Terms of service

 Applicable only to contracts concluded on or after1 January 2022
ImpFinance   , hereinafter referred to as "ImpFinance  . » located at AVDA,  MARE DE DEU DE BELLVITGE 76 P07 1 L'HOSPITALET DE LLOBREGAT, BARCELONA, NIF: 02397477A.
These General Terms and   Conditions of Sale of Services, (hereinafterGTCSP), to which are added the  special conditions  (hereinafter CP)  constitute the  contract between ImpFinance  ,  (hereinafter the Service Provider) and the Customers, and are automatically applicable, unless   provisions apply.  of  public order,  to the services  provided byImpFinance   or its   commercial  partners, as part of  its  services offered online from  its website https:// www.impfinance.pro  .
To be able to  benefit from the services, the  Customer must,  after having read them,  accept without reservation, the  GCVPS, have consented to the privacy  policy available here: https:// www.impfinance.pro /privacy-and-cookies-policy/andthe data protection  policy, available here https:// www.impfinance.pro/agreement-protection-data-st-rt/.
In the event that additional services do not give rise to the signature of an estimate, the  parties agree that the services provided are fully subject to these GTCS.
By express agreement, the  signing of  the contract entails acceptance as   proof of electronic communications  (emails, etc.)    exchanged  between ImpFinance   and the Client The printing of these electronic communications is considered as an authentic writing  between the Parties.
The Client guarantees to have the capacity to contract and to have the necessary  authorizations and delegations to  do so and to bind the legal entity he represents.
Access to the Services is subject to compliance with these terms and conditions.
ImpFinance    reserves the right to  modify  these GCPS at any time.  ImpFinance   notifies  Customers of  changes made by way of announcement
Electronic from  the  back office eight (8) days before the changes come into effect.
In   the event   of substantial  changes, the  following hypotheses should be distinguished:
–    Either the Customer consents to such substantial changes  in which case they will automatically enter  into force without further formality.
–    Either the Customer refuses substantial changes , in which case :
For fixed-term commitments affected by substantial changes, the contractual conditions, applicable on the day of the  initial commitment, will be maintained until the end of the commitment. 
 For commitments of   indefinite duration  and concernedby  substantial modifications, the  Customer has the  right to terminate the contract,  free of charge,  by simply sending a registered letter with acknowledgment of receipt, in the     Thirty (30) days  from  notification.
In this case, the Client  undertakes to pay ImpFinance   the  sums corresponding to the  Services used until the  day of the  effective date  of  termination, if necessary  calculated in proportion to  the initial commitment  and  the period that has elapsed.
   ImpFinance  ,  expert in  strategy and digitalization, supports companies in  their transformation in  the digital age   in areas  as varied as:
-           Creation or migration  of an onlinesalessite
-           Graphics
-            Project Management
-           Formation
-           Web marketing
-            Webdevelopments
3.             QUOTE
The order for services isthe subject of  an estimate which,  after signature,  will constitute the special conditions  of the contract (hereinafter CP).
It will possibly be accompanied by specifications (hereinafter SOW) whose purpose is to   identify the  needs of  the Customer in order to, for  ImpFinance  ,  to associate the services most in line with said needs, define the terms and mode of execution of     the conduct of    project  ,  establish the schedule  detailing the actions and obligations of the Client and the service provider, provide for the  estimated deadlines for completion considering that they are intrinsically linked to compliance with the  schedule and  the execution of the missions incumbent on the Client and, the CP applicable to the services  chosen.
The quote is validfor  30 days  from  the date of issue.
The acceptance of the quote by the Customer is materialized by the signature by electronic means, signifying by the same, his acceptance, without reservation, of the CGVPS and  CP and his full knowledge of the contractual obligations incumbent on him. The signature of the quote is worth contract.
The deadlines given for  information purposes onthe quote  will be automatically re-evaluated according to the date of acceptance of the quote and the new availability of the  production schedule. 
