Terms and conditions of sale
SUBSCRIPTION FileWorld
Last update 10 February 2025
Welcome and thank you for your trust.
You will find below the General Terms and Conditions of Sale applicable to the site which enables you to convert your files online into various formats.
Unless otherwise indicated on the Site at the time of your Order, you can benefit from this offer at a reduced price 0.60 € for a period of 48 hours, at the end of which your monthly subscription automatically becomes payable with the Order at the price of ( 3)/ every 4 weeks, unless cancelled from your Personal Space on the Site before the end of this trial period.
This subscription is non-binding and can be cancelled at any time in just a few clicks.
If you have any questions, our customer service is available from Monday to Saturday, 6am to 8pm:
by e-mail help@fileworld.co - We aim to reply within 24 hours.
Article 1 - DEFINITIONS
Capitalized terms refer to the definitions below:
" Company" means HelloSoftware SA, Route de Lausanne 134, Le Mont-sur-Lausanne, Suisse. " Site" refers to Internet sites accessible by URL link and all sites published by the Company to offer and sell its Services.
" User " means any person browsing the Site.
" Service(s)" refers to all the services and functions available on the Site for converting files (documents, images, videos, audio, etc.) into another format as described on the Site.
" Order " refers to any subscription for Services made by the Customer to the Company via the Site.
customer" refers to the individual or legal entity, professional or otherwise, who subscribes to a Service with the Company.
General Sales Conditions" or "GSC" refers to the present general sales conditions applicable to the contractual relationship between the Company and its Customers, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.
Identifiers " refers to the user name and password provided by the Company to the Customer so that he can access the subscribed Service from his " Personal Space " via the Site or any other means of connection.
Partner " refers to any professional partner with whom the Company has a business relationship in connection with the provision of the Service, and to whom the Customer may be directed in connection with the provision of the Service.
Article 2 - Scope of application SCOPE OF APPLICATION
The GTS govern the provision of Services to the Customer, including the conditions of use of the Site published and made available by the Company.
Access to the GTS. The GTS are accessible at any time via the Site and, where applicable, replace all other previous or future versions. The GTCS come into force on the update date indicated at the top of this document, and all other conditions apply, in particular those applicable to sales made through other distribution and marketing channels.
Acceptance of GCS. The Customer declares that he/she has read and accepted the General Terms and Conditions before placing the Order, which implies unreserved acceptance of the General Terms and Conditions. By accepting the Order, the Customer acknowledges having received sufficient information and advice from the Company on the Site, prior to any Order, to ensure that the content of the Order is suited to the Customer's needs. The GTS constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
By placing an Order, the Customer declares that he/she is of legal age and has the capacity to contract under the laws of his/her country, or represents the person on whose behalf he/she is subscribing to the Service by a valid power of attorney. In any event, the Customer guarantees that he/she has the necessary authorizations to use the method of payment chosen when validating the Order.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptances and transactions.
Scope of application of the GCS. The Customer may at any time request a copy of the version of the GKS applicable to his Order. No special conditions may be added to and/or substituted for existing general conditions at the Customer's initiative. The Company reserves the right to set special conditions for Services, special offers, special guarantees, etc. provided to the Customer prior to the Order. The fact that the Company does not avail itself, at any time and for any reason whatsoever, of a breach by the Customer of any of the obligations set out herein, may not be interpreted as a waiver of the right to avail itself of such breach at a later date.
Article 3 - SERVICE CHARACTERISTICS
Overview. The Customer may subscribe to the Service offer on the Site, as summarized on the order page and in the confirmation e-mail.
The Customer is expressly informed that all Service offers are subject to change. Only the Service defined at the time the Order is placed is available to the Customer. Where the contract concluded with the Company relates to the supply of digital content or a digital service (excluding other services which do not qualify as digital services), the service is supplied as is and the Customer is not guaranteed a minimum level of service quality.
