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Professional general terms and conditions of sale (May 2017)

 

PREAMBLE

The appyourself® Services are registered trademarks of AYS, domiciled at 15 rue de la banque 75002 Paris, registered with the Trade and Companies Register (RCS) of Paris under number 535 351 472. These General Terms and Conditions of Sale apply to all Orders received by the appyourself®. The Services are exclusively reserved for professional use and are not accessible to minors under 18 years of age or to any legal or natural person who does not comply with the Terms of Service. In the event of any ambiguity and/or contradiction between these General Terms and Conditions of Sale and any other document appearing on the appyourself® Websites called "appyourself.com", these General Terms and Conditions of Sale will prevail.

The information given on the various pages of the appyourself.com Websites is provided for information purposes only and is not binding; appyourself® may be obliged to modify this information at any time and without prior notice. appyourself® may modify its General Terms and Conditions of Sale at any time and without prior notice, provided that the applicable conditions are in effect on the date of the order. In the event that, after the date of their removal from the Website, the General Terms and Conditions of Sale remain accessible to the Customers via other websites or by any means, they shall no longer be enforceable against appyourself®.

In accordance with article 1369.1 of the French Civil Code, it is specified that these General Terms and Conditions of Sale are drawn up in French, the only language applicable to these General Terms and Conditions.

 

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SALE CAREFULLY. BY SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNRESERVEDLY ACCEPTED THE CURRENT VERSION OF THE GENERAL TERMS AND CONDITIONS, CONSISTING OF THE FOLLOWING DOCUMENTS IN ORDER OF PRIORITY:

These General Terms and Conditions of Sale;
The Terms of Service available at this web address <https://www.appyourself.com/en/legals/general-terms-and-conditions-of-use-1281>;
The Privacy Policy available at this web address <https://www.appyourself.com/en/legals/privacy-policy-1353>;

 

ARTICLE 1 – DEFINITIONS

Application: refers to the service sold to Customers to publish their Content on the Platforms;

Purchase Order: refers to the estimate provided by appyourself® to internet users who wish to benefit from paid appyourself® Services;

Customer: refers to an internet user who has registered for appyourself® Services, free and/or paid, and who is therefore a non-exclusive licensee of the Services;

Order: refers to all Services and Complementary Services, where applicable, selected by the Customer, and the acceptance of these General Terms and Conditions of Sale and, where applicable, the Special Conditions;

Account: refers to all Customer information used to access and use the Services;

Terms of Service: refers to the terms intended to define the terms and conditions under which appyourself® makes its Services available to Customers, as well as the access to and use of the said Services, and which are available at the following web address <https://www.appyourself.com/en/legals/general-terms-and-conditions-of-use-1281>;

General Terms and Conditions of Sale: refers to the present terms and conditions, which are intended to define the terms and conditions under which appyourself® makes its Services and Complementary Services available to Customers, as well as the access to and use of the said Services;

Special Conditions: refers to the terms and conditions that supplement the General Terms and Conditions of Sale for a Complementary Service, where applicable;

Content: refers to the texts, images or videos added by a Customer, whether manually, via a technical interface, or via online distribution, in accordance with the General Terms and Conditions of Use;

Contract: refers to all the contractual elements established by the Customer’s Registration appyourself® Services for the use of the appyourself® Suite and their acceptance of the General Terms and Conditions;

Host: company from which appyourself® subcontracts the hosting of the Suite and the Customer Content database;

Registration: refers to the registration of the Customer's contact information for the use of the appyourself® Suite, whether paid or free, by the customer themselves or by an appyourself® Partners customer;

Platform: refers to the destination where the Application created with appyourself® can be published, such as the internet, Facebook, Apple® App Store©®, Google Play Store©®... ;

Services: refers to all online services offered to Customers by appyourself®;

Complementary Services: refers to all services in addition to the Services offered to Customers by appyourself®

Websites: refers to all websites accessible on appyourself.com on which the Customer may review the Services, the rates, these General Terms and Conditions of Sale, and the Terms of Service, and may register online for the Services;

Suite: refers to all software made available to Customers and offered by appyourself® via its Services, by means of internet technology.

