Special conditions for the provision of services
Attention / disclaimer
Please read these Special Service Conditions carefully before using the services offered by the company WE LINK (hereinafter the “ Company ”) on the website accessible at the address http://www.katchr.uk/ (hereinafter the " Website ").
These Special Service Provision Conditions (hereinafter the “CPPS”) define the conditions and obligations relating to the subscription to the services offered by the Company on the Website.
Any use and / or recourse to the services offered by the company to Professionals (defined below) imply the unconditional acceptance of these CPPS. The mere fact of using said services entails the pure and simple acceptance of these CPPS, which the Professional expressly declares and acknowledges.
The use of the services provided on the Website is exclusively reserved for persons capable of entering into contracts under French law.
The Website is in no way an official website of the Professional Advertising Regulatory Authority. The Website is private and separate from any official body / administration.
The Company is a simple technical intermediary within the meaning of article 6-1-2 of the law for confidence in the digital economy of June 21, 2004.
1.object - validation - acceptance
1.1. These CPPS define, on the one hand, the legal framework for taking out a professional subscription published online on the Site in the Specialty Area (hereinafter defined) by any professional in the sector (hereinafter referred to as " Professional "), As well as the relationships that may be established on the Website with other users including in particular potential Customers, these with the rights which are recognized to them, but also with the founded duties, regardless of what is targeted herein.
The use and / or recourse to the Service offered by the Company to the Professional implies their unconditional acceptance of these CPPS. The mere fact of using the Service entails the pure and simple acceptance of these CPPS.
It is specified as necessary, that the Professional can save or print these CPPS, provided however not to modify them.
The version of the CPPS available on the Website will prevail, where applicable, over any other version hereof, with the exception of modifications that may have occurred after its use of the Services, in accordance with common law.
These CPPS may be supplemented if necessary by the General Conditions of Use which together form a single and inseparable contract. In case of conflict, the CPPS will prevail.
A copy of these CPPS will be sent in PDF format, by email, to the Professional, in their version in force at the time of their acceptance under the conditions of article 6.2. below.
2. entry into force - duration
These CPPS are applicable and the Professional undertakes to respect them throughout the duration of use of the Services by the Professional and in particular during the entire duration of the Subscription as defined in Article 4 of the CPPS.
The Professional is informed that the CPPS may be subject to an update at any time under the conditions of Article 15 hereof.
These CPPS were updated on October 6, 2020.
Subsequent modifications to these CPPS will be enforceable against Professionals as of their posting.
3.Checking the adequacy of needs for services
The Professional hereby declares that he has previously verified the adequacy of the Services of the Website for his needs.
He thus declares and guarantees that he has received from the Company all the information and advice that was necessary for him to subscribe to these CPPS and that he therefore waives any dispute on this point.
In this extension, the Professional acknowledges having been informed that the Company is only a technical service provider offering the use of a Profile publication platform and the connection between Professionals and Customers.
It is therefore up to the Professional to verify that the Services offered on the Website are suitable for his needs.
The Professional further declares that he has the knowledge, skills and resources, in particular human and technical, required for the use of the services of the said Platform.
In these CPPS, it is agreed that the following expressions or words, whether used in the singular or in the plural, will have the following meaning:
- "Subscription" : refers to the means of subscription by the Professional to the Services of the Company, for a period of one year, renewable by tacit agreement in accordance with Article 6.1 of these CPPS.
- " Personal data charter ": refers to the Company's personal data charter, established specifically for the needs of the Services provided by the Company, forming an integral part of these CPPS.
- " Client ": refers to the end user who uses the services provided on the Website by looking for a Professional adapted to his needs, thanks to the search module of the Website giving him access to the Profiles of Professionals, for the purposes of contacting them.
- “Identifier Codes” : refers to all the information relating to each Agency, consisting of an identifier and a secure password assigned to the latter in order to be able to access their own Account.
- “Professional Account” or “ Account ”: refers to the computer module of the Website devoted to Agencies and to all the information specific to their status and their use of the Service.
- "Field of Specialty" : designates the field of advertising and communication.
- "Modules ": refers to all the tools made available to the Agency to edit its Profile and publish content relating to its professional activity.
- “Professional” : designates any natural or legal person using the Company's Services for the purposes of being listed on the Website and having a Profile published on said Website.
- "Profile" : refers to the information sheet relating to each Professional, containing their contact details, information on the services they offer as well as on their professional activity, published and accessible on the Website for the duration of the Subscription.
- "Service" : refers to all the services provided by the Company for the benefit of the Professional throughout the duration of the Subscription, namely: the publication of his Profile as well as access to an online messaging service on the Website .
