Terms of Sales

GENERAL CONDITION OF SALE

between the limited liability company SAS DIGIKOO whose commercial name is: DIGITAL CHR, registered with INSEE whose SIRET is 87929282900014 represented by Mr. Alexandre Auger, as manager, duly authorized for the purposes hereof. SAS DIGIKOO is registered with the RCS ST NAZAIRE under number 8792928290. The company can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter DIGITAL CHR referred to as the "seller" or "the customer".

On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company Hereafter, "the Buyer", or "the Customer" On the other hand, It

has been explained and agreed as follows:

PREAMBLE
DIGITAL CHR is a digital service provider in e-reputation, natural referencing, paid referencing on search engines, webmaster, content creator and trainer. DIGITAL CHR markets the internet products of other partners for restaurants, hotels, nightclubs, bars and cafes in France or the European Union. These products are marketed through a sales contact by appointment or via the website https://www.digitalchr.fr. The list and description of the goods and services offered by the company can be consulted on the aforementioned sites.

GLOSSARY :
Consumer: customer of the Customer of the company DIGITAL CHR

Natural referencing or SEO:
- Positioning audit: consists of collecting and analyzing the positions obtained by a website on a number defined in agreement with the Client, search engines and queries. The audit is carried out using one or more monitoring tools. In addition to this audit, DIGITAL CHR provides recommendations that the Customer is free to implement.
SEO technical audit: consists of carrying out an audit of the website structure, pages and content in order to identify breaches of Google's good SEO practices. In addition to this audit, DIGITAL CHR provides corrective recommendations that the client is free to implement.
Definition of strategic keywords: consists of defining the keywords that will then be used for web marketing optimizations. DIGITALCHR defines, in agreement with the Customer, on the contract, the number and the theme of the keywords.
Optimization of the site for natural referencing: consists in optimizing the presence of the site on the main search engines by methods defined jointly with the Client.
Linking: Consists of researching and developing targeted links on directories, thematic sites, blogs, social networks, etc. to strengthen the positioning and optimize the presence of the site on Google.
E-reputation monitoring: Consists of reading the opinions left by the Customer's consumers on various thematic sites such as TripAdvisor and others and monitoring the comments made by them. In the case of a positive opinion, responses are also given to thank the consumers who have eaten or slept at the Customer's. In the case of negative opinions, an answer is also given in agreement with the Customer to know the nature of the event which motivated the consumer to write this opinion on a thematic site.
Social Networks: A dynamic digital social structure made up of people and organizations linked together through free-will social interactions.

SECTION 1:
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.

ART 2: PRODUCTS AND SERVICES
The Products and Services are provided by DIGITAL CHR at the prices in force mentioned on the order form at the time of placing the order, expressed in euros and taking into account the VAT applicable on the day of the order. Any change in the VAT rate by the public authorities may be passed on to the price of the Products and Services. Unless otherwise agreed, the prices appearing in the order are only valid for a maximum period of three (3) months. Unless otherwise agreed, the prices are net, excluding taxes on the basis of the prices communicated to the Customer. Any tax, duty, duty or other service to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the Customer. As compensation for the use of the Product and the Services, the Customer agrees to pay DIGITAL CHR for the initial configuration of the costs (technical costs), plus the monthly costs (monthly payments), identified on the order form. The services or products linked to the partners recommended by DIGITAL CHR are independent and under the total and direct responsibility of the customer because he signs an order form directly with the companies concerned by these digital products. Digital web chr will only be a user of said services as part of the exercise of e-reputation monitoring.
2.1 Method of payment of monthly installments
The Customer undertakes to sign and submit to DIGITAL CHR a duly completed, dated and signed SEPA direct debit mandate, accompanied by the bank account statement at the time of the conclusion of this contract. The Customer can also make an automatic transfer each month. Otherwise, the contract may be automatically terminated by DIGITAL CHR.
2.2 Methods of payment of technical costs Technical costs are due and payable upon signature of the order form.

