Generelle salgsbetingelser

ABONNEMENT FileWorld

Velkommen og tak for din tillid.

Nedenfor finder du de Almindelige Salgsbetingelser, der gælder for webstedet, som giver dig mulighed for at konvertere dine filer online til forskellige formater. Disse betingelser inkluderer en aftale om BINDENDE VOLDGIFT og FRAFALD AF GRUPPESAG.

Medmindre andet er angivet på webstedet på tidspunktet for din bestilling, kan du benytte et introduktionstilbud til €0,60 eller €2,90 i en periode på 48 timer, hvorefter det automatisk fornyes som et abonnement til €39,95 eller €27,95 hver 4 uger, medmindre du opsiger det fra dit personlige område på webstedet inden udløbet af denne prøveperiode.

Dette abonnement er uden binding og kan opsiges når som helst med få klik.

Ud over standardprisen kan brugerne vælge mellem tre alternative planer: en 48-timers prøve til €0,60, en 7-dages prøve til €1,99 eller et årligt abonnement, der faktureres til €24,95 pr. måned. Priser, prøveperiodens varighed og abonnementsvilkår kan variere afhængigt af brugerens placering eller igangværende tests og vil blive angivet på købstidspunktet.

Har du spørgsmål, står vores kundeserviceteam til rådighed mandag til lørdag fra kl. 6 til 20:

via e-mail help@fileworld.co – Vi bestræber os på at besvare dig inden for 24 timer.

Artikel 1 - DEFINITIONER

Udtryk, der begynder med stort bogstav, henviser til definitionerne nedenfor:

“Company” means HelloSoftware SA, Route de Lausanne 134, Le Mont-sur-Lausanne, Suisse. “Site” means the websites accessible via a URL link and all sites published by Virksomheden to offer and sell its Tjenestes.

“Bruger” means any person browsing webstedet.

“Tjeneste(s)” means all of the services and features available on webstedet that allow you to convert files (documents, images, videos, audio, etc.) into another format as described on webstedet.

“Ordre” means any subscription to Tjenestes placed by the Klient with Virksomheden via webstedet.

Klient means the natural or legal person, professional or otherwise, who subscribes to a Tjeneste with Virksomheden.

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

Credentials means the username and password provided by Virksomheden to the Klient so that the Klient can access the subscribed Tjeneste from its Personal Space via webstedet or any other connection method.

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

Article 2 - SCOPE OF APPLICATION

The GTC govern the provision of Tjenesternes to the Klient, including the conditions of use of webstedet published and made available by Virksomheden.

Access to the GTC. The GTC are accessible at any time via webstedet 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 Klient declares that they have read and accepted the GTC before placing the Ordre, which implies unconditional acceptance of the GTC. By accepting the Ordre, the Klient acknowledges that they have received from Virksomheden on webstedet, prior to any Ordre, sufficient information and advice to ensure that the content of the Ordre meets their needs. The GTC constitute the entirety of the parties’ rights and obligations within their contractual relationship.

By placing an Ordre, the Klient 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 Tjeneste under a valid power of attorney. In any event, the Klient warrants that they have the necessary authorizations to use the payment method chosen when validating the Ordre.

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

Scope of the GTC. The Klient may at any time request a copy of the version of the GTC applicable to their Ordre. No special condition may be added to and/or replace the existing general conditions at the Klient’s initiative. The Company reserves the right to set special conditions for Tjenesternes, special offers, special guarantees, etc. provided to the Klient prior to the Ordre. The fact that Virksomheden does not invoke, at any time and for any reason whatsoever, a breach by the Klient 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 Klient may subscribe to the Tjeneste offer on webstedet, as summarized on the order page and in the confirmation e-mail.

The Klient is expressly informed that all Tjeneste offers are subject to change. Only the Tjeneste defined at the time the Ordre is placed is available to the Klient. When the contract concluded with Virksomheden 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 Klient.

Language. The Tjeneste is provided by Virksomheden in French.

Tjeneste information. The Tjenestes managed by GTS are described and provided as accurately as possible. However, Virksomheden 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 Tjeneste subscribed to by the Klient is provided in the version current on the purchase date. Unless otherwise stated on webstedet at the time of ordering, updates are included in the price of the Tjeneste and the Klient will benefit from the offered improvements and new features.

