In effect from September 06, 2022
Last edited March 02, 2023
The purpose of these terms of service (hereinafter referred to as “ToS”) is to provide a legal framework for the terms and conditions under which uptimaz makes the site and its services available and to define the conditions of access and use of the services by the “User”. These ToS are available on the site under the heading “Terms of service”. Any registration or use of the site implies the user’s unreserved and unrestricted acceptance of these ToS. When registering on the site via the Registration Form, each user expressly accepts these ToS by ticking the box before the following text: “I have read and accept the Terms of service.” In the event of non-acceptance of the ToS stipulated in this contract, the User must renounce access to the services offered by the site. uptimaz reserves the right to unilaterally modify the content of these ToS at any time.
ARTICLE 1: Legal notice
The editing and publication of the www.uptimaz.eu and app.uptimaz.eu is assured by Mion Enrico Antonio, domiciled in 18 Rue des Pépinières 69005 Lyon.
Phone number is +33769665233
Email address firstname.lastname@example.org.
The host of the www.uptimaz.eu and app.uptimaz.eu website is OVH SAS, whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France.
ARTICLE 2: Accessing the site
The www.uptimaz.eu website is free to use and provides the User with access to the following services: The website offers the following services: Optimised translation for search engines (including Amazon), classic translation, keyword research to improve online SEO. The site is accessible anywhere free of charge to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at their own expense.
The non-member user does not have access to reserved services. To gain access, they must register by filling out the form. By agreeing to signup for these reserved services, the member User agrees to provide truthful and accurate information concerning their civil status and contact details, including their email address. To access the services, the User must then identify themselves using their login and password which will be sent to them after their registration. Any User who is a regularly registered member may also request to be removed from the list by visiting the dedicated page accessible on their account. This change will come into effect within a reasonable time frame. Any event caused by force majeure that results in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, is not the responsibility of www.uptimaz.eu. In these cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice. The User can contact the site by email using the publisher’s email address provided in ARTICLE 1.
ARTICLE 3: Data collection
The site ensures that the User’s personal information is collected and processed with respect for privacy standards in accordance with the French law n°78-17 of January 6, 1978 relating to information technology, files and freedoms. The site is declared to the CNIL under the number [Most personal data files no longer need to be declared to the CNIL since May 25, 2018, the date on which the GDPR came into force]. In accordance with the French Data Protection Act of 6 January 1978, the User has the right to access, rectify, delete and object to their personal data. The User may exercise this right by sending an email to email@example.com
ARTICLE 4: Intellectual property
The branding, logos, signs as well as all the content on the site (texts, images, sound…) are protected by the Intellectual Property Code and, more particularly, by copyright. The uptimaz brand is a registered trademark of Enrico Antonio Mion and any representation and/or reproduction and/or exploitation of this brand, in whole or in part, of any kind whatsoever, is strictly prohibited. The User must request prior authorisation from the site for any reproduction, publication or copy of the various site content. The User undertakes to use the contents of the site in a strictly private context; using the content for any commercial or advertising purposes is strictly prohibited. Any total or partial representation of this site by any means whatsoever withoutthe express authorisation ofthe website operator would constitute an infringement punishable under Article L 335-2 et seq. of the Intellectual Property Code.
In accordance with article L122-5 of the Intellectual Property Code, it is reminded that, should the User reproduce, copy or publish protected content, they must cite the author and source.
ARTICLE 5: Responsibility
The sources of the information published on the www.uptimaz.eu website are deemed reliable, but the website does not guarantee that it is free of defects, errors or omissions. The information provided is presented for information purposes only and has no contractual value. Despite regular updates, the site www.uptimaz.eu cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site. The User shall ensure that their password is kept secret. Any disclosure of the password, in whatever form, is prohibited. The User assumes all risks related to the use of their login and password. The site declines all responsibility. The www.uptimaz.eu website cannot be held responsible for any viruses that could infect the User’s computer or any computer equipment following the use, access, or downloading from this site. The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 6: Hypertext links
Hypertext links may be present on the site. The User is informed that by clicking on these links, they will leave the www.uptimaz.eu website. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
ARTICLE 7: Cookies
The User is informed that during their visits to the site, a cookie may be installed automatically on their browser. Cookies are small files that are temporarily stored on the User’s computer hard drive by their web browser which are necessary for the use of the www.uptimaz.eu website. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, which is randomly generated and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain. The information contained in the cookies is used to improve the www.uptimaz.eu website. By browsing the site, the User accepts these cookies. However, the User must give their consent for the use of certain cookies. If the User does not accept them, they are informed that certain functions or pages may be refused. The User may deactivate these cookies in their browser settings.