2.3 Refusal of direct debit and non-payment
DIGITAL CHR reserves the right to suspend or stop the services provided to the Customer in the event of refusal to debit or non-payment of invoices. Similarly, in the event of late payment, DIGITAL CHR may suspend all orders in progress, without prejudice to any other course of action. Any amount not paid on the due date appearing on the invoice automatically entails, from the day following the payment date indicated on the said invoice, without any reminder being necessary, the application of penalties of an amount equal to the maximum rate authorized by paragraph 12 of article L441-6 of the commercial code as well as the regulatory amount of the fixed compensation for recovery costs due to DIGITAL CHR in the event that the sums due are paid after this date. These penalties will be payable upon simple request from DIGITAL CHR. In the event of non-payment, forty-eight (48) hours after a formal notice has remained unsuccessful, the sale will be terminated automatically if DIGITAL CHR sees fit, who may request, in summary proceedings, the return of the Products, without prejudice to all other damages. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether their payment is due or not. Similarly, when the payment is staggered, the non-payment of a single installment will result in the immediate payment of the entire debt, without formal notice. The Client must reimburse all the costs incurred by the contentious recovery of the sums due, including the fees of counsel and legal officers. Under no circumstances may payments be suspended or subject to any compensation whatsoever without the prior written consent of DIGITAL CHR.
2.4 Information
If there is a change in the Customer's information, the Customer must immediately inform DIGITAL CHR in writing and ensure that there is no interruption of the payments of the monthly installments due to DIGITAL CHR.

ART 3: RETENTION OF OWNERSHIP CLAUSE
The products remain the property of DIGITAL CHR whatever its nature even if the Customer pays the subscription to the seller as the contract provides. The law on intellectual property applies within the framework of this agreement between the Customer and the seller.

ART 4: DURATION
Unless otherwise stated, this contract is concluded for a period of 1 year or 2 years or 3 years depending on the selection made on this quote attached to these GCS, from the posting of the 1st product ordered by the customer. This contract is renewed by tacit agreement. At least 20 days before the expiry of the contract, DIGITAL CHR will inform the customer of the tacit renewal of this contract. After this period, the contract continues until termination, whatever the cause. The subscription and the payment of the first invoice implies unreserved acceptance of these general conditions of sale.

ART 5: TERMINATION
Unless otherwise stated, the customer may terminate his e-reputation and referencing subscription by informing DIGITAL CHR by registered letter with acknowledgment of receipt notified no later than one month before the annual term to DIGITAL CHR 19 RUE DE PORNIC 44320 ST PERE EN RETZ, France .

Upon termination of the contract, the customer acknowledges not continuing to use or distribute the tools, content (photos, text, video, links, etc.) set up by DIGITAL CHR on its own communication media (website, Facebook , video screen and any other medium used by the customer), or any other website and web tools made by DIGITAL CHR.
In the event of termination, the entire contract remains due pro rata temporis to the duration of the contract remaining over 12, 24 or 36 months.

ART 6: INVOICING
The invoicing of this service is done as soon as the order form is signed. The CUSTOMER then has a maximum period of 15 days to pay his invoice to the company DIGITAL CHR, In order to avoid any costly reminders, a direct debit bank system is imposed on the CUSTOMER to facilitate the management of invoicing. and payment. A SEPA mandate must be signed by the CLIENT.

ART 6: AUTHORIZATION OF VIDEO & PHOTO CAPTURE – IMAGE RIGHTS
The Customer expressly mandates and authorizes DIGITAL CHR to capture, film, record and exploit, without limitation in number, together or separately, in whole or in part, on all media, in any place, private or bringing together the public, by any mode. broadcasting and multi-broadcasting of image and/or sound, television and radio broadcasting, on any network (free, paid, by subscription) and for any publication, reproduction or representation, the image of the establishment and of all elements necessary for its identification (sign, name, brand, etc.). with one of its partners.
DIGITAL CHR will be the user of the video clip or photos taken on the Customer's premises. The partner remains the holder of all the intellectual property rights relating to the video and the creation of the website as well as its content. Consequently, the Customer cannot under any circumstances sell the video, the photos, or the website produced.
The partner who has validated the contract acknowledges the Customer's right to use the video, photos, website for commercial purposes (public relations or potential customers) by installing a direct link between the website of the Customer and the video produced, and this for the duration of the contract between the Customer and DIGITAL CHR. For the entire duration of this contract, DIGITAL CHR will be entitled to distribute the video, the website, the photos taken at the Customer's, to all the companies of which it is a partner. Media content will also be used on social networks & search engines.
The Customer expressly acknowledges that this authorization is granted on an exclusive basis for the benefit of DIGITAL CHR or any company which would substitute it within the framework of the execution of the contract, and this in order to allow the peaceful enjoyment of the exploitation of the video, the photos, websites and its promotional derivatives.
The Customer undertakes not to establish a partnership for the distribution of his video produced by the subcontractor of DIGITAL CHR with other companies competing with the partner.

ART 7: CREATION OF WEBSITES

DIGITAL CHR undertakes to develop, on its own computers and software, the website or the elements, Internet components described in the estimate or the commercial proposal. The acceptance of the quote by the CLIENT means to DIGITAL CHR the agreement and the good understanding of the CLIENT on the services and the development appearing in the quote.

7.1: Obligations and responsibilities of DIGITAL CHR
DIGITAL CHR undertakes to make its best efforts to create a quality website retracing the atmosphere of the CLIENT and to comply with the indications provided by the CLIENT.
The CUSTOMER nevertheless expressly acknowledges that this is an obligation of means. DIGITAL CHR can in no way be held to an obligation of result in this respect. In particular, DIGITAL CHR cannot be held responsible for events beyond its control making it impossible to create the website. DIGITAL CHR cannot be held responsible for the loss of quality of the website in the event of elements beyond its control and in particular relating to the low quality of the elements transmitted by the CLIENT. DIGITAL CHR will be entitled to temporarily or permanently interrupt the production of the website in the event of technical impossibility and in the event of a risk of violation of the intellectual property rights held by third parties to the contract.

7.2: Obligations, responsibilities and guarantee of the Client
The CUSTOMER undertakes to entrust DIGITAL CHR exclusively with the creation and operation of the website. For an optimal realization of the website, the CUSTOMER undertakes to cooperate with DIGITAL CHR and to communicate to it within the framework of this service the maximum of elements (editable pdf menus, HD logos, HD photos 1000 px wide, elements visuals, pdf elements to integrate, articles, links to integrate).
The CUSTOMER is responsible for the elements transmitted to DIGITAL CHR and declares to be the owner of all the intellectual property rights relating to the elements, distinctive signs and images that may appear on the website. The CUSTOMER guarantees DIGITAL CHR that he has the intellectual property of all the elements, distinctive signs and other images and more generally of any intellectual property of elements integrated into the website. It also guarantees DIGITAL CHR of any trouble or claim or eviction in the exploitation of the intellectual property rights of the elements integrated into the website so that DIGITAL CHR is in no way worried in any direct or indirect way under the exploitation of said rights. If the CUSTOMER chooses specific music, he must prove that he owns the 2 rights to this music (publisher and author). In the absence of justification, DIGITAL CHR, without prejudice to its CLIENT, will refuse to use the chosen piece.

7.3: Validation and delivery of the website: At the end of the creation, DIGITAL CHR submits the completed website to the CLIENT for validation. To do so, DIGITAL CHR sends an email to the CUSTOMER containing a link to the website created. The CUSTOMER verifies the technical quality of the website. In the event of non-technical validation of the website, the CLIENT must expressly justify this refusal, provide any justification as to the reality of the defects or anomalies observed and inform DIGITAL CHR within three (3) days after receipt of the email. of confirmation. The CUSTOMER must allow DIGITAL CHR every facility to proceed with the observation of these defects and to remedy them. It will imperatively abstain from intervening itself or having a third party intervene for this purpose. In the event of a justified refusal, DIGITAL CHR undertakes to redo the website once (1). Any dispute relating to elements other than technical will be rejected. The CUSTOMER informs DIGITAL CHR of the validation of the website as soon as possible and by all means. IMPORTANT: In the absence of a response from the CLIENT 15 days after sending the validation email, the latter will be deemed to have validated the website. Following the CLIENT's validation, DIGITAL CHR puts the website online. The delivery of the website is only carried out according to availability and in the order of arrival of the orders. The delivery times are indicated as exactly as possible but remain dependent on the possibilities of realization of DIGITAL CHR France. Exceeding delivery times cannot give rise to damages, withholding or cancellation of orders in progress. However, if three (3) months after the indicative date of delivery of the Product and/or Services, the goods have not been delivered, for any reason other than a case of force majeure, the sale may then be resolved at the request of either party. In this case, the CUSTOMER may obtain reimbursement of the sums incurred, to the exclusion of any other indemnity or damages. Are considered as cases of force
major releasing DIGITAL CHR from its obligation to deliver: war, riot, fire, strikes, accidents, the impossibility for itself to be supplied. DIGITAL CHR will keep the CUSTOMER informed, in a timely manner, of the cases and events listed above. In any event, delivery on time can only occur if the CUSTOMER is up to date with its obligations to DIGITAL CHR, whatever the cause.

