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Terms and conditions of use and sale

Preamble

 

SEO JUNGLE, a société par actions simplifiée (simplified joint stock company) with registered office at 8 Bis Boulevard Georges Pompidou – 14000 CAEN, registered in the Caen Trade and Companies Register under number 978 061 323, manages a platform that brings together Publishers and Advertisers for the promotion and sale of advertising services (hereinafter referred to as “the Platform”).

 

The purpose of these general terms and conditions of use and sale (hereinafter “CGUV”) is to define the terms and conditions of use and sale for Advertisers on the Platform as well as to define the rights and obligations of the parties; they can be accessed at any time via the app.seo-jungle.com platform (hereinafter “the Platform”), and any questions relating to them can be sent to the following e-mail address: hello@seo-jungle.com.

 

Any access to or use of the Site implies the Advertiser’s acceptance of all of these CGUV, and thus constitutes the conclusion of a contract between SEO JUNGLE and the Advertiser.

 

Definitions

 

The definitions below are applied to the terms of these CGUV:

 

CGUV: means these Terms and Conditions of Use and Sale of the Platform of the company SEO JUNGLE.
 
Company: refers to the company SEO JUNGLE.
 
Platform: means the Platform of the company SEO JUNGLE whose purpose is to connect Publishers (Sellers) and Advertisers (Buyers) for the selection and purchase of online advertising services.
 
Publisher: refers to any individual or legal entity, owner of website(s), registered on the Platform as a Publisher, in order to promote and sell advertising space on its Website(s) via the Platform.
 
Advertiser: refers to any natural or legal person who purchases advertising space on the Platform, and who has accepted the present GCUV.
 
Party(ies): refers jointly or separately to the Company and the Advertiser.
 
Sale(s): refers to the sale of advertising space by the Publisher to the Advertiser via the Platform.
 
Publication(s): means the Articles and related Options promoted and offered for sale by the Publisher via the Platform for publication on the Publisher’s Site.
 
Article(s): refers to Advertisers’ sponsored (paid) articles published on Publishers’ websites.
 
Option(s): refers to options that may be offered by Publishers in addition to the publication of Articles, such as additions to Advertisers’ newsletters, highlighting or relays of Articles on social networks in particular.
 
Order: refers to any Publication order placed by an Advertiser with a Publisher via the Platform.
 
Account: refers to an Advertiser’s account created at the time of registration on the Platform and accessible by said Advertiser under the conditions set forth in these GCUV.
 

Article 1 – Advertiser access to the Platform

 
To access the Platform, the Advertiser must be legally capable of using these services to purchase advertising space from Publishers via the Platform.
 
The Platform and the services offered on it are intended solely for professionals, understood as any natural or legal person, public or private, acting for purposes falling exclusively within the scope of its professional activity; consequently, only the following may register on the Platform:
 

  • Legal entities registered with the RCS or equivalent foreign registry;
  • Individuals with the capacity to purchase products or services on a professional basis, registered with the Répertoire des Métiers or equivalent foreign register.

 

Article 2 – Advertiser registration on the Platform and placing Orders

 

2.1 Creation of an account

 
Registration on the Platform implies acceptance of the present CGUV, which is evidenced by a box to be ticked on the registration request form; an Advertiser who does not accept the present CGUV may not under any circumstances access the Platform or its Services.
 
In the event that a person other than the Advertiser himself registers the latter on the Platform, in the name and on behalf of the Advertiser, this person must necessarily either be the legal representative, or have a delegation, a mandate or an authorization allowing him to register the Advertiser on the Platform; SEO JUNGLE may request proof of this at any time.
 
Registration must be formalized on the Platform by filling in the form provided for this purpose; it implies acceptance of the present CGUV, and leads to the opening of an account in the Advertiser’s name, giving him access to a personal space with his login and password in order to manage his purchases, which are strictly personal and may not be used by any third party, except under the Advertiser’s sole responsibility.
 
In any event, it is the Advertiser’s responsibility to maintain the confidentiality and security of his login and password: any use of the latter to access the Platform is considered to have been made by the Advertiser; in the event of a confidentiality problem, the Advertiser undertakes to notify the Company without delay, and will be entirely responsible.
 
