Общи условия на продажба

АБОНАМЕНТ FileWorld

Добре дошли и благодарим за доверието.

По-долу ще намерите Общите условия за продажба, приложими към сайта който ви позволява да конвертирате файловете си онлайн в различни формати. Тези условия включват ЗАДЪЛЖИТЕЛНО ТРЕТЕЙСКО ПРОИЗВОДСТВО and a ОТКАЗ ОТ КОЛЕКТИВНИ ИСКОВЕ.

Освен ако на Сайта към момента на Вашата Поръчка не е посочено друго, можете да се възползвате от уводна оферта на €0,60 за период от 48 часа, след което ще се автоматично подновя като абонамент на цена от €39,95 всеки 4 седмици, освен ако не го отмените от Вашия Личен профил на Сайта преди края на този пробен период.

Този абонамент е без обвързване и може да бъде прекратен по всяко време само с няколко клика.

Освен стандартното ценообразуване, потребителите могат да изберат между три алтернативни плана: 48-часов пробен период за €0,60, 7-дневен пробен период за €1,99, или годишен абонамент, таксуван по €24,95 на месец.

Ако имате въпроси, нашият отдел за обслужване на клиенти е на разположение от понеделник до събота, от 6:00 до 20:00 ч. :

по имейл help@fileworld.co – Стремим се да Ви отговорим в рамките на 24 часа.

Член 1 - ДЕФИНИЦИИ

Термините, които започват с главна буква, се отнасят до следните дефиниции :

“Company” means FileWorld Inc., 9 East Loockerman Street, Suite 311, Dover, DE 19901, USA. “Site” means the websites accessible via a URL link and all sites published by the Company to offer and sell its Services.

“Потребител” означава всяко лице, което навигира в Сайта.

“Услуга(и)” означава всички услуги и функции, налични в Сайта, които ви позволяват да конвертирате файлове (документи, изображения, видеоклипове, аудио и т.н..) в друг формат както е описано в Сайта.

“Поръчка” означава всеки абонамент за Услуги, направлен от Клиента към Дружеството чрез the Site.

Client means the natural or legal person, professional or otherwise, who subscribes to a Service with the Company.

General Terms and Conditions of Sale or GTCS means these general terms and conditions of sale applicable to the contractual relationship between the Company and its Clients, which include the privacy policy possibly available on the Site and any element of the Site to which they expressly refer.

Credentials means the username and password provided by the Company to the Client so that the Client can access the subscribed Service from its Personal Space via the Site or any other connection method.

Partner means any professional partner with whom the Company has a business relationship in the course of providing the Service, and to whom the Client may be referred as part of delivering the Service.

Article 2 - SCOPE OF APPLICATION

The GTC govern the provision of the Services to the Client, including the conditions of use of the Site published and made available by the Company.

Access to the GTC. The GTC are accessible at any time via the Site and supersede, where applicable, any other previous or future version. The GTC take effect on the update date indicated at the top of this document, and all other conditions apply, particularly those applicable to sales made through other distribution and marketing channels.

Acceptance of the GTC. The Client declares that they have read and accepted the GTC before placing the Поръчка, which implies unconditional acceptance of the GTC. By accepting the Поръчка, the Client acknowledges that they have received from the Company on the Site, prior to any Поръчка, sufficient information and advice to ensure that the content of the Поръчка meets their needs. The GTC constitute the entirety of the parties’ rights and obligations within their contractual relationship.

By placing an Поръчка, the Client declares that they are of legal age and have the capacity to contract under the laws of their country, or that they represent the person on whose behalf they subscribe to the Service under a valid power of attorney. In any event, the Client warrants that they have the necessary authorizations to use the payment method chosen when validating the Поръчка.

Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptances, and transactions.

Scope of the GTC. The Client may at any time request a copy of the version of the GTC applicable to their Поръчка. No special condition may be added to and/or replace the existing general conditions at the Client’s initiative. The Company reserves the right to set special conditions for the Services, special offers, special guarantees, etc. provided to the Client prior to the Поръчка. The fact that the Company does not invoke, at any time and for any reason whatsoever, a breach by the Client of any of the obligations referred to herein shall not be interpreted as a waiver of the right to invoke such breach at a later date.

Article 3 - SERVICE FEATURES

Presentation. The Client may subscribe to the Service offer on the Site, as summarized on the order page and in the confirmation e-mail.

The Client is expressly informed that all Service offers are subject to change. Only the Service defined at the time the Поръчка is placed is available to the Client. When the contract concluded with the Company concerns the provision of digital content or a digital service (to the exclusion of other services that are not classified as digital services), the service is provided as is and no minimum quality level is guaranteed to the Client.

