Terms and Conditions of Service

Preamble

These Terms and Conditions of Service (TCS) govern the contractual relationships between Agence ÜMAIN, a simplified joint-stock company with a capital of €500, registered in the Meaux Trade and Companies Register under number 989 982 913, with its registered office at 20 rue des Houis, 77580 Pierre-Levée (hereinafter "the Agency" or "ÜMAIN"), and any natural or legal person wishing to benefit from its services (hereinafter "the Client").

Article 1 - Purpose

These TCS define the conditions under which the Agency provides its digital marketing services to the Client. They apply to all services provided by the Agency, unless specific conditions are agreed in writing.

Article 2 - Services Offered

The Agency offers the following services:

• SEA (Search Engine Advertising): Google Ads, Bing Ads campaign management
• Social Ads: Meta (Facebook, Instagram), LinkedIn, TikTok campaign management
• Content creation: Visuals, videos, advertising copy
• Video production: Filming, editing, post-production
• Website creation: Design, development, optimization

The details of services are specified in the quote or specific contract established for each project.

Article 3 - Quote and Order

Any quote issued by the Agency is valid for 30 days from its date of issue, unless otherwise stated.

The order becomes firm and final upon receipt by the Agency of the quote signed by the Client, accompanied by the agreed deposit.

Any modification to the initial order will be subject to an amendment or a new quote.

Article 4 - Pricing and Payment

4.1 Rates

Prices are expressed in euros excluding taxes (HT). The applicable VAT will be added at the current rate. Ancillary costs (media purchases, copyright, travel) are billed separately.

4.2 Payment Terms

Unless otherwise agreed: 50% upon order, 50% upon delivery. Invoices are payable within 30 days of the invoice date. Accepted payment methods: bank transfer, credit card.

4.3 Late Payment

Any late payment will result in late payment penalties at a rate of 3 times the legal interest rate, as well as a flat-rate compensation of €40 for collection costs.

Article 5 - Service Execution

5.1 Deadlines

Completion times are indicative and provided for information purposes. The Agency undertakes to implement all necessary means to meet agreed deadlines. Any delay by the Client in providing necessary elements will postpone delivery times accordingly.

5.2 Validation

The Client has 7 days to validate or request modifications after each deliverable. Failure to respond within this period constitutes tacit approval.

Article 6 - Client Obligations

The Client undertakes to:

• Provide the Agency with all information and documents necessary for the provision of services
• Designate a single contact person authorized to make decisions
• Validate deliverables within agreed deadlines
• Pay invoices by the due dates
• Guarantee that they have the necessary rights to the elements provided

Article 7 - Intellectual Property

7.1 Agency Creations

The Agency remains the owner of all creations (visuals, texts, code, strategies) until full payment of amounts due.

7.2 Rights Transfer

The transfer of intellectual property rights to the Client is effective after full payment. The transfer is limited to the use specified in the quote, unless otherwise agreed.

7.3 Elements Provided by the Client

The Client guarantees that they hold the rights to all elements they provide (logos, images, texts) and releases the Agency from any liability in this regard.

Article 8 - Confidentiality

Each party undertakes to keep confidential all information it may become aware of in the course of contract performance. This confidentiality obligation continues for 2 years after the end of the contractual relationship.

Article 9 - Liability

The Agency is subject to an obligation of means. It cannot be held responsible for the results of advertising campaigns, as these depend on many external factors.

The Agency's liability is limited to the amount of sums actually received for the service concerned.

The Agency cannot be held liable for indirect damages, data loss, loss of earnings or damage to reputation.

Article 10 - Termination

In the event of a serious breach by one of the parties of its obligations, the other party may terminate the contract after formal notice that has remained without effect for 15 days.

In the event of early termination by the Client, amounts paid remain acquired by the Agency and work in progress is invoiced.

Article 11 - Force Majeure

Neither party may be held liable for any delay or non-performance due to a case of force majeure as defined by French case law (unforeseeable, irresistible and external event).

Article 12 - Personal Data

Personal data collected in the context of the business relationship is processed in accordance with the GDPR.

For more information, see our Privacy Policy

Article 13 - Mediation

In the event of a dispute, consumer Clients may use the following free mediation service:

Article 14 - Applicable Law and Jurisdiction

These TCS are subject to French law. In the event of a dispute, and failing amicable resolution, the courts of Meaux shall have sole jurisdiction.

Article 15 - Acceptance of Conditions

The Client declares having read these TCS and accepts them without reservation. Signing the quote constitutes acceptance of these conditions.

Contact

For any questions regarding these conditions: