The present Technical and Financial Conditions (hereinafter the "TFC") supplementing the General Terms and Conditions of Use and Sale (hereinafter the "General Terms") aim to define the technical and financial conditions of access and use of the website www.webpublication.co.uk (hereinafter the "Site") and online services, notably the WEBPUBLICATION Solution and Digital Tools offered by NETINTERACTIVE as defined in the General Terms. Customers and/or Users declare being aware of the General Terms. Definitions stipulated in Articles 1 and 2 of the General Terms apply to these TFC.
To access and use the online services offered by NETINTERACTIVE, especially the WEBPUBLICATION Solution and Digital Tools, Customers and Users must have at minimum the following installations:
When delivering a Master to the Client, NETINTERACTIVE grants the Client only a simple license to use the Master within the limits set herein worldwide for the duration of the rights. This simple license to use does not confer the Client the right to access, replicate, modify, distribute, incorporate, or perform any other action on all or part of the Webpublication and Webpublication Application software contained in the Master.
To access and use the online services offered by NETINTERACTIVE, especially the WEBPUBLICATION Solution and Digital Tools, the Customer may go through our on-demand offer or opt for one of our subscription offers.
The Client must purchase a certain number of credits allowing the creation of Digital Tools (hereinafter the "Credits"). The credits purchased by the Client are not refundable but are valid for a period of one (1) year. The client can at any time buy online or on request to one of our salespeople new credits.
Customers can purchase credits according to our current Rates available on our website.
The Client subscribes to one of our three (3) offers (Gold, Silver, or Bronze) for a duration of twelve (12) months, tacitly renewable on each anniversary date of the commitment period, for successive periods of twelve (12) months.
Either Party may notify the other of its intention not to renew the Contract by registered letter sent at least one (1) month before the end of the commitment period. Each offer contains a pack of credits and options. These offers are detailed in our current Rates accessible on our website.
On each anniversary date of the commitment period, the account is reloaded with the number of credits of the subscribed offer. The remaining subscribed credits are carry-forward from one year to another.
The client can change the license offer downward on the anniversary date. If there are remaining credits, these credits will be transferred to the new license subscribed. The client can at any time buy online or on request to one of our salespeople new credits.
Each Digital Tool corresponds to a cost in Credit according to the following scale:
A Simple or Enriched Digital Publication can be updated during the duration of its hosting, as long as these modifications are limited to updates.
Considered as updates are corrections of prices, texts, images, etc. not exceeding 10% of the original content.
No longer considered as a modification is the uploading of a new version of its publication such as:
The 2023 annual report is not an update of the 2022 annual report. The February magazine is not an update of the January magazine.
Exceeding these 10% content variations, it will cost you:
The master of a Simple or Enriched Digital Publication is offered.
You can download again the master of your publication after each modification of the latter (if the modifications do not exceed 10% of the original content).
Beyond the 10% modifications, your Publication will be considered as a new Digital Publication, it will cost you:
Credits are debited at the time of publication of the Digital Tool or at the time of loading its Master by the Client and/or user. The Client can consult his credit balance at any time within his Private Space.
Publisher: this site is published by NETINTERACTIVE LTD, a limited liability company whose address is 258 Les Bureaux de la Colline - 92210 Saint Cloud - Phone: +44 (0)203 286 7919 - info@webpublication.co.uk - Registered in England and Wales - Registration number 7094021 – VAT Reg. No. 983145306 (hereinafter "the Company" or "NETINTERACTIVE").
The WEBPUBLICATION website is available in English at www. webpublication.co.uk. Director of publication: Christopher Pourtale - Hosting: this site is hosted by OVH 2 rue Kellermann - 59100 Roubaix - France - RCS Lille Métropole 424 761 419 00045 - Data protection: for more information on NETINTERACTIVE's privacy and data protection policy, please consult the Privacy and Data Protection Policy (articles 9 to 14 of these Terms and Conditions of Use and Sale).
The present General Conditions of Use and Sale (hereinafter the "General Conditions") of the website www.webpublication.co.uk (hereinafter the "Site") aim to define the conditions of access and use of the Site and the online services offered by the company NETINTERACTIVE defined below.
