General Terms and Conditions of Sale

Effective Date: 01/04/2023

1. Preamble

GETFLUENCE LTD, a limited liability company with a capital of £10,000, whose registered office is located at 14-16 Dowgate Hill Office-G07 EC4R 2SU LONDON, United Kingdom, registered with the English authorities under the identification number 13164078, publishes and makes available to professionals a web PLATFORM for bringing together ADVERTISERS wishing to be assisted in their sponsored content campaigns, and EDITORS wishing to generate additional revenue through sponsored content.

GETFLUENCE provides SERVICES accessible from the URL getfluence.com to any person meeting the present terms and conditions.

Access to the SERVICES offered by GETFLUENCE implies full and complete acceptance by its USERS of these general terms and conditions and its ANNEXES, which constitute a single contractual package, as well as a set of CONDITIONS OF USE (ADVERTISERS or EDITORS) depending on the category to which the USER belongs. It also requires acceptance of the clauses concerning the communication of personal information and the rules relating to their use and protection. Certain services give rise to the establishment of specific additional contracts attached to these general conditions.

Consulting the SERVICES offered by GETFLUENCE is free of charge. For the proper understanding of these terms and conditions, the terms in capital letters refer to the definitions in Article 2 below.

2. Definitions

• ADVERTISER(S): user on GETFLUENCE wishing to use GETFLUENCE’s SERVICES to develop its visibility by publishing SPONSORED CONTENT.
• COLLABORATION(S): any paid collaboration carried out on GETFLUENCE.COM.
• EDITOR(S): user on GETFLUENCE wishing to monetize one or more websites, of which it is the owner or authorized to operate the website(s) by contract with the owner by accepting the publication of SPONSORED CONTENT on these websites.
• GDPR: (General Data Protection Regulation) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of PERSONAL DATA and on the free movement of such data, and repealing Directive 95/46/EC.
• GETFLUENCE.COM or GETFLUENCE: WEBSITE published by GETFLUENCE and to which the following terms and conditions apply.
• PERSONAL DATA (OR PII): as defined in Article 4.1 of the GDPR: “‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
• PLATFORM: all the dematerialized SERVICES on the web proposed by GETFLUENCE.
• PROCESSOR: within the meaning of Article 4(7) of the GDPR: the natural or legal person, public authority, SERVICE or other body which alone or jointly with others determines the purposes and means of the processing operation; where the purposes and means of such processing are determined by Union law or the law of a Member State, the controller may be designated or the specific criteria for such designation may be laid down by Union law or by the law of a Member State
• PROFILE: all the information provided by the USER when registering on GETFLUENCE.
• SCHEDULE: a binding document related to these GENERAL CONDITIONS.
• SERVER(S): hardware or software device allowing access to certain SERVICES, whether or not they are accessible via the WEBSITE.
• SERVICE: refers to the activity developed by GETFLUENCE for the benefit of its customers and all the services, taken together or separately, offered to the customer by GETFLUENCE, in particular through the WEBSITE.
• SPECIFIC CONDITIONS: USER specific contract signed with GETFLUENCE.
• SPONSORED CONTENT: specific advertising format, the criteria of which are defined as part of each instance of COLLABORATION between an EDITOR and an ADVERTISER. For example, an advertising format on GETFLUENCE can be identified in the form of a „sponsored article“, an „advertorial“, a „sponsored publication“ or an „advertisement“ (non-exhaustive list).
• TERMS OF USE: Advertisers’ Terms of Use or EDITORS’ Terms of Use, as available on the WEBSITE or on request from GETFLUENCE.
• USER(S): any natural person or any representative of a legal entity creating a PROFILE on GETFLUENCE as an ADVERTISER or EDITOR.
• WEBSITE: a set of organized pages intended to be published on the WEBSITE under the same domain name, in this case https://getfluence.com/

3. Object

3.1 This contract sets out the conditions of sale of the SERVICES offered by GETFLUENCE. The whole formed by this contract, its possible ANNEXES, the CONDITIONS OF USE (ADVERTISER or EDITOR) applicable to the USER and the possible SPECIAL CONDITIONS constitute an indissociable contractual whole.

