General Terms Of Service

27 Degrees Media is an Individual Company (EI) registered under SIRET number 90895158500029 and whose head office is located at 33 Avenue des Tisserands  40150 SOORTS-HOSSEGOR represented by Loan MORRIS ("the provider").

 

The Service Provider’s intra-community VAT number is FR 79 908951585.

 

Article 1 - SCOPE OF APPLICATION

 

These general conditions of service (the “General Conditions ”) apply to the following services (the “ Services ”) provided by the Service Provider to any professional client wishing to benefit from them

("the customer"):

 

• Digital media planning and buying

• Online advertising distribution

• Social media management

• The creation and optimization of sponsored links on search engines or social networks (the “ Supports”)

• Creation of content and websites

• Marketing communications consulting

• Creation of marketing materials

 

Any order for Services implies, on the part of the Client, prior acceptance without restriction or reservation of the General Conditions, of which the Client declares having read it.

                 

The General Conditions are applicable subject to any contrary stipulation appearing on the order form or quote or to special conditions where applicable concluded between the Service Provider and the Customer concerned.

 

The Service Provider provides the Client with its know-how to fully manage its sponsored link campaigns. The Service Provider takes charge, under the control and responsibility of the Client, of creating campaigns, ad groups, keywords as well as ad texts to optimize the performance of the account. The Service Provider will adjust the bids and parameters in order to get closer to the objectives set by the Client.

 

The monthly amount of media purchases may be adjusted by simple exchange of emails depending on the evolution of the market and the Client 's objectives , it being specified that the Client recognizes and accepts that the budget he has set may be subject to an excess taking into account the technical constraints imposed by the Supports without being able to blame the Service Provider .

 

The Client declares that they have read the General Conditions of Sale of the Media on which they wish to distribute their campaigns (Google Ads, Bing Ads, Facebook Ads, LinkedIn Ads, Pinterest Ads & Snapchat) and accept their provisions.

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Article 2 – ORDERS

 

Each order for Services gives rise to the establishment of a detailed quote, valid for 14 days from its creation date.

 

The order for services is final upon acceptance and signature of the quote by the Customer by e-mail or any other means validated by the service provider, from then on, the quote becomes a purchase order and implies an obligation to pay.

 

The quote mentions the essential characteristics of the services as pre-contractual information within the meaning of article 1112-1 of the Civil Code. The nature of the Services and their methods of execution cannot be modified without the prior written consent of the Service Provider.

 

The order gives rise to the payment of a deposit of 30% of the total amount of the quote.
This deposit cannot be qualified as a deposit within the meaning of articles 1580 of the Civil Code and L. 214-1 of the Consumer Code, the order definitively binding the parties.

 

Without prejudice to his possible right of withdrawal, the customer will be definitively bound by signing the quote or by unreserved acceptance of the latter by e-mail.

The Service Provider will only be required to fulfill its obligations from the date of receipt of the first deposit.

 

In the event of cancellation by the Customer of a confirmed order, for any reason whatsoever, and without prejudice to any additional damages:

 

- any deposit paid on the order by the Customer will remain automatically acquired by the Service Provider and will not give rise to any reimbursement.

- in the absence of a deposit, a sum corresponding to 10% of the total price excluding taxes of the Services will be due to the Service Provider and invoiced to the Client.

 

Article 3 – PRICING CONDITIONS

 

The Services are provided at the Service Provider's rate in effect on the day the quote is signed, expressed in euros excluding taxes.

 

VAT is included in addition (current rate: 20%)

 

The price or fee for the Services is determined in the quote based on the nature of the Services, the level of skill and expertise required, and the number of hours, qualification and experience of the personnel required.

 

The price is firm and cannot be revised during the period of performance of the Services, the parties expressly waiving the right to avail themselves of the provisions of article 1195 of the Civil Code.

 

The Service Provider, however, reserves the right to modify its prices at any time for any Services subscribed to after this modification.

 

When the Services are performed successively, billable at regular intervals and may be subject to tacit renewal, any modification to the price of the Services will take effect during the next contractual period. In the absence of termination by the Customer before this taking effect, the new pricing will be applicable to the new contractual period.

 

Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be applied immediately and automatically.

 

The prices indicated in the offer only relate to the provision of the services described therein, to the exclusion of all other services.

Any other additional and/or necessary requests will be subject to a new quote.

The services to be performed include everything explicitly listed on the estimate. They are established based on elements and information provided by the Customer.