The start of the services is suspended to the first of the payments fixed by theestimate.
If   , in the course of  the provision of  services   , a need for additional  services arises as a  result of an extraordinary  event attributable to
ImpFinance  , either an evolution of the Client's needs, the parties agree that these new services will be the subject of anadditional  estimate.
In the event of difficulties or significant changes during the execution of the contract, theparties undertake to make their best efforts to find an agreement allowing the continuation of the relationship.
ImpFinance  , to complete its offer, may have to call on third-party  service providers if it  deems it useful if necessary, knowing that it will nevertheless retain    full  control of project management  and the responsibility of the performance of these ancillary services.
The proper delivery of the services will be attested by a report which, if signed by the Customer,  will be deemed to comply with the estimate, in quantity and quality.
The Customer will nevertheless have  a period of  5 days   from   the  provision of the services to   assert any claim relating to   the  good  and full performance of said services, and this with regard to the contract, claim  which must necessarily be accompanied by convincing supporting documents and transmitted by any means left to the discretion of the Customer, to be validly admissible.
In the event of a justified reservation  , ImpFinance   undertakes to intervene within  forty-five (45) days to  reach their lifting within the  framework of a collaboration with the Customer who also  undertakes to do so  .
It is  recalled that the right of withdrawal is not applicable in  principle in relations  between professionals.
As an exception to this principle and pursuant to Article L121-16-1 III. of the Consumer  Code,  known as the Hamon Law,  this principle has been extended to professionals, under conditions: 
1.                 The   contract    must   be       concluded   off-premises
–     In a place that is not the one where the professional carries out his   activitypermanentlyor habitually, inthe simultaneous physical presence ofthe parties, including  following a solicitation or an offer made by  the Subscriber  ;
– Or inthe place where the professional carries out his activity  permanentlyor habitually or by means of a means of distance communication,immediately after the Subscriber has been solicited personally and individually in a place different from that where the professional practises in 
permanence or  habitual  its activity and  where the parties were,  physically and simultaneously, present;
– Or during an excursion organized by the professional for the purpose or effect of promoting and selling goods or services to the Subscriber; Limitation – exclusion of   distance contracts
Professionals therefore do not have a right of withdrawal for distance contracts       understood as contracts concluded without the   simultaneous physical  presence of  the parties, by the exclusive use of one or more means of   distance communication until  Conclusion of the contract.
2.   The object of the  contract  must not fall within the scope of the  main activity  of the
3. The number of employees employed by the professional must be less than or equal to five.  When the three aforementioned conditions are met, the company, like any consumer, may withdraw within 14 days of the conclusion of the contract.
  ImpFinance   draws the attention of  Subscribers to    the fact that it does not mandate any  Intermediary in any way whatsoever  for the  purpose of soliciting potential customers or concluding Subion Contracts.
  Consequently, none of the Subion Contracts concluded through the Intermediaries can be considered as a so-called "off-premises" contract, offering the exercise of  a right of withdrawal.
The price andthe  terms of  payment of  the services are fixed by the  estimate which,   by the  signature of the  present, has become the  particular conditions   of the  contract between    the parties.
Our services   are reserved for  professionals, the rates
are in euros and are expressed excluding  taxes.
 Payment is made by  credit card, SEPA mandate or  bank transfer, for  fixed-term services and exclusively by bank card or   SEPA mandate, for services of indefinite duration. No discount is granted in case of early payment
Invoices are payable upon receipt unless otherwise stated in thequotation.
Invoices are sent by email, on the date of publication, to the email address thatvalidated the contract, in PDF  format.  Any request for duplicates will  therefore be  considered  as an additional service and will be charged € 7.50  per act
In case of delay in payment, ImpFinance   will automatically invoice the Customer late penalties calculated at the legal rate in force. These late penalties will be calculated as   follows :
Late penalties = (amount including VAT of the invoice * LEGAL RATE APPLICABLE FOR THE SEMESTER) * (number  of days late in the semester / 365).
