General Conditions
Welcome and thank you for your trust.
Below you will find the General Terms and Conditions of Sale applicable to the site https://online-file-converter.com, on which you can convert your files online into different formats.
Unless otherwise stated on the Site at the time of your Order, you can benefit from this offer at the reduced price of €0.50 for a period of 24 hours at the end of which your monthly subscription automatically becomes chargeable at the price of €47.90 / month at the time of the order, unless cancelled before the end of this trial period from your Personal Space on the Site.
This subscription is non-binding in terms of duration and can be cancelled at any time in a few clicks.
If you have any questions, a customer service can be contacted from Monday to Saturday from 6 am to 8 pm:
- By email at the address: contact@fastfiles.org – we strive to answer you within 24 hours.
Terms assigned a capital letter refer to the following definitions:
The “Company” designates DANDELION DIGITAL MEDIA LTD, Suite 2997, Unit 3a, 34-35 Hatton Garden, London, England, EC1N 8DX immatriculée sous le n°10953180. The “Site” designates the website(s) accessible from the URL link https://online-file-converter.com and all the sites edited by the Company to present and sell its Services.
The “User” designates any person browsing the Site.
The “Service(s)” designate all service provisions and functionalities available for Order on the Site for file conversion (documents, images, videos, audios...) into another format, as described on the Site.
The “Order” designates any subscription to a Service by the Customer with the Company via the Site.
The “Customer” designates the individual or legal entity, professional or not, subscribing to a Service with the Company.
The “General Terms and Conditions of Sale” or “GTCS” designate these general terms and conditions of sale, applicable in the contractual relationship between the Company and its Customers, which include the privacy policy possibly available on the Site and any element of the Site to which they expressly refer.
The “Identifiers” designates the username and password provided by the Company to the Customer so that they can access, via the Site or any other means of connection, the Service subscribed from their “Personal Space”.
The “Partner” designates any professional partner with whom the Company has a business relationship as part of providing the Service and to whom the Customer could be referred as part of providing the Service.
Purpose. The GTCS govern the provision of the Service to the Customer, which includes the terms of use of the Site edited and made available by the Company.
Access to the GTCS. The GTCS are accessible at any time on the Site and prevail, if applicable, over any other version, previous or future. The GTCS take effect from their date of update indicated at the top of this document, and apply to the exclusion of all other conditions, especially those applicable for sales using other distribution and marketing channels.
Acceptance of the GTCS. Before any Order, the Customer declares having read the GTCS and having accepted them, which implies unreserved adherence to the GTCS. By this acceptance, the Customer acknowledges that, prior to any Order, they have received sufficient information and advice from the Company on the Site, allowing them to ensure that the content of the Order matches their needs. The GTCS 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 to be of age and having the capacity to contract under the law of their country or declares to represent, under a valid mandate, the person for whom they subscribe to the Service. In any case, the Customer guarantees that they have the necessary authorizations to use the chosen payment method when validating the Order.
Unless proven otherwise, the data recorded by the Site constitute proof of all facts, acceptance, and transactions.
Scope of the GTCS. The Customer can request a copy of the version of the GTCS applicable to their Order at any time. No specific condition, initiated by the Customer, can be added and/or substitute for these conditions. The Company reserves the right to provide special conditions for its Services, special offers, special warranties, etc., which are provided to the Customer before the Order. The fact that the Company does not assert a breach by the Customer of any of the obligations contained herein at any given time, for any reason whatsoever, should not be construed as a waiver to assert such a failure in the future.
Presentation. The Customer can refer to the presentation of the Service on the Site, which is the subject of a summary on their Order page and in the confirmation email.
The Customer is expressly warned that any offer of Service is subject to change. Only the Service described at the time of subscription to the Order is due to the Customer. When the contract concluded with the Company relates to the provision of digital content or digital services (excluding other services that are not digital services), the service is provided as is and no minimum level of service quality is guaranteed to the Customer.
