By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in the case that you agree to the Terms..
1. The Website
1.1 The Website is media platform allowing advertisers using the Website (hereinafter, referred to as “Advertisers”) to publish their
advertising materials on websites operated by Company’s affiliates (hereinafter, referred to as “Publishers”).
1.2 The Company provides the following services (hereinafter, referred to as the “Services”)
through the Website: (1) providing Advertisers with opportunity to search for, bid on, and
purchase ad inventory; (2) providing Publishers with the opportunity to promote and sale their ad inventory.
1.3 In order to use the full functionality of the Website, you need to register an account on the Website (hereinafter,
referred to as the “Account”).
1.4 Technical steps to conclude a service contract. If you would like to use the services provided by the Company, you need
to complete an account registration form available on the Website. Next, the Company will examine the completed account
registration form. The Company has sole discretion as to whether to approve or disapprove the account registration form.
By completing the account registration form and receiving a confirmatory email informing you that your account was approved,
you conclude a service contract between you and the Company on the basis of the version of these Terms applicable on the date
of the submission of the account registration form, which the Company shall retain and reproduce in accordance with
Article 1369-4 of the Code civil (French Civil Code).
1.5 The details of your specific contract will not be filed by us and, therefore, the specific
contract will not be available to you. However, if you do require any information regarding
your contract please contact us by using the contact details mentioned in Section 18.
1.6 Correcting input errors. You will be able to identify and correct any input errors prior to
submitting the completed account registration form. If you have made any input error in the
account registration form, please (i) click on the field containing erroneous information and
(ii) replace the erroneous information with the correct information.
2. Prices
2.1 All prices indicated on the Website are in euro (EUR).
2.2 All prices indicated on the Website exclude VAT. VAT at appropriate rate will be added to your invoice if needed.
2.3 The prices remain valid as long as they are indicated on the Website.
2.4 No additional charges will be applied without your express agreement.
3. Payments
3.1 The Publishers can receive payments by PayPal (www.paypal.com) and bank transfer, whereas the Advertisers
can make payments by bank transfer only. The Advertisers are required to fill in the Payment information required
on their account.
3.2 In Europe, PayPal is operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., a company duly licensed as a Luxembourg
credit institution.
3.3 PayPal may collect payment information from you which will allow them to make the
payments requested by you. Please note that, if you use PayPal, we WILL NOT store your
credit/debit card information. PayPal handle all the steps in the payment process on their
websites, including data collection and data processing. Please provide your personal
information to PayPal only after reviewing PayPal’s privacy policy and terms of use.
3.4 It is your responsibility to verify that all transaction information and other details are
correct. The Company shall have no liability for transactions which are incorrect as a result of
factors beyond Company’s control.
3.5 The Company accepts no responsibility for refusal or reversal of payments, which shall be
a matter between you and the provider of payment services.
4. Minimum deposit and withdrawal amounts
4.1 The minimum amount which an Advertiser can deposit in his/her account on the Website is EUR 100.
4.2 The minimum amount which a Publisher can withdraw from his/her account on the Website is EUR 50.
5. Refunds
5.1 If you register an account as an Advertiser on the Website and you experience any issue regarding the Website,
you may request us to provide you with a refund of the fees paid by you. We will examine your request and provide you
with a refund amounting to the unused portion of the fees paid by you. We have sole discretion in determining whether
or not you are entitled to receive a refund. You will be solely responsible for paying the bank fees that are associated with the refund.
5.2 Section 5 “Refunds” shall not affect consumer statutory rights, including the right of withdrawal mentioned in Section 6.
6. Right of withdrawal
6.1 Right of withdrawal. If you are a consumer (i.e., a natural person who is acting for purposes which are outside his trade,
business, craft or profession), you have the right to withdraw from the service contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days of the conclusion of the contract. To exercise the right of withdrawal, you must
inform the Company of your decision to withdraw from the contract by an unequivocal statement (e.g., e-mail message).
You can use the following contact details to exercise your rights of withdrawal: Email: contact@wwebadgency.com.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the
right of withdrawal before the withdrawal period has expired.