Article 4 - SUBSCRIPTION AND TERMINATION CONDITIONS

The service starts immediately after the Ordre 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 Ordre, 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 Klient 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 Ordre 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 Klient 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 faktureringscyklus. 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 faktureringscyklus. If you have any questions or wish to modify this limit, please contact our support team.

Article 5 - ORDERS

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

The Klient may not hold Virksomheden liable for any failure resulting from the inaccuracy or falsification of the information provided when placing the Ordre and that will be used for the provision of the Tjeneste.

Payment obligation. Any Ordre received by Virksomheden 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 Tjenesternes ordered.

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

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

Ordre confirmation. As soon as payment has been confirmed by Virksomheden or the payment service provider, the Klient receives a confirmation and Ordre summary e-mail.

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

Article 6 - PRICING TERMS

Applicable rates. The subscribed Tjeneste is provided at the rates in force on webstedet on the date the Klient’s Ordre is recorded by Virksomheden. The Klient can obtain up-to-date information on all applicable rates and maintenance fees from the pricing tab on webstedet, or by contacting Virksomheden at help@fileworld.co.

Prices are indicated in euros and include the VAT applicable on the Ordre date. Any change in the applicable VAT rate will automatically be passed on to the price of Tjenesternes. The prices displayed on webstedet 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 Klient is solely responsible.

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

All or part of the Tjeneste 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 Klient’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 Klient authorises Virksomheden (or its Partners, payment service providers) to send instructions to his or her bank to debit the bank account provided by the Klient in accordance with the due dates specified in the order summary.

Payment method. Direct debit. The Klient may choose to pay by direct debit using secure systems and services provided by third parties on webstedet and subject to their own contractual terms over which Virksomheden 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 Klient authorises Virksomheden to debit his or her account for the amount of the price indicated on webstedet for the Tjeneste as soon as the Ordre is placed in order to benefit from the trial offer, and then throughout the term of the subscription and its renewals.

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

Special offers and discount coupons. The Company reserves the right to offer time-limited special offers, promotional offers or price reductions on its Tjenestes, and to revise its offers and prices on webstedet at any time in accordance with the law. The applicable prices are those in force at the time of the Klient’s Ordre, and the Klient may not benefit from other prices before or after the Ordre. Vouchers may be subject to specific conditions and are in any event strictly exclusive to the beneficiary and may only be used once. The Klient 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 Ordre.

Payment events – Fraud. The Company reserves the right to suspend any Ordre processing and any provision of Tjeneste 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 Ordre from a Klient who has not fully or partially paid a previous Ordre or with whom a payment dispute is in progress.

The Company may contact the Klient to request additional documents in order to finalise payment of the Ordre. The Company may rely on the information provided by the order analysis system. The requested documents must be provided before Virksomheden can confirm the Ordre. To combat credit card fraud, Virksomheden may carry out a visual check of the means of payment before making the Tjeneste available. In the event of fraudulent use of a credit card, the Klient is invited to contact Virksomheden 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 Klient, the interest and penalties provided for by law shall apply.

Payment facilities. If Virksomheden offers the Klient the possibility of paying the entire fixed price in several instalments, this is a method of paying the price of the Tjeneste 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 Tjeneste and/or termination of the Klient’s access to the Tjeneste. This payment facility does not constitute a loan or micro-credit.

When staggered payment is offered, the first instalment is payable on the Ordre date and the following instalments are payable at the intervals specified in the Ordre summary (unless otherwise stated, at monthly intervals). In this case, the Klient guarantees the validity of the banking details until the last scheduled payment date. The Company reserves the right to refuse an Ordre 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 Klient may withdraw from the contract concluded with Virksomheden without giving a reason within fourteen calendar days from the day after the Ordre (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 - HelloSoftware SA, Route de Lausanne 134, Le Mont-sur-Lausanne, Suisse - 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 Klient requests performance directly after placing the Ordre, 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 Virksomheden an amount corresponding to the Tjeneste provided up to the notification of the decision to withdraw. This amount is proportional to the total price of the Tjeneste agreed when the Ordre 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 Ordre the Klient may be asked, by means of a tick box or any other appropriate method, to indicate that he or she agrees to receive the Tjeneste and/or waives the right of withdrawal before the expiry of the withdrawal period. Failing this, Virksomheden reserves the right not to send any content to the Klient before the expiry of the fourteen-day period to which the Klient has expressly consented.

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

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

Klients are invited to contact Virksomheden 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 Virksomheden from any liability towards the Klient, who cannot hold Virksomheden responsible for the unavailability of the Tjeneste.