3.2 The contractual hierarchy of the documents is as follows: this Agreement, the TERMS AND CONDITIONS OF USE (ADVERTISER or EDITOR) applicable to the USER, the SPECIAL CONDITIONS and the ANNEXES in the order of their numbering.

4. Conditions of Registration

• Natural persons aged 18 years or over with full legal capacity, legal entities legally constituted and administered, as well as liberal professionals may register on the WEBSITE.
• Any registration on the WEBSITE is free, but GETFLUENCE reserves the right to refuse, without having to explain the reasons and without prior notice, any registration that it considers not to be favourable.

5. Personal Data

5.1 GETFLUENCE is responsible for processing the USERS’ PERSONAL DATA which is hosted in the SERVER of the company DYNAMIX HOST, located 53 rue de la Maire Z.I. des Paluds 13400 AUBAGNE FRANCE.

5.2 Registration to the SERVICES implies the collection of PADs. This collection of data is carried out in compliance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of PERSONAL DATA and on the free movement of such data (General Regulation on the protection of PERSONAL DATA or GDPR).

5.3 The USER is hereby informed that the legal basis for the processing of his PERSONAL DATA is as follows:

• Article 6.1.b of the GDPR: “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”;
• Article 6.1.c of the GDPR: “processing is necessary for compliance with a legal obligation to which the controller is subject”.

5.4 The nominative data for the access to GETFLUENCE are intended for the accounting and commercial SERVICES. In accordance with the law n° 78-17 of January 6, 1978 relating to Data processing, the files and freedoms and the GDPR the USER has a right of access, of correction, opposition, suppression and portability relating to the data relating to it.

5.5 The PERSONAL DATA that is collected on this site are the following: surname, first name, telephone, postal and e-mail address.

5.6 The purpose of the PERSONAL DATA collected from USERS is to make GETFLUENCE’s SERVICES available, to improve them and to maintain a secure environment.

5.7 More specifically, the uses are as follows:

• access and use of the SERVICES offered by GETFLUENCE to the USER;
• management of the operation and optimization of the WEBSITE;
• organization of the conditions of use of the payment SERVICES;
• verification, identification and authentication of data transmitted by the USER;
• implementation of USER support ;
• malware fraud prevention and detection and security incident management;
• management of possible disputes with USERS;
• sending commercial and advertising information according to the USER’s preferences.

5.8 GETFLUENCE implements organizational, technical, software and physical digital security measures to protect DCP from alteration, destruction and unauthorized access. However, the Internet is not a completely secure environment and the WEBSITE cannot guarantee the total security of the transmission and storage of information.

5.9 In accordance with the regulations applicable to the PERSONAL DATA, USERS have the following rights:

• updating or deleting their data by logging into their account and configuring their account settings;
• deleting their account. However, the information shared with other USERS such as the details of the COLLABORATIONS already ordered and paid on GETFLUENCE can remain visible even after the account deletion;
• exercising their right of access to know the PERSONAL DATA concerning them. In the context of such a request, we will ask you to provide proof of your identity in order to verify the accuracy of your request;
• asking for an update of their information;
• requesting the deletion of their PERSONAL DATA in accordance with applicable data protection laws.

5.10 To exercise these rights, the USER must contact GETFLUENCE at the following address: support@getfluence.com

5.11 All the information relating to the protection of the PERSONAL DATA is accessible on the page of the WEBSITE dedicated to this purpose.

6. How to Register

6.1 To Register, the USER must fill in the forms dedicated to this purpose on the WEBSITE.

6.2 The information provided by the USER in the registration form enabling him to register on the PLATFORM must be sincere and in accordance with the reality of his status.

6.3 The USER undertakes to inform GETFLUENCE without delay of any modification relating to the data communicated during registration. GETFLUENCE will not be held responsible for any prejudice caused directly or indirectly by the USER’s failure to do so.

6.4 GETFLUENCE reserves the right to delete, without prior notice, any account of a USER who has provided false information at the time of registration or who has not promptly notified the changes made during the use of the PLATFORM.