Language. The Service is provided by the Company in French or any other language chosen in agreement with the Customer who is expressly informed that the Company may use automated translation services that may include translation errors.
Information about the Services. The Services governed by the GTCS are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the Company's liability cannot be invoked unless it concerns a substantial element of the offer in question.
Version and updates. The Service subscribed by the Customer is provided in its most up-to-date version at the time of purchase. Unless otherwise stated on the Site at the time of the Order, updates are included in the price of the Service and the Customer will benefit from improvements and new features proposed.
The Service begins immediately after the Order.
After the trial period, the offer is automatically converted into a non-binding monthly subscription, cancellable at any time.
Unless otherwise stated at the time of the Order, the trial period is offered at a reduced price for a limited duration of 24h, after which the non-binding monthly subscription begins.
The Customer may terminate their commitment provided that they respect a notice of at least 24 hours before the end of the current month:
- by clicking on the "unsubscribe" button in their Personal Space on the Site;
- by entering their email address and the last 4 digits of the credit card used for the Order, in the cancellation form provided in the email that was sent to them after their request to unsubscribe.
Termination will take effect at the end of the current month of subscription.
The Customer can also suspend their subscription at any time and reactivate it later from their Personal Space.
No other amount will be required, and no amount already paid for the subscription will be refunded. Any month started or subject to late suspension or cancellation is fully due.
Order on the Site. After selecting the Service they want to subscribe to on the Site, the Customer is directed to an Order page where they enter their details and the payment method (single or staggered payment, payment method). The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. Particularly, the Customer must have a functional send and receive email mailbox. Otherwise, they will not be able to receive written confirmation of their Order at the specified email address or receive their Service access codes.
The Customer cannot hold the Company responsible for a breach resulting from the inaccuracy or falsehood of the information provided at the time of the Order, which will be used to deliver the Service.
Payment obligation. Any Order received by the Company is deemed firm and definitive, leads to adherence and full acceptance of the GTCS under the arrangements provided, and the obligation to pay for any Service ordered.
Electronic signature. The online provision of the Customer's banking details and the final validation of the Order will constitute (i) proof of the Customer’s agreement (ii) the due sums under the Order placed and (iii) signature and express acceptance of all operations during the Order on the Site (checkbox to check or uncheck, validation click, etc.).
Order validation. After reading and accepting the GTCS on the Order page, the Customer is directed to a summary page of their Order, where they provide their bank details before validating their payment. It is the Customer's responsibility to check the Order summary information and to correct it if necessary before validating the Order payment. This second click definitively confirms the Customer’s Order.
Order confirmation. The Customer receives an email confirmation and summary of their Order as soon as the payment is actually validated by the Company or its payment service provider.
Proof of the transaction. The computerized records, kept in the Company’s computer systems under reasonable security conditions, will be considered proof of the communications, Orders, and payments between the parties. The archiving of Orders and invoices is carried out on a reliable and durable medium that may be produced as evidence.
Applicable rates. The Service subscribed is delivered at the current rates listed on the Site at the time of registration of the Client’s Order by the Company. The Client can obtain updated information on all applicable rates and any possible maintenance fees in the pricing tab of the Site or by contacting the Company at the address contact@fastfiles.org.
Prices are indicated in euros and take into account the VAT applicable on the date of the Order. Any change to the applicable VAT rate will automatically be reflected in the price of the Services. The prices indicated on the Site are provided all taxes included. It is up to the professional to carry out any necessary checks and to comply with their tax obligations, particularly in terms of VAT, for which the Client is solely responsible.
In the case of international sales, any customs duties and various taxes payable are the responsibility of the Client and fall solely under their responsibility. The Company cannot assume any responsibility in this regard, and the Client is solely responsible.
The entire or part of the Service may be delivered not in exchange for the payment of a price but in exchange for personal data (such as a first and last name, email address, telephone number) provided, which may be used for commercial prospecting purposes, with the express, free, and informed consent of the Client.