ARTICLE 8: Applicable law and jurisdiction
French law applies to this contract. In the case of a dispute, and after all possible amicable resolutions have failed, only French courts of law will be allowed to hear the case. For any question relating to the application of these ToS, you can contact the publisher at the address and phone number listed in ARTICLE 1.
In effect from September 06, 2022
Last edited March 02, 2023
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (known as GTC) apply, without restriction or reservation, to any purchase of the following services:
Optimised translation for search engines (including Amazon), classic translation, keyword research to improve online SEO,
as offered by the Service Provider to non-professional customers (“Customers or Customer”) on the www.uptimaz.eu website.
The main characteristics of the Services are presented on the www.uptimaz.eu website. The Customer is required to take note of this before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the www.uptimaz.eu website and will prevail over any other document. The Customer declares that they have read and accept these GTC by ticking the box provided for this purpose before completing the online ordering procedure on the www.uptimaz.eu website. Unless proven otherwise, the data recorded on the Service Provider’s IT system constitutes proof of all transactions with the Customer.
The contact details of the Service Provider are as follows:
Share capital of 1000 euros
Registered with the RCS of Lyon under the number 901783522
18 rue des Pépinières 69005 Lyon
phone: +33 769 665 233
Customs duties or other local taxes, import duties or state taxes may be payable. These are the sole responsibility of the Customer.
ARTICLE 2 – Prices
The Services are provided at the rates that appear on the www.uptimaz.eu website when the order is registered by the Service Provider.
Prices are indicated in Euro, pre-tax.
The prices take into account any discounts that may be granted by the Service Provider on the www.uptimaz.eu website. These rates are firm and cannot be revised during their validity period but the Service Provider reserves the right, outside the validity period, to modify the prices at any time. Prices do not include processing, shipping, transport and delivery costs, which are charged in addition under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Service Provider and given to the Customer when the ordered Services are provided.
Some orders may be subject to a previously accepted quotation. The quotes drawn up by the Service Provider are valid for a period of 30 days after their date of issue.
ARTICLE 3 — Orders
It is up to the Customer to select the Services they wish to order on the www.uptimaz.eu website according to the following terms and conditions:
The Customer will enter their contact details or login to their customer account. The Customer then chooses a Service that they add to their basket. This Service can be deleted or modified before confirming the order and accepting these general terms and conditions of sale. After validation of the information, the order will be considered final and payment from the Customer will be required according to the terms provided.
The sale will only be considered valid after full payment is received. It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors. Any order placed on the www.uptimaz.eu website constitutes the formation of a remote contract between the Customer and the Service Provider. The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer will be able to follow the progress of their order on the website.
ARTICLE 4 – Payment terms
The amount is paid by secure payment, according to the following methods:
payment by credit card or payment by bank transfer to the Seller’s bank account (whose details will be provided to the Customer when placing the order).
The amount payable is due in full on the day the order is placed.
Payment data is encrypted using the protocol defined by the approved payment service provider for banking transactions on the www.uptimaz.eu website.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Service Provider. The Service Provider will not be required to proceed with the provision of the Services ordered by the Customer if the latter does not pay the the price in full under the conditions indicated above.
ARTICLE 5 – Provision of Services
The Services ordered by the Customer will be provided as follows:
Search engine optimised translation service and classic translation service, delivered electronically and principally at European level. Said Services shall be provided within a maximum of 30 working days from the final validation of the Customer’s order, under the conditions set out in these GTC, to the address indicated by the Customer when ordering on the www.uptimaz.eu website. The Service Provider agrees to use its best efforts to provide the Services ordered by the Customer, under an obligation of means and within the deadlines specified above.
