SKYBOARD TERMS AND CONDITIONS OF SALE
These terms and conditions govern any reservation of advertising space (hereinafter "the order") made by an advertiser or its agent (hereinafter collectively "the client") with SKYBOARD (hereinafter "the agency") as well as all offers of sale of advertising space made by the management to the customer, in view of the distribution of the advertisements of the customers in one of the media of the management.
Unless expressly agreed, any order placed with the management automatically entails the customer's acceptance of these general conditions notwithstanding any clause to the contrary appearing in any document, in particular in its commercial documents.
1/ FORMATION OF THE CONTRACT
1.1. Information to be provided
In support of any order, the client must communicate to the management all technical information and other information required by the latter, including in particular those intended for its financial department.
1.2. Right of refusal
The management reserves the right to refuse any order from a customer at any time, without having to indicate the reasons, it being specified that such a refusal does not give rise to any right to compensation for the customer, and cannot exempt him payment for advertisements already inserted.
1.3. Validation of orders
To be able to be validated by the management, any online validation must reach it at the latest 1 week (7) working days before the desired date of the broadcast of the announcement, and subject to the approval by the management of the availability spaces available.
2/ EXECUTION OF THE CONTRACT
2.1 Delivery of items
The customer must provide the management with all the elements necessary for the distribution of the ad, including in particular text, photos, size, weight and animation in electronic format in the case of images, no later than five (5) working days before the first date of the announcement.
The advertiser broadcasts a story from their social page (or by sending us the elements in the absence of a social page) during the scheduled current month period.
The management then verifies that all the advertisements fulfill the distribution rules (including total transparency in the service of readers, with a mention of the sponsored nature), and that they are transmitted on time in order to guarantee the quality of reading, before to share it.
Failing this, the agency will not be required to broadcast the ad or the story, the customer remaining to owe it, at the very least, the sale price of the unused space..
2.2 Verification of execution
The customer having immediate and permanent online access to the support of the management undertakes to report to the management, from the first day of the broadcast of his advertisement, any lack of conformity with the specifications provided for in the contract.
After this period, the announcement will be deemed to be in conformity and the execution delivered not contestable.
All promotions refer to the advertiser's sponsored page on Sortiraparis.com.
3.1 Declaration of the management
Unless expressly agreed, the management does not grant any exclusivity to the customer on the reserved advertising space.
Due to their strictly personal nature, the management denies the client the possibility of assigning to third parties, for any reason whatsoever, the rights which are contractually conferred on him.
3.2 Customer declaration
The customer assigns to the management all rights of use and reproduction of his advertisement for the entire duration of the contract.
He declares that it is his personal business to obtain all rights and authorizations necessary for the dissemination of any advertisement following one of his orders. He certifies, in particular, that the content of his advertisement will not contravene any regulations in force (in particular with regard to advertising, competition or intellectual property) and does not contain any defamatory or harmful aspect with regard to third parties.
The customer guarantees and undertakes to indemnify the management for all the material consequences of the recourses which would be formed by third parties considering themselves injured in any capacity whatsoever this evening by the broadcasting of any announcement following one of their orders.
4.1 Fault of the customer
Non-compliance by the customer with its obligations to deliver on time, as well as supply of all compliant elements not affected by technical defects, releases the management from any liability for the performance of the contract and deprives the customer of any right to termination, as well as to indemnity.
The customer also remains liable for the entire invoicing provided for in the contract for its entire duration.
4.2 Extraneous cause
The management is released from its obligation to broadcast following the occurrence of any fortuitous event or force majeure, or even any fact attributable to a third party or any other circumstance having a cause external or independent of the fact personal to the management, and directly or indirectly preventing it from fulfilling its obligations.
In these circumstances, any delay or lack of distribution cannot justify the cancellation of the order by the customer, nor entitle the latter to damages.
4.3 Limitation clause
In any case, the management can not be held liable for the payment of compensation or penalties of an amount greater than the sale price of the spaces reserved by the customer.