Exigibility of sums. The validation of the Order renders all sums due under it exigible. By validating their Order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to their bank to debit the bank account whose details were provided by the Customer, according to the payment schedules indicated in the Order summary.
Payment method. Direct debit. The Customer chooses the direct debit payment method with the 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 – including by way of indication for . In this case, payment is made from the bank card information communicated, according to the payment method proposed by the payment service provider. The Company reserves the right to use payment service providers of its choice and to change them at any time.
Debit authorization – subscription. By communicating their bank details during the sale, the Customer authorizes the Company to debit the account of the amount indicated on the Site for the Service from the Order to benefit from their trial offer and subsequently throughout their subscription and its renewals.
The Customer guarantees to the Company that they are of age and have the necessary authorizations to use the chosen payment method during the validation of the Order.
Special offers and discount vouchers. The Company reserves the right to propose time-limited launch offers, promotional offers or price reductions on its Services and to revise its offers and rates on the Site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of the Customer's Order, which cannot benefit from other rates, whether before or after their Order. Discount vouchers may be subject to specific conditions and are in any case strictly personal to their beneficiary and can be used only once. The Customer is expressly informed that the benefit of certain promotions may be conditioned to a minimum commitment duration, which will be specified at the time of their Order.
Incident of payment - Fraud. The Company reserves the right to suspend any processing of Orders and any delivery of the Service in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. The Company notably reserves the right to refuse to honor an Order from a Customer who has not fully or partially paid a prior Order or with whom a payment dispute is in progress.
The Company may contact the Customer for additional documents to execute the payment of the Order. The Company may rely on information provided by the Order analysis system. The provision of requested documents is necessary for the confirmation of the Order by the Company. To fight against credit card fraud, a visual verification of payment methods may be performed by the Company before making the Service accessible. In case of fraudulent use of their credit card, the Customer is invited, upon noticing this use, to contact the Company, without prejudice to the steps to be taken by the Client with their bank.
Default or delay in payment. The interest and penalties stipulated by law apply in the case of default or delay in payment by the consumer or professional Client.
Payment facilities. If the Company offers the Customer the option to pay the entire determined lump sum price in several installments, this does not constitute a commitment-free payment or a monthly subscription, but a payment schedule for the Service price. The entire price corresponding to the sum of the staggered payments is due, regardless of the number of payments planned. The final payment date is never set more than three months after the Service supply ends and/or the Client's access to the Service is closed. This payment facility does not constitute credit or microcredit.
When a payment in installments is offered, the first due date is paid on the day of the Order and the following installments with an interval between each payment specified in the Order summary (unless otherwise stated, a one-month interval between each payment). 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 installments if the credit card expires before the last scheduled payment or if the secure payment service provider opposes it.
Deadline. The Customer can withdraw from the contract concluded with the Company without giving any reason within fourteen calendar days starting the day after the Order (the day following the subscription to the contract). If the deadline falls on a Saturday, Sunday, or a public holiday, it is extended until the end of the last hour of the first working day following.
Exercise. To exercise the right of withdrawal, the Customer notifies contact@fastfiles.org of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post, facsimile or email). The Client may use the withdrawal form template but it is not obligatory. It is a consumer right and not a commercial guarantee.
In the event of withdrawal from one or more Services, the Company reimburses the price paid at the latest within fourteen days from the day after the withdrawal decision is received, by the same means of payment as used in the initial transaction, unless the Client accepts a different method.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of ONLINE FILE CONVERTER - DANDELION DIGITAL MEDIA LTD, Suite 2997, Unit 3a, 34-35 Hatton Garden, London, England, EC1N 8DX immatriculée sous le n°10953180 - contact@fastfiles.org :
I/we (*) hereby notify/notifies (*) you of my/our (*) withdrawal from the contract for the provision of services (*) below :
Ordered on (*) :
Name of the consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if notifying this form on paper) :
Date:
(*) Delete as appropriate.