Credentials are individual and personal. Any login credential provided by Virksomheden to the Klient is strictly personal, individual, confidential and non-transferable. The Klient undertakes to subscribe to the Tjeneste 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 Tjenesternes, and in particular the content of Tjenesternes or any other product received as part of the Ordre. Any Klient who fails to comply with this undertaking will be prosecuted. The Klient is responsible for any unauthorised, fraudulent or abusive use of his or her credentials and must immediately inform Virksomheden in the event of loss or theft thereof. In the event of a proven breach of the conditions of access to webstedet or the Tjeneste, Virksomheden reserves the right to suspend access to the Tjeneste without compensation, notice or prior information.

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

Maintenance. The Site may be subject to maintenance and Virksomheden reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of webstedet or the Tjeneste, 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 webstedet and the Tjeneste, 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 webstedet or the Tjeneste.

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

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

The Klient 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 Tjeneste and to comply with them. The Company has no control over these terms and declines all responsibility should the Klient 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 Brugers and Klients. It undertakes to ensure that the collection and automated processing of their data—for the purposes of managing contracts and Ordres, delivering and improving webstedet and the Tjeneste, 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 Tjeneste or certain digital content, Virksomheden may collect and process the following data concerning the Klient: last name, first name, email address, telephone number, billing address, bank details.

Klients’ 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 Klient 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, the data subject also has the right to withdraw consent at any time.

The Klient is informed and accepts that webstedet and/or the Tjeneste 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 webstedet.

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 Klient’s telephone number when the Ordre 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 Klient is registered on this list, Virksomheden will not make marketing calls and may contact the Klient by telephone only for requests made in connection with the execution of an ongoing Ordre and related to the purpose of the Ordre.

To address security incidents, threats or vulnerability situations, Virksomheden may take the following measures online: inform clients and, where appropriate, the supervisory authority; raise awareness among Virksomheden’s teams; strengthen the security of Virksomheden’s facilities and workstations. The Company may also apply the following measures to its clients: condition access to the Tjeneste 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 Bruger may consult the privacy policy, which is always available on webstedet.

Article 11 - JOINT SITES - TEXT LINK BRIDGES

Through hypertext links available on webstedet or within a Tjeneste, the Bruger may access Partner or third-party sites designed and operated under the responsibility of third parties not subject to the GTC. The Bruger 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 webstedet, Virksomheden reserves the right to request the removal of the hyperlink pointing to webstedet 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 Virksomheden’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 Tjeneste. In such a case, Virksomheden will inform the Klient 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 Klients expressly agree that they may not invoke force majeure to delay payment for a Tjeneste (for example, an invoice) already supplied or being supplied, or to refuse delivery of an Ordre 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 Virksomheden, 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 Virksomheden.

The Company cannot be held liable for any difficulty encountered by the Bruger or the Klient in accessing webstedet and/or the Tjeneste owing to a technical or software failure or any other reason beyond its control. The Klient acknowledges awareness of the technical hazards inherent in the Internet and mobile networks and of the malfunctions that may result. Consequently, Virksomheden 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 Tjeneste are prevented from performing due to illness, accident, family reasons, maternity and/or paternity leave, etc., Virksomheden reserves the right to replace such person(s) and/or to suspend the Tjeneste, without the Klient being entitled to any compensation. The Company will inform the Klient within a reasonable time of this incapacity and, where possible, of its duration. Only a definitive incapacity approved by Virksomheden 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 webstedet and the Tjeneste. Intellectual property rights include, in particular, all content, text, images, videos, graphics, logos, icons, sounds and software that appear on webstedet or constitute the tools and resources made available on webstedet and within the Tjeneste.

Access to webstedet and the Tjeneste does not confer upon the Bruger or the Klient any rights to the intellectual property related to webstedet and the Tjeneste, which remain the exclusive property of Virksomheden or its Partners.

Under no circumstances may the Bruger or the Klient reproduce, represent, modify, transmit, publish, adapt or exploit, on any medium, by any means and in any manner whatsoever, all or part of webstedet and the Tjeneste without the prior written consent of Virksomheden or its Partners.

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

In consideration of the price paid at the time of the Ordre, the content, techniques, know-how and methods provided—and more generally all information contained in the Tjeneste—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 Tjeneste chosen by the Klient when ordering.