If the ordered Services have not been provided within 30 working days after the indicative date of provision, for any reason other than force majeure or due to the Customer, the sale of the Services may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will be returned to them at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction. In the event of a specific request by the Client concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs associated with this will be subject to a specific additional invoice at a later date.
In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, the Services shall be deemed to be in conformity with the order, in terms of quantity and quality.
The Customer shall have a period of 30 days from the provision of the Services to submit complaints by e-mail to firstname.lastname@example.org, together with all the relevant supporting documents, against the Service Provider. No claim will be accepted if the Customer does not comply with these formalities and deadlines. The Service Provider shall reimburse or rectify the Services for which the Customer has provided proof of non-conformity as soon as possible, and at its own expense.
ARTICLE 6 – Right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal. The contract is therefore definitively concluded as soon as the order is placed by the Customer according to the terms specified in these GTC.
ARTICLE 7 – Service Provider’s liability – Guarantees
In accordance with the legal provisions and without additional payment, the Service Provider guarantees the Client against any lack of conformity or latent defect resulting from a defect in the design or execution of the ordered Services under the following terms and conditions:
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. The seller is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where they are responsible for these under the contract or they have been performed under their responsibility ”
Article L217-5 of the Consumer Code
“To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. ”
Article L217-12 of the Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the product. ”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the period of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. ”
In order to assert their rights, the Customer must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity.
The Service Provider shall reimburse, rectify or correct (to the extent possible) the services found to be defective as soon as possible and at the latest within 30 days of the Service Provider’s discovery of the defect or fault. This refund can be made by bank transfer or check.
The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer.
The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from a case of force majeure generally recognised by French case law.
The Services provided through the Service Provider’s website www.uptimaz.eu comply with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which are the Customer’s sole responsibility to check.
The Services purchased on the www.uptimaz.eu website may, in addition to the legal guarantees of conformity and hidden defects, benefit from a contractual guarantee as indicated, where applicable, in the description of a given Service, according to the following terms, conditions and rates:
The Customer may request an unlimited number of free revisions after delivery of the service.
This contractual guarantee covers the following situations:
This guarantee applies before the maximum period of reimbursement, replacement or repair of the non-conforming or defective good(s) in accordance with the legal guarantee.
This guarantee is excluded in the following situations:
This guarantee does not apply to situations where the customer modifies the source text (the original document) for which they have requested an optimised translation service or a classic translation service.
It is applicable under the following conditions:
The Customer may make a complaint by contacting uptimaz customer service. uptimaz agrees to resolve the problem as soon as possible.
ARTICLE 8 – Personal data
The Customer is informed that the collection of their personal data is necessary for the sale of the Services and their realisation and delivery, as well as for their transmission to third parties involved in carrying out the Services. This personal data is collected solely for the purpose of carrying out the service contract.
8.1 Collection of personal data
The www.uptimaz.eu website collects the following data:
Opening an account
When creating a Customer/User account:
Last names, first names, postal address, telephone number and email address.
As part of the payment for the Services offered on the www.uptimaz.eu website, the latter records financial data relating to the bank account or credit card of the Customer/user.
8.2 Recipients of personal data
This personal data is reserved for the sole use of the Service Provider and its employees.
The data controller is the Service Provider, in accordance with the French Data Protection Act and, as of 25 May 2018, Regulation 2016/679 on the protection of personal data.
8.4 Limitation of processing
Unless the Customer gives their express consent, their personal data will not be used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
8.6 Security and confidentiality
The Service Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, please note that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of Customer and user rights
In accordance with the regulations applicable to personal data, Customers and users of the www.uptimaz.eu website have the following rights:
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The Data Controller must provide a response within a maximum of one month.
In the event that the Customer’s request is refused, reasons must be provided.
The Customer is informed that in the event of a refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box to agree to receive informative and advertising emails from the Service Provider. They will be able to withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 – Intellectual property
The content of the www.uptimaz.eu website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are originally written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 11 – Litigation
For any complaints, please contact customer service at the Service Provider’s postal or email address indicated in ARTICLE 1 of these GTC.
The Customer is informed that they may in any event resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In this case, the appointed mediator is
BP 200015 — 75362 PARIS CEDEX 8
The Customer is also informed that they may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which have not been the subject of an amicable settlement with the seller or by mediation, will be submitted to the competent courts under the conditions of common law.