Contract number: ECHA/2019/355  FWC conditions of October 2018 
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II. GENERAL CONDITIONS FOR THE FRAMEWORK 
CONTRACT FOR SERVICES 
II.1. Definitions 
For the purpose of this FWC, the following definitions (indicated in italics in the text) apply: 
‘Back office’: the internal system(s) used by the parties to process electronic invoices;  
‘Breach of obligations’: failure by the contractor to fulfil one or more of its contractual 
obligations. 
‘Confidential information or document’: any information or document received by 
either party from the other or accessed by either party in the context of the implementation 
of the FWC , that any of the parties has identified in writing as confidential. It may not 
include information that is publicly available; 
‘Conflict of interest’: a situation where the impartial and objective implementation of the 
FWC by the contractor is compromised for reasons involving family, emotional life, political 
or national affinity, economic interest, any other direct or indirect personal interest, or any 
other shared interest with the contracting authority or any third party related to the subject 
matter of the FWC; 
‘Creator’: means any natural person who contributes to the production of the result; 
‘EDI message’ (electronic data interchange): a message created and exchanged through 
the electronic transfer, from computer to computer, of commercial and administrative data 
using an agreed standard; 
‘e-PRIOR’: the service-oriented communication platform that provides a series of web 
services and allows the exchange of standardised electronic messages and documents 
between the parties. This is done either through web services, with a machine-to-machine 
connection between the parties’ back office systems (EDI messages), or through a web 
application (the supplier portal ). The Platform may be used to exchange electronic 
documents (e -documents) such as electronic requests for services, electronic specific 
contracts, electronic acceptance of services and electronic invoices between the parties.  
‘Force majeure’: any unforeseeable, exceptional situation or event beyond the control of 
the parties that prevents either of them from fulfilling any of their obligations under the 
FWC. The situation or event must not be attributable to error or negligence on the part of 
the parties or on the part of the subcontractors and must prove to be inevitable despite 
their exercising due diligence . Defaults of service, defects  in equipment or material or 
delays in making them available, labour disputes, strikes and financial difficulties may not 
be invoked as force majeure , unless they stem directly from a relevant case of force 
majeure;  
‘Formal notification’ (or ‘formally notify’): form of communication between the parties 
made in writing by mail or email, which provides the sender with compelling evidence that 
the message was delivered to the specified recipient;  
‘Fraud’: an act or omission committed in order to make an unlawful gain for the 
perpetrator or another by causing a loss to the Union's financial interests, and relating to: 
i) the use or presentation of false, incorrect or incomplete statements or documents, which 
has as its effect the misappropriation or wrongful retention of funds or assets from the