CONDITIONS OF USE

The services presented are provided by the company L'Agence 39, registered under the following SIREN number: 888029410, whose head office is located at 191 Rue de Verdun, 92150 Suresnes.

Agence 39 offers a clientele of professionals internet and strategic solutions, including dedicated services (non-exhaustive list):

to the distribution of websites,
website hosting,
online reservation, transfer and renewal of domain name(s),
to various digital strategy services (referencing, e-mailing, Google Adwords, video creation, social networks),
as well as organizational strategy consulting.

PLAN

Definitions
Object of the general conditions and object of the mission
Acceptance of terms and conditions
Quote and order
Achievement of the mission
Information exchanges
Duration
Financial conditions of services
Content of the Site
Intellectual property
Use of data – Confidentiality
Customer's obligation
Customer independence
Liability – Warranty
Termination of service
Connections
Disputes
Compensation
Various
Tolerance
Complaints
Special Clauses

ARTICLE 1: DEFINITIONS

Is called "our company" or "L'Agence 39" the company L'Agence 39 designated above, acting under the domain name L'Agence 39
Is called "customer", the natural or legal person who subscribes to our quote.
Is called "user", the client of the client.
Is called "website", a set of pages accessible on the internet from a domain name.
Is called "Site", the website of L'Agence 39.
Is called “Content”, all the elements composing this Site.
Is called "referencing", a set of solutions to create visibility on search engines.
Is called "server", the computer connected to the Internet offering various services such as file storage, e-mail transfer, website hosting.
Is called "software", the set of programs, processes and rules relating to the operation of a data processing unit. The software is the program identified by a source code, independently of any material support.
Is called "domain name", the Internet address allowing access to a website and to route e-mail to e-mail boxes.
A “registry” or “registrar” is the legal entity that manages the main domain name database for a specific top-level domain (TLD).
Is called "manager", the client's personal administration interface.

ARTICLE 2: PURPOSE OF THE GENERAL CONDITIONS OF SALE AND PURPOSE OF THE MISSION

2.1 PURPOSE OF THE GENERAL CONDITIONS OF SALE

The purpose of these general conditions of sale is to define the rights and obligations of the agency L'Agence 39 and of its customers. Only the special conditions set out, if applicable, on the front, these general conditions of sale and the commercial code regulate the conditions of sale of the services provided by the agency L'Agence 39. Also, these general conditions of sale prevail over any contrary clauses and conditions that may appear in the general conditions of purchase or any other document issued by the customer or a third party.

Any contrary condition set by the client will therefore, in the absence of express acceptance, be unenforceable against the agency L'Agence 39 regardless of when it may have been brought to its attention.

We reserve the right to modify these general conditions at any time and without notice. We therefore invite you to regularly consult this page to stay informed of the new general conditions.

2.1 PURPOSE OF THE ASSIGNMENT

Our company can advise the client on all aspects related to its policy of organization, communication, advertising and marketing. Several types of assignments can be entrusted to our company: strategy advice, creative work and/or production work. Depending on the mission, the agency L'Agence 39 can act incidentally as the client's agent in terms of domain name purchases or for the provision of services relating to advertising communication...
In execution of the mission entrusted to it, our company produces advertising creations and may call on third parties for the realization
specific contributions such as photography, illustration, film... and will proceed to the acquisition of the property rights
intellectual property such as copyrights, image rights, etc. specifically attached to these contributions, with each of the interested parties. In return for its mission, our company receives remuneration which is based on the predefined estimate.

ARTICLE 3: ACCEPTANCE OF THE GENERAL CONDITIONS

By accepting these general conditions when ordering, the customer has ensured beforehand that the service or services to which he subscribes are likely to meet his needs.

In addition, the customer understands the rules related to the use of the Internet network:

Knows the mode of operation of the Internet network, its characteristics and its limits.
Knows and is aware that data transmissions on the Internet network only benefit from relative technical reliability, these circulating on heterogeneous networks with various characteristics and technical capacities.
Knows and is aware that the networks used are sometimes saturated at certain times of the day.
Knows and is aware that the data circulating on the Internet network are not protected against possible misappropriation and that thus the communication of passwords, confidential codes and, more generally, of confidential or sensitive information which he could take the initiative is carried out at its own risk.
Is familiar with the codes of conduct, practices and rules of behavior accepted on the Internet.