The work and technical costs are evaluated according to the service ordered and the constraints linked to it.

 

The costs incurred for the execution of the Services may be subject to re-invoicing to the customer (travel costs, accommodation, disbursements, etc.) according to the agreement of the parties appearing, where applicable, in the order form or in any other documents annexed to the quote.

 

In the event of a pause on campaigns for a full month (no expenditure on the Media), a flat rate of €400 excluding tax relating to management and resource allocation costs will be applied to the Client.

 

Article 4 - BILLING AND PAYMENT CONDITIONS

 

Invoices will be issued in the name of the Customer and will be payable upon receipt or at the latest within a week .

 

In case of specific services such as set up costs (one shot):

The Services are invoiced, and the price is due in full and payable in cash on the day the quote is signed.

 

In the case of services with successive execution:

For communication plans developed with monthly payments, the amount of the monthly payment, the date of the first payment and that of the last payment is indicated on the quote or order form.

A schedule can be communicated to the Client upon request.

 

A deposit of 30% of the monthly price of the Services is invoiced by the Service Provider and is due from the Client on the day the quote is signed, the balance being invoiced and due at the end of the first month.

 

For the following months, the Services are invoiced, and the price is due and payable at the end of each month giving rise to the provision of the Services.

To benefit from a monthly plan, the Customer agrees to sign a bank direct debit mandate dedicated to this purpose.

 

The following payment methods can be used:

 

●      Bank cards

●      Bank transfer

●      SEPA direct debit

In the event of payment by bank card, in accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Service Provider to debit their card for the amount relating to the price indicated.

The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it.

Regulations for advertising campaigns on Media

The Advertiser directly pays the price of advertising campaigns to the Media and remains solely responsible for the sums committed to the latter.

In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be subject to any compensation without prior written agreement between the Service Provider and the Client. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a failure to pay and will entail all the consequences of late payment.

 

It is expressly agreed that the Customer is validly given notice to pay solely by the due date of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Client, to:

 

- demand immediate payment of all amounts owed for the Services, these becoming immediately due regardless of their initially scheduled due date.

 

- refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of commitments.

 

- charge any partial payment first on the non-privileged part of the debt then on the sums which are the oldest due.

 

- reduce, suspend or cancel the Services in progress, 8 days after formal notice given to the Client by the Service Provider has remained ineffective.

 

- apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in article L.441-6 of the Commercial Code; and or

 

- demand the payment of a lump sum compensation of €40 for recovery costs, for each invoice paid late, and the payment of compensation equal to 10% of the sums remaining due, without prejudice to the repair of any damage suffered.

 

These actions do not exempt the Customer from payment of the totality of the sums due and the penalties applied, and the recovery costs set out below.

 

If the unpaid debt gives rise to contentious recovery, after unsuccessful formal notice by registered letter, the debtor undertakes to pay as a penalty clause and in accordance with the provisions of Article 1226 of the Civil Code, an increase of 15% on all sums collected with a fixed minimum of 100 euros.

 

Full payment upon ordering may be required for:

- Any sale to individuals

- Very first order from a new Customer

- Any order less than 300 euros excluding tax

- Any Customer who has not respected a payment deadline

- Any Customer depending on their own situation or that of their sector of activity.

 

In this case, the Service Provider's Services begin after the actual receipt of payment. However, in compliance with non-discrimination rules, and depending on the Customer's particular situation, they may be granted a payment deadline.

 

Article 5 - TERMS OF SUPPLY OF SERVICES

 

The Service Provider declares that it has the skills, experience and means necessary to provide the Services, and will assume full responsibility for both the execution of the Services and the organization of the work of its staff where applicable.

 

The Service Provider will provide the Services in good faith and will implement all due diligence required for the execution of its obligations under these General Conditions, in compliance with legislative and regulatory provisions and the rights of third parties.

 

In particular, the Service Provider undertakes to:

 

- take all the care required by professional diligence and local customs in the execution of the Services;

- where applicable, implement or make available adequate means for the execution of the Services;

- in the absence of immediate execution of the Services, make its best efforts to ensure compliance with the deadline or indicative schedule appearing in the order form.

 

The Service Provider will collaborate actively and in good faith with the Client in all areas, with a view to the proper execution of the Services and will immediately inform the Client of any difficulty or dispute arising during the execution of its mission.