7.4: Scope of services:
(a) Domain name – DIGITAL CHR only acts as a technical intermediary with naming organizations for the reservation of domain names, it is therefore necessary to take into account the general conditions of sale of these organizations. The CUSTOMER remains the sole owner of the domain name. He acknowledges using the domain name in accordance with the legislation in force and the rights of third parties. The CUSTOMER undertakes to indemnify, defend and release DIGITAL CHR from all liability against any recourse, damages, liabilities, costs and expenses arising from the registration of the domain name. The renewal of this domain name is the responsibility of the customer, who must renew it without DIGITAL CHR assuming the obligation.
(b) Hosting – The CLIENT's website will be hosted on its behalf by DIGITAL CHR with its suppliers. The allocated Internet space is guaranteed to be ad-free. DIGITAL CHR will not be held responsible for the interruption of service due to suppliers. Accommodation services are valid for one or two years, and renewable by tacit agreement. Due to the characteristics and
limits of the Internet that the CUSTOMER declares to be fully aware of, DIGITAL CHR cannot be held responsible in particular for:
– difficulties in accessing the hosted system due to the saturation of the Internet network,
disruption of the telecommunications network and the influx of Internet users at certain times.
– the performance and response time limits for consulting, querying or transferring data, contamination by data viruses and/or CLIENT software, the protection of which is the responsibility of the CLIENT.
– malicious intrusions by third parties on the hosted sites, despite the reasonable security measures put in place by DIGITAL CHR and its suppliers.
– any damage suffered by the CLIENT's equipment, which is the sole and entire responsibility of the latter, any misappropriation by third parties and through the fault of the CLIENT of passwords, confidential codes, and more generally of any sensitive information for the CLIENT.
(c) Content management back-office – the CLIENT may be granted access to a
site manager to update his website. DIGITAL CHR undertakes to promote this update by the CUSTOMER under the best possible technical conditions, it being understood that DIGITAL CHR's obligation is an obligation of means. It is up to the CUSTOMER to ensure that all technical modifications or developments that he may consider making on his website by any means other than the DIGITAL CHR services, are possible and compatible with the technical characteristics of the developments made by DIGITAL CHR. Any modification of the site by the CLIENT does not entail any transfer of ownership to the CLIENT of the computer codes and services produced by DIGITAL CHR. The codes and passwords necessary for manager access will be transmitted by DIGITAL CHR to the CLIENT when the website is published.
(d) Email – DIGITAL CHR offers as part of its services to provide email (electronic mail). The CUSTOMER acknowledges being fully responsible for the content of the emails he sends and undertakes to comply with the legal conditions of use of email services. DIGITAL CHR cannot be held responsible for any malfunction of the mailbox service as soon as it is set up.
(e) Referencing – DIGITAL CHR undertakes to use referencing techniques but does not guarantee the result of WEBSITE referencing in search engines.
DIGITAL CHR is therefore only bound by an obligation of means.
(f) Copyrights and Trademarks
Unless expressly stated otherwise by the CLIENT, DIGITAL CHR reserves the right to include in the production a commercial statement clearly indicating its contribution, in the form of a statement of the type: Graphic creation www,digitalwebchr.fr when it concerns services of graphic creation.

