These Terms and Conditions of Sale are current as of October 20, 2020.

Between: Hereinafter WeRankBox

The company WeRankBox, represented by Florent PEREZ, 180 lotissement du stade, 42140 GRAMMOND, (SIRET 52097608500016).

Et : Ci-après le Client

Together referred to as “the Parties” and separately as “a Party”

WeRankBox’s activity is the realization of positioning services accessible from the website www.werankbox.com (hereinafter the Site).

ARTICLE 1 – General provisions

1.1 The term “Customer” refers to any person, legal or physical, having subscribed to one of the proposed services and having the quality of a professional within the meaning of the Consumer Code.

1.2 The term “Third Party” means any natural or legal person who is not a party to these General Terms and Conditions of Sale (GTCS).

1.3 These GTC govern the contractual relationship between the Parties. The GTC apply to professionals only, excluding consumers. As such, the Customer acknowledges having the quality of a professional, in accordance with the provisions of the applicable Consumer Code. The Customer acknowledges having the authority to bind the company.

1.4 These GTC supersede any previous document, any other written or verbal agreement related to the same subject matter, and prevail over any contrary provision that may be contained in documents issued by the Customer.

1.5 If any provision of these GTC or its application to any person or circumstance is held invalid, such invalidity shall not affect the remaining provisions or applications of these GTC, which shall remain in full force and effect, separate from the provision held invalid. To this end, the provisions of these GTC are hereby declared to stand alone.

1.6 The T&Cs are written in the French language. An English language translation may be provided for information purposes. In case of contradiction, only the French version will be binding between the Parties.

ARTICLE 2 – Technical Means – Characteristics of the Service

2.1 Prior to any use of the Site and the service, the Customer must ensure that he/she has the technical and computer means to use the Site and to order the services on the Site and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good working order and does not contain any viruses.

2.2 The service is accessible online. It provides access to the features detailed when subscribing to the service.

ARTICLE 3 – Purpose

3.1 The purpose of these T&Cs is to determine the conditions under which WeRankBox grants to the Customer, who accepts it, the non-transferable, non-exclusive and personal right to use the service, the characteristics of which are specified in the preceding article.

3.2 WeRankBox expressly reserves, without compensation, the right to modify, for the purpose of improvement, without prior notice and at any time all or part of the Service or its terms of access and, if applicable, the presentation and/or content of the features.

3.3 The T&Cs are systematically sent or given to each Customer before subscription to the service. Accordingly, the fact of checking the acceptance box of the T&Cs prior to payment implies the Customer’s full and unreserved adherence to these T&Cs, to the exclusion of any other documents in his possession such as catalogs or advertising brochures issued by WeRankBox, which will only have an indicative and non-contractual value.

ARTICLE 4 – Access to Service

4.1 The Customer accesses the online service via the Internet, through the Site, using a user ID and password that are provided to the Customer upon creation of the account.

4.2 The Customer will thus have access to the service in SaaS mode 24 hours a day, 7 days a week except in case of maintenance operations, possible breakdowns or force majeure affecting WeRankBox.

4.3 The Customer is responsible for taking out a subscription with an Internet service provider to access the Site and the service. The Customer shall ensure the compatibility of its technical environment required for access and/or use of the service.

4.4 The subscription to the service taken out by the Customer is only valid for its representatives and employees and may not be used by a Third Party under any circumstances. The Customer acknowledges that the access codes to the service are strictly personal, confidential and non-transferable. The Customer agrees to maintain the confidentiality of its access codes to the service and to take all necessary measures to prevent the communication of these codes that would allow Third Parties to access the service in an illicit manner.
Any communication of identifiers (a practice also known as GroupBuy) is therefore formally prohibited.

4.5 Customer agrees not to resell the services included in the service to its customers or Third Parties. In case of non-compliance with this obligation, WeRankBox may proceed to the immediate suspension of the execution of its services, without having to justify it to the Customer.
No credit brought to the Customer’s account will be refunded for this.

