General terms and conditions of sale and subscription
These general conditions of use are up to date as of January 5, 2020.
1. PREMBULE - IDENTIFICATION OF THE COMPANY
1.1. These General Terms and Conditions of Use (hereinafter “T & Cs”) are offered by Rocket Digital Group Kft (hereinafter the “Company”), whose registered office is located at 054 Budapest, Honvéd utca 8. 1. em. 2. The purpose of these T & Cs is to determine and define the terms and conditions under which the customer (hereinafter the "Customer") is authorized to use the convert.tel site and all the pages attached to it (hereinafter the “Website”) as well as the services offered there (hereinafter the “Services”).
1.2. The Company can be contacted by e-mail at email@example.com, by chat via the dialogue box available on the Website or by phone at 0 800 912 166 from Monday to Friday from 9 a.m. to 7 p.m., and on Saturday from 10 a.m. to 3 p.m. (French time).
1.3. The Company is the owner and publisher of the convert.tel website. The Website is hosted by Amazon Web Services, a company incorporated under US law domiciled at 1200 12th Avenue South Suite 1200, Seattle WA 98114.
For the purposes of these T & Cs, terms entirely in capital letters or with the first convert.tel in capital letters, whether used in the singular or in the plural, have the following meaning: < br>
"CGU": refers to these General Conditions of Use.
"Company": refers to the publisher and owner of the Website.
"Professional partner": refers to all professionals and all types of experts independent of the Company, who have assisted the Company in carrying out, setting up and optimizing the Services.
"Website": refers to the online electronic service published by the Company, accessible at the address convert.tel, as well as all the pages and urls attached to it and all variations thereof.
"Services": refers to the services provided by the Company on the Website as described in Article 3 of these T & Cs.
"Client": refers to any capable adult natural person, or any legal person, using the Services offered on the Website or having subscribed to the Subscription Services by creating a Client Area. It is specified that any stipulation of these T & Cs which is not enforceable against individuals under the regulations in force will be intended to apply only to professionals.
"Customer space": refers to the personal space made available to the Customer when registering for the Subscription offer on the Website. This Customer Area is accessible online on the Website using a unique username and password, provided to the Customer by the Company when registering. The Customer has the possibility of updating his password from his Customer Area, accessible on the Website in the "My account" section.
"convert.tel offer": refers to the action of converting one or more files through the convert.tel site.
"Online assistance": refers to all the assistance services for account management, subscriptions, procedures for converting a file from which the Customer benefits through Customer Service.
"Customer service": refers to all the operators who can assist the Customer with any request by means of a telephone exchange, e-mail or on the chat window.
"Subscription": refers to the paid monthly subscription to which Customers can subscribe on the Website. The Customer subscribes to the Services for a fixed period of thirty (30) clear days from the confirmation by the Company of the creation of its Customer Space. This subscription will be renewed by tacit agreement for an identical period of thirty (30) clear days each month until termination by the Customer. As part of the Trial Offer, the Subscription is taken out in the event of non-termination by the Customer before the end of the Trial Period
"Trial Period": refers to the period of forty-eight (48) hours during which the Customer has unlimited access to the Services on the Website without being deducted from the price of the Subscription. Said Trial Period systematically occurs within the framework of a Trial offer.
"Trial offer": means free and unlimited access to the Services offered on the Website for the duration of the Trial Period. The Customer's registration for the Trial Offer automatically leads to the subscription to the Subscription. The Trial Offer notably allows the Customer to try the Service for free before the Subscription is charged.
"One-time purchase": refers to the one-time purchase of a conversion of File without subscription to the Subscription or to the Trial Offer and without access to the Customer Area.
3. GENERALITIES AND CONSENT OF THE CUSTOMER
The Company provides the Customers on the Website with the Services as described in article 4. To purchase and / or subscribe to the Services, the Customer will follow the steps of process indicated on the Site. He will fill in all the fields allowing him to be identified, to choose the Services as well as the terms of payment.
