Terms of Service

The services of Doo Finance France are governed by the conditions set out below.

These conditions constitute the entirety of the rights and obligations of the parties. Your acceptance of Doo Finance France's service offer entails your unreserved acceptance of these general terms and conditions.

The duly accepted service offer, the general terms and conditions and the work-allocation grid together constitute the contractual commitment of the parties.

OBLIGATIONS of Doo Finance France

Doo Finance France carries out the engagements entrusted to it in accordance with the standards established by the French Institute of Chartered Accountants (Ordre des Experts-Comptables). In respect of these engagements, it undertakes an obligation of means and not of result.

The nature of the engagement entrusted and the financial terms are described in the service offer and detailed in the work-allocation grid attached to these general terms and conditions.

PROFESSIONAL SECRECY

Doo Finance France's staff are all bound by professional secrecy under the conditions provided for in Article 226-13 of the French Penal Code.

This means that all the information you have provided to us is strictly confidential and that Doo Finance France formally refrains from disclosing it to anyone; this does not, however, concern information already in the public domain.

The documents prepared by Doo Finance France are sent to you directly, except at your express request.

LIABILITY

Doo Finance France assumes, in all cases, responsibility for its work.

It is understood that the professional liability of Doo Finance France or of any of its partners or staff may only be engaged in the event of an error, negligence or omission that has occurred and been duly proven in the performance of this contract. Any claim for damages may only be brought during the legal limitation period. It must be introduced within three months of the date on which the client became aware of the loss.

Doo Finance France cannot be held liable either for the harmful consequences of faults committed by third parties working at the client's premises, or for delays in performance where these result from the late communication of documents by the client.

OUR INSURER: Generali

Policy No.: AU250515

FINANCIAL PROJECTIONS

The preparation of financial projections is based on the client's assumptions and estimates. Doo Finance France checks their consistency and cannot be held liable for their non-realisation.

CLIENT'S OBLIGATIONS

The client refrains from any act undermining the independence of Doo Finance France or its staff. This applies in particular to offers made to staff members to carry out engagements on their own account or to become an employee of the client.

PROVISION OF INFORMATION

The client undertakes:

  • to make available to Doo Finance France, within the agreed deadlines, all documents and information necessary for the performance of the engagement; accounting records must imperatively be provided no later than 4 days before the VAT filing deadline. After this deadline, Doo Finance France cannot be held liable for any surcharges and penalties related to this delay;
  • to carry out the work incumbent upon it;
  • to bring to Doo Finance France's attention any important or exceptional facts likely to have an impact on the engagement;
  • to confirm in writing, if Doo Finance France so requests, that the documents, information and explanations provided are accurate and complete.

The documents prepared or reviewed by Doo Finance France may not be used or modified for purposes other than those initially provided for within the framework of the engagement entrusted.

The client is responsible for:

    • The accuracy of the information provided,
    • The acts or omissions of any person assisting Doo Finance France,
    • Its staff or subcontractors, within the framework of the contract.

The client undertakes to make available to Doo Finance France, within the agreed deadlines, all documents and information necessary for the preparation of the annual accounts, and in particular the inventory of all assets and liabilities, which must state the nature and value of each of them as at the inventory date.

The client also undertakes to bring to Doo Finance France's attention any facts likely to affect the results or its financial position; it justifies in particular the decisions taken regarding depreciation and provisions.

In the event of a tax or social-security reassessment, the client must send Doo Finance France a copy of the items received as soon as they are received.

In accordance with the legislation in force, the client must take the necessary measures to keep all accounting, legal and administrative documents for a minimum period of ten years (thirty years for certain documents, in particular title deeds and documents relating to ongoing disputes).

INTRA-EU TRADE DECLARATIONS

The client will itself prepare any intra-EU trade declarations (relating to acquisitions, deliveries and other special cases) within the European Union. Upon express request, Doo Finance France may prepare these declarations, provided that the client supplies the necessary information within a reasonable time.

IT

The client must ensure, by all means, the backup of computerised data and processing in order to guarantee their preservation and inviolability. Doo Finance France cannot be held liable for the consequences of programming errors or for errors and fraud in the use of computer systems that could not be revealed by a simple examination of the accounts.

TAX ALLOWANCE

If the client falls under the industrial and commercial profits (BIC) or non-commercial profits (BNC) regime, it is reminded that it has three months from the start of its activity or the beginning of each financial year to register with an approved management centre (or approved management association), in particular in order to benefit from a tax allowance on income tax.

CURRENT ACCOUNTS

As the tax authorities are entitled to request justification of movements in current accounts over the non-time-barred financial years, and also on the opening balance of the last non-time-barred financial year, the client undertakes to keep and, if necessary, to provide Doo Finance France with the supporting documents corresponding to all movements (copies of cheques, stubs, transfers and personal bank statements of the current-account holder) so that they can be presented at any request from the tax authorities.

