Index Syntec
Shawna Erholm
The prices of the service contract may be revised at each contract expiration date according to a formula that integrates the evolution of the Syntec index. The reference index used will be that of November (example).
For price revisions on the first of January of each year, it is advisable for practical reasons to take the November or October Syntec index as a baseline. Indeed, the December index is only known at the end of the following January, which is late for the application of contractual price increases.
The SYNTEC index measures changes in labor costs for services provided by companies in the SYNTEC sector, within the framework of certain projects (long-term contracting, software or application maintenance, etc.).
Once these responses have been obtained, a monthly report is drawn up, showing the average full-time equivalent workforce of these companies and the total gross salaries corresponding to this workforce.
Based on these results, a calculation is made to measure the change in the sum of gross payroll and the sum of full-time headcount, relative to the working time in question. The resulting index is then smoothed over a 12-month period.
This revised, more precise index is now produced each month by calculating the average payroll and corresponding full-time equivalent workforce declared by the control group, by sector (Digital, Engineering and Consulting) and by employee bracket (20-199 employees / 200-499 employees / 500 employees and over).
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Agreement: a contract or an order form signed between Data Provider and Client, including its appendix(ices), annex, schedule and amendment as may be supplemented or amended from time to time, and including a framework Agreement covering several sub-Agreements;
Authorized Users: employees working at the Client or its Affiliate who have access to the Database. Some users identified in the Agreement may have additional rights related to the use of the Database, the access to the Platform or to the Research team, which are specified in the Agreement;
a. The General Terms and Conditions apply to all offers and Agreements with Iceberg Data Lab and are deemed to be accepted by the signature of an Agreement. These General Terms and Conditions apply and expressly exclude the applicability of any other general terms and conditions, whatever their title.
the Agreement;
the General Terms and Conditions.
In the event of a conflict between documents of a different nature and of different ranks, it shall be expressly agreed between the parties that the provisions contained in the highest-rank document shall prevail.
5.2 Password: Authorized Users will be provided a unique password to access to the Database. In this respect, the Client undertakes to inform IDL, without undue delay, in the event of an unauthorized disclosure of a password;
5.3 Termination: Iceberg Data Lab may revoke the access to the Database for Clients which are not compliant with the General Terms and Conditions or the Agreement. Should an Authorized User no longer works for the Client, the Client should notify the change to Iceberg Data Base to terminate its access within five (5) Business Days.
If the Agreement stipulates that the Client should provide specific inputs to allow IDL performing its assessment, IDL will not be obliged to start providing the services agreed in an Agreement until all of these inputs have been provided in the agreed format, quantity and quality. Delays due to the Client not providing those specific inputs will under no circumstances constitute a situation of default attributable to IDL. IDL will make every effort to base its assessment from sources it considers reliable whenever possible. The work and information delivered by IDL to the Client will be considered to have been accepted if IDL has not received any written objection within two (2) weeks of Delivery .
7. Fees and payments
7.1 Fees: The fees for the provision of data or services by Iceberg Data Lab are defined in the Agreement. The prices are deemed exclusive of sales tax (ex. VAT) and other applicable taxes and levies. Any work will be invoiced separately and sent to the contact person and address specified in the Agreement.
7.2 Indexation: The prices agreed in the Agreement are indexed at each yearly anniversary of its signature. on the basis of the latest published SYNTEC index. The amount of invoices issued shall be calculated by applying the following formula:
In case of disappearance of the index, express jurisdiction shall be attributed to the President of the Court of ordinary law, to define an index that will be integrated in the review formula. This index shall be chosen in such a way that it is as close as possible to the missing index.
In the event of delay in payment exceeding thirty [30] days, after the above-mentioned formal notice, excluding carry-over requested by the Customer, and accepted by Iceberg Data Lab, the latter will be entitled to:
DL will indemnify, defend and hold harmless the Client and any of its agents, officers and directors from and against any and all losses, claims, damages, expenses and liabilities (including the cost of investigating or defending against such losses, claims, damages, expenses and liabilities and any legal fees incurred in connection therewith) to which the Client, its agents, officers or directors may become liable as a result of or based upon any claim or allegation relating to:
The Client will indemnify, defend and hold harmless IDL and any of its agents, officers and directors from and against any and all losses, claims, damages, expenses and liabilities (including the cost of investigating or defending against such losses, claims, damages, expenses and liabilities and any legal fees incurred in connection therewith) to which IDL, its agents, officers or directors may become liable as a result of or based upon any claim or allegation relating to:
any breach of this Agreement by the Client, or the Client willful default, fraud or negligence in the performance of its duties hereunder, except where and to the extent that such loss arises as a direct result of the negligence, willful default or fraud of IDL.
Each party of an Agreement shall, to the extent that it can do so lawfully, endeavor to take all reasonable steps with a view to mitigating any losses suffered by it in relation to activities carried out pursuant to an Agreement.
Neither party will be liable to the other for any loss of business, loss of profits, loss of opportunity, damage to reputation or any indirect or consequential losses arising from any breach of an Agreement or any duty of obligation owned in connection with an Agreement. Neither party shall be liable for the non-performance of its obligations under an Agreement to the extent that such non-performance is due to a Force Majeure event, provided that the affected party shall notify the other party immediately on the occurrence or existence of such Force Majeure event and provided that such party shall use its reasonable efforts to prevent and to minimize the effect of such Force Majeure event.
IDL shall make its best efforts to provide the Client with a Database that is error-free, complete and/or up to date. However, IDL cannot guarantee it, insofar as IDL is using public data on which it has no control in order to constitute its Database.
IDL cannot be held responsible for investment choices resulting from the use of its Database. In the same way, IDL cannot be held responsible for investment choices resulting from recommendations of analysts or financial intermediaries based on their opinion in whole or in part on the Database.
Thus, the use of the Database by the Client is carried out under the sole control, direction and responsibility of the Client who therefore uses the information contained in the Database at its own risk and assumes sole responsibility for the decisions taken on the basis of the said information without possibly lodging any recourse against the Data Provider in this respect.
Each party takes in charge its obligations related to the data protection and privacy laws as data controllers. In this respect, in application of the regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and of the French loi Informatique et liberts du 6 janvier 1978, the persons whose personal data are used by Iceberg Data Lab or the Client resulting from the enforcement of the Agreement can access, rectify,erase their personnal data and provide guidance concerning the processing of their personal data post-mortem, within the conditions set by the data protection and privacy laws. They can also request a restriction of the processing of their personal data. This demand can be made in written form at the registered headquarter of the companies if no contact point is identified. Each party agrees to inform the data subjects of the processing activities they implement as data controllers.
The Client is informed that Iceberg Data Lab implements, in its own name and on its behalf, strictly necessary cookies, performance cookies and functionality cookies, as well as similar devices, on the Platform. A cookie banner displayed on the Platform includes all information necessary to be communicated to the users, in compliance with the applicable law and regulations.
11. Insurance
IDL certifies that it has taken out an insurance policy with a solvent insurance company for all the financial consequences of its professional, tortious and/or contractual civil liability due to bodily injury, material and immaterial damage caused to the Client and any third party in connection with the provision of its services.