In accordance with the provisions of the Commercial Code, the Applicable Legal Ratemeans the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.    Late payment   penalties are payable the  day following the   settlement date without the need for a reminder.
Failure to pay automatically entails for the service provider the possibility of suspending theperformance of the service in progress and suspending any new commitment.
The Customer in a situation of late payment is automatically debtor, vis-à-vis ImpFinance   of a fixed compensation for recovery costs in the  amount  of  forty (40) euros.
ImpFinance   may also decide to apply as a penalty clause,  in accordance with the provisions of Article 1231-5 of the Civil Code, an increase of an amount equal to 20% of the principal T.T.C.  remaining due,  increased by the  cost  of  legal and recovery costs incurred, without prejudice to the continuation, suspension or termination of the current Contract  .
In case of rejection by the banking institutions concerned of the means of payment used by a Customer, a rejection fee of fifteen (15) euros will beautomatically charged to the Customer. In addition, the means of payment that gave rise to the  rejection will in future no longer be authorized by ImpFinance   for subsequent payments, and the Customer will have to  choose another  means of payment.
Where payment terms are agreed, such as payment in   instalments, failure to pay a single payment term renders the entire claim payable.  It entails,  without payment of compensation of   any kind whatsoever  , the immediate suspension of current benefits.
If the payment incident is consecutive to an abusive opposition made by the Customer,     ImpFinance    reserves the  right to take  legal action in  order to claim, in addition to the principal, compensation for the compensation of the damages suffered.   
In the event  ofa payment incident   and/or      deterioration of  the  Client's solvency  and/or uncertainty as to its ability to meet its commitments, ImpFinance   reserves   the right to request payment terms.    stricter  –  such as a deposit or advance payment for all or part of the services and/or requiring additional  guarantees from  the Customer.
In the event of the   Client's refusal to implement these   provisions, ImpFinance   shall have,  without payment to the  Client compensation of  any nature  whatsoever, the right to immediately interrupt the performance of current and/or future services  . 
For any purchase of subion, the duration of the contract will be one (1) month from the date of order, renewable by tacit agreement per monthly period.
  The party  wishing  not to  continue the contract, at the  end of the current  period,  must inform the other party of its decision, at least eight (8) days before term by    registered mail AR.  
The unsubion will be deemed active atthe  end of the committed  period.
For all other services, the contract automatically ends on the date provided for in the estimate.  Early termination   is therefore   impossible and the  customer is   obliged to pay all sums  provided for in the estimate.
ImpFinance   can offer its  Clients the intervention of third-party partners and Internet  Centers of Expertise  among its network of  qualified  professionals.
The Client remains free to contract or not with the Partner or Centre of Expertise
Internet concerned.
In any case, if the Client and the partner or the Internet Expertise Centerenter into a contractual relationship  for the  performance of services,  ImpFinance   must be considered as a third party to this contractual  relationship  , the one -  ci exercising no influence on the performance of the service of its partner, the  latter remaining  solely responsible for the services it performs for the Client.
The www.impfinance.prosite, as well as all blog content sites, forums, online help,  and their local variations (.FR, .IT, .ES, .CO, .UK, etc.), published by  ImpFinance  , are the exclusive property  of ImpFinance  .
All elements protected by intellectual property rights made available to the Customer as part of these services remain the exclusive property of ImpFinance  .
12.1  – Data collected
To use the ImpFinance     Website  and  the services it offers, Customers and users ("Users") are required   to provide  ImpFinance   with personal information about  themselves.
In  particular, Customers and  users must provide the   data required during the  registration process in the  mandatory fields to benefit from   the services.
In the absence of a response, registration for the proposed  service cannot be made.