 

The Service Provider will provide the Services in complete independence and autonomy. Neither the Service Provider, nor its managers, nor members of its staff, may claim to be agents, subcontractors or employees of the Client and will not have the power or authority to make decisions, commitments, or conclude contracts with the Client. name and on behalf of the Client, in any manner whatsoever, unless prior and special written mandate given by the client.

 

The Service Provider will be liable for taxes, social security contributions or penalties inherent to his activity as an independent professional, must complete all formalities inherent to this status, while respecting the legal and regulatory obligations incumbent on him with regard to employment and remuneration of personnel required to provide the Services.

 

The Service Provider will, where applicable, inform the Client in advance in writing of any mission or action which could create a situation of conflict of interest, in such a way that the parties determine by mutual agreement the decisions to be taken and measures. to be put in place in order to preserve the interests of the client.

 

As part of its activities, it may use third parties and service providers, in which case the conditions of execution of the latter prevail. The Customer undertakes to read it.

 

Article 6 – CUSTOMER OBLIGATIONS

 

The Client collaborates actively and in good faith with the Service Provider in all areas with a view to the proper execution of the Services.

 

In particular, it communicates information and documents that are complete, precise, accurate and sincere and takes the decisions reasonably necessary within the time limits required for the execution of the Services. The Service Provider will be authorized to use any element communicated by the Client for the purposes of carrying out the Services or obtained through public information sources generally considered reliable and to presume, without liability being incurred, that this element is exact, precise, sincere, complete and does not contain any inaccuracy or insufficiency likely to alter its scope.

 

The Client is required to designate an available representative with decision-making power who will be the Service Provider's main contact in the management of their relationships with respect to the execution of the Services.

 

The Client cannot modify, during the execution of the Services, their nature, or their terms of supply, without prior written agreement from the Service Provider.

 

He undertakes to immediately inform the Service Provider of any difficulty, reservation or dispute arising during the performance of the Services, in order to allow, if necessary, an amicable resolution of the situation.

 

The Client pays the price of the Services under the conditions and according to the terms provided for in article 4 of these General Conditions.

 

The Client expressly acknowledges that any electronic document constituted by a scan of a succession of signed documents linked to the execution of quotes constitutes literal proof within the meaning of article 1365 of the Civil Code.

 

This document is valid as an original document having the same value and the same probative force as a writing on paper in accordance with article 1366 of the Civil Code and may be validly opposed to it.

 

Consequently, the Client acknowledges that any document constitutes irrefutable proof of its content, the identity of the signatory and his consent to the obligations and consequences of facts and rights resulting therefrom and will be admissible as proof before the competent courts.

 

Article 7 – COMPLAINTS

 

In the event of non-performance or defective performance of the Services, the Client must notify the Service Provider and formulate its grievances, reservations and relevant supporting documents within thirty (30) calendar days following the date on which it becomes aware of them, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days following the Client's initial notification.

 

In the absence of an amicable settlement under the aforementioned conditions and in the event of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Conditions under the conditions provided for in Article 13 and, where applicable, obtain damages and interest from the Service Provider for the purposes of repair the damage suffered, the Client waiving in advance the right to request compulsory performance in kind of the Services by the Service Provider or a third party or a proportional reduction in the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.

 

Article 8 - RESPONSIBILITY OF THE SERVICE PROVIDER

 

The Service Provider is bound by an obligation of means for the provision of the Services.

 

The Service Provider cannot be held liable for:

 

- in the event of failure to fulfill any obligation resulting from a fortuitous event or an event of force majeure within the meaning of article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, pandemics, lack of production or transport not due to personal action, disruption of supplies, wars, riots, insurrections and more generally any circumstance or event preventing the Company to properly perform its obligations;

 

- in the event that the information, data, instructions, directives, materials or supports communicated by the Client are erroneous or incomplete, and more generally in the case where the non-performance or defective execution of the Services results in all or part from the behaviour, a breach or deficiency on the part of the Client;

 

- in the event of use of the results of the Services for an object or purpose different from those for which the Service Provider intervened, incorrect implementation of the Service Provider's recommendations or failure to take into account the reservations expressed by the Service Provider.

 

In any event, the Service Provider incurs no liability for any indirect or immaterial damage or harm such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of exploitation, damage or commercial disturbance or damage to image, which could result from the defective supply or absence of supply of the Services.

 

The Service Provider's liability cannot exceed an amount equal to the price excluding taxes collected from the Client for the provision of the Services during the last twelve (12) months.

 

In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Client against the Service Provider is subject to limitation upon the expiration of a period of one (1) year following the date on which the Customer concerned was aware or is presumed to have been aware of the harmful event.