ARTICLE 4: QUOTATION AND ORDER

The service to be performed includes everything that is explicitly listed on the estimate. The estimate is established from the elements and information provided by the customer. The work and technical costs are assessed according to the mission to be carried out and the constraints associated with it.

The prices mentioned on the estimate are in euros and exclusive of tax. Are not included in the price as fixed in the quote all extraordinary costs incurred by our company during the mission not initially planned and necessary for the successful completion of the project (travel within a radius exceeding 15 km from Suresnes, purchases of specific software, etc.) as well as the cost of any additional and/or unforeseen service requested by the client during the mission. These costs will be invoiced to the customer, in addition. Any modification during the execution of the mission may result in a price increase. Any service not included in the initial quote will be subject to a free additional quote.

The customer's acceptance is evidenced by the signature of the estimate. From the moment the customer validates his order by signing the quote, he is considered to have accepted knowingly and without price reservation, the mission entrusted to the agency L'Agence 39.

ARTICLE 5: PERFORMANCE OF THE MISSION

5.1: CONDITIONS FOR PERFORMING THE MISSION

The agency Agence 39 will carry out its mission in strict compliance with the estimate accepted by the client, the rules of the art with all the competence and professionalism required in its sector of activity. It will implement the appropriate and necessary human and technical resources, formulate all remarks, comments and/or suggestions to improve the effectiveness of its mission. Agence 39 remains the sole judge of the various means that it is responsible for implementing to carry out its mission. The client undertakes to provide our company, without exception, with all the documents and information necessary for the accomplishment of the mission.

The agency L'Agence 39 will only begin its mission once the following conditions have been met:

Payment of a deposit of 50% on all the work to be undertaken upon acceptance of the estimate, this deposit being definitively acquired for the agency L'Agence 39.
Have all the documents and information necessary for the exercise of its mission.

The agency Agence 39 reserves the right to work with independent service providers and subcontractors that it considers and more generally to associate itself with all third parties to carry out its mission while retaining management and responsibility for its execution. If the customer wishes to entrust the creation and/or the edition to another service provider of his choice, our company declines all liability resulting from the choice of service providers who are foreign to it, the customer being solely responsible for his choice of service providers.

Depending on the type of mission, a final model of the project published by the agency L'Agence 39 materializing the creative elements can be presented to the client, before its production or distribution. It must be validated by the client by any written means (letter, fax, e-mail, etc.), more commonly known as "ready to print". In the event that the client refuses to approve the model or the project presented, our company may accept the customer's request or formulate a new proposal with a deadline and a price. In the absence of an agreement, the parties will have to decide whether or not to continue their collaboration and the terms of payment of the agency L' Agence 39 taking into account the work carried out.

Any request for author's correction sent to the agency L'Agence 39 by the client engages the full responsibility of the latter. If during the mission, corrections desired by the client should lead to significant modifications and therefore result in a major reworking of the initial project validated by the client, the agency L'Agence 39 reserves the right to invoice any service contracted at this stage and to revise the estimate initially accepted by the customer.

In the same way, in this case where the client decides to modify, reject, cancel or interrupt a work in progress, the remuneration initially agreed in the estimate accepted by the client will remain entirely due to the agency L' Agency 39.

In the same way, in this case where the client decides to cancel or interrupt a work in progress, the remuneration initially agreed in the estimate accepted by the client will remain entirely due to the agency L'Agence 39.

5.2: OBLIGATION OF MEANS

Agence 39 undertakes to mobilize all the resources at its disposal to accomplish the promised service, without guarantee of the result.

ARTICLE 6: EXCHANGE OF INFORMATION

Although L'Agence 39 makes every effort to provide accurate and up-to-date information, we cannot make any guarantees as to the accuracy, completeness, reliability, topicality or freedom from errors of the information presented on this Site, nor guarantee that the latter is virus-free. We also decline all responsibility for errors or omissions detected on the Site. We undertake, without any obligation, to modify the Content, to improve the Site and to correct any errors or omissions, at any time and without notice. We will do our best to update the information in a timely manner without, however, being responsible for any inaccuracies. You acknowledge that the use of the information provided on this Site is at your own risk and that Agence 39 cannot be held responsible for any loss of data, loss of earnings or other damage or loss suffered as a result of the use of this Site.