NETINTERACTIVE offers clients, professionals exclusively, to subscribe to a commercial offer of services allowing them to access and use a SAAS (software as a service) solution developed by NETINTERACTIVE (hereinafter "the WEBPUBLICATION Solution") which allows the client:
The digital publication service allows the Client and/or the user through his Private Space, using the WEBPUBLICATION Solution and WEBPUBLICATION and from a PDF format computer file, to create a HTML format publication (hereinafter "Digital Publication"),
The enriched digital publication service allows the Client and/or the user through his Private Space, using the WEBPUBLICATION Solution and WEBPUBLICATION, and from a computer file in inDesign format, to create an enriched HTML publication (hereinafter "Enriched Digital Publication"). Enriched digital publications allow the integration of functionalities such as title animations, button animations, videos allowed by the inDesign software into an HTML format publication. Enriched Digital Publications also allow the inclusion of images, videos, or any type of digital content from files generated by Adobe's Animate, Photoshop software, or any other software exporting equivalent content mentioned in the CTF.
The multimedia gallery service allows the Client and/or the User through his Private Space, using the WEBPUBLICATION Solution and WEBPUBLICATION, to create an interface for managing computer files, which can be associated with Digital Publications and/or Enriched Digital Publications (hereinafter "Multimedia Gallery").
The Client and/or the User can manage the addition to a Media Gallery of digital publication, enriched digital publications, images, videos, pdf files, office files (word, excel, powerpoint...) and additional HTML pages.
The Client and/or the User may at any time, in the case of a standalone multimedia gallery, add/modify/delete items from their standalone gallery without any credits being deducted.
Digital Publications, Enriched Digital Publications, and Multimedia Galleries can include different options such as:
The Uprez service allows the Client, through their Private Space, using the WEBPUBLICATION Solution, to create an application for managing computer files (hereinafter "Uprez") and for creating enriched and personalized documents.
The Client can manage the addition to Uprez of digital publications, enriched digital publications, images, videos, pdf files, office files (word, excel, powerpoint...) and additional HTML pages. The Client can at any time add/modify/delete items.
Uprez can be connected to the Client's CRM (SalesForce, Hubspot, or any CRM compatible with Zapier.com). Consultation statistics, document sending records are available in their Private Space.
The Uprez user (a sales representative, for example) can, through their Uprez iOS, Windows, or Android application or through a simple web browser, consult the elements made available to them by their management.
The Uprez user can create their own selections "My Selection" of items to send to their client.
They can create their enriched documents by editing an Enriched Publication, they can also combine it with other elements (Images, PDF, video, product sheet...).
The user has their own storage space (2 GB) "My Documents", this space lists their sent commercial proposals. They have access to the opening and reading statistics of the files they have shared: "My Shipments" menu.
With the Uprez iOS, Android, or Windows application as well as on computers equipped with Windows 10, the user can download all contents in offline mode (Enriched Digital Publications, Digital Publications, photos, videos, ppt, xls,...).
Digital Publications, Enriched Digital Publications, and Multimedia Galleries are hosted on the servers of the partner selected by NETINTERACTIVE for the duration defined in the CTF. The partner is OVH at the last update of these. Their general terms of use and/or services are available at the following address: https://us.ovhcloud.com/legal/terms-of-service
The use of the www.webpublication.co.uk site as well as the subscription and use of the WEBPUBLICATION Solution provided by NETINTERACTIVE are subject to these General Conditions. By subscribing and/or using the Site and/or the WEBPUBLICATION Solution, Customers and/or Users acknowledge having read, understood and accepted without reservation these General Conditions as well as the Technical and Financial Conditions. Likewise, by using the Site and/or subscribing to the WEBPUBLICATION Solution, Clients and Users acknowledge having accepted the privacy and personal data protection policy as well as the Technical and Financial Conditions and, if applicable, the quotes and/or
purchase orders. NETINTERACTIVE can at any time, modify and update these General Conditions as well as the Privacy Policy and Personal Data Protection as well as the Technical and Financial Conditions. The General Terms of Use and the Privacy Policy and Personal Data Protection in force at the time of use of the Site and/or subscription to the WEBPUBLICATION Solution and the use and/or creation of a Digital Tool are those which are enforceable against the User. The Client acknowledges having been informed that the WEBPUBLICATION Solution is intended exclusively for professionals. The Client acknowledges having detailed knowledge of the technical and functional specifications of the WEBPUBLICATION Solution in particular through the study of the Technical and Financial Conditions communicated during all requests for subscription to the WEBPUBLICATION Solution. The Client has checked on the basis of the above elements
The suitability to their constraints and needs of the WEBPUBLICATION Solution before subscribing to it. The Client acknowledges having been able to make all additional information requests concerning the WEBPUBLICATION Solution, the WEBPUBLICATION Solution and the Digital Tools at the following address: www.webpublication.co.uk/contact
Due to the information provided by NETINTERACTIVE, the analysis carried out by the Client of their needs and resources, as well as the possibility offered to the Client to request from NETINTERACTIVE any additional information concerning the WEBPUBLICATION Solution; the Client acknowledges that the WEBPUBLICATION Solution they intend to use are compatible with the installations, tools, and computer services in their possession on the day of the subscription of the WEBPUBLICATION Solution is in accordance with their needs. No special condition can prevail over these General Conditions except with the express and prior written agreement of NETINTERACTIVE. The fact that NETINTERACTIVE does not assert all or part of these General Conditions and/or the CTF cannot be considered as a waiver of the benefits of these latter. Clients and Users undertake to keep regularly informed of the General Conditions and the CTF in force. Awareness of the version of the General Conditions and the Privacy Policy in force can be done at any time by clicking on the link "General Conditions".