In the event of incomplete registration, it will not be validated; the Company further reserves the right to accept or refuse the registration of an Advertiser, without having to justify its decision, and without recourse or compensation for the Advertiser.
 

2.2 Information provided by the Advertiser

 
The Advertiser undertakes to provide accurate and truthful information at the time of registration and during the term of the contract; in the event of any change in such information, the Advertiser undertakes to notify the Company immediately and to provide the corresponding supporting documents on request.
 
In the event of difficulties caused by incorrect or incomplete information provided by the Advertiser, the latter may be held liable, to the total exclusion of the Company, which must be guaranteed by the Advertiser.
 

Article 3 – Financial conditions

 

3.1 Price of Publications

 
The price of publications is set freely by the Publisher.
 

3.2 Payment methods

 
The Advertiser has the following means of payment on the Platform:
 
Electronic wallet: the Advertiser may purchase credits at any time, and use them to place Orders, it being specified that the Advertiser may request reimbursement of the balance of unused credits within a maximum of 60 days of their purchase, by contacting the Platform’s support department;
 
Direct debit: the Advertiser must provide his bank details when making the first direct debit request;
 
Bank transfer: the Advertiser uses the bank details provided, and has a maximum of 60 days in which to do so, after which the order will be cancelled for non-payment;
 
Credit card: the Advertiser pays via the payment service offered on the Platform; if the Publisher refuses the order for any reason whatsoever, the corresponding amount will be credited back to the aforementioned electronic wallet, with the subsequent possibility of reimbursement within a maximum of 60 days.
 
The Advertiser may set up recurring payments by direct debit or credit card; in the event of payment failure, the provisions of article 3.3 of these GCUV apply.
 

3.3 Late payments and payment incidents

 
Invoices are payable on receipt; any delay in payment may result in :
 
Suspension of the Account until full payment of the sums due by the Advertiser;
 
An indemnity calculated on the basis of three times the legal interest rate in force, as well as a fixed indemnity for collection costs of 40 euros, in accordance with article L441-6 of the French Commercial Code;
 
Forfeiture of all sums due by the Advertiser.
 

Article 4 – Availability of services

 
The Company undertakes to do its utmost to ensure that the Platform is accessible 24 hours a day, 7 days a week, except in the event of force majeure or other circumstances beyond its control; the Company cannot, however, guarantee that the Platform will be free of all anomalies, errors or bugs, or even that these can be corrected, nor that it is compatible with all hardware.
 
Advertisers declare :
 
They are aware of the difficulties inherent in the use of the Internet, in particular due to possible network disruptions, and of the variability of speeds which may cause difficulties in accessing the Platform, for which the Company cannot be held responsible under these conditions;
 
Be aware of the limits of the Internet, in particular the random nature of response times for consulting or transferring data, and the risks associated with the security of communications, for which the Company cannot be held responsible.
 
The Company reserves the right to suspend its Services in order to carry out maintenance operations, improve functionality or correct any operating anomalies; it will endeavour to carry out these operations as soon as possible and if possible outside peak usage hours, but cannot be held liable in any way for the consequences of these operations.
 

Article 5 – Placing Orders

 

5.1 Publication order by the Advertiser

 
The Advertiser places an Order via the Platform by choosing the Publisher from whom he/she wishes to purchase Publications and any Options; by validating the Order, the Advertiser accepts the price and special conditions of the Publication set by the Publisher.
 
It is the Advertiser’s responsibility to ensure :
 

  • That Publications ordered via the Platform comply with applicable legal and regulatory requirements; in particular, they must not contain any elements inciting racial hatred, discrimination, contrary to public order denigrating;
  • To hold all rights and authorizations relating to the use of trademarks, logos, distinctive signs or other rights, in particular intellectual property rights, incorporated in the publications, without infringing the rights of third parties.

 

5.2 Order processing by the Publisher

 
For each Order placed by an Advertiser, the Publisher has a period of time defined by the Advertiser, or failing this a period of 30 calendar days, within which to accept or reject the Order, failing which the Order will be automatically rejected; in the event of acceptance, the Publisher will update the status of the processing of the Order until its Publication.
 