ARTICLE 7: DURATION

7.1: DURATION OF THE SERVICES INCLUDED IN THE QUOTATION

The duration of the services to be performed is indicated in the estimate, subject to acceptance by the customer. As specified above, our company can only begin its mission upon receipt of all the documents and information necessary for the exercise of its mission. Any delay due to the fact of the customer, in particular following a lack of collaboration, late transmission of documents, delivery of incomplete or erroneous documents, will make our company benefit from a postponement of delivery time at least equal to the duration of this delay.

7.2: DURATION OF SERVICES RELATING TO DOMAIN NAMES AND HOSTING

When accepting the quote, the customer chooses, under his sole responsibility, the duration of the services with our company.

This period runs from the signing of the quote. It is not renewed by tacit agreement.

ARTICLE 8: FINANCIAL CONDITIONS OF THE SERVICES

8.1: PRICES

The price of the services offered is indicated on the estimate provided by our company to the customer, after studying the needs of the latter.

This price is exclusive of tax and is payable in euros.

Our company's prices are subject to change at any time. The applicable prices are those in force on the day of the order.

8.2: PAYMENT

Payments are made, at the customer's choice, by bank transfer, check or credit card (Visa, MasterCard or other credit cards).

8.3 PAYMENT TERMS

Payment for the mission must be made up to 50% of the total amount of the order upon acceptance of the quote, and up to 50% upon delivery of the product/service.

Upon receipt of payment, a confirmation e-mail accompanied by the invoice is sent to the customer. He can access all of his invoices from his manager.

The entire production, object of this order, remains the entire and exclusive property of the agency L'Agence 39 as long as the final invoice issued by the agency L'Agence 39 is not paid in full by the customer. . As a corollary, the customer will become the de facto owner of the production from the payment of the final invoice.

8.4: LATE PAYMENT

In the event of late payment, orders in progress may be suspended. Any amount not paid on the due date appearing on the invoice entails the automatic payment of default interest calculated from the day following the due date on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 points, as well as a fixed indemnity for recovery costs of 40 Euros, without prejudice to any additional indemnity.

ARTICLE 9: SITE CONTENT

The Content including images, details, data, illustrations, drawings, icons, photographs, video sequences, texts, software, graphics, scripts, logos and others, constitutes the exclusive property (directly or indirectly) of L'Agence 39 and/or or its content providers. The content is protected by copyright, trademarks, service marks, trade dress and other property rights, intellectual or otherwise, of which Agence 39 is the holder. All rights not expressly granted in the terms of use are considered to be reserved rights for L'Agence 39.

The L'Agence 39 marks, logos and designs that appear on any of the L'Agence 39 websites are the proprietary trademarks and service marks (directly or indirectly) of our company. No license or right relating to trademarks, logos and designs and other exclusive rights of L'Agence 39 is granted or conferred to you.

All other trademarks and service marks mentioned on one of our company's websites that the said Agence 39 does not own belong to their respective owners.

ARTICLE 10: INTELLECTUAL PROPERTY

The agency L'Agence 39 then indicates to the client the limits of use of any rights of third parties on the selected creations. In the event of legal action or claims by a third party, the customer agrees to make the changes in order to remove the contentious elements and to replace them with entirely original elements or for which our company holds rights. For his part, the customer must be the holder of all the rights to use the works or intellectual property rights brought to our company for their reproduction. The same goes for all the distinctive signs and graphic charter (drawings, brands, photographs, etc.) that could be affixed to any communication medium whose manufacture would be entrusted to the agency L'Agence 39.

ARTICLE 11: USE OF DATA – CONFIDENTIALITY

11.1 CONFIDENTIALITY

The Agence 39 agency and the client undertake to keep confidential the information and documents concerning the other party of any nature whatsoever (economic, technical, etc.) to which they may have had access in the context of their relations. contractual.

11.2 CONSERVATION OF DATABASE AND SOURCES

The agency L'Agence 39 will keep the database and sources of all the work and achievements carried out on behalf of the client without limitation.