4.6 Customer agrees to make its network available to the Company or its partners

ARTICLE 5 – Updates – Maintenance

5.1 The service accessible through the Site is subject to regular updates by WeRankBox.

5.2 WeRankBox undertakes to do its utmost to ensure that maintenance operations do not disrupt Customer’s use. When the maintenance or update operations result in the suspension of the service, WeRankBox undertakes to notify the Customer as soon as possible.

ARTICLE 6 – Duration

Credits added to the site will have a 2-year validity period.

ARTICLE 7 – Termination

The Customer will be able to terminate his account whenever he wishes, by simple email to [email protected].
The credits present on the account will not be refunded.

ARTICLE 8 – Order – Price – Payment

Price

8.1 In consideration of access to the Service under the terms hereof, Customer agrees to pay WeRankBox a fee for use of the Service. In the event of early termination of the Agreement for any reason whatsoever, the Client agrees to pay WeRankBox all outstanding amounts, if applicable.

8.2 The amount of remuneration for the service is indicated on the Site, in euros, excluding taxes and including all taxes. The rates indicated on the Site are those in force on the day of the signature of the contract.

8.3 The amount of the service fee shall be payable upon execution of the contract. Payment of the Service fee will be made by monthly or annual direct debit depending on the plan selected. The amounts due to WeRankBox do not include the cost of the Internet connection, which remains the responsibility of the Customer.

8.4 WeRankBox may modify the amount of the remuneration for the Service provided that it informs the Customer at least one (1) month before the changes take effect. In the absence of termination within the period of one (1) month, the changes will take effect and will be deemed accepted by the Customer.

Order

8.5 The Customer has the opportunity to modify his Order and correct any errors before proceeding with the acceptance of his Order.

8.6 The Service is provided subject to the Customer’s acceptance of these T&Cs. The latter is deemed to have accepted the T&Cs and the Data Protection Policy by means of a clickable “Order” button when ordering the Service.
These T&Cs govern the contractual relationship between the Company and the Customer, who accept them without reservation.

8.7 After acceptance of these T&Cs and validation of the order, the contract is validly concluded between WeRankBox and the Customer and irrevocably binds them. An email confirming his order request will then be sent to him.

8.8 WeRankBox recommends that the Customer keep the information contained in the confirmation of the order request drawn up for him/her by WeRankBox, either on paper or on computer media

8.9 Orders placed by the Customer are therefore firm and irrevocable and are subject to these GTC.

8.10 WeRankBox reserves the right to cancel or refuse any order that emanates from a Customer with whom there is a dispute regarding the payment of a previous order.

Payment

8.11 Prices are mentioned on the Site in the service descriptions, in Euros and including all taxes.

8.12 The total amount is indicated in the order summary, before the Customer accepts these T&Cs, validates his service order, fills in and validates his billing details and proceeds to payment. This total amount is indicated exclusive of tax and all taxes included.

8.13 The order of the service on the Site is payable in Euros. Full payment must be made on the day of the order by the Customer.

8.14 The Site uses the Stripe security system for payment by credit card, a service provider specializing in securing online payments. This system guarantees the Customer total confidentiality of his banking information. The banking transaction, carried out between the Customer and the chosen secure system is therefore entirely encrypted and protected. The Customer’s bank details are not stored electronically by WeRankBox.

8.15 The Customer shall not, under any circumstances, make any deduction between the amounts that WeRankBox may owe to it and the amounts that it will owe to WeRankBox, unless the latter expressly agrees to do so. To the extent applicable, VAT will be added by WeRankBox to the amounts invoiced.

8.16 WeRankBox reserves the right to suspend or cancel any execution of the Service in the event of non-payment or partial payment of any amount that may be due by the Client to WeRankBox. In the event of non-payment of an invoice on its due date, interest at the legal rate in force increased by four (4) points will be automatically applied by WeRankBox until full payment, and, without prior notification.

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8.17 In accordance with Articles L.441-6 of the French Commercial Code and D.441-5 of the French Commercial Code, any delay in payment shall automatically entail, in addition to late payment penalties, an obligation for the Customer to pay a fixed indemnity of forty (40) euros for collection costs. When the collection costs incurred are greater than the amount of this fixed compensation, WeRankBox may request additional compensation, upon justification.

