Valid since 11/2020
The purpose of these Publishers’ Terms and Conditions is to define (i) the terms and conditions for the provision of services (hereinafter referred to as “the Service”) via the website http://www.transeo.io (the “Site” or “we” or “Transeo”), and (ii) the conditions of use of the Service by the user (the “User” or the “Customer”).
Any access and/or Use of the Site implies on the part of the User the acceptance and respect of all of these terms and conditions and their unconditional acceptance. Acceptance by the User implies the conclusion and formation of a contract between the owner of the Site (The Company Transeo UG, a company with registered office at 18 Bartastraße 12055 Berlin, Germany, registered at the District Court of Berlin-Charlottenburg under the number HRB 198855 B) and the User. These TOS apply to any person having the status of User as defined below. In the event that the User does not wish to accept all or part of these TOS, the User is requested to renounce all use of the Service. The Company Transeo UG (the “Company”) reserves the right to modify or suspend the present TOS and/or the content of the Site or the Service at any time without notice. The User is thus advised to regularly consult the latest version of the present TUSCs updated, published and available on the Site. This Site is accessible to any User with Internet access. All costs relating to access to this Site, such as hardware, software or Internet access fees, are exclusively borne by the User, who is solely responsible for the proper functioning of his or her computer equipment and Internet access. Similarly, the registration of a User on the Site, the acquisition of the status of Publisher or Customer and the use of the Service by Publishers or Customers are offered to Users subject to their acceptance of these TOS. Consequently, when registering to become a Publisher or Customer, the User acknowledges having read these Terms and Conditions of Use and expressly declares that he or she accepts them in their entirety, without any restriction, as soon as he or she clicks on the button “I have read and accept the general terms and conditions of use and services”.
The terms below, whether used in the singular or plural in these TOS, shall have the following definition:
“Customer“: the individual or legal entity, owner or agent of the owner of one or more Internet site(s), who wishes to benefit from an advertising or marketing communication operation aimed at promoting its products, services or brand or the products, services and brands of its own customers via a link (directing the one who clicks on it to the Customer’s site) that the Publisher agrees to include on the Internet site it owns or of which its principal is the owner.
“Sponsored Article” means an original and unique article written by a Publisher that (i) contains at least one HTML Link, and (ii) is posted/placed, in accordance with the laws of the country of residence of the Publisher or its principal/customer, on the website owned by the Publisher or owned by its principal/customer.
“Transeo Account“: Account of a Customer or Publisher (i) created by the Company at the time of registration of said Customer or Publisher, and (ii) accessible by said Customer or Publisher on the Site under the conditions set forth in these TOS.
“Publisher“: any individual or legal entity, owner or agent of the owner of one or more Internet site(s), who registers on the Site as Publisher and who agrees to display on its Internet site(s) one or more HTML Links directing the person who clicks on it to a Customer’s Internet site in order to promote a product and/or service of said Customer. The Publisher therefore undertakes to use exclusively the Site and the Service provided by the Company in order to place static HTML links on its site(s) in order to increase the frequentation/popularity of the Customer’s site(s) with which the Publisher has contracted via the Site.
“HTML Link(s)” or “Link(s)“: static HTML link(s) (directing the one who clicks on it to the Customer’s site) that the Publisher agrees to place on the website it owns or its principal owns in order to promote a product and/or service of the Customer. A static HTML link is (i) HTML code with an anchor and a target URL corresponding to the Customer’s site(s) or its client/client’s site(s) (if the Customer is an agency) that is intended to increase the traffic/popularity of said Customer’s or client/client’s site(s), and (ii) the subject matter of the agreement between the Customer and the Publisher (as a result of the Company’s intermediation via the Site) which agreement requires the Publisher to place the said link on its website(s) in exchange for the payment of a financial consideration. The HTML Link is placed/inserted by the Publisher (or its principal/customer) on its website or its principal/customer’s website on/into existing content or within a Sponsored Article.
“Platform“: platform made available by the Company via the Site and dedicated to the connection of the Customers and the Publishers and to the invoicing between the latter.