11.3 REFERENCES – PROMOTION OF CREATIONS

The agency L'Agence 39 may mention the name of the client in its commercial references and affix its signature to the said work, unless the client advises otherwise in writing by letter RAR. Unless otherwise provided in writing, our company through its legal and commercial representations may distribute its creations made on behalf of the client for promotional purposes of "presentation of creations" on all types of media without time limit as part of its efforts to commercial prospecting, external communication and advertising.

11.4 ARCHIVING THE CONTRACT

The data relating to the contract concluded between the customer and our company are kept in the archives of our company. They are accessible on request of the customer by e-mail sent to the following address: contact@neolinemarketing.com

11.5 COMPUTER AND FREEDOM

The customer acknowledges having been informed that in accordance with the provisions of law n ° 78-17 of January 6, 1978, known as the "data-processing law and freedoms", the information collected by our company during the order is necessary for the execution of its mission. .

They are intended for our company and its partners, which the customer expressly declares to recognize and accept.

The customer has the right to access, rectify and delete personal information concerning him.

If he wishes to exercise this right and obtain information concerning him, he can contact the competent department at the following address: L'Agence 39 "Personal data" 191 rue de Verdun 92150 Suresnes

ARTICLE 12: CUSTOMER OBLIGATION

In addition to the obligations specific to each service offered by our company, the customer undertakes not to infringe the French or international regulations in force in the context of the use of the services subscribed to by our company.

As such, the customer undertakes in particular not to use or communicate files, data or information of an illicit nature, not respecting the rights of third parties, and which would not respect the provisions of the Data Protection Act of 6 January 1978 and/or the prescriptions of the CNIL.

The customer also undertakes to inform our company of any modification relating to the data useful for the management of the services provided to him by the latter. For this, the customer has different means such as access to his manager, e-mail or even postal mail. The customer is solely responsible for any malfunctions that may result from a failure to update.

The customer also undertakes to regularly consult the e-mail address used as the identifier (modifiable at any time from his manager) so that our company can communicate to him all important information.

ARTICLE 13: CLIENT INDEPENDENCE

13.1: EXCLUSION OF THE PROVISIONS RELATING TO THE MANDATE

The client acknowledges that it is acting as an independent company

Consequently, all acts performed by the customer in execution of these general conditions are in his own name, for his own account and at his exclusive expense. He is in no way authorized to act as an agent of our company, nor to enter into any commitments on behalf of the latter.

13.2: RISKS OF EXPLOITATION

The customer alone bears the risks of its operation, so that the responsibility of our company cannot in any way be sought because of it, for any reason whatsoever, and in particular in the event of non-compliance with the rules and standards applicable to the marketing of digital solutions provided by our company to the client.

The client acknowledges in this respect that it is his responsibility to insure himself against all risks related to his professional civil liability in the context of the marketing of the services provided to him by our company.

13.3: RELATIONSHIP WITH THE USER

The customer acts in his name and on his behalf with the user.

The customer will take care not to do anything that could lead to the questioning or the direct or indirect responsibility of our company with regard to the user.

The client also undertakes to advise, inform and assist the user so that the latter benefits under the best conditions from the services provided by our company. As such, it is his responsibility in particular to describe the details and characteristics of the offer(s) subscribed to by the user so that the latter is fully informed.

13.4: PRICES OF SERVICES INVOICED TO USERS

The customer freely sets the price of the services distributed, in compliance with the laws and regulations applicable to competition, the prices indicated by our company constituting only recommended prices.

ARTICLE 10: INTELLECTUAL PROPERTY

ARTICLE 11: USE OF DATA – CONFIDENTIALITY

11.1 CONFIDENTIALITY

11.2 CONSERVATION OF DATABASE AND SOURCES

The agency L'Agence 39 will keep the database and sources of all the work and achievements carried out on behalf of the client without limitation.

11.3 REFERENCES – PROMOTION OF CREATIONS

11.4 ARCHIVING THE CONTRACT

11.5 COMPUTER AND FREEDOM

They are intended for our company and its partners, which the customer expressly declares to recognize and accept.

The customer has the right to access, rectify and delete personal information concerning him.

