SUPPLIER SERVICE AGREEMENT
Between yourself, that is, the service provider looking for a WEB service provider.
Hereinafter referred to as the "SUPPLIER"
The provider of WEB technical services acting as host.
Hereinafter referred to as the "PLATFORM"
This agreement constitutes a legally valid contract governing the contractual relationship between the SUPPLIER and the PLATFORM.
Are to consider
- The term VISITOR which describes any person consulting the pages of the PLATFORM sites or using the services of the PLATFORM in general. The VISITOR is an adult person and aged at least 18 years of age acting in full capacity of his means and in complete freedom.
- The term "COMMERCIAL SERVICE" which includes :
- Billing Services
- Marketing services (publications, advertisements, broadcasts and other services and provisions allowing a user-friendly reception.)
- After-sales services.
- The term "SERVICE ICT *" which corresponds to all the technical services provided by the PLATFORM and which includes all IT technologies, electronic communication methods, hosting and telecommunication services. The term “SERVICE ICT” also describes the websites ** and web interfaces *** and multimedia developed or managed by the PLATFORM.
- The term "GENERAL SERVICES" which describes the ICT SERVICE and the COMMERCIAL SERVICE.
* The term ICT (Information and Communication Technologies) is a generic term that includes any communication device, including radio, television, cell phones, computer and network equipment, satellite systems and computer software. 'enterprise, middleware, storage and audiovisual systems, which allow users to access, store, transmit and manipulate information. TIC is used to designate the convergence of audiovisual and telephone networks with computer networks by means of a single cabling or a link system.
** The general technical services of the platform, including the security provisions, which allow users, thanks to its hyperlinks, to travel easily and safely on the site.
*** A series of pages reserved for the introduction and storage of personal data of the SUPPLIER and the VISITOR. A user-friendly interface for the management of his data which he has stored himself and which is presented in the form of an administration menu.
This agreement describes the general conditions which apply when an internet entertainment service provider - the SUPPLIER - offers and sells its services on the PLATFORM and uses the services provided by the PLATFORM, namely :
- The ICT SERVICE
- Commercial service
- Online payment services
The combination of these services allows the PLATFORM to offer the SUPPLIER a personalized, secure, confidential and friendly environment that allows him to work in the best possible conditions.
In order to promote the services offered by the SUPPLIER, the PLATFORM makes its ICT SERVICES available to the SUPPLIER so that the latter can offer its entertainment services and ensure their online publication and distribution, whether through its servers on the Internet or through sites connected to its technical platform.
If the SUPPLIER wishes to sell his Entertainment Services on the PLATFORM, he must first read and accept all the conditions and provisions of this agreement as well as the general conditions of use, as well as the document concerning respect for life private, as well as the rules concerning the provision of GENERAL SERVICES. These documents form an integral part of this agreement by reference.
This agreement replaces all those previously concluded for the use of the PLATFORM.
Absence of representation
The PLATFORM on the one hand and the SUPPLIER on the other hand are independent legal entities. Each of them acts in its own name and for its own account.
This agreement does not aim to set up or create an agency, a mandate contract, a company, a joint venture or any other form of cooperation, nor to establish an employer - employee or franchisor link - franchise. This agreement does not create any of the above.
This agreement is non-exclusive and is open-ended, each of the parties being able to terminate it without notice and at no cost. It takes effect from the first connection of the SUPPLIER.
This agreement replaces and cancels any other previous contract concluded between the PLATFORM and the SUPPLIER.
The SUPPLIER's entertainment services consist in the distribution of his photos, video clips, verbal exchanges in the form of text conversations, telephone conversations and / or in the form of a live videophone system on the Web, videoconferences, forums. discussion, or any other means of dissemination.
Only the SUPPLIER registered on the PLATFORM can offer and sell its entertainment services on the PLATFORM.
The SUPPLIER is solely responsible for the choice of the section in which his entertainment services will be offered.
The SUPPLIER is solely responsible for the choice of means of communication chosen for the dissemination of its entertainment services.
The SUPPLIER is solely responsible for the information that he places on the PLATFORM.