 

ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS, THE GENERAL TERMS AND CONDITIONS OF SALE AND THE SPECIAL CONDITIONS FOR COMPLEMENTARY SERVICES

The formation of the Contract and acceptance by the Customer are evidenced by their handwritten signature of the Purchase Order, or their electronic signature, validated by the "approval click", or their online subscription, validated by the "approval click". This electronic signature is equivalent to a handwritten signature between the parties. This process is tantamount to acknowledgement from the Customer that they are fully aware of and unreservedly approve all the General Terms and Conditions. Except in the cases specified by the General Terms and Conditions of Sale, the Purchase Order electronically signed by the Customer, by means of the "approval click" associated with the electronic signature or online subscription, or the Purchase Order signed by the Customer and sent to appyourself® by fax, post or email, is deemed to be a definitive order and cannot be withdrawn after the legal deadline. appyourself® therefore invites Customers who have logged onto the appyourself® Website to carefully read the following General Terms and Conditions of Sale. The General Terms and Conditions of Sale described below also apply to Free applications and trial periods, which may be granted by appyourself® to its prospective customers to allow them to become familiar with the Services. The provisions of these General Terms and Conditions of Sale are applicable between appyourself® and its Customers regardless of the sales channel. Some appyourself® Complementary Services may have Special Conditions. If this is the case, they are specified at the end of these General Terms and Conditions of Sale.

 

ARTICLE 3 – SUBSCRIPTIONS AND CONTRACT


3.1 Professional subscriptions and duration

Professional subscriptions, options and rates are available on the Website at the following address: www.appyourself.com. Subscription rates are available in Euros and Canadian Dollars.

Free subscription

Free subscriptions are accessible to all and are subject to usage restrictions (no publication of Applications, limited sending of emails, SMS...); these usage restrictions are posted on the Website at the address indicated above.

AYS reserves the right to terminate a free subscription at its sole discretion and without prior notice, as well as in the event of any breach of the Terms of Service.

Paid subscription

For prepaid subscriptions, the subscription will be due and payable prior to each period (monthly or yearly depending on the duration of the subscription) calculated according to the anniversary date of the subscription.

The beginning of the paid subscription will be on receipt of the first invoice unless otherwise stated on the Purchase Order.

At the end of this period, the contract will be automatically renewed for the same duration originally purchased by the Customer. The Customer may nevertheless decide unconditionally and at any time to cancel the automatic renewal of the Contract. It is the Customer's responsibility to anticipate the end of the subscription period, and the consequences are the sole responsibility of the Customer.

3.2 Amendment of the Contract

The Customer has the opportunity to amend the specifications of their Registration online and via the sales department or customer service. All such operations may result in changes to the amount charged to the Customer for Services.

3.3 Termination of the Contract
3.3.1 Termination of the Contract by the Customer

The Contract may be terminated by the Customer at any time. In order to do so, the Customer must contact customer service with their user ID and Account information. If the Customer is no longer able to connect to the internet or to telephone, they may terminate their Contract by sending a registered letter with acknowledgement of receipt to the appyourself® registered office. No amount will be refunded to the Customer.  They will continue to have access to the Suites for the remaining period of their Contract. The termination of the Contract by the Customer will take effect at the end of the current period. The Customer will therefore be required to settle all remaining outstanding amounts between the date of their termination request and the end date of their Contract.

3.3.2 Termination of the Contract by appyourself® for non-payment of an invoice

In the event of a delay in payment of any amount owed by the Customer exceeding 15 days, appyourself® may consider the Contract to be terminated on the due date of the amount owed. appyourself® undertakes to retain the Customer's data for 60 days after this date. After this period, the Customer's data can be destroyed without prior notice. Any amounts paid by the Customer for their subscription will be retained by appyourself® without prejudice to any damages which appyourself® may claim.

3.3.3 Termination of the Contract by appyourself® for another motive

appyourself® reserves the right to terminate the Contract at any time in the event that the Customer fails to comply with their obligations, e.g. any breach of the General Terms and Conditions of Sale and/or the Terms of Service. Furthermore, appyourself® reserves the right to unilaterally terminate the Contract in the event that the amount of information loaded and/or exchanged by the Customer creates operational problems for the appyourself® servers, thereby affecting the functioning of the servers for other Customers. In both cases, the Customer in question will be notified by registered letter with acknowledgement of receipt and will have access to the service for a maximum period of one month. The sums settled by the Customer and corresponding to the remaining period of their Contract beyond the notice mentioned above will be returned to them. Furthermore, appyourself® undertakes to keep the Customer's data for a period of sixty days from the suspension. Such data shall be kept at its disposal, and after the period of sixty days appyourself® will be able to destroy the data without the Customer being able to claim any damages and obtain any compensation.

3.4 – Withdrawal

Our Services are reserved exclusively for professional use, and the provisions of articles L.121-20 et seq. of the French Consumer Code do not apply.

