Yleiset myyntiehdot

TILAUS FileWorld

Tervetuloa ja kiitos luottamuksestasi.

Alta löydät sivustolle sovellettavat yleiset myyntiehdot, joka mahdollistaa tiedostojesi verkkomuunnon eri formaatteihin. Nämä ehdot sisältävät sitovia välimiesmenettelysopimuksia ja ryhmäkanteen poikkeaman.

Ellei toisin mainita sivustolla tilauksesi yhteydessä, voit hyödyntää alustavan tarjouksen at €0.60 tai €2.90 for a period of 48 hours, after which it will automatically renew as a subscription priced at €39.95 tai €27.95 every 4 weeks, unless you cancel from your Omat tiedot on the Sivusto before the end of this trial period.

Tämä tilaus on sitoumukseton ja se voidaan irtisanoa milloin tahansa muutamalla napsautuksella.

Vakiohinnaston lisäksi käyttäjät voivat valita kolmesta vaihtoehtoisesta paketista: a 48-hour trial for €0.60, a 7-day trial for €1.99, or an annual subscription billed at €24.95 per month. Hinnat, kokeilujakson kesto ja tilausehdot voivat vaihdella käyttäjän sijainnin tai meneillään olevien testien mukaan ja ne ilmoitetaan ostohetkellä.

Jos sinulla on kysyttävää, asiakaspalvelumme on tavoitettavissa maanantaista lauantaihin, klo 6–20 :

sähköpostitse help@fileworld.co – Pyrimme vastaamaan 24 tunnin kuluessa.

Artikla 1 - MÄÄRITELMÄT

Isoilla kirjaimilla alkavat termit viittaavat alla oleviin määritelmiin :

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

“Käyttäjä” means any person browsing the Sivusto.

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

“Tilaus” means any subscription to Palvelut placed by the Asiakas with the Yhtiö via the Sivusto.

Asiakas means the natural or legal person, professional or otherwise, who subscribes to a Palvelu with the Yhtiö.

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

Credentials means the username and password provided by the Yhtiö to the Asiakas so that the Asiakas can access the subscribed Palvelu from its Omat tiedot via the Sivusto or any other connection method.

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

Artikla 2 - SOVELTAMISALA

The GTC govern the provision of the Palvelut to the Asiakas, including the conditions of use of the Sivusto published and made available by the Yhtiö.

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

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

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

Scope of the GTC. The Asiakas may at any time request a copy of the version of the GTC applicable to their Tilaus. No special condition may be added to and/or replace the existing general conditions at the Asiakas’s initiative. The Yhtiö reserves the right to set special conditions for the Palvelut, special offers, special guarantees, etc. provided to the Asiakas prior to the Tilaus. The fact that the Yhtiö does not invoke, at any time and for any reason whatsoever, a breach by the Asiakas 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.

Artikla 3 - PALVELUN OMINAISUUDET

Presentation. The Asiakas may subscribe to the Palvelu offer on the Sivusto, as summarized on the order page and in the confirmation e-mail.

The Asiakas is expressly informed that all Palvelu offers are subject to change. Only the Palvelu defined at the time the Tilaus is placed is available to the Asiakas. When the contract concluded with the Yhtiö 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 Asiakas.

Language. The Palvelu is provided by the Yhtiö in French.

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

Artikla 4 - TILAUS- JA IRTISANOMISEHDOT

The service starts immediately after the Tilaus 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 Tilaus, 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 Asiakas 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 Omat tiedot on the website;
• by entering their e-mail address and the last 4 digits of the credit card used for the Tilaus in the unsubscribe form included in the e-mail sent to them following their unsubscribe request.

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

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

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

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

Artikla 5 - TILAUKSET

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

The Asiakas may not hold the Yhtiö liable for any failure resulting from the inaccuracy or falsification of the information provided when placing the Tilaus and that will be used for the provision of the Palvelu.

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

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

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

Tilaus confirmation. As soon as payment has been confirmed by the Yhtiö or the payment service provider, the Asiakas receives a confirmation and Tilaus summary e-mail.