7. Modalities and Principle of Operation of the PLATFORM

7.1 Description of the steps involved in establishing a relationship ADVERTISERS who connect to the PLATFORM have access to a catalogue containing all the EDITORS and their visibility offers including SPONSORED CONTENT, according to the needs indicated by the ADVERTISER. ADVERTISERS can thus quickly and usefully access the EDITORS that are best suited to their online communication strategy. ADVERTISERS then select the EDITORS that interest them and whose SERVICES can enable them to strengthen their online presence and on social networks. The ADVERTISERS can send, through the GETFLUENCE.COM PLATFORM or its team, their instructions to the selected EDITORS and validate the different stages of each COLLABORATION. Just as the EDITORS can validate the steps requiring their actions. 

7.2 Delegation of Account management: USERS who opt for this can mandate GETFLUENCE to administer their Account on their behalf, so that GETFLUENCE manages in particular orders, payment requests and even withdrawals on the USER’s behalf. To activate this Service, the USER must tick the relevant box on the Platform and then contact GETFLUENCE for each new request. 

7.3 Deposit of money by ADVERTISERS on their account Each ADVERTISER may deposit money freely in his deposit account associated with his main account, by the means of payment available, in order to use the money deposited to order services on GETFLUENCE, under the conditions set out in the Advertisers Terms of Use and in particular articles 8 and 9 thereof. The amount deposited on an ADVERTISER’s deposit account cannot be the subject of a refund request to GETFLUENCE. The ADVERTISER is obliged to use the amount available on his deposit in accordance with articles 8 and 9 of the Advertisers Terms of Use, to order SERVICES available on GETFLUENCE. 

Any amount transferred as part of an ADVERTISER’s deposit to their Account shall not, under any circumstances, be refunded by GETFLUENCE, including in the hypothetical case that an EDITOR may cancel the provision of a particular Service. To order the SERVICES available on GETFLUENCE, the ADVERTISER is obligated to use the amount of the deposit available in accordance with Sections 8 and 9 of the Advertiser Terms and Conditions of Use. 

In the event that the ADVERTISER has not logged in to the Platform for a continuous duration of 12 months, the funds transferred by the ADVERTISER to their Account within the framework of use of the Services, which has not been spent for an uninterrupted period of two years from the date of deposit, shall expire at the end of this two-year period.

7.4 Payment of services by ADVERTISERS ADVERTISERS may access each of the EDITORS’ offers but must pay in full for each order as soon as it is placed, so that it can be executed.

The ADVERTISER is expressly informed that should they opt to make payment via PAYPAL, bank transfer or via bank card through the payment service provider indicated on the Platform, they shall exclusively be liable for covering the cost of any fees applied to each transaction. 

7.5 Adding EDITORS’ sites, entering GETFLUENCE prices and commissions EDITORS can freely add their sites from their account, indicating in particular the profit they wish to receive for each COLLABORATION. When the EDITORS enter their desired earnings, GETFLUENCE automatically shows the final price (excluding tax) to be paid by the ADVERTISER, including the EDITOR’s earnings and the additional commission received by GETFLUENCE. The amount of the commissions is always clearly visible and presented to the EDITOR.

7.6 Conditions for the receipt of earnings from EDITORS Each COLLABORATION between an ADVERTISER and an EDITOR entitles the EDITOR to the payment of the earnings due to the ADVERTISER, after a period of 30 days from the completion of the COLLABORATION for the benefit of the ADVERTISER. A service is still active if the published content related to the COLLABORATION is accessible on the EDITOR’s website under the conditions agreed with the ADVERTISER. In case of a failure to access or to respect the initial conditions of the COLLABORATION, an alert by e-mail is sent to the EDITOR at each control. At the end of 5 failed accesses (equivalent to 5 days) and in the event of non-reply of the EDITOR by the use of the contact information which he provided at the time of his inscription, the COLLABORATION can be cancelled and the ADVERTISER refunded on the deposit of money of his user account.