 

ARTICLE 4 – FINANCIAL CONDITIONS AND INVOICING

appyourself® is not bound by an order until the price has been paid in full. appyourself® reserves the right to refuse any order placed by a Customer who has not complied with the General Terms and Conditions of Sale and/or Terms of Service for a previous order (e.g. non-payment, violation of intellectual property rights, etc.). Once the complete price of the order has been received by appyourself®, the selected Services will be made available to the Customer. In the event of a technical problem, the Customer is invited to consult the "Questions" section of the Website or to contact appyourself® customer service.

4.1 – Rates

appyourself® reserves the right to modify its rates at any time without prior notice. The new rates will come into effect as soon as they are implemented for new Customers or new subscriptions from existing Customers. For Customers using a service for which the rate has been modified, the new rate will not come into force until the end of the current period. appyourself® reserves the right to immediately adjust its rates to reflect any new taxes or an increase in existing tax rates. The rates shown do not include internet access and telephone line charges. It is the Customer's responsibility to connect to the internet. appyourself® cannot be held responsible for the quality of the connection offered by their Internet Service Provider.

4.2 – Invoicing

Invoicing takes place on the anniversary of the start date of the Contract for the Customer's subscription period. Fees can be paid in advance for all Services except for additional consumption, which is payable at the end of the month. The Customer has the option to pay invoices using the following payment methods:

by cheque: payable to AYS.
by card: the list of invoices to be paid is available to the Customer online. Card payments can be made via a secure third party service. No customer card data passes through or is known by appyourself®.
by bank transfer: bank details are provided on the invoice

The Customer authorises AYS to debit the card or bank account that the Customer provides for all charges and amounts that the Customer owes in relation to the Services and any Complementary Services.

Subscriptions are invoiced on the anniversary date of the subscription. Unless otherwise stated on the Purchase Order, Complementary Services are invoiced in full on the date of signing of the Purchase Order. They cannot be cancelled and are not refundable.

Invoices are expressed in Euros or Canadian Dollars and excluding taxes. All invoices issued by appyourself® are payable upon receipt. However, the Customer has a period of 30 calendar days to make their payment (unless otherwise stated on the invoice). After this period, appyourself® reserves the right to suspend access to its Services until the total amount owed by the Customer has been paid to appyourself®. Furthermore, appyourself® reserves the right to terminate the Contract. Any unpaid charges will be reinvoiced to the Customer. The Customer agrees to inform appyourself® of any changes to their postal address and bank details or any other necessary information for the commercial relations between the Customer and appyourself®. Any dispute on the part of the Customer concerning the invoicing and the nature of the Services must be expressed by registered letter with acknowledgement of receipt stating the grounds for the dispute within fifteen days from the date of issue of the invoice. In the absence of such a letter, the Customer will be deemed to have accepted the invoice. All invoices are available to the Customer online and are sent by email. appyourself® invoices are not sent by post; however, if the Customer requests it in writing, appyourself® will send the requested invoices by post.

4.3 – Payment issues

In the event of payment delays, appyourself® may invoice the customer for late fees calculated at the current legal rate. In the event of rejection of the means of payment used by a Customer by the relevant banking institutions, a rejection fee to the amount of fifteen (15) euros will automatically be invoiced to the Customer. Moreover, the means of payment which gave rise to the rejection will no longer be authorised by appyourself® for future payments, and the Customer will have to choose another means of payment. Where payment conditions such as payment in instalments are granted, defaulting on a single payment deadline renders the entire amount owed payable. It entails, without payment of compensation of any kind whatsoever, the immediate suspension of current services.

appyourself® reserves the right, in the event of non-payment by the Customer of one of its invoices or the failure to comply with any of the clauses appearing in the Purchase Order or these General Terms and Conditions, to suspend access to its Services.

 

4.4 – Collateral deposits, advances

In the event of a payment issue and/or deterioration of the Customer's solvency, and/or uncertainty as to their capacity to meet their obligations, appyourself® reserves the right to request more stringent payment terms – such as a down payment or advance payment for all or part of the services and/or require additional guarantees from the Customer. As soon as the debt owed has been recovered, the Customer undertakes to settle, as compensation and a penalty clause, in accordance with the provisions of article 1226 of the French Civil Code, an amount equal to 20% of the outstanding principal, including taxes, plus the legal and recovery costs incurred, without prejudice to the continuation, suspension or termination of the Contract in progress.