7.1 Obligations and responsibilities of DIGITAL CHR
For the mission of referencing or reputation on the internet, DIGITAL CHR undertakes to comply with the orientations desired by the Client. DIGITAL CHR selects and offers its Customer a selection of digital partners who offer products in line with its catering or hotel business or from the world of the leisure and tourism profession. These partners being agreed as independent, are free to invoice and to establish their own general conditions of sale which the customer has the obligation to read when signing the order form presented by DIGITAL CHR. DIGITAL CHR cannot be held responsible in the event of failure of one of the services or products sold by the partners. DIGITAL CHR undertakes to make its best efforts to produce quality content on the sites expressed by Google on the first search page in terms of the texts and answers given to the Customer's consumers and to comply with the indications provided by the Customer. The Client nevertheless expressly acknowledges that this is an obligation of means. DIGITAL CHR can in no way be held to an obligation of result in this respect. In particular, DIGITAL CHR cannot be held responsible for events beyond its control making it impossible to carry out a photo session, video or e-reputation monitoring (internet outage, temporary server outage, bad weather, work , or unforeseen events within the Customer's establishment).
DIGITAL CHR cannot be held responsible for the loss of quality of the photos, or videos in the event of elements provided by the Customer or third parties at his will and in particular relating to the low intensity of the lighting within the establishment of the Client and the configuration of the premises.
DIGITAL CHR will be entitled to temporarily or permanently interrupt the reputation watch, the photos, or the video in the event of a situation presenting a potential risk for the partners and/or their equipment, in the event of technical impossibility and in the event of a risk of violation of the intellectual property rights held by third parties to the contract.
Once the video or photos have been produced, DIGITAL CHR undertakes to implement or transmit these tools so that the Customer can use them for commercial and communication purposes.

7.2 Obligations, responsibilities and guarantee of the Client
The Customer undertakes to entrust DIGITAL CHR exclusively with the production and operation of its e-reputation monitoring, website, photos, or videos or any other digital services related to the seller's activity.
For an optimal fulfillment of the order, the Customer undertakes to cooperate with DIGITAL CHR and to communicate to it within the framework of this service the maximum number of elements (editable pdf menus, HD logos, HD photos 1000 px wide, visual elements , pdf elements to integrate, articles, links to integrate).
The Customer is responsible for the elements transmitted to DIGITAL CHR and declares to be the owner of all the intellectual property rights relating to the elements, distinctive signs and images that may appear on the video clip.
The Customer guarantees DIGITAL CHR that he has the intellectual property of all the elements, distinctive signs and other images and more generally of any intellectual property of elements filmed in the video.
It also guarantees DIGITAL CHR of any trouble or claim or eviction in the exploitation of the intellectual property rights of the elements filmed in the video so that DIGITAL CHR is in no way worried in any direct or indirect way in respect of the exploitation of said rights.
e payment, without the clauses conferring jurisdiction that may exist on the Client's documents being able to prevent the application of this clause.

ART 8: NATURAL REFERENCING & E-REPUTATION
DIGITAL CHR undertakes to develop, on its own computers and software, the visibility of the Customer on the main search engine: Google as well as the elements, Internet components described in the estimate or the commercial proposal. The acceptance of the estimate by the CLIENT means to DIGITAL CHR the agreement and the good understanding of the CLIENT on the services and the development appearing in the estimate. The client may request positioning results on search engines,
8.1: Obligations and responsibilities of DIGITAL CHR
DIGITAL CHR undertakes to make its best efforts to carry out reputation monitoring and/or quality natural referencing tracing the comments left by the CLIENT's consumer and to comply with the indications provided by the CLIENT.
The CUSTOMER nevertheless expressly acknowledges that this is an obligation of means. DIGITAL CHR can in no way be held to an obligation of result in this respect. In particular, DIGITAL CHR cannot be held responsible for events beyond its control making it impossible to carry out natural referencing or reputation monitoring. DIGITAL CHR cannot be held responsible for the loss of quality of the internet connection of its offices, or the failure of Google, thematic sites, blogs or any other web tools independent of DIGITAL CHR if the case were to arise. DIGITAL CHR will be entitled to temporarily or permanently interrupt the production of the website in the event of technical impossibility and in the event of a risk of violation of the intellectual property rights held by third parties to the contract.

