General Conditions
The Website https://www.arianepoulon.com is the property of the Contractor: Ariane Poulon (Individual Company), registered under SIRET number 88778159900014, whose head office is located at 26 rue Joseph Le Brix 22000 Saint-Brieuc (VAT not applicable, article 293B of the CGI: FR95887781599). The person in charge of the publication and edition of the Website is Ariane Poulon. Customer service can be contacted by e-mail at ariane.poulon@ikmail.com. The Website is hosted by Namecheap, Inc located at 4600 East Washington Street Suite 305 Phoenix, AZ 85034 USA (phone: 661310-2107).
The purpose of these General Conditions is to define the terms and conditions of the provision of the Website and Services by Ariane Poulon as well as the use of the Website and Services by users and Clients. The General Conditions and the Privacy Policy form a contractual whole, the Privacy Policy can be consulted here: https://arianepoulon.com/privacy-policy/. The General Conditions can be consulted directly on the Website and can also be sent on request. Ariane Poulon reserves the right to modify them at any time, it is therefore recommended that users check regularly whether a new version has been published. If necessary, Ariane Poulon may inform users by e-mail if significant changes are made. Accessing the Website and the Services is subject to the prior acceptance of the General Conditions which are applicable subject to any contrary stipulation appearing in the Service Agreement concluded between the Contractor and the Client. If one of these articles were declared null or inapplicable following a court decision or an application of law, the other articles would remain in effect. If the Contractor and the Client wish by mutual agreement to add, modify or delete a clause, it will be necessary to draw up and sign a contract amendment, which is a document proving in the event of a dispute that both parties have accepted the modification of the initial contract .
Several Services are offered on the Website: website optimization, local optimization and content strategy. These Services come with a description containing non-contractual information and images which are provided for illustrative purposes only and which may be modified at any time. Ariane Poulon is not legally bound by these descriptions and cannot guarantee the accuracy of each Service she provides. The Services subscribed by the Client as well as the deliverables will be detailed in the Service Agreement.
To place an order, the Client must fill the information form on the Contact page of the Website (https://arianepoulon.com/contact/) and select the Services they want to subscribe to. Ariane Poulon will respond by e-mail within a few days to discuss and establish the terms of the Services provision. The Client may be required to fill a more detailed form (information on the company, the SEO situation, the competitors, etc). The Client must confirm their acceptance of the quote and the Service Agreement and then pay a 50% deposit to validate the order. Once validated, the order may only be modified with the prior written consent of Ariane Poulon. Upon receipt of payment of the deposit, Ariane Poulon will send the Client a confirmation e-mail summarizing the characteristics and the total price of the order, as well as a paid deposit invoice. The Contractor or her payment service providers may request additional supporting documents from the Client to combat fraud. The order may therefore be canceled if the Client’s refuses without justification to issue these documents. The Contractor also reserves the right to cancel the order if the Client provides incorrect information, does not pay the deposit, if there is a dispute related to a previous order or if the order level is abnormally high.
If the Service is provided immediately, a deposit of 50% of the total price of the Services is due from the Client on the day of signing the Service Agreement, the remaining balance is to be paid within 7 days of the provision of the Services. If the Service is provided successively, the price is due and payable at the beginning of each contractual period. The current price is indicated in euros on the quote, but Ariane Poulon reserves the right to modify the price without notice, as long as the Client has not signed the quote. Once the quote is signed, the price can’t be changed during the period of execution of the Services but the Contractor may modify the prices for Services subscribed during a future order. For Services that are provided successively, the price may be modified at any time and will be applicable to the next contractual period if the Client does not terminate before it takes effect. Any task (urgent or not) added after the quote has been signed will incur additional costs for the Client. Any price reductions may apply under certain conditions, the Contractor undertakes to apply this discount to any order placed during the promotion period. In the event of early payment by the Client, no discount will be applied. If the Client suspends their payments or grants themselves compensation without the prior written consent of Ariane Poulon, it will be considered as non-payment. In the event of late payment, the Contractor may demand immediate payment of all sums due and apply from the first day of delay penalties of 3 times the legal interest rate, without any compensation being due to the Client. The Client will also have to pay a fixed compensation of €40 for recovery costs for each invoice paid late. If the Client hasn’t paid 7 days after formal notice, the Contractor will ban the Client from accessing the Services and if the Client wishes to place a new order, the Contractor may refuse it or require full upfront payment.
- Transfer : the details of the account for the transfer will appear on the quote and the invoice, as well as the reference to indicate in the transfer order.
- Bank card : For invoices of less than €500 and only for countries in the SEPA zone, payment can be made through the payment institution Shine. When the Client provides their payment information, they confirm that they authorize Shine to invoice the amount due.
Ariane Poulon is subject to an obligation of means, she undertakes to mobilize all the means necessary for the execution and success of the Services ordered by the Client and to comply with the applicable legal provisions. It is possible that the Services provided by the Contractor contain errors. Due to SEO uncertainty, competition, algorithm changes, ongoing business policies and other factors beyond control, Ariane Poulon cannot guarantee any quantifiable level of results (traffic, revenue, keyword ranking, etc) or even indicate a time-frame in which the results should be achieved. If the Client considers that the results are not visible quickly or blatantly enough, they cannot sue the Contractor for lack of results.
