Terms of Sale for Business Advertisers

Terms of Sale for Business Advertisers on Bienvenyou.com

As of 6 December 2013

Bienvenyou.com (hereinafter "the Bienvenyou Service" or "Bienvenyou" or "the Service") is an online ad service, accessible at www.bienvenyou.com, intended to allow advertisers the possibility to offer products and services to a primarily English-speaking public in France and abroad. To that end, Bienvenyou provides internet users with free consultation to Ads, written in English, as well as the possibility to submit and publish paid Ads online.

The present Terms of Sale for Business Advertisers (hereinafter “TSBA”) applies to the sale of Ads to Business Advertisers on the Bienvenyou.com service.

These TSBA are accessible HERE.

Private Advertisers desiring to publish Ads online on Bienvenyou are requested to read and accept "TSPA" available HERE.

ARTICLE 1 – DEFINITIONS

"Advertisement or Ad" refers to the set of textual elements – a maximum of 420 characters - graphics (photographs, drawings, logos) and sounds comprised in the message, submitted in English, by an Advertiser under his sole and exclusive authority, to offer, give, buy, rent or sell the product or service, and publish on Bienvenyou.

"Advertiser" refers to (i) a "Private Advertiser", i.e. any physical person, acting exclusively for private purposes unrelated to any business activity, desiring to submit and publish an advertisement online on Bienvenyou and/or (ii) a "Business Advertiser," i.e. any natural or legal person holder of a SIREN number and/or registered in a company register such as the Registre du Commerce et des Sociétés (RCS) using the Bienvenyou.com service in connection with a business activity.

"Advertiser Account" refers to the private account on Bienvenyou that any Advertiser must create and provide full contact details in order to develop, validate and manage Ads and Options purchased.

"Option(s)" refers to paid graphic or contextual elements, intended to enhance an Ad including but not limited to, bold, underlined title, framed Ad, insertion of photographs, addition of Business Advertiser’s logo, “share” an Ad with a third party, geolocalization of the product or service listed by the Advertiser.

"User" refers to any person who views the Bienvenyou Service from any medium from which the Service is made available such as all personal computers, digital tablets and mobile phones. 

ARTICLE 2 – OBJECT AND acceptance

The present TSBA establish the contractual obligations between BIENVENYOU S.A.S. and the Business Advertiser desiring to publish one or more Ads online, with or without Options, on the Bienvenyou Service.

The Advertiser declares to having read and accepted these TSBA, as well as the Conditions of Use (hereinafter "COU") of the Service prior to the creation of an Advertiser Account, publication online of any Ads and to any payment made for the purpose of publication of said Ads on the Bienvenyou Service.

Consequently, the Advertiser hereby renounces adherence to his own general conditions of sale, where applicable. 

ARTICLE 3 – CREATION OF an Advertiser Account

All Business Advertisers desiring to advertise on the Bienvenyou Service must create an Advertiser Account prior to the publication of the first Ad. This Account contains mandatory information (such as name, contact information, etc.) which must be truthful and accurate.

The Advertiser Account is exclusive to the Advertiser and cannot be used by any person other than the Advertiser, nor transferred or assigned to a third party. The Advertiser is responsible for keeping his login and password private and confidential. The Advertiser is solely responsible for access to his Advertiser Account with his login and password, except in the event of fraudulent use by third party.

An Advertiser can submit, view, edit or delete his Ads as well as select Options to enhance each Ad, subject to previously accepted tariffs (set out below), from his Advertiser Account.

The creation of an Advertiser Account is free and for an indefinite period.

An Advertiser may close his Advertiser Account at any time by sending a request to the following address: contact@bienvenyou.com. The Advertiser acknowledges and accepts that the closure of his Advertiser Account brings about the permanent deletion of all data contained therein including all Ads and Options, which does not give rise to any financial or other compensatory claim. 

ARTICLE 4 – AD RULES

4.1 The Ads drafted by the Advertiser are under his exclusive responsibility. All elements of any kind whatsoever (text, image, sound) constituting the contents of the Ad, are chosen by the Advertiser and under his responsibility.