8.2: Obligations, responsibilities and guarantee of the Customer
The CUSTOMER undertakes to entrust exclusively to DIGITAL CHR the creation and operation of its e-reputation monitoring and/or its natural referencing. For an optimal realization of the mission, the CUSTOMER undertakes to cooperate with DIGITAL CHR and to communicate to it within the framework of this service the maximum of elements (editable pdf menus, HD logos, HD photos 1000 px wide, elements visuals, pdf elements to integrate, articles, links to integrate).
The CUSTOMER is responsible for the elements transmitted to DIGITAL CHR and declares to be the owner of all the intellectual property rights relating to the elements, distinctive signs and images that may appear on the website. The CUSTOMER guarantees DIGITAL CHR that he has the intellectual property of all the elements, distinctive signs and other images and more generally of any intellectual property of elements integrated into the website. It also guarantees DIGITAL CHR of any trouble or claim or eviction in the exploitation of the intellectual property rights of the elements integrated into the website so that DIGITAL CHR is in no way worried in any direct or indirect way under the exploitation of said rights. If the CUSTOMER chooses specific music, he must prove that he owns the 2 rights to this music (publisher and author). In the absence of justification, DIGITAL CHR, without prejudice to its CLIENT, will refuse to use the chosen piece.

8.3: Validation and delivery of natural referencing & e-reputation monitoring:
At the end of the e-reputation and/or referencing mission, DIGITAL CHR submits the results obtained to the CLIENT.
To do this, DIGITAL CHR sends an e-mail to the CLIENT containing a link to the work carried out or invites the latter to look at the attachment which traces the results of the work carried out. The CLIENT verifies the technical quality of the results. In the event of non-technical validation of the results, the CLIENT must expressly justify this refusal, provide any justification as to the reality of the defects or anomalies observed and inform DIGITAL CHR within three (3) days after receipt of the email from validation. The CUSTOMER must allow DIGITAL CHR every facility to proceed with the observation of these defects and to remedy them. It will imperatively abstain from intervening itself or having a third party intervene for this purpose. In the event of a justified refusal, Digital web chr undertakes to redo the website once (1). Any dispute relating to elements other than technical will be rejected. The CUSTOMER informs DIGITAL CHR of the validation of the website as soon as possible and by any means. IMPORTANT: In the absence of a response from the CLIENT 15 days after sending the validation email, the latter will be deemed to have validated the natural referencing and e-reputation monitoring work. The execution of the natural referencing and e-reputation monitoring mission is only carried out according to availability and in the order of arrival of orders. The delivery times are indicated as exactly as possible but remain dependent on the possibilities of realization of DIGITAL CHR.
Exceeding delivery times cannot give rise to damages, withholding or cancellation of orders in progress. However, if three (3) months after the indicative delivery date of the Product and/or Services, the digital product has not been delivered, for any reason other than a case of force majeure, the sale may then be resolved at the request of either party. In this case, the CUSTOMER may obtain reimbursement of the sums incurred, to the exclusion of any other indemnity or damages. Are considered as force majeure releasing DIGITAL CHR from its obligation to deliver: war, riot, fire, strikes, accidents, the impossibility for itself to be supplied. DIGITAL CHR will keep the CUSTOMER informed, in a timely manner, of the cases and events listed above. In any event, delivery on time can only occur if the CUSTOMER is up to date with its obligations towards DIGITAL CHR, whatever the cause.

8.4: Scope of natural or paid referencing services:

(a) Thematic sites – DIGITAL CHR only acting as a technical intermediary with directories or organizations such as TripAdvisor.com, Restovisio.com, Michelin.fr, Maville.com, Google, or others not mentioned here for the brand reputation, it is therefore necessary to take into account the general conditions of use of the services of these organizations.
The CUSTOMER must understand that he is not the owner of what is quoted or exploited on the consumer opinion sites. He acknowledges being in compliance with the legislation in force and the rights of third parties related to his appearance on these thematic sites. The CUSTOMER undertakes to hold DIGITAL CHR harmless against any recourse, damages, liabilities, costs and expenses, arising from its appearance on a thematic site or on one/or comment(s) that are offensive, negative(s) or any nature(s) whatsoever.

