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General Terms and Conditions of Sale

General Terms and Conditions of Sale and Delivery of Services of PagesJaunesMonaco.com

 

Professional users can subscribe for advertising on our Website (pagesjaunesmonaco.com), either directly with a salesperson from Com'Plus Régie, either online on the Client section "My Account" on the Website.

Only the General Terms & Conditions below apply to this order, to the exclusion of any other. They shall apply for the duration subscribed starting from the date of signature.

 

Within the present General Terms & Conditions , the term "Signature" refers to the written confirmation by the advertiser, his final agreement being confirmed when the total amount or the first instalment will have been honoured and recorded by Com'Plus Régie and when the order has been validated in the section "My Account".

This order is valid from the date and for the duration laid down in the summary of your order.

Regarding inclusion in the Web Directory: the order will be tacitly renewed from year to year at its anniversary date for a duration of 12 months, except in case of termination by the Client or by Com'Plus Régie, which should intervene not later than one (1) month before its maturity by registered letter with acknowledgement of receipt (evidenced by the date of dispatch), or more simply by email.

 

Com'Plus Régie may at any time amend their rates and the present General Terms & Conditions according to the developments of their offers. In such situation, the Client will be informed by e-mail and may terminate his subscription by registered letter with acknowledgement of receipt addressed to "Com'Plus Régie 41 avenue Hector Otto 98000 Monaco" within a period of one (1) month following receipt of this e-mail .

It is agreed that the products and Website, to be provided under this order, may be reproduced by Com'Plus Régie for purposes of advertising and communications (external or internal) in any document and on any media including printed, online, CD-Rom and/or if necessary for measuring the audience and this, without any time limit.

The Internet is a network for public electronic communications which is international by nature. Any website contained therein can be downloaded and used by any computer in the world. The Client cannot hold Com'Plus Régie responsible for this type of abuses.

 

Definitions 

  • Client/Customer: Any advertiser who subscribes to an insertion order as an Advertiser Client. (Web Directory or Web Advertising)
  •  Web Directory: Any announcement of the Client consisting of a commercial designation, and /or a text introducing his business or activity, and/or of a visual component and/or a clickable URL link directed to a website, and intended to promote his trademark(s) and/or the provision of good(s) or service(s). It may be displayed on pagesjaunesmonaco.com according to the terms of the order.
  • Publicité Web : toute communication/publicité (display, vignette, interstitiel, pavé, header, habillage, bon plan) insérée pour le compte du Client, avec un lien URL cliquable dirigé vers un site internet.


Web Directory Content

It is the responsibility of the Client, after receiving his codes, to access the section "My account" on the Website pagesjaunesmonaco.com in order to populate the fields required for his insertion into the web directory according to the selected pack (texts, pictures, hyperlinks, opening hours, etc.) It is the responsibility of Com'Plus Régie to provide to the client the identifiers (Login/Password) required to access his section "My account".


Content of Web advertisements (advertising inserts)

It is the responsibility of the Client to collaborate proactively with Com'Plus Régie and to provide all materials required to deliver the services: production of his inserts, photos, content of e-mail message, and to authorize Com'Plus Régie (and/or the hosting provider) to use those materials in order to deliver the services according to the order.

If the Client does not transfer these materials to Com'Plus Régie within the agreed deadlines, Com'Plus Régie reserves the possibility either to recover and/or to extract some materials, text, audio, video, image, included in the content, one page of the website and/or the video from the Client in order to compose the advertising of the latter; if, despite several reminders the materials required for creation are not transmitted to Com'Plus Régie, the order will likely be cancelled and 30% of creation costs will remain due to Com'Plus Régie, the time frame for achievement of the expected services included in the associated order(s) will not be respected by Com'Plus Régie, without the Client having the right to pretend to any repayment for the amount of the order, nor to any other penalty or damages whatever they are, the Client will be liable of the full amount of the purchase order.