The SUPPLIER is personally responsible for the legality of his actions and the services he offers.
The VISITOR and the SUPPLIER are completely independent from each other and also independent from the PLATFORM.
The VISITOR and the SUPPLIER, hereinafter referred to as "USER", place their personal information on their respective accounts on the PLATFORM that hosts them.
Registration is free.
To be able to register, the SUPPLIER must :
- Provide accurate information. The SUPPLIER cannot be paid until the PLATFORM has his identity document and his bank details. In particular so that he can receive money from the sale of his services and that he can prove that he is of legal age.
- Choose a pseudonym and a password.
- Provide any other document requested by the PLATFORM so that the PLATFORM can ascertain the identity of the SUPPLIER and the legality and consent of its services.
The PLATFORM does not invoice any fees to the SUPPLIER for the use of GENERAL SERVICES unless the actions of the SUPPLIER entail costs for the PLATFORM. In this case, the PLATFORM has the right to invoice the SUPPLIER of the costs incurred with a minimum amount of € 10.
The SUPPLIER is a completely independent person. He decides on the time, duration and content of his presentation.
The SUPPLIER is personally responsible for the use which is made of his pseudonym and password. The SUPPLIER can only access GENERAL SERVICES with his SUPPLIER name and password which are personal to him.
The SUPPLIER is personally responsible for the choice of the section in which its entertainment services are offered.
The SUPPLIER acknowledges being solely responsible for his account, so he must take care to protect his password so that no one can use his account without his knowledge.
The SUPPLIER will have access to a personalized menu on the PLATFORM websites allowing him to control his statistics and manage the administration of his services as well as his finances in relation to his services.
The PLATFORM is not responsible for any dispute that may arise between the SUPPLIER and the VISITOR. Each dispute must be submitted to the online support of the PLATFORM, which will examine the dispute and settle the dispute as a good father.
The “SERVICE SUPPLIER” partnership agreement takes effect on the date on which the SUPPLIER has registered and accepted the “SERVICE SUPPLIER” partnership agreement (effective date).
NO person not registered as a SUPPLIER is authorized to accompany the SUPPLIER when using the PLATFORM.
The SUPPLIER will ensure that no minor uses his access codes to access the PLATFORM or is present during conversations with a VISITOR. No exceptions are allowed. The SUPPLIER also undertakes not to publish any image of third parties or animals.
The codes allowing access to its personal administration menu are strictly confidential and cannot be transferred. The SUPPLIER must take all necessary security measures to protect his password.
The balance of visitor payments not perceived on the SUPPLIER's administration menu is not a deposit account, it does not generate interest.
The SUPPLIER is not authorized to use his personal account as a valuable item to provide, promise to provide or offer to provide a valuable item, directly or indirectly, to third parties, whether official or unofficial, responsible for any matter. '' organizations or associations, public or private, political parties or similar ...
The SUPPLIER is solely responsible for the information and images, photos, videos that he publishes on the PLATFORM. The PLATFORM is not responsible if a SUPPLIER does not comply with national, federal, state, provincial and local laws when using the website.
The SUPPLIER will take care of putting himself in order from a statutory point of view in his country. He will inform the PLATFORM of any event that may modify the data herein.
The SUPPLIER shall refrain from using the site or the dissemination of his personal information for advertising purposes other than those linked to the advertisement of GENERAL SERVICES on the PLATFORM.
The SUPPLIER is prohibited from selling access to the GENERAL SERVICES of the PLATFORM or their personal information to a third party.
The SUPPLIER is prohibited from communicating information concerning the PLATFORM to a third party.
The SUPPLIER is prohibited from communicating information and personal details or geographical location of another SUPPLIER or VISITOR of the PLATFORM to another natural or legal person.
The SUPPLIER refrains from copying, reproducing, downloading, distributing, distributing, reselling, licensing or exploiting in any way the content of the PLATFORM which is made available to it, whether for commercial reasons or not.
The SUPPLIER may not use or promote the PLATFORM in order to transgress the standards and laws in force.
The SUPPLIER may not promote himself by using the distribution of unsolicited messages or programs. Any form of SPAM is strictly prohibited.