“Service“: service offered by the Company via the Site and whose main characteristic is to put a Publisher in contact with a Customer so that the latter concludes a contract whose object is to promote a product and/or service of the Customer via a link (directing the one who clicks on it towards the Customer’s site) that the Publisher agrees to display on the website of which it is the owner or of which its principal is the owner.
“Site“: the Internet site accessible at the following url address http://www.transeo.io. More specifically, the Site is a platform for bringing together Customers and Publishers. The Customers, who wish to communicate on their products and services, can thus, via the Site, propose to the Publishers to place Links (directing the one who clicks on it towards the Customer’s site) on the sites of the aforementioned Publishers in exchange for a financial consideration paid by the Customers to the aforementioned Publishers.
“User“: any Internet user (natural or legal person) browsing on the Site, whether a simple visitor, Publisher or Customer.
§2 Capacity to Contract on the Site & Eligibility to use the Service
In order to be entitled to benefit from the Service offered by the Company via the Site, the User must be legally capable, under the laws of his country of residence, of using the Site and contracting on it.
THE SERVICE IS ONLY ACCESSIBLE TO PERSONS AGED 18 AND OVER.
The User is responsible for the use of the Site made both in his own name and on behalf of third parties, including minors, unless it can be shown that fraudulent use is not the result of any fault or negligence on the part of the User.
The User guarantees the truthfulness and accuracy of the information provided by him or by any third party (in the name and on behalf of the User) using the User’s data on the Site.
The User who registers on the Site in the name and on behalf of a client/customer/employer (legal entity or natural person) guarantees that he has the authority to contractually bind said client/customer/employer by submitting him to these TOS.
If a User, wishing to register on the Site or wishing to register on the Site a legal entity in the name and on behalf of which he or she acts, is a natural person having links with, representing, or working for an Internet company/company operating in the field of search engines, said User is not authorized to register on the Site.
§3 Registration of a Customer
The registration of any Customer on the Platform of the Site is mandatory in order for the Customer to benefit from the advantages and to access the said Platform. In order to register, the Client must complete a questionnaire in which it provides the Company with information enabling it to identify itself. The Client’s registration will only be validated and ratified when (i) the mandatory fields of the forms have been filled in by the Client, and (ii) these TOS have been expressly approved by the Client, and finally (iii) the Company finally manually approves the Client’s registration. Any Client hereby expressly acknowledges that it has no right to register such Client on the Site.
However, it is the Client’s responsibility, where applicable (if necessary), to proceed with the reporting formalities to the competent tax and social security bodies. The Company may not be held liable in the event of the Client’s failure to meet any of the above-mentioned reporting obligations.
The Client undertakes to provide accurate information at the time of registration and to update it if necessary. Otherwise, the Company reserves the right to terminate the registration of the defaulting Client.
Furthermore, the Company shall not be liable in the event of improper performance of the Service caused by information that is incorrectly provided or not updated by the Client. In any event, and generally speaking, the Company reserves the right to accept or refuse a Client’s registration at its own discretion, without having to justify its decision, and without any possible recourse or compensation for the Client. The Company cannot be held liable for the refusal to validate the registration of a Client. Similarly, the Company reserves the right to terminate the registration of a Client at any time.
§4 Registration of a Publisher
The registration of any Publisher on the Platform of the Site is mandatory so that the Publisher can benefit from the advantages and access to the said Platform. To register, the Publisher must fill in a questionnaire in which it provides the Company with information allowing it to be identified. The Publisher’s registration is automatically validated and ratified when the mandatory fields of the forms have been filled in and when these TOS have been expressly approved by the Publisher.
If the Publisher carries on a regular business activity, it must register with the National Business Directory and/or the Trade and Companies Register and declare this activity to the social protection bodies and the tax authorities of its country.
The Publisher undertakes to provide accurate information at the time of registration and to update it if necessary. Otherwise, the Company reserves the right to terminate the registration of the defaulting Publisher.
In addition, the Company shall not be liable for any failure to perform the Service due to incorrect information or information not updated by the Publisher. In any case, and in general, the Company reserves the right to accept or refuse a registration of a Publisher at its own discretion, without having to justify it, and without any possible recourse or compensation for the Publisher. The liability of the Company shall not be incurred as a result of a Publisher’s refusal to validate a registration. Similarly, the Company reserves the right to terminate the registration of a Publisher at any time.
