Terms and Conditions

Thank you for choosing bsport for your business. When you use our products and services you are agreeing to our terms, so please read these Terms and Conditions (“Terms”) carefully as they contain important information regarding your legal rights and obligations.

These Terms and Conditions apply to any use of and access to the Services by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you are indicating that you have read this Terms and agree to be bound by its terms. If you do not agree with all of the terms of this Terms, you may not access or use any Services. For all rates mentioned in these Terms, the rate adjusted to the local currency shall apply whenever necessary.

1. Definitions

Capitalised terms and expressions, whether used in the singular or plural, shall have the following meanings for these Terms:

"Customer" refers to the co-contractor of the BSPORT company referred to above.

"Final Customer" refers to the customers of the Customer.

"User Account" refers to an access opening a personal space for the Customer. A User Account is associated with a unique identifier and a unique password.

"Contract" refers to the Contract, the Terms, and its appendices and any quotation, purchase order or amendment subsequently agreed between the Parties.

"Personal Data" refers to the personal data within the meaning of EU Regulation 2016/679 (known as GDPR) and Law No. 78-17 of 6 January 1978 (known as the Data Protection Act) that the Service Provider collects and that the Customer and end Customers provide when using the Solution.

"Identifier" refers to a unique access code associated with a password that enables the Customer to authenticate to access the Solution.

"User Guide" refers to all the information relating to the use of the Solution, including in particular the description of its functionalities and the list of technical prerequisites required for its use, available at the following address: https://intercom.help/bsport-helpcenter.

"Partner" refers to any employee of the Customer authorised to offer its services on behalf of the Customer using the Solution through the Platform.

"Platform" refers to the hosting infrastructure on which the Solution runs, providing online service in "SaaS" mode, and materialising in a web platform accessible at https://backoffice.bsport.io/, an application available on iOS at https://apps.apple.com/us/app/bsport/id1356621554 and on Android at https://play.google.com/store/apps/details?id=com.bsport.

"Service Provider" refers to the company BSPORT SAS.

"Services" refers to the services or services permitted by the Solution and the Service Provider, as detailed in these Terms.

"SaaS" (Software as a Service) refers to the method of remotely providing the functionalities of the Solution, accessible from the Internet, remaining on the Provider's Platform.

"SLA" (Service Level Agreement)refers to the service levels guaranteed by the Service Provider.

"Solution" refers to all software programs and solutions enabling the Services to be carried out, developed and published by BSPORT SAS and made available to the Customer in SaaS mode by connecting to the Platform via the Internet network.

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2. Services

2.1 The Solution

The Service Provider provides the Customer with the Solution accessible from the Platform which will allow the Customer to use the following functionalities:

  • manage the planning of its Partners,
  • manage the bookings of its Final Customers,
  • extract all its data in .csv format,
  • manage the invoicing of Final Customers, through a third-party payment module,
  • store its invoices issued to the Customer,
  • collect, manage, and secure the Personal Data of Final Customers,
  • set up and send automatic messages,
  • broadcast live video content produced by its Partners,
  • publish video content produced by its Partners in the form of Video On Demand.

For this, the Service Provider also undertakes to:

  • provide the Customer with access to a User Account allowing the Customer to consult and administer session bookings,
  • refund to the Customer the payments made by Final Customers for their consumption of the services offered by the Customer on the Platform,
  • provide available technical and maintenance assistance according to the Terms, for any issue related to the use of the Solution,
  • allow Final Customers to register, pay and manage their reservations with a Customer's Partner as well as manage their personal information and choose their preferred communication channels.

2.2 Third Party Technologies

To ensure the smooth functioning of the Solution, the Service Provider uses external service providers recognised for their professionalism in the following areas:

3. Access to the Platform

A User Account is opened for the Customer upon conclusion of the Contract. A Username and a password are assigned to him/her. The Customer provides the name and contact details of the natural person(s) designated as the administrator(s) of the User Account. The Customer undertakes, for any connection to his User Account via the Platform, to use the User and password provided to him, which he undertakes to keep confidential. Each connection to the User Account and any transmission of data using the Identifier and password are deemed to have been made by the Customer. The Solution is accessible on the Service Provider's Platform, which therefore does not under any circumstances give a copy of it, in any form or on any medium whatsoever, to the Customer.