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 errors or omissions 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 Customer is supplied in the version in force at the date of purchase. Unless otherwise stated on the Site at the time of order, updates are included in the price of the Service, and the Customer will benefit from the improvements and new features offered.
Article 4 - CONDITIONS OF SUBSCRIPTION AND TERMINATION
The service starts immediately after the Order is placed.
After the trial period, the offer is automatically converted into a non-binding monthly subscription and may be terminated at any time.
Unless otherwise specified in the Order, the trial period is offered at a reduced price for a limited period of 48 hours, after which the non-binding monthly subscription begins.
The Customer may cancel the subscription by giving notice at least 24 hours before the end of the current month:
- by clicking on the "unsubscribe" button in his Personal Area on the website ;
- by entering their e-mail address and the last 4 digits of the credit card used for the Order in the unsubscribe form included in the e-mail sent to them following their unsubscribe request.
Cancellation will take effect at the end of the current subscription month.
Customers 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 paid in full.
Restrictions on use:
To ensure optimum performance and accessibility of our services for all users, a usage limit of 1,000,000 characters per account applies to the translation function during each four-week billing cycle. This limit is calculated cumulatively on all translations performed by the account. Exceeding the character limit may result in temporary suspension of access to the translation function until the start of the next billing cycle. If you have any questions or wish to adjust this limit, please contact our support team.
Article 5 ORDERING
Placing an order on the site. After selecting the Service to which he/she wishes to subscribe on the Site, the Customer is redirected to an Order page where he/she enters his/her contact details and payment details (single or instalment payment, payment method). The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. In particular, the Customer must have a functional electronic mailbox. Failing this, the Customer will not be able to receive written confirmation of his/her Order or access codes to the Service at the e-mail address provided.
The Customer shall not hold the Company liable for any failure resulting from the inaccuracy or falsification of the information provided at the time of the Order, which will be used for the provision of the Service.
Obligation to pay. Any Order received by the Company shall be deemed final and conclusive and shall imply full acceptance of the GCS under the conditions set forth herein, as well as the obligation to pay for the Services ordered.
Electronic signature. The on-line provision of the Customer's bank details and the final verification of the Order shall constitute (i) proof of the Customer's agreement, (ii) payment of the sums due in respect of the Order placed, and (iii) signature and express acceptance of all actions carried out during the Order on the Site (checkbox, unchecking of the checkbox, verification click, etc.).
Order verification. Once the Customer has read and accepted the General Terms and Conditions of Sale on the Order page, he/she is redirected to an Order summary page where he/she enters his/her bank details before confirming payment. It is the Customer's responsibility to check and, if necessary, correct the information in the Order summary before confirming payment for the Order. This second click definitively confirms the Customer's Order.
Order confirmation. As soon as payment has been confirmed by the Company or the payment service provider, the Customer will receive an e-mail confirming and summarizing the Order
Proof of transaction. Computerized registers, kept in reasonable conditions of security on the Company's computer systems, will be considered as proof of communications, Orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 6 - PRICE CONDITIONS
Applicable rates. The Service subscribed to is provided at the rates in force on the Site on the date the Customer's Order is recorded by the Company. The Customer may obtain updated information on all applicable rates and maintenance fees from the rates tab on the Site, or by contacting the Company on telephone number help@fileworld.co.
Prices are quoted in euros and include VAT applicable on the date of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services. Prices shown on the Site are inclusive of all taxes. It is the responsibility of the Professional to carry out all necessary checks and to comply with all tax obligations, in particular with regard to VAT, for which the Customer is solely responsible.
In the case of international sales, customs duties and other taxes are the sole responsibility of the Customer. The Company accepts no liability in this respect, and the responsibility rests solely with the Customer.
All or part of the Service may be provided in exchange for the supply of personal data (such as surname, first name, e-mail address, telephone number, etc.) which may be used for commercial research purposes with the Customer's express, free and informed consent, and not in exchange for payment of a fee.
