Contract_Assurance_in_english.pdf
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- Attached to
- Master Agreement AZ|CTR059502
- Contract number
- CTR059502
- Issued by
- Arizona
About this file
This is a Professional and Associative Civil Liability insurance contract issued by Inter Mutuelles Entreprises (MACIF/matmut) to SASU B World Communication, a communication and public relations consulting firm located at 28 Rue de Amiral Hamelin, 75116 Paris, France. The contract is underwritten by Inter Mutuelles Entreprises and references the General Conditions "Multi-guarantees of Communities and Professionals Risks" (MC1). The legal representative is Mrs. Barbara Boltoukhine.
The contract became effective on July 4, 2022, and runs through December 31 of each subscription year with automatic annual renewal. The annual premium is €530.00 (including €43.77 in taxes). Coverage includes civil liability guarantees up to USD 11,000,000 for physical, material, and immaterial injuries, with specific limits for subcategories including material damages (USD 2,200,000) and intangible damages (USD 1,100,000). The contract also provides non-consecutive intangible damage extension coverage up to USD 110,000 and legal protection following an accident. Deductibles are expressed as percentages of the FFB index (current value 1,055.20 at subscription) ranging from 45% of index on general damages to 75% for entrusted movable objects, with no deductible for personal injury. The contract explicitly excludes numerous service categories including software design, IT services, accounting/tax/legal advice for regulated professions, energy renovation expertise, and merger/acquisition advisory services.
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Text version
SPECIAL CONDITIONS
PROFESSIONAL AND ASSOCIATIVE CIVIL LIABILITY
SUBSCRIBER: SASU B WORLD COMMUNICATION 28 RUE DE AMIRAL HAMELIN
75116 PARIS
Name of the legal representative: MRS BOLTOUKHINE BARBARA declares to be the legal representative subscriber
Your business:
Communication and public relations consulting
Your contract is 971 0002 17937 M 30.
It takes effect on 07/04/2022 at 00:00 provided that the payment of your contribution is honored, until 31 December of the subscription year with annual tacit renewal.
Its main deadline is 1 January.
Its annual fee is 530,00 € including taxes 43,77 €.
The base index applicable to your contract is the FFB index with a current value of 1,055.20.
These Special Conditions:
- Transcribe the answers to the questions we asked you, for your assessment risk, prior to the conclusion of the contract in the document "Your risk - Your needs and our advice"
BCAVBEN3M7M in accordance with Article L.113-2 of the French Insurance Code,
- State the guarantees you have subscribed and the applicable deductibles,
- Set out the applicable special conventions and annexes,
- Inseparable from the General Conditions "Multi-guarantees of Communities and Professionals
Risks" referenced MC1.
You acknowledge that you have been given all of these documents, which constitute your contract, have read and accepted them, including the applicable exclusions.
You also certify that you have been delivered or made available on durable media, as of
07/04/2022 , the following documents, in accordance with Article L.112-2 of the French
Insurance Code:
- a fact sheet on prices and guarantees,
- a copy of the General Conditions of our contracts (including an information sheet on the operation of the guarantee "civil liability" in time) valid draft contract,
- a standard information document, as well as the Advice sheet described in article L.521-4 of the Insurance
Issued in Paris, April 9, 2022
SUBSCRIBER DECLARATION
In case of reluctance or intentionally misrepresentation, omission or misrepresentation, In assessing your risk, you are subject to the following sanctions:
- Nullity of the contract in case of bad faith (article L.113-8 of the Insurance Code),
- Reduction of allowances when bad faith is not established (Article L.113-9 of the French
Insurance).
During the contract, any change in risk as stated below must be reported to Inter Mutual
Companies (terms specified in Articles 7 and 8 of the General Conditions).
You told us:
▪ YOUR BACKGROUND
- Not have been terminated by the previous insurance company covering the risk, whatever the reason.
- Have not suffered or caused any losses during the 3 years preceding the subscription of the contract.