4. Availability of the Solution

The Service Provider shall use its best efforts to make the Solution available to the Customer in SaaS mode 24 hours a day, 7 days a week. The Customer will benefit from a support service by writing to the following address: support@bsport.io or on the Intercom instant messaging system. The Customer undertakes to report any anomaly or malfunction of the Platform as soon as he becomes aware of it, to enable the Service Provider to resolve it. The Service Provider undertakes to warn the Customer of any security flaw concerning the protection of its Personal Data as well as those of the Final Customers. The terms and conditions of maintenance, the procedure for correcting anomalies, the availability of the Solution as well as the compensation scheme in the event of failure by the Service Provider are exclusively provided for services described (the "SLA") in the Terms.

5. Obligations and Liability

The Customer is liable for any damage that the transmitted data may cause to the Service Provider, to a third party, to the Solution or the Platform, and guarantees the Service Provider against any recourse that may be brought against him by a third party as a result of this data.

Additionally, unless force majeure takes place, the Client undertakes to be available for its training and launching period of one month following the signature of the Contract, unless explicitly agreed otherwise during the signature. If so, the Client undertakes to be available for a month following the first introduction call with the customer success team. In the event that the Client should not be available for the scheduled training/onboarding calls and meetings, a penalty fee of £150 will be charged to balance the loss of deployment costs.

5.1 Liability and Obligations of the Customer

The Customer undertakes:

  • to use the Solution only in accordance with its professional purpose and for the sole needs of its activity (set out in the preamble), as well as in accordance with the User Guide referred to in the Terms,
  • to transmit, under its entire responsibility, all the information necessary for the performance of the Contract. It guarantees the accuracy of this information, and undertakes to notify the Service Provider of any changes to this information,
  • to regularly consult its User Account to collect information and to react on time to solicitations, reservations and requests from Final Customers,
  • not to use the Solution in conditions that may affect its proper operation or safety,
  • to pay the price outlined in the Contract,
  • to respect the Service Provider's intellectual property rights,
  • not to store or disseminate on, or through the Solution, any content or data that is harmful or of an illicit nature, contrary to morality or infringing on the rights of third parties, in particular intellectual property rights.

5.2 Obligations and liability of the Service Provider

The Service Provider undertakes to provide the Solution and the Services detailed in the Contract and to implement all human and technical means to provide these services.

The Service Provider further undertakes to pay the Customer the price paid by the Final Customers due to the Service Provider within 7 days of receiving the payment into the Service Provider's account. The Service Provider is bound by an obligation of means and shall not be held liable for any delay in the performance of the Services provided for in the Contract unless otherwise provided for in the Contract relating to the Service Level Agreement (SLA).

The Customer agrees that the Service Provider may, freely and without prior formality, subcontract all or part of its obligations hereunder, under its responsibility. In the event of subcontracting, the Service Provider shall remain solely responsible for the proper fulfilment of its obligations under the Contract.

Under no circumstances may the Service Provider be held liable for the actions of third parties or indirect damages such as especially: commercial damages, loss of customers, loss of orders, commercial disruption of any kind, loss of profit, damage to the image of the brand. In particular, it is understood that any action brought against the Customer by a third party constitutes an indirect prejudice which cannot, therefore, give rise to a right to compensation.

6. Intellectual Property

The Service Provider declares that it holds all the rights necessary for the conclusion of the Contract. The right to use the Solution granted by the Service Provider by these Terms does not entail any transfer of intellectual property to the Customer. The Customer shall have access to the Solution on a non-exclusive and non-transferable basis. The right to use the Solution may not be sub-licensed, assigned, transferred or made available to a third party.