Payability of sums. Confirmation of the order renders all sums due in respect of the order payable. By confirming the Order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to its bank to debit the bank account provided by the Customer according to the due dates specified in the Order summary.
Payment method. Direct debit. The Customer 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 conditions over which the Company has no control - Stripe, Paypal or Gocardless are examples. In this case, payment is made using the credit card details provided by the payment service provider according to 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 authorization - subscription. By providing his/her bank details at the time of sale, the Customer authorizes the Company to debit his/her account for the amount of the price indicated on the Site for the Service as soon as the Order is placed to benefit from the trial offer, and thereafter for the duration of the subscription and its renewals.
The Customer warrants to the Company that he/she is of legal age and that he/she has the necessary authorizations to use the payment method chosen when validating the Order 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 Customer's Order, and the Customer may not benefit from other prices before or after the Order. Vouchers may be subject to special conditions and are in any case strictly exclusive to the beneficiary and may only be used once. The Customer is expressly informed that the use of certain promotions may be subject to a minimum commitment period, which will be indicated at the time of the Order.
Payment events - Fraud. The Company reserves the right to suspend the processing of any Order and the provision of any Service in the event of non-authorization or non-payment of a credit card payment by officially accredited organizations. In particular, the Company reserves the right to refuse to honour an Order from a Customer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress.
The Company may contact the Customer to request additional documents in order to complete payment for the Order. The Company may rely on information provided by the order analysis system. The documents requested must be supplied before the Company can confirm the Order. In order 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 bank card, the Customer is invited to contact the Company as soon as this is discovered, without prejudice to any steps he may take with his bank.
Default or late payment. In the event of non-payment or late payment by the Consumer or Professional Customer, the interest and penalties provided for by law shall apply.
Payment facilities. If the Company offers the Customer the option of paying the full fixed price in instalments, this is a payment method for the price of the Service and not a no-obligation payment or a monthly subscription. Whatever the number of instalments, the full price corresponding to the sum of the instalments must be paid. The due date may never be more than three months after termination of the Service and/or termination of the Customer's access to the Service. This payment facility does not constitute a loan or microcredit.
Where payment by instalments is offered, the first instalment is payable on the date of the Order, and subsequent instalments are payable at the intervals specified in the Order summary (unless otherwise stated, with one month between each instalment). In this case, the Customer guarantees the validity of the bank details until the last scheduled payment date. The Company reserves the right to refuse an Order in several instalments if the bank card expires before the last scheduled payment, or if the secure payment provider objects.
Article 7 - Right of withdrawal RIGHT OF WITHDRAWAL
Time limit. The Customer may withdraw from the contract concluded with the Company without giving any reason within a period of fourteen calendar days from the day following the Order (the day following the date of signature of 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 customer must notify his or her decision help@fileworld.co to withdraw from this contract by means of a clear statement (e.g. letter sent by post, fax or e-mail). The customer may use the model withdrawal form, but is not obliged to do so. This is a consumer right, 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 first transaction, at the latest within fourteen days from the day following the day on which the decision to withdraw is taken, unless the customer agrees to another means.
SAMPLE CANCELLATION 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 (*) hereby 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 CUSTOMER IS A PROFESSIONAL.
- THE CONTRACT IS CONCLUDED FOR CURRENT OR FUTURE PROFESSIONAL PURPOSES.
- The supply of services which have been fully executed before the expiration of the withdrawal period and whose execution has begun after prior express acceptance by the consumer and express renunciation of the right of withdrawal;
- The supply of digital content not presented on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of the right of withdrawal;
- The supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
- The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for these publications;
- The supply of goods made to the consumer's specifications or expressly personalized;
- The supply of accommodation services other than residential, transport services, car rental, catering or leisure activities, which must be provided on a specific date or at a specific time (conference, live event, etc.).