5.description of the service
The Service allows the creation, editing, referencing, publication and posting of a Profile on the Website, through which the Professional can publish and disseminate information on his professional activity in the Area of Specialty or on the agency in which he generally practices.
The Profile is divided into several Modules:
- the "Presentation " module : which allows the Professional to make a brief presentation of his activity;
- the "Training" module : which allows the Professional to inform about his university / educational background;
- the "Information" module : which allows the Professional to indicate his place of practice and any other useful information;
- the "Hourly rate" module : which allows the Professional to publish his price list and how his billing works;
- the "Spoken Languages" module : which allows you to enter the languages spoken by the Professional;
- the "Key figures" module : which allows, where applicable, to present all the members of the Professional's office;
- the "Website" module : which allows you to insert the link to the personal website of the Professional or his firm.
In addition, the Service also offers a private messaging tool between the Professional and the Customers.
All of these Services are provided to the Professional for the duration of the Subscription .
So that the Professional can access the Service, the Company creates an Account for him by collecting with him, by telephone, certain identification information, as well as his bank identity statement (RIB) or his bank card details.
Before validating his Account, the Professional must pay for the Subscription under the conditions of Article 7 hereof.
As such, the Professional receives a summary email of his identification information accompanied by the current version of these CPPS for acceptance, as well as an invoice relating to the price of the Subscription, the payment of which will only be made. at the expiration of a period of 8 (eight) days from the issuance of the invoice.
The duration of the Subscription is twelve (12) months. The Subscription is renewable for the same period of twelve (12) months by tacit renewal, except in the event of termination by the Professional, at the latest fifteen (15) days before the date of tacit renewal of his Subscription, sent to the Company by email to the address email@example.com or by registered mail to the Company's head office.
The Company then undertakes to create the Professional's Profile within seventy-two (72) hours, based on the information provided by the Professional when registering.
The Professional is then contacted by the Company by telephone or by email for the purpose of validating the information and the content of his Profile.
Once the content of his Profile has been validated by the Professional, the Company confirms to the Professional by sending a second email the availability of his Profile and communicates his Identifier Codes to him which will allow him to access his Account and validate the posting of their Profile.
The Professional must obligatorily accept these CPPS by checking the box " I have read and I accept the Special Conditions of Provision of Services ", during his first connection to the Site, when he will have to enter his Identifier Codes.
This step is decisive and the Professional cannot tick this box without having first read and accepted all the clauses of these CPPS.
It is only after having accepted the said CPPS that the Professional can activate his account and upload his Profile by pressing the "upload" button directly on the Site.
By checking the box " I have read and accept the Special Conditions for the Provision of Services ", the Professional expressly acknowledges asking the Company to begin the performance of the Services before the expiry of the withdrawal period if any. benefits under article L221-3 of the Consumer Code.
Once his Profile has been created under the conditions of this Article, the Professional can intervene on the content of his Profile (modify it, complete it, delete it) via the various Modules which are offered to him.
The contract will be considered as concluded between the Company and the Professional only from the acceptance of the CPPS by the latter, effective date of the start of the Subscription.
6.3. professional responsibility
Each Professional recognizes his full responsibility for the use that will be made of his Identifier Codes and of the Website.
He undertakes to perform all actions within his Professional Account under his own Identifier Codes.
Likewise, all acts carried out under these Identifying Codes will be considered to have been carried out by himself.
In the event of forgetting, misuse or unauthorized use of its Identifiers by another person, the Company cannot be held liable under any circumstances and the Professional must immediately inform the Company of this situation, by email to contact @ katchr.uk and / or by post to the following address: WE LINK 52, rue Richer - 75009 Paris - France.
On receipt of this duly justified written notification, the Company will study the file and may, for security reasons, suspend all access to the Account.
The Company will process the Professional's request as soon as possible and will send him the new Identifier Codes by email after verification of his identity.
The Professional remains responsible for the use of his Account by third parties until the Company modifies the Identifier Codes and guarantees the Company against any action or claim concerning the loss of data resulting from the loss or fraudulent use of its Identifier Codes.
The Professional also accepts that the computer or electronic records made by the Company and / or by its suppliers for the delivery of the Service, of all operations carried out in particular through his Account, may be opposed or used before any administrative authority and / or or competent court as evidence.
7.1. the price of the subscription
The price of the Subscription is that communicated by the Company at the time of registration of the Professional for the Service under the conditions of Article 6 hereof.