Furthermore, the Customer shall refrain from reproducing any element of the code of the Solution or the Platform by any means whatsoever, in any form whatsoever and on any medium whatsoever. The Customer shall refrain from any action that may infringe, directly or indirectly, the Service Provider's copyright on the Solution, which is notably protected by the provisions of the intellectual property code. The Customer shall refrain from publishing content for which it does not own the rights on the Platform. The Customer authorises the Service Provider to use its name, logo and trademark, in strict compliance with its graphic charter, as a commercial reference.

7. Confidentiality

All information, data, know-how, whether or not covered by the provisions of the French Intellectual Property Code, regardless of the form and nature (commercial, industrial, technical, financial) exchanged by the Parties or of which they become aware in the course of the performance of the Contract shall be considered confidential.

Each of the Parties undertakes to use such confidential information only in the performance of the Contract, to protect it and not to disclose it to third-parties other than employees, collaborators and subcontractors to perform the Contract, who shall be informed, where appropriate, of the confidential nature of the information communicated and of their obligation not to disclose it. The Parties undertake to comply with the obligations resulting from this Article for the entire duration of the Contract and three years following its termination.

8. Force Majeure

The Parties shall not be held liable in the event of non-performance, by either of them, of all or part of the obligations for which they are responsible resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

It is expressly agreed that the malfunctions of telecom and telecommunications operators constitute cases of force majeure within the meaning of this Article. The Party that invokes a case of force majeure shall be required to notify the other Party as soon as possible of the occurrence of such an event. The Party invoking force majeure shall keep the other Party informed and undertakes to do its best to limit the duration of the suspension of its obligations.

If the impediment is temporary, the performance of the obligation shall be suspended until the Party invoking it is no longer prevented from performing. If the suspension should continue for a period exceeding three months, each of the Parties shall have the option of terminating the Contract without compensation by notifying the other Party of its decision by registered letter with acknowledgement of receipt. If the impediment is definitive, the Contract shall be terminated by operation of law and the Parties shall be released from their obligations, pursuant to Article 1351 of the French Civil Code.

9. Compliance with Laws

The Service Provider shall comply with the legal and regulatory obligations applicable to it in its capacity as a Service Provider under the law applicable to the Contract. The Service Provider is not required to assume the Customer’s legal and administrative obligations, including those relating to the Services provided under the Contract. It is therefore up to the Customer to ensure compliance with the laws and regulations concerning his and her activities, without being able to seek the Service Provider's liability.

9.1 Governing Law and Jurisdiction

The Contract and the Terms shall be governed by and construed in accordance with French law. Any dispute arising out or in connection with the interpretation or implementation of the Contract and the Terms shall be subject to the exclusive jurisdiction of the Commercial Court of Paris (Tribunal de commerce de Paris).

10. Miscellaneous

If one or more clauses are declared void by a court decision or proven to be impossible to implement, the validity of the other provisions shall not be affected and the Parties undertake to negotiate a replacement provision in good faith. Similarly, the nullity of a provision contained in a clause shall not render the clause as a whole null and void. The headings and subheadings appearing in the Terms are included for convenience only. By express agreement between the Parties, these headings and subheadings may in no way be used to interpret any provision of the Terms.

The fact that a Party does not claim the application of any provision of the Terms or tolerates the non-performance thereof, whether temporarily or permanently, may in no way be interpreted as a waiver by that Party to exercise the rights it holds hereunder. The fact that a Party tolerates non-performance or imperfect performance of the Contract or, more generally, tolerates any act, abstention or omission of the other Party that does not comply with the provisions of the Terms shall not confer any right whatsoever on the Party that benefits from such tolerance. The Contract expresses the full agreement of the Parties and supersedes any prior explicit and implicit written or oral agreement. It constitutes the sole will of the Parties. It may only be modified by an amendment signed by the authorised representatives of both Parties.

The Parties shall be domiciled at the addresses indicated at the top hereof to which notifications shall be sent, except in the event of a change of address, which shall be notified to the other Party as soon as possible. In the event of a change of address, any notification made at the addresses mentioned in the instrument or at the last address notified shall be deemed to be valid, unless it is proved that the Party making the notification was aware of the actual address of the Party to which it is making the notification. The Parties recognise that they are acting as independent co-contractors. Neither the Contract or the Terms shall  have the effect of creating between them a company or association of any kind.