If the Customer requests a service directly after having placed his Order, without waiting for the end of the withdrawal period, but without waiving his right to do so in the cases described above, he will pay the Company an amount corresponding to the Service provided until notification of the decision to withdraw. This amount is proportional to the total price of the Service agreed at the time of the Order. If the total price is higher, 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 Order, the Customer may be asked to indicate by a tick box or any other appropriate means that he accepts to receive the Service and/or that he waives his right of withdrawal before the expiry of the withdrawal period. Failing this, the Company reserves the right not to send any content to the Customer before expiry of the fourteen-day period to which the Customer has expressly consented.
Termination of service 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 main contract automatically terminates any accessory contract without imposing any costs on the consumer, with the exception of those provided for by law. Consequently, the customer is informed that in the event of exercising the right of withdrawal, the company will immediately interrupt the service.
Article 8 - CONDITIONS OF ACCESS TO THE SITE AND SERVICE
Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access, are the sole responsibility of the User. The Company may not be held liable for any material damage arising from use of the Site. Furthermore, the User undertakes to access the Site using new, virus-free hardware and an up-to-date, latest-generation browser. The User 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 Identifiers enabling access to the Service no later than 24 hours from the date and time the Customer places his Order, subject to acceptance of payment by the bank. It is therefore essential to provide a valid e-mail address. Conditions of access to the Service may vary depending on the conditions for exercising the right of withdrawal, in accordance with the terms and conditions set out in the GTS and by law.
Customers are invited to contact the Company if they have not received or have lost their Identifiers, so that they can be reset within 48 hours. Subsequent provision of the Identifiers releases the Company from any liability to the Customer, who cannot hold the Company responsible for the unavailability of the Service.
Identifiers are individual and personal. Any connection Identifier provided by the Company to the Customer is strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service for personal use only and declares that he/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 his/her Order. Any Customer who fails to comply with this undertaking will be prosecuted. Customers are responsible for any unauthorized, fraudulent or abusive use of their Identifiers, and must immediately inform the Company in the event of their loss or theft. 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, prior notice or prior information.
Number of accesses. Unless specific conditions provide for more extensive access, a Customer's subscription to a Service includes access rights for a single person, regardless of the number of employees or organizations of the Customer. If the Customer wishes several of its employees, collaborators, partners or any other person to have access to the Service, it must subscribe to the contract for the number of persons whose 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 (in particular updates) or for any other reason, without this giving rise to any liability or compensation whatsoever.
Availability. The Company uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site and the Service, but is under no obligation to do so. In particular, the Company cannot be held liable for any network or server malfunction or any other event beyond its reasonable control, which may prevent access to the Site or the Service.
Use in good faith - Third-party sites. Any contribution space on the Site to which the Customer may have access as part of a Service, including social networks and groups, must be used in good faith. The Customer shall refrain from making any defamatory, threatening, hateful, intolerant, obscene, etc. remarks or any derogatory publication likely to infringe the rights of the Company, other Users, third parties or contrary to the law.
The Company reserves the right to refuse unilaterally and without notice to any Customer who fails to comply with the T&Cs, the conditions of use of the Site, the Service and/or third-party sites, platforms and tools accessible within the framework of the Service, or more generally any legal or regulatory obligation, to refuse access to all or part of the Site, the Service, contribution areas and groups, or to limit access rights to contribution areas and groups.
The Customer undertakes to inform himself/herself of the conditions of use of all third-party sites, social networks, platforms and tools accessible as part of the Service, and to comply with them. The Company has no control over these conditions and declines all responsibility in the event that the Customer is banned from these third-party sites or becomes involved in a dispute with these sites.
Article 9 - Warranty of conformity WARRANTY OF CONFORMITY
THE CUSTOMER IS EXPRESSLY INFORMED THAT THIS WARRANTY DOES NOT APPLY TO PROFESSIONAL CUSTOMERS AND SERVICES OTHER THAN DIGITAL, WHETHER OR NOT THE PROFESSIONAL USES DIGITAL FORMATS OR TOOLS TO CREATE, SUPPLY OR COMMUNICATE THE PRODUCT OR SERVICE TO THE CONSUMER.
