Vendor terms

These terms govern the relationship between BME Consulting SARL (the "platform") and each vendor. They are in addition to the terms of use. Accepting them is required to receive requests, send quotes and declare contracts.

The vendor is a legally incorporated company. The platform may check its legal existence, the authority of its representative, its references and any conflicts of interest, and ask for any useful supporting document. Inaccurate information may lead to the suspension of the listing and of the account.

The vendor's listing may be prepared by the platform from public information. By claiming it, the vendor becomes responsible for it and undertakes to keep it accurate. It can ask for its correction or removal at any time.

Invitations are decided by the platform according to how well the vendor fits the request. The vendor answers in the imposed format, sincerely and completely: price, duration, team, scope, methodology, assumptions and exclusions. It may decline an invitation. A quote commits the vendor only towards the client.

A vendor holding a development contract on a project cannot perform its audit or re-audit, and the auditor of a project cannot develop it. The vendor declares any equity, contractual or personal link with a client that could affect its independence; a false declaration leads to the closure of the account.

Every contract signed with a client met through the platform is declared on it within fifteen days of its signature, by the vendor or by the client, then confirmed by the other party. Any change of amount and any cancellation is also declared and accepted by both parties.

The platform may ask for a copy of the contract or of any document establishing its amount, and correct an inaccurate declaration.

In return for the introduction, the vendor pays the platform a commission of 10% of the contract amount excluding taxes, without cap. The applicable rate is the one in force when the contract is declared.

The commission is due as soon as the contract is confirmed by both parties, whatever the payment terms agreed between the client and the vendor. If the amount changes, the commission is recalculated; if both parties agree to cancel the contract, it is cancelled by a credit note.

The commission is invoiced by the platform in the currency of the contract, as soon as both parties have confirmed it, and is payable within 15 days by card, SEPA debit or bank transfer. French VAT applies to vendors established in France; vendors established in another European Union member state with a valid VAT number are subject to the reverse charge; vendors established outside the European Union are invoiced without French VAT.

Any late payment automatically incurs penalties at three times the French legal interest rate and a fixed indemnity of 40 euros for recovery costs. The platform may suspend the account of a vendor that does not pay its invoices.

The commission is also due on any contract that the vendor signs, directly or through a company it controls, with a client met through the platform, within 12 months of the first introduction, for the same project or another one, whether or not the contract was declared.

The vendor shall not propose to the client to contract outside the platform to avoid the commission. An undeclared contract discovered by the platform is invoiced, without prejudice to the closure of the account.

The vendor keeps confidential the briefs, code and information received through the platform, and uses them only to answer the request and perform any resulting contract. This obligation survives three years after the end of the relationship.

For the client data received through the platform, the vendor acts as an independent controller and complies with the applicable rules, including the GDPR. The platform's processing of the vendor's data is described in the privacy policy.

These terms apply as long as the vendor has an account. Either party may end them at any time; commissions due on contracts already signed and the non-circumvention obligation remain applicable. The platform may close a vendor's account in case of serious breach, in particular of the independence rule, the declaration of contracts or the payment of commissions.

The vendor is solely responsible for the performance of its work and for the contracts it signs with clients. It indemnifies the platform against any client claim relating to its work. The platform's liability towards the vendor is limited to the commissions paid during the last twelve months.

These terms are governed by French law. The parties first seek an amicable solution by writing to contact@smart-contract.com. Failing that, the competent courts of Lyon, France, have exclusive jurisdiction.