Language. The Service is provided by the Company in French.

Service information. The Services managed by GTS are described and provided as accurately as possible. However, the Company cannot be held liable for any error or omission in this presentation, unless such errors or omissions constitute a substantial part of the offer in question.

Version and updates. The Service subscribed to by the Client is provided in the version current on the purchase date. Unless otherwise stated on the Site at the time of ordering, updates are included in the price of the Service and the Client will benefit from the offered improvements and new features.

Article 4 - SUBSCRIPTION AND TERMINATION CONDITIONS

The service starts immediately after the Поръчка is placed.

After the trial period, the offer is automatically converted into a non-binding monthly subscription that can be canceled at any time.

Unless otherwise stated in the Поръчка, the trial period is offered at a reduced price for a limited duration of 48 hours, after which the non-binding monthly subscription begins.

The Client may terminate the subscription by notifying us at least 24 hours before the end of the current month:

• by clicking on the “unsubscribe” button in your Personal Space on the website;
• by entering their e-mail address and the last 4 digits of the credit card used for the Поръчка in the unsubscribe form included in the e-mail sent to them following their unsubscribe request.

Termination will take effect at the end of the current subscription month.

The Client may also suspend their subscription at any time and reactivate it later from their Personal Area.

No additional amount will be charged and no amount already paid for the subscription will be refunded. Any month started late, suspended, or terminated will be fully charged.

Usage restrictions: To ensure optimal performance and accessibility of our services for all users, a usage limit of 1,000,000 characters per account applies to the translation feature during each four-week billing cycle. This limit is calculated cumulatively across all translations performed by the account. Exceeding the character limit may result in temporary suspension of access to the translation feature until the start of the next billing cycle. Ако имате въпроси or wish to modify this limit, please contact our support team.

Article 5 - ORDERS

Placing an order on the site. After selecting the Service they wish to subscribe to on the Site, the Client is redirected to an order page where they enter their contact details and payment terms (single or installment payment, payment method). The Client is solely responsible for the accuracy of the information provided and warrants the Company against any false identity. The Client must in particular have a functional e-mail inbox. Otherwise, the Client will not be able to receive written confirmation of their Поръчка or the access codes to the Service at the provided e-mail address.

The Client may not hold the Company liable for any failure resulting from the inaccuracy or falsification of the information provided when placing the Поръчка and that will be used for the provision of the Service.

Payment obligation. Any Поръчка received by the Company is deemed final and implies full and complete acceptance of the GTC under the conditions set out herein, as well as the obligation to pay for the Services ordered.

Electronic signature. The online provision of the Client’s banking details and the final verification of the Поръчка shall constitute (i) proof of the Client’s agreement, (ii) the due date of the amounts owed for the Поръчка placed, and (iii) signature and express acceptance of all actions carried out during the Поръчка on the Site (box checking, unchecking, verification click, etc.).

Поръчка verification. Once the Client has read and accepted the General Terms and Conditions of Sale on the Поръчка page, they are redirected to an Поръчка summary page where they enter their banking details before confirming their payment. It is the Client’s responsibility to check and, where appropriate, correct the information appearing in the Поръчка summary before confirming payment of the Поръчка. This second click definitively confirms the Client’s Поръчка.

Поръчка confirmation. As soon as payment has been confirmed by the Company or the payment service provider, the Client receives a confirmation and Поръчка summary e-mail.

Proof of the transaction. The computerized records, kept under reasonable security conditions in the Company’s computer systems, will be considered proof of communications, Поръчкаs, and payments made between the parties. The archiving of purchase orders and фактури is carried out on a reliable and durable medium that can be produced as proof.

Article 6 - PRICING TERMS

Applicable rates. The subscribed Service is provided at the rates in force on the Site on the date the Client’s Поръчка is recorded by the Company. The Client can obtain up-to-date information on all applicable rates and maintenance fees from the pricing tab on the Site, or by contacting the Company at help@fileworld.co.

Prices are indicated in euros and include the VAT applicable on the Поръчка date. Any change in the applicable VAT rate will automatically be passed on to the price of the Services. The prices displayed on the Site are inclusive of all taxes. It is up to the Professional to carry out all necessary checks and comply with all tax obligations, in particular VAT, for which the Client is solely responsible.

In the event of an international sale, customs duties and other taxes are the sole responsibility of the Client. The Company accepts no liability in this respect and responsibility lies exclusively with the Client.

