NANO-INFLUENCE / CONSUMER MARKETING
GENERAL TERMS & CONDITIONS OF SALE
The subscription to the paid services of the Influence4You website implies the unreserved acceptance of these general terms and conditions of sale, which are intended to govern the contractual relations between Influence4You and its Clients (Agencies or Brands).
Article 1: Definitions
“Influence4You” equally refers to Influence4You - a simplified joint-stock company with a capital of 32,500 euros, whose head office is located at 9 rue du Moulin des Bruyères, 92400 Courbevoie, France, listed in the RCS of Nanterre under number 481317261 -, the service of www.Influence4You.com, or the teams in charge of the www.Influence4You.com website.
Intra-community VAT number: FR95 481 317 261.
“Client” refers to any legal or natural person who has created a Brand and/or Agency account on www.Influence4You.com to use the services offered.
Article 2: Purpose
The purpose of these GT&Cs is to define the terms, conditions, and modalities governing Influence4You’s provision of services to its Clients.
The Client acknowledges having read and understood the main characteristics of the services offered by Influence4You, which are detailed on the website accessible at the following address: www.Influence4You.com
Article 3: Duration of Influence4You's offers
This contract takes effect as soon as the account is created for a period defined by the salesperson (via email). It will be renewed by tacit agreement for identical periods. In the absence of any details on the duration, it is set at one month and is tacitly renewable.
Transfer of ownership
Unless explicitly stated otherwise, the influencer retains all his intellectual property rights and image rights on the influence campaigns carried out on behalf of the Client. On the other hand, the Client will be able to share the publications made via known online sharing platforms (retweets on Twitter, postings on Facebook, etc.).
The Client authorizes Influence4You to cite via its own communication media (e. g. website, brochures, etc.) the elements (name, logo, etc.) likely to identify the Client for reference purposes.
Campaign creation briefing
For Influence4You to successfully carry out the projects, the Client must publish a precise and exhaustive brief of the campaign on Influence4You, thus providing the Influencers with all the elements to respond as best as possible. For campaigns involving influencer remuneration, the payment of a campaign to the influencer will be made pro-rata to the compliance with the brief as estimated and defined by the Client. Should the influencer dispute this pro-rata calculation, Influence4You reserves the right to decide and indicate a pro-rata amount which will then be considered as validated by the parties.
Choice of influencer
Unless the Client explicitly requests that Influence4You do so in its place, the Client will itself choose the influencer(s) with whom it wishes to collaborate and will validate this collaboration.
Submission of the campaign brief
The Client defines the brief. The Influence4You team will validate this brief before it is published on the platform. Influence4You reserves the right to refuse any brief it deems non-compliant or irrelevant for influencers, without being liable to any refund of the subscription. Such non-compliant or irrelevant briefs would include, in particular, adult-only targeted campaigns for products and services, the promotion of products or services requiring medical advice, promotions of shops such as Shopify, promotions of network marketing products or services, sites or products deemed non-quality by the Influence4You teams; this list is not exhaustive, the Influence4You teams remain the sole decision-makers regarding the acceptance or refusal of campaigns.
Modification of the campaign brief
For a given influencer, the initial brief of a campaign can no longer be modified by the Client once the latter has validated the influencer's participation. In the event of a change in the brief, the change will be applicable to new influencers applying to the campaign.
Execution of the campaign by the influencer
Influencers are free to apply or not to the proposed campaign and to respect (or not) the brief. For paid campaigns, if the influencer does not carry out their part of the campaign, the part of the campaign relating to that influencer will not be due by the brand. If the influencer complies with only part of the brief, the part of the campaign concerning that influencer will be paid pro-rata to the compliance with the brief. If the campaign is not carried out on time, the brand will be free to remunerate or not the influencer. If the influencer deletes the sponsored publication within 10 days, the Client is entitled to cancel all or part of the influencer's remuneration for the campaign in question. Influencers are entirely free to decide the ways in which they present and feature the Client, its products, or services.
Validation of publications
The Client must ethically assess the publications obtained, in a way that is respectful of the work provided by the influencers. Any abuse (for example, underrating a good publication), can be corrected by the Influence4You team. The Client has 10 days to validate the publication (otherwise, it will be considered as 100% validated without any possible backtracking).
Discussion with influencers
Clients can discuss freely with influencers via the platform. In doing so, they will, nevertheless, have to engage in a professional form of dialogue and not bother them. However, under no circumstances will they be able to negotiate another rate (higher or lower) directly. Influence4You reserves the right to block any message or account that violates these rules.
The influencer undertakes to comply with a brief in return for remuneration or an advantage. Therefore, the influencer must comply with the applicable legislation and inform his community of followers that his publication is made in the context of a collaboration with the Client. This indication must be explicit (e.g., #sponsored or #collaboration) and instantaneous. The Client must ensure that the influencer has respected this obligation (which must be indicated in the brief).
Article 5: Financial Terms and Conditions
An invoice will be issued on the last day of the month. It will include the following:
• The monthly or annual subscription (on the anniversary of the subscription), the amount of which was validated at the time of registration on the platform, or notified by the salesperson.
• Influencer postings (which will be invoiced as they are validated), the amount of which was indicated when the influencer was chosen, and adjusted when the publication was approved.
• Additional services (to be invoiced within one month following their completion).
• Any applicable VAT will be added on the last day of the month.
The rates are exclusive of tax (excluding VAT) and are payable in euros (€). Invoices are issued in the name of Influence4You.
With the exception of other terms defined by the salesperson, the Client's payments are made by direct debit order (credit card or bank account) each time an invoice line is drawn up according to the following thresholds:
• Each time the balance of €500 is reached
• The 4th day of each month if the balance exceeds €10
The Client must ensure that it has valid means of payment at all times.