ATTENTION, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE FOLLOWING CASES:
If the Client requests to benefit from a service immediately after the Order without waiting for the end of the withdrawal period but does not waive their right in the cases provided for above, they will pay the Company an amount corresponding to the service provided up to the notification of their decision to withdraw. This amount is proportional to the total price of the service agreed upon at the time of the Order. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
In the context of legal exceptions and when required by law, the Client may be asked at the time of the Order to indicate their agreement to receive the Service before the end of the withdrawal period and/or their waiver of the withdrawal right via a checkbox or any other appropriate means. If not, the Company reserves the right not to send any content to the Client before the expiration of the fourteen-day period, which they expressly accept.
Termination of Service upon exercise. The exercise of the right of withdrawal ends the obligation of the parties either to execute the contract or to conclude it when the consumer has made an offer. The exercise of the right of withdrawal from a principal contract automatically ends any accessory contract, without any fees to the consumer other than those provided by law. The Client is therefore informed that the Company will immediately cease the Service in the event of the exercise of the right of withdrawal.
Access to the Site. The Site is freely accessible to anyone with internet access. All costs related to access to the Site, whether they are hardware, software or internet access costs are exclusively at the User's expense. The Company cannot be held liable for material damages related to the use of the Site. Moreover, the User agrees to access the Site using recent equipment, not containing viruses, and with an up-to-date latest generation browser. The User is solely responsible for the proper functioning of their computer equipment as well as their access to the internet to access the Site and the Service.
Access to the Service. The Company will provide the Identifiers to access the Service at the latest within 24 hours from the date and time at which the Client placed their Order, subject to acceptance of payment by their bank. It is therefore essential to provide a valid email address. The conditions of access to the Service may vary depending on the conditions of exercising the right of withdrawal, according to the modalities provided by the GTCS and the law.
The Client is invited to contact the Company if they have not received or if they have lost their Identifiers so that they can be reset within 48 hours. The subsequent provision of the Identifiers releases the Company from any responsibility towards the Client who cannot hold the Company responsible for unavailability of the Service.
Individual and personal nature of Identifiers. Any connection Identifier provided by the Company to the Client is strictly personal, individual, confidential, and non-transferable. The Client agrees to subscribe to the Service for exclusively personal purposes and declares not to resell, distribute, or lease to third parties any part of the Services and particularly the content of the Services or any other product received as part of their Order. The Client who does not respect this commitment exposes themselves to prosecution. The Client will be responsible for any unauthorized, fraudulent, or abusive use of their Identifiers and will inform the Company without delay about the loss or theft of these. In case of proven violation of the conditions of access to the Site or Service, the Company reserves the right to suspend access to the Service, without indemnity, notice, or prior information.
Number of accesses. Unless special conditions providing wider access, subscribing to a Service by a Client only includes access rights for one person, regardless of the number of employees or establishments of the Client. If the Client wishes several of their employees, collaborators, partners, or any other person to be able to access the Service, they will need to subscribe as many contracts as there are people for whom access to the Service is desired.
Maintenance. The Site may be subject to maintenance operations and the Company reserves the right to interrupt, temporarily suspend, or modify without prior notice access to all or part of the Site or Service to ensure maintenance (notably through updates) or for any other reason, without the interruption giving right to any obligation or compensation.
Availability. The Company implements all reasonable means at its disposal to ensure uninterrupted and quality access to the Site and the Service, but is not obliged to achieve this. In particular, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site or to the Service.
Good faith use - Third-party sites. Any contribution space on the Site and which the Client may have access to as part of a Service, including on social networks and groups, must be used in good faith. The Client forbids any defamatory, threatening, hateful, intolerant, obscene, etc. remarks and any disparaging publication capable of infringing the rights of the Company, other Users, third parties, or contrary to the law.