(b) Blogs/media – The SEO mission is also carried out on blogs of amateurs or professionals with high traffic, credibility and competent authority in the field of restaurants and hotels, bars, and from the disco. The Internet space allocated by these blogs is an exchange of links or linking that the customer expressly agrees to put forward in turn on his website. This space on the blogs can also be an article written in the form of a journalistic report on the Client's establishment. As normal it is guaranteed without competing advertising but in the event that a competitor should appear by mistake on the same blog, DIGITAL CHR cannot be responsible for the choice of the owner of the blog. Also note that DIGITAL CHR will not be held responsible for the interruption of service due to blogs. Each blog is an independent entity and moreover the decisions of the exploitation of these are not subject to the hierarchical authority of DIGITAL CHR.

(c) Social networks – the CUSTOMER is granted access to one or more social networks to publish photos, texts and videos as he sees fit since he owns his access to Facebook, twitter, or instagram .
The content published by the Customer is verified by DIGITAL CHR and subject to spelling corrections, SEO rules and verification of the quality of the network of friends contained in each account in order to promote greater traffic on these networks and on the customer's website. The Customer declares to delegate this task to an employee of his establishment in the event that he is unable to produce it himself. The Customer declares to use his own equipment for this, in particular a smartphone or tablet such as Iphone or Android connected to at least 3G or wifi to publish the photos from the application. The Facebook or twitter or instagram application is free and available on the stores of mobile manufacturers. DIGITAL CHR cannot guarantee the Customer the proper functioning of these applications. DIGITAL CHR will provide support and advice on the use of these social networks in order to develop the number of "likes" and the audience of the "fan" page.

(d) Search engine – DIGITAL CHR undertakes to promote the appearance of the “business by google account” product on Google under the best possible technical conditions, it being understood that DIGITAL CHR's obligation is an obligation of means. Free Google products will be favored for the promotion of the Customer and the realization of natural referencing. However, on the advice of DIGITAL CHR, the customer may set up paid advertising campaigns (Facebook advertising, adwords, etc.). Each campaign is determined by keywords and a budget per day which will be the sole responsibility of the Customer. The fees collected by DIGITAL CHR do not cover its additional advertising costs over the duration of this contract specified in the order form signed by the parties.

It is up to the CUSTOMER to ensure that all the modifications or technical developments that he may consider making to these advertising agencies or by any means other than the DIGITAL CHR services, are possible and compatible with the advice provided by DIGITAL CHR. Any modification of the advertising campaigns by the CUSTOMER himself does not entail the responsibility of DIGITAL CHR. The codes and passwords necessary for manager access to paid advertising accounts will be sent by DIGITAL CHR to the CLIENT when the website is published.

(d) Email & Newsletter – DIGITAL CHR offers in its services to provide emails (electronic mail) to send information to its consumers.
After validation of the content by the Customer, the latter acknowledges being fully responsible for the content of the emails he sends and undertakes to comply with the legal conditions of use of email services. Digital web chr cannot be held responsible for any malfunction of the mailbox service as soon as it is set up. The service being an independent company, it cannot obey on the orders of DIGITAL CHR,

(e) Dissemination – DIGITAL CHR undertakes to use the dissemination techniques offered by its webmarketing software supplier for Customer subscribers to relaunch them when it wishes on the occasion of events (Valentine's Day, Christmas mothers, father's parties.),. but does not guarantee the results of returns from its emailing campaigns in consumers' mailboxes. DIGITAL CHR is therefore only bound by an obligation of means.