12.2  – Purposes
The data provided when  registering for the ImpFinance   Website  and
The use ofthe  services will be processed for the following purposes:
– access to the Services ;
– sending newsletters from ImpFinance   ;
– the establishment of invoices ;
– the production of statistics on the use of the ImpFinance   Website  ;
– improving marketing and promotional efforts as well as the contents and  offers of the ImpFinance   Website  ;
–  receivingpersonalized offers.
12.3  – Recipients of the processing
The data is intended for ImpFinance   staff  for the management of the  ImpFinance   S Website  and services.   Some data  may be   accessible to  Internet users and may    be transferred to commercial  companies for  commercial prospecting  purposes in an anonymous  form.
However, some information, such as password, credit card number, bank account number is not communicated to these companies,even in compiled  form.
In special circumstances, ImpFinance   may be required to disclosethe  data, when they are required by the judicial and/or administrative authorities.
12.4  – Data retention 
The Client's data is kept confidential  by ImpFinance   for the  purposes of the contract,  its execution and in compliance with  the law.
The data is kept by ImpFinance   for the period strictly necessary to achieve the purposes referred to above. Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation.
ImpFinance    also  has the obligation to  keep the data  allowing the identification of  users making  illegal content available  for the   purpose of transmitting this data to the competent authorities on judicial requisition   to    the exclusion of  any  other third party, under the conditions provided for by  law.
12.5  – Data transfer 
 As part of the normal course of its activities, ImpFinance   collects and  processes information about Customers and Users in Spain and around  the world. It is possible that some information is hosted by a technical service  provider located in Spain or in any other country of the world, the role of  the latter being strictly limited to a technical service of  storage  of information.
   The entire policy  related to data  transfer processing  implemented  by ImpFinance   is detailed in the data protection policy available from the following link: https:// www.impfinance.pro/policy-of-privacy-and-cookies/ .
12.6  – Rights of Customers and  Users
C o nfo rm e m e n t  to l a lo i n°7  8-17 du 6 j a nv i e  r  1978 r e l a t i ve to the i nform a tiq u e aux  files and freedoms and to Regulation (EU) 2016/679 of the European Parliament and of the  Council of 27 April 2016 on the protection of natural persons with regard to  the processing of data  to  personal nature  and   the free movement of  such data, and repealing Directive 95/46/EC (General Data Protection   Regulation   known as GDPR), ImpFinance   ensures the   implementation of  the  rights of  individuals Concerned.
It is recalled thatthe  Customer  and the User    whose  personal data are processed has the rights of access, rectification, updating,  portability   and deletion of information  concerning  him, in accordance with  the provisions of Articles  39   and  40 of the amended  Data Protection Act, and the  provisions of  Articles 15, 16 and 17 of the European General Regulation on   the Protection   of Persons (GDPR).
Thus,  Customers and  Users may    demand that  data  concerning them that is inaccurate, incomplete,  ambiguous or outdated be rectified,  completed,  clarified, updated  or deleted.
 In accordance with the provisions of Article  38 of the  amended   Data Protection Act and the  provisions  of  Article 21   of the GDPR  ,    the  Customer or User may also, for reasons   legitimate,  oppose the processing of data concerning  him, without  reason and without charge.
   If they wish to consult the data provided to ImpFinance  , cancel their subion to all or part of the Services, the newsletter or any other service, or  exercise their rights, they may either (i) consult and/or  make the  necessary   changes  to the   data in its  personal information pages, or (ii) send this request by registered letter with acknowledgment of receipt to the following address  :
ImpFinance    – Customer Service –AVDA, MARE DE DEU DE BELLVITGE 76 P07 1 L'HOSPITALET DE LLOBREGAT, BARCELONA, or   by   email at support@impfinance.pro.
It is specified that the Customeror  User must be able to  prove  his identity  , either by scanning an identity document or by sending ImpFinance   a photocopy of his  identity   document.
   The entire policy related to the processing of personal data implemented  by ImpFinance   is detailed in the  PrivacyPolicy  and theDataProtectionPolicy.