HIRING

The client will make the pre-hiring nominative declarations for any recruitment. Upon express request, Doo Finance France may prepare these declarations, provided that the client supplies the necessary information within sufficient time.

Certain documents must be kept and retained on the client's premises under its responsibility, in particular:

  • Single personnel register (entries, departures, etc.)
  • Labour inspectorate, formal notices, CHSCT, etc.
  • Registers and documents specific to certain professions (property dealer, real-estate transactions, second-hand goods, carrier, subcontractor, etc.)

YOUR COMPANY'S FILES

In the course of your activity, you are reminded that you process personal data concerning your staff, customers, suppliers, contacts and prospects. The General Data Protection Regulation (GDPR), which came into force on 25 May 2018, strictly governs the collection, use and protection of this data.

You must first inform the persons concerned of:

  • The existence of the file in which their data will be recorded.
  • The objective and purpose of the processing of their data.
  • The data retention period.
  • The place and procedures for exercising their rights (access, rectification, erasure, portability, restriction of processing).
  • Their right to withdraw their consent at any time, as well as their right to lodge a complaint with the CNIL (French data-protection authority).

It is also essential to put in place appropriate security measures to protect this data against unauthorised access, loss or destruction.

Unlike the previous legislation, you are no longer required to declare your files to the CNIL, but you must maintain a record of processing activities documenting the data processing carried out in your company.

We draw your attention to the penalties provided for in the event of non-compliance with GDPR obligations. In the event of a breach, administrative penalties may be imposed by the CNIL, of up to 20 million euros or 4% of annual worldwide turnover, whichever is higher.

UNDECLARED WORK

Current regulations engage your social, tax and, in certain cases, criminal liability regarding undeclared work. Undeclared work is defined by the French Labour Code, in particular Article L. 8221-1 et seq.

The client undertakes to be able to present to the various authorities, at any time, all documents making it possible to justify that it has taken the necessary measures to ensure compliance with the regulations on undeclared work, both within its company and in its relations with its co-contractors.

To date, these obligations are specified by Article D. 8222-5 of the Labour Code, which replaces the former Article R324-4. This article sets out the list of documents that any company must produce when it concludes a contract of an amount equal to or greater than €5,000. These documents concern the performance of work, the provision of a service or the accomplishment of a commercial act, and make it possible to ensure that its co-contractor duly discharges its legal and tax obligations, in accordance with Articles L. 8222-1 and L. 8222-5 of the Labour Code.

Compliance with these checks at the start of the contract, and then each year, allows the client to avoid being held jointly liable for the payment of:

  • The taxes owed by the co-contractor (corporation tax, income tax, VAT, payroll tax, etc.).
  • The compulsory social contributions owed both personally by the co-contractor and for its employees.
  • The wages and indemnities owed to its employees in the event of a breach.

It is therefore essential to ensure the regular updating of these documents and the rigorous application of these obligations in order to avoid any legal and financial risk.

INTELLECTUAL PROPERTY OF THE WORK

The client grants Doo Finance France the right to reuse all or part of the various concepts implemented during the service for other uses, insofar as these concepts:

  • Were implemented under the aegis of doo.FINANCE
  • Do not fall within the client's own technical know-how
  • And subject to strict compliance with the confidentiality of all provisions and information specific to the client, which must under no circumstances be reused or disclosed.

FEES

Doo Finance France receives from the client freely agreed fees which are exclusive of any other remuneration. Fees may not be linked to the client's financial results.

In accordance with the rules of the chartered-accountancy profession, fees are estimated according to the time spent, the level of responsibility and the professional qualification of the staff involved.

The budget proposed to the client in the service offer is based on normal working conditions and on the client's cooperation. The handling of specific problems unknown at the date of acceptance of the service offer could lead to a revision of this estimate. In such a case, Doo Finance France will immediately inform the client, in order to take, together, the necessary measures.

Any service not included in the service offer will be subject to invoicing of additional fees and/or costs. Before being undertaken, it will be the subject of a complementary service offer submitted for the client's approval; specific costs are only incurred by Doo Finance France after a quote and the client's agreement.

TERMINATION CONDITIONS

The engagement may also be interrupted subject to three months' notice given by registered letter with acknowledgement of receipt. In the event of a significant breach of obligations by one of the parties, the other may terminate the engagement without delay.

DISPUTE RESOLUTION

In the exceptional case where a dispute relating to the engagement could not be settled amicably, it would be brought, for conciliation purposes and before any legal action, before the president of the Regional Council of the Institute of Chartered Accountants of the Paris region.

In the event that the attempt at conciliation fails, the legal action will fall within the exclusive jurisdiction of the court in whose district Doo Finance France is located.