All or part of the Service may be provided in exchange for the communication of personal data (such as first name, last name, email address, telephone number, etc.) that may be used for commercial prospecting purposes with the Client’s explicit, free and informed consent, and not in exchange for the payment of a fee.

Payment of amounts. Confirmation of the order makes all amounts due under the order payable. By confirming the order, the Client authorises the Company (or its Partners, payment service providers) to send instructions to his or her bank to debit the bank account provided by the Client in accordance with the due dates specified in the order summary.

Payment method. Direct debit. The Client may choose to pay by direct debit using secure systems and services provided by third parties on the Site and subject to their own contractual terms over which the Company has no control. In this case, payment is made using the credit card details provided to the payment service provider in accordance with the payment method offered. The Company reserves the right to use the payment service providers of its choice and to change them at any time.

Debit authorisation – subscription. By providing his or her banking details at the time of sale, the Client authorises the Company to debit his or her account for the amount of the price indicated on the Site for the Service as soon as the Поръчка is placed in order to benefit from the trial offer, and then throughout the term of the subscription and its renewals.

The Client guarantees the Company that he or she is of legal age and has the necessary authorisations to use the means of payment chosen when validating the Поръчка form.

Special offers and discount coupons. The Company reserves the right to offer time-limited special offers, promotional offers or price reductions on its Services, and to revise its offers and prices on the Site at any time in accordance with the law. The applicable prices are those in force at the time of the Client’s Поръчка, and the Client may not benefit from other prices before or after the Поръчка. Vouchers may be subject to specific conditions and are in any event strictly exclusive to the beneficiary and may only be used once. The Client is expressly informed that the use of certain promotions may be subject to a minimum commitment period that will be indicated at the time of the Поръчка.

Payment events – Fraud. The Company reserves the right to suspend any Поръчка processing and any provision of Service in the event of non-authorisation or non-payment of a credit card payment by the officially accredited bodies. The Company notably reserves the right to refuse to honour an Поръчка from a Client who has not fully or partially paid a previous Поръчка or with whom a payment dispute is in progress.

The Company may contact the Client to request additional documents in order to finalise payment of the Поръчка. The Company may rely on the information provided by the order analysis system. The requested documents must be provided before the Company can confirm the Поръчка. To combat credit card fraud, the Company may carry out a visual check of the means of payment before making the Service available. In the event of fraudulent use of a credit card, the Client is invited to contact the Company as soon as this is discovered, without prejudice to any steps that may be taken with the bank.

Default or late payment. In the event of default or late payment by the Consumer or the Professional Client, the interest and penalties provided for by law shall apply.

Payment facilities. If the Company offers the Client the possibility of paying the entire fixed price in several instalments, this is a method of paying the price of the Service and not a non-binding payment or a monthly subscription. Regardless of the number of instalments, the full price corresponding to the sum of the instalments must be paid. The due date can never be more than three months after termination of the Service and/or termination of the Client’s access to the Service. This payment facility does not constitute a loan or micro-credit.

When staggered payment is offered, the first instalment is payable on the Поръчка date and the following instalments are payable at the intervals specified in the Поръчка summary (unless otherwise stated, at monthly intervals). In this case, the Client guarantees the validity of the banking details until the last scheduled payment date. The Company reserves the right to refuse an Поръчка in several instalments if the credit card expires before the last scheduled payment, or if the secure payment provider opposes it.

Article 7 - RIGHT OF WITHDRAWAL

Period. The Client may withdraw from the contract concluded with the Company without giving a reason within fourteen calendar days from the day after the Поръчка (the day after the date of signing the contract). If this period expires on a Saturday, Sunday or public holiday, it is extended until the last hour of the next working day.

Exercise. To exercise the right of withdrawal, the client must notify help@fileworld.co of his or her decision to withdraw from this contract by means of a clear statement (for example, a letter sent by post, fax or email). The client may use the model withdrawal form, but is not obliged to do so. This is a consumer right and not a commercial guarantee.

In the event of withdrawal for one or more services, the company will refund the price paid by the same means of payment used for the initial transaction, no later than fourteen days from the day after the decision to withdraw is made, unless the client agrees to another means.

EXAMPLE WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

Attention FileWorld - FileWorld Inc., 9 East Loockerman Street, Suite 311, Dover, DE 19901, USA - help@fileworld.co:
I/We (*) hereby inform you that I/we (*) cancel the contract for the provision of the following services (*): (*) ordered on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is submitted on paper): Date: (*) Delete as appropriate.