12.7  – Cookies
The use of  cookies facilitatesthe  management of the   ImpFinance   Website, as it  makes it possible to  recognize the IP address of Internet users, to carry out statistical studies and to measure an audience share, in order to offer a service that is as personalized as possible.    
Customers and Users who wish to register on the ImpFinance  Website  and benefit from the Services consent that Cookies as detailed in thePrivacyPolicy may be placed by default on their terminal.
The use of cookies is very common on the  Internet. Nevertheless, it is possible to oppose their insertion by configuring the preferences of the computer's browser so as to no longer accept cookies. If the Customer or User chooses not to accept cookies on his browser, he will not be able  to  benefit from the Services in their entirety, registration being necessary for any use.
The information stored in your terminal (cookies) or  any other element used to identify the Customer or User for audience statistics purposes is not kept beyond a period of thirteen (13) months.
12.8  – Security
ImpFinance   undertakes to implement all technical and  organizational measures to ensure the security of our processing of personal data and the  confidentiality of your data, in application of the Data Protection Act and the European Data Protection Regulation (RGPD) e t de l a  l   o i n  °20 1 8-133 d u 26 f e v r  i e r  2018 « po r t ant  di v e r s es d i   s po s i tion s adaptation to European Union law in the field of security'.
As such, ImpFinance   takes the necessary precautions, with regard to the nature of yourdata and the  risks presented by our processing, to preserve the security of the data and,  in particular, to prevent them from being distorted, damaged,  or that unauthorized third parties have access to them (physical protection of the premises, authentication process of our Customers with personal and secure access via  Confidential usernames and passwords, logging of connections,  encryption of certain data, etc.).
12.9  – Subcontracting
In addition,  with regard to  the  operation by the  Customer of   its Website, it is recalled that ImpFinance   will have the status of subcontractor within the meaning of Article 28 of  the European Data  Protection  Regulation (GDPR).
  As such, ImpFinance   undertakes to:
– take all necessary precautions with regard to the nature of the data and the risks presented by the processing to  preserve the    security of the   Customer'sdata and Contentand in particular to prevent any distortion, damage, loss and/or access byunauthorized  third parties  beforehand, and to present sufficient guarantees as to the implementationof appropriate technical and organisational measures, so thatthe processing meets the requirements of the GDPR and guarantees the protection ofthe rights of the individual.
–   notto process, consult the data and  contents for purposes other  than
the performance of the services performed  hereunder  ;
–process,  consultthe dataand   Contentof the Customer only withinthe  frameworkof the instructions and authorization of  the   latter,
–  not to insert  foreign data  into the Customer's databases,
–  take all measures to prevent any misuse, malicious or fraudulent use of the Customer's data and Content.
  ImpFinance   may have to use a subcontractor then called " subcontractor" to perform  certain specific  processing activities.  The entire   policy related to these stakeholders selected by ImpFinance   is detailed in the Data Protection Agreement.
Considering the  nature of the services performed,  ImpFinance  's obligation  of means to have to perform the services in accordance with the rules required in its field   of expertise and   intervention, under the  terms  and   conditions of the agreement, as well as in compliance with applicable legal and regulatory provisions  .
The Customer undertakes to make available to the service provider within the agreed deadlines, all the information and documents essential forthe proper performance of the  service as well as for the  proper understanding of  the problems raised.
The responsibility of the service provider can not be engaged for an error caused by a lack of information or  erroneous information transmitted by the Customer  ,  or a delay   caused   by the Customer which would result in  the  impossibility of meet deadlines agreed upon or prescribed  by law.
The liability of the service provider,  if proven  , will be limited to fifty  percent (50%) of the  total amount excluding taxes actually paid by the Customer  for the service provided by the provider on the date of the complaint by registered letter  with acknowledgment of receipt. 
Each party is liable to the other for any breach of its obligations.