The Parties have agreed to sign the Contract by means of an electronic signature within the meaning of the provisions of Article 1366 and following articles of the French Civil Code and consequently declare that the electronic version of the Contract constitutes the original document and is perfectly valid between the Parties.

The Parties declare that the Contract in its electronic form constitutes literal proof within the meaning of Article 1367 of the French Civil Code and has the same probative value as a written document on paper in accordance with Article 1366 of the French Civil Code and may be validly invoked against them. The Parties undertake not to contest the admissibility, opposability or probative value of the Contract signed in electronic form. The Contract is signed and delivered by electronic means and in several copies, each of them being considered as an original, but all of them together constituting the same Contract.

11. Subscription to the Platform

The use of the Platform accessible at https://backoffice.bsport.io/ and on the application available on iOS at https://apps.apple.com/us/app/bsport/id1356621554 and on Android at https://play.google.com/store/apps/details?id=com.bsport.

This use gives the Customer access to the following functionalities, and for the area defined between the Parties in the Terms:

  • manage the schedule of its Partners, in particular through widgets over the CSM used by the Customer (the display depends on the configuration of the Customer’s website),
  • managing bookings made by Final Customers,
  • extract all its data in .csv format,
  • take charge of the invoicing of the Final Customers, through a third-party module,
  • store invoices issued to the Customer,
  • collect, manage, and secure the personal data of Final Customers,
  • set up and send automatic and messages up to a limit of 10,000 emails per month,
  • broadcast live video content produced by its Partners (provided it has its own video conferencing system).

11.1 Request for a Branded Mobile Application

The Client can request the development of a branded mobile application that allows their end customers to book directly through a mobile app under their name on iOS and Android systems, under the same conditions as the regular application.

This option must be expressly requested by the Client one month before the desired date for the effective implementation of the application. This timeframe is necessary for the development of the branded application by the Service Provider.

The Client’s End User data collected on the branded mobile application can be returned to them upon request within 6 months of the termination of the application.

11.2 Request for the Implementation of a New Feature

The Customer may ask the Service Provider to design a new customised service. Subject to the acceptance of its request by the Service Provider, this new Service will be invoiced according to an invoice to be defined between the Parties.

12. Additional Services Billed at the Customer’s Request

The options listed in the Contract will be freely usable by the Customer without prior request. The Customer will be invoiced for the following options that he has used, the following month of their use.

The Service Provider has integrated a marketing tool that allows the Client to create, modify, and send customised marketing emails to specific audiences. This functionality is free of charge within the limit of reasonable use (10,000 marketing emails per month). This limit does not include transactional emails, such as booking confirmation emails. Beyond that, an additional £18 will be invoiced for each additional 10,000 emails per month.

13. Maintenance of the Services

13.1 Maintenance

The Service Provider shall make its best efforts to ensure that the Platform is accessible at all times, except scheduled maintenance periods or in the event of an interruption for security reasons, under the conditions defined below.

However, the Service Provider may interrupt its services during the maintenance period, in particular, to carry out any data backup and/or maintenance operations on its own hardware and software used to provide the Services. Maintenance and update operations must take place between 2:00 AM and 5:00 AM, French time (GMT +1).

When possible, the Service Provider undertakes to inform the Customer in advance of any scheduled interruption of services outside the maintenance period, by means of a message accessible from its User Account. Exceptional maintenance operations, in particular the application of security updates, are excluded from this information measure.

Temporary interruptions within the scheduled maintenance period may under no circumstances give rise to compensation to the Customer.

The Customer is informed that the connection to the Services is made via the Internet. The Service Provider cannot be held liable for difficulties in accessing the Services due to disruptions in the Internet network.

Support will be open and reachable at the following address: support@bsport.io or on the Intercom instant messaging system and at the following times: Monday to Friday from 9 am to 7 pm (excluding public holidays).

13.2 Repair of Anomalies

To enable the Service Provider to correct anomalies as soon as possible, the Customer undertakes to notify the Service Provider of such anomalies as soon as he becomes aware of them.