 

ARTICLE 5 – GUARANTEES

appyourself® makes no express, implied, legal or other guarantee regarding the performance or results of the information it publishes or the Services it offers. The information published by appyourself® is not intended as a recommendation. The appyourself® Services are deemed to be made available to Customers on an "as is" basis, without being subject to specific adaptations. They belong to standard software packages that cannot meet all specific Customer needs. It is therefore the Customer's responsibility to verify the suitability of the Services offered by appyourself® in terms of their own needs and take all necessary precautions.

 
ARTICLE 6 – LIMITATION OF LIABILITY

The liability of appyourself® is limited to the supply of appyourself® Services within the limits of the contractual conditions assigned to each of the appyourself® Services, as described on the appyourself® Website and whose terms and conditions of use are strictly regulated in the appyourself® Terms of Service.

 

appyourself® cannot be held responsible for the Content (as defined in the appyourself® Terms of Service), published through the appyourself® Services, and the use of the appyourself® Services by Customers. In this regard, appyourself® refers to the terms of the appyourself® Terms of Service on the Customer's responsibility for the Content that they make available to the public through the Services.

 

appyourself® cannot be held liable for compensation for indirect and consequential damages suffered by the Customer and/or third parties as a direct or indirect result of the execution or improper execution of the provisions of the Terms of Service or General Terms and Conditions of Sale or the misuse of the appyourself® Services in accordance with the contractual arrangements assigned to each of the appyourself® Services, such as loss of turnover, customers, profits, or computer data, moral damage, etc.

As an essential and crucial condition of the present document, without which appyourself® would not have established these General Terms and Conditions of Sale, if the liability of appyourself® should be established, the Customer shall not be entitled to any other compensation and damages or any other settlement of any kind whatsoever other than the amount actually paid by the Customer to appyourself® on the date of the occurrence of the harmful event regarding the Service(s) related to the harmful event.

By express agreement between the Parties, no action or claim whatsoever may be initiated or formulated by the Customer against appyourself® more than six (6) months after the occurrence of the event giving rise to the claim.

The Customer acknowledges that their subscription to the Services must take into account (i) the related risks and these provisions relating to the liability of appyourself®, and (ii) the level of risk accepted by the Customer.

The applicable prices, where appropriate, have been agreed in consideration of this clause, which is part of the economic equilibrium of the Contract.

 
ARTICLE 7 – MISCELLANEOUS


7.1 Customer service

For any information or complaint concerning the Services provided by appyourself®, our customer service is at your disposal:

either by post: appyourself® – Service client, AYS, 15 rue de la Banque 75002 Paris;
or by telephone during office hours: 09 72 34 57 59
or by email, at the following address: support[@]appyourself.com
or via live chat during office hours by clicking the Questions button

7.2 Force Majeure

appyourself® will be entirely absolved of any responsibility if the non-performance of any or all of the obligations imposed upon it and provided for in these General Terms and Conditions results from a case of force majeure. For the purposes of these General Terms and Conditions of Sale, force majeure is defined as an unforeseen and/or inevitable event outside the control of appyourself®, such as, for example, a hosting failure. If the execution of the Contract, or any obligation incumbent upon appyourself® under the Contract and these General Terms and Conditions of Sale is prevented, limited or disrupted due to force majeure, appyourself® will be exempted from the fulfilment of the contractual obligations under consideration. In this instance, appyourself® may request the termination of this Contract, without being required to pay any compensation and retaining the right to the sums due on the date of the request for termination.

7.3 Reference

Unless otherwise agreed, appyourself® can cite the name of the Customer on any document, electronic or other, as a reference.

7.4 Subcontracting

appyourself® reserves the right to freely subcontract all or part of its services under this Contract.

7.5 Applicable law and dispute resolution

These General Terms and Conditions of Sale are governed exclusively by French law and exclusive territorial jurisdiction is granted to the French courts. The Customer expressly acknowledges the probative force of electronic writing as used on the website, and recognises that the data recorded by appyourself® is valid and constitutes proof of all past transactions. In the event of a dispute arising within the scope of the Services, the Customer will have the option, before any legal action, to seek an amicable solution, with the help of a consumer association or any other counsel of their choice.

 

ARTICLE 8 – SPECIAL CONDITIONS FOR ADDITIONAL SERVICES AND THE "MANAGED SERVICES" PAID SUBSCRIPTION

Within the framework of the various support options or the "Managed Services" paid subscription option, the Customer may benefit from all or part of the Complementary Services provided by appyourself®.