Before using the Site, the Customer must ensure that he has the technical and IT resources to use the Website, and that his browser allows secure access to the Website. The Customer must also ensure that the IT configuration of his hardware / equipment is in good condition and does not contain viruses.
By using the Website and using the Services, the Customer acknowledges and confirms having read, understood and accepted these T & Cs in their entirety without any reservation.
The Company reserves the right to modify these T & Cs, which will take effect as soon as they are published on the Site and will be applicable to any new one-time Purchase or Subscription on the Website. Any changes may not have any impact on Single Purchases or Subscriptions made on the Website prior to their publication, which remain subject to the T & Cs as accepted by the Customer during the validation of each purchase. The Customer is invited to take note of the General Conditions each time he uses the Services of the Site, without having to formally notify him.
The Company is a technical service provider who manages a technical and software infrastructure and who makes available to Customers on its Website a file conversion solution through the convert.tel Offer and the 'Subscription.
The Company, no more than any of its managers, employees and professional Partners, in accordance with the applicable regulations: - Is not affiliated with a file publisher, - Does not guarantee in any way the feasibility or the '' accuracy of requests to send file conversions, - Does not collect information without prior consent,
The Company can in no way be held responsible for any omission or inaccuracy or any error contained in the convert.tel Offer and the Subscription that the Company markets and which would be the source of direct and / or indirect damage to a user or any other person.
The Client acknowledges that:
- requests for file conversions are generated as a result of the Client's action and are not subject to any supervision and modification work by the Company , its managers, employees or professional Partners,
- the Company, its managers, employees or professional Partners can in no way be held responsible for routing problems,
- il It is strictly forbidden to convert files via the convert.tel Offer or the Subscription whose content is illegal, and more generally the content would be listed among the following points: pornographic, dangerous, compromised, stolen files, illustrations not provided by the Company and for which the user does not have the exploitation rights, Image, text and photo of a pornographic, racist, pedophile, violent nature, or any form prohibited by the law of the sending country and recipient. The Company reserves the right to alert the authorities in the event of detection of illegal content in a file.
- The Company, its managers, its employees or professional Partners can not under any circumstances be held responsible for the content of a file that may harm others, a company, an organization, or any association, or having an illegal character.
4. DESCRIPTION OF SERVICES
4.1. Subscription services:
4.1.1 convert.tel offer:
In his monthly subscription, the customer benefits from file conversion credits, for only €35 including tax per month. For example, the Customer can convert unlimited number of files each months.
Are also included in the Customer's monthly subscription, the following functions with unlimited access from the Customer Space:
- Cloud file storage library
- File conversion history
- Track conversion status
4.1.2 “Online assistance”: all of the assistance services for account management, subscriptions, file conversion procedures from which the Customer benefits through Customer Service. As part of the subscription to a Subscription, the Company provides the Customer with a Service assistance with Advisors available by phone, chat and e-mail for any questions or queries on the Website and the Services. The Client can contact the Advisors from Monday to Friday from 9 a.m. to 7 p.m., and on Saturday from 10 a.m. to 6 p.m. (French time). The Company will do its best to respond to Customers as soon as possible.
4.2. One-time Purchase Services:
4.2.1. Convert files: the customer can make a single purchase file. He will receive his converted file by e-mail.
5. APPLICATION AND ENFORCEABILITY OF THE T & Cs
5.1. The purpose of these T & Cs is to define all the conditions under which the Company markets the Services as offered for sale on the Website to Customers. They therefore apply to any monthly subscription and single purchase of Services by the Customer.
5.2. The Customer acknowledges and confirms having read, understood and accepted these T & Cs in their entirety without any reservation before any single Purchase of Service or subscription to the Website.
5.3. The subscription to a Subscription or the one-time Purchase of a Service therefore constitutes acceptance of these T & Cs.
5.4. Any contrary condition imposed by the Customer, in the absence of express acceptance, is unenforceable against the Company regardless of when it may have been brought to its attention.