ARTICLE 9 – Warranty and Liability

9.1 The Customer is solely responsible for the use he makes of the Service, in particular regarding the use and interpretation of the information made available to him by WeRankBox as well as the acts and advice he deduces from it in the context of his professional practice. WAASBROS shall only be bound by the legal guarantees applicable to its service where applicable, to the exclusion of any other guarantee.

9.2 WeRankBox shall be liable for its negligence and misconduct, and that of its servants, if any of such negligence or misconduct is likely to cause the death of or injury to any person.

9.3 The liability of WeRankBox , for direct and proven damages caused to the Customer, is limited to the amount of the order in question. In no case shall WeRankBox be liable for indirect, incidental or special damages as defined by the case law of the French courts.

9.4 WeRankBox shall in no event be liable for: (i) damages due to the Customer’s failure to perform its obligations; (ii) any financial or commercial loss such as, for example, loss of profit, loss of customers, loss of data, any commercial disturbance, loss of orders, which constitute unforeseeable and indirect damages and therefore do not give rise to a right to compensation.

9.5 WeRankBox shall not be liable for the non-performance of the contract in case of force majeure as defined by Article 1218 of the Civil Code and the French courts, and in case of damages caused by a third party or attributable to misuse or non-conforming use by the Customer of the Services, in violation of the prescriptions of the WeRankBox or the rules of art.

ARTICLE 10 – Right of Use and Reproduction

10.1 The service, as well as all the data appearing on the Site, is protected by copyright and database law in accordance with the intellectual property code. These elements may not under any circumstances be reproduced, represented, lent, exchanged, sold, distributed or transmitted, even partially, except in cases expressly authorized by law or provided for in the contract. The features of the service may not be used to infringe or misappropriate these intellectual property rights.

10.2 The Customer shall refrain from any use of the service for purposes other than those expressly provided for in the contract, as well as from disseminating, publishing, selling or exchanging in any way whatsoever, the content accessed and more generally from infringing, directly or indirectly, in any way whatsoever the rights of WeRankBox.

10.3 The Customer agrees not to reconstitute or attempt to reconstitute, from the data and/or by means of the service, a database aimed at offering, directly or indirectly, free of charge or for a fee, the same or a comparable service, to any third parties to its business with the aim of circumventing the personalization of access to the service from which it benefits.

10.4 The Customer agrees more generally not to infringe the intellectual property rights held by WeRankBox on the service or any other element appearing on the Site protected by an intellectual property right, including trademarks and logos.

ARTICLE 11 – Confidentiality of Customer Data

The provisions concerning the protection of personal data as derived from the Loi Informatique et Libertés dated January 6, 1978 as amended by the Loi du 20 juin 2018 relative à la protection des données personnelles and the European Regulation on the Protection of Personal Data (“RGPD”) are located in an annexed document entitled “Privacy Policy”.

ARTICLE 12 – Insurance

Each of the Parties undertakes to maintain in force, for the entire duration of the contract, with a solvent insurance company, an insurance policy guaranteeing damage that may occur to its property and personnel, as well as a policy covering its professional liability, so as to cover the pecuniary consequences of bodily injury, material and immaterial damage for which it would have to answer, caused by any event and which would be the fact of its collaborators and / or possible partner companies during the execution of the contract.

ARTICLE 13 – General Provisions

13.1 Applicable Law: The contract shall be interpreted and governed in accordance with French law without regard to conflict of laws principles.

13.2 Allocation of jurisdiction: The Courts of the jurisdiction of the Court of Appeal of Saint-Etienne shall have exclusive jurisdiction to hear disputes of any kind or disputes relating to the interpretation or execution of these GTCs, notwithstanding multiple defendants, incidental or summary proceedings or warranty claims, unless WeRankBox prefers to bring the matter before any other competent jurisdiction

13.3 Assignment: WeRankBox may decide to assign or transfer the rights or obligations conferred upon it by these T&Cs provided that the Customer benefits from the same obligations as WeRankBox and under the same conditions.

13.4 Evidence Agreement: The Parties agree that all writings, including electronic writing, exchanged between them as well as all data, including technical data, are authentic and validly prove the content of their exchanges and commitments.

13.5 Contact: WeRankBox can be contacted, at any time, by email at the following address: [email protected]