ART 9: OWNERSHIP
9.1 The CLIENT acknowledges and accepts that the Services and Products provided by DIGITAL CHR, with the exception of the content provided by the CLIENT, are the exclusive property of DIGITAL CHR. The CLIENT expressly acknowledges that DIGITAL CHR retains the exclusive intellectual property rights over the Products and Services offered for sale by the company DIGITAL CHR, the latter simply granting a non-exclusive, non-transferable license to the CLIENT to use the Products and Services in accordance with the terms of the order form and these GCS. Production files and sources remain the property of DIGITAL CHR only the finished product will be sent to the CLIENT. DIGITAL CHR remains the owner of its creations according to articles 111-1 and 111-2 of the intellectual property code. The CLIENT declares to have ensured the rights necessary for literary and artistic property, image rights in all their forms, humanist rights of property to the natural and legal person, industrial properties, etc. All photographs, texts , slogans, drawings, images, animated sequences with or without sound as well as all works integrated into a communication project created by DIGITAL CHR remain its property. Any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of a creation, without having obtained prior authorization is strictly prohibited and constitutes an offense of counterfeiting. The CUSTOMER, represented by the signatory of this order, acknowledges and assumes full and entire responsibility for the choices made in terms of textual and iconographic content appearing in the work delivered by DIGITAL CHR. The CUSTOMER, represented by the signatory of this order, acknowledges having read the warnings issued by the legal representatives of the company DIGITAL CHR, concerning copyright and intellectual property laws, and the penalties that may be incurred under of their violation. Any text provided by the CUSTOMER must first be proofread and corrected by the CUSTOMER, no modification or spelling error will be corrected by DIGITAL CHR. The source codes, in particular for dynamic websites, remain the property of DIGITAL CHR, which grants their use to the CLIENT, who cannot sell them for another site without the written authorization of DIGITAL CHR. Any study, report, information, estimate, specifications, for consideration or free of charge, carried out by DIGITAL CHR with the aim of providing services to the CLIENT, remains the exclusive property of DIGITAL CHR. The CUSTOMER undertakes not to transmit them. Unless explicitly stated otherwise by the CUSTOMER, notified by letter with acknowledgment of receipt, DIGITAL CHR reserves the right to mention its creation for the CUSTOMER as a reference in the context of its commercial prospecting, external communication and advertising efforts. The CUSTOMER, represented by the signatory of this order, authorizes DIGITAL CHR, through its legal and commercial representatives, to use, for purely demonstrative purposes, the realization of the tools concerning it. This authorization extends more particularly to the constituent elements of the production, including without restriction the public presentation of the following content: textual content, iconographic content.

ART 10: DIGITAL TRAINING: INTERNET OR WEB COMMUNICATION
DIGITAL CHR also offers intra-company training in addition to the internet services that the company markets. All requests for training from the CLIENT will be the subject of a file sent to the joint collecting body (OPCA), Funding by an OPCA is made possible from the moment the CLIENT has paid its annual contribution and he has not already used his annual limit granted by the OPCA. Any breach of the compulsory social payment of the annual contribution cannot be blamed on DIGITAL CHR in the event of refusal by the OPCO. An acceptance of financing by an OPCA is not an obligation and is not due as explained by the labor code. Upon acceptance of the file submitted by the CLIENT and DIGITAL CHR, this opens a right to partial or total financing of 1 to 4 days of training at the CLIENT (intra-company). The funding decision is not the responsibility of DIGITAL CHR. These trainings are not about IT or the use of software or software packages. They are intended to make the CUSTOMER more autonomous in internet or web communication. This link indicates the catalog of training offered by DIGITAL CHR: https://digitalchr.fr/formations-digitales-chr-restaurants

ART 11: USE OF WEBSITE MANAGEMENT SOFTWARE (Administrator area)
To access and use the administrator space of its website by DIGITAL CHR, the CUSTOMER is required to register and accept the exclusive terms and conditions of DIGITAL CHR which govern the DIGITAL CHR administrator space.

ART 12: JURISDICTION AND DISPUTES
These T&Cs are governed by French law. In the event of a dispute relating to the interpretation or execution of their agreements, the parties will seek, before any legal action, an amicable agreement and will communicate to each other all the necessary information for this purpose. In the absence of an amicable settlement of the dispute within a maximum period of three (3) months, the courts within the jurisdiction of Nantes and the Rennes Court of Appeal. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the mode and terms of payment, without the jurisdiction clauses that may exist on the documents CUSTOMERS may obstruct the application of this clause.

ART 13: NULLITY AND MODIFICATION OF THIS AGREEMENT
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

ART 14: PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the DIGITAL CHR processing manager by RAR letter. We carry out on all of our sites a follow-up of the frequentation with our numerical tools.

ART 15: LIMITATION CLAUSE AND LIABILITY
A clause limiting the Seller's liability for the performance of the service(s) at 100 euros is stipulated.

ART 16: APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
SAS DIGIKOO 19 RUE DE PORNIC 44320 SAINT PÈRE EN RETZ.

SIGNATURE: "READ AND APPROVED"