Terms of service
- GENERAL TERMS AND CONDITIONS OF SALE OF SERVICES
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 .
1 – ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE OF SERVICES – MODIFICATIONS
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.
2. NATURE OF THE SERVICES PROVIDED
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 .
4 – RIGHT OF WITHDRAWAL
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
professional.
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.
5. RATES AND TERMS OF PAYMENT
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
6. LATE PAYMENT
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.
7. PAYMENT INCIDENTS
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.
8 – DEPOSITS OF GUARANTEES, ADVANCES
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 .
9. DURATION
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.
10 – CONNECTING CUSTOMERS WITH PARTNERS AND CENTERS
INTERNETEXPERTISE
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.
11 – INTELLECTUAL PROPERTY
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 – PROTECTION OF PERSONAL DATA
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.
13 – GUARANTEES AND LIABILITY OF ImpFinance
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.
14 - FORCE MAJEURE
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.
15 – PARTIAL INVALIDITY
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.
16 – INDEPENDENCE OF THE PARTIES
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.
17 – CONFIDENTIALITY
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.
18 – NOTIFICATION / COMPLAINT
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 :
impfinance
Customer Service
AVDA, MARE DE DEU DE BELLVITGE 76 P07 1 L'HOSPITALET DE LLOBREGAT, BARCELONA
19 – L O I APPLI C ABL E E T JUR I D IC T I O N COMP E T EN T E
THE COMMERCIAL COURT OF BARCELONA SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE REGARDING THE CONCLUSION, EXECUTION AND TERMINATION OF CONTRACTS BETWEEN ImpFinance AND ITS CUSTOMERS, EVEN IN THE EVENT OF MULTIPLE DEBTORS, CLAIMS OR REFERRALS.
RELATIONS BETWEEN THE CUSTOMER AND ImpFinance ARE SUBJECT TO FRENCH LAW.
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.
- GENERAL TERMS AND CONDITIONS OF SALE OF SERVICES
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 .
1 – ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE OF SERVICES – MODIFICATIONS
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.
2. NATURE OF THE SERVICES PROVIDED
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 .
4 – RIGHT OF WITHDRAWAL
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
professional.
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.
5. RATES AND TERMS OF PAYMENT
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
6. LATE PAYMENT
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.
7. PAYMENT INCIDENTS
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.
8 – DEPOSITS OF GUARANTEES, ADVANCES
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 .
9. DURATION
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.
10 – CONNECTING CUSTOMERS WITH PARTNERS AND CENTERS
INTERNETEXPERTISE
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.
11 – INTELLECTUAL PROPERTY
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 – PROTECTION OF PERSONAL DATA
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.
13 – GUARANTEES AND LIABILITY OF ImpFinance
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.
14 - FORCE MAJEURE
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.
15 – PARTIAL INVALIDITY
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.
16 – INDEPENDENCE OF THE PARTIES
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.
17 – CONFIDENTIALITY
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.
18 – NOTIFICATION / COMPLAINT
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 :
impfinance
Customer Service
AVDA, MARE DE DEU DE BELLVITGE 76 P07 1 L'HOSPITALET DE LLOBREGAT, BARCELONA
19 – L O I APPLI C ABL E E T JUR I D IC T I O N COMP E T EN T E
THE COMMERCIAL COURT OF BARCELONA SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE REGARDING THE CONCLUSION, EXECUTION AND TERMINATION OF CONTRACTS BETWEEN ImpFinance AND ITS CUSTOMERS, EVEN IN THE EVENT OF MULTIPLE DEBTORS, CLAIMS OR REFERRALS.
RELATIONS BETWEEN THE CUSTOMER AND ImpFinance ARE SUBJECT TO FRENCH LAW.
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.