A penalty ceiling is set at 20% of the amount of the annual fees paid by the Customer. The payment of penalties does not exonerate the Service Provider from the performance of its obligations. For the purposes of this Article, the term "Critical Functionalities" refers to the following functionalities:

  • manage the schedule of its Partners,
  • manage the bookings of its Final Customers,
  • allow the invoicing of Final Customers,
  • to collect, manage and secure the personal data of Final Customers necessary for the reservation of the activities proposed by the Customer.

A "Blocking Anomaly" refers to any defect in the Platform that prevents the use of all or part of the Critical Functionalities permitted by the Solution, making their use impossible or risky.

A "Major Anomaly" designates any defect in the Platform that significantly disrupts access to one or more Critical Functionalities permitted by the Solution.

A "Minor Anomaly" designates any defect in the Platform that does not impact the Critical Functionalities allowed by the Solution.

The Service Provider undertakes to take charge of the anomaly reported by the Customer within 24 hours for Blocking and Major Anomalies and to resolve it within 72 hours from the time it is taken charge of the anomaly for Blocking Anomalies, and within one week for Major Anomalies.

An Anomaly on a Mobile Application is considered resolved as soon as the Service Provider sends a corrective update of the application to Apple’s iTunes or App Store (iOS) and/or Google’s Play Store (Android), as these two services impose their own deadlines for processing and therefore publication.

In the event of failure to comply with the aforementioned deadlines, the Service Provider shall owe the Customer a penalty calculated as a % of the amount of the monthly subscription to the Platform referred to for the month during which the anomaly occurred and in accordance with the following scale:

  • Blocking Anomaly: 5% per day of delay for each blocking anomaly,
  • Major Anomaly: 3% per day of delay for each major anomaly,
  • Minor abnormality: no penalty.

The Customer will inform the Service Provider of any anomaly as soon as he becomes aware of it. It is agreed that any anomaly will be considered as Minor if it is reported more than 24 hours after its appearance. In accordance with the Contract, in the event of a breach by the Service Provider of an obligation under the Contract that is not remedied within 15 days from the sending of a registered letter with acknowledgement of receipt notifying the breach in question, the Customer may terminate the Contract without observing the notice period initially provided for in the Contract.

13.3 Availability

For the subsequent calculations, the "Reference Period" is defined as 8:00 AM to 11:00 PM, on a 30-day per month basis. Unavailability of the Platform means its total inaccessibility during the Reference Period. The Service Provider undertakes to ensure a 98% availability rate of the Platform during the reference period. If this availability rate is not respected, the Service Provider shall owe the Customer a penalty calculated as follows for the month in which the availability rate is lower:

  • between 98% and 97% inclusive: 15% of the amount of the monthly subscription,
  • between 97% and 96% included: 25% of the monthly subscription amount,
  • between 96% and 95% included: 35% of the monthly subscription amount,
  • less than 95%: 45% of the monthly subscription amount.

The penalties provided for in this Article exclude those provided for in the Terms. It is therefore not possible to accumulate them.

13.4 Exclusions of Penalties

The Provider shall not be liable and the penalties shall not apply in the following cases:

  • refusal by the Customer to cooperate with the Service Provider in the resolution of anomalies and, in particular, refusal to respond to questions and requests for information made by the Service Provider to the Customer,
  • use of the Services in a manner that is not in accordance with their intended purpose,
  • unauthorised modification of the Solution by the Customer or a third party,
  • failure by the Customer to fulfil its obligations under the Contract,
  • implementation of any software package, software or operating system that is not compatible with the Application Services,
  • failure of electronic communication networks,
  • force majeure,
  • failure of a subcontractor,
  • wilful act of degradation, malice, sabotage,
  • provision by the Service Provider of a temporary solution to restore access to the disrupted functionalities,
  • anomalies or unavailability not reported within 24 hours of their occurrence.