Consumers have the right to invoke the legal warranty of conformity in the event of a lack of conformity for the entire duration of their subscription, from the time the digital content or service is supplied. During this period, the consumer need only establish the existence of the lack of conformity, and not the date of its occurrence.
The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the subscription.
The legal warranty of conformity enables the consumer to have the digital content or service brought into conformity without delay, without charge and without major inconvenience following his or her request.
By retaining the digital content or service, the consumer may obtain a price reduction or terminate the contract with a full refund in exchange for abandoning the digital content or service if
1° The professional refuses to make the digital content or service available;
2° Unjustified delay in bringing the digital content or service into conformity;
3° The digital content or service cannot be brought into conformity without imposing costs on the consumer;
4° The digital content or service is rendered inappropriate, causing great inconvenience to the consumer;
5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or termination of the contract where the non-conformity is sufficiently serious to justify an immediate price reduction or termination of the contract. In this case, the consumer is not obliged to request prior compliance of the digital content or service.
Where the lack of conformity is insignificant, the consumer only has the right to cancel the contract if it does not provide for the payment of consideration.
Any period of unavailability of the digital content or service for the purpose of restoring conformity suspends the warranty in force until the digital content or service is restored to conformity.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a fine of up to 300,000 euros, increased by up to 10% of average annual sales(article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from a legal warranty against hidden defects for a period of two years from the discovery of the defect, in application of articles 1641 to 1649 of the French Civil Code. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or a full refund if the digital content or service is abandoned.
Disclaimer: The file translation and summarization services offered on this site use advanced artificial intelligence technologies. While we strive to provide quality translated and summarized content, we cannot guarantee that the information will be completely accurate, error-free or suitable for all intended uses. Results are generated by third-party services and we cannot be held responsible for inaccuracies, misinterpretations or other errors in translated or summarized content. Users should verify the information provided and use it at their own discretion
Article 10 - PROTECTION OF PERSONAL DATA
The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of their data, whose purpose is the management of contracts and Orders, the provision and improvement of the Site and Service, commercial research and the management of disputes, comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés) in its latest version.
In order to provide the Service or certain digital content, the Company is required to collect and process the following data concerning the Customer: surname, first name, e-mail address, telephone number, billing address, bank details.
Customers' personal data will not be kept beyond the period strictly necessary for the stated purposes. Certain data enabling proof of a right or contract to be established may be archived for a period corresponding to the prescription and foreclosure periods of any legal or administrative proceedings that may be instituted.
Pursuant to the Data Protection Act and the RGPD, the Customer or any person concerned by the processing has the rights not to be the subject of an automated decision, in particular to access, rectify, limit processing, oppose processing, portability, erasure and profiling, under the conditions provided for by the applicable law. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is hereby informed and accepts that the Site and/or the Service may contain technical devices enabling the monitoring of usage (connected user account, IP address, type of application used, various connection and user account usage logs, etc.) and are likely to be used as part of the fight against fraud and/or to identify and/or prevent any illegal or abusive use of the Site.
Any request to exercise this right may be sent by e-mail to help@fileworld.co. Any person concerned by the processing of data has the right to lodge a complaint with the French Data Protection Authority (Commission Nationale Informatique et Libertés).
The Company may ask for the Customer's telephone number when placing an Order. Consumers who do not wish to be the subject of commercial canvassing are informed that they may register free of charge on the "Bloctel" telephone canvassing opposition list (more information on bloctel.gouv.fr ). If the Customer is registered on this list, the Company will not make telephone calls and will only be able to contact the Customer by telephone for requests made in connection with the execution of an Order in progress and related to the subject of the Order.
