General conditions of services
Preamble
AGENCE OVB (hereinafter "the Service Provider") is a professional whose business is to develop the number of followers and the visibility of its Clients on the social network Instagram, in particular by optimizing the management of their account on this network (hereinafter "the Solution").
OVB AGENCY's clients are natural or legal persons acting exclusively on a professional basis.
The Provider and the Client shall be jointly referred to as "the Parties".
Article 1 - Completeness
The Customer declares to have read the general terms and conditions of services and to have accepted them without reservation before placing an order with the Provider. These terms and conditions express the entirety of the obligations of the parties and remain applicable throughout the duration of their relationship. They constitute the sole basis of the business relationship between the parties, and, in this sense, the Customer is deemed to accept them without reservation. These general terms and conditions of services prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the Provider to customers of the same category.
The Provider reserves the right to modify its general conditions from time to time. These terms and conditions of services are provided to any Customer upon request, to enable the Customer to place an order. The Service Provider reserves the right to deviate from any of the terms and conditions herein, based on negotiations with the Customer, by establishing specific terms and conditions for the provision of services.
The Service Provider may, in addition, establish general terms and conditions of service for specific categories of buyers, which may deviate from these general terms and conditions of service, depending on the type of buyer in question, according to criteria that shall remain objective. Buyers meeting these criteria will be subject to the application of these general terms and conditions of service.
Article 2 - Content of the service offer
2.1 Service offerings
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of services offered by the Provider to the Customer. They concern the following services:
Offer Name:
Boost Pack
Services offered:
- Communication and marketing method with a target of 250 to 500 real new followers in the 1st month (real average for our customers).
- Around 6,000 people targeted via your Instagram account every month.
- Increase of interactions on your account (like, click on your website, ...)
- Advanced targeting
- Dedicated Account Manager (e-mail, telephone and video support)
Price :
1month without subscription at £200
3 months (subscription) at £180 per month
6 months (subscription) at £160 per month
12 months (subscription) at £140 per month
The rate is variable depending on the commitment conditions (fixed duration) followd.
Pro Pack
Services offered:
- Communication and marketing method with a target of 350 to 700 real new followers in the 1st month (real customer average).
- Approximately 8,000 people targeted via your Instagram account
- Increase of interactions on your account (like, click on your website, ...)
- Advanced targeting
- Dedicated Account Manager (e-mail, telephone and video support)
- Helping convert followers into customers
Price :
1 month without subscription at £300
3 months (subscription) at £270 per month
6 months (subscription) at £240 per month
12 months (subscription) at £210 per month
The rate is variable depending on the commitment conditions (fixed duration) followd.
Elite Pack:
Services offered:
- Communication and marketing method targeting 400 to 800 real new followers in the 1st month (actual average for our customers).
- Approximately 8,000 people targeted via your Instagram account
- Increase of interactions on your account (like, click on your website, ...)
- ULTRA advanced targeting
- Dedicated Account Manager (e-mail, telephone and video support)
- Helping convert followers into customers
Price :
1 month without subscription at £400
3 months (subscription) at £360 per month
6 months (subscription) at £320 per month
12 months (subscription) at £280 per month
The rate is variable depending on the commitment conditions (fixed duration) followd.
2.2 Support
Assistance by e-mail
If necessary, you can request assistance by email: contact@agence-ovb.fr
Article 3 - Duration of services and termination
3.1 Duration of subscriptions (Packs)
The Solution is presented as a monthly, quarterly, semi-annual or annual subscription and the duration of this Contract depends on the offer taken out by the Customer when placing the order.
The Customer benefits from a sliding scale of charges depending on the length of the fixed-term commitment he chooses for his service package.
3.2 Termination conditions
Beyond the agreed term according to the chosen package, the subscription is tacitly renewed by the parties for an additional month (automatically renewed by one month until termination) unless terminated in writing by one or the other of the parties.
The Customer shall send his cancellation request to support@agence-ovb.com within a variable period of time depending on the package chosen:
- One (1) month package
When the Solution is a monthly subscription, beyond the agreed term, the Contract shall be tacitly renewed by the parties for a new term of one (1) month, unless terminated by either party within fifteen (15) days prior to its term.
The month in which the termination is requested is due in full. If the Customer exceeds the fifteen (15) day period mentioned above to request termination, the following month will also be due.
- Three (3) months pack
When the Solution is a quarterly subscription, beyond the agreed term, the Contract shall be tacitly renewed by the parties for a new term of one (1) month, unless terminated by either party within fifteen (15) days prior to its term.
The month in which the cancellation is requested is due in full.