Articles may be written, at the Advertiser’s option, either by the Advertiser or by the Publisher.
 
In the case of Articles drafted by the Advertiser, the Publisher may accept or reject the draft, or even propose modifications for acceptance where appropriate.
 
For these Advertiser-produced Articles, the Advertiser may not make any claim or request for modification, provided that the Publisher has complied with the Advertiser’s precise instructions and the contractual conditions agreed between the parties.
 
For Articles drafted by the Publisher, the latter will submit the draft to the Advertiser for approval via the Platform; the Advertiser will then have a maximum of 14 days in which to :
 

  • Accept the proposed Article;
  • Request modifications up to a maximum number that may be specified in the Publisher’s terms and conditions;
  • Refuse the proposed Article, in which case the order must be paid for in any event, without the Company being held liable, in particular financially.

 
For those Articles created by the Publisher, the instructions given by the Advertiser :
 

  • Must be sufficiently precise to be accepted and executed by the Publisher,
  • May not subsequently be modified, it being specified that the Advertiser may not in any event be reimbursed for a service that has been carried out in accordance with his initial instructions.

 

5.3 Putting Publications online

 
The Publisher determines the deadlines and duration of publications, in accordance with the minimums and maximums stipulated in the present article.
 
Once an article has been validated, the Publisher has a maximum of 14 days to put the publication online.
 
The Publisher undertakes to keep the Publication online for a minimum of 30 days.
 
In the event of a dispute by the Advertiser concerning the Publications, the Advertiser must notify the Publisher within a maximum of 15 days of the publication being placed online or of the disputed event, informing the Company of the complaint; the Company may not in any event be held liable.
 
For the entire duration of the contractual relationship between the Parties, the Advertiser accepts that the Publishers may publish notices concerning the Advertiser, in the form of a rating system where applicable, on the Platform; only the Company may decide to publish or suspend such notices, without the Advertiser being entitled to claim any compensation in connection therewith.
 

5.4 Respect for the right to erasure

 
A person mentioned in an Article has the right to request the deletion or anonymization of his/her personal data in accordance with the regulations in force.
 
In this case, the Advertiser undertakes to accept the application of the said regulations by the Publisher.
 

5.5 Non-competition

 
The Advertiser expressly agrees not to enter into any contract with Publishers contacted via the Platform without going through the intermediary of the latter; this prohibition applies for a period of 10 years from the end of the Advertiser’s use of the Platform, and is valid worldwide.
 
In the event of breach of this non-competition clause, the Advertiser shall compensate the Company for five times the amount paid by the Advertiser to the Publisher for the corresponding service; if such breach occurs during the term of the contract, the Company shall also have the right to delete the Advertiser’s account, without notice or compensation.
 
If the Advertiser, during exchanges with the Publishers, attempts to send direct contact details (e-mail, tel, names, etc.) or to request rates outside the Company’s Platform, the Company will also have the right to delete the Advertiser’s account, without notice or compensation.
 

Article 6 – Company services

 
If the Company accepts the Advertiser’s registration, it provides the Advertiser with a space on its Platform so that he can access the Publishers’ offers, and validate and pay for his Orders.
 

Article 7 – Relationship between the Advertiser and the Company

 
The relationship between the Advertiser and the Company does not create any relationship of subordination or economic dependence between the parties.
 
The Advertiser shall in no event be considered as an agent, representative or employee of the Company.
 

Article 8 – Duration

 
The contractual relationship between the Advertiser and the Company is concluded for an indefinite period from the date of the Advertiser’s registration.
 
Either party may terminate the contract without cause by giving six months’ notice; the Advertiser will then remain bound by the obligations contracted during the term of the contract, with regard to both the Company and the Publishers.
 
The Company may cancel without notice or compensation any account that has remained inactive for a period of at least 12 months.
 

Article 9 – Termination

 
In the event of breach by the Advertiser of its obligations under the present CGUV, the Company may terminate the contract 15 days after formal notice to remedy the breach has remained unanswered, without indemnity for the Advertiser and reserving the right to claim damages; this termination may also take place without formal notice or delay for cases in which this is provided for herein.
 