Com'Plus Régie disclaims any liability for defects or errors that could result from the use of technical materials submitted by the Client.


Documents provided by the Client

The Client can recover one month after publication of his insert. After this date, they will be destroyed and any request for return will no longer be satisfied.


Approval for printing/Confirmation e-mail

Advertisements to be provided under this order may require the sending of an approval for printing. Any approval for printing which is not returned within the time limit directed by Com'Plus Régie or is returned unsigned by the Client will be considered as accepted by the latter.


Responsibility of the Client

The Client is committed to pay the full amount of his order according to the provisions of the present General Terms & Conditions.

The Client, except for regulated professions including the "professions libérales", can choose for which professional activity or sector of work he wants to publish his advertising; the insert should however reflect the real activity of the Client.

It it occurs that another service can be accessed from the insert put on line on the online services, or from the Website, including through hypertext links, the Client undertakes to ensure that this service has a direct link with his insert and holds Com'Plus Régie harmless of any conviction or other consequences that may result from the action of a third party as a result of this connection (including compliance to public order and morality). The hypertext link behind the advertising must redirect to a page on the Client website.

The Client is solely responsible for the phone numbers, titles, classification headings, texts, still or animated images, sounds, trademarks and, more generally, of the entire content of his advertising insert, and this for any type of dissemination. He expressly states that he owns the appropriate rights of intellectual and artistic property, industrial property (trademarks, graphics, templates) and, where appropriate, the human image rights for all items featured in the insert (and if applicable, which he accepts that they are downloaded by the visitors of the Website), and that the latter is compliant with any legal or administrative policy or code of conduct applicable to his profession, his sector, the services or products sold by him. Consequently, the Client holds Com'Plus Régie harmless of any conviction or other consequences that may result from the action of a third party. The Client must notify Com'Plus Régie at the time of subscription of the order if any items included in the Website are subject to authoring or other similar fees collected and shared out by a specific entity.

The Client undertakes to repay to Com'Plus Régie, at the first request of the latter, the amounts to be paid by Com'Plus Régie to allow the use of such items. The amount of the reimbursement should match the amount paid by Com'Plus Régie.

The Client being aware that his advertising insert is searchable by any person of any age, nationality, race, gender or creed, and that Com'Plus Régie has no control over visits, will abstain from any allegation that can offend their sensitivities and will hold Com'Plus Régie harmless of any conviction or other consequences that may result from the action of a third party.

The Client undertakes to check the approval for printing and/or the details of the advertising inserts addressed to him, in accordance with the conditions laid down in the order. In consequence of which, the Client will not expose Com'Plus Régie to liability in this case or if he failed to point out to any errors or omissions on the approval for printing and/or the details of the advertising inserts within the time frame directed by Com'Plus Régie.

In cases where an identifier is assigned to the Client to access to one or more services subscribed, the Client takes full responsibility of such identifier, any communication of this code being made at his own risk.

  • Web Directory: the Client is responsible for the data provided via the section "My Account", as Com'Plus Régie is only providing a technical tool for dissemination. During the entire period of his order, the Client ensures the accuracy, conditions of access, and validity as well as more generally the compliance of their offers with all applicable legal requirements
  • Web Advertising: The Client is responsible for any promotional offers and visuals proposed, as Com'Plus Régie is only providing a technical tool for dissemination. During the entire period of his order, the Client ensures the accuracy, conditions of access, and validity as well as more generally the compliance of their offers with all applicable legal requirements. (Same applies to inserts in the "Deals" section)


Responsibility of Com'Plus Régie

Com'Plus Régie undertakes to display on their media platforms all advertising inserts subscribed by the Client in accordance with the terms of this order and the General Terms & Conditions.

Com'Plus Régie undertakes to publish advertisements within 48 hours after moderation of content and payment of invoice.