6.2 Effects of withdrawal. If you withdraw from the service contract, we shall reimburse to you all payments received from
you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision
to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used
for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such
reimbursement.
6.3 Amount of the refund. If you requested to begin the performance of services during the
withdrawal period, you shall pay us an amount which is in proportion to what has been
provided until you have communicated us your withdrawal from this contract, in comparison
with the full coverage of the contract.
7. The software installed on the Website
7.1 We do not distribute the software installed on the Website in any way.
8. Advertiser’s Content and Code of Conduct for Advertisers
8.1 The Website may offer the Advertisers the opportunity to submit advertising banners,
advertising text, and other materials to the Website (hereinafter, collectively referred to as the
“ Advertiser’s Content”).
8.2 The Company wants to ensure that the viewers of the Advertiser’s Content have a
friendly, interesting, and safe experience. That is why all users of the Website and any
contributions they make to the Website must comply with the following Code of Conduct for
Advertisers.
Code of Conduct for Advertisers
You agree not to submit any Advertiser’s Content or other material that:
- constitutes spam or other abusive messaging;
- is abusive, defamatory, harassing, hateful, libelous, obscene, profane, sexually explicit, threatening, and vulgar;
- constitutes an unfair or deceptive trade practice;
- is false or misleading;
- promotes the use of illegal drugs or any other illegal substances;
- is submitted by using fake email addresses;
- is racially, ethnically or otherwise objectionable in any manner;
- promotes the use of alcohol and tobacco;
- violates the applicable privacy laws;
- contains malware, including, but not limited to, Trojan horses, viruses, worms or
other software that can alter, interrupt, impede, limit or destroy the performance
and/or functioning of any software, hardware, or other equipment;
- infringes the intellectual property rights of others;
- misleads or fraudulently induces users to click on the Advertiser’s Content;
- automatically changes the preferences of the users;
- automatically initiates downloads without obtaining users’ prior explicit consent;
- contains pop-ups or pop-unders that interfere with site navigation;
- implements fraudulent methods aiming to inflate or arbitrage ad impressions. Such
methods may include, for example, (i) informing other advertising units at run time
or (ii) advertising stacking;
- refers to programs which compensate users for performing various advertising-related
activities, such as reading emails, clicking on advertising materials,
navigating through websites, and performing online searches;
- contains audio elements which start playing automatically;
- contains blurry or shaky images;
- contains advertising materials exceeding the previously specified ad unit size parameters;
contains multiple advertising units in the same advertising slot;
contains advertising units which use an auto refresh function.
The Company reserves the right (but not the obligation) to edit and remove any Advertiser’s
Content in whole or in part that the Company deems to be in breach of the Code of Conduct
for Advertisers. The Code of Conduct for Advertisers can be consulted electronically at
http://www.webadgency.com/terms.html
8.3 You further agree that any Advertiser’s Content submitted by you does not contain any
confidential, proprietary or trade secret information. The Company shall have no obligation to
store, keep copies of or return any Advertiser’s Content. The Company further reserves the
right, in its sole discretion, to modify, delete, edit, or remove any Advertiser’s Content from
the Website that it deems to be in violation of the foregoing requirements.
8.4 You will be solely responsible and liable for, and will indemnify the Company and its
officers, directors, employees and agents from and against any losses, expenses, liabilities,
claims, costs, and damages arising from your Advertiser’s Content.
8.5 By publishing Advertiser’s Content on the Website, you agree that such Advertiser’s
Content may be made publicly available. By publishing Advertiser’s Content on the Website,
you grant to the Company unrestricted, royalty-free, perpetual, and irrevocable rights to, for
the purposes of providing the Services:
- archive, cache, crawl, host, index, modify, and store your Advertiser’s Content to
appropriate media formats, standards or mediums;
- adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of,
publicly perform, and publicly display your Advertiser’s Content on the Website;
- use your Advertiser’s Content to publicly display, distribute, perform, and reproduce
your Advertiser’s Content in any media format or medium and through any existing or
future media channels.
