the United States and allows them to contact Jade Fiducial in that respect. The User is invited to complete an online form in order to be contacted by Jade Fiducial.
It is being specified that the User, when he/she is a natural person, warrants to have reached the age of majority under the laws of his/her country of residence. When the User acts on behalf of a company, he declares to have the ability and authority to do so.
The User declares to use the Website and the Services from the United States of America. In the event that the Website would be accessible from another country, the User declares that he/she does not reside in a country under US embargo or a country designated by the United States as a terrorist or “terrorism supporting” country. The User declares that he/she is not on one of the sanctions lists of the US government.
The User commits to filling in the online form in good faith by providing accurate information. The User commits himself/herself to not appropriate someone else's identity, nor to use a false identity likely to mislead third parties. The User undertakes to not use the Website for fraudulent purposes and to strictly respect the law.
Some fields of the form are mandatory and necessary in order to take the request for contact of the User into account. If the User chooses to not provide this information, Jade Fiducial will not be able to consider the contact request.
The User has the possibility to visit the Website in French or in English.
By accessing the Website, the User can access the following services:
The information presented on the Website and the Services offered do not exempt the User from seeking professional advice before taking any decision.
Jade Fiducial, in its capacity of publisher of the Website, and Fiducial Staffing, in its capacity of host of the Website, shall only be bound by an obligation of means with respect to the functioning and continuity of the Website.
By no means, may Jade Fiducial or Fiducial Staffing be held responsible for any damage caused during the use of the Website. Jade Fiducial or Fiducial Staffing cannot be held responsible:
The User shall be the only person responsible for the use of the Website.
Jade Fiducial and Fiducial Staffing reserve the right to temporarily or definitively stop, without prior notice or damage compensation, a service or all the services offered from the Website.
The contents published on the Website are provided for information purposes only and are subject to possible modifications without prior notice. By no means, does the information published on the Website constitute legal advice or any legal commitment by Jade Fiducial. Jade Fiducial shall not be held liable for the direct or indirect consequences of the use of the information and, in general, of the services available to the User on the Website. Jade Fiducial does not claim that the site is exhaustive and/or comprehensive. It may therefore contain errors or omissions or not be up to date. The User is invited to verify the information provided and may in no case engage Jade Fiducial’s responsibility, including in one of the above mentioned events.
The User is being reminded of the fact that (s)he is not allowed to publish or transfer via the Website any element that is unlawful, prejudicial, defamatory, pornographic, hateful, racist or otherwise detrimental to human dignity, wrongful or otherwise objectionable.
Jade Fiducial also reserves the right to take all necessary measures to have its rights respected, including the right to suspend or prohibit access to the site to fraudulent Users.
Jade Fiducial may invoke the User’s responsibility for any use of the Website that is non-compliant to these GCU or in the event of a complaint by a third party arising from the User’s use of the Website.
Jade Fiducial does not provide any warranties under or in relation to this Website. Jade Fiducial excludes all direct or indirect warranties concerning the use of the Website. The Website is provided “as is” and does not deal with individual cases. It does not guarantee any specific advice and does not exempt the User from taking information and advice from a third party or from Jade Fiducial advisors by completing the contact form.
The Website, its contents and all of its elements, including the brands and logos and the source code, are protected by intellectual property rights and any other proprietary rights which Jade Fiducial owns or is entitled to use.
Surfing on the Website and using the Services does not confer any intellectual property rights or any other property rights to the User.
Any reproduction, representation, modification, adaptation, translation or extract - in any way and on any medium whatsoever - of the whole or a part of the Website and/or of the elements forming it, without having obtained Jade Fiducial’s prior written consent, may be liable to constitute counterfeiting and shall be strictly prohibited. The use of the Website and of its parts shall only be allowed for information purposes and for personal and private use.
Any reproduction, imitation, use or affixing of one of the brands reproduced on the Website, without having obtained Jade Fiducial’s prior written consent, may be liable to constitute counterfeiting and shall be strictly prohibited. Jade Fiducial and/or the holder of intellectual property rights on any of the elements of the Website, reserve(s) the right to take legal action against anyone not respecting the above mentioned prohibitions.
The User is not allowed to refer to Jade Fiducial or to any other mark or name owned by the FIDUCIAL group.
It is strictly prohibited to create hyperlinks - deep or not - to the Website without Jade Fiducial’s prior written consent.
Any attempt to divert the Website for the benefit of the User or a third party is prohibited.
Jade Fiducial uses the personal information entered by the User on the contact form in order to be able to respond to his requests and where appropriate make the User a personalized offer.
By filling in the contact form, the User accepts the use of his/her personal data in accordance with these provisions. The data collected by Jade Fiducial are also necessary for the provision of the Services.
The User's personal data may be shared with technical service providers and/or companies of the FIDUCIAL group in order to allow their storage and registration and, in general, to guarantee the sound functioning of our Services on the Website. Other than as set out above, Jade Fiducial does not disclose Users’ personal data to third parties and does not make them public.
Jade Fiducial reserves the right to disclose Users’ personal data to a third party if the law or a court decision requires so.
The Website being intended for individuals or companies that wish to establish or develop their professional activity in the United States, it does not target children age 13 or younger. Accordingly, Jade Fiducial does not collect personal data related to children 13 years of age or younger through the use of the Website. However, Jade Fiducial cannot prevent a child age 13 or younger to fill in the contact form and thus requests that parents use extreme vigilance when it comes to their children’s online activities.
Jade Fiducial keeps Users’ personal data as long as necessary to embrace the User’s needs. However, if the User so requests, his personal data will be deleted and if applicable, he will no longer be able to benefit from the Services.
For any request on the functioning of the Website or the use of Users’ personal data, the User is invited to send an email to the following address: contact@jade-fiducial.com.
Jade Fiducial’s cookies policy can be consulted here.
In the event that a User observes in good faith that an element of the Website infringes one of his intellectual property rights, he is invited to address his request in writing to Jade Fiducial at this address: Fiducial Jade – 55 East 59th Street – 15th floor New York, NY 10022 – USA or by email at contact@jade-fiducial.com or by phone at number 212-673-1200. For further information, we invite the User to consult the website www.copyright.gov. Jade Fiducial reports complying with the "Digital Millenium Copyright Act of 1998".
If any of the terms and conditions of this GCU should be found invalid, illegal or unenforceable in a court, it would be deemed unwritten but would not therefore cause the nullity of the present GCU, nor alter the validity of the remaining stipulations.
If, however, the nullity of the stipulation causes the nullity of these GCU or alters the provisions of the other stipulations, the User and Jade Fiducial commit to negotiate in good faith and promptly to replace the invalid stipulation by an equivalent stipulation.
In case of difficulty in interpretation between the heading of an article and the content of this article, the content shall prevail on the title of the article.
The fact for Jade Fiducial not to claim the application of an article of these GCU or to not invoke it does not mean that Jade Fiducial relinquishes the right to enforce it.
There is no legal link between the User and Jade Fiducial, nor a link of association or of joint venture. Each remains independent from the other.
Neither the User nor Jade Fiducial shall be liable for a breach of one of its obligations if this failure is due to circumstances beyond his control such as natural disasters, government actions, riots, civil wars, strikes. A failure linked to a problem of funding, of cash flow or of obtaining credit shall not be considered as a case of force majeure.
Any claim action related to the Website or these GCU shall be filed with a court of competent jurisdiction within a period of one year after the date such claim shall arise, or it will be barred.
These GCU are governed by the law of the State of New York. Any action must be brought before the courts of the State of New-York located in the County of Manhattan in New York and the U.S. Federal District Court for the Southern District of New York.