Proof of the transaction. The computerized records, kept under reasonable security conditions in the Yhtiö’s computer systems, will be considered proof of communications, Tilauss, 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 Palvelu is provided at the rates in force on the Sivusto on the date the Asiakas’s Tilaus is recorded by the Yhtiö. The Asiakas can obtain up-to-date information on all applicable rates and maintenance fees from the pricing tab on the Sivusto, or by contacting the Yhtiö at help@fileworld.co.

Prices are indicated in euros and include the VAT applicable on the Tilaus date. Any change in the applicable VAT rate will automatically be passed on to the price of the Palvelut. The prices displayed on the Sivusto 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 Asiakas is solely responsible.

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

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

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

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

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

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

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

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

When staggered payment is offered, the first instalment is payable on the Tilaus date and the following instalments are payable at the intervals specified in the Tilaus summary (unless otherwise stated, at monthly intervals). In this case, the Asiakas guarantees the validity of the banking details until the last scheduled payment date. The Yhtiö reserves the right to refuse an Tilaus 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 Asiakas may withdraw from the contract concluded with the Yhtiö without giving a reason within fourteen calendar days from the day after the Tilaus (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 Asiakas requests performance directly after placing the Tilaus, without waiting for the end of the withdrawal period but without waiving the right to do so in the cases described above, he or she shall pay the Yhtiö an amount corresponding to the Palvelu provided up to the notification of the decision to withdraw. This amount is proportional to the total price of the Palvelu agreed when the Tilaus 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 Tilaus the Asiakas may be asked, by means of a tick box or any other appropriate method, to indicate that he or she agrees to receive the Palvelu and/or waives the right of withdrawal before the expiry of the withdrawal period. Failing this, the Yhtiö reserves the right not to send any content to the Asiakas before the expiry of the fourteen-day period to which the Asiakas has expressly consented.

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

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

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

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

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

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

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

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

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

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

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

The Asiakas 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 Palvelu and to comply with them. The Yhtiö has no control over these terms and declines all responsibility should the Asiakas 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 Yhtiö 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 Yhtiö respects the privacy of its Käyttäjäs and Asiakass. It undertakes to ensure that the collection and automated processing of their data—for the purposes of managing contracts and Tilauss, delivering and improving the Sivusto and the Palvelu, commercial research and dispute management—comply with the General Tiedot Protection Regulation (GDPR) and with the French Tiedot-Protection Act in its latest version.

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

Asiakass’ 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 Tiedot-Protection Act and the GDPR, the Asiakas 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 Asiakas is informed and accepts that the Sivusto and/or the Palvelu may include technical tools that allow usage tracking (logged-in user account, IP address, type of application used, various connection and account-usage logs, etc.) and may be used to combat fraud and/or to identify and/or prevent any unlawful or abusive use of the Sivusto.

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

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

Article 11 - JOINT SITES - TEXT LINK BRIDGES

Through hypertext links available on the Sivusto or within a Palvelu, the Käyttäjä may access Partner or third-party sites designed and operated under the responsibility of third parties not subject to the GTC. The Käyttäjä 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 Yhtiö exercises no control over these sites and their content and disclaims all liability for their content and for any use that third parties may make of the information they contain. This clause applies to all Partner content.

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

Article 12 - FORCE MAJEURE OR IMPOSSIBILITY OF PERFORMANCE

The performance of the Yhtiö’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 Palvelu. In such a case, the Yhtiö will inform the Asiakas 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 Asiakass expressly agree that they may not invoke force majeure to delay payment for a Palvelu (for example, an invoice) already supplied or being supplied, or to refuse delivery of an Tilaus placed.