PLEASE NOTE THAT THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE FOLLOWING CASES:

• THE CLIENT IS A PROFESSIONAL.
• THE CONTRACT IS CONCLUDED FOR CURRENT OR FUTURE PROFESSIONAL PURPOSES.
• The provision of services fully performed before the expiry of the withdrawal period and whose performance began after the consumer’s prior express consent and express waiver of the right of withdrawal;
• The provision of digital content not supplied on a tangible medium, the performance of which began after the consumer’s prior express consent and express waiver of the right of withdrawal;
• The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
• The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications;
• The supply of goods made to the consumer’s specifications or clearly personalised;
• The provision of accommodation services other than residential accommodation, transport services, car rental, catering or leisure activities to be provided on a specific date or at a specific time (conference, live event, etc.).

If the Client requests performance directly after placing the Поръчка, without waiting for the end of the withdrawal period but without waiving the right to do so in the cases described above, he or she shall pay the Company an amount corresponding to the Service provided up to the notification of the decision to withdraw. This amount is proportional to the total price of the Service agreed when the Поръчка was placed. If the total price is excessive, the appropriate amount will be calculated on the basis of the market value of what has been supplied.

Subject to legal exceptions and where required by law, at the time of the Поръчка the Client may be asked, by means of a tick box or any other appropriate method, to indicate that he or she agrees to receive the Service and/or waives the right of withdrawal before the expiry of the withdrawal period. Failing this, the Company reserves the right not to send any content to the Client before the expiry of the fourteen-day period to which the Client has expressly consented.

Service termination in the event of use. The exercise of the right of withdrawal terminates the obligation of the parties to perform the contract or to conclude the contract when the consumer makes an offer. The exercise of the right of withdrawal from a principal contract automatically terminates any ancillary contract without imposing costs on the consumer, except those provided for by law. Consequently, the client is informed that in the event of exercising the right of withdrawal, the company will immediately suspend the service.

Article 8 - CONDITIONS OF ACCESS TO THE SITE AND THE SERVICE

Access to the Site. The Site is freely accessible to anyone with Internet access. All costs related to access to the Site, whether hardware, software or Internet access, are exclusively borne by the Потребител. The Company shall not be liable for any material damage related to the use of the Site. Furthermore, the Потребител undertakes to access the Site using new equipment, free of viruses and with an up-to-date latest-generation browser. The Потребител is solely responsible for the proper functioning of his or her computer equipment and Internet access in order to access the Site and the Service.

Access to the Service. The Company will provide the credentials enabling access to the Service no later than 24 hours from the date and time of the Client’s Поръчка, subject to the bank’s acceptance of payment. It is therefore essential to provide a valid email address. The conditions of access to the Service may vary depending on the conditions for exercising the right of withdrawal, in accordance with the terms provided in the GTC and by law.

Clients are invited to contact the Company if they have not received or if they have lost their credentials, so that they can be reset within 48 hours. The subsequent provision of the credentials releases the Company from any liability towards the Client, who cannot hold the Company responsible for the unavailability of the Service.

Credentials are individual and personal. Any login credential provided by the Company to the Client is strictly personal, individual, confidential and non-transferable. The Client undertakes to subscribe to the Service solely for his or her personal use and declares that he or she will not resell, distribute or rent to third parties all or part of the Services, and in particular the content of the Services or any other product received as part of the Поръчка. Any Client who fails to comply with this undertaking will be prosecuted. The Client is responsible for any unauthorised, fraudulent or abusive use of his or her credentials and must immediately inform the Company in the event of loss or theft thereof. In the event of a proven breach of the conditions of access to the Site or the Service, the Company reserves the right to suspend access to the Service without compensation, notice or prior information.

Number of accesses. Unless special conditions provide for wider access, a Client’s subscription to a Service includes access rights for a single person, regardless of the number of the Client’s employees or organisations. If the Client wishes several of his or her employees, collaborators, partners or any other person to have access to the Service, he or she must subscribe to the contract for the number of people for whom access to the Service is requested.

Maintenance. The Site may be subject to maintenance and the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service, for maintenance reasons (including updates) or for any other reason, without incurring any liability or entitlement to compensation.

Availability. The Company uses all reasonable means at its disposal to ensure continuous and quality access to the Site and the Service, but has no obligation to achieve this. The Company cannot, in particular, be held liable for any malfunction of the network or servers or any other event beyond reasonable control that would prevent access to the Site or the Service.

Good-faith use – Third-party sites. Any contribution space on the Site that the Client may access as part of a Service, including social networks and groups, must be used in good faith. The Client prohibits any defamatory, threatening, hateful, intolerant, obscene, etc., statements or any offensive publication likely to infringe the rights of the Company, other Потребителs, third parties or contrary to the law.