4.4 Liability for content
Each client company is responsible for the texts and photos published on Sortiraparis, and will be directly challenged in the event of copyright infringement. The publisher disclaims all liability for content put online by the company, moderation not including the search for copyright.
5/ DISTRIBUTION PRICE
5.1 Tarif applicable
The rate applicable to one or more advertisements is that in force at the time the offer is sent by the management. It remains applicable throughout the duration of the contract. The prices are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and the costs applicable on the day of the order.
5.2 Taxes and technical fees
Taxes and technical costs such as composition or shipping costs are not included in the price. They are entirely the responsibility of the customer and are invoiced to him directly in addition.
6/ PAYMENT TERMS
From the insertion order or the signed order form or the online validation, the corresponding invoice is sent by the management to the customer.
It includes the sale price of the spaces reserved by the customer plus, where applicable, taxes and technical costs. It is payable immediately by the customer by credit card, bank check or transfer, unless special dispensation granted by the management.
6.2 Default of payment
Any failure to pay an invoice on its due date automatically results in the suspension of the execution of the contract.
In addition, the agency may, at its convenience, make payable all sums due by the client for services already performed without prior formalities. In this case, all sums owed by the customer to the management which have thus become payable by operation of law will bear interest corresponding to one and a half times the legal rate from the date of the finding of default of payment by the management.
In addition, all costs of recovery of sums due to be incurred by the management will be borne by the customer.
6.3 Subscription to a referencing service
Regarding the subscription to an SEO service, you will be billed once a month on the date of your initial registration, and your card or bank account will be automatically debited. We can modify our subscriptions as well as the price of our service, however, any modification of pricing or of your subscriptions will only be applicable after a minimum period of 30 days following receipt of a notification from us. You can cancel your subscription at any time. To cancel your subscription, send us an e-mail at firstname.lastname@example.org or cancel directly from your interface: the cancellation will be taken into account immediately for the current period, as well as the withdrawal of the article and all sponsored highlights.
Within 7 days after the 1st subscription, one of the "referencing" subscription offers from €499 can be canceled and refunded on simple request, via an e-mail to email@example.com (a customer or similar group already reimbursed cannot request a second reimbursement). Outside of this framework to test our offerings, all other payments made are non-refundable, and we do not issue refunds or credits for periods billed.
6.4 Pausing the subscription
The customer is entitled to a fixed-term suspension called "Pause".
The customer can suspend his monthly subscription for a period of one (1), two (2) or three (3) months from his personal account.
The customer must choose the duration of the suspension, the maximum duration of which is therefore three (3) months. He cannot therefore accumulate successive suspensions.
The suspension will expire at the end of the chosen duration, unless the customer reactivates his subscription before the end.
At the end of the suspension, the broadcasting of the devices included in the subscription will resume automatically.
6.5 Penalty clause
Failure to pay by the due date results in the immediate payment of all sums remaining due and gives rise to the benefit of the management to compensation equal to fifteen percent (15%) of the total sums that have become due.
7.1 Modification by the management
The management reserves the right to modify the terms of payment during the execution of the contract in the event of a deterioration in the financial situation and the guarantees of solvency presented by the customer.
7.2 Modification by the customer
Once the order has been accepted, customer requests for modification, postponement or cancellation of all or part of the contract must be made to the management in writing at least fifteen (15) days before the date of the first broadcast. provided for in the contract.
After this period, the customer must perform the contract purely and simply.
The management seized of a request made within this period, can accede to these requests in whole or in part, in which case it will send the customer an amendment to be validated within the period of seven (7) days from its receipt, under the conditions of article 1.3 above.
He can also pronounce the immediate termination of the contract, the customer remaining to owe him at least the sale price of the unused space.
7 .3 Jurisdiction
These general conditions are subject to French law.
The Commercial Court of PARIS will have sole jurisdiction for any dispute relating to the interpretation or execution of any contract referring to the present.