The Company reserves the right to refuse access to all or part of the Site, Service, contribution spaces, and groups or limit the access rights to the contribution spaces and groups, unilaterally and without prior notification, to any Client not respecting the GTCS, the possible site and Service usage conditions, and/or all sites, platforms, and third-party tools accessible as part of the Service or more generally, any legal or regulatory obligation.
The Client agrees to inform themselves about the usage conditions of all third-party sites, social networks, platforms, and tools accessible as part of the Service and to comply with them. The Company exercises no control over these conditions and declines any responsibility in case of banning or litigation of the Client with these third-party sites.
THE CLIENT IS EXPRESSLY INFORMED THAT THIS WARRANTY DOES NOT APPLY TO PROFESSIONAL CLIENTS AND SERVICES OTHER THAN DIGITAL SERVICES, WHETHER THE PROFESSIONAL USES DIGITAL FORMATS OR MEANS TO CREATE THE SERVICE PRODUCT, PROVIDE OR TRANSMIT IT TO THE CONSUMER.
The consumer has the right to the implementation of the legal guarantee of conformity in case of the appearance of a lack of conformity during the whole period of their subscription to digital content or digital service starting from the supply of the digital content or the digital service. During this period, the consumer only needs to establish the existence of the lack of conformity and not the date it appeared.
The legal guarantee of conformity entails the obligation to provide all necessary updates to maintain the conformity of the digital content or digital service throughout the period of the subscription.
The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into compliance without undue delay following their request, without charge and without significant inconvenience to them.
The consumer can obtain a price reduction while retaining the digital content or the digital service, or they can terminate the contract and get a full refund against the waiver of the digital content or the digital service, if:
1° The professional refuses to bring the digital content or digital service into conformity;
2° The conformity of the digital content or digital service is unjustifiably delayed;
3° The conformity of the digital content or digital service cannot occur without costs imposed on the consumer;
4° The conformity of the digital content or digital service causes significant inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a price reduction or to the resolution of the contract when the lack of conformity is so serious that it justifies that the price reduction or resolution of the contract is immediate. The consumer is not then obliged to request the conformity of the digital content or digital service beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service with a view to bringing it into conformity suspends the warranty that remained in effect until the supply of the compliant digital content or digital service.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
The professional who maliciously obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in accordance with articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles to a price reduction if the digital content or digital service is retained, or to a full refund against the waiver of the digital content or digital service.
The Company respects the privacy of its Users and Customers. It commits to ensuring that the collection and processing of their data – with the aim of managing contracts and Orders, providing and improving the Site and Service, commercial prospecting, and handling disputes – complies with the General Data Protection Regulation (GDPR) and the most recent version of the Data Protection Act.
To provide the service or certain digital contents, the Company must collect and process the following data concerning the Customer: first and last name, email address, telephone number, billing address, bank details.
Personal data of Clients will not be retained beyond the duration strictly necessary for the purposes indicated. Some data allowing to establish the proof of a right or contract, may be subject to an intermediate archiving policy for a duration corresponding to prescription and limitation periods for possible judicial or administrative actions that may arise.
In accordance with the Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, according to the applicable legal conditions, the right to access, rectify, limit processing, oppose processing, data portability, deletion, and the right not to be subject to an automated decision, including profiling. Where applicable, the person concerned also has the right to withdraw their consent at any time.
The Customer is informed and accepts that the Site and/or the Service may include technical devices allowing to follow usage (connected user account, IP address, type of applications used, various logs for connection and use of the User Account...) and that they may be used in the context of anti-counterfeiting measures, and/or to identify and/or prevent any illegal or non-compliant use of the Site.
Any request for exercise can be sent by email to the address contact@fastfiles.org. Any person concerned by processing has the right to lodge a complaint with the National Commission on Informatics and Liberty.