The Company reserves the unilateral right, without notice, to refuse any Client who does not comply with the T&C, the terms of use of the Site, the Service and/or the third-party sites, platforms and tools accessible within the framework of the Service, or more generally any legal or regulatory obligation, access to all or part of the Site, the Service, contribution spaces and groups, or to limit the rights of access to contribution spaces and groups.

The Client undertakes to familiarise himself or herself with the terms of use of all third-party sites, social networks, platforms and tools accessible within the framework of the Service and to comply with them. The Company has no control over these terms and declines all responsibility should the Client be banned from these third-party sites or become involved in a dispute with them.

Article 9 - WARRANTY OF CONFORMITY

THE CLIENT IS EXPRESSLY INFORMED THAT THIS WARRANTY DOES NOT APPLY TO PROFESSIONAL CLIENTS AND TO SERVICES OTHER THAN DIGITAL SERVICES, WHETHER OR NOT THE PROFESSIONAL USES DIGITAL FORMATS OR TOOLS TO CREATE, PROVIDE OR COMMUNICATE THE PRODUCT OR SERVICE TO THE CONSUMER.

The consumer has the right to invoke the statutory conformity warranty in the event of a lack of conformity for the entire duration of the subscription, starting from the supply of the digital content or service. During this period, the consumer only has to establish the existence of the lack of conformity, not the date on which it occurred.

The statutory conformity warranty includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service throughout the duration of the subscription.

The statutory conformity guarantee allows the consumer to have the digital content or service brought into compliance without delay, free of charge and without major inconvenience upon request.

By keeping the digital content or service, the consumer may obtain a price reduction or terminate the contract with a full refund in exchange for relinquishing the digital content or service if:

• The Company refuses to bring the digital content or service into compliance;
• Unjustified delay in bringing the digital content or service into compliance;
• The digital content or service cannot be brought into compliance without incurring costs for the consumer;
• The digital content or service is rendered unsuitable, causing significant inconvenience to the consumer;
• The non-conformity of the digital content or service persists despite the provider’s unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or to terminate the contract when the non-conformity is sufficiently serious to justify an immediate price reduction or contract termination. In this case, the consumer is not required to first request that the digital content or service be brought into compliance.

When the lack of conformity is insignificant, the consumer may only terminate the contract if it does not provide for any consideration to be paid.

Any period during which the digital content or service is unavailable for remediation purposes suspends the running of the guarantee until the digital content or service is brought back into compliance.

These rights arise from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

Any provider who, in bad faith, obstructs the implementation of the statutory conformity guarantee is liable to a fine of up to €300,000, increased up to a limit of 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

The consumer also benefits from a statutory warranty against latent defects for a period of two years from the discovery of the defect, pursuant to Articles 1641 to 1649 of the Civil Code. This warranty entitles the consumer to a price reduction if the digital content or service is kept, or to a full refund if the digital content or service is abandoned.

The translation and summarization services offered on https://fileworld.co leverage artificial-intelligence technologies. While we strive to deliver accurate and reliable output, because of the inherent limitations and evolving nature of AI, translations and summaries may occasionally include inaccuracies, omissions or misinterpretations of context. https://fileworld.co provides no warranty as to the absolute accuracy or completeness of AI-generated content. By using our translation and summarization services, you acknowledge and accept the limitations of AI-generated results and agree that https://fileworld.co shall not be held liable for any inaccuracies, damage or loss arising from reliance on AI-generated content.

Article 10 - PERSONAL DATA PROTECTION

The Company respects the privacy of its Потребителs and Clients. It undertakes to ensure that the collection and automated processing of their data—for the purposes of managing contracts and Поръчкаs, delivering and improving the Site and the Service, commercial research and dispute management—comply with the General Data Protection Regulation (GDPR) and with the French Data-Protection Act in its latest version.

In order to supply the Service or certain digital content, the Company may collect and process the following data concerning the Client: last name, first name, email address, telephone number, billing address, bank details.

Clients’ personal data will not be retained beyond the period strictly necessary for the purposes stated. Certain data that serve as proof of a right or contract may be archived for a period corresponding to the statutory limitation or foreclosure periods for any judicial or administrative proceedings.

Pursuant to the French Data-Protection Act and the GDPR, the Client or any person concerned by the processing holds the rights not to be subject to an automated decision and, in particular, the rights of access, rectification, restriction of processing, objection to processing, portability, erasure and profiling, under the conditions laid down by the applicable law. Where relevant, субектът на данните also has the right to withdraw consent at any time.