7.7 Conditions for withdrawal of earnings by EDITORS For each collaboration that ends after 30 days, the earnings associated with the collaboration are available in the EDITOR’s account and can be withdrawn for payment. 

From the date of content publication, a control period of 30 days applies, at the end of which the Editor may request to effect a withdrawal of earnings once per month, which requires the uploading of an invoice on the Platform. 

From the date of this request, payment may be made between the 1^st and the 15^th of the month following the request 

The EDITOR may receive payment by requesting the effecting of a bank wire to their bank account from the PLATFORM, or a payment via PayPal. Any transaction fee that GETFLUENCE may pay concerning a bank wire or PayPal payment shall be reinvoiced in its entirety to the EDITOR and deducted from the earnings they shall receive.  Only EDITORS whose registered office is located in the European Union, with a bank account in the European Union (SEPA type), can benefit from the bank transfer. To obtain payment of his remuneration (earnings), the EDITOR must provide, when requesting payment from his account, a compliant invoice intended for GETFLUENCE to justify the payment. Each invoice must be sent in a digital format from the PLATFORM when requesting payment. Any invoice sent by post to GETFLUENCE will not be processed. Any invoice which does not comply with the law or which displays erroneous information concerning the EDITOR or GETFLUENCE, cannot be paid.

The EDITOR acknowledges and accepts that if they do not log in to the Platform for a continuous duration of 12 months, and that the earnings they have accumulated on their Account have not been requested for withdrawal for an uninterrupted period of two years, such earnings shall expire at the end of this two-year period. 

 7.8  ADVERTISER 

Invoicing GETFLUENCE shall directly issue the ADVERTISER with an invoice indicating the EDITOR’s cost and GETFLUENCE’s commission.

8. Rates of the SERVICES offered by GETFLUENCE

8.1 The prices of the SERVICES available on the WEBSITE are indicated in euros excluding VAT on the PLATFORM and with all taxes included during the order summary. The price of the SERVICE is the one in force on the day of the order.

8.2 The total amount due and its details are shown on the confirmation page of each order.

8.3 For each order or request, the USER accepts in advance that GETFLUENCE sends by e-mail an order confirmation with access to the linked invoice.

8.4 The prices indicated are likely to vary over time and ADVERTISERS are therefore invited to consult the information made available to them on a regular basis. When a specific order is placed by an ADVERTISER, the price paid is fixed and cannot be affected by a change in price.

9. Conclusion of the Electronic Contract

9.1 In accordance with articles 1125 and following of the civil code, the USER is irrevocably deemed to have read GETFLUENCE’s general terms and conditions of sale and to have accepted them after having clicked on the dedicated area to confirm that he has read them.

9.2 GETFLUENCE shall acknowledge receipt of this agreement without undue delay and by electronic means. The confirmation of acceptance and the acknowledgement of receipt shall be conclusively deemed to have been received when the USER to whom they are addressed can access them.

10. Responsibility of GETFLUENCE

GETFLUENCE is a third party in relation to EDITORS and ADVERTISERS. To this end, GETFLUENCE is exempt from any liability in this regard and may not under any circumstances be held liable owing to the SPONSORED CONTENT published by the ADVERTISER and drafted by the EDITOR within the framework of the provided Services. 

Subject to the implementation of article 9 of this contract, GETFLUENCE establishes a relationship between professionals through the PLATFORM, and guarantees compliance with the terms of use, within the framework of the COLLABORATIONS initiated solely from the GETFLUENCE PLATFORM.

11. Networks and Access to the WEBSITE, Quality of the SERVICES – Suspension of the SERVICES

11.1 Access to the WEBSITE requires an Internet connection.

11.2 The USER acknowledges that the Internet network is subject to possible interruptions and/or slowdowns in its operation and that GETFLUENCE cannot be held responsible for this.

11.3 GETFLUENCE cannot be held responsible for problems related to the USER’s connection to the Internet, to computer viruses transmitted via this network or by another means, or to any malicious act carried out via this network or by another means. GETFLUENCE is not responsible for any damage caused to the USER’s equipment and/or data or by other means.