§5 Purpose of the Service
The purpose of these TOS is to determine the terms and conditions of use of the Platform and the Service by Publishers and Customers.
§6 The Platform of the Site has two distinct areas:
1) A space reserved for any Publisher in which the latter may :
- add one or more Publisher sites to the Platform (a Publisher may include an infinite number of sites in the Site catalog) and offer Customers a price for each type of Link placement;
- consult the Offers, accept or refuse them;
- consult the current contracts concluded with Customers with the possibility for the Publisher to terminate them;
- access the “billing” section/heading in order to consult his invoices and earnings and to request payment.
2) An area reserved for any Customer in which the Customer can :
- consult the catalog of the Site which is permanently enriched with several hundreds of Publishers’ sites with the possibility for the Customer to make advanced searches (by entering certain search criteria) in order to be able to target certain precise types of Publishers’ sites;
- the possibility to consult the current contracts concluded with Publishers with the possibility for the Customer to cancel them;
- check the presence of HTML Links on the Publishers’ sites with which the Customer has concluded a contract via the Site;
- access the section/heading “invoicing” in order to consult his payments and credit his Transeo account.
Any HTML Link placed by a Publisher must imperatively be able to be followed and recognized by search engines and be present in the source code of the site on which it is placed by the Publisher; to this end, any HTML Link must imperatively respect the following 4 validity criteria (the “4 validity criteria”), unless otherwise expressly stated in the Offer :
- (i) it must not have the attribute “nofollow”, and
- (ii) it must not be hidden from search engines, and
- (iii) it must be contained on a page indexable by search engines, and
- (iv) it must be visible by any Internet user (without using “display:none” or other properties).
From the moment of acceptance of the Offer, two counters start to increment:
- A “days counter” (each day = +1); and
- A “presence counter” (of the HTML Link(s) on the website agreed between the Customer and the Publisher) incremented daily if such HTML Link(s) remain(s) present on the website as agreed between the Customer and the Publisher.
If the day counter displays a number greater than 33 and the presence counter displays a number less than 30, then (i) the HTML Link placement agreement/contract/transaction agreed to between Customer and Publisher is terminated, and (ii) Customer is re-credited by Company with the RocketLinks Credits it spent on the HTML Link placement service, and (iii) the Publisher shall not be credited with any winnings from such terminated transaction, and (iv) the Company may decide either to suspend the Publisher’s registration on the Site or, in the event of the Publisher’s recurrence, to permanently terminate its registration on the Site.
If the attendance counter displays the number 30 and the day counter displays a number less than or equal to 33, then (i) the Publisher is credited with the winnings corresponding to said transaction, and (ii) both counters are reset to zero.
If during the course of the transaction between the Customer and the Publisher, the Company and/or the Customer notices that the HTML Link(s) placed by the Publisher does not meet one of the 4 validity criteria (defined above), then (i) the HTML Link placement agreement / contract / transaction agreed between the Customer and the Publisher is terminated, and (ii) the Customer shall be re-credited by the Company with the RocketLinks Credits spent by the Customer in connection with the HTML Link placement service, and (iii) the Publisher shall not be credited with any winnings from such terminated transaction, and (iv) the Company may decide either to suspend the Publisher’s registration on the Site or, in the event of the Publisher’s recurrence, to permanently terminate the Publisher’s registration on the Site.
§7 Sponsored Article
The Publisher commits to leave online the Sponsored Articles sold via Transeo and the Link(s) present in them during the whole life of its site. In case of non-respect of this condition, the Company gives itself the right to delete its Account, delete its site(s) or make the Sponsored Article product unavailable for the latter.
The Company shall not be liable for the deletion of the Sponsored Item and/or the Link(s) contained therein after 30 days of the presence of the Sponsored Item and the Link(s) and shall not be required to refund the Client where applicable. However, the Company agrees to notify the Publisher of its commitment to keep the Sponsored Articles sold through the Company and the Link(s) contained in such Sponsored Articles online for the life of the Publisher’s site and agrees to take action with respect to its site(s) or Account if such commitment is not fulfilled.