ARTICLE 12: CUSTOMER OBLIGATION

ARTICLE 13: CLIENT INDEPENDENCE

13.1: EXCLUSION OF THE PROVISIONS RELATING TO THE MANDATE

The client acknowledges that it is acting as an independent company

13.2: RISKS OF EXPLOITATION

13.3: RELATIONSHIP WITH THE USER

The customer acts in his name and on his behalf with the user.

The customer will take care not to do anything that could lead to the questioning or the direct or indirect responsibility of our company with regard to the user.

13.4: PRICES OF SERVICES INVOICED TO USERS

ARTICLE 14: LIABILITY – GUARANTEE

14.1: Each of the parties insures its civil liability according to the rules of common law. The agency L'Agence 39 has also taken out insurance guaranteeing its professional and contractual liability. Given the nature of the services entrusted to it, the agency L'Agence 39 is only bound by an obligation of means. Under no circumstances can our company be held responsible for any modifications and/or corrections made, by the client or by any third party designated by him, to the project initially proposed by the agency L'Agence 39.

The logos, communication campaign, website… delivered by the agency L'Agence 39 are original creations. Our company pays all its attention to ensuring that they are. However, given the multitude of existing brands and the recurrence of certain themes or symbols, it is possible that sometimes a logo has certain similarities with another logo. It could only be a coincidence and the agency L'Agence 39 declines all responsibility on this point. The client acknowledges and assumes full and entire responsibility for the choices made in terms of textual and iconographic content appearing in the work delivered by the agency L'Agence 39. All the images used before, during and after the creations are under the complete responsibility of the client and in no way commits the agency L'Agence 39. The client will ensure that the use of the images that he will provide to our company as well as the images used by the agency L'Agence 39 respect the right to the image, good morals as well as the legal successors of the said images.

14.2: The customer acknowledges that our company is bound by an obligation of means in the context of the execution of the services it offers on the site www.lagence39.fr

Consequently, the responsibility of the latter can only be engaged in the event of demonstration of an actual fault on its part having caused damage to the customer.

With regard in particular to services related to the registration and renewal of domain name(s), the customer acknowledges having been informed that our company acts as a technical intermediary. Given the specific rules governing the registration of domain names, our company cannot therefore offer any guarantee of allocation of the domain name chosen by the customer. Our company cannot therefore be held liable if it is impossible to assign the chosen domain name.

In addition, our company cannot be held liable in the following cases:

Difficulties in using or unavailability of the service linked to a malfunction or saturation of the Internet network
Virus contamination of customer data, the protection of which is the responsibility of the latter
Intrusions and/or malicious interventions by third parties despite the reasonable security measures put in place
Possible misappropriation of data transmitted to the customer by e-mail
Malfunction or unavailability resulting from a case of force majeure
Malfunctions affecting the services provided by telecommunications operators or registration offices, including in the event of hacking or fraudulent access to their database
Modification of the rules imposed by the registration offices, including when renewing the domain name

Due to the characteristics and limits of the Internet network that the customer declares to be fully aware of, the latter also acknowledges that it is impossible to guarantee that the data transmitted via the Internet will be completely secure. Therefore, data transfers remain at the risk and peril of the customer, who acknowledges and accepts it.

In any case, the responsibility of our company, in any capacity whatsoever, is expressly subordinated to full compliance with the customer's obligations. Thus the responsibility of our company cannot be sought when the customer has, even partially, failed in any of their obligations. In this case, our company also reserves the right to suspend all the services provided at the end of a period of forty-eight (48) hours following any written notification sent to the customer, including by e-mail, and left unanswered by the latter. The customer acknowledges and accepts that this suspension cannot give rise to any compensation whatsoever. In addition, the latter will have to bear all the consequences resulting from this suspension with regard to the user.

If the responsibility of our company was retained with regard to the customer under a service provided by our company, it is expressly agreed that the obligation with repair of the latter could not exceed the amount of the annual price paid by the customer in return for this service.

ARTICLE 15: TERMINATION OF SERVICE

Whatever the service subscribed to with our company, any non-respect by one or other of the parties of the obligations imposed on it by these conditions is cause for termination for its co-contracting party.

In this case, the service will be terminated at the end of a period of one (1) month following a written formal notice (including by e-mail) that has remained unsuccessful. In the event of termination at the fault of a customer, our company will retain, as compensation, all sums paid in advance by the latter, without prejudice to any additional damages.