The Client is informed and accepts that the Site and/or the Service may include technical tools that allow usage tracking (logged-in user account, IP address, type of application used, various connection and account-usage logs, etc.) and may be used to combat fraud and/or to identify and/or prevent any unlawful or abusive use of the Site.

Any request to exercise these rights may be sent by email to help@fileworld.co. Any person affected by the data processing has the right to lodge a complaint with the Commission Nationale Informatique et Libertés.

The Company may request the Client’s telephone number when the Поръчка is placed. Consumers who do not wish to receive commercial solicitations are informed that they can register free of charge on the telephone canvassing refusal list “Blocktel” (more information at bloctel.gouv.fr). If the Client is registered on this list, the Company will not make marketing calls and may contact the Client by telephone only for requests made in connection with the execution of an ongoing Поръчка and related to the purpose of the Поръчка.

To address security incidents, threats or vulnerability situations, the Company may take the following measures online: inform clients and, where appropriate, the supervisory authority; raise awareness among the Company’s teams; strengthen the security of the Company’s facilities and workstations. The Company may also apply the following measures to its clients: condition access to the Service on changing their Identifier, request that they strengthen their passwords, and implement authentication procedures that offer enhanced security.

For more information about automated data processing and the exercise of rights, the Потребител may consult the privacy policy, which is always available on the Site.

Article 11 - JOINT SITES - TEXT LINK BRIDGES

Through hypertext links available on the Site or within a Service, the Потребител may access Partner or third-party sites designed and operated under the responsibility of third parties not subject to the GTC. The Потребител is therefore invited to read the contractual terms of use or sale, as well as the privacy policies or other legal information applicable to these Partner or third-party sites.

The Company exercises no control over these sites and their content and disclaims all liability for their content and for any use that third parties may make of the information they contain. This clause applies to all Partner content.

In the event that a third-party site redirects its users to the Site, the Company reserves the right to request the removal of the hyperlink pointing to the Site if it considers that such link is incompatible with its rights and legitimate interests.

Article 12 - FORCE MAJEURE OR IMPOSSIBILITY OF PERFORMANCE

The performance of the Company’s obligations hereunder will be suspended in the event of a fortuitous event or force majeure preventing performance. This suspension may affect all or part of the Service. In such a case, the Company will inform the Client as soon as possible of the occurrence of the event and the estimated duration of the suspension. Only a definitive impediment may result in a refund. In the event of partial suspension, only a partial refund will be made.

Under the conditions provided by law, the Clients expressly agree that they may not invoke force majeure to delay payment for a Service (for example, an invoice) already supplied or being supplied, or to refuse delivery of an Поръчка placed.

Events considered as force majeure or fortuitous events, in addition to those usually recognised by the case law of the courts and arbitral tribunals and without limitation, include strikes or social conflicts internal or external to the Company, natural disasters, fire, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport in any form whatsoever, or other circumstances beyond the reasonable control of the Company.

The Company cannot be held liable for any difficulty encountered by the Потребител or the Client in accessing the Site and/or the Service owing to a technical or software failure or any other reason beyond its control. The Client acknowledges awareness of the technical hazards inherent in the Internet and mobile networks and of the malfunctions that may result. Consequently, the Company cannot be held liable for the unavailability, slowdown or malfunction of the Internet or of any IT solution, except in the event of proven negligence on its part.

Furthermore, if the person(s) in charge of the Service are prevented from performing due to illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace such person(s) and/or to suspend the Service, without the Client being entitled to any compensation. The Company will inform the Client within a reasonable time of this incapacity and, where possible, of its duration. Only a definitive incapacity approved by the Company may result in a refund. In the event of partial incapacity, only a partial refund will be made.

Article 13 - INTELLECTUAL PROPERTY RIGHTS

The Company or its Partners hold all intellectual property rights to the Site and the Service. Intellectual property rights include, in particular, all content, text, images, videos, graphics, logos, icons, sounds and software that appear on the Site or constitute the tools and resources made available on the Site and within the Service.

Access to the Site and the Service does not confer upon the Потребител or the Client any rights to the intellectual property related to the Site and the Service, which remain the exclusive property of the Company or its Partners.

Under no circumstances may the Потребител or the Client reproduce, represent, modify, transmit, publish, adapt or exploit, on any medium, by any means and in any manner whatsoever, all or part of the Site and the Service without the prior written consent of the Company or its Partners.

