Legal
General Terms and Conditions of Sale
This English version is provided for convenience; the French version prevails.
1. Purpose
These terms and conditions govern the online reputation management services provided by EI JUND Bastien (AvisLocalPro) to business customers. Any order implies unreserved acceptance of these terms.
2. Services
The exact scope of the services is defined in the accepted quotation. Depending on the plan chosen, it may include: collecting customer reviews, drafting and publishing replies, maintaining the business profile, producing a monthly report and providing access to the client portal.
3. Best-efforts obligation
The service provider is bound by a best-efforts obligation (obligation de moyens), not an obligation of result. Results depend on factors beyond its control, in particular the rules and algorithms of third-party platforms, local competition and the quality of the service the customer delivers to its own clientele.
In particular, the service provider does not guarantee the removal of a review, the reinstatement of a suspended profile, or the achievement of any given rating or ranking.
4. Service provider's commitments
- Never buy, exchange or fabricate reviews.
- Never pre-screen dissatisfied customers (no review gating).
- Comply with the terms of use of the platforms concerned.
- Submit replies for approval whenever the customer requests it.
5. Customer's obligations
- Grant the delegated access required to the business profile.
- Provide relevant information and documents within a reasonable time.
- Have a legal basis for any data of its own customers passed on to the service provider.
- Refrain from any request that would breach the platforms' rules.
6. Prices and invoicing
Recurring services are invoiced monthly, in advance. One-off interventions are invoiced according to the accepted quotation. VAT not applicable, article 293 B of the French General Tax Code (CGI).
7. Payment
Invoices are payable within 15 days. Any late payment automatically gives rise to penalties at the increased statutory interest rate, as well as a fixed recovery fee of 40 euros, in accordance with articles L. 441-10 and D. 441-5 of the French Commercial Code.
8. Term and termination
The contract is entered into for an initial term of three months, after which it continues on a rolling basis with no commitment. After the initial term, either party may terminate it in writing subject to thirty days' notice.
Upon termination, the customer retains full ownership of its profile, its reviews and the replies published. Delegated access is handed back without delay.
9. Confidentiality and personal data
Each party undertakes to keep the information exchanged confidential. The processing of personal data is described in the privacy policy, which forms an integral part of these terms.
10. Liability
The service provider's liability is limited to direct damages and capped at the amount actually paid by the customer during the twelve months preceding the event giving rise to the claim.
11. Governing law
These terms are governed by French law. Failing an amicable settlement, any dispute shall fall within the jurisdiction of the courts of the place where the service provider has its registered office.