- Six (6) month package
When the Solution is a half-yearly subscription, beyond the agreed term, the Contract shall be tacitly renewed by the parties for a new term of one (1) month, unless terminated by either party within fifteen (15) days prior to its term.
The month in which the cancellation is requested is due in full.
- One (1) year package
When the Solution is an annual subscription, beyond the agreed upon term of one (1) year, the Contract shall be tacitly renewed by the parties for a new term of one (1) month, unless terminated by either party within fifteen (15) days prior to its expiration.
The month in which the cancellation is requested is due in full.
Article 4 - The order
The Customer places his order online by email or by phone, from the online offers and by means of the launch form that will be sent by email by the OVB agency. In order for the order to be validated, the Customer must accept, by clicking on the place indicated on the launch form, the present general conditions.
Any order implies acceptance of the prices and descriptions of the services offered as well as these general conditions.
The order expressly states the nature of the chosen Pack as well as the duration of the Customer's subscription.
In some cases, especially in case of non-payment, wrong address or other problem on the Customer's account, the Provider reserves the right to block the Customer's order until the problem is solved. In case of impossibility to perform the service, the Customer will be informed by e-mail.
In the above-mentioned case, the cancellation of the order of this service and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive. For any question relating to the follow-up of an order, the Customer must send an email to the following address: contact@agence-ovb.fr
Article 5 - Electronic signature
The online provision of the Customer's bank details and the final validation of the order will be considered as proof of the Customer's agreement and will be considered as a signature and express acceptance of all operations carried out.
In case of fraudulent use of the banking coordinates, the Customer is invited, as soon as this use is noticed, to contact AGENCE OVB by e-mail: contact@agence-ovb.fr or by phone: +33 4 83 97 01 50
Article 6 - Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of the beginning of the execution of the services, at the address indicated by the Customer in the order form.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the Provider under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.
Article 8 - Information on services
The services governed by these terms and conditions are those listed on the Provider's website and indicated as performed by the Provider or under its control. They are offered within the limits of the availability of the Provider. The services are described and presented with the greatest possible accuracy. However, the Service Provider shall not be held liable for any errors or omissions in this presentation.
Article 9 - Prices
9.1 Calculation
Unless otherwise agreed, the price of the services is established according to the price list of the Provider on the day of the order. VAT at the prevailing rate shall be added to the fees and disbursements, if any.
Delays or other unforeseen problems, which are beyond the control of the Service Provider, may result in additional fees that may be subject to additional billing. The Service Provider undertakes to inform the Client of such delays and/or problems as soon as they occur so that the consequences can be assessed with the Client.
Invoices will be issued for the services provided. Unless otherwise agreed, invoices are issued monthly.
9.2 Price reduction
The Customer benefits from the discounts and rebates listed in the Provider's price list, which are presented to the Customer on the Provider's website and transmitted to the Customer when the order is placed
9.3 Late fees
In accordance with the law, any delay in payment shall oblige the Provider to charge interest at the rate of three times the legal interest rate; in addition, the Provider shall be entitled to suspend the performance of the services until full payment of the unpaid invoice, without this non-performance being considered as attributable to the Provider.
A fixed indemnity for collection costs in the amount of 40 euros may also be demanded by the Provider.
9.4 Refunds
Because the services are digital services delivered via the Internet, the Provider does not offer any refund once the subscription has been paid except in exceptional cases left to the Provider's discretion according to the following modalities: a prorated refund (between 5 to 10 days) of the time of use will be made in case the User chooses a higher annual offer.
Prices are due in full, and the Customer shall not be entitled to any refund in the event of non-use, partial use, suspension or termination of the use of the Services before the end of the Term. This is without prejudice to the possibility for the Customer to engage the liability of the Provider under the conditions provided in the article "Liability", if this situation results from a failure of the Provider to perform its obligations.
Article 10 - Payment terms and deadlines
10.1 Regulations
The payment of the order is done by direct debit on the bank account of the Customer or directly by credit card. The Customer must enter his bank details in the space provided and confirm the order form. The Provider reserves the right to suspend any order and any delivery in case of refusal of authorization of payment from the officially accredited organizations or in case of non-payment.
The order is payable in cash, in full or in part depending on the offer chosen, before the start of the service. The Provider reserves the right to stop all services in case of unpaid by the Customer after this date.
The Service Provider has set up a procedure for the verification of orders to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send, by fax or email, a copy of an ID and a proof of address. The order will be validated only after reception and verification by the Provider of the documents sent.
10.2 Late payment
Any delay in payment will result in the suspension of the current subscription and the immediate payment of all sums due to the Service Provider by the Customer, without prejudice to any other action that the Service Provider may be entitled to take against the Customer.