The price is indicated in euros (€) and corresponds to the payment of the Subscription to the Service by the Professional for the period indicated by the Company at the time of registration or by default for a period of at least 12 (twelve) months.
At any time and without notice, the Company reserves the right to modify its prices.
However, these changes will not affect transactions prior to these changes and the current Subscription.
In the event that the Professional does not wish to pay the new rates, he will be free to terminate his Subscription, respecting the termination conditions provided for in Article 9 of these CPPS.
7.2. Terms of Payment
Payment of the price of the Subscription by the Professional will be made by the latter either in full or in several installments, at the Professional's choice from among the proposals made by the Company when validating his Subscription.
The authorized payment methods are as follows:
- by credit card: payment is made after entering the Professional's banking information by one of the Company's sales representatives by telephone;
- SEPA-type automatic debit directly from the Professional's bank account, the payment information of which will have been provided to the Company when transmitting his automatic debit authorization;
- a bank check by the Professional made out to WE LINK and sent by post to the Company's head office.
The Professional undertakes to provide complete banking information and keep it up to date in order to avoid any payment incident.
To this end, the Professional guarantees the Company that he has all the necessary authorizations to use the means of payment selected at the time of his subscription to the Services and has sufficient funds to cover all the costs resulting from this subscription.
In case of refusal of payment by the bank, the subscription to the Subscription will be automatically canceled and the Professional will be notified by the Company by sending an email.
Each transaction between the Professional and the Company will be the subject of an invoice sent by email to the address provided when registering, summarizing the financial terms of said transaction.
8.exclusion of the right of withdrawal
8.1. right to retract
8.1.1. It is expressly recalled that the Professional does not benefit from the right of withdrawal provided for by article L221-18 of the Consumer Code.
8.1.2. In addition, the Professional cannot benefit from the provisions of article L221-3 of the Consumer Code in that the object of the Contract (promotion of the activity of the Professional) falls within the scope of his Area of Specialty, to know advertising and / or communication.
The Professional can decide at any time to close his Profile and to permanently delete his Account and all the data attached to his Profile.
However, the Professional does not have the right to terminate his registration for the Services before the end of the Subscription, that is to say before the expiry of the period of 12 (twelve) months from his registration.
No reimbursement for the benefit of the Professional will therefore be made as such, whether the Professional has selected a monthly or annual payment.
Professionals have the option of not renewing their Subscription, provided they inform the Company by email at firstname.lastname@example.org or by registered mail to the Company's head office, no later than 15 (fifteen) days before the tacit renewal date of their Subscription.
10. general behavior and guarantees of the professional
10.1. guarantees regarding registration and access to the service
On the occasion of his registration and membership of these CPPS, as after the use of the Service made available to him, the Professional refrains from:
- communicate incorrect or false information for registration;
- indicate any sensitive information of racial or ethnic origin or bearing on political, philosophical or religious opinions, on membership of a trade union, on sex life or health, contrary to good morals and the law.
The Company reserves the right to terminate this contract without notice if everything leads it to believe that this is not the case without the Company undertaking to verify this information.
He must ensure that all information communicated subsequently remains correct and refrains from creating or using on the Website, except authorization, other Accounts than his own under his own identity and / or that of a third party. , being reminded that any identity theft is liable to prosecution and criminal penalties.
Any breach of these commitments may result in the immediate suspension and without notice of his Account as well as the publication of his Profile.
10.2. absence of control of the content of the profile by the company - disclaimer
a) The Professional declares that he has been informed that the Company exercises no control or no verification over the content that the Professional publishes on his Profile, whether this is the first time the Profile is uploaded or during all its subsequent modifications.
The Professional is therefore solely responsible for the accuracy and legality of the information he publishes on his Profile which will itself be accessible on the Website.
The Professional guarantees the Company that the information (texts, images, links, etc.) that he provides and publishes on his Profile are correct, sincere and exact, that they do not contravene any law or regulation or these CPPS, which 'they are not unlawful and / or do not infringe the rights of third parties.