14. Loyalty and Good Faith

The Parties hereby undertake a general obligation of strict restraint; they consequently undertake mutually to adopt a perfectly loyal attitude towards each other. Each Party undertakes not to make any comments that could be interpreted as disparaging or injurious to the image of the other Party or that could discredit it, its activities or its skills or any of its officers, directors, shareholders or partners, employees or agents or that could discredit them, their activities, their products, their management or their personnel. Except in the event of a court order, each Party undertakes not to take part in, testify in or provide public support for any proceedings initiated by or pending against the other Party.

15. Termination

The request for the Contract’s termination must be sent by email with acknowledgement of receipt to the following address: support@bsport.io for a request made by the Customer, and to the email address indicated in the Contract for a request made by the Service Provider. In the event of a breach by one of the Parties of an obligation provided for in the Contract, which has not been remedied within 15 days from the sending of a registered letter with acknowledgement of receipt notifying the breach in question, the other Party may (i) Compel the other party to perform its obligation under the Contract in application of article 1221 of the French Code civil or (ii) terminate the Contract without delay. When the breach corresponds to a violation of the use of the Solution, the termination shall take effect immediately. The termination of the Contract shall not give rise to the reimbursement of any sums collected by the Service Provider. In the event of termination by the Customer, the Customer assumes full responsibility for the consequences of the termination of the Contract, in particular in terms of the continuity of its internal management. If the Client wishes to retrieve the list of payment methods of end users upon termination, a fee of £250 will be charged.

16. Personal Data

The Service Provider only collects personal data that is adequate, relevant and limited to what is necessary for the purposes it is processed. The Service Provider undertakes to ensure that the personal database for which it is responsible for processing complies with the regulations in force, namely EU Regulation 2016/679 known as GDPR and Law No. 78-17 of the 6 January 1978 known as the French Data Protection Act. The Service Provider makes its best efforts, by taking all appropriate measures, to ensure the security and confidentiality of the Customer’s Personal Data and that of the Final Customers to protect them against any loss, accidental destruction, alteration and unauthorised access. The Service Provider does not transfer Personal Data to countries outside the European Union or the European Economic Area. The Service Provider limits access to the Personal Data to employees or external service providers who need it to perform the Contract. The Personal Data is kept for the period necessary to process it, i.e. for the period during which the Customer and Final Customers use the Service Provider's Services and/or Platform, and no later than three years after the last contact or, where applicable, within 30 days of the request for deletion of the Personal Data.

In accordance with the regulations in force, the Customer and Final Customers have the following rights with regard to the processing of their Personal Data:

  • The right to be informed about the use of their Personal Data,
  • The right to access the Personal Data they have transmitted,
  • The right to request the correction of inaccurate or incomplete Personal Data,
  • The right of the Final Customers to request the deletion of their Personal Data or the cessation of their processing,
  • The right for Final Customers to withdraw their consent to receive information.

The rights of the interested parties with regard to the processing of their Personal Data will be exercised at any time directly by email by writing to the following address: support@bsport.io. Requests will then be redirected according to whether they concern the Service Provider or the Customer. More generally, the Customer is solely responsible for the content and messages disseminated to Final Customers via the Platform. The Customer also remains the sole owner of the Final Customer’s Data. The Client may wish to activate the migration of End Users’ banking detail information. This will be discussed with Client to explain the possibility of doing so. This separate migration has a one-time cost of £150.

17. Financial Provisions

The pricing conditions for the use of the Platform and access to additional Services and functionalities are listed in the Contract. It is understood that the provisions of this Article thereto shall apply unless otherwise agreed between the Parties.

The rates outlined in the Contract may be revised by mutual agreement between the Parties. The Customer is aware that the Company is developing the Solution on an ongoing basis. Thus, the existing functionalities of the Solution may evolve to improve the Services listed in the Contract and the Terms, without this entailing any additional cost for the Customer. Nevertheless, new functionalities developed may be subject to an additional cost. These features will be offered to the Customer without any obligation to subscribe to them.

Each month, the Service Provider shall issue an invoice corresponding to the monthly fee for use of the Solution as well as the amount of the Services and additional costs for the past month based on the rates in force as outlined in the Contract.