The SUPPLIER may not use the PLATFORM to divert customers in his favor or in favor of a third party.
The SUPPLIER may not make physical (real) appointments, through the PLATFORM, with a VISITOR. Only virtual conversations scheduled on the PLATFORM are allowed.
The SUPPLIER may not communicate or request, in any case, personal data to a VISITOR, name, email address, telephone or others. This is essentially a security measure for the SUPPLIER.
NB: He can indeed hide behind a VISITOR, a maniac, a blackmailer or anyone wishing to inspect your personal data. The PLATFORM is security for the SUPPLIER. When a VISITOR becomes troublesome, he can be excluded under certain conditions. Conversely if the VISITOR has your contact details, the PLATFORM will not be able to intervene.
The SUPPLIER will notify the PLATFORM of any problems encountered, whether technical or otherwise, so that the latter can deal with them.
The SUPPLIER may not, under any circumstances, recover and / or use the personal data of VISITORS to the PLATFORM.
The SUPPLIER who registers his content in his administration menu recognizes that he grants at the same time an international license to the PLATFORM. This allows the PLATFORM to use the SUPPLIER's data for marketing purposes as part of the promotion of GENERAL SERVICES.
The SUPPLIER may not, under any circumstances, broadcast video or audio recording in place of a scheduled live performance.
The SUPPLIER agrees that THE PLATFORM may freely and automatically transfer the rights and obligations arising from this SUPPLIER contract and all documents relating thereto in the event of a merger, spin-off, takeover or other restructuring.
The titles of the different sections of this SUPPLIER contract have a purely indicative value and may not necessarily give an exact indication of the content of the articles to which they refer.
The SUPPLIER is an independent person. The SUPPLIER is required to comply with all the national laws and regulations of his country or domicile, the applicable European and international laws and regulations relating to the activities and services he offers on the PLATFORM, in particular articles 44 and 196 of the directive. EU VAT 2006/112. The SUPPLIER is personally responsible for his tax declarations.
All the elements and data (in particular texts, images, logos, graphics, photos, audio or video films and updates) which are provided by the SUPPLIER to the PLATFORM are presumed to be the exclusive property of the SUPPLIER. However, the SUPPLIER authorizes the PLATFORM to use them as it sees fit for the purpose of promoting the SUPPLIER's services.
All the elements and data which are provided by the PLATFORM and made available to the SUPPLIER are the exclusive property of the PLATFORM.
The PLATFORM software is full property of the latter. They are recognized as such by the SUPPLIER, who refrains from copying or reproducing them in whole or in part.
The creations and developments of the PLATFORM are ALL RIGHTS RESERVED and therefore any copy in whole or in part is prohibited.
The SUPPLIER accepts that the PLATFORM may freely and ipso jure transfer the rights and obligations arising from this agreement, as well as all the documents relating thereto, in the event of a merger, demerger, takeover or restructuring of all or part of the society.
The PLATFORM is responsible for its own promotion campaigns and undertakes to deal with any complaint concerning it on this subject. If the SUPPLIER wants to make his own promotion campaign, he assumes responsibility for it and undertakes to take charge of any complaint concerning him on this subject.
The SUPPLIER is fully responsible for the content and activities that take place in their web and / or voice space on the PLATFORM.
The PLATFORM is responsible for its technical services and undertakes to take care of any complaints on this subject.
The PLATFORM can in no way be held responsible for any infraction or error contained in the elements and data communicated by the SUPPLIER.
The PLATFORM cannot be held responsible for the quality or availability of the Internet and telecommunications networks.
The PLATFORM cannot be held responsible, in case of force majeure, for facts and events beyond its control.
The PLATFORM undertakes not to disclose the SUPPLIER's personal data without the latter's written agreement and only in the event of a court decision. The PLATFORM also undertakes not to resell their email address to anyone.
The SUPPLIER authorizes the PLATFORM to distribute its image in whole or in part, directly or indirectly, via the Web or any other media to ensure the promotion of the PLATFORM and / or the SUPPLIER. It goes without saying that this distribution only concerns the profile images provided by the SUPPLIER and not his identity.