b) The Professional therefore guarantees:
- Be the sole owner of the content he publishes on his Profile and on the Website;
- Not to violate by their publication any of the protected rights, whether it is the rights of the person or those provided for by the Code of intellectual property (copyright, neighboring right, trademark, patents etc.), not to use content, which are of a nature:
o to cause harassment of third parties or to call on third parties to engage in harassment, to incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals;
o to represent scenes of pornography, pedophilia, or any other offensive subject or containing a link with a website reserved for adults;
o solicit personal information from minors;
o to represent or advocate illegal activities or behavior of a defamatory, abusive, obscene, threatening or slanderous nature as well as false or misleading information;
o to offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks;
o to induce, provoke or encourage the transmission of unsolicited e-mails, chain e-mails, massive mailings, instant messages, unwanted advertising messages or unsolicited e-mails;
o to promote or encourage any activity or criminal enterprise or giving indications or instructions on the means of promoting illegal activities, invasion of privacy, the dissemination and creation of computer viruses;
o solicit passwords or personal information from third parties for illegal business purposes;
o to involve commercial activities and / or sales such as contests, advertising lotteries, exchanges, advertisements and pyramids without the written consent of the Company;
o to distribute, reproduce, publish or modify in any way the elements protected by copyrights, trademarks or any property rights belonging to third parties without their prior consent;
The Professional also refrains from publishing on the Website any internet links referring to pages hosting and / or reproducing content contrary to the provisions of these CPPS.
The Professional also undertakes to inform the Company by any written means (postal mail, email) of any request, complaint, legal action, directly or indirectly related to the content of his Profile.
The Professional also undertakes to inform the Company by any written means (postal mail, email) of any change relating to his identification information and in particular any change of his email address, information without which he can no longer be the recipient. emails likely to be sent to him by the Company during the period of use of the Service.
In the event of a breach of this obligation to inform the Company by the Professional, the Company can in no way be held responsible for any consequences related to this breach, in particular the failure to receive by him any future updates of these CPPS sent. by the Company to all its users.
In the event of a dispute by a user of the Platform, the Company reserves the right to remove, without notice, compensation or the right to reimbursement, any content published on the Profile that would violate any provision of these CPPS, and in general, which would infringe or contravene the rights of third parties and prevent the Professional from accessing the Services and his Account.
11. intellectual property
11.1 The Company is the exclusive owner of the intellectual rights on the Website and in particular all the texts, comments, books, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as the databases. of data of which it is the producer, with the exception of the content that the Professional publishes on his Profile and of which he is the exclusive owner.
The Company retains, unless otherwise provided, the right to modify and correct its software. The software provided as part of the Service is delivered as is and without warranty of any kind from the Company, in particular as to the suitability of the functionalities of said software to the needs and requirements of the Professional, non-interruption or 'absence of error, correction of faults, anomalies, etc.
All these intellectual creations are the full and entire property of the Company and are protected by copyright, trademark law, patent law, sui generis database rights and image rights, and this for the entire world.
However, the Company grants a license to reproduce and display the Website, but only and strictly for personal use in the context of viewing this Website and using the Service.
This license however excludes the right for the Professional to modify, copy, translate, distribute, publish, transmit, distribute, produce, display or assign the rights on the Website and through them.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of this code is authorized.
Any other use constitutes an infringement and is punishable under Intellectual Property without the prior authorization of the Company.
As a reminder, placing a hypertext link to the Website, using the technique known as framing or deeplinking or inlinelinking, is strictly prohibited.
Any form of total or partial copying, extraction and reproduction of the database produced and used by the Company on the Website is strictly prohibited without its prior written consent.
11.2 The Company may integrate API modules such as Googlemap, Twitter, LinkedIn and Facebook, developed by third-party companies, the use of which is governed by licenses.
11.3 For his part, the Professional remains the sole owner of the rights attached to the content that he intends to publish and distribute on the Website via his Profile, namely works of the mind in general, such as images, photographs, the texts, and where applicable, the videos, given that the simple fact of having allowed the corresponding files to be published through the Website Service, carries a non-exclusive license granted to the Company to use, represent, reproduce, communicate to the public from the Website or from the Website from any known or future electronic communication network (Internet, 2G / 3G / 4G mobile telephony, tv, adsl, etc.), distribute and even modify the corresponding content in a manner , in the latter case, to meet the needs and technical constraints related to the Service of the Company itself, in particular when it comes to performing digital compressions of video and music files or re-form the said contents and that this license is limited to the uses necessary for the Service only, as long as these contents are available and at the sole will of the Professional apart from any other use outside the Website, except with the prior and express agreement of these latest.
12. data processing and freedoms - personal data
13.1. The Company hosts the Profile and the content that the Professional puts online on the Website.
The Company thus acts only as a technical intermediary, which the Professional recognizes.
Thus, the Company cannot be held responsible for the content that the Professional publishes and which violates the provisions of these CPPS and the law applicable herein.
In addition, the Company cannot be held liable for the content present in the API modules.
If the Professional publishes content in violation of said provisions, he alone will be held responsible for this violation to the full exclusion of the Company.
The Company's liability vis-à-vis third parties can only be engaged after having been notified of the illegal nature of the content distributed on the Website by the Professional.