Unless otherwise stated, the Customer has a maximum of 30 days after the acceptance of the Order for a Complementary Service to provide all the necessary information to appyourself®. After this period, the absence of the necessary information for the service will result in cancellation at the fault of the Customer and will not give rise to the issuing of a credit or a refund.

No time commitment will be recognised by appyourself® for the completion of a Complementary Service. This factor depends on different elements regarding which appyourself® is unable to make a commitment, such as the time of a transfer, the volume of the text, the recovery period for the text and images, the complexity of the subject, the validation time for the directories. On the other hand, appyourself® is committed to implementing all possible means to meet the customer's request as soon as possible.

appyourself® reserves the right to freely subcontract all or part of the Complementary Services.

appyourself® is only liable to the Customer for an obligation of means for the execution of the Purchase Order or services. On no account will appyourself® be held liable for indirect or consequential damages, such as commercial damage, loss of customers, loss of orders, loss of revenue, loss of profits, loss of contracts, loss of business or loss of expected savings, any commercial repercussions, loss of benefits, loss of corporate image or third party action that the Customer may be subject to, even if such damage was foreseeable on the date of conclusion of the Purchase order.    

8.1 Purchase and transfer of a Domain name and configuration of Google Webmaster Tools

Purchase of a domain name. The Customer must advise appyourself® of their desired domain name(s). appyourself® will purchase the domain name according to availability and the Customer's wishes. In the event of a lack of availability, appyourself® will inform the Customer and will suggest the available domain names that are close to the requested name. Once the purchase is made, the Customer will own the domain name.  

Domain name transfer. The Customer must relay the necessary data for the organisation of the transfer to appyourself®: domain name, registrar, transfer authorisation code or contact information for the domain name administration, and a list of the email addresses linked to the domain name. The Customer is obliged to inform their former provider of their desire to have their domain name transferred. On no account will appyourself® impersonate the owner of the domain name in order to obtain information (registrar password, transfer authorisation code...).The duration of the transfers is variable and outside the control of  appyourself®. In the event that there are email addresses linked to the domain name, the Customer is responsible for the configuration of their email software.

Following the purchase or transfer of the domain name, appyourself® will be registered as the technical contact and administrator for the domain name by default. The Customer may request the management of their domain name by sending a simple email request to support[@]appyourself.com. appyourself® will provide an authorisation code to transfer their domain name to the registrar of their choice.

 

Domain name configuration: appyourself® will publish the Customer's website on their domain name. In the event that the domain name has not been purchased or transferred by appyourself®, the Customer must provide appyourself® with registrar access to their domain name. During publication, the website will be registered on the Google console (Google webmaster tools).

 

8.2 Content Entry and Application layout

Content entry: The amount of content entered is limited according to the option chosen by the Customer. The Customer must provide their text and image content either by completing and returning the manufacturing file to appyourself® or by providing the URL of their current website. The content entry options will not be accessible until all content has been received by appyourself®. Content will be entered without any modification by appyourself®. appyourself® accepts no responsibility for the text, images and other content provided by the Customer for publication on their Applications. The Customer remains solely responsible for the Content under the terms of these General Terms and Conditions and may modify, delete, or unpublish the contents entered by appyourself® at any time.

 

Application Layout: where applicable, the Customer must return their manufacturing file with their choice of template from the list offered by appyourself®. appyourself® will create the layout of the website on behalf of the customer using the chosen template, without any modifications. The Customer will then be able to carry out changes independently on their website. For the hand-in-hand package, the Customer must inform their adviser of the blocks they wish to see on their website. The adviser will create 2 website models for the Customer using these blocks. The Customer must offer feedback to their adviser, allowing them to create the final website.

 

8.3 Submission of mobile applications

In the case of a mobile application order (iPhone or Android), submission to the brand store is mandatory. appyourself® will perform application submissions on appyourself® accounts. Customers wishing to carry out the submission on a dedicated account will be responsible for creating and renewing this account and providing access to appyourself®. In the event that Apple or Google refuses an application due to the contents or information related to the application, appyourself® will notify the Customer of any changes required for resubmission. The validation time for an application is outside the control of appyourself®.