The Client undertakes to respect the General Conditions and to use the Website and the Services fairly and in accordance with the laws in effect. All information provided by the Client must be accurate and complete and will be communicated under their sole responsibility. The Client must cooperate with the Contractor to facilitate the performance of the Service and immediately report any difficulty, reservation or dispute that has arisen during the term of the contract. The Client must ensure compliance with the legal, social, administrative and tax obligations applicable to their status as a professional. The Client must also ensure the integrity and backup of their data, files and documents and by entrusting them to the Contractor, he waives the right to seek the Contractor’s liability in the event of damage.
The Contractor cannot be held liable in the event of non-performance, defective or delayed performance of the Services resulting from a breach by the Client, a case of force majeure or a fortuitous event. The Contractor cannot be held responsible if the Client suffers direct or indirect, material or immaterial expenses, damages or prejudices, of any nature whatsoever, including but not limited to loss of profit, loss of income, loss of opportunity, loss of keyword ranking, loss of traffic, loss of customers, loss of data or files, image damage, replacement costs or any similar damage whether contractual or tortious, even in cases of negligence, which could result from the use of the Website, from the defective supply or the absence of supply of the Services ordered.
Ariane Poulon undertakes to maintain the strict confidentiality of all information and data concerning the Client (traffic, targeted keywords, strategies, customer base, results, etc.) collected when performing the Services. This information and data is stored in Ariane Poulon’s computer systems as proof of communications and actions by Clients and the Contractor. These elements are stored in a secure and durable system ( https://www.infomaniak.com/en/legal/confidentiality-policy), the Client waives the right to contest the value of proof of the computer systems in the event of a dispute. The Contractor must provide all information concerning the Client if requested by the competent authorities. For more information about how Ariane Poulon uses personal data, you can consult the Privacy Policy : https://arianepoulon.com/privacy-policy/
The Client may exercise his right of withdrawal within 14 days from the working day following the conclusion of the contract. They can exercise their right by sending a registered e-mail to Ariane Poulon and the refund will be made within a maximum period of 14 days from the date of withdrawal. However, the right of withdrawal is not applicable if the performance of the Services is completed before the end of the 14-day period.
Ariane Poulon reserves the right to temporarily suspend the contract in the event of illness or personal emergency. She must notify the Client as soon as possible and give an estimate of the duration of the break needed. Ariane Poulon undertakes to make up for the delay as far as possible, but the provision of the Services could be delayed.
The Contractor and the Client may terminate the contract before its term by mutual agreement. It is also possible to proceed with a unilateral termination if the other party doesn’t comply with their obligations (default of payment, non-performance, defective performance, etc.). In this case, the party wishing to terminate the contract must send a registered e-mail to the other to notify the nature of the breach and their desire to terminate the contract. Unless the two parties reach an amicable settlement, the termination of the contract will take effect after a period of 30 days from receipt of the e-mail. In any case, the Client must pay for the part of the work already performed. If the service is provided successively, the Client will have 1 month’s notice to notify the Contractor by registered e-mail of his wish to terminate the contract.
In the event of force majeure, the contract will be suspended for a period of 30 days. After this period, the termination of the contract must be notified with a registered e-mail and will take effect 8 days after receipt of the notification. Force majeure includes but is not limited to floods, fires, natural disasters, wars, riots, strikes, social unrest, production or transport failure, interruptions in the supply of energy or the Internet. The Client will have to pay for the part of the work already performed.
Depending on the Client’s needs, the Services may be provided immediately or successively. The contract may possibly be concluded for a minimum commitment period and then automatically renewed at each contractual period (tacit renewal). The duration and nature of the contract will be specified in the Service Agreement and the General Conditions will be concluded for the entire duration of the contract. Ariane Poulon may define availability slots in the Service Agreement regulate the times and days during which the Client may contact the Contractor. They will be chosen according to the time zones in which the Contractor and the Client are located and may be subject to negotiation.
The Contractor undertakes not to work with direct competitors of the Client. The geographical area as well as the duration of the non-competition will be defined with the Client in the Service Agreement. As part of her mission, Ariane Poulon has access to confidential information and develops competitive strategies, which would be an unfair advantage if she then worked with a competitor of the Client.
The Contractor and the Client are independent and autonomous businesses, they have no power in the activity of the other. Ariane Poulon is not an employee of the Client and is free from any direction and control over the organization and execution of the Services. In addition, the Client is free to follow or not the recommendations and strategies provided by Ariane Poulon because the Services are provided for advice only.
Ariane Poulon retains exclusive ownership of all documents related to the Services sold and will only transfer the intellectual property rights to the Client once they make full payment for the order. If the Client fails to make full payment, all these documents will return to the Contractor. The Contractor reserves the right to include all or part of these documents and their content on her website and in her commercial brochures.
Disputes that may arise in the context of the contractual relationship established between the Client and the Contractor must be resolved, amicably if possible. In the absence of an amicable settlement within one month, all disputes concerning the validity, interpretation, execution, termination and consequences of the General Conditions, will be submitted to the court of Saint-Brieuc (France).
The General Conditions and the operations resulting from them are governed by and subject to French law, this includes the EU-wide regulations set out in the GDPR. The General Conditions are written in French, the versions translated into one or more foreign languages are for information purpose only and don’t replace in any way the original version, only the French text will prevail in the event of a dispute.