This is what will lead the Company, upon simple notification to it, about the content that would be contrary to the provisions hereof and which is therefore either prohibited or infringing on human rights and intellectual property, to proceed with its sole head and by authority to the withdrawal of the corresponding files.
13.2. The Company's liability towards the Professional can only be engaged in the event of non-performance of its commitments resulting from these CPPS.
In addition, and in the event of fault proven by the Professional, the Company will only be liable for the compensation of the financial consequences of direct and foreseeable damage as a result of the performance of the Services. Consequently, the Company may not under any circumstances incur any liability for indirect or unforeseeable losses or damages of the Professional or of third parties, which includes in particular any missed profit, loss, inaccuracy or corruption of files or data, commercial damage, loss of turnover or profit, loss of goodwill, loss of opportunity, cost of obtaining a substitute product, service or technology, related to or arising from non-performance or faulty performance of services.
In all cases, the amount of the Company's liability is strictly limited to the reimbursement of the amount of the sums actually paid by the Professional on the date of occurrence of the event giving rise to liability, per user workstation, per day of interruption on the average consumption of the last 6 (six) months.
13.3. The Professional is fully aware of the provisions of this Article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
Likewise, the Company is in no way responsible for the links appearing on its Website referring to other websites which do not belong to it and which are not controlled by it, since it does not exercise any control. on the content, the personal data protection charters or the practices of third-party websites.
The Company is not responsible for the availability of these Sites and cannot control their content or validate the advertising, products and other information disseminated on these Websites.
14. force majeure
14.1. Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and therefore suspends the obligations of the parties, such as, for example, without this list being exhaustive: a strike or technical failure (EDF, ERDF, telecommunications operators, Internet or hosting providers, Registrars, etc.), an interruption in the supply of energy (such as electricity), a failure of the electronic communication on which the Company and / or networks which replace it depends, epidemic or pandemic.
14.2. The Company cannot be held responsible, or considered to have failed in its obligations provided for in these CPPS, for any non-performance related to a case of force majeure as defined by law and French case law, provided that it does so. notifies the other party on the one hand, and that it does its best to minimize the damage and perform its obligations as quickly as possible after the termination of the force majeure on the other hand.
14.3. In the event of such an event occurring, this contract is suspended for a period of thirty (30) days from the occurrence of said case of force majeure. During this period, the Company undertakes to find an alternative solution. If after fifteen (15) days of discussions with the Professional, no solution was found, these CPPS would then be automatically resolved or terminated, without any compensation being due.
The Company is likely to modify and / or update the terms of the CPPS according to certain economic or legal needs; the Professional will be informed of this update by email, a copy of the CPPS being sent in Pdf format, by email, to the Professional, in their current version up to date with the latest modifications
Otherwise, the proposed modifications will be considered as tacitly accepted by the Professional and the contract will continue until its term.
The Company reserves the right to modify, at any time, the characteristics of the Service, without the said modifications leading to substantial modifications. The Company will then notify the Professional of this modification fifteen (15) days before the entry into force of these changes.
Unless otherwise provided in these CPPS, correspondence exchanged between the Parties is provided by electronic mail.
In application of articles 1365 et seq. Of the Civil Code and, where applicable, of article L.110-3 of the Commercial Code, the parties declare that the information delivered by electronic mail is authentic between the parties as long as no written contradictorily authenticated and signed, calling into question this computerized information, is produced.
Elements such as the time of reception or transmission, as well as the quality of the data received will prevail as a priority as appearing on the Company's information systems or as authenticated by the Company's computerized procedures. except to provide written proof to the contrary by the Professional and / or the Company.
The provisions of these CPPS express the entire agreement concluded between the Professional and the Company. They prevail over any proposal, exchange of letters prior to and subsequent to the conclusion of these presents, as well as any other provision appearing in the documents exchanged between the parties and relating to the subject of these presents, except amendment duly signed by the representatives of the two parts.
18. no waiver
The fact that one of the parties to these CPPS has not required the application of any clause, whether permanently or temporarily, may in no case be considered as a waiver of the rights of this party arising from of said clause.
If one or more provisions of these CPPS are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become final of a competent court, the other provisions of these CPPS will keep all their strength and reach.
Where applicable, the Company undertakes to immediately remove and replace said clause with a legally valid clause.
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.
21. applicable law - attribution of jurisdiction
Any difficulty arising from the interpretation and / or execution of these terms and conditions will be subject to the assessment of the competent Courts of Paris to which jurisdiction is expressly attributed, the only applicable laws being French laws.