 

8.4 SEO support

The Customer must provide appyourself® with the list of key phrases on which they wish to base their search engine optimisation. appyourself® will be able to advise the Customer if the chosen phrases on the list do not seem pertinent and consistent with searches made by internet users. Firstly, appyourself® will carry out an audit of the Customer's current site. appyourself® refuses to carry out this option if the current natural search engine optimisation is judged to already be optimised for the key phrases chosen by the Customer, or if the chosen phrases do not seem to be achievable in terms of search engine optimisation. The second stage carried out by appyourself® entails the reworking and reformulation of the contents of the Customer's new site to be optimised for SEO. The positioning of the site will be tracked over the 3 months following the reformulation of the contents by appyourself®. appyourself® is not bound to a result in terms of position.

 

8.5 Training

The Customer must confirm the date of the appointment with their adviser during a preliminary call. Training will take place during the office hours of the country in question. If the Customer is absent or unavailable on the chosen date and time, appyourself® undertakes to contact them again to set up a new appointment. If the customer fails to respond to emails and telephone calls, appyourself® may consider the service cancelled 30 days after the last exchange or Order date. In order to carry out the training under the best possible conditions, appyourself® will share its screen with the Customer. The Customer's computer must therefore be up to date (the latest version of Internet Explorer, Safari, Firefox or Chrome, JavaScript and cookies enabled/Active X enabled and unblocked for Microsoft Internet Explorer (recommended)/Java 6.0 or most recent version).

8.6 Google and/or Facebook advertisements

Target refers to any keywords, negative keywords or any other targeting criteria, including demographic or geographic

Insert(s) refers to the Advertising Message(s) published on the relevant Media.

Advertising Message refers to all advertising content published on the relevant Media. Advertising Messages are subject to Editorial Guidelines.

Editorial Guidelines refers to the editorial guidelines for Google advertisements available at the following URL https://support.google.com/adwordspolicy/answer/6021546?hl=fr and/or the Facebook advertising rules available at the following URL https://www.facebook.com/policies/ads, as well as any other editorial guidelines relating to the types of advertisements that Google and/or Facebook may make available on their site at any time. The Editorial Guidelines form an integral part of the General Terms and Conditions of Sale.

FAQs refers to Google's Frequently Asked Questions available at the following URL https://support.google.com/adwords/answer/6146252 and/or the Facebook Help Centre for Facebook advertisements available at the following URL https://www.facebook.com/business/resources, which is an integral part of the General Terms and Conditions of Sale.        

Google Medium refers to any website, software, content, material or media owned, operated, or provided by Google, except for Google content pages

Facebook Medium refers to any website, software, content, material or media owned, operated, or provided by Facebook, except for Facebook content pages

Partner Medium refers to any website, software, content, material or media owned, operated or provided by any partner on or through which Facebook or Google provides AdWords advertisements or Facebook Ads under contractual provisions  

Adwords refers to the online advertising service of the same name operated by Google

Facebook Ads refers to the online advertising service of the same name operated by Facebook

Google refers to Google Ireland Limited, a company incorporated under Irish law with company number 368047, with its registered office located at Gordon House, Borrow Street, Dublin 4, Ireland.

Facebook refers to Facebook Ireland Limited, a foreign company not registered with the Trade and Companies Register (RCS), with its registered offices at 5-7 Hanover Quay, Dublin 2, Ireland

 

8.6.1 Reproduction right

The Customer acknowledges that they are the sole and exclusive author of the text, photographs, etc., making up the Insertion. Failing this, the Customer formally states that they hold the necessary rights and authorisations for the publication of the Insertion. Consequently, the Insertion appears under the exclusive responsibility of the Customer, who must guarantee that the Insertion complies with all applicable legal and regulatory provisions and respects third party rights. Consequently, the Customer relieves appyourself®, Google and Facebook of any responsibility, and guarantees protection from any convictions, judicial and extrajudicial expenses that could result from any recourse in relation to the Insertion, and compensates them for any resulting damages.

In the event that the Customer entrusts the formatting of the Insertion to Appyourself®, this service will be performed under the sole responsibility of the Customer, who authorises Appyourself®, Google and Facebook to reproduce and modify said elements for the purposes of publication.        

Without any obligation to verify the content, accuracy or consistency of the Insertion, appyourself® reserves the right to refuse or remove any Insertion for any legitimate reason without prior notice, in particular, any Insertion contrary to legal or regulatory provisions or the Google or Facebook editorial policy, without any reimbursement or compensation to the customer. appyourself® reserves the right to refuse any Purchase Order, even if already paid, upon return of the price. Such refusal does not entitle the Customer to any compensation.