In order to deal with security incidents, threats or situations of vulnerability, the Company may implement the following measures on the Internet: informing customers and, where applicable, the supervisory authority, raising the awareness of the Company's teams, reinforcing the security of the Company's installations and workstations. The Company may also take the following measures with regard to its customers: make customer access to the Service conditional on the change of their Identifier, ask them to strengthen the security of their passwords, implement authentication procedures offering enhanced security.
For further information on automated data processing and the exercise of rights, the User may consult the privacy protection policy, always available on the Site.
Article 11 - JOINT SITES - BRIDGE TEXT LINKS
By means of hypertext links available on the Site or as part of a Service, the User may access Partner or third-party sites designed and managed under the responsibility of third parties not subject to the GTS. The User is therefore invited to familiarize himself/herself with the contractual conditions of use or sale, as well as the privacy policies or other legal information applicable to these Partner or third-party sites.
The Company has no control over these sites and their content, and declines all responsibility for their content and the use of the information contained therein by any third party. 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 hypertext link pointing to the Site, if it considers that this 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 shall be suspended in the event of an act of God or force majeure preventing performance. This suspension may concern all or part of the Service. In this case, the Company will inform the Customer as soon as possible of the occurrence of such an event and of the estimated duration of the suspension. Only a definitive hindrance may give rise to a refund. In the event of partial suspension, only a partial refund will be made.
Under the conditions provided for by law, Customers expressly agree that they may not invoke force majeure to delay payment of a Service (e.g. an invoice) provided or in the process of being provided, or to refuse delivery of an Order placed.
In addition to those usually accepted by the jurisprudence of courts and arbitration tribunals, and without this list being limitative, the following are considered to be cases of force majeure or fortuitous events Strikes or industrial disputes within or outside the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport in any way whatsoever, or other circumstances beyond the reasonable control of the Company.
The Company shall not be held liable for any difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to technical or software failure or any other reason beyond its control. The Customer acknowledges that he/she is aware of the technical dangers inherent in the Internet and the mobile network, and of any malfunctions that may result. Consequently, the Company cannot be held responsible for the unavailability, slowdown or malfunction of the Internet or any IT solution, unless it can prove its own negligence.
Furthermore, in the event that the person(s) in charge of the Service is/are prevented from working due to illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace this person and/or suspend the Service, without the Customer being entitled to claim any compensation whatsoever. The Company will inform the Customer within a reasonable time of such incapacity and, as far as possible, of its duration. Only a definitive incapacity approved by the Company may give rise to a refund. In the event of partial incapacity, only a partial refund will be made.
Article 13 - Intellectual property rights 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 make up the tools and media provided on the Site and as part of the Service.
Access to the Site and the Service does not grant the User or Customer any right to the intellectual property rights relating to the Site and the Service, which remain the exclusive property of the Company or its Partners.
Under no circumstances may the User or Customer reproduce, represent, modify, transmit, publish, adapt or exploit on any medium whatsoever, by any means whatsoever and in any manner whatsoever, all or part of the Site and the Service without the prior written authorization of the Company or its Partners.
Any use of the Site or of all or part of the Service for any purpose whatsoever without the prior authorization of the Company or its Partners may be the subject of any appropriate action, in particular an interruption of access to the Service or an action for infringement.
In return for payment of the price requested at the time of Ordering, the content, techniques, know-how and methods transmitted, and more generally all the information contained in the Service, are subject to a strictly personal, non-transferable and non-exclusive right of use, solely for the duration of the contract, for the duration of the Service chosen by the Customer at the time of Ordering.
In this respect, the Customer undertakes not to use or exploit the Service on behalf of others, including his employees or entourage. The Customer is responsible for any unauthorized transfer or transmission of the content of the Service, or for any sharing of the Customer's login credentials in any way whatsoever. The Customer is responsible for ensuring that the intellectual property rights of the Company or its Partners are respected by any of its employees who may have access to the restricted content of the Site and to all the content of the Service.