The Advertiser must ensure that the contents of the Ad are clear and readable; he will make all efforts to ensure that the Ad is free of ambiguity, provides correct information and promotes clear understanding of the User.

In accordance with the provisions of Article 5, below, the Advertiser shall ensure that the content of the Ad does not infringe on any third party rights or regulation in force.

4.2 The Advertiser undertakes to publish Ads only on his behalf and own account. The Advertiser undertakes not to use the Service Bienvenyou to publish Ads in the name of or on behalf of a third party.

Bienvenyou reserves the right to remove any Advertisement made by an Advertiser for or on behalf of a third party, without giving rise to any claim to refund or compensation on the part of the Advertiser.

4.3 All Ads submitted and/or modified by the Advertiser will be subject to an informal review by Bienvenyou prior to their publication online. However, this does not create an obligation on the part of Bienvenyou, and Bienvenyou assumes no editorial obligation, to verify the content, accuracy, or coherence of an Ad which remains under the sole responsibility the Advertiser.

Bienvenyou reserves the right to reject the publication of any or all parts of an Ad which clearly contravene the legislation in force, the provisions of the present TSBA, or do not comply with the rules and guidelines for Ads on the Service and more generally the editorial line and the quality of Bienvenyou.com. A rejection does not give rise to any right to compensation, whatsoever, on the part of the Advertiser.

Any modified Ad (either in content or by the addition of Options) may be accepted or refused publication under the same conditions. In the event that Bienvenyou refuses publication of a modified Ad, Bienvenyou will send an email informing the Advertiser of the refusal.

Moreover, Bienvenyou may ask the Advertiser to make modifications to the Ad before uploading it on the Service. In the event of a justified refusal, the Advertiser will either not be charged or be reimbursed the fee(s) for publication and any Options selected.

4.4 When an Ad contains one or more images (photographs, logos, etc.), Bienvenyou reserves the right to refuse publication if Bienvenyou deems the quality insufficient, if it is contrary to Bienvenyou’s rules of publication or if the image does not correspond to the product or service listed in the Ad.

In no case may an Ad be used to publicize anything other than private goods or services.

4.5 Should Bienvenyou reject an Ad prior to its publication online, the Advertiser will be informed by email sent to the address indicated in the Advertiser Account. Fees paid for publication of an Advertisement will be returned to the Advertiser except in the case of a refusal on the part of the Advertiser to modify the Ad.

4.6 Any Ad submitted and validated by Bienvenyou will be published for a seven (7) day renewable period, beginning from the date of publication online, except in the event of early withdrawal by the Advertiser or Bienvenyou.

The Advertiser may select the “Renew Ad,” which will allow the Advertiser to access a previously created Ad and to modify it in whole or in part, for the purpose of publishing a new Ad online. This new Ad, having been validated by the Advertiser, shall generate a new invoice. The amount of the invoice will depend on the Ad content (size of text, options chosen, duration…).  “Renew Ad” may also be applied to an existing Ad which has not yet expired. Renewing an Ad which is in the course of its paid publication period implies an early withdrawal of same. Consequently, the original Ad will be replaced by the new Ad, and this without giving rise to a refund or triggering new billing.

In principle, Bienvenyou Service organizes Ads in chronological order, based on the date and time of their publication online. Consequently, the Advertiser acknowledges and accepts that the location of his Ad is temporary and variable.

4.7 As previously stated, Bienvenyou reserves the right to modify the layout, presentation and graphics of its Service and the sites on which it is made available. Bienvenyou remains free to market advertising space on its site, without the Advertiser having any claim to remuneration.

4.8The Advertiser will remain aware and up-to-date regarding the design of his Ads and each available Option category. The Advertiser may request Bienvenyou to provide a sample Ad using one Option or another.

ARTICLE 5 – ADVERTISER GUARANTEES AND COMMITMENTS

5.1  Any Ad submitted and published on Bienvenyou appears under the sole responsibility of the Advertiser. The Service only provides for storage of the Ads.

