Conditions of use

General terms of use of the WebOLead services
WebOLead is published by the company AGENCE 404
10 promenade Europa
44200 Nantes
A single-member limited liability company with capital of €40,000
RCS 498 013 432

Date of last modification: 26 November 2016

1. PURPOSE

1.1. The purpose of these terms of use is to define the terms of provision of “WebOLead” services by the company AGENCE 404 to the Customer.

2. ACCEPTANCE OF THE TERMS OF USE

2.1. By agreeing to use all or part of the WebOLead services offered by the company AGENCE 404, you agree to be bound by these terms of use.
2.2. AGENCE 404 reserves the right at any time to update and change the General Terms of Use of the WebOLead services. You will be notified at least one week before the date of entry into force of new General Terms of Use.
2.3. All new offers, functions or options which extend or improve WebOLead’s services are automatically subject to the new Terms of Use.
2.4. You can consult the most recent version of the General Terms of Use on the page https://www.webolead.com/en/conditions-of-use/.
2.5. Any breach of these Terms of Use of the WebOLead services may lead to termination of your commercial relations with AGENCE 404 and closure of your WebOLead account, in accordance with the recommendations in paragraph 4.

3. DEFINITION OF THE WebOLead SERVICES

3.1. The “WEBOLEAD” services consist of:
– The provision of an interface for creating “calls to action”, also known as “ActionBoxes”, enabling a company to offer web visitors various calls to action from the customer’s website, in order to obtain the visitor’s contact details.
– The provision of an interface for consulting statistics on the people who have given their contact details.
– The provision of an interface for forwarding personal contact details to several WebOLead users.
– Support and advice services, varying in their extent, to enable the customer to generate more contacts from their website

4. WebOLead’S ADDED-VALUE SERVICES

4.1. Customisation of “ActionBox” calls to action: The customer and their employees and subcontractors undertake not to create “ActionBoxes” for the purpose of harming a third party, and not to display visual messages of a defamatory, racist or sexist nature. Any breach of this provision will lead to immediate cancellation of the service without any possibility of refund.

5. SERVICE LAUNCH

5.1. The date of Service Launch of the free and unlimited-duration trial period is the date on which WebOLead sends the Customer an email informing them of activation of the Service.
5.2. You are responsible for the security of your WebOLead account, its access details and password. AGENCE 404 cannot under any circumstances be held responsible for loss or damage resulting from non-compliance with this security obligation.

6. DURATION OF THE WebOLead SERVICE CONTRACT

6.1. The Service Contract is concluded, according to the chosen offer, either for an indefinite duration (free offer or no-commitment offer), or for a fixed duration (6 or 12-month offer) with tacit renewal for all offers taken out online via the WebOLead customer interface. The customer always has the option of suspending tacit renewal, meaning termination of adherence to the chosen Premium offer.

7. FINANCIAL TERMS

7.1. The price of the WebOLead services is defined according to the Pricing Terms in force at the time of purchase.
7.2. A payment card is required to pay your subscription.
7.3. If you opt for one of the subscription packages during your trial period, your trial period will come to an end and you will immediately be billed and debited for the amount of the chosen subscription.
7.4. Depending on the chosen package, your subscription will be tacitly renewed without any action being required at the end of each 30-day subscription period for the no-commitment package and renewed without any action being required at the end of the period chosen for services with commitment for a fixed duration (6 or 12 months).
7.5. The service is billed on the first day of your subscription period, and is non-refundable. No subscription period, regardless of its duration, may be refunded in the event of cancellation in the course of this period.
7.6. All prices and charges indicated are shown before tax.

8. CHANGES TO WebOLead’S SERVICES

8.1. Improvement of the Service: WebOLead seeks to constantly improve the Service. In this regard, the Customer agrees to any technical and/or technological change improving the quality of the Service.
8.2. Modification of the technical terms of provision of the Service: AGENCE 404 may, on an exceptional basis, modify the technical terms of provision of the Service, which may require updating the configuration of the Site. In this event, AGENCE 404 undertakes to notify the Customer as quickly as possible and to provide them with all information required for completion of the modifications. The technical and financial terms of such modifications will, where applicable, be agreed between the Parties in a separate agreement.