§8 Commitments of Users concerning the Use of the Site and the Service
Registered Users of the Site hereby certify that they (i) will use their access to the Site and the Service for the sole and exclusive purpose of benefiting (for Customers) from a service or providing (for Publishers) an HTML Link placement service, and therefore (ii) will not use their access to the Site and the Service for any other reason and/or for any other purpose.
Any User registered on the Site hereby agrees to use the functionality of the Site and the Service in accordance with these TOS and the local laws and regulations applicable in the User’s place of residence.
Any User registered on the Site hereby undertakes not to use the functionalities of the Site and the Service for any purpose that is illegal, infringing, obscene, abusive, insulting, threatening, including for the computer security of any computer.
Any User registered on the Site undertakes not to communicate to third parties the information obtained in the context of the use of the Site, the Service and/or the Platform. Any User undertakes in particular not to disclose any information concerning a pending, accepted or refused Offer (price, website, brief). The Customers undertake in particular not to disclose any information about the sites present in the catalog.
Are strictly prohibited, under penalty of prosecution:
- any behaviour likely to interrupt, suspend, slow down and prevent the continuity of the Service,
- any intrusion or attempted intrusion into the Site’s systems,
any detour of the Site’s system resources, any action likely to impose a disproportionate burden on the Site’s infrastructure,
- any automated use of the Site,
- any breach of security and authentication measures, and
- any act likely to harm the financial, commercial and moral rights and interests of the Company, the Clients or the Publishers.
Users registered on the Site undertake to comply with all local laws and regulations in force in the place of residence of the said Users concerning the prohibition of the distribution of illicit content such as paedophile, violent, obscene content or content likely to seriously harm human dignity.
The Customer and the Publisher hereby expressly agree not to exclude the Company :
- at the time of benefiting from any HTML Link placement service resulting from the application of a contract concluded (between the Customer and a Publisher) through the Company’s intermediation,
on the occasion of any placement of Sponsored Articles and HTML links ordered by the Customer to the Publisher within one year of the last connection.
- by using the Site/Service, the User hereby expressly agrees to respect the Company’s intellectual property rights, and thus not to copy, download, reproduce, broadcast, distribute, modify, alter, transmit, print or use the content of the Site for the benefit of third parties, for any reason whatsoever and without the Company’s prior authorization.
In the event of a breach by a User registered on the Site of any of the provisions of this section of the TOS (“Users’ Commitments Regarding Use of the Site and the Service”) or, more generally, of any breach, during the use of the Site and/or the Service, of local laws and regulations applicable in the place of residence of said User, the Company reserves the right to suspend the use of the Site or the Service by said User at any time and without notice.
The login and password, allowing the User to connect to the Site and to his Transeo Account in order to carry out transactions, are strictly confidential and the protection of this confidentiality is under the sole, full and entire responsibility of the User. The Company cannot be held responsible for the loss by a User of his password or login nor for any unauthorized use by a third party of the Transeo Account of the User nor for any damage that could result from it.
§9 Purchase by the client of orders (Invoices of the Company to the Clients’ address)
Customers pay for each order via Stripe.
Each order concludes a contract with Publishers via the Site (on the Platform) in order to benefit from an HTML Link placement service (directing the one who clicks on it to the Customer’s website) carried out by the said Publishers on their website(s) or on the website(s) belonging to their principal/customer. At the time of any payment, the Company automatically issues an invoice (i) corresponding to the said amount of the order to the Customer’s address (invoice showing the amount of the order in euros, with or without the application of a VAT rate depending on the Customer’s country of residence (European Union, non-European Union, Germany), and (ii) containing the useful and personal information provided by the Customer when registering on the Site.
§10 Company’s commission and remuneration of the Publisher
As part of its Intermediation Service, the Company will receive and charge a finder’s fee for each transaction between a Customer and a Publisher. The Publisher will receive remuneration on the order amounts spent by the Customer. The Publisher’s remuneration will therefore consist of the amount of the Client’s order minus the Company’s remuneration.
