General Terms and Conditions of Sale

OD Investigations is operated by Mr Olivier Desmousseaux, licensed private investigator in Switzerland (B.A.S.P.E. – Geneva licence no. 0781), holding an investigator's diploma since 1992.

These General Terms and Conditions of Sale (hereinafter 'GTC') are intended to define the rights and obligations of the parties in the context of the research, investigation and analysis services provided by OD Investigations.

Any order or validation of a mission implies full and unreserved acceptance of these GTC.

'Provider': means OD Investigations and its legal representative, Mr Olivier Desmousseaux.

'Client': means any natural or legal person, public or private, who entrusts a mission to the Provider.

'Mission': means the set of services described in the quotation or the specific agreement signed between the parties.

'Report': means the document drawn up by the Provider and handed over to the Client at the end of the Mission.

These GTC apply to all services provided by OD Investigations, whatever their nature, including debtor tracing, solvency investigations, asset identification, data verification, documentary analysis and OSINT investigations.

The Provider carries out its activities in accordance with Swiss legislation and holds a valid licence issued by the Geneva authorities (B.A.S.P.E.).

Services are performed mainly from Switzerland and may concern persons, entities or situations located in France or internationally, subject to the limitations set out in Article 6.

Missions entrusted may include field investigations, including surveillance, shadowing and evidence gathering, conducted exclusively in strict compliance with Swiss law and the limits of the B.A.S.P.E. licence held by the Provider.

Missions entrusted include in particular:

Debtor tracing (natural and legal persons)

Solvency investigations

Asset and estate identification

Data verification and updating

Administrative and financial investigations

These services rely exclusively on:

Use of specialised databases

OSINT investigations (open sources)

Telephone and administrative research

Documentary analysis and cross-referencing of information

OD Investigations states that it does not hold an authorisation issued by the CNAPS (Conseil National des Activites Privees de Securite) in France.

Consequently:

No field investigation mission (shadowing, surveillance, photography, physical investigations) is carried out on French territory by OD Investigations or under its direction.

Any intervention requiring a physical presence in France is expressly excluded from the contractual scope, unless a duly authorised partner is called upon as provided for in Article 7.

Where a mission requires an intervention on French territory or in a country subject to specific regulations regarding private security activities, OD Investigations reserves the right to:

Propose the use of a local partner duly authorised by the competent authorities of the country concerned;

Or direct the Client towards a professional authorised in the territory concerned.

In this case, the liability of OD Investigations is strictly limited to its role as advisor, coordinator or preliminary analyst. The Client acknowledges that the contractual, pricing and liability terms of the local partner will be directly enforceable against him.

Fees are freely agreed between the parties and specified in the quotation or specific agreement prior to the execution of the Mission.

Expenses incurred during the Mission (access to paid databases, travel expenses where authorised, etc.) are charged in addition on production of supporting documents.

Unless otherwise stated, a deposit of 50% may be required before the start of the services. The balance is payable at the end of the mission upon receipt of the invoice.

In the event of late payment, late payment penalties at the rate of 5 % per annum may be applied, without prejudice to recovery costs.

Any mission cancelled by the Client after acceptance of the quotation and commitment of resources may be invoiced for the services already performed and the irrecoverable costs incurred.

OD Investigations is bound by professional secrecy. All information collected in the course of the Mission is treated with the strictest confidentiality.

The Client's data, Mission details and research results are not disclosed to any third party without the Client's prior written consent, except where required by law or by judicial authority.

The Provider implements appropriate technical and organisational measures to ensure the security and confidentiality of the data processed.

Reports drawn up by OD Investigations are based on information obtained in strict compliance with the applicable legal frameworks, in particular Swiss data protection legislation (FADP) and, where applicable, the GDPR for data concerning residents or entities of the European Union.

The Client is expressly informed that:

The admissibility of a report depends on the legality of the means used to obtain the information;

No service will be performed in violation of applicable regulations, in particular French regulations;

OD Investigations reserves the right to refuse any mission whose object or means would be contrary to the law, public policy or morality.

The processing of personal data is carried out in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR).

The Client has the right to access, rectify, erase and object to data concerning him. These rights are exercised with OD Investigations at the following address: contact@od-investigations.ch.

Data is kept for the period strictly necessary for the performance of the Mission and for legal retention obligations, and is then securely destroyed.

OD Investigations undertakes to implement all necessary means to carry out the missions entrusted to it, in compliance with the legal and ethical obligations incumbent on it as a licensed professional.

The liability of OD Investigations may not be engaged in the event that the information contained in the Report is used by the Client outside the applicable legal framework.

The Provider does not guarantee the systematic obtainment of all the information sought, insofar as this depends on the availability of sources and the cooperation of third parties.

In no event shall the liability of OD Investigations exceed the total amount of fees invoiced for the Mission in question.

The Report remains the intellectual property of OD Investigations until full payment of the related fees and expenses.

Once payment has been made in full, the Client is granted a strictly personal and non-transferable right to use the Report, solely for the purposes for which the Mission was justified.

Any reproduction, communication or distribution of the Report to third parties without the prior written consent of OD Investigations is prohibited.

The Mission begins on the date agreed between the parties and ends on delivery of the final Report, unless otherwise provided in the quotation.

Each party may terminate the Mission in writing in the event of a serious breach by the other party of its contractual obligations, after formal notice has remained without effect for a period of 10 working days.

In the event of early termination for a reason other than a serious breach, the fees corresponding to the services already performed and the irrecoverable costs remain due.

These GTC are governed by Swiss law.

In the event of a dispute relating to the interpretation or performance of these terms, the parties shall endeavour to find an amicable solution. Failing agreement within 60 days of the written notification of the dispute, the dispute shall be brought before the courts of the Canton of Geneva, to which the parties assign exclusive jurisdiction.

The validation of a mission, in whatever form (signature of the quotation, written acceptance, confirmation email or payment of the deposit), implies full and complete acceptance of these General Terms and Conditions of Sale, in particular the limitations linked to the international legal framework for private investigations.

The Client acknowledges that he has read these GTC before placing any order and waives the right to invoke his own general terms and conditions of purchase, unless the Provider has given its prior written agreement.