The Advertiser guarantees that each of its Ads (and all elements contained therein) complies with all laws and regulations in force and that he shall take particular care to ensure that it is not an infringement of third party intellectual property rights, an injury (including defamation, insults, etc.) and respect for privacy, a violation of public order and morality. The Advertiser also represents and warrants that each of its Ads (and all elements contained therein) comply with the provisions of these TSBA and rules of publication of Bienvenyou.

The Advertiser guarantees that he is the owner or licensee of the rights to all of the items he integrates into an Ad, such as text, images, hyperlinks, trademarks, photographs, etc. and declares that he has all rights and permissions necessary for the dissemination of the Ad.

 The Advertiser guarantees that he is an owner or licensee of the rights to all of the items, such as text, images, hyperlinks, trademarks, photographs, etc. he integrates into an Ad and declares that he has all rights and permissions necessary for the dissemination of the Ad.

5.2 Except in the event where Bienvenyou had been duly informed of the existence of illegal content within the context of the legislation in force, and did not act promptly to remove same, Bienvenyou cannot be held responsible for the content of the Ads. Consequently, the Advertiser indemnifies and releases Bienvenyou (and any person appointed by it) from all liability, and guarantees Bienvenyou against all convictions, court fees and extrajudicial costs (including reasonable attorney’s fees), resulting from any legal action or claim in connection with one of his Ads.

In the event that Bienvenyou observes a violation, by an Advertiser, of a legal provision in force, third party rights, the present TSBA and/or the rules of publication of Bienvenyou, the Advertiser acknowledges and accepts that Bienvenyou may remove any Ad published or in progress of publication without notice or compensation, or entitlement to refund.

5.3 The Advertiser undertakes to only offer products or services for which he is in real possession or which were entrusted to him for marketing. In event of unavailability of the product or service, the Advertiser agrees to withdraw the Ad from Bienvenyou without delay.

As such, the Advertiser acknowledges and accepts that for technical reasons, the upload of an Ad on to the Service is not immediate.

ARTICLE 6 - DESCRIPTION of options

Options are designed to enhance an Ad published on the Bienvenyou Service. The Options may be subscribed to upon the submission of an Ad, during its modification or renewal.

The Advertiser may choose, in particular, the following Options:

- "Placement" allows the Ad to be placed at the top of the list, subsequently the Ad will move down in chronological order with the arrival of other ads benefitting from the same Option;, it shall however remain positioned above the Ads that have not opted for the Placement Option.

- "Bold" allows the title of the Ad to appear in bold.

- "Underline" allows the title of the Ad to be underlined in the list of Ads.

- "Frame" allows the Ad to be framed by an orange border.

- "Background color" allows the Ad to be highlighted by the addition of a background color.

- "Geolocalization" allows the Ad to display its GeoLocation on Google Maps or via another internet tool.

- "Display contact information" allows the Advertiser to display the contact information in the content of the Ad.

- "Email address" allows the Advertiser to display an e-mail address in the content of the Ad but not in the body text of the Ad.

- "Website" allows the possibility to add hyperlinks to a website in the content of the Ad but not in the body text of the Ad.

- "Share" allows the User to forward the Ad to another User.

- "Photos" allows the addition of one (1) to five (5) photos to the Ad.

ARTICLE 7 – OPTION RULES

An Option is payable and subscribed to for only one Ad at a time. Consequently, it is not possible to transfer the Option(s) purchased for one Ad to another.

The Advertiser can subscribe to several Options for the same Ad, for use individually or simultaneously.

Each Option applies for the duration of the publication of the Ad: either for a maximum of seven (7) days if it is taken at the time of the Ad, or for a period less than seven (7) days or equal to the remaining period of validity of the Ad if taken during the course of publication.

An Option will cease to be in effect in event of early withdrawal of the Ad, (by either the Advertiser or Bienvenyou) or due to the expiration of its publication period. The renewal of an Ad does not extend the duration of the previously subscribed to Options. Similarly, the subscription of an Option not extend the duration of publication of an Ad.