In these General Conditions as well as in the CTF, words or expressions starting with a capital letter, used in the singular or plural, have the definition set out in Article 1 and below:
"WEBPUBLICATION Solution": refers to the services offered by NETINTERACTIVE as described in Article 1.
"User": refers to any natural person designated by the Client to use the WEBPUBLICATION Solution and the Site in accordance with the conditions and limits set out in these General Conditions as well as the Technical and Financial Conditions.
The WEBPUBLICATION Solution is hosted in the Datacenters of the French provider OVH, it is backed up daily to ensure a high level of service and optimal availability: 99.9% of the time, 24 hours a day, 7 days a week. However, NETINTERACTIVE reserves the right to temporarily suspend the operation of the WEBPUBLICATION solution, without notice or compensation, in particular to carry out maintenance or updating operations. In addition, NETINTERACTIVE does not commit to the WEBPUBLICATION solution running without interruption or that third-party sites accessible by hypertext links do not contain viruses. NETINTERACTIVE is not responsible for any possible damage resulting from modifications to the Site or the WEBPUBLICATION Solution, or the temporary or definitive closure of these. NETINTERACTIVE cannot be held responsible in the event that one or more of the Clients and/or Users are unable to access the Site and/or their Private Area and/or the WEBPUBLICATION Solution and Digital Tools due to any technical defect or problem of any kind. The Site aims to present the activities of NETINTERACTIVE and in particular the WEBPUBLICATION Solution, to allow its subscription and access to the Private Area and the WEBPUBLICATION Solution. The company NETINTERACTIVE reserves the right to refuse any Client and/or User access to the Site and/or its Private Area and/or the WEBPUBLICATION Solution if it believes that the latter is making fraudulent use of the Site and/or the WEBPUBLICATION Solution, or if it harms NETINTERACTIVE by whatever action.
In case of a change of host or place of data storage, NETINTERACTIVE commits to warn its Clients 1 month before the migration.
To subscribe to the WEBPUBLICATION Solution on the Site, the Client must first create an account by filling out the form available at https://fr.adminzone-secure.net/react-admin/#/register. The Client must fill in all the fields designated as compulsory with sincere, accurate and complete information. The Client undertakes to provide NETINTERACTIVE with proof of this information at the request of the Company, and to update it regularly. The Client is informed that the communication of any erroneous, incomplete or false information is likely:
The Client buys Credits on demand or subscribes to a Subscription allowing them to perform the services for a given period in accordance with the Technical and Financial Conditions either by:
The price of the 'on Demand' offer or the different 'Subscription' offers is detailed in our current Rates accessible on our website. The 'on Demand' offer is payable in cash by credit card and/or bank transfer and/or direct debit authorization at the time of its subscription in accordance with these General Conditions and the Technical and Pricing Conditions. The annual commitment 'Subscription' offer is payable in cash, or monthly with an additional charge of 10%. These offers are payable by credit card and/or bank transfer and/or direct debit authorization at the time of their subscription in accordance with these General Conditions and the Technical and Pricing Conditions.
Any delay in payment will expose the Client to the payment of the legal recovery indemnity provided for by article L441-6 of the French Commercial Code in addition to the reimbursement of costs incurred higher than the amount of said legal indemnity. In addition, in case of delay, in addition to the aforementioned legal indemnity, the Client is exposed to the payment of possible late payment penalties, without a reminder being necessary.
The WEBPUBLICATION Solution is accessible 99.9% of the time, every day 24/7 without interruption. NETINTERACTIVE may temporarily interrupt access to the WEBPUBLICATION Solution to perform maintenance and or repair work without these interruptions being entitled to compensation.