The Customer’s telephone details may be requested by the Company as part of an Order. The consumer Customer who does not wish to be the subject of commercial prospecting by phone is informed that they can register for free on a list of opposition to telephone solicitation called "Bloctel" (more information on bloctel.gouv.fr). When the Customer is registered on this list, the Company does not operate telephone marketing and may contact the Customer by telephone only for solicitations occurring as part of the execution of an order in progress and related to the purpose of this Order.
To address a security incident, threats, or a vulnerability situation, the Company may implement the following internal measures: informing Customers and the control authority if necessary, raising awareness among the Company's teams, strengthening the security of premises and workstations within the Company. The Company may also take the following measures vis-à-vis its Customers: conditioning access to the Service of Customers to the modification of their Identifiers, imposing on them to strengthen the security of their password, implementing authentication procedures with increased security.
For more information on automated data processing and modalities to exercise their rights, any User can consult the privacy policy accessible at any time on the Site.
The User may access, through the hypertext links on the Site or as part of a Service, the sites of Partners or third parties, designed and managed under the responsibility of third parties that are not subject to the GTCS. Consequently, the User is invited to review the contractual conditions of use or sale and the privacy policies or any other legal information applicable to these Partner or third-party sites.
No control over these sites and contents is exercised by the Company, which declines any responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to any content of the Partners.
If a third-party site directs its users to the Site, the Company reserves the right to request the removal of the hypertext link pointing to the Site if it deems this link not compliant with its legitimate rights and interests.
The execution of the Company's obligations under these terms and conditions is suspended in the event of a fortuitous event or force majeure that would prevent their execution. This suspension may concern all or part of the Service. In this case, the Company will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only definitive prevention will give rise to a refund. If the definitive prevention is partial, only a partial refund will be granted.
In the conditions provided for by law, Customers expressly accept that they cannot invoke a force majeure circumstance to defer a payment (for an invoice, for example) for a Service provided or being provided, or refuse delivery of an Order placed.
Considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of courts and tribunals and without this list being restrictive, are: internal or external strikes or social conflicts to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance escaping the reasonable control of the Company.
The Company's responsibility cannot be engaged in any case due to difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to technical or software failures or any other cause external to it. The Customer acknowledges being informed of the technical risks inherent in the Internet and the dysfunctions that may result. As a result, the Company shall not be liable for any unavailability, slowdown or failure of the Internet network or any computer solutions of any kind, unless due to proven negligence on its part.
Furthermore, in case of incapacity to work of the worker(s) in charge of the Service, following illness, accident, family reason, maternity and/or paternity leave, etc., the Company reserves the right to replace them and/or suspend the provision without the Customer being able to claim any indemnities of any kind. The Company will notify the Customer within a reasonable time of this incapacity and, to the extent possible, of its duration. Only definitive incapacity confirmed by the Company may give rise to a refund. If the definitive incapacity is partial, only a partial refund will be granted.
The Company or its Partners hold all intellectual property rights relating to the Site and the Service. Intellectual property rights include, but are not limited to, all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site or constituting the tools and supports delivered on the Site and as part of the Service.
Access to the Site and Service does not grant the User or Customer any rights to the intellectual property rights related to the Site and Service, which remain the exclusive property of the Company or its Partners.
The User or the Customer cannot, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way, all or part of the Site and the Service without prior written authorization from the Company or its Partners.
Unauthorized exploitation of all or part of the Site or Service may be subject to any appropriate action, including an interruption of access to the Service or a lawsuit for infringement.
In exchange for payment of the price requested during the Order, the contents, techniques, know-how, and methods transmitted and, more generally, all information from the Service are subject to a strictly personal, non-transferable, and non-exclusive right of use for the duration of the Service selected by the Customer at the time of the Order for the duration of the contract only.