Methods of payment of the Publisher’s remuneration
The Company shall pay the Publisher’s remuneration to the Publisher’s Transeo Account immediately after the Company has ascertained the complete execution of a transaction for placing HTML Links (which implies that (i) the 4 validity criteria are met, (ii) the presence counter displays the number 30, and (iii) the day counter displays a number less than or equal to 33).
§11 Payment of the Publisher by the Company
The payment (in Euros) to the Publisher of a part or the totality of the order amounts accumulated on its Transeo Account is made by the Company (on behalf of the Customer and in consideration of the HTML Link placement service provided by the Publisher to the Customer) at 30 days end of month.
The Publisher, by accepting the TOS, gives mandate to the Company to establish its invoices in its name and for its account. Notwithstanding the invoicing mandate given to the Company, the Publisher remains fully responsible for its invoicing obligations and their consequences with regard to VAT. In particular, the Publisher must pay to the financial authorities of its country the VAT mentioned on the invoices issued in its name and on its behalf by the Company and must notify the Company of any change in the mentions concerning its identification.
The payments to be made to the Publishers are transferred between the 1st and the 15th of the month, one month after the issue of the invoice. More concretely, if an order was published on January 2, the January invoice is issued on January 31, the payment will be made between March 1 and March 15.
Payments are made by bank transfer in priority, and by Paypal of the Publishers (whose details must be provided to the Company beforehand) if bank transfer is not a possible option or too expensive in terms of fees.
§12 Protection of Personal Data
§13 Disclaimer of Warranty & Limitation of Liability
To the extent permitted by applicable laws and regulations and given that the Company acts exclusively as an intermediary putting Clients in contact with Publishers, (i) the Company provides no guarantee, express or implied, relating to the proper execution of the Service or the proper functioning of the Platform or the Site, other than those expressly mentioned in these TOS, (ii) in particular, the Company does not guarantee any specific result resulting from the use by the Clients of the Service and the Platform and/or the Site and thus the Company shall not be held liable for any poor results or lack of good results, following the placement activities of HTML Link(s) conducted pursuant to these TOS, in terms of position/ranking of the Client’s site(s) on search engines or directories, (iii) the Company shall not be held liable in any way, as a result of the HTML Link placement activity(ies) conducted pursuant to these TOS, of any sanctions, penalties or sanctions imposed by a search engine against a Client as a result of its use of HTML Link placement with the assistance of Publishers, (iv) the Company shall not be liable, as a result of the HTML Link placement activity(ies) conducted pursuant to these TOS, for any loss of revenue that a Client may suffer, (v) the Company shall in no event be held liable for technical problems, Internet network congestion or the failure of any other remote transmission system, which could prevent the proper functioning of the Platform and/or the Site, and/or the proper execution of the Service, (vi) the Company shall in no event be held liable for the non-execution or partial execution of the Service due to poor communication with a Publisher and/or a Client.
Given the fact that the Company has no control over the registration of the Publishers and that the Company does not verify the conformity of the content of the sites (appearing in the catalog of the Platform/Site) of the Publishers or of their principal/customer to French law (or to the law of any other country that would apply to the Customer) and in consideration of the fact that the Customer is hereby obligated to inquire whether the content of Publishers’ sites complies with German law (or the law of any other country that would apply to the Customer) or not, the Company can thus in no way be held responsible for the presence of such sites (which may not comply with German law or with the law of any other country applicable to the Customer) in the catalog of the Platform/Site (Nota Bene : However, the Company reserves the right to remove any Publisher’s website from the Platform/Site catalog at any time if the content of such website is contrary to German law or the law of any other country applicable to the Customer).
In view of the fact that the Publisher is hereby obligated to inquire as to whether the HTML Link(s) placement activity, conducted pursuant to these TOS on its own site(s) or on the site(s) of its principal/customer and on behalf of the Customer, complies with the law of its country of residence or not, The Company shall thus in no way be held liable for any damages suffered by a Publisher due to the illegality of the activity of placement of HTML Link(s), conducted in application of these TOS on its site(s) or on that/those of its principal/customer and on behalf of the Customer.