The PLATFORM is not responsible for any dispute arising between the SUPPLIER and the VISITOR.
The termination of this SUPPLIER contract does not affect the rights, obligations and responsibilities of the SUPPLIER and the PLATFORM which were born during the period when the contract was in force or for which it was intended that they remain valid for an indefinite period.
The PLATFORM reserves the right to modify, at its discretion, this agreement. In this case, it will inform the SUPPLIER by placing the new amended agreement on the PLATFORM. The modifications will come into force as of their publication on the PLATFORM. If the SUPPLIER does not want to accept the changes made, he may cancel his agreement upon request, without delay and without compensation from either party. His account will then be deleted.
The PLATFORM ensuring payment between the VISITOR and the SUPPLIER, deducts an amount from the transaction corresponding to the totality of the costs linked to the transaction as well as the technical and marketing costs. The balance returned to the SUPPLIER after the collection of these costs is therefore variable depending on the means of payment used by the VISITOR. The PLATFORM undertakes to inform the SUPPLIER of the amounts paid via a web page displaying the final remuneration of the SUPPLIERS following payment of the VISITORS after application of the aforementioned costs.
Actions and transactions are neither approved nor validated by the PLATFORM.
The SUPPLIER authorizes the PLATFORM to offer all means of payment likely to be used by the VISITOR.
The SUPPLIER authorizes, on his behalf, the PLATFORM to recover payments made by visitors, via premium rate telephone, premium rate sms, bank transfer, credit cards, electronic payments ...
The SUPPLIER authorizes, on his behalf, the PLATFORM to apply the prices, depending on the market, to the VISITOR. If a revision is necessary, the PLATFORM notifies the SUPPLIER.
The PLATFORM fees on transactions include :
- Telephone operator charges
- Debit and credit card buyer fees
- Local taxes on surcharged services
- Infrastructure costs
- Bank charges and other financial charges (ex: foreign exchange)
- Guarantee the payments and transactions made.
- Anti-fraud services and chargeback covers (payment cancellations)
- Accounting fees
- Equipment acquisitions and maintenance costs
- Research and development
- The costs of managing the platform (offices, staff, insurance, etc.)
- Legal fees
- Other supplier costs (commissions from our payment suppliers, etc.).
- Provide high availability hosting to PCI DSS v3 banking standards.
- Salaries of staff working to maintain and manage the platform efficiently.
- Promote the site to bring you customers through paid advertising campaigns (Google Adwords, Bing, Facebook, etc.).
The SUPPLIER has the possibility of downloading at any time, from his administration menu, the details of the amounts which are due to him, which have been paid to him and the amounts for which he can claim payment.
The fees are paid after establishing a document called "commission note" or "invoice" for professional users.
The SUPPLIER approves the statement provided by the PLATFORM as incontestable and requests payment via its administration menu. Any observations regarding any dispute must be made before payment of the disputed compensation. Any payment claimed is considered approved by the SUPPLIER.
The possible costs of bank transfers or others are chargeable to the SUPPLIER or chargeable to the PLATFORM, according to the means of payment chosen by the SUPPLIER.
Statistics older than one year are automatically deleted by the computer system without the possibility of complaints.
The PLATFORM is free to modify its services and to develop the technology it uses.
The PLATFORM does not guarantee that the payment services meet all the SUPPLIER's requirements or that the operation of the payment service is uninterrupted, safe, malfunctioning and unaffected by computer viruses.
The PLATFORM reserves the right to establish ethical rules in addition to this agreement. These rules are an integral part of this agreement. They are published on the site. In particular the confidentiality agreement.
If the PLATFORM does not act immediately following a violation of this contract by the SUPPLIER or by third parties, this does not mean that it renounces its right to act in the event of a subsequent or similar violation.
Each party declares and guarantees that it has the legal capacity and the authority necessary to sign this SUPPLIER SERVICE agreement.
This agreement is concluded in English. In the event of any difference between the English version and a version in another language of this Agreement, the English version prevails.
This agreement is subject to of England law.
This agreement is governed by and interpreted in accordance with of England law
Any related litigation is the responsibility of the London courts.