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

The Yhtiö cannot be held liable for any difficulty encountered by the Käyttäjä or the Asiakas in accessing the Sivusto and/or the Palvelu owing to a technical or software failure or any other reason beyond its control. The Asiakas acknowledges awareness of the technical hazards inherent in the Internet and mobile networks and of the malfunctions that may result. Consequently, the Yhtiö 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 Palvelu are prevented from performing due to illness, accident, family reasons, maternity and/or paternity leave, etc., the Yhtiö reserves the right to replace such person(s) and/or to suspend the Palvelu, without the Asiakas being entitled to any compensation. The Yhtiö will inform the Asiakas within a reasonable time of this incapacity and, where possible, of its duration. Only a definitive incapacity approved by the Yhtiö may result in a refund. In the event of partial incapacity, only a partial refund will be made.

Article 13 - INTELLECTUAL PROPERTY RIGHTS

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

Access to the Sivusto and the Palvelu does not confer upon the Käyttäjä or the Asiakas any rights to the intellectual property related to the Sivusto and the Palvelu, which remain the exclusive property of the Yhtiö or its Partners.

Under no circumstances may the Käyttäjä or the Asiakas reproduce, represent, modify, transmit, publish, adapt or exploit, on any medium, by any means and in any manner whatsoever, all or part of the Sivusto and the Palvelu without the prior written consent of the Yhtiö or its Partners.

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

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

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

All distinctive signs used by the Yhtiö are protected by law, and their unauthorised use without the Yhtiö’s permission may give rise to legal proceedings. The Yhtiö reserves the right to terminate the Asiakas’s access to the Palvelu 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. Asiakass may be invited to provide feedback on the Palvelu they have used by completing the dedicated form. They undertake to give an accurate account of their user experience.

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

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

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

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

Asiakas reference. The Yhtiö may invite Asiakass to appear on the list of Palvelu beneficiaries. With the Asiakas’s consent, the Yhtiö may be authorised to state the Asiakas’s name, the recommendations given to the Yhtiö regarding the Palvelu and an objective description of the nature of the Palvelu provided to the Asiakas in its reference lists and in its offers to potential clients and Asiakass, notably on the Sivusto, 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 Asiakas submits writings, videos and/or photos to the Yhtiö to give feedback or testify about the Palvelu provided by the Yhtiö and, where applicable, publishes comments or posts about the Yhtiö (for example on social networks) to which their social-network identifier and profile photo are attached, the Asiakas authorises the Yhtiö to use such content to promote its business activities. The content may be protected by image rights and/or copyright, in which case the Asiakas authorises the Yhtiö to adapt it (in form) and to reproduce it on any medium, in particular by presenting it as a commercial reference and/or review. By way of example, the Yhtiö may take screenshots of messages posted on social networks relating to the Yhtiö or to the Palvelu used by the Asiakas and reproduce them as reviews on the Sivusto.

The Asiakas 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 Asiakas, plus 70 years, and worldwide. The Yhtiö 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 Asiakas.

Article 15 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

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

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

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

Article 16 - LIABILITY

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

The price of the Palvelu in no way includes the costs that the Asiakas 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 Palvelu.

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

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

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

As a publisher, the Asiakas 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 Asiakas 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 Palvelut chosen by the professional Asiakas, the Yhtiö’s liability is expressly limited to compensation for direct damage proven by the professional Asiakas. Under no circumstances is the Yhtiö liable for indirect damage such as loss of data or files, loss of business, commercial prejudice, loss of profit or damage to the professional Asiakas’s image or reputation. Similarly, the Yhtiö cannot be held liable for direct or indirect damage caused to the Käyttäjä’s equipment when accessing the Sivusto or the Palvelu, resulting from the use of equipment that does not meet the required specifications, or from the occurrence of an error or incompatibility.

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

Article 17 - GENERAL PROVISIONS

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

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

The Asiakas agrees that the Yhtiö 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 Asiakas must first contact the Yhtiö to seek an amicable solution. The Yhtiö favors dispute resolution through constructive and direct communication wherever possible.

2. Consumer dispute resolution (EU residents)

For consumer Asiakass 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. Toimivalta for professional Asiakass

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

CLASS ACTION AND JURY TRIAL WAIVER

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

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

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

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