Penalty and Termination Clauses: What the Court Says About It

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Factuality

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The Caen Court of Appeal provides a useful reminder of the distinction between penalty clauses and termination clauses, here in the area of IT services, and the consequences it entails. The facts In fact, a company specializing in remote secretarial services for healthcare professionals had contracted with an IT service provider for the provision of telephone services, professional internet access and an internet telephony tool (VOIP), all for a…