5.5. The fact that the Company does not avail itself at a given time of any provision of these T & Cs cannot be interpreted as a waiver of subsequently availing itself of any provision of said T & Cs.
6. ORDERING SERVICES ON THE WEBSITE AND SUBSCRIPTION
6.1. The Services offered on the Website are described and presented with the greatest possible accuracy. The Company reserves the right to correct the content of the site at any time, without having to notify the Customer. The Customer selects the Services he wishes to purchase, and can access the summary of his Order at any time.
6.2. The Order summary shows the list of Services that the Customer has selected, and includes any additional costs that are added to the price of the Services. The Customer has the option of modifying his Order, his information, and correcting any errors before accepting his Order.
6.3. After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the T & Cs, then clicking on the Order validation button. A clear and legible payment statement appears next to the Order validation icon to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
6.4. After acceptance of the T & Cs and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
6.5. After the validation of his Order and in order to be able to proceed to payment, the Customer enters his billing details. The process for receiving the Services is described in Article 8 of these T & Cs.
6.6. The Company sends an order confirmation by e-mail to the Customer, setting out the elements of the summary of his Order as well as his access to the Customer Area.
7. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
7.1. The prices are mentioned on the Website in the descriptions of the Services, in euros (€) all taxes included.
7.2. The total amount is indicated in the Order summary, before the Customer accepts these T & Cs, validates his Order, provides and validates his billing details and proceeds to payment. This total amount is indicated in euros (€) all taxes included.
7.3. All Orders on the Website are payable in euros (€) all taxes included. Full payment must be made on the day of the Order in the event of a single Purchase of a Service.
7.4. The subscription to a Monthly Subscription implies a debit authorization from the Customer's means of payment at the time of the Order as part of the Trial Offer. The payment of the first monthly payment takes place at the end of the Trial Period of this same Trial Offer. As part of a Subscription without a Trial offer, the payment of the first monthly payment is made upon validation of the Order by the Customer.
7.5. The Website uses a payment security system through a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. This means that the Customer's bank card number is never disclosed in full to the Company.
7.6. The Customer guarantees the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
7.7. The Company reserves the right to suspend any Subscription or to cancel any execution of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
8. RECEPTION OF THE SERVICE (S) AND ACCESS TO THE PLATFORM
8.1. The Company undertakes to deliver the Services within the timeframe agreed in these T & Cs. The Customer is informed by e-mail of the completion of the Service (s).
8.2. In the case of a monthly subscription, the Customer will be provided upon validation of the order, with a username and password allowing him access to his Customer Area. It is the Customer's responsibility to maintain the confidentiality and security of their credentials. The Customer must immediately inform the Company of any unauthorized use of his identifiers. The Company cannot be held liable for any loss or damage resulting from the Customer's inability to protect his Customer Area access credentials.
8.3. The Customer must ensure that the information provided to the Company is correct, and that it remains so until full receipt of the Service (s) ordered. The Customer therefore undertakes to inform The Company of any change in billing details that may occur during or after Order by sending, without delay, an e-mail to the Company's e-mail address. Failing that, in the event of delay and / or error, the Customer may in no case engage the responsibility of the Company.
8.4. The Company will also not be liable if the non-receipt of the Services is due to the act of a third party outside its intervention.
9. ASSISTANCE SERVICE
9.1. Following any subscription or simple Purchase, the Customer may contact the Company's customer service for any assistance, clarification or for any complaint.
9.2. The Company's customer service is available Monday to Friday from 9 a.m. to 7 p.m., and Saturday from 10 a.m. to 3 p.m. (French time).
10. CLIENT OBLIGATIONS
10.1. The Customer agrees to comply with the terms of these T & Cs.
10.2. The Customer agrees to use the Website and the Services in accordance with the Company's instructions.
10.3. The Customer agrees to refrain from:
- Using the Website in any illegal manner, for any illegal purpose or in any manner incompatible with these T & Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Website or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Client, attempt to discover any source code or use any software activating or including any part of the Website.