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

All distinctive signs used by Virksomheden are protected by law, and their unauthorised use without Virksomheden’s permission may give rise to legal proceedings. The Company reserves the right to terminate the Klient’s access to the Tjeneste 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. Klients may be invited to provide feedback on the Tjeneste 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 Virksomheden prior to publication, of which the Klient is expressly informed (positive reviews only).

After publication, the Klient 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 Virksomheden refuses to publish the review, the Klient will be informed by email within one month.

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

Klient reference. The Company may invite Klients to appear on the list of Tjeneste beneficiaries. With the Klient’s consent, Virksomheden may be authorised to state the Klient’s name, the recommendations given to Virksomheden regarding the Tjeneste and an objective description of the nature of the Tjeneste provided to the Klient in its reference lists and in its offers to potential clients and Klients, notably on webstedet, 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 Klient submits writings, videos and/or photos to Virksomheden to give feedback or testify about the Tjeneste provided by Virksomheden and, where applicable, publishes comments or posts about Virksomheden (for example on social networks) to which their social-network identifier and profile photo are attached, the Klient authorises Virksomheden to use such content to promote its business activities. The content may be protected by image rights and/or copyright, in which case the Klient authorises Virksomheden 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, Virksomheden may take screenshots of messages posted on social networks relating to Virksomheden or to the Tjeneste used by the Klient and reproduce them as reviews on webstedet.

The Klient 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 Klient, 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 Klient.

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 webstedet or its operation and to the characteristics of the Tjeneste. The applicable conditions are those accepted by the Klient and, in the case of distance selling, sent to the Klient by any means of communication on a durable medium.

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

The Klient may also be asked to accept the amended GTC, failing which the last accepted GTC will continue to apply until completion of the Tjeneste. If Virksomheden is unable to continue providing the Tjeneste under the previous conditions, the Klient may request termination and reimbursement. In this case, Virksomheden may retain an amount corresponding to the Tjeneste 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, Virksomheden assumes no liability and provides no warranty, express or implied, including, but not limited to, warranties of continuity, performance, results or durability of the Tjeneste provided.

The price of the Tjeneste in no way includes the costs that the Klient 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 Tjeneste.

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

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

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

As a publisher, the Klient 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 Klient 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 Tjenestes chosen by the professional Klient, Virksomheden’s liability is expressly limited to compensation for direct damage proven by the professional Klient. Under no circumstances is Virksomheden liable for indirect damage such as loss of data or files, loss of business, commercial prejudice, loss of profit or damage to the professional Klient’s image or reputation. Similarly, Virksomheden cannot be held liable for direct or indirect damage caused to the Bruger’s equipment when accessing webstedet or the Tjeneste, 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 Virksomheden of one or more clauses of the GTC shall not constitute a waiver by Virksomheden of the other clauses, which shall continue to have effect, nor a waiver of the right to invoke them subsequently.

The Klient agrees that Virksomheden 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 Klient must first contact Virksomheden 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 Klients 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 Klients

For disputes involving professional Klients, 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 Virksomheden’s registered office in Switzerland. Swiss law shall apply, subject to mandatory provisions of the Klient’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.

UNDTAGEN FOR DE MASSEINDLEVERINGSPROCEDURER, DER ER BESKREVET NEDENFOR, ACCEPTERER DU OG VI, AT:

• 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.
• VOLDGIFTSMANDEN KAN IKKE TILDELE ENDELIG AFGØRELSE FOR, MOD ELLER PÅ VEGNE AF NOGEN, DER IKKE ER PART I VOLDGIFTEN PÅ KLASSISK, KOLLEKTIVT ELLER REPRÆSENTATIVT BASIS.

HVIS EN DOMSTOL FASTSLÅR, AT ETHVERT AF FORBUDDENE I DETTE AFSNIT ER UIGENNEMTVINGELIGE FOR ET BESTEMT KRAV ELLER ANMODNING OM AFGØRELSE, OG ALLE APPELLER AF DENNE AFGØRELSE BEKRÆFTES, OG SÅDAN AFGØRELSE BLIVER ENDELIG, ACCEPTERER DU OG VIRKSOMHEDEN, AT DETTE SÆRLIGE KRAV ELLER ANMODNING OM AFGØRELSE SKAL FORTSÆTTE I DOMSTOLEN, MEN SKAL VÆRE SUSPENDERET I AFVENTNING AF INDIVIDUEL VOLDGIFT AF DE RESTERENDE KRAV OM AFGØRELSE, DU HAR INDGIVET.