Any use of the Site or of all or part of the Service for any purpose without the prior authorisation of the Company or its Partners may give rise to any appropriate action, including suspension of access to the Service or an infringement action.

In consideration of the price paid at the time of the Поръчка, the content, techniques, know-how and methods provided—and more generally all information contained in the Service—are subject to a strictly personal, non-transferable and non-exclusive right of use, only for the term of the contract, for the duration of the Service chosen by the Client when ordering.

As such, the Client undertakes not to use or exploit the Service on behalf of others, including its employees or entourage. The Client is responsible for any unauthorised transfer or transmission of the Service content or for any sharing of the Client’s login credentials in any manner whatsoever. The Client is responsible for ensuring that its employees who may have access to the restricted content of the Site and to all Service content comply with the intellectual property rights of the Company or its Partners.

All distinctive signs used by the Company are protected by law, and their unauthorised use without the Company’s permission may give rise to legal proceedings. The Company reserves the right to terminate the Client’s access to the Service in the event of an infringement of intellectual property rights, without prejudice to any penalties or damages.

Article 14 - REVIEWS, REFERENCES AND CONTACT

Information about reviews. Clients may be invited to provide feedback on the Service they have used by completing the dedicated form. They undertake to give an accurate account of their user experience.

Reviews on the site are sorted in alphabetical/chronological order and are checked by the Company prior to publication, of which the Client is expressly informed (positive reviews only).

After publication, the Client may request to amend or remove their review by writing to help@fileworld.co. The Company reserves the right not to publish the amended review.

If the Company refuses to publish the review, the Client will be informed by email within one month.

Потребителs are therefore expressly informed that reviews are checked before being published and are provided for information purposes only.

Client reference. The Company may invite Clients to appear on the list of Service beneficiaries. With the Client’s consent, the Company may be authorised to state the Client’s name, the recommendations given to the Company regarding the Service and an objective description of the nature of the Service provided to the Client in its reference lists and in its offers to potential clients and Clients, notably on the Site, for advertising and promotional purposes, in discussions with third parties, in communications with its staff, in internal forecasting documents and where required by legal, regulatory or accounting provisions.

Commercial authorization. When the Client submits writings, videos and/or photos to the Company to give feedback or testify about the Service provided by the Company and, where applicable, publishes comments or posts about the Company (for example on social networks) to which their social-network identifier and profile photo are attached, the Client authorises the Company to use such content to promote its business activities. The content may be protected by image rights and/or copyright, in which case the Client authorises the Company to adapt it (in form) and to reproduce it on any medium, in particular by presenting it as a commercial reference and/or review. By way of example, the Company may take screenshots of messages posted on social networks relating to the Company or to the Service used by the Client and reproduce them as reviews on the Site.

The Client acknowledges that he/she is the sole holder of his/her rights and that he/she may not receive any remuneration for the use of the rights referred to in this paragraph. These rights are granted for the lifetime of the respective Client, plus 70 years, and worldwide. The Company reserves the right to make any other claim for any cases not mentioned in this document or for authorization to take photographs and temporarily assign the rights to the Client.

Article 15 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

The Company reserves the right to amend, at any time and without notice, the terms, conditions and modalities of use of the GTC in order to adapt them to developments in the Site or its operation and to the characteristics of the Service. The applicable conditions are those accepted by the Client and, in the case of distance selling, sent to the Client by any means of communication on a durable medium.

Amendments made by the Company to the General Terms and Conditions do not apply to Services already subscribed to, except for provisions relating to the technical evolution of the Service, insofar as they do not result in an increase in price or a change in the quality or characteristics on which the non-professional Client or consumer bases his/her engagement.

The Client may also be asked to accept the amended GTC, failing which the last accepted GTC will continue to apply until completion of the Service. If the Company is unable to continue providing the Service under the previous conditions, the Client may request termination and reimbursement. In this case, the Company may retain an amount corresponding to the Service provided up to the date of termination, under the conditions provided for by law.

Article 16 - LIABILITY

Warranty. Except for any applicable statutory or commercial warranties, the Company assumes no liability and provides no warranty, express or implied, including, but not limited to, warranties of continuity, performance, results or durability of the Service provided.

The price of the Service in no way includes the costs that the Client will have to bear within the scope of its activities to achieve its objectives, and any cost amount, for example for advertising, is always provided for information purposes only within the framework of the Service.

The goals, successes or examples presented by the Company on the Site and within the Service require a concrete and effective application of all advice, techniques and tools that may be provided under the Service, and under no circumstances constitute a promise of earnings or results. The Company can in no way guarantee that the Client will obtain similar results, and these references are used for illustrative purposes only.