Article 11 - Time limits and suspension of performance
Except in case of force majeure or during the periods of closure clearly announced on the homepage of the site, the time of intervention will be, within the limit of availability of the Provider, those indicated below. The time of execution runs from the date of registration of the order indicated on the email confirming the order.
The launch of the Solution for the benefit of the Customer takes place within a maximum of 6 working days from the day following the day on which the Customer has placed his order and his first monthly payment has been received (in general, the launch of the customer account takes place within 48 hours).
The realization is started only after confirmation of the payment by the banking organization of the Provider. In case of non-compliance with the payment terms, the Provider may suspend and then cancel the service in case of persistent non-compliance with these terms within 15 days after formal notice from the Customer. In case of cancellation of the contract, any deposit paid will be retained by the Provider.
Article 12 - Delay in performance of services
In case of delay in the start of the service, the Provider shall not be liable, for any reason whatsoever. Therefore, no claim for compensation of any kind can be made by the Customer.
In case of unavailability of the Provider to perform the service, the Customer will be informed as soon as possible and will have the possibility to cancel his order.
The Customer will then have the possibility of requesting a refund of the sums paid within 30 days at the latest of their payment.
Article 13 - Obligations of the Provider
13.1 Obligations relating to the performance of the Service
The Service Provider's commitments constitute an obligation of means under which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the terms of the contract.
To this end, the Provider will assign professionals with the skills required to perform the services in accordance with its quality standards.
The Service Provider uses the know-how it has developed in communication and digital marketing to help the Customer to give its Instagram account the best possible visibility.
By express agreement between the Parties, it is understood that the Service Provider does not guarantee any result or volume of sales or number of followers that could be acquired by the Customer due to the use of the Solution.
On the other hand, the Provider is able to transmit to the Customer metrics demonstrating the effectiveness of its Solution in terms of traffic generated on the Customer's account.
13.2 Obligation to inform the Customer in case of risk of blocking or blocking of the Instagram account
The Provider makes its best efforts for the Solution to help the Customer to improve the visibility and the good management of its Instagram account.
In this context, the Customer undertakes to respect the Best Practices which will be proposed by the Service Provider and which may be updated as the contractual relationship progresses.
These Best Practices are intended to make the use of the Solution compatible with the general terms of use of the Instagram platform to which the Client has followd. Nevertheless, given the changing and opaque nature of the general terms and conditions of use of the Instagram platform, the Customer expressly acknowledges that its use of the Solution may involve possible risks of blocking and/or deletion of its Instagram account. The Provider, acting under instructions from the Customer, undertakes to inform the Customer about the measures to be implemented as soon as possible in case of alerts received from Instagram and to act upon validation by the Customer, in order to try to remedy the said alerts.
Article 14 - Obligations of the Customer
In order to facilitate the proper execution of the services, the Client undertakes :
- to provide the Provider with the login data of its Instagram account so that the Provider can perform its obligations,
- to provide the Provider with complete, accurate and timely information and documentation without any obligation to verify its completeness or accuracy;
- to notify the Provider directly of any difficulty relating to the performance of the services,
- to respect the Best Practices mentioned in Article 13.2. which will be proposed by the Provider.
The Customer shall not use the Solution for the following purposes:
- carrying out illegal, fraudulent or public order activities,
- Intrusion into a third-party computer system,
- commercial prospecting,
- improving the referencing of third-party sites or accounts,
- any misuse of the Solution for purposes other than those provided for in these terms and conditions.
Article 15 - Confidentiality
Each party agrees not to disclose confidential information received from the other party.
Confidential information means information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each of the parties and in particular Customer's login data to its Instagram account. This obligation of confidentiality will be effective for a period of 2 years following the end of the services. The content of the services as well as the reports, letters, information, notes, estimates, provided by the Provider during the execution of the services are also confidential. These documents are communicated to the Customer for strictly internal use and on the condition that they are not disclosed to third parties or attached to any document that the Customer may produce.
If the Client wishes to have all or part of these documents disclosed to and/or used by a third party, the Client must request prior written permission from the Provider. The terms and conditions applicable to such disclosure shall then be determined.
Article 16 - Intellectual Property
The Provider is the sole owner of the intellectual property rights related to the operation of its website and the execution of the services related to the Solution. The Customer does not benefit from any assignment or transfer of ownership of these rights.
The content of the Provider's website, its general structure, texts, images, logos, icons, sounds, software, of which the Website is composed are the exclusive property of the Provider. Any representation or reproduction, in whole or in part, of the Website or of any of its components without the prior written consent of the Provider is prohibited and shall constitute an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.