As such, the Customer forbids the use and exploitation of the Service on behalf of other people, including their employees or entourage. They undertake responsibility for any unauthorized cession or communication of the content of the Service or sharing in any way of their connection Identifiers. The Client is a surety for the respect of the intellectual property rights of the Company or its Partners by all their agents likely to have access to the restricted contents of the Site and to all the contents of the Service.
All distinctive signs used by the Company are protected by law and any unauthorized use by the Company may give rise to prosecutions. The Company reserves the right to close the Client's access to the Service in case of violation of its intellectual property rights, without prejudice to any penalties and damages.
Information on reviews. Customers may be invited to give their opinion on the Service they benefited from by filling in the provided form. They commit to providing a faithful description of their consumption experience. Reviews on the Site are sorted alphabetically/chronologically and are checked by the Company before publication, which the Customer is expressly warned about (positive reviews only).
Once published, the Customer can request to modify or withdraw their review by writing to contact@fastfiles.org. The Company reserves the right not to publish the modified review.
If the Company refuses to publish the review, the Customer is informed by email within a month.
Therefore, Users are expressly informed that reviews are checked before publication and are provided for indicative purposes only.
Customer Reference. Customers may be solicited by the Company to be cited as beneficiaries of the Service. With the Customer's consent, the Company may be authorized to mention the Customer's name, the review they provided to the Company about the Service as well as an objective description of the nature of the Service provided to them on its reference lists and proposals to prospects and its Customer base, in particular on the Site, for advertising and promotional purposes, during conversations with third parties, communications to its personnel, internal forecast management documents, as well as in the event of legal, regulatory or accounting provisions requiring it.
Authorization to exploit. When the Customer submits writings, videos and/or photographs to the Company to give their opinion or testify on the Service provided by the Company, and possibly issues comments or publications regarding the Company (for example, on its social networks), to which their identifier and profile picture on the social networks are attached, then the Customer authorizes the Company to exploit these contents for the promotion of its commercial activities. The contents are likely to be protected by image rights and/or copyright, and in this case, the Customer grants the Company the possibility to adapt them (form-wise) and reproduce them on all media, including presenting them as a commercial reference and/or as a review. For example, the Company may take screenshots of publications on social networks concerning it or the Service that the Customer benefited from, and reproduce them on the Site as a review.
The Customer acknowledges being fully vested with their rights and will not be able to claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and worldwide. The Company reserves the right to submit any other request for authorization to shoot and assignment of rights to the Customer, for all cases not provided for herein or on an occasional basis.
The Company reserves the right to modify the terms, conditions, and mentions of the GTCS at any time and without notice to adapt them to developments of the Site or its operation, and the characteristics of the Service. The conditions applicable are those accepted by the Customer and addressed to the Customer in the event of distance selling by any means of communication on a durable medium.
The modifications of the GTCS brought by the Company will not apply to Services already subscribed, except for clauses related to the technical evolution of the Service, provided that it does not result in an increase in price, nor an alteration of the quality or characteristics to which the non-professional or consumer Customer has subordinated their commitment.
The Customer may also be invited to accept the modified GTCS and failing this, the last GTCS accepted continue to apply until the Service is fully executed. In the event that the Company is unable to continue to provide the Service under the previous conditions, the Customer has the option to request termination and refund. In this case, the Company may retain an amount corresponding to the Service provided until termination, under the conditions provided by law.
Warranty. Except under the conditions of the legal or commercial warranties possibly applicable, the Company is not bound by any obligation of result and does not provide any express or implied warranty, including, without limitation, regarding the continuity, performance, result, or durability of the Service provided, which is subject to unpredictability.
The price of the Service does not include the costs to be incurred by the Customer in the course of their activities to achieve their goals, and any amount of expenses, for example for advertising, is always provided for indicative purposes within the Service.
Any goals, success stories, or examples presented by the Company on the Site and as part of the Service assume the concrete and effective implementation of all advice, techniques, and tools possibly provided as part of the Service and do not in any way constitute a promise of gain or result. The Company can in no way guarantee the Customer that they will achieve similar results, and these references are used only as an example.