Потребител and Client liability. The Потребител or the Client is solely responsible for the interpretation he/she makes of the information provided under the Services, the advice he/she extracts or that is provided to him/her within the Services, and the adjustments he/she makes to his/her own activities. Use of the information is at the Client’s sole risk, which the latter expressly accepts.

The Client acknowledges having received adequate information and advice before proceeding, and is aware that any desired outcome entails inherent risks and requires considerable effort. The Client declares that he/she is fully aware that the Services offered are provided for information purposes only and that the Company does not undertake to obtain any particular result for the Client, except to the extent that a specific commercial warranty applicable to the Service exists. None of the Services are medical, psychological, legal or financial services. They do not lead to a diploma recognized by the State and have never been presented by the Company as such. The Client is entirely free to forgo the Service under the conditions set out in the contract. He/she acts under his/her sole and exclusive responsibility.

As a publisher, the Client assumes responsibility for communicating information to the public and the editorial responsibility for all of its communications, both physical and online, including, but not limited to, website(s), blogs, pages and accounts on social networks. The Client is solely responsible for the quality, legality and suitability of the data and content that he/she communicates to the public.

Limitation of liability. Regardless of the type of Services chosen by the professional Client, the Company’s liability is expressly limited to compensation for direct damage proven by the professional Client. Under no circumstances is the Company liable for indirect damage such as loss of data or files, loss of business, commercial prejudice, loss of profit or damage to the professional Client’s image or reputation. Similarly, the Company cannot be held liable for direct or indirect damage caused to the Потребител’s equipment when accessing the Site or the Service, resulting from the use of equipment that does not meet the required specifications, or from the occurrence of an error or incompatibility.

IN ANY EVENT, THE COMPANY’S LIABILITY TOWARDS PROFESSIONALS IS LIMITED TO THE AMOUNT EXCLUDING TAXES PAID BY THE CLIENT FOR THE PROVISION OF THE DISPUTED SERVICE. THIS AMOUNT IS UNDERSTOOD AS THE MAXIMUM THAT THE COMPANY MAY BE REQUIRED TO PAY AS COMPENSATION (DAMAGES) AND PENALTIES, WHATEVER THE REASONS FOR THE ALLEGED DAMAGE AND THE LEGAL GROUNDS RELIED UPON, UNLESS OTHERWISE PROVIDED BY LAW OR CASE LAW.

Article 17 - GENERAL PROVISIONS

These general terms and conditions of sale, together with all sales and purchase operations referred to herein, are governed by Swiss law, unless the law applicable to the client provides otherwise, particularly when the client is a consumer subject to different legislation. Drafted in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

The nullity of a contractual clause does not entail the nullity of the GTC. Temporary or permanent non-enforcement by the Company of one or more clauses of the GTC shall not constitute a waiver by the Company of the other clauses, which shall continue to have effect, nor a waiver of the right to invoke them subsequently.

The Client agrees that the Company may assign this contract to its affiliates or to a purchaser without prior consent.

Article 18 - DISPUTE RESOLUTION

1. Amicable settlement

In the event of disagreement or dispute relating to the interpretation, performance or fulfilment of the contract, the Client must first contact the Company to seek an amicable solution. The Company favors dispute resolution through constructive and direct communication wherever possible.

2. Consumer dispute resolution (EU residents)

For consumer Clients residing in the European Union, and in accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform that facilitates independent, impartial and transparent out-of-court settlement procedures. This platform is available at: https://ec.europa.eu/consumers/odr

Consumers may also refer the matter to an alternative dispute resolution (ADR) body in their country of residence, subject to local regulations.

3. Swiss mediation (CH residents)

Swiss consumers may, if no amicable solution is found, refer the matter to a recognized Swiss mediation body. Mediation is a voluntary and confidential process aimed at resolving disputes without going to court.

4. Jurisdiction for professional Clients

For disputes involving professional Clients, including those concerning the validity, interpretation, performance or termination of the contract – and regardless of the number of parties or the type of procedure (ordinary, preventive, summary, etc.) – exclusive jurisdiction is vested in the competent courts of the Company’s registered office in Switzerland. Swiss law shall apply, subject to mandatory provisions of the Client’s country of residence.

CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT DESCRIBED ABOVE). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST THE COMPANY. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.

EXCEPT FOR THE MASS FILING PROCEDURES DESCRIBED BELOW, YOU AND WE AGREE THAT:

• THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.
• THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND THE COMPANY AGREE THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT.