Intervening within the framework of Project Management Assistance, SILVERPROD SAS is subject to an obligation of means. SILVERPROD SAS undertakes to perform the tasks assigned to it, in accordance with the rules of the art, in accordance with the laws and regulations in force and in accordance with the ethics of the profession.
4.1 Liability: SILVERPROD SAS will only be held liable to the extent that it is proven that it has committed a breach or fault in the performance of its obligations which caused direct damage to the Client. The Employer assumes full responsibility for the security of software, data and all documents. He undertakes to take all protective measures in order to be able to reconstitute them, and more particularly to make backups or duplicates. The Client expressly agrees that SILVERPROD SAS cannot be held liable for any indirect or commercial damage to the Client, as well as for any action brought against the Client by a third party under these conditions. In the same spirit, the Contracting Authority waives the liability of SILVERPROD SAS by guaranteeing damages suffered by a third party who used the work carried out by SILVERPROD SAS under these conditions. The Client acknowledges that the total liability of SILVERPROD SAS under these conditions is limited, all sums combined, to the total amount of sums committed. This limit also applies in the event of conviction of SILVERPROD SAS for any reason whatsoever and / or if the Client has a right to compensation for direct damage suffered resulting from the faults of SILVERPROD SAS in the framework of these conditions. Any action brought by the Client must be initiated within three months of the occurrence by SILVERPROD SAS of the damaging event.
4.2 Insurance: SILVERPROD SAS declares to be insured for its professional civil liability with a company known to be solvent for all material and immaterial damage resulting from the execution of these conditions, within the limit of the clauses and conditions of its policies which constitutes, under reserve of what appears below, a ceiling of its commitments. SILVERPROD SAS undertakes to maintain these guarantees for the duration of these conditions and to provide a certificate thereof upon express request from the Client.
4.3 Guarantees: Taking into account the prime contractor's control over the services provided by SILVERPROD SAS and his professional capacity, the result of his services is not accompanied by any contractual guarantee. The Client guarantees to SILVERPROD SAS that it is the holder of all authorizations, property rights, user licenses on all IT configurations or documents to which SILVERPROD SAS will have access for the performance of its services.