On the other hand, the service provider may require the customer to cooperate and provide in a timely manner all the information that may be necessary to fulfill its obligations by the service provider. The following assurances and guarantees may be provided by the provider to the customer: Finally, it is worth mentioning the new Article 1127-1 of the Civil Code, applicable from 1 October 2016, according to which any company wishing to provide goods or services electronically must include in its offer the languages proposed for each contract. which must contain the French language. With the amendments made by the ratification law, any contractor who negotiates in bad faith and conceals the estimated value of the service – even if he is fully aware that this lack of information will result in a decisive error in the consent of the contractor – is not sanctioned by the nullity of the contract. This provision applies to contracts entered into on or after October 1, 2018. In this context, it may seem that the fraudulent exclusion of the estimated value of the service from the concept of fraud ultimately boils down to a particularly narrow definition of „fraud“. To survive the termination of the contract, a confidentiality clause should provide that it applies for a specified period after the termination or expiry of the contract. What are the provisions of a service delivery agreement? In addition to the duration of the agreement, the agreement should also provide for the right of any party to terminate the contract in the event of violation of its obligations by the other party of law and without any judicial formality. Under French law, in the absence of specific provisions allowing a party to terminate an agreement, such a contract can only be terminated by court order. On the basis of the provisions of Article 1164 of the French Civil Code relating to framework contracts, according to which „in the event of abuse in setting the price, a right to compensation and, if necessary, to the recession of the market may be deposited with the judge“, the legislator amended Article 1165 of this code, which deals with service contracts.
Although this amendment appears to be consistent with Article 1112-1 of the French Civil Code, which states that the duty to provide information does not apply to the assessment of the value of the service, it appears to conflict with Article 1139 of the above code, which states that „an error caused by fraud is still insensible. It is a ground of nullity, even if it is based on the value of the service or on the mere contractual motive of a party. In addition to redefining the model contract, the rules for this type of contract have also been changed. Article 1171, paragraph 1, of the French Civil Code now states that „in a standard contract, any non-negotiable clause established in advance by one of the parties that results in a significant imbalance in the rights and obligations of the contracting parties is considered unwritten [i.e.] zero. “ In addition, Article 1171, paragraph 1, states that „the assessment of the significant imbalance cannot be based on either the main purpose of the contract or the adequacy of the price of the service.“