The Advertiser will in any event remain bound by the obligations contracted during the course of the contract, both with regard to the Company and to the Publishers, and the credits outstanding on the electronic portfolio will not be reimbursed.
 

Article 10 – Intellectual property

 
The elements of the Platform protected by intellectual property rights and the rights of database producers remain the exclusive property of the Company, and are made available to Advertisers solely for the use of the Services offered; in application of the French Intellectual Property Code, any use not expressly authorized of the elements making up the Platform thus protected, by any process whatsoever, constitutes an infringement.
 
The only reproductions that may be authorized by the Company will concern the illustrations it produces (cartoons, character illustrations and animated gifs), and this on the strict condition that no modification is made to these illustrations and that the name “SEO JUNGLE” is systematically mentioned.
 
The Advertiser remains the owner of the intellectual property rights on the elements it transmits to the Publisher for the drafting of the Articles and any Options.
 

Article 11 – Protection of personal data

 
Each Party undertakes to comply with the obligations incumbent upon it with regard to the protection of personal data, in particular in application of Regulation n°2016/679 of April 27, 2016 and Law n°78-17 of January 6, 1978.
 
Within the framework of these regulations, the Advertiser’s personal data required for the proper performance of these CGUV may be processed by the Company and/or the Publisher, and will be kept for the duration necessary for the performance of their contractual relationship.
 
The persons concerned by the processing of personal data have in particular a right of access, rectification, deletion, opposition, limitation, portability, as well as a right to lodge a complaint with a competent supervisory authority; any complaint to the Company in this respect should be addressed to the contact details given at the head of the present document.
 

Article 12 – Confidentiality

 
Each Party expressly undertakes not to disclose any confidential information of the other Party of which it becomes aware within the framework of this contractual relationship, and guarantees compliance with this obligation by its subordinates and partners who may have access to it. . in this context; Information of a public nature is not considered confidential.
 
This confidentiality clause is concluded for a period of 10 years from the end of contractual relations, whatever the cause.
 

Article 13 – Subcontracting

 
The Company has the right to use subcontractors for all of its services.
 

Article 14 – Liability

 

14.1 Company Liability

 
The Advertiser expressly acknowledges that the Company is only bound by an obligation of means as an intermediary between the Publishers and the Advertisers; its liability must therefore be waived in the cases provided for in these General Terms and Conditions in particular.
 
No indirect or immaterial damage can in any case be covered by the Company, and the only compensation that can be paid to the Advertiser will be limited to the amount of the Orders that it will have placed during the 3 months preceding the occurrence of the damage. motor.
 

14.2 Liability of the Advertiser

 
The Advertiser is solely responsible, along with the Publisher, for the published content, and must guarantee and indemnify the Company in the event of a related dispute with a Publisher or any third party.
 

Article 15 – Force majeure

 
In the event of force majeure within the meaning of article 1218 of the Civil Code, preventing a party from performing all or part of its obligations, these would be suspended for the duration of the resulting impossibility.
 
The Party affected by an event constituting a case of force majeure must, as soon as possible, notify it by any means to the other Party and provide it with all relevant supporting documents; it cannot be held liable for any delay and/or inability to perform its obligations under these contractual relations.
 

Article 16 – Modifications to the General Conditions

 
The Company reserves the right to modify these General Terms and Conditions at any time, by informing the Advertiser by any appropriate means 15 days in advance; However, this deadline will not have to be respected in the event of an emergency or if the change is required by legal, regulatory or judicial obligations.
 
Continuing use of the Platform after the date of application of the new General Terms and Conditions implies their full acceptance by the Advertiser; their refusal by the latter must be expressly notified to the Company, which may then delete the Advertiser’s account, without notice or compensation.
 
The cancellation of one of the clauses of these CGUV, whatever the reason, cannot in any way call into question the validity of their other provisions.
 

Article 17 – Applicable law and competent jurisdiction

 
These General Terms and Conditions and the contractual relations between the Parties are subject to French law.
 
The Parties will endeavor to settle amicably any dispute arising from the application of these General Terms and Conditions; in the absence of agreement, it will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Company’s head office, notwithstanding multiple parties or warranty claims, even for emergency procedures or interim protective procedures or by request.

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