Access to the WEBPUBLICATION Solution may be suspended due to partners responsible for their hosting; the Client declares having read the general conditions of sale and use of said partners available at the following addresses and is informed that they will not be able to obtain any compensation caused by an interruption and/or suspension and/or degradation of the Services and/or loss of Data resulting from the providers in charge of hosting.
The credits purchased by the Client are not refundable and are valid for a period of (1) years.
The credits subscribed with one of our three (3) offers (Gold, Silver or Bronze) have a lifespan of twelve (12) months tacitly renewable, on each anniversary date of the commitment period, for successive periods of twelve (12) months.
On each anniversary date of the commitment period, the account is recharged with the number of credits of the subscribed offer. The remaining subscribed credits are carried over from one year to the next.
The WEBPUBLICATION Solution can only be used by the Client if they have the equipment and software listed in the Technical and Pricing Conditions. NETINTERACTIVE uses various levels of traffic protection to preserve its infrastructure and the Client's Service.
The use of the Services of The WEBPUBLICATION Solution by the Client may then be limited and/or suspended.
Use of the WEBPUBLICATION Solution
The Digital Tools are created by the Client and/or the Users alone and under their sole responsibility thanks to the WEBPUBLICATION Solution which allows:
NETINTERACTIVE In the context of its Service Provision, NETINTERACTIVE performs its obligations to the best of its abilities, in an expert and diligent manner. To achieve the Service Provision, NETINTERACTIVE is based on the Client's specifications. These specifications are subject to analysis and approval by NETINTERACTIVE or modification by mutual agreement with the Client. Any new request from the Client that is not included in the specifications approved by NETINTERACTIVE, will have to be the subject of an additional Order Form. NETINTERACTIVE undertakes to inform the Client of the progress in the realization of the Service.
The price of the Service Provision is calculated as a flat rate in the Order Form. The price is expressed in euros All Taxes Included (TTC). This price does not include NETINTERACTIVE's possible reasonable expenses due to the execution of the Agency Service on behalf of the Client. These expenses will be reimbursed by the Client, subject to communication of the receipts to the Client. The payment will be made by the Client within thirty (30) days from the realization of the Service object of the invoice. In case of total or partial delay in the payment of fees, a late interest equal to three (3) times the legal interest rate as well as a flat-rate indemnity for recovery costs of forty (40) Euros will be applied, automatically and by right.
NETINTERACTIVE is and remains the exclusive owner of all the components of the Site, in particular the drawings, images, logo and texts, but also the domain name webpublication.co.uk and the trademarks WEBPUBLICATION, UPREZ and NETINTERACTIVE. Each Client and/or User has a personal, non-exclusive and non-transferable right of use and access to the Site and the WEBPUBLICATION Solution. Prior agreement, expressly notified in writing by NETINTERACTIVE, is a prerequisite for the User and/or the Client to any additional right. NETINTERACTIVE reserves the right to modify or add content to the Site at any time.
The data and content used by Clients and/or Users for the creation of Digital Tools hosted on the WEBPUBLICATION Solution or for use in Master mode, are and will remain the property of the Client.
Clients and/or Users declare and guarantee that they hold all the rights, authorizations and licenses necessary for the use of the Data for the creation of Digital Tools, including but not limited to intellectual property rights attached to the content of the Data as well as usage and exploitation licenses attached to the format of the files constituting the Data. Clients and/or Users declare and guarantee that the Data used by them for the creation of Digital Tools do not contain and will never contain personal data as defined by the regulations in force. If a Client and/or a User wishes to use elements that can be considered as personal data as defined by the aforementioned regulations for the creation of Digital Tools; the Client and/or the User undertakes:
to contact NETINTERACTIVE beforehand so that it can determine the technical feasibility of such a request and, if applicable, produce a commercial proposal integrating the costs resulting from the use of personal data.
and, in any case, to take all necessary measures to comply with current legislation in their capacity as data controller of Personal Data.
NETINTERACTIVE and/or its partners in charge of hosting the WEBPUBLICATION Solution and Digital Tools reserve the right to delete any illegal content as well as any content that infringes the property rights of NETINTERACTIVE or third parties, or good morals.