 

Article 9 – NON-SOLICITATION

 

The Customer is prohibited, for the entire duration of these General Conditions increased by a period of one (1) year after their termination or end for any reason whatsoever, from inciting or attempting to instigate, directly or indirectly and in any manner whatsoever, any employee, consultant, agent or representative of the Service Provider, to leave the Service Provider or enter the service, in any manner whatsoever (as employee, agent, consultant, shareholder or other) , from another company.

 

Article 10 - CONFIDENTIALITY

 

During the period of provision of the Services, each party may become aware of or receive confidential information, documents and/or data about the other party. Therefore, each party undertakes, both in its own name and in the name of its employees for whom it stands strong, to preserve the strict confidentiality of all confidential information, documents and/or data of any nature in connection with the results, business or goodwill of the other party or any information received or obtained from a party in the course of or in connection with the performance of the Services.

  

This confidentiality commitment of the parties is valid, both for the duration of the provision of the Services and for a period of two (2) years following their provision.

 

Article 11 - INTELLECTUAL PROPERTY

 

The Client must be the holder of all exploitation rights to the works or intellectual property rights provided for the provision of the Services.

The same applies to all distinctive signs and graphic charters (drawings, brands, photographs, etc.) which could be affixed to any communication medium whose creation is entrusted to the Service Provider.

 

The Client undertakes to verify that he has all the rights or authorizations necessary to use the keywords on which the Service Provider bids, in particular when the keywords represent registered trademarks. It undertakes to regularly check whether brand names, of which it is not the owner or for which it does not have written authorization for use, are used in the campaigns created by the Service Provider . It guarantees the Service Provider against any third party claims. If applicable, the Service Provider may immediately remove the keywords concerned.

 

If the Service Provider uses content whose intellectual property belongs to the Client, the latter grants it a non-exclusive license of free use, without limitation of duration, transferable, and sublicensable, in order to use the work composing the mission of the Client necessary for the Service Provider and/or its subcontractors for the execution of the mission.

 

It is recalled for information purposes that according to the French Code of Intellectual Property (articles L.121-1 to L.121-9), the moral right of a creation (including right of disclosure, right to respect of the work and right of withdrawal) is attached to its creator in a perpetual and imprescriptible manner.

The Client acknowledges and accepts that the pre-existing Intellectual Property Rights used by the Service Provider for the Services and/or included in the work may be the property of third parties and that their use by the Client in the context of the work will be conditional on the obtaining by the latter the necessary licenses and agreements.

The Service Provider then indicates to the Client the limits of use of any third party rights on the selected creations.

If the Client were to carry out or have carried out by a third party the provision of Service which would have been defined by the Service Provider, the Client would be liable for damages and interest of a sum equal to 50% of all the quoted and plagiarized projects. , in addition to compensation for any damages likely to be attributed to the Service Provider.

 

Article 12 - PERSONAL DATA

 

12.1 Nature of personal data collected

 

The Service Provider undertakes to only collect personal data that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. No personal data considered “sensitive”, such as racial or ethnic origin, political, philosophical or religious opinions may be requested or collected from the Client.

 

The Client is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the performance of the Service. Among the Customer's personal data that the Service Provider collects from him may include:

 

- Their first and last names

- Their email address

- His telephone number

 

12.2 Purpose of processing personal data

 

For the purposes of carrying out the Services and depending on the instructions given by the Client, the Service Provider may be required to consult, on the tools and platforms made available by the Supports or analytical solutions of the Client , certain data relating to Internet users exposed to sponsored link and Social Ads campaigns (such as individual Internet user sessions including, where applicable, unique session identifiers and/or custom audiences provided by the Advertiser), and qualify as personal data within the meaning of of article 4.1 of Regulation (EU) 2016/679 known as “GDPR”.

 

The data collected may be used as part of the service in order to establish reports, analyzes of campaign performance and, where applicable, targeting custom audiences provided by the Client as part of the campaigns. and to allow the Service Provider to improve and personalize the Services.

 

Personal data may be collected and used by the Service Provider for commercial purposes and may be transmitted to companies responsible for the management, execution and processing of payment transactions.

 

12.3 Conservation, security and confidentiality of personal data

 

The personal data collected are processed and stored under conditions aimed at ensuring their security and are kept for the duration strictly necessary to achieve the purposes referred to in article 9.2 of these General Conditions above. Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation of any nature whatsoever.