The Company hereby affirms that it has no obligation to monitor the content posted by any User on the Site and any User hereby releases the Company from any liability related to the publication on the Site of content belonging to such User in his or her capacity as author of such content. Each Publisher and each Client hereby understands that other Users, including its competitors, if any, will have access to the Site/Platform and the Services.
Within the framework of the present terms and conditions and in a general manner, the Company is bound by an obligation of means as an intermediary that puts Clients in contact with Publishers in order for them to conclude service contracts for the placement of HTML Links via the Platform.
In addition and in general, the Company shall not be held liable for any indirect damage suffered by a User registered on the Site when the latter uses the Service via the Site/Platform. By express agreement between the parties, any moral or commercial prejudice, loss of profits, turnover, orders, income or clientele, loss of data and any action directed against the Client or the Publisher by a third party and the consequences resulting therefrom shall be treated as indirect damages.
In general, it is expressly agreed that the Company’s liability towards a User registered on the Site shall not give rise to compensation until a threshold set at five thousand (5,000) euros, this amount of five thousand (5,000) euros being applied as an excess on any sentence pronounced against the Company.
Regardless of the nature, the basis and the terms of the action that would be brought by the Client or the Publisher against the Company, the Company’s liability for direct damages may not exceed, over the entire duration of the provision of the Service and all facts giving rise thereto, an amount equal to the total amount of the HTML Link placement transactions concluded by the Client/ Publisher concerned by the dispute during the last twelve (12) months prior to the Company’s liability being called into question.
Finally, the information provided by the Company on the Site complies with current French legislation. The Company shall not be held liable in the event of non-compliance of these TOS with the legislation of another country from which the Site and the Service are used.
The Company reserves the right to report any irregularity to the relevant police or public authorities, if and when it becomes aware of it. Any User agrees to indemnify, defend and hold harmless the Company, its officers, employees, affiliated or associated entities, agents, licensors and suppliers from and against any and all claims, demands, actions, costs, expenses, liabilities, losses and damages of any kind (including attorneys’ fees) arising out of User’s use of the Site or any breach of the provisions of these TOS, or any negligent act, omission or intentional irregularity by User.
§15 Intellectual property rights of elements belonging to the company
The general structure of the Site, as well as the texts, images, animated or not, sounds, know-how and any other element composing the pages of the Site are the exclusive property of the Company.
All the elements of the Site and in particular the texts, images, videos, sounds, backgrounds, structures, are the exclusive property of the Company or of the other Clients for the elements belonging to them.
The Company grants Users the personal, non-exclusive and non-transferable right to access and use the Site.
Consequently, the content of the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited in any way and for any purpose whatsoever, without the prior written consent of the Company.
Any total or partial representation of the Site or one of its elements, by any process whatsoever, without the express permission of the Company or other Customers, is prohibited and would constitute an infringement punishable by the Intellectual Property Code and RGPD.
§16 Intellectual property rights of the elements belonging to the Customer
The Client assures the Company that it is the owner and/or holder of the intellectual property rights of the intellectual works, trademarks, logos or any other element that it provides to the Company for the realization of the Service.
For the execution of the present contract, the Client expressly authorizes: the Company as well as the Publishers selected for an HTML Link placement campaign for which the Client is the principal to exploit (reproduce, represent, translate, etc.) on any medium any element covered by an intellectual property right provided by it and for which it holds the intellectual property rights.
Finally, the Client assures the Company of the peaceful exercise of the above-mentioned elements.
§17 Intellectual property rights of the elements belonging to the publisher
The texts, animated or not animated images, sounds and any other element composing the Sponsored Article are and remain the exclusive property of the Publisher, subject to the intellectual property rights of the Customer on the works of the mind, brands, logos or any other element that it is likely to provide for the good realization of the Service.
The Company is not assignee of intellectual property rights on the Sponsored Article.
The client is not a transferee of intellectual property rights on the Sponsored Article as a result of the use of the Services and the Company does not give any guarantee whatsoever in this respect.
§18 Site and Service Availability
The Company strives to make the Site accessible 24 hours a day, 7 days a week. However, the Company does not act as an Internet service provider. As such, it can guarantee neither the quality of the Internet connection, nor the absence of interruptions specific to the network that could cause an interruption of the Site and the Service as well as the possible loss of data.