9. OBLIGATIONS OF THE CUSTOMER

9.1. Each of the Parties will provide its assistance and cooperation to the other Party in order to enable the latter to perform their obligations under the terms of each Service Contract. Likewise, the Customer and AGENCE 404 will inform each other, by immediate notification, of any questions relating to any event of which either of the Parties is aware, which may cause imminent harm or risk of imminent harm or loss of WebOLead equipment, or of the occurrence (or imminence) of such an event.
9.2. AGENCE 404 cannot be held responsible in the event of failure to perform its obligations under the terms of a Service Contract, and, in particular, it obligations to meet delivery dates and Service levels, where any such failure is attributable to a Site, to Customer equipment, or to any aspect outside the control of AGENCE 404.
9.3. The Customer authorises AGENCE 404 to interrupt, as of right and without delay, the provision of all or part of the Service, after prior, written notification of the Customer, under the conditions required by the law, regulations, legal opinion, professional standards or case law and, in particular, if the Service is used for a purpose or in a manner contrary to the law, to internet regulations, or to conditions which may be imposed by a competent authority.

10. CANCELLATION OF YOUR PREMIUM SUBSCRIPTION

10.1. You can cancel your PREMIUM subscription at any time. For valid cancellation of your PREMIUM subscription, simply go to the customer interface, then to the “Billing” section. This is the only procedure which may be used to register your cancellation. Therefore, an e-mail or telephone call to request cancellation of your account will not be considered as a valid request for cancellation and will not therefore be registered.
10.2 Your cancellation takes effect immediately. Continuity of the services offered in your Premium subscription is assured until the date of expiry of your Premium subscription period. When the date of expiry is reached, your use of the WebOLead service will be limited to the services and terms defined in the free and unlimited-duration offer.
10.3 AGENCE 404 reserves the right, without any special action being required, to suspend or cancel your account or to refuse to allow you to access its services in the event of a breach of these General Terms of Use, subsequent to an official request being made by email urging you to comply with the terms thereof, and this request going unheeded within 15 days. Furthermore, repeated breach of these General Terms of Use will warrant, without any special action being required, suspension or cancellation of your account or refusal of access to the WebOLead services.

11 MODIFICATION OF THE SERVICE AND PRICING

11.1. You can consult the most recent version of the Prices on the page http://test.webolead.com/tarifs/
11.2. AGENCE 404 reserves the right, at any time, to modify or to temporarily or permanently discontinue the Services with 15 days’ notification.
11.3. AGENCE 404 reserves the right, at any time, to modify the prices of its Services. These price changes will be communicated to you at least 30 days before they enter into force.

12 COPYRIGHT AND CONTENT OWNERSHIP

12.1. AGENCE 404 does not claim any intellectual property right over content (texts, images, documentation) you publish via the WebOLead Services.
12.2. AGENCE 404 does not carry out any advance control of the content you distribute. However, should AGENCE 404 become aware of infringing content, the said content will be immediately removed, without prejudice to AGENCE 404’s right to cancel your subscription.
12.3. Furthermore, AGENCE 404 reserves the right to communicate to the legal authorities, at their request, all elements in its possession which may be used to identify those involved in criminal behaviour.
12.4. You must not modify, adapt or hack into the Services or falsely imply that a site is associated with AGENCE 404.
12.5. You undertake not to reproduce, duplicate, copy, sell or exploit all or part of the Services or access to the Services without express written permission from AGENCE 404.

13. PRIVACY

13.1. You undertake to comply with all laws related to protection of personal data and respect for privacy when using the WebOLead Services and when collecting information on visitors to your Site.

14. REFERENCES

14.1. Unless you otherwise inform AGENCE 404, you authorise AGENCE 404 to make use of your business names, brands, logos, and domain names within its commercial documents.

15. CONTACT

15.1. If you want to share your comments, send information, or ask a question concerning use of the WebOLead Site and Services, you can contact AGENCE 404 at the following email address: hello@webolead.com.

16. LEGAL JURISDICTION

16.1. Any dispute regarding contractual relations between AGENCE 404 and you falls within the jurisdiction of the Commercial Court in Nantes.

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