Com'Plus Régie undertakes to publish the presentation sheet of the Client in the Web Directory according to the selected pack and to the General Terms & Conditions as soon as possible after validation by the Client (section "My Account" or signature of purchase order).

Any failure by Com'Plus Régie to implement one of their obligations only opens right for compensation to the Client where damage can be evidenced.

In the event of implementation of the responsibility of Com'Plus Régie, Com'Plus Régie will correct the error or the failure in the shortest time possible. The repair costs due by Com'Plus Régie may not exceed the price of the advertising insert based on the real damage incurred by the Client, except if a substantial element or a serious misconduct by Com'Plus Régie is established.

The Web services to be provided under the present order should be available to the users 24h per day 7 days per week all year long, without this being an obligation on the part of Com'Plus Régie.

Com'Plus Régie reserves the right to suspend temporarily, without prior notice, access to all or part of these services on the Internet due to technical reasons associated in particular to the necessity to update, edit, maintain the services, and, in general, for any other technical and organizational reason.

Accordingly, the responsibility of Com'Plus Régie cannot be neither hold or retained, especially in cases of temporary or total unavailability of all or part of these services on the Internet, or of issues with response time, and in a general way, of any performance failure.

Com'Plus Régie disclaims any liability for defects or errors that may result from the use of the documents provided by the Client whether modified or not by Com'Plus Régie, except if these defects or errors result from such a change.

 

Suspension/Termination

Com'Plus Régie reserves the right to refuse, suspend, cancel, amend and/or terminate, without delay, without legal formality and without any right to compensation, in case of non-compliance by the Client of the payment conditions or if all or part of the advertising insert, the hypertext link or the Website, proved to be non-compliant:

  • with the conditions of this order;
  • with applicable laws and regulations, including to morality, public order
  • with the regulations applicable to the advertising business, to the policies governing publication in directories;
  • with the conditions of this order;
  • with the regulations applicable to Com'Plus Régie or its editorial line.

and this is without prejudice to any damages which Com'Plus Régie could claim. The dissemination of advertisings, the Website or an hypertext link by Com'Plus Régie should not mean in any way their compliance to the provisions of the order, and therefore the responsibility of Com'Plus Régie cannot be engaged.

Such withdrawal will not arise any right to compensation for the Client and does not relieve the Client of the payment of any amounts due.

 

Modification/Cancellation

Except in case of non-compliance with the policies governing Com'Plus Régie, signature of this order by the Client constitutes a firm and definitive undertaking.

If allowed by the manufacturing schedule, Com'Plus Régie will endeavour to apply, in the best conditions, any changes submitted by the Client.

Any request for cancellation submitted by the Client should be expressed in writing to Com'Plus Régie and will take effect only after explicit acceptance of the latter, Com'Plus Régie having no obligation to accept such a request.

For any cancellation request being accepted by Com'Plus Régie, the Client will remain bound to pay, firstly the technical costs possibly due, and secondly as a flat rate, 10% of the total amount of the order, excluding technical costs.

 

Financial Conditions

Invoices related to inserts or paid referencing on the Web directory are payable cash. Publication will take effect only after cashing of the amount due.

 

Payment

  • By credit card directly on the website or by check payable to Com'Plus Régie 41 avenue Hector Otto 98000 Monaco.

 

Warranty

By signing this order, the Client commits to have the financial capacity to ensure the coverage of the claim of Com'Plus Régie.

 

Applicable Law - Allocation of jurisdiction

This order is governed by the Monegasque law. Any dispute shall be submitted only to the jurisdiction of the relevant Courts of the Principality of Monaco.

 

Web Advertising

 "In accordance with the applicable legal provisions (Law Nr. 1,165 dated 23 December 1993, as amended) about protection of personal information about you, you have an individual right of objection, access and rectification. You can exercise this right by sending your request online via the portal www.monaco.mc or by postal mail addressed to Monaco Telecom - 25 Bd of Suisse MC - 98008 Monaco Cedex. "