- To attempt to gain unauthorized access to the Website's computer system or to engage in any activity that disrupts, decreases the quality or interferes with the performance or deteriorates the functionality of the Website.
- To use the Website for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Website.
- To infringe the intellectual property rights of the Company and / or to resell or attempt to resell the Services to third parties.
- To denigrate the Website and / or the Services as well as the Company on social networks and any other means of communication.
10.4 If, for any reason, the Company considers that the Client does not comply with these T & Cs, the Company may at any time, and at its sole discretion, remove its access to the Website and take all measures including any civil and criminal legal action against it.
11. WAIVER OF THE LEGAL RIGHT OF WITHDRAWAL - CANCELLATION AND REFUND OF A SUBSCRIPTION
11.1. In accordance with article L.121-25 of the Consumer Code, the Customer acknowledges that the performance of the Services provided by the Company will be carried out before the end of the legal withdrawal period and therefore expressly waives his legal right of withdrawal. .
11.2. The Customer nevertheless has a period of forty-eight (48) hours from the validation of the Order as part of the subscription with Trial Offer to contact the Company by phone, chat or email to request the cancellation of any Monthly Subscription subscription.
11.3. Exercise of the “Satisfied or Reimbursed” option: The Customer also has the possibility of requesting the reimbursement of one or more monthly installments of his Subscription to the Company in the event that he is not satisfied with the Services offered by the Company. Society. The Customer wishing to exercise this reimbursement option must also contact the Company by telephone, chat or e-mail to request reimbursement of any monthly Subscription subscription.
11.4. In the event of cancellation of the Monthly Subscription before the end of the forty-eight (48) hour trial period or in the event of exercise of the “Satisfied or Refunded” option, the Customer will be reimbursed by the same means of payment than that used for the initial Order. The Company cannot be held responsible in the event of a change in the Customer's bank details since the date of the Order making reimbursement of the Customer impossible. In such a situation, the Customer is invited to contact the Company in order to agree on another means of reimbursement or to contact his banking establishment. The Company will also not be required to reimburse the Customer if it is proven that he is at the origin of a bank fraud, consisting in particular of a false declaration of loss or theft of his bank card following the purchase. a Service on the Website. In such a situation, the Customer will remain in particular liable for payment of all sums due to the Company.
12. TERMINATION OF THE MONTHLY SUBSCRIPTION
12.1. Any subscription to a Monthly Subscription by the Customer is granted for an indefinite period and without any commitment of duration. The Customer may terminate his Monthly Subscription at any time by notifying the Company of his desire to terminate by e-mail, chat or telephone or by terminating himself from the Customer Area or on the Website.
12.2. Any termination will take effect from the end of the month of the current subscription which remains due. From the effective date of termination, the Customer no longer has access to the Customer Area or to the Services.
13.1. The Company implements all measures to ensure the Customer the provision, under optimal conditions, of quality Services. However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the Order, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the Order, or a case of force majeure. More generally, if the Company was held liable, it could in no case accept to compensate the Customer for direct or indirect damage or whose existence and / or quantum would not be established by evidence.
13.2. The Company will make all efforts to ensure that the Website remains accessible 24 hours a day, 7 days a week, but can in no case be held responsible for downtime linked to constraints inherent in the functioning of the Internet, operations maintenance, any failure or bug, or any event beyond its control or force majeure beyond the reasonable control of the Company.
13.3. The Website may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
13.4. The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
13.5. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information posted on these websites.
13.6. It is expressly stipulated that the Company can in no way be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment ticket or the summary of the Order.
14. PERSONAL DATA
14.1. In accordance with the law of January 6, 1978 relating to computers, files and freedoms, as amended, the Customer is informed that the Company is collecting and processing his personal data in order to allow him to process and execute his Order (s) placed on the Website.