11.4 GETFLUENCE does not guarantee the continuity of the use of the WEBSITE which is usable by the USER through a remote connection from the Internet network.

11.5 In view of the above, GETFLUENCE cannot guarantee the continuity of the use of the WEBSITE.

11.6 Access to the WEBSITE or to some of its functionalities may occasionally be suspended to allow for the interventions and maintenance necessary for its proper functioning.

11.7 GETFLUENCE shall not be held responsible for the possible consequences of the unavailability of the SERVICE due to a maintenance or update operation of the SERVICES.

12. Privacy

12.1 The USER shall receive notifications each time an action is required on his part for a step necessary for the operation of his PROFILE on the WEBSITE.

12.2 GETFLUENCE undertakes to do its utmost to ensure the confidentiality of the information transmitted by the USER as well as the documents produced for its benefit.

12.3 By communicating elements to GETFLUENCE, the USER authorizes it to make the necessary elements available to its partners in order to benefit from the requested services.

12.4 GETFLUENCE undertakes to ensure that its partners respect the same degree of confidentiality to which it is subject.

13. Securing Access to SERVICES

13.1 Access to the SERVICES is secured by a password assigned to the USER who undertakes to keep it secret.

13.2 The USER assumes full responsibility for the security information provided to him. He is responsible for their confidentiality. They can only be changed at his request.

13.3 The USER who loses his identifiers shall immediately inform GETFLUENCE.

13.4 The USER assumes responsibility for the protection of the equipment allowing him to access the WEBSITE, ensuring the preservation of his data against any malicious attack.

14. Payment and Security of Transactions

14.1 Transactions and their security are ensured by the online payment systems PAYPAL and STRIPE. The USER can also pay by bank transfer. During the registration process, the USER is invited to read GETFLUENCE’s general terms and conditions of sale (or GTC), which include, in particular, certification processes that may be triggered depending on the amount of the transactions carried out, and has accepted them in accordance with Article 9 herein. 

14.2 The confidential data (the 16-digit credit card number, the expiry date and the CVV code) are directly transmitted encrypted on the SERVER of the payment solution selected by the USER; GETFLUENCE does not have access to these data.

15. General Obligations of USERS

15.1 USERS represent and warrant that all information provided when creating an account is accurate and current in all material respects as of the date it is provided or, if applicable, as of the date it relates to.

15.2 The USER declares that he/she legitimately holds all the rights relating to the information and documents provided to GETFLUENCE.

15.3 By subscribing to GETFLUENCE’s SERVICES, the USER agrees to:

• respect the laws and regulations in force;
• not to use the WEBSITE for illegal or abusive purposes, or to behave unfairly;
• respect the intellectual property rights relating to the content provided by GETFLUENCE and the USERS on the WEBSITE;
• provide only accurate and truthful information regarding their civil status and personal details;
• comply with the legal conditions related to the production and distribution of SPONSORED CONTENT. GETFLUENCE shall not be held responsible for non-compliance with the laws in force, which are the responsibility of each EDITOR.

15.4 Any violation of the conditions of access to the WEBSITE and/or its conditions of sale and use may result in the suspension or closure of the USER’s account.

15.5 The USERS acknowledge that they have benefited from an initial connection thanks to GETFLUENCE.

16. Specific Obligations of EDITORS

16.1 Obligations for EDITORS. 

Each EDITOR is obliged to:

• Retain the SPONSORED CONTENT under the conditions initially agreed with the ADVERTISER when the order was placed
• Not to move, modify or delete SPONSORED CONTENT during the period of publication agreed with the ADVERTISER, unless the conditions initially agreed with the ADVERTISER allow it
• Not to modify or delete the hypertext link(s) provided in each SPONSORED CONTENT during the period of planned publication, such as the type of link, the attributes of the link, the choice of anchors for these links, unless the conditions initially agreed with the ADVERTISER authorise this.

GETFLUENCE is entitled to demand the immediate reimbursement of the EDITOR’s earnings related to a COLLABORATION not respected by the latter, without any time limit, in case of non-compliance with the obligations.