The Advertiser acknowledges and accepts that the deletion of the Advertiser Account by Advertiser results in the removal of all the Ads, as well as all Options, associated with the Account, without creating any claim to reimbursement or indemnity on the part of the Advertiser.

ARTICLE 8 - RATES

The prices are expressed in euros, excluding taxes and including taxes (Value Added Tax-VAT). For purely informational purposes, prices may also be expressed in other currencies.

Bienvenyou reserves the right to modify its prices at any time. The rates applied are those in force on the day of submission of the Ad by the Advertiser.

RATES FOR 01/09/2013

For Business Advertisers

 

Pre –Tax Price

Price  incl. VAT

Ad Submission:

Ad text 140 characters

5.00€

6.00€

Ad text 280 characters

10.00€

12.00€

Ad text 420 characters

15.00€

18.00€

Options:

Placement

1.00€

1.20€

Bold

1.00€

1.20€

Underline

1.00€

1.20€

Frame

1.00€

1.20€

Background Color

1.00€

1.20€

Geolocalization

1.00€

1.20€

Display contact information

1.00€

1.20€

Email Address

1.00€

1.20€

Website

1.00€

1.20€

Share

1,00€

1,20€

Photo

1,00€
Per photo

1,20€
Per photo

ARTICLE 9 - Payment and billing

Payment for each Ad is made, in euros all taxes included, at the time of submission. Full payment of Ads and Options is made by credit card before publication.

For security reasons, every new submission/order will require re-entry of payment details.

Every Ad submission and/or Option subscription will generate an invoice which will be sent at the time of the Ad submission, to the e-mail address indicated by the Advertiser in his Advertiser Account.

The invoice will include: the amount excluding taxes and in euros; the amount of VAT (Value Added Tax) or any other taxes to be borne by the Advertiser at the rate in force on the date of payment; the amount inclusive of all taxes.

The only currency accepted by Bienvenyou is the euro.

No refund is possible at the expiration of an Ad’s publication period. 

ARTICLE 10 - LIABILITY

Bienvenyou provides a Service designed to enable Advertisers to publish Ads for Users. Bienvenyou does not intervene, in any way, in the relationship between the Advertisers and the Users nor in possible transactions likely to be concluded between the two parties and, as such, cannot be held liable.

Bienvenyou will use all its know-how and technical capabilities, according to best practices and business requirements, to ensure that the Service functions properly.

The Advertiser will retain a copy of its Ad and as well as all content used in the Ad. The Advertiser is also informed that Bienvenyou does not maintain any backup of Ad content and as such, accepts that Bienvenyou cannot be held responsible in the event that Advertiser has not retained a copy of his data.

Bienvenyou cannot be held responsible for damages suffered by the Advertiser, notably, in connection to:

- an interruption or malfunction of the Service due to a case of force majeure, unforeseen circumstances, due to third parties or any event beyond Bienvenyou’s control;

- Use of the Service not in accordance with these provisions or applicable regulations;

- the content of data published or received by the Advertiser;

- a momentary failure of the Service due to site maintenance.

Bienvenyou can only be held liable where the Advertiser has proven a breach of duty on the part of Bienvenyou.

The total amount of damages which can be claimed by the Advertiser regarding an Ad, and for which Bienvenyou can be held liable, shall not exceed the amount actually paid for said Ad and Options pertaining to it, all damages included.

In the event that damages claimed do not pertain to one particular order of an Ad, the amount of these damages shall be limited to the amount actually paid by the Advertiser to the Service, during the twelve (12) months preceding the act which created the injury, and can be no greater than the sum of 1,000 € (one thousand euros) for the total amount of damages suffered by the Advertiser during the execution of the present contract.

Under no circumstances shall Bienvenyou be liable for incidental or consequential damages suffered by the Advertiser due to the use of the Service. Incidental and/or consequential damages refer to, in particular, loss of use and turnover, loss of data, reputation, and other commercial and financial damages.

By express dispensation of the provisions of Article L.110- 4 of the French Code de Commerce, the Business Advertiser and Bienvenyou agree that any legal action on the part of the Advertiser acting as a commerçant as defined by said Code, can only be brought within a period of one (1) year after the occurrence of the alleged event. 