                   

8.6.2 Publication, Targeting, Content and Positioning

The Customer is solely responsible for (i) the information accessible on the web pages to which the Advertising Messages lead, and (ii) the products and services they are promoting.                     

appyourself® will define the Targets and Advertising Messages according to the Customer's instructions. The relevance of these Targets and Advertising Messages to the Customer's services depends on the quality and accuracy of the Customer Instructions.         

appyourself® will use the necessary means to publish advertisements on a Google Medium and/or on a Facebook Medium and/or on the content pages of Google and/or Facebook and those of their Partners and/or on the search pages of Google Partners. The publication of the advertisements will be effective only after the Customer has sent the necessary elements for the implementation of the Instructions to appyourself®, and provided that the Customer meets the necessary conditions to benefit from the Google and/or Facebook Advertising Service. The conditions are as follows: authorisation to withdraw from a bank account or bank card that will be valid for the duration of the campaign or from Paypal; a Facebook page if the Customer has chosen to publish on a Facebook Medium; a Google Analytics account if the Customer wishes to benefit from an advertising service requiring the creation of a Google remarketing audience and/or to enable conversion tracking via Universal Analytics, provided that their booking engine allows it. The Customer acknowledges that appyourself® is in no way responsible should setting up the Google Ecommerce Universal Analytics tracking code or the Facebook conversion pixel prove impossible on their booking engine.

The Customer acknowledges that appyourself® does not guarantee: the actual publication, posting or positioning of advertisements, the delivery time for each advertisement, the number of impressions, publications, conversions, or 24/7 status of any advertisement, regardless of whether it is on a Partner Medium, a Google Medium, a Facebook Medium or on all or part of the Google and/or Facebook content pages. In particular, the Customer acknowledges that the publication of advertisements may depend on several factors outside the control of appyourself®.

The Customer accepts and acknowledges that: the placement of advertisements on a Google Medium and/or a Facebook Medium or Partner Medium is at the discretion of Google and/or the Partner respectively, Google and Facebook may offer the same Target to multiple advertisers; the Customer's advertisements may not be published, particularly if, for a given Target, there are more advertisers or advertisements than available advertising space, or if the advertisements do not generate a sufficient click-through rate.                    

Google and/or Facebook and/or any Partner reserves the right to reject or withdraw any advertisements, Advertising Messages and/or Target at any time and for any reason. Moreover, it is agreed that Google and/or Facebook may modify the size and/or format of the advertisements to the extent necessary to comply with technical specifications and/or editorial constraints.                     

The Customer accepts and acknowledges that Google and/or Facebook will use computer programmes to automatically search and analyse the Advertiser's websites to evaluate the relevance of the Advertisements. The Customer acknowledges that they are aware that the information obtained through these computer programmes is not the result of human analysis, that the information has only statistical significance, and that Google or Facebook cannot guarantee its relevance to the Customer's actual activities.

The Advertiser accepts and acknowledges that the Partner Media on which its advertisements may be published have access to the content of such advertisements, including URLs and other information that may be obtained through the URLs, as well as data relating to queries or clicks.    

           

8.6.3 Prohibited uses

The Advertiser agrees not to perform, or permit any third party to perform, any of the following: (i) use the Google Service fraudulently; the Advertiser will refrain from generating or allowing third parties to generate fraudulent or incorrect impressions or clicks on any advertisements from the Advertiser or a third party, in particular through the use of robots, automated query tools, computer-generated search tools, or through the use of other services or search engine optimisation software

i) use any automated means to retrieve data to access or search for information that is the property of Google, without prior written permission; (ii) promote any substances, services, products or content of which the use and/or promotion is prohibited in any State in which the Advertiser's advertisements are published; (iii) formulate any Advertiser Instructions that would infringe on any policy posted and updated on any Google Medium, including the Google Privacy Policy (www.google.fr/privacy.html) and the Google Trademark Guidelines (http://www.google.fr/permissions/guidelines.html); (iv) be guilty of any unlawful or fraudulent commercial activity under the laws of any State in which the Advertiser's advertisements are published, and infringing on the rights of third parties in any manner whatsoever; (v) formulate Advertiser Instructions that would result in the use of a third party's trade name, domain name or trademark in Advertising Messages and/or Targets, in violation of the applicable laws and regulations in the countries in which the advertisements are published; (vi) formulate Advertiser Instructions that would result in the inclusion of any link(s) to any site in its advertisements, unless the content of this site is relevant to the Advertiser Instructions; and/or (vii) formulate Advertiser Instructions that would result in multiple advertisements on the same page of results leading to the same site or similar sites.

The use of a trade name, a domain name or a trademark in Advertising Messages and/or Targets requires the presentation of a document explaining the Customer's rights regarding these elements.