In the event of payment being made after the due date indicated, late payment interest equal to three times the legal interest rate shall be applied, without prior notice of default and from the first day of delay. In addition, a lump-sum indemnity for collection costs will be fixed by decree. In accordance with Article D. 441-5 of the French Commercial Code, on the date of the Contract, the amount of this fixed indemnity is £40.

In addition, without prejudice to the application of the above-mentioned penalties, in the event of non-payment, even partial, of an invoice, within the period provided for above, and after a formal notice has been given but no response has been received for 15 days from the date of sending, the Service Provider reserves the right, without being held liable, to suspend the SaaS Services to the Customer, until full payment of the sums due, without prejudice to the Service Provider's right to terminate the Contract in accordance with the "Termination" article.

17.1 Invoicing

Payment Deadline: The Client acknowledges that all invoices issued by the Service Provider are due on the date of issuance. If payment is not received within this timeframe, the Client’s access to the service will be suspended until payment is settled. See the process for details on the steps.

Process that will take place starting from the first instance of an unpaid invoice:

  • Day 1 (Billing Day): The option for the Client to request a refund will be temporarily suspended. Additionally, if any payment is disputed by the end user platform, payouts will also be suspended.
  • Day 10: Our billing department will commence communication attempts to recover outstanding amounts.
  • Day 15: If not already completed, payouts, refunds, and platform access will be suspended. To resolve this, the Client must settle their outstanding balance exclusively through card or IBAN via a provided Stripe link (No other forms of transfer will be accepted).
  • Day 60: Any funds held in the connect will be withdrawn to settle the outstanding balance.

Responsibility for Disputed Payments: The Client acknowledges and agrees that they are fully responsible for any disputed or contested payments after the date of their transfer. Even if the funds have been transferred to the Client's account, any subsequent chargeback, cancellation, or dispute shall incur financial liability on the part of the Client towards the Service Provider.

Repayment Obligation: In the event of a disputed payment after the date of transfer, the Client agrees to promptly reimburse the Service Provider the total amount in question. This repayment must be made within 15 days from the notification of the dispute by the Service Provider.

Cooperation Commitment: The Client undertakes to fully cooperate with the Service Provider in any investigation or procedure related to disputed payments, by providing any necessary information or documentation required to effectively resolve the situation.

Consequences of Non-Payment: Any delay or failure of payment by the Client regarding disputed payments after the date of transfer or unpaid invoices will result in the application of late fees and may also lead to collection measures, including but not limited to, engaging a debt collection agency or initiating legal proceedings.

Acceptance of Risks: By utilising Services made available by the Service Provider, the Client acknowledges and accepts the risks associated with disputed payments following the transfer date. The Client agrees to undertake all necessary precautions to mitigate such incidents and to assume full financial responsibility for any resulting consequences

Reassement of Procing: The Client acknowledges and accepts that the Service Provider reserves the right to implement a reassessment of pricing at the time of contract renewal. In such an event, the Client has a period of 60 days from the communication of said reassessment to decide whether to accept or reject it. If no response is received within this period, the reassessment will be considered accepted by default.

These payment conditions are established with the aim of ensuring the Client's compliance with financial obligations towards the Service Provider and maintaining a relationship of mutual trust.

18. Communication Sent

The Client responsible for all Content sent through the Service. Without limiting any other provision of these Terms, it is the Client's responsibility to review all Content before submitting a Campaign through the Service. The Service Provider is not responsible for any Content submitted through the Service. For the avoidance of doubt, under no circumstances will the Service Provider or its Team be liable for any loss or damage suffered by the Client if the Client uses the Service in breach of these Terms, whether or not the Service Providers terminates or suspends the Client's account as a result of such breach.

The Service Provider are not responsible for your relationship with your Contacts and the manner in which you interact with them, including your collection of personal information or your consent to communicate with your Contacts via Text Messaging. If required by applicable law, the Client must obtain consent directly from your Contacts in the manner prescribed by such law, but you must also provide your Contacts with the means to unsubscribe from individual messages sent through the Inbox. It is your responsibility to consult a licensed attorney to ensure that your use of Text Messaging complies with all applicable laws.

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