8.6. Unless explicitly allowed in the Terms, you may not: (i) copy the Advertiser’s Content;
(ii) distribute the Advertiser’s Content; (iii) adapt, translate, reverse engineer, make
alterations, decompile, disassemble or make derivative works based on the Advertiser’s
Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the
Advertiser’s Content to third parties.
8.7. All Advertiser’s Content is owned by their respective owners and the Company is not
responsible in any manner for that content.
9. Code of Conduct for Publishers
9.1 If you are a Publisher, you agree not to display any Advertiser’s Content in violation of
the following Code of Conduct for Publishers.
Code of Conduct for Publishers
You agree not to display any Advertiser’s Content in such a way as to:
- violate the rights of others;
- violate the applicable law;
- affect the computers of the users with malware;
- redirect the users to unwanted websites;
- mislead or fraudulently induce users to click on the Advertiser’s Content;
- automatically change the preferences of the users;
- automatically initiate downloads without obtaining users’ prior explicit consent;
- contain pop-ups or pop-unders that interfere with site navigation;
- implement fraudulent methods aiming to inflate or arbitrage ad impressions. Such
methods may include, for example, informing (i) other advertising units at run time or
(ii) advertising stacking;
- use artificial means to inflate clicks, conversions, and impressions (e.g., click fraud);
- induce clicks third parties by: (i) soliciting them to click on the add; (ii) offer financial
or other compensation for clicking on the ad; and (iii) formatting the ads and the
surrounding content with the aim to cause inadvertent clicks on the ads;
- automatically change the preferences of the users;
- automatically initiate downloads without obtaining users’ prior explicit consent;
- overlay ad space on a website without the permission of the owner of that website.
Furthermore, if you are a Publisher, you agree not to publish any Advertiser’s Content on
websites containing unlawful or otherwise objectionable content.
10. Support queries
10.1 If you would like to send a support query to us, please send us an email at contact@webadgency.com.
11. Your warranty to the Company
11.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; (iv) you are at least 18 years of age.
12. Privacy
12.1 By using the Website, you agree that the Company may collect and process your personal information in accordance with our Privacy Policy available at http://www.webadgency.com/privacy-policy.html
13. Availability
13.1 The Company will use reasonable efforts to make the Services and the Website available
at all times. However, you acknowledge that the Services and the Website are provided over
the Internet and so the quality and availability of the Services and the Website may be
affected by factors outside our reasonable control.
13.2 The Company does not accept any responsibility for unavailability of the Services and
the Website due to bandwidth problems, equipment failure, or acts of God.
14. Links
14.1 The Website may contain links to other websites. The Company is not responsible for the content of those websites.
15. Limitation of liability
15.1 To the extent not prohibited by the applicable law, the Company will not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising out of the Website and/or the Services. To the extent not prohibited by the applicable law, the Company maximum aggregate liability under the Terms shall in no circumstances exceed the amount payable by the user of the Website to the Company in relation to the Services in question.
16. Governing law
16.1 The Terms shall be governed by the laws of the French Republic. You irrevocably
consent to the exclusive jurisdiction and venue of the courts in the French Republic for all
disputes arising out of or relating to these Terms.
16.2 If you are a consumer, Section 16.1 does not affect your statutory rights or prevent you
from submitting a dispute under the law of, and in the country where you are resident.
17. Amendment of these Terms
17.1 Without prejudice to Section 17.2, the Company reserves the right to modify or amend
these Terms from time to time by sending you an email or a message in the Website. If you
continue using the Website following the receipt of such an email or a message, you declare
that you accept those changes.
17.2 The version of the Terms effective at the time of submission of the account registration
form available on the Website will apply to the service contract concluded between you and
the Company.
17.3 You and the Company may agree in writing to (i) modify the provisions of these Terms
or (ii) include additional provisions in these Terms.
18. Contact us
18.1 If you would like to contact us, please use the following contact details: contact@wwebadgency.com
19. Last amendment
19.1 These Terms have been last amended on 2 nd of February 2016.