                   

8.6.4 Tracking Google and/or Facebook advertisements

appyourself® undertakes to provide the Customer with a monthly report to enable them to know the number of impressions for the advertisements set up on behalf of the Customer, the number of clicks on these advertisements, and the amount spent for the corresponding month. The Customer acknowledges that the contents of this report are definitive and prevail over any other statistics.

                   

8.6.5 FAQs and Editorial Guidelines

The Customer acknowledges and agrees that the FAQs and the Editorial Guidelines are an integral part of the General Terms and Conditions of Sale and are incorporated herein by reference. The FAQs and Editorial Guidelines may be modified by Google and/or Facebook at any time. The Customer acknowledges that they are required to read the FAQs and the Editorial Guidelines carefully and to keep themselves up to date with any changes made by Google and/or Facebook.

                   

8.6.6 Restrictions

The Customer accepts and acknowledges that the marketing of the Google and/or Facebook Service may not promote activities contrary to laws or regulations or the relevant editorial policy. appyourself therefore reserves the right to refuse the implementation of this service to Advertisers practising one of the above categories of activities, upon return of the corresponding price. Such refusal does not entitle the Customer to any compensation.

Throughout the entire term of the Purchase Order, the Customer will refrain from activating a Google service similar to that which they are hereunder subscribed, either directly from Google or through a third party, in order to promote the same Website for which the Customer signed this Purchase Order.

In the event of termination of this Purchase Order for any reason whatsoever, the Customer agrees to immediately cease using the content of the Adwords advertisements (title and description) created by appyourself for the publication of the Advertiser's campaigns within the framework of the Google and/or Facebook Service. appyourself retains all copyrights for the advertisements.       

                                

8.6.7 Terms and conditions of the advertising service

Except as otherwise laid out in specific rate terms or specified in the Purchase Order, the terms are as follows: the Customer must subscribe to any Advertising service for an fixed initial term of 6 or 12 months, as specified in the Purchase Order, from the start date of the campaign.                

At the end of the six (6) month or twelve (12) month campaign, the advertising service will end.

For the Google and/or Facebook Service, the Customer acknowledges that, if they fail to comply with certain deadlines of which they may be notified by appyourself® for the consideration of a cancellation request for an advertisement, this request may not be considered immediately and the advertisement may continue to be published, in which case the Customer shall remain liable to appyourself® for all sums related to the advertisements published.

The price of the Google and/or Facebook Service includes the cost of providing complete management and implementation of the advertisements in addition to the cost of purchasing AdWords and/or Facebook advertisements.

appyourself®, Google and/or Facebook are only liable to the Customer for an obligation of means for the execution of the Purchase Order or services. On no account will appyourself®, Google and/or Facebook be held liable for indirect or consequential damages, such as commercial damage, loss of customers, loss of orders, loss of revenue, loss of profits, loss of contracts, loss of business or loss of expected savings, any commercial repercussions, loss of benefits, loss of corporate image or third party action that the Customer may be subject to, even if such damage was foreseeable on the date of conclusion of the Purchase order.            

appyourself, Google or Facebook reserve the right to suspend or stop the publication of all or part of the Media or products marketed, without any obligation to pay the Advertiser compensation of any sort. The unpublished Insert or the unrealised service will be reimbursed to the Customer.                    

The Customer acknowledges that they are aware of the extent of the dissemination of the Online Media, that they have taken all precautions to comply with the applicable legislation and that they relieve Appyourself, Google or Facebook of any responsibility in this regard.

The Customer accepts that the data collected on the Online Media are retained by the access providers and used for statistical purposes or to respond to specific requests or requests from public authorities.

All the articles of these General Terms and Conditions of Sale remain valid within the framework of this Google and/or Facebook Advertising Service, particularly the articles concerning payments, cancellation, responsibilities...

 

8.7 Managed Services tracking

The customer entrusts the management of their traffic and campaigns to one of the appyourself® staff members (called the Account Manager). The customer can therefore consult their Account Manager at any time, by email or telephone, to ensure the smooth running of the services with which they have been entrusted.

appyourself® undertakes to provide the Customer with a monthly report to enable them to know the traffic on their website and their applications, the statistics related to their marketing campaigns implemented on behalf of the Customer and the budget spent for the corresponding month.  The Customer acknowledges that the contents of this report are definitive and prevail over any other statistics. appyourself® is not bound to a result in terms of impressions, clicks, conversions, natural positioning results or turnover generated.