The Company does not guarantee that the Site will be free of anomalies, errors or bugs, nor that these can be corrected, nor that it is compatible with a particular hardware or configuration other than that expressly validated by the Company.
The Company is in no way responsible for malfunctions attributable to third party software, whether or not such software is incorporated into or provided with the Site.
Users declare that they are aware of the difficulties inherent in the use of the Internet due in particular to the disruption of networks and the highly variable speeds that can cause failures or incidents in accessing the Site and the Service.
Users declare that they are aware of the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks related to the security of communications. In addition, for the proper functioning of the Site and the Service, the Company reserves the right to interrupt access to it to carry out maintenance, updates, improvements and/or tests.
The Company will make every effort to carry out these operations in the shortest possible time and outside of peak usage hours.
The Company cannot be held liable in any way for all of these situations.
§19 Promotional Offers
The Company reserves the right to inform by e-mail any registered User of the evolution of the Service or its commercial offers. However, the User has the option to opt-out of receiving promotional messages from the Company and/or the Company’s business partners, from the date of registration with the Site or at a later date by unsubscribing from the Company’s mailing list (“Mailing List”) using the unsubscribe link included in any email sent to the registered User in accordance with German law.
These TOS apply for the entire duration of the Service User’s registration.
Any User may terminate his or her registration without notice and without having to justify it by sending an e-mail to the Company, specifying that he or she wishes to terminate his or her registration.
Indeed, the User has the possibility at any time to unsubscribe from the Site, thereby terminating this contract (these TOS) between the User and the Company. However, unsubscribing from the Site does not imply that the User has unsubscribed from the Mailing List.
The User’s account will be deleted by the Company within 30 working days after receipt of the e-mail at email@example.com. In this case, any payments still owed to the User will be made under the conditions of the sections of these TOS relating to the payment of the Publisher’s remuneration.
As an exception to the foregoing, in the case of a closure by the Company of the Transeo Account of a User for non-compliance with its obligations under the present TOS, and as a sanction, the Company shall not be required to pay any sums due to this excluded User.
The User will be informed of his unsubscription (decided by the Company) by means of an e-mail. The Company reserves the right to suspend at any time without notice, temporarily or permanently, the access to the Site and/or to the Transeo Account of a User who does not respect all or part of the TOS.
§22 Relationship between the Publishers and the Company
The relationship between the Publishers and the Company does not give rise to any subordination or agency to the Publishers and does not create any joint venture or partnership between the Company and its Publishers, either individually or collectively. Consequently, the Publishers may never be considered as representatives, agents or, directly or through an intermediary, employees of the Company.
§23 Force Majeure
The responsibility of either party may not be sought if the execution of these TUSCs is delayed or prevented due to the occurrence of a case of force majeure or an act of God or external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the electricity grid.
If any of the stipulations of these TOS are found to be invalid with respect to a rule of law in force or a court decision that has become final, it will be deemed to be unwritten, without invalidating the remaining stipulations contained in these TOS or altering the validity of its other stipulations.
The fact that one or the other of the parties does not claim the application of any clause of these TUS or does not consent to its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by that party of its rights arising from the said clause contained in these TUS.
The headings of the articles of these TOS are for ease of reference only and are not, by themselves, contractually binding or of any particular significance.
§26 Notices & Communications
For any question concerning the use of the Service, the User may contact the Company at the email address firstname.lastname@example.org or by telephone at +33 (0)970 466 700 (price of a local call).
§27 Applicable Law
These TOS shall be governed by German law even if one of the parties is a foreign national and/or the TOS are wholly or partly performed abroad. In the event of any difficulty in the interpretation and/or application of these TOS, the Company and the Client/Publisher shall have the possibility to propose a settlement by amicable procedure before any legal action is taken. In the absence of an amicable agreement, any ongoing dispute concerning the interpretation or execution of these TOS will be submitted by the most diligent party to the BERLIN TRIBUNAL OF COMMERCE even for emergency or conservatory proceedings.