ARTICLE 11 - FORCE MAJEURE

Circumstances considered as cases of force majeure, are those usually accepted by the case law of the Court of Cassation and/or within the meaning of Article 1148 of the French Code Civil. Bienvenyou cannot be held liable to the Advertiser for any failure of the Service due to force majeure or individual acts by the Advertiser.

ARTICLE 12 – PERSONAL DATA

Bienvenyou is responsible for the processing of personal data which has been submitted by the Advertisers and which is required to use Service.

The information provided by the Advertiser during the creation of Advertiser Account and for the purposes of payment for Ads and Options subscribed, are processed and used by Bienvenyou exclusively for processing and following-up of Ads and for the management of the Bienvenyou Service.

In accordance with the provisions of French law no. 78-17 of 6 January 1978 "Informatique et Libertés", the Advertiser has a right of access, objection and correction of personal data held by Bienvenyou. The Advertiser may exercise this right by writing to the following email address: contact@bienvenyou.com

ARTICLE 13 - INTELLECTUAL PROPERTY

13.1 All elements (texts, images, photographs, sound, software, icons, graphics, layout, database, trademarks, logos, etc.) present on the Bienvenyou Service are protected by intellectual property law, and for which Bienvenyou is owner and/or licensee.

Bienvenyou is owner of the Bienvenyou trademark. Therefore all reproduction, imitation or use of the Bienvenyou trademark is prohibited without prior written permission from Bienvenyou. Therefore, no reproduction, representation, adaptation, translation and/or transformation, or full or partial use of any element of the Service can take place without prior express consent from Bienvenyou.

13.2 The Advertiser agrees to take particular care to not infringe intellectual property rights or similar rights by way of the content (especially all graphic and photographic elements, all trademarks and logos) of Ads submitted for publication on the Bienvenyou Service.

By submitting an Ad for publication on Bienvenyou, the Advertiser grants Bienvenyou free non-exclusive permission to publish, disseminate, use, reproduce, represent, adapt, translate and more generally make use of each Ad and all of the components in the context of the Service and for the purposes of promotion of the Service, worldwide, and for the duration of protection afforded by intellectual property law.

ARTICLE 14 - MODIFICATIONS

Bienvenyou reserves the right to modify the Service and the present TSBA at any time. Advertisers are therefore requested to regularly consult the TSBA to be made aware of any changes. All modifications are in force immediately upon publication online.

These TSBA are accessible HERE.

ARTICLE 15 – miscellaneous

The use of the Bienvenyou Service by Advertisers implies prior acceptance by the latter to the TSBA in force.

In the event that one of the provisions contained in these TSBA is found to be illegal, invalid or unenforceable, for any reason whatsoever, it will be considered as though it had not been written and the other provisions of these TSBA will remain in force and will continue to apply between the Advertisers and Bienvenyou.

ARTICLE 16 – LEGAL INFORMATION AND CONTACT DETAILS

The Service Bienvenyou is accessible from the URL http://www.bienvenyou.comand from any other address designated by BIENVENYOU.

The Service is published by BIENVENYOU S.A.S, 4 rue Georges Berger 75017 Paris, registered with the Register of Trade and Companies of Paris under the number 793 221 409 (VAT number: FR02 793221409), and whose President is Mr Marc VIDAL.

For questions about the company or the Bienvenyou Service, please call 01 47 00 59 70 or send your questions by email to: contact@bienvenyou.com.

The website's Director of Publication is Mr Marc VIDAL. The Editorial Director is Mr Tony McHUGH.

The Bienvenyou Service is hosted by:

IMAGE POINT COM
6 avenue du Vieil Etang
78180 Montigny-le-Bretonneux 

ARTICLE 17 - APPLICABLE LAW AND JURISDICTION

These TSBA are governed by French law. Failing an amicable settlement any dispute relating to validity, interpretation or execution falls within the exclusive jurisdiction of the Commercial Court of Paris.