In addition, the service subscribed to with our company ends in the event of non-renewal of the subscription at the end of the one (1) year period referred to in Article 6.

With regard more particularly to the service dedicated to domain names, this may end in the event of refusal of validation by the registry of the domain name chosen by the customer or in the event of a transfer request to another service provider. It is specified in this regard that:

Domain name transfer requests do not give rise to any refund of the price paid in advance by the customer when ordering, which the latter expressly acknowledges and accepts.
Insofar as each extension manager registry imposes its own operating rules, it is up to the customer to check beforehand the specific conditions related to the transfer of the domain name(s).

The customer also acknowledges that in the event of termination of the services provided by our company for one of the causes referred to above other than the request for transfer or the refusal of validation of the domain name:

All his data will be permanently deleted from his manager, as well as from the shared server on which his client's website was hosted.
The domain name, if processed by our company, will automatically fall into the public domain and all data will be permanently deleted from the registry.

It will therefore be up to the customer to take all measures to recover the data, save them and/or organize the protection of the domain name(s) before the effective date of cessation of the services provided by our company.

By way of derogation from the foregoing, the services will be terminated automatically in the event that the customer provides false, inaccurate, usurped data relating to his identity and/or contact details.

In this case, our company reserves the right to immediately remove the services provided and block access to the customer's account. The customer acknowledges that he cannot claim any compensation as a result of this termination.

With regard more particularly to the service dedicated to hosting, if during the contractual period, our company notices that the volume of monthly traffic by the user has been exceeded, provided for within the framework of the offer subscribed to by the customer, it will take contact with the customer to inform him and seek a solution.

If the customer wishes to increase the volume of monthly traffic, he will have to pay a flat-rate supplement payable immediately.

In the absence of an agreement with the customer to find a solution within seventy-two (72) working hours following the moment at which the latter will have been informed of the exceeding of the volume of monthly traffic by the user, our company then reserves the right to suspend access to the server hosting the user's website until the next reset of the counter occurring on the date of the following month identical to the day of the anniversary date of the activation of the order.

ARTICLE 16: LINKS

Our company disclaims any responsibility for the content of sites published by third parties that the customer may be required to consult from the links on the site www. lagence39.fr, as well as the information and services disseminated by these links.

Consequently, it is up to the customer to take all useful precautions and protective measures when using these links, in particular against a possible virus attack.

ARTICLE 17: DISPUTES

All relations between our company and the customer are governed by French law, to the exclusion of any other legislation.

Any disputes or difficulties as well as, more generally, any disputes with a customer who has contracted as a merchant and relating to the interpretation or execution of these general conditions will be the exclusive jurisdiction of the Commercial Court of Angers ( 49).

ARTICLE 18: COMPENSATION

You agree to indemnify L'Agence 39 and to release it from any form of liability in the context of an action, action, claim, loss or damage (including legal costs and attorneys' fees) of third parties relating to any dispute arising out of your breach of these Terms and Conditions or any third party rights or your use of the Site.

ARTICLE 19: MISCELLANEOUS

The parties expressly agree that:

The presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message.
An electronic document containing an identification code is equivalent to a writing signed by the issuing person,
The parties may avail themselves of the printing on paper of an electronic message from an electronic messaging software to prove the content of the exchanges they have regarding the execution of these general conditions,
The data recorded by our company during registrations and orders constitutes proof of all transactions concluded with its customers.

The fact that any of these conditions is not invoked at a given time cannot be interpreted as a waiver to enforce them.

In the event that any of these conditions is declared null or contrary to a provision of public order, it will be deemed unwritten and the other stipulations will remain in force.

ARTICLE 20: TOLERANCE

The fact for one of the parties not to invoke against his partner the violation of one of the contractual obligations cannot be interpreted as a waiver to invoke it subsequently to benefit from it later.

ARTICLE 21: COMPLAINTS

All requests for information and/or complaints can be submitted to our company:

By post addressed to the head office: 191 rue de Verdun 92150.
By e-mail addressed to the following address: hello@lagence39.fr for commercial and technical questions.
By phone at 0160025233 Monday to Friday from 9 a.m. to 6 p.m.)