All distinctive signs used by the Company are protected by law, and their unauthorized use by the Company may result in legal proceedings. The Company reserves the right to terminate the Customer's access to the Service in the event of infringement of intellectual property rights, without prejudice to any sanctions and indemnities.
Article 14 - NOTICES, REFERENCES AND CONTACT
Customers may be invited to give their opinion on the Service they have used by filling in the form provided for this purpose. They undertake to provide an accurate description of their consumption experience.
Comments on the site are sorted alphabetically/chronologically and are checked by the Company before publication, of which the Customer is expressly informed (only positive comments).
After publication, the Customer may ask to modify or withdraw his comment by writing to help@fileworld.co. The Company reserves the right not to publish the modified review.
If the Company refuses to publish the review, the Customer will be informed by e-mail within one month.
Users are therefore expressly informed that reviews are checked before being published and are provided for information purposes only.
Customer reference. Customers may be invited by the Company to appear on the list of Service beneficiaries. With the Customer's consent, the Company may be authorized to indicate the Customer's name, the recommendations given to the Company regarding the Service and an objective description of the nature of the Service provided to the Customer in its reference lists and in its offers to potential customers and Customers, in particular on the Site, for advertising and promotional purposes, in discussions with third parties, in communications with its personnel, in internal management planning documents and if required by legal, regulatory or accounting provisions.
Commercial authorization. When the Customer submits to the Company written material, videos and/or photos to express an opinion or testify about the Service provided by the Company and, where applicable, publishes comments or posts about the Company (e.g. on its social networks) to which its identifier and profile photo on the social networks are attached, the Customer authorizes the Company to use this content for the promotion of its commercial activities. The content may be protected by image rights and/or copyright, in which case the Customer authorizes the Company to adapt it (in form) and reproduce it on any medium, in particular by presenting it as a commercial reference and/or notice. By way of example, the Company may take screenshots of posts on social networks linked to the Company or the Service used by the Customer and reproduce them as comments on the Site.
The Customer acknowledges that he is the sole owner of his rights and that he 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 Customer, plus 70 years, and for the entire world. The Company reserves the right to make any other claim for all cases not mentioned in the present document or for the authorization to take photographs and to assign the rights to the Customer on a temporary basis.
Article 15 - MODIFICATION OF GENERAL CONDITIONS
The Company reserves the right to modify, at any time and without prior notice, the terms, conditions and terms of use of the GTC in order to adapt them to changes in the Site or its operation and to the characteristics of the Service. The applicable conditions are those accepted by the Customer and, in the case of distance selling, sent to the Customer by any means of communication on a durable medium.
Modifications made by the Company to the General Terms and Conditions do not apply to Services already subscribed to, with the exception of provisions relating to the technical evolution of the Service, provided that they do not have the effect of increasing the price or modifying the quality or characteristics to which the non-professional or consumer Customer is subjecting his commitment.
The Customer may also be asked to accept the modified GCS, failing which the last GCS accepted will continue to apply until the Service has been completed. If the Company is unable to continue providing the Service under the previous conditions, the Customer may request termination and reimbursement. In this case, the Company may retain an amount corresponding to the Service provided until termination, under the conditions provided by law.
Article 16 - LIABILITY LIABILITY
Warranty. With the exception of applicable legal or commercial warranties, the Company assumes no liability whatsoever and gives no warranty, express or implied, including, but not limited to, warranties as to the continuity, performance, results or durability of the Service provided.
The price of the Service does not in any way include the costs that the Customer will have to bear as part of its activities to achieve its objectives, and any amount of costs, for example for advertising, is always provided as an indication only in the context of the Service.
The objectives, successes or examples presented by the Company on the Site and as part of the Service require concrete and effective application of all the advice, techniques and tools that may be provided as part of the Service, and in no way constitute a promise of profit or results. The Company can in no way guarantee that the Customer will obtain similar results, and these references are used by way of example only.