- Have not been subject to liquidation or receivership in the 24 months preceding the subscription.
▪ YOUR BUSINESS
Page 1 of these Special Conditions
Ä Number of participants in activity
You told us that you did not provide the following services:
- Creation and maintenance of merchant websites with sale and use of payment methods in line
- Software design and publishing;
- Video game development;
You have told us that you do not engage in audit and/or advisory activities in the following areas:
- Accounting, legal, tax or financial advice relating to the practice of professions regulated as follows: architects, notaries, bailiffs, lawyers, attorneys, property attorneys intellectual property, accountants, auditors, real estate agents, stock exchange agents and banks, promoters, financial institutions, Insurance and reinsurance brokers, general agents, inspection and audit companies, freight forwarder
- Advice on mergers, acquisitions, takeovers
- Advice on rescuing or reorganising businesses
You also told us that you do not provide the following services:
- Intermediary for financing (crowdfunding, credit) or tax optimization
- Private security activities (security of property and persons) subject to obtaining a card professional
- Activities relating to architectural firms, project management and project management assistance: carrying out, monitoring and receiving building and civil works
- Activities under the Design Offices and Engineering Firms: design, implementation and monitoring projects with technical studies and analyses, project management assistance
- Expertise in energy renovation
- IT services: information systems optimization, IT security
- PEO, temporary work or transition management services
- Outsourcing services
- Activities of certification body and auditor acting on behalf of a certification body certification.
When you use a subcontractor to perform a service on which you have engaged:
- you check that the latter is covered by a civil liability insurance contract Operation and
Professional,
- you maintain all claims against your subcontractor and/or its insurers.
THE GUARANTEES SUBSCRIBED
▪ Civil liability (Art. 32 to 37 of the General Conditions)
(Special Convention "Civil Liability Amounts")
(Special Convention "Civil Liability Advisory Activities")
Non-consecutive intangible damage extension
(Special Convention "Non-consecutive Intangible Damage") up to USD 110,000
▪ Legal protection following an accident (Art. 38 to 47 of the General Conditions)
THE APPLICABLE DEDUCTIBLES
The deductible is expressed by reference to the FFB index, the value of this index being taken in consideration on 1 January of the calendar year of occurrence of the loss (Art 14 of the
Conditions General).
The deductible amounts for each guarantee are detailed below (the value of the index at the subscription of the contract is indicated on the first page of your contract):
45% of the index on all damages except:
▪ Personal injury on civil liability ...................................................................... no deductible
▪ Damage related to the guarantee "Civil liability on entrusted movable objects (Art. 33 of the Conditions General)................................................................................... 75% of index
▪ Non-consecutive intangible damage (Special Convention "Non-consecutive intangible damage consecutive") .............................................................................................USD 2,200
▪ Legal protection following an accident (Art. 38 to 47 of the General Conditions)
Guarantee trigger thresholds:
- amicably ………………………………………………………………………………………………….……………………………USD 330€
- in litigation:* before the Tribunals....................................................................................USD 1,100
* before the Council of State or the Court of Cassation.......................................................USD 3 300
SPECIAL CONVENTIONS
CIVIL LIABILITY AMOUNTS
Amounts of guarantees per year of liability insurance (Articles 32 to 37 of General Conditions) regardless of the number of claims and victims.
The amounts indicated below constitute the maximum commitment of Inter Mutuelles
ENtreprises to all claims received in all years under the subsequent guarantee (Article 37.A.1 of the General Conditions) regardless of the number of claims, victims an the timing of Settlements made by Inter Mutuelles Entreprises.