Responsibility of Users and Customers. The User or the Customer is solely responsible for the interpretations they make of the information provided under the Services, the counsels they deduce or have been provided as part of the Services and the adaptations made for their own activities. The use of the information is under the sole responsibility of the Customer and at their risk, which the Customer expressly accepts.
The Customer acknowledges that they have received sufficient information and advice before committing and is aware that any sought-after result inherently carries risks and requires significant efforts. The Customer declares that they are fully aware that the Services offered have only an informative character and do not commit the Company to obtaining any particular result by the Customer except for any applicable commercial guarantee and the Service. Any Service should not be assimilated to a medical, psychological, legal, or financial service. It does not allow obtaining a diploma recognized by the State, and it has never been proposed in this capacity by the Company. The Customer remains entirely free of their commitments and can withdraw from the Service under the provisions provided for in the contract. They act under their sole and entire responsibility.
In any spaces for exchange at their disposal, the Customer assumes as publisher, the responsibility for the public communication of information and editorial responsibility for all their communication, physical and online, and particularly but not exclusively for their websites, blogs, pages, and accounts on social networks. The Customer is solely responsible for the quality, legality, and relevance of the data and contents they transmit to the public.
Limitation of Liability. Regardless of the type of Service package selected by the Professional Customer, the responsibility of the Company is expressly limited to compensating for the direct damages proven by the Professional Customer. In no event shall the Company's liability be incurred for indirect damages such as data loss, file loss, loss of operation, business injury, loss of profits, damage to image, and reputation of the Professional Customer. Likewise, the Company cannot be held responsible for direct and indirect damages caused to the User's equipment when accessing the Site or Service, resulting either from the use of equipment not meeting the stipulated conditions or from the appearance of a bug or incompatibility.
IN ANY CASE, THE LIABILITY OF THE COMPANY IS CAPPED TOWARDS PROFESSIONALS AT THE AMOUNT OF THE PRICE PAID EXCLUDING TAXES BY THE CUSTOMER IN EXCHANGE FOR THE PROVISION OF THE SERVICE WITHIN THE FRAMEWORK OF WHICH THE DISPUTE ARISES. THIS AMOUNT IS MEANT AS THE MAXIMUM THAT THE COMPANY COULD BE CALLED UPON TO PAY AS AN INDEMNITY (DAMAGES AND INTERESTS) AND PENALTIES, WHATEVER THE CLAIMS MADE AND THE LEGAL GROUNDS RELIED UPON, UNLESS THE LAW OR CASE LAW OPPOSES IT.
The GTCS as well as all the purchase and sale transactions referred to herein are governed by Swiss law unless the law applicable to the Customer provides otherwise, particularly when the Customer is a consumer subject to another legislation. They are drafted in the French language. In the event of them being translated into one or more languages, only the French text would prevail in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GTCS. The temporary or permanent non-application of one or more clauses of the GTCS by the Company shall not be considered as a waiver on its part of the other clauses hereof which continue to have effect nor a waiver to assert such for the future.
The Customer accepts that the Company may assign this contract to its affiliates or to a buyer without their prior consent.
Amicable resolution. In case of a dispute, the Customer will first contact the Company to attempt to find an amicable solution.
Mediation. In case of difficulty in applying this contract, the consumer Customer residing in Europe has the possibility, before any legal action, to request the recourse of a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso.
The mediator will attempt, in complete independence and impartiality, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may use the Online Dispute Resolution (ODR) platform available at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Dispute between professionals. IN CASE OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY CONCERNING THE SERVICE, THE INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GIVEN TO THE COURTS IN THE JURISDICTION OF THE CITY OF THE COMPANY'S HEADQUARTERS, NOTWITHSTANDING MULTIPLE DEFENDANTS OR WARRANTY CALLS, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES BY WAY OF REFEREE OR BY PETITION.
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