Article 17 - Liability of the Provider
The entire liability of the Provider and its employees for any failure, neglect or default in the performance of the Services shall be limited to the amount of the fees paid for the Services in question, to cover claims of any kind (including interest and costs), regardless of the number of actions, grounds or parties to the disputes.
The Provider's liability shall be limited to proven fault or negligence and shall be limited to direct damages to the exclusion of any indirect damages of any kind.
By express agreement between the Parties, the Service Provider's liability shall not be incurred in the following cases:
- as a result of a failure or deficiency of a product or service for which the Provider or its subcontractors, if any, are not responsible for the supply or delivery;
- for facts and/or data that do not fall within the scope of the services, and/or that are not an extension of them;
- in case of use of the results of the services, for a purpose or in a context different from that in which it intervened, of erroneous implementation of the recommendations or of failure to take into account the reservations of the Provider;
- in the event of the blocking or deletion of the Customer's Instagram account or any other sanction that Instagram may take against the Customer.
The Service Provider shall not be held responsible for the content of the publications nor for the management of the Customer's Instagram account which are exclusively the Customer's responsibility.
The Service Provider is not liable to its insurers for consequential damages, loss of profit or opportunity, or the financial consequences of any actions brought by third parties against the Customer.
Article 18 - Relationship with Instagram
The Provider represents that it has no relationship of any kind with Instagram or its partners. The Solution operates independently of Instagram and is not intended to undermine it.
The customer expressly acknowledges that the solution has not been approved by Instagram and states that he/she was informed of this before signing this contract.
Article 19 - Conformity - Hidden defect
The Provider warrants to the Customer against any lack of conformity of the services and any latent defect arising from a defect in the design or supply of such services to the exclusion of any negligence or fault of the Customer. In any event, in the event that the Provider's liability is found, the Provider's warranty shall be limited to the amount paid by the Customer for the provision of the Services.
Article 20 - Complaints
All claims, whether amicable or judicial, relating to the execution of the services must be made within 6 months of the end of the service.
Article 21 - Right of withdrawal
The Customer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided by the code of consumption.
Article 22 - Personal data
In accordance with Law No. 78-17 of January 6, 1978 as amended (known as the "Data Protection Act") and the General Data Protection Regulation 2016/679 of April 27, 2016 ("RGPD"), personal data concerning Customers are subject to computer processing by the Provider acting as the data controller in order to, in particular:
- carry out operations relating to the management of the Customer's Instagram account, facilitate the identification of Customers for billing and communication purposes in connection with the implementation of the Solution, inform the Customer of any possible changes to the Provider's services, improve them, carry out prospecting actions, statistical analyses.
Customers' personal data is stored either in the Provider's databases in France or in those of its service providers, which are located within the European Union.
These data are kept for the time strictly necessary to achieve the purposes mentioned above. Every person has the right to access, rectify, portability, erasure of personal data or limitation of their processing, the right to object to the processing of their data for legitimate reasons and the right to withdraw consent at any time.
Finally, everyone has the right to lodge a complaint with a supervisory authority and to define directives concerning the fate of their personal data after their death.
These rights may be exercised by e-mail to the dedicated address: contact@agence-ovb.fr or by post to OVB 639 rue Nationale, 69 400 - Villefranche-sur-Saône, subject, where applicable, to proof of identity of the person concerned.
Article 23 - Assignability and Subcontracting
The Provider reserves the right to transfer all or part of the execution of the services to providers meeting the same qualification requirements.
If the service requires special technical skills, the Provider will inform the Customer about the possibility of subcontracting part of the service. The subcontractor will then intervene under the sole responsibility of the Provider and will undertake to keep confidential all the information it will have knowledge of during the services.
Article 24 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party.
Article 25 - Amendment
The Provider reserves the right to make any changes to these terms and conditions as it deems necessary.
Article 26 - Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 27 - Non-Waiver
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 28 - Termination and cancellation of the service contract
The "Boost" and "Pro" and "Elite" Offers, which are followd to without commitment by the Customer, mean that either Party may terminate the present contract at any time by registered mail with acknowledgement of receipt with a period of 15 days. It is understood that the month started is due.
For the "Boost" and "Pro" and "Elite" offers, followd for a fixed term, only in the event of a breach by either Party of one of its essential obligations, and after formal notice by registered mail has remained without effect at the end of a period of fifteen (15) days, the other Party may terminate the Contract by operation of law, without prejudice to any damages to which it may claim.
Article 29 - Applicable Law
The present general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 30 - Disputes
The Parties agree to seek an amicable solution to any dispute that may arise from the performance of the services. Any dispute arising from this contract, in particular in relation to its interpretation, execution and termination, shall be subject to the exclusive jurisdiction of the courts of the Lyon Court of Appeal.