Responsibility of users and customers. The User or Customer is solely responsible for his or her interpretation of the information provided as part of the Services, for the advice he or she extracts or is provided with as part of the Services, and for the adaptations he or she makes for his or her own activities. Use of the information is at the Customer's sole risk, which the Customer expressly accepts.
The Customer acknowledges that he/she has received adequate information and advice before proceeding, and is aware that any result sought involves inherent risks and requires considerable effort. The Customer declares that he/she is fully aware that the Services offered are for information purposes only and that the Company does not undertake to obtain any result from the Customer, except insofar as there is a commercial and specific guarantee applicable to the Service. All Services are not medical, psychological, legal or financial services. They do not lead to a state-recognized diploma and have never been offered by the Company as such. The Customer is entirely free to withdraw from the Service under the conditions set out in the contract. He acts under his sole and exclusive responsibility.
As a publisher, the Customer assumes responsibility for communicating information to the public and editorial responsibility for all its communications, both physical and online, including but not limited to website(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and appropriateness of the data and content it communicates to the public.
Limitation of liability. Regardless of the type of Services chosen by the Professional Customer, the Company's liability is expressly limited to compensation for direct damages proven by the Professional Customer. Under no circumstances shall the Company be liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings or damage to the Professional Customer's image or reputation. Similarly, the Company may not be held liable for direct or indirect damage caused to the User's equipment when accessing the Site or the Service, and resulting from the use of equipment that does not meet the required conditions, or from the appearance of an error or incompatibility.
IN ANY EVENT, THE COMPANY'S LIABILITY TO PROFESSIONALS IS LIMITED TO THE AMOUNT, EXCLUSIVE OF TAX, PAID BY THE CUSTOMER FOR THE PROVISION OF THE DISPUTED SERVICE. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM AMOUNT THAT THE COMPANY MAY BE REQUIRED TO PAY BY WAY OF COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, IRRESPECTIVE OF THE GROUNDS FOR THE ALLEGED LOSS AND THE LEGAL GROUNDS USED, UNLESS OTHERWISE STIPULATED BY LAW OR CASE LAW.
17. Article. GENERAL
These general terms and conditions of sale and all sales and purchase transactions referred to herein are governed by Swiss law, unless the law applicable to the customer provides otherwise, in particular where the customer is a consumer subject to other legislation. Written in French. If they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application by the Company of one or more clauses of the GCS shall not constitute a waiver by the Company of the other clauses, which shall continue to produce their effects, nor a waiver of the right to invoke them at a later date.
The Customer accepts that the Company may assign the present contract to its affiliates or to a purchaser without prior consent.
Article 18 - Disputes Disputes
Amicable settlement. In the event of a dispute, the Customer shall first contact the Company to attempt to find an amicable solution.
Mediation. In the event of difficulties in the performance of the existing contract, the consumer customer residing in Europe has the possibility, before taking any legal action, to request contact with a consumer mediator, identifiable on https://www.economie.gouv.fr/mediation-conso.
The mediator will endeavour, independently and impartially, to bring the parties together with a view to finding an amicable solution. The parties are free to accept or reject mediation and, in the event of mediation, to accept the solution proposed by the mediator. In this context, any European consumer can contact the Online Dispute Resolution (ODR) platform, accessible at the following address https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Disputes between professionals. IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY CONCERNING THE PERFORMANCE, INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, REGARDLESS OF THE MULTIPLICITY OF DEFENDANTS OR THIRD-PARTY CLAIMS, EVEN FOR EMERGENCY PROCEEDINGS OR PRECAUTIONARY PROCEEDINGS BY WAY OF ADJUDICATION OR PETITION, EXCLUSIVE JURISDICTION IS ASSIGNED TO THE COURTS WITHIN THE JURISDICTION OF THE CITY IN WHICH THE COMPANY HAS ITS REGISTERED OFFICE.