 

This data may also be kept for security and conservation purposes, in order to comply with the legal and regulatory obligations to which the Service Provider is subject.

 

The Service Provider undertakes to put in place technical and organizational security measures to guarantee the security, integrity and confidentiality of all personal data, in order to prevent them from being distorted, damaged or unauthorized third parties have access to it.

 

However, it is specified that no security measure is infallible, the Service Provider cannot guarantee absolute security of the Customer's personal data.

 

 

12.4 Transfer of personal data

 

Personal data may be transferred to countries outside the European Union (such as Australia or India) for the purpose of carrying out performance reports, establishing statistics or studies. behavior.

 

In accordance with the General Data Protection Regulation, all transfers of personal data to a country located outside the European Union and/or not offering a level of protection considered sufficient by the European Commission have been subject of cross-border flow agreements in accordance with the standard contractual clauses issued by the European Commission.

Except in the case where a third party asks the Customer to accept a confidentiality charter and conditions of use specific to it, the third party companies having received communication of the User's personal data have undertaken to process their data of a personal nature only for the implementation of the Service Provider's Services.

 

The Service Provider undertakes to never share the Client's personal data, without having obtained their prior consent, with third-party companies for marketing and/or commercial purposes.

 

However, the Service Provider may be required to disclose the Client's personal data to administrative or judicial authorities when their disclosure is necessary for the identification, arrest or prosecution of any individual likely to harm the Service Provider's rights. , any other customer or a third party. Finally, the Service Provider may be legally required to disclose the User's personal data and cannot oppose it in this case.

 

 

12.5 Customer rights over their personal data

In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”), all Customers have the right to access, rectify and delete personal data concerning them, which they can exercise directly to the Service Provider's customer service by contacting them at the email address hello@27degrees.media, attaching a copy of an identity document to their request.

 

In addition, within the limits set by law, the Customer also has the right to object to the processing, to limit it, to decide the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.

 

Article 13 – DURATION – TERMINATION

 

These General Conditions are concluded for the duration of the provision of the Services, as mentioned where applicable in the special conditions or in the quote.

 

The Service Provider or the Client may terminate the General Conditions automatically in advance by sending a written notification sixty (60) days end of the month by registered letter with acknowledgment of receipt.

 

The Customer may also terminate the General Conditions

• in the event of the occurrence of a case of force majeure referred to in article 8 hereof;

• after having notified the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within fifteen (15) days (when it can be remedied for this breach) following written notification indicating the nature of the breach and the need to remedy it.

 

Article 14 - NOTIFICATIONS

 

Any written notification or summons required or permitted under the provisions hereof will be validly made if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in in the event of termination of these presents), addressed to the contact details of the party concerned, each party electing domicile at its registered office.

 

Any change of contact details of a party for the purposes hereof must be notified to the other party in accordance with the terms provided above.

 

Notifications sent by hand or by courier will be presumed to have been made on their date of delivery to the recipient, as attested by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be presumed to have been made on the date of their first presentation to the recipient's address. Notices made by email will be deemed to have been given on the date the email is sent.

 

Article 15 – MARKETING/ADVERTISING

 

The Client accepts that the Service Provider uses the client's name and/or logo for reference purposes and to mention it in its marketing documents and/or on its website and in its press releases. Any other communication relating to the service by a Party must be made in coordination and with the prior written agreement of the other Party.

 

Article 16 - AUTONOMY AND ABSENCE OF WAIVER

 

If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not to be applicable. written and the other stipulations would remain in force.

 

The fact that the Service Provider does not take advantage, temporarily or permanently, of one or more stipulations of the General Conditions will in no case constitute a waiver.

 

Article 17 – MODIFICATION

 

The Service Provider reserves the right to modify the content of these General Conditions at any time for the placing of new orders for Services.

 

Any order following a modification made to the General Conditions will imply acceptance by each Customer of the new version of the General Conditions which will be communicated to them.

 

Article 18 - DISPUTES

                                    

Disputes that may arise within the framework of the contractual relations established between the Client and the Service Provider must be resolved, as far as possible, amicably.

 

In the absence of amicable settlement within one month from the referral of one of the parties, all disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences, and their consequences, will be submitted to the Commercial Court of Mont-de-Marsan (40).

 

Article 19 - APPLICABLE LAW & LANGUAGE OF THE CONTRACT

                 

These General Conditions and the operations resulting from them are governed and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be authentic in the event of a dispute.