The EDITOR authorizes GETFLUENCE to deduct directly from the EDITOR’s available or future earnings the amount to be reimbursed related to an unfulfilled COLLABORATION.

Furthermore, in case of default and non-compliance with the conditions, GETFLUENCE reserves the right to suspend and delete the offending EDITOR account and all related data.

16.2 Obligations of EDITORS transferring their websites In case of transfer of a WEBSITE by a EDITOR having carried out COLLABORATIONS, the EDITOR must ensure that the new owner maintains the COLLABORATIONS under the conditions provided for. Otherwise, the EDITOR who has benefited from the COLLABORATIONS must reimburse GETFLUENCE in full for the earnings received in relation to the COLLABORATIONS entered into, and in the first instance by GETFLUENCE withdrawing the amounts to be reimbursed directly from the amount available for withdrawal from its EDITOR account. In the event that the EDITOR refuses or is unable to make a refund, the account of this EDITOR may be deleted by GETFLUENCE, as well as all associated websites, without prior notice and without prejudice to any other claim for damages by GETFLUENCE

17. Evolution of the General Conditions

17.1 GETFLUENCE reserves the right to modify its terms and conditions of sale at any time and without notice.

17.2 The USER is invited to accept these changes before being able to access his PROFILE and the SERVICES offered on the WEBSITE again.

18. Intellectual Property

18.1 The entire content of the WEBSITE including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifs and icons, as well as their formatting, are the exclusive property of GETFLUENCE, with the exception of trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly prohibited, except for agreements within the framework of each COLLABORATION, allowing their exchange between ADVERTISERS and EDITORS. Any other form of use requires written authorization from GETFLUENCE.

18.2 This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.3335-2 and following of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer. In addition, it is recalled that offenders are exposed to the possibility that the owners of the copied content may take legal action against them on these grounds.

19. Account Closure Conditions

19.1 The USER may close his account at any time, without any particular formality, by sending a simple e-mail to support@getfluence.com or from his USER account in settings.

19.2 Closure of an account by the USER shall not prevent payment of the sums due to GETFLUENCE as soon as the event giving rise to GETFLUENCE’s claim arose during the contractual period regularly formalised by acceptance of the general terms and conditions of sale.

19.3 In case of violation of these terms and conditions, GETFLUENCE will have the right to suspend or close the account or to limit its use.

19.4 Subject to the conservation obligations provided for by law or regulation, the closing of the account entails the definitive deletion of the information and documents communicated by the USER.

20. Force Majeure

20.1 In accordance with Article 1218 of the French Civil Code, any breach of any of the obligations of these general terms and conditions of sale caused by a case of force majeure, as recognised and traditionally accepted by the case law of the French Court of Cassation, shall exonerate GETFLUENCE from its liability (force majeure being understood to mean, in particular, an unforeseeable, irresistible event external to the obligation debtor).

20.2 If such an event occurs, GETFLUENCE shall inform the USER by any means as soon as possible.

20.3 The suspension of obligations or delay shall not in any way be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.

21. Applicable Law – Jurisdiction – Dispute Resolution

21.1 The general conditions of sale are subject to French law, to the exclusion of any other legislation.

21.2 All claims must be addressed to GETFLUENCE SAS, at the e-mail address support@getfluence.com or by writing a letter to the address of GETFLUENCE’s head office.

21.3 Disputes or litigation arising from the use of a SERVICE made available to the public by GETFLUENCE must be the subject of an attempt at amicable settlement before any legal proceedings are taken. To this end, within 30 days of the dispute arising, a meeting between the parties to the dispute must be held in a place located within the jurisdiction of the TOULOUSE Court of Appeal. If no agreement is reached within 15 days of this meeting, GETFLUENCE and the natural person or legal entity opposed to it will regain their freedom to take legal action.

21.4 No legal action aimed at engaging GETFLUENCE’s civil liability may be initiated more than one calendar year after the claim has arisen, in accordance with the provisions of article 2254 of the Civil Code. In the event of a dispute arising from the use of a SERVICE made available to the USER, the competent courts are those of the TOULOUSE Court of Appeal.