General Terms and Conditions of Sale :
Advertising Services presented in these general terms and conditions are provided by the company’s Master Of The Web (MOTW), EURL with a capital of 5000 Euros, licensed at the Trade and Companies Register of Bordeaux under number 721 736 454 BORDEAUX, headquarted at 26 Avenue Gustave Eiffel - 33695 MERIGNAC.
Any order from a customer :
- directly on the site www.master-of-the-web.com
- by submission of a purchase order signed to the postal address above or email address: admin [@] master - of - the - web . com
implies acceptance of the conditions herein that apply to any other general or special conditions that have not been expressly accepted by our company.
Article 1 - Definitions
All references to "our company" or "MOTW", is the Master of the Web company named above.
All references to "customer" or “advertiser“, is the natural or legal person that orders online.
All references to "Premium Display », make reference to the positioning of the customer's product on lists of results above the products for which no bid "Premium Display » was purchased.
All references to "Favorite Display”, makes reference to the rotational positioning of the customer’s ad on the pages corresponding to the geographical location of the customer's product (continent, country and possibly the region of the product) and on the Homepage, also on rotational carousels. The ad is written by the advertiser and the positioning defined by the manager of the portal chosen by the advertiser.
All reference to "Booking Button”, means the insertion, on the page of the customer's product, of the reservation link the customer would have previously entered in the interface that is available to them.
All reference to "Tender receipt", makes reference to the possibility for the customer to receive the tenders in full that would have been transmitted by professional users (eg works councils, training services, etc.) via one of the sites of the MOTW network. The content of the tenders for which the customer has been selected as the recipient by professional users of the portal will be sent to the customer via the messaging box of the website concerned. An alert will also be sent to the email address provided for this purpose and entered by the customer in the interface made available to them. However, if MOTW can guarantee sending the alert, MOTW cannot guarantee the reception of this message by the customer due to technical problems that may occur between the issuance of the email by MOTW and the reception by the customer, that are not the responsibility of MOTW (eg: Problems with Internet Service Providers, antivirus or antispam systems, etc...)
All reference to "Privilege Inset“, ”Banner", ”Vignette", ”Ad“, refers to the rotational carousels positioning of the customer’s ad on the pages corresponding to the order.
All reference to “CPT” or "CPM", refers to the the Cost Per Thousand impressions: the price to pay for each thousand MOTW PIA.
All reference to “PIA” denotes the number of pages with advertising on them: the number of web pages broadcasted on a User account and on which advertisements are displayed. (en supposant que PAP = Pages avec publicités, j’ai traduis par Page Including Advertising)
All reference to “CPC”, refers to the cost per click: in a pay-per-click system, the advertiser pays only when the user clicks on their ad.
All reference to the “Product “, refers to the webpage of the portal managed by the customer and targeted by the advertising service.
All reference to the “Advertising Service” , refers to the the entire communication capabilities provided to the client on one of the MOTW network sites.
For all the above advertising services indicating a rotation, it is specified that this rotation is calculated individually for each tender, according to the places provided for advertising display services mentioned and the number of advertisers corresponding to said advertising service. The number of places provided for each of the advertising services mentioned and the number of advertisers are evolving and changing.
MOTW will forward on to the portal chosen by the advertiser the information the customer would have communicated. MOTW declines any responsibility for errors caused by confusing instructions, poorly written or communicated by telephone.
Article 2 / Application of the general conditions of sale
These General Terms and Conditions of Sale (GTCS) govern the contractual relationship between Master Of The Web (MOTW) and its Clients. Consequently, the mere fact of placing order implies full and unconditional acceptance to these Terms.
Other than in case of prior explicit and written agreement, by MOTW, these Terms will apply to all other documents issued by MOTW or the client. Orders signed by the customer or placed directly on the www.master-of-the-web.com website are worth binding commitment of the Client; on MOTW’s part, they are final after the successful completion of audits, material and legal capacity of the Client, unless otherwise notified by MOTW which is, however, in no way obliged to accept a request for cancellation made by the Client.