Publications and creations made using the Webpublication solution / reversibility
NETINTERACTIVE grants the Client, for the whole world and for the duration mentioned in these terms and the Technical and Financial Conditions, a right of use and presentation, in accordance with these General Conditions and the Technical and Tariff Conditions, of the creations made by the Client and/or a User through the WEBPUBLICATION Solution. In case of termination of the contractual relations, the Client can download his data as well as the Masters of the Digital Tools (according to the Financial Conditions) or request that they be destroyed. These Masters are made from static HTML and javascript files, allowing the use of it on an HTTP server. The Client may request a quote from NETINTERACTIVE for assistance in installing the said Master. NETINTERACTIVE will not be obliged to maintain and/or repair the Master after their download by the Client. Any content not downloaded at the end of the two-month period will be destroyed by NETINTERACTIVE. NETINTERACTIVE grants the Client the right to use the Master, after termination of the contract, under the conditions specified in the Technical and Tariff Conditions, for the whole world and for the legal duration of the rights attached to the said Masters, for the sole purpose of allowing the initial use of the publication and/or the result of the Service as planned during the duration of the contract. In no case does the limited usage right mentioned in the previous paragraph confer on the Client any rights over all or part of the Webpublication solution, and in particular over all or part of the code composing the software, Webpublication and/or the WEBPUBLICATION Application composing in part the Master.
NETINTERACTIVE, undertakes under the present conditions to make its best efforts to provide the WEBPUBLICATION Solution to the Client and is subject to an obligation of means towards the latter. NETINTERACTIVE cannot be held responsible for any indirect damage, nor for any damage resulting from a possible loss of turnover or activity of the Client.
In case of breach of one of the obligations of these General Conditions or of infringements of laws and regulations by the Client and/or a User, NETINTERACTIVE has the right to:
We commit to providing you with standard support on working days from 9:30 am to 6 pm for the WEBPUBLICATION Solution at no additional cost.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and liberties, known as the "Data Protection Act", the Client has a right of access, rectification, and opposition to their personal data. The Client can prohibit or restrict the dissemination or use of their personal data by notifying NETINTERACTIVE on the webpublication.fr website or by mail to NETINTERACTIVE, 258 Les Bureaux de la Colline - 92210 Saint Cloud. The Client can exercise this right by email to the address support@webpublication.fr
NETINTERACTIVE has been declared to the CNIL (French Data Protection Authority). Personal Data related to its clients is collected by NETINTERACTIVE at the address: https://webpublication.co.uk/. The Client is the data controller of this Data and any Personal Data it might include. The Client is solely responsible for the Personal Data that it includes in the Data it uses for the creation of Digital Tools. NETINTERACTIVE, having no access and/or knowledge of the Data used by the Client for the creation of Digital Tools until after they have been processed by the Client, cannot be considered responsible for the processing, nor even a subcontractor of said data, having no autonomy as to their processing. If the Client informed NETINTERACTIVE that Personal Data would be used by them in the creation of Digital Tools, NETINTERACTIVE, if it agreed to the Client's use of such Data, would:
NETINTERACTIVE is the only one authorized to receive the Personal Data of Clients who commit not to transmit any Personal Data concerning Clients and/or Users. This data may be transmitted to subcontracting companies to which NETINTERACTIVE may appeal in the context of the execution of its services and notably the providers in charge of the hosting of the Site and the WEBPUBLICATION Solution. NETINTERACTIVE neither sells nor rents the Personal Data received from Clients to third parties for prospecting purposes, without their formal and express consent.
The main objective of collecting Personal Data is to offer Clients a safe, optimal, effective, and personalized experience. The Clients accept that NETINTERACTIVE may use personal data to:
Provide and improve the WEBPUBLICATION Solution;
Resolve any potential problems and disputes;
Personalize, evaluate, improve the Services;
Inform the Clients about the WEBPUBLICATION Solution, and the Digital Tools through targeted marketing and/or promotional offers, with the agreement of its Clients and/or Users;
Prevent, detect and investigate all potentially prohibited and illegal activities and enforce NETINTERACTIVE's General Conditions;
Be able to comply with its legal and regulatory obligations.
In the event that one of the provisions of these General Conditions and/or Technical and Financial Conditions becomes null or void due to a change in legislation or a court decision, this could not in any way affect the validity and respect of the other clauses of these conditions.
These General Conditions as well as the Technical and Financial Conditions are governed by French law. Any disagreement or dispute that is not settled amicably falls within the competence of the Courts of the jurisdiction of the Court of Appeal OF VERSAILLES, notwithstanding plurality of defendants, warranty call, emergency procedure or summary proceedings, unless rules of public order attribute jurisdiction to other courts.
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