ImpFinance   cannot  be held liable if the non-performance or delay in the performance of one of its obligations described in these General  Terms and Conditions of Use  results from a case of force majeure.
Force majeure exists in contractual matters when an event beyond the control of the debtor,which could not reasonably have been foreseen at the time of the  conclusion of the  contract and whose  effects cannot  be avoided by appropriate   measures, prevents the performance of his obligation  by the debtor.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the  impediment is definitive, the contract is automatically terminated and the parties are released  from  their obligations under the  conditions provided for in   Articles 1351  and 1351-1  of the  Civil  Code.
  As such, ImpFinance    cannot be held liable in particular in the event of an  attack by hackers, the unavailability of equipment,  supplies, spare parts, personal or other equipment,  interruption of electronic  communications networks, as well as in the event of  the occurrence of  any  circumstance or event beyond  the  control  of  ImpFinance   occurring after the conclusion of the General Terms and Conditions of Use and    preventing execution under normal  conditions.
It is specified that,  in such a  situation, the  Customer may not  claim the payment of any compensation and may not bring any recourse against impfinance.  
In the event of the occurrence of one of the aforementioned events, ImpFinancewill endeavor to inform the Customer as  soon as  possible.
  If for any  reason whatsoever all  or part of one of the   above provisions   were to be cancelled, the other provisions   would nevertheless  remain  in full force effect.
The fact that one of the Parties has not required the application of any clause of these GCPS, whether permanently or temporarily, can in  no way be considered as a waiver of said clause.
In case of  difficulty of  interpretation between any of the titles  appearing at the  head of the clauses, and any of these, the titles will be declared non-existent.  
  If  any of the  stipulations of  these GCVPS were to be null and   void with regard  to a  legislative or regulatory provision in force and/or a court decision having the force   of  res judicata, it will be deemed to be  deemed to  be   unwritten  but will  not affect  the validity of the other clauses which will remain fully applicable.
The parties remain independent of each other.  Nothing in the  GCVPS creates a   partnership  agreement  ,  mandate or representation or  a relationship of subordination between the parties.
ImpFinance and the Client and their collaborators undertake respectivelyto  consider confidential, throughout the duration of the contract and one (1) year after its expiry – for any reason whatsoever – all documents,  software,  know-how,  data and  material  and  immaterial information, communicated by the other party for the execution of these terms and conditions and to    not  to  use them or cause them  to be used outside the needs of the contract.
Unless otherwise indicated, any notification of complaint and/or observation by the Client or a User must be sent to  ImpFinanceby registered letter with acknowledgment of receipt to the following address  :
Customer Service
However, prior to any legal recourse, preference will be given to negotiation in a  spirit of loyalty and  good faith with a view to reaching an amicable agreement.
The Party wishing to implement the negotiation process must inform the other Party by registered letter with acknowledgment of receipt indicating the  elements of the conflict. If at the end of a period of one (1) month, the Parties  are unable to reach an agreement, the dispute will be submitted to the competent court  designated above.  The course of the preion will be suspended at
From the implementation of the clause, i.e. the date of receipt of the  act of information sent by registered letter with acknowledgment of receipt. The suspension of the limitation period will end on the date of the signing of a conciliation   or  non-conciliation report.
In the event ofa refusal by  one of the  Parties to sign the said report, the other Party may take note of  this refusal by informing it that in the    absence  of a  reaction  on its part in a   Within five (5) working days, the referral to the competent judge will be possible. Throughout the  negotiation process and until its conclusion, the Parties shall refrain from  bringing any legal action against each other and for the conflict under negotiation.
By way of exception, the  Parties are authorized to  seize the  court of  interim relief or to request   the   pronouncement of an order on request. Any action before the  court for interim relief or the implementation of a procedure on request does not entail  any waiver on the  part of the Parties of the amicable settlement clause,  unless  expressly  wishes otherwise.