The benefit of the order is strictly personal and cannot be transferred in any way, except with the prior written consent of MOTW.
For any modification or change to the order, the customer must contact MOTW who remain the only one qualified to do so.
Finally MOTW reserves the right to modify these General Terms and Conditions of Sale at any time. These changes become effective on the date of publication on the website ww.master-of-the-web.com and are visible from the url: http://www.master-of-the-web.com/regie/fr/cgu.html
The customer acknowledges having read the details of the advertising services provided prior to any order, so they are fully informed of the characteristics and constraints of those to which they choose to subscribe.
By accepting these terms and conditions when ordering, the customer recognises that:
- they know the mode of operation of the network, its characteristics and its limits;
- they made sure that the advertising services to which they subscribe are likely to meet their needs;
- they know and are aware that the transmission of data on the Internet may not be absolutely secure;
- they know and are aware that the MOTW company does not control and is not responsible for possible network saturation at certain peak periods, as well as potential malfunctions specific to the networks;
- they know and are aware that the data circulating on the Internet are not protected against possible misuse and thus, they choose to communicate the passwords, PINs, and more generally, confidential or sensitive information at their own risk;
- they know the codes of conduct, practices and rules of conduct allowed on the Internet.
Article 3 / Service Purpose
These General Terms and Conditions of Sale are intended to define the terms under which the client receives the services of highlight of its products in one or more network sites through MOTW the following advertising services :
Article 4 / Controls
Any order to our company involves the creation of a customer account on one of the Web Master’s network sites. Upon creating this account, the customer chooses a password that is personal and confidential. If they do not create the account themselves, the customer authorises MOTW to create an account on his behalf on the site www.master-of-the-web.com, upon receipt of the order and of these general conditions of sale signed, so that the customer can :
- track and manage their campaign
- access and modify the data concerning them,
- check their invoices online.
MOTW commits itself to communicate login information to the customer upon the creation of the account. The customer is solely and entirely responsible for the use and conservation of their password. They therefore commit themselves to take all measures to ensure complete safety and confidentiality and not to disclose it to third parties. The customer subscribes to Premium Display and/or Favourite Display and/or Booking Button and/or Tender Receipt and/or Privilege Inset and/or a Banner and/or Vignette and/or an Ad as defined on the order form.
Article 5 / Duration
When the customer subscribes for a specified period, he chooses, of their sole responsibility, the start date of its subscription to our company. The subscription is for an initial term of one year, renewable by tacit agreement for year-long periods unless terminated by letter with a notice period of one month before the onset of his term. At the end of the period the customer will pay the bill. MOTW commits itself to contact the customer by post or email to inform them of the renewal of the contract. Rates may change from one year to the next without notice. The subscription will only be effective after full payment and acceptance of payment by the customer's bank. If paid by check or transfer, the start date chosen by the customer may be postponed if earlier than the effective date of receipt of payment. If the customer has subscribed for a specified period, the end date of the subscription will be delayed accordingly.
Article 6 / Provision of service
MOTW undertakes to do all in its power to provide a continuous service, but without said service being guaranteed, due to the characteristics of the Internet. MOTW undertakes to do all in their power to restore the online service in case of interruption in the shortest possible time. MOTW does not pay any compensation for interruption of service or any other failure. The service may be suspended in cases of non-compliance by the Customer of any obligation herein.
Article 7 / Customer Obligations
The Customer certifies that the information he has transmitted or will transmit to MOTW is accurate and provided in good faith. They bear sole responsibility for and guarantee MOTW against any action on the basis of any such information. They also bear the responsibility for modifications made by them since their modification url. The Customer warrants the signing of These General Terms and Conditions of Sale, and has sufficient resolution capabilities to provide coverage of all MOTW’s debt.
Article 8 / Price
Services are provided at prevailing prices at the time of taking the order. All prices are exclusive of VAT and will therefore be increased at the applicable rate of any taxes prevailing to date, according to the applicable regulations. The prices of the services are payable in euros. These prices are subject to change at any time. In case of renewal, rates of the ordered advertising services are subject to change. The reference rate applicable is that which applied at billing date.