Amount of guarantees in all cases other than those referred to in paragraphs 1 to 8 below:
Physical, material and immaterial injuries consecutive____ USD11,000,000
Without exceeding:
- for material damages ……………………………………………………………………………………………………USD 2,200,000
- for intangible damage resulting from personal or material damage…………………....USD 1,100,000
Except:
1 – Exceptional damages according to the provisions of Article 51 of the General Conditions
(amount per sinister)
All injuries (physical, material and consequential immaterial) combined
.2 – Food poisoning (Article 34 of the General Conditions) ………………………………………USD 2 200 000
All injuries (physical, material and consequential immaterial) combined
3 – Accidental pollution (Article 35 of the General Conditions) ..................................USD 550,000
All injuries (physical, material and consequential immaterial) combined
4 – Fire, explosion or water damage damage – Frost or thaw damage
Consequential personal and immaterial injuries ....................................................... USD 6,600,000
Consequential material and intangible damage .........................................................USD 1,100,000
5 – Damage to entrusted objects (Article 33 of the General Conditions)
Consequential material and intangible damage ...............................................................USD 11,000 per claim not exceeding USD110,000 per insurance year
6 – Flight by Attendant (Article 36-2 of the General Conditions)
Consequential material and intangible damage ...............................................................USD 11,000
7 – Civil liability after delivery-receipt ..........................................................................USD 2,200,000
All injuries (physical, material and consequential immaterial) combined
Without exceeding for immaterial damages resulting from personal injury or material.............................................................................................................................USD 550,000
8 – Liability in case of "inexcusable fault" (Article 36-3 of the General Conditions)
All damages (additional compensation) combined .....................................................USD 6,600,000
NON-CONSECUTIVE CONSEQUENTIAL DAMAGE
By partial derogation from Article 32 of the General Conditions, the Civil Liability Guarantee is extended, up to the amount indicated in these Special Conditions, non-material damages as a result of personal injury or property damage.
Non-consecutive immaterial damage means any financial damage resulting from the deprivation of enjoyment of a right, interruption of a service rendered or loss of profit due to faults professional committed by the insured when their origin is:
- Failure to advise: omission, delivery of inaccurate or incomplete information
- Error of assessment, negligence
- The accidental delay in the performance of the ordered service
- Accidental disclosure of confidential information
- Intellectual property infringement due to error, negligence or omission
- Invasion of privacy, image rights
- Denigration, defamation
The following are also covered, within the limit of the guarantee:
- The damages which the insured would be obliged to bear if they were due under the compensation for damage suffered in respect of guaranteed damage
- Additional costs incurred by the insured in agreement with Inter Mutuelles Entreprises to limit the significance of the financial consequences of a claim
When the insured carries out an advisory, audit and/or training activity mentioned herein Special conditions, only the damage defined above caused by the insured to its customers are The client is defined as any natural or legal person with whom the insured has established a written contract for the provision of services by and in respect of that activity intellectual, product or service.
In addition to the general exclusions provided for in Articles 5 and 32 of the General Conditions, the guarantee does not cover:
- The financial consequences resulting from a contractual commitment which oblige the insured to provide deliverables or services to enable the client to achieve a level of performance predetermined
- damage resulting from the use and/or publication of content without permission and/or customer validation
- the harmful consequences resulting from attacks on morality and/or public order, thus failure to comply with regulatory provisions relating to publications by way of press or by any other mode of distribution.
- the financial losses incurred by the insured himself and the costs incurred to remedy them.
CIVIL LIABILITY "CONSULTING ACTIVITIES"
The "Civil Liability" guarantee covers the declared consulting activity, including services audit and training associates where they fall within the scope of activity referred to in these Special
Conditions.
In accordance with the provisions of articles 5 and 32 of the General Conditions, our guarantee
"Civil Liability" does not cover the harmful consequences resulting from:
- acts of commerce or service other than opinions or recommendations, unless the activities generating them are expressly mentioned in these Special Conditions,
- advice:
•computer system or computer security
•expertise in the field of energy renovation
•in business buyout or merger acquisition
•in business rescue or recovery
- de conseils relevant de l'exercice des professions règlementées suivantes : architectes, notaires, huissiers, avocats, avoués, conseils en propriété intellectuelle, experts comptables, commissaires aux comptes, agents immobiliers, agents de bourse et de banque, promoteurs, instituts financiers, courtiers d'assurance et de réassu
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