In accordance with Article L 441-16 of the French Commercial Code, in the event of any default or delay in payment, the Client will be liable to pay interests in the form of a fixed indemnity calculated on a flat rate basis of 15% per year and may lead to the immediate suspension of Influence4You's services, pending the regularization of the situation by the Client. The subscription remains due and continues to run until full termination by one of the parties.
Article 6: Obligations and responsibilities of the Client
Data provided by the Client
The Client will provide all the information necessary to carry out a good campaign when it completes the parameters and the brief of the campaign. Influence4You will not be held responsible for a campaign that does not meet the Client's expectations if the elements in question do not appear in the brief or are not written clearly. The Client authorizes Influence4You to publish the content generated by the campaigns carried out via the platform. Influence4You can refuse any campaign that does not correspond to the editorial choices or if the Client has not provided all the required administrative (financial, legal) documents.
Rights and legality
The Client guarantees that its activity is legal and that the activities presented on the Influence4You platform comply with the legislation. The Client guarantees that it owns all the rights to all the elements published on Influence4You and to the products offered as part of a campaign (brands, images, text content, products, etc.). The Client will be responsible for taking charge of any dispute that may arise between itself and any third party hereto. In the event that Influence4You is nevertheless held liable by a judicial authority, the Client undertakes to compensate Influence4You for the damage resulting from a fault on its part.
Use and error of use
The Client is fully responsible for the use it makes of the platform, particularly regarding the choice of influencers and their remuneration. In case of misunderstanding of the use of the platform, all amounts (including those related to influencers' posts or subscriptions) are due.
Article 7: Obligations and Responsibilities of Influence4You
Influence4You cannot be held liable in the event of (i) intrusion on the Client's website (and its various pages and contents) or the administration interface of the Client's website, (ii) access to databases or servers hosting the source files, (iii) hacking into the Client's email accounts, (iv) attacking a computer virus on the Client's website.
Influence4You works correctly on the latest versions of Internet Explorer, Edge, Firefox, Chrome, and Safari browsers (versions 10 and 11 for Internet Explorer and version in progress at the time of publication + 2 previous versions for other browsers). Insignificant rendering differences inevitably remain. Influence4You cannot guarantee the compatibility of the site developed on all browsers and all mobile devices.
Article 8: Non-competition
The Client will not be able to propose campaigns similar to those created on the Influence4You platform to influencers with whom it is already in contact via the platform, to avoid Influence4You's commission. Should the Client canvass or solicit influencers to this end, the Client will be liable to pay a flat-rate penalty of €300. The same applies to the influencer who accepts the Client’s solicitation.
Article 9: Effective Date
Unless otherwise specified by the salesperson, this contract takes effect on the day the account is created (by the Client or by the salesperson).
Article 10: Termination
The subscription may be terminated with a minimum of 48 hours' notice by either party by a simple click on the platform. It should be noted that the subscription is due until termination, even if there is no campaign underway and even if the absence of a campaign is due to the non-validation of the campaign by the Influence4You teams for whatever reason.
Termination is the responsibility of the Client, who must do so from his “my account” page, 48 hours before the subscription renewal date. Termination requests by email are not accepted. More specifically, Influence4You cannot be held responsible for a cancellation request by email that has not been taken into account, and a fortiori no refund request can be requested.
In the event of a breach of any of the clauses of the previously mentioned conditions, Influence4You reserves the right to terminate this contract, after written notice (by email, or letter), automatically and without compensation of any kind. In the event of termination of the contract at the Client's initiative, the budgets already allocated to campaigns on the Influence4You platform will not be recoverable and will be due according to their actual implementation. The same applies to the current subscription.
Article 11: Transferability of the contract
Influence4You reserves the right to assign, transfer, or give to a third party, in any form whatsoever, the rights and obligations arising from this contract.
Article 12: Force Majeure
Neither party shall be liable to the other for any failure or delay affecting the performance of any obligation due to the other party under this contract as a result of the occurrence of a case of force majeure usually recognized by case law.
Article 13: Modification of the general terms and conditions of sale
These general terms and conditions of sale may be subject to change. Changes to the general conditions take effect when they are published on the site, and the Client is then deemed to have read and understood them. If the Client informs Influence4You of its refusal of the changes made, Influence4You reserves the right to terminate this contract according to the terms and conditions specified in Article 10.
Article 14: Protection of personal data
The personal data collected on Influence4You’s Website and platform are subject to the company's personal data protection policy as described in the GT&Cs, and in particular:
The information collected via forms is saved in a computer file by the Data Protection Officer (DPO) and, if necessary, by the Influence4You departments involved in the processing of your registration.
The information collected by Influence4You is used to create and personalize your account, communicate with us or other members, make payments, and enjoy benefits. Unless otherwise stated, they are mandatory.
They are kept until the request for deletion is made by the requester and are intended for the purpose of Influence4You’s relevant services.
In accordance with the French law “Informatique et Libertés,” you can exercise your right of access to your personal data and have them rectified by contacting us:
> by email: contact@Influence4You.com
> By mail to Influence4You’s head office located at 9 rue du Moulin des Bruyères, 92400 COURBEVOIE
We inform you of the existence of “Bloctel,” an official no-call list aimed at blocking cold-calls. You can sign-up to this list here: https://conso.bloctel.fr/
Article 15: Special Mentions
If the salesperson agrees with the Client on clauses derogating from these General Terms and Conditions, this derogation shall prevail over these General Terms and Conditions, even if the Client has signed these General Terms and Conditions.
Article 16: Applicable Laws and Competent Jurisdictions
The parties agree that the applicable law is French domestic law, that disputes fall within the jurisdiction of the French courts, and that the courts of Nanterre have exclusive jurisdiction.