Terms & Conditions of Sale
Last updated: 17/06/2025
1. Scope
These Terms & Conditions of Sale (hereafter “Terms”) govern all service engagements carried out by Hook Agency, a simplified joint stock company (SAS) with share capital of [to complete] €, registered with the Nanterre Trade & Companies Register under number 978 059 632, with registered office at 54 Quai Alphonse Le Gallo, 92100 Boulogne-Billancourt, France (“the Agency”).
These Terms apply to all commercial prospecting, lead generation, qualification, appointment-setting, outsourced SDR, data enrichment, commercial strategy consulting, or any other intellectual service performed for professional clients.
2. Acceptance of the Terms
Any order or approval of a quote with the Agency constitutes full and unconditional acceptance of these Terms.
No special or contrary conditions may prevail over these Terms without the Agency’s prior written agreement.
3. Orders & Commitments
Orders are validated by electronic signature, email confirmation, or acceptance of a quote/engagement letter.
All orders are deemed firm and final once confirmed in writing by the Agency.
No service will begin without a formal contractual agreement.
4. Service Scope & Delivery
The Agency undertakes to provide, with best industry practices, B2B outbound prospecting and lead generation services as detailed in the quote/contract (multichannel campaign orchestration, data sourcing/enrichment, phone qualification, appointment-setting, etc.).
The Agency employs all appropriate tools and resources, with a best-efforts obligation—not an obligation of results—unless expressly stated otherwise in writing.
Any changes to the initial service will require a written amendment.
5. Pricing & Invoicing
Rates are quoted in euros and/or in Swiss Franc excluding VAT, and are determined by the scope and volume of services, as per the approved quote.
Billing follows the schedule or frequency specified in the contract.
Unless otherwise agreed, payment is due within 30 days of invoice date, by bank transfer.
Late payment results in legal interest and a flat fee of €40 (art. L441-10, French Commercial Code).
The Agency may suspend ongoing services in case of non-payment.
6. Use of Tools & Subcontractors
The Agency reserves the right to use specialized subcontractors or third-party tools (prospecting software, CRM, data enrichment, automation platforms…) as needed, always in compliance with the GDPR and data confidentiality.
The client acknowledges that some services involve the use of automated tools or access to third-party B2B databases, always in accordance with applicable law.
7. Deliverables, Data & Use of Leads
All leads, appointments, and deliverables supplied to the client are strictly for professional use and must comply with relevant laws.
The Agency disclaims all responsibility for how the client uses leads or contacts (including legal use of data, opt-out, refusal management, etc.).
No transfer of proprietary databases, methods, or frameworks is made unless expressly agreed in writing.
8. Intellectual Property
All intellectual property rights relating to methodologies, processes, tools, email scripts, cold call scripts, templates, content, reports, or frameworks provided by the Agency remain the Agency’s exclusive property, even after delivery.
Any reuse, reproduction, or dissemination without prior written consent is strictly prohibited.
9. Confidentiality
Both parties agree to keep strictly confidential any information, data, strategy, process, or document exchanged in the course of the engagement, during and for three (3) years after the end of the collaboration.
The Agency may cite the client’s name/logo as a commercial reference unless the client objects in writing.
10. Liability & Limitation
The Agency undertakes to deliver services with care and professionalism, on a best-efforts basis unless otherwise stipulated.
The Agency cannot be held liable for lack of commercial results, absence of appointments, or insufficient conversion rates.
Liability is limited to the total fees actually paid for the relevant service.
Under no circumstances will the Agency be liable for indirect damages, loss of business or profits, or any unlawful use of delivered leads or data.
11. Data Protection & GDPR
In performing its services, the Agency processes personal data in accordance with applicable laws (GDPR, French Data Protection Act).
Information on data processing, legal basis, retention period, data subject rights, GDPR/DPO contact, and procedures is provided in the Agency’s Privacy Policy (see below).
The client is responsible for compliance with all regulations concerning the use of leads and contacts.
12. Force Majeure
Neither party will be held liable for failure or delay caused by events recognized as force majeure under French case law (major outages, strikes, disaster, cyberattack, etc.).
13. Termination
In the event of a serious breach by either party, the contract may be terminated automatically, 15 days after formal notice remains unaddressed.
All services delivered prior to termination remain payable.
14. Disputes
In case of a dispute, both parties will seek an amicable solution.
Failing amicable settlement within 30 days, the matter shall be subject to the exclusive jurisdiction of the Courts of Nanterre, France, even in the event of multiple defendants or third-party proceedings.
Disclaimer – Limitation of Liability
HOOK AGENCY strives to ensure the information and services provided on its website are accurate and up to date. However, HOOK AGENCY cannot be held liable for:
Any inaccuracy, error, or omission in the content;
Service interruptions, technical failures, or unavailability of the website;
Indirect damages resulting from the use or inability to use the site or its services;
Unlawful, fraudulent, or inappropriate use of the content or tools provided by HOOK AGENCY.
All information and resources are provided “as is”, without any warranty, express or implied. The user is solely responsible for their use of the information, contacts, or leads obtained through the Agency.
HOOK AGENCY reserves the right to modify the content or availability of the site at any time, without notice.