14.2. This mandatory information, including a failure to respond would block the ordering process on the Website, are as follows: last name, first name, electronic address (e-mail).
14.3. The Customer is informed that a transfer of his personal data may be made to service providers, in particular hosting providers established outside the European Union. The Company has signed personal data transfer agreements with these service providers including standard contractual clauses approved by the European Commission.
14.4. The Customer has a right of opposition, access, rectification and deletion of personal data concerning him, as well as a right of opposition for legitimate reasons, which he can exercise under the conditions provided by the law by sending an e-mail to the Company at the address firstname.lastname@example.org specifying his name, first name, e-mail address and order number.
14.5. No information concerning the Customer will be transmitted to third parties, except to the Company's service providers for the sole purposes of maintenance and hosting of the Site, and execution of Orders and within the limit of the information strictly necessary for these. .
14.6. In accordance with CNIL deliberation n ° 2013-378 of December 5, 2013, the Company also informs the Customer that cookies record certain information which is stored in the memory of its hard drive. This information is used to generate audience statistics for the Site and to offer Services according to the Services they have already selected during their previous visits. A warning message, in the form of a banner, asks each person visiting the Website beforehand if the Customer wishes to accept cookies. These cookies do not contain confidential information about Website Customers.
14.7. The Customer going to the home page or another page of the Website directly from a search engine will be informed.
· the precise purposes of the cookies used;
· the ability to oppose these cookies and change the settings by clicking on a link in the banner;
· and the fact that the continuation of its navigation constitutes agreement to the deposit of cookies on its terminal.
14.8. To guarantee the free, informed and unequivocal consent of the Customer visiting the Website, the banner will not disappear until he has continued to browse.
14.9. Unless the Customer gives prior consent, cookies will not be placed and read:
· if the Customer goes to the Website (home page or directly to another page of the Site from 'a search engine for example) and does not continue browsing: a simple absence of action cannot in fact be assimilated to a manifestation of will;
· or if he clicks on the link in the banner allowing him to configure cookies and, if necessary, refuses the deposit of cookies.
15. INTELLECTUAL PROPERTY
15.1. All the elements of the Site are protected by copyright, trademark law, designs and / or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
15.2. The name and brand belonging to the Company, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
15.3. No title or right whatsoever to any element or software will be obtained by downloading or copying elements of the Website. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and to the elements and software it contains, not more than modifying them or carrying out any work taking them as a basis, nor selling or participating in any sale in connection with this Website, the elements of this Website or any software relating thereto.
15.4. The Company grants the Client a non-exclusive license to use the Website. This license is strictly personal and cannot be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Website and of the Simple Documents and Personalized Documents made available to the Customer.
15.5. This Website may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites. The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
15.6. Any questions or comments relating to another site should be addressed to the operators of these sites. No link to this Website is permitted without the express prior written permission of the Company.
15.7. Any use by the Customer of the corporate names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of the express prior consent of the Company.
16.1. By checking the box provided for this purpose or by expressly agreeing to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter which may contain information relating to its activity.
16.2. When the Customer checks the box provided for this purpose in the registration process on the Website to place the Order, he agrees to receive commercial offers from the Company for services similar to those ordered.
16.3. The Customer will have the option to unsubscribe from the newsletters by clicking on the link provided for this purpose, present in each of the newsletters.
17. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
17.1. These T & Cs are governed and interpreted in accordance with Hungarian law, without taking into account the principles of conflicts of laws.
17.2. In the event of a dispute that may arise in connection with the interpretation and / or execution of these T & Cs or in connection with these T & Cs, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The Client may in particular contact the Paris Mediation and Arbitration Center. The Customer acknowledges that before undertaking any mediation process, he must first contact the Company by phone, chat or e-mail at: email@example.com in order to assert his right to Refund (see 11.3. Exercise option "Satisfied or Reimbursed").
17.3. If this mediation procedure fails or if the Client wishes to seize a court, the rules of the Code of Civil Procedure will apply.