Article 9 / Payment - Billing
The payment by the customer is made to order by cheque, bank transfer or by credit card (Visa, Master Card and other credit cards), it being specified that a secure payment system was implemented on the www. master-of-the-web.com site.
1 / If the client does not place the order directly through the www.master-of-the-web.com site, he must return signed copy of these terms of sale by mail to admin [@] master - of - the - web . com or by post at the address indicated on the order form. Upon receipt of payment and after acceptance of payment by the customer's bank, the customer receives a confirmation email with a link that refers to an HTML invoice which they can save and print.
2 / If the customer places the order directly through the site www.master- of-the-web.com
- In case of payment by cheque or bank transfer, the customer receives a confirmation email with a link that refers to an HTML invoice which they can save and print. Upon receipt of payment and after acceptance of payment by the customer's bank, the customer receives an order confirmation email with a link that refers to an html invoice they can save and print.
- In case of payment by credit card via the www.master-of-the-web.com site, the customer receives an order confirmation via email with a link that refers to an HTMLinvoice which they can save and print.
For any order to our company involving the creation of a customer account on one of the Master of the Web sites of the network, the customer can access all of his or her bills by logging onto the site www.master-of-the-web.com and clicking on the tab "my bills".
Article 10 / Order Processing
Orders are processed only after :
- communication by the customer of all the information necessary for such processing,
- acceptance of the conditions herein,
- Full payment of the invoice.
Only orders which settlement has been agreed are considered firm. Accordingly, an order can only be confirmed after full payment and acceptance of payment by the customer's bank. If the order is unpaid or contains inaccurate or incomplete information, our company reserves the right to cancel it, without notice or compensation in any capacity whatsoever.
Article 11 / Withdrawal
Once the payment has been made, the customer, if they are a consumer, expressly accepts that the execution of the service object of These Terms begins before the expiration of seven days provided for in Article L. 121-20 of the French Code of the Consumption. Therefore, the right of withdrawal provided by this text cannot be exercised, the client recognizes and accepts, in accordance with Article L. 121-20-2 of said Code.
Article 12 / Termination of subscription
MOTW reserves the right not to renew this contract at a anniversary date especially in case of transfer of the business portal chosen by the advertiser, the end of the advertising service, this list should not be considered exhaustive.
Article 13 / Right of access
As part of the marketing of advertising services aforementioned, MOTW is brought to collect personal data on the client. These data may be used under computer file of customer or partner. The Customer hereby gives their express consent for the use of these data by MOTW. The customer benefits from a right to access, correct and delete personal information concerning them. If he wishes to exercise this right and obtain information about him, he may apply to MOTW 26 Avenue Gustave Eiffel - 33695 MERIGNAC or email: Contact [@] master - of - the - web . com
MOTW undertakes to secure their services in order to prevent any fraudulent use of customer data and take all the provisions of the Data Protection Act.
Article 14 / intellectual and material property
Customer is solely responsible for the content of the section concerning and therefore states having the intellectual and industrial property rights and, where appropriate, the image rights of the person, copyrights and/or related rights on the elements transmitted or changes he made, only his case by his access code.
Article 15 / Liability
MOTW can in no way be held responsible for any copying, counterfeiting, imitation and more generally, reproduction of all or part of any hacking of the Customer’s data.
Any errors or omissions in the posting or publication of delay can result in termination of all of this commitment. MOTW dismisses any liability in case of refusal or bad investments in the portal, and for any problem related to Internet access and service interruptions due to technical problems or updates to the portal server software. MOTW disclaims all liability consumer comments regarding the customer’s establishment.
Article 16 / Applicable law and settlement of disputes
These Terms are governed by French law. Any dispute arising on the occasion of the interpretation or execution of this contract will be submitted, if the customer has the role of Trader at the Commercial Court of Bordeaux, and for non-merchant Clients at the competent court specific in this case.