General Conditions of Sale Software

These General Subscription Conditions bind the Service Provider and the Client upon signing the subscription contract.

And this after having stated the following:

A) When the Customer subscribes, he is invited to accept these General Subscription Conditions.

B) The Customer is recommended to print them or save them on his computer in order to allow him to refer to them in the future if necessary.

C) If the Customer does not wish to be bound by the provisions of these General Subscription Conditions, it is up to him not to accept them. In this case, the Customer will not be able to enter into the subscription contract.

D) The provisions of the General Subscription Conditions are added to the provisions of the general conditions of use and the provisions of the general conditions of sale which govern the use of the entire website https://lezard-agency.com and available on the same site.

E) If the Customer does not accept the general conditions of sale and the general conditions of use of the website https://lezard-agency.com , the acceptance of these General Subscription Conditions will be null and void.

F) Unless otherwise provided, these General Subscription Conditions apply to the use and/or access to subscription offers which are proposed to the Client via the website https://lezard-agency.com .

ARTICLE 1 – Scope of application

These General Subscription Conditions apply, without restriction or reservation, to the use and/or access to the subscription offers which are offered to the Client on the day of subscription to the LEZARD AGENCE service which is offered on the website https://lezard-agency.com .

The main characteristics of the Services are presented on the website: https://lezard-agency.com.

The Customer (hereinafter “The Customer” or “The Subscriber”) is required to read this before subscribing.

The subscription to the subscription (hereinafter “the subscription” or “the subscription”) is the sole responsibility of the Customer.

The contact details of the Service Provider are as follows:

These General Subscription Conditions are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.

The provisions of these General Subscription Conditions only concern the subscription to the LEZARD AGENCE service offered by the website https://lezard-agency.com .

Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Client.

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Client has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of identity, to:

The Customer declares to have read the General Subscription Conditions and to have accepted them by checking the box provided for this purpose before implementing the online subscription procedure as well as the general conditions of use and the general conditions of sale of the website https://lezard-agency.com.

The Client acknowledges having the required capacity to consent to and acquire the Services offered on the website https://lezard-agency.com.

These General Subscription Conditions may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date of registration.

Subscribing to a LEZARD AGENCE subscription can only concern the management of a single INSTAGRAM account.

ARTICLE 2 – Description of services

The LEZARD AGENCE service is subscribed to as a primary service by the Client.

These services may be supplemented by additional or optional content services which require the subscription of specific options.

The Customer has a withdrawal period of 14 days from the date of conclusion of the contract, which he may exercise by sending the Service Provider the withdrawal form or any other unambiguous letter by registered mail with acknowledgment of receipt. The Service will be accessible once the 14-day withdrawal period has expired.

The Customer may expressly request to benefit from the Service within 2 working days after payment.

In this case, if the Customer withdraws, he will have to pay the amount corresponding to the Service provided until the communication of his decision to withdraw.

ARTICLE 3 – Right of withdrawal

In accordance with the law, the Customer has a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal with the Service Provider and cancel his subscription, without having to justify reasons or pay a penalty. However, if the execution of the service has begun, with the prior and explicit agreement of the Customer, before the end of the withdrawal period, the Customer acknowledges waiving his right of withdrawal for the period of service already executed.

The right of withdrawal may be exercised online via the attached withdrawal form. An acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Service Provider. The right of withdrawal may also be exercised by any other unambiguous declaration expressing the desire to withdraw, in particular by postal mail addressed to: Lezard Agence 19 Clos des Chardonnerets, 91800, France, or by e- mail to the address: contact@lezard-agency.com , mentioning the subscription contract concerned by this withdrawal.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the services not provided will be refunded. If the Customer has requested to begin the execution of the service before the end of the withdrawal period, he will be liable for an amount proportional to the service provided until the communication of his decision to withdraw.

The reimbursement of the amounts actually paid by the Customer will be made within 14 days from receipt by the Service Provider of notification of the Customer's withdrawal.

ARTICLE 4 – Activation of the subscription

The day of the month on which the Customer subscribes online will automatically be defined as the anniversary date of the contract.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the subscription by the Client.

The Customer has the possibility to check the details of his subscription, its total price and to correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of these General Subscription Conditions as well as the acceptance of the entirety of the General Conditions of Sale and the General Conditions of Use of the site https://lezard-agency.com and constitutes proof of the contract.

It is therefore up to the Customer to check the accuracy of the contract and to immediately report any errors.

The Customer's subscription will only be considered final after the Service Provider has sent the Customer confirmation of acceptance of the subscription by email and after the latter has received payment in full.

Any subscription made on the website https://lezard-agency.com constitutes the formation of a contract concluded remotely between the Client and the Service Provider.

The Service Provider reserves the right to cancel or refuse any subscription from a Customer with whom there is a dispute relating to the payment of a previous contract.

The Customer is solely responsible for the number of subscriptions he takes out on the website https://lezard-agency.com . The subscription of several subscriptions by the same Customer cannot therefore constitute a legitimate cause for termination of the subscription contract.

ARTICLE 5 – Renewal of the contract by tacit agreement

The subscription contract is taken out for a fixed period of 1 month with tacit renewal for the same period.

Under the terms of Article L 215-1 of the Consumer Code, literally reproduced:

" For service provision contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated registered letter or email, at the earliest three months and at the latest one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, provided in clear and understandable terms, shall mention, in a visible box, the deadline for non-renewal.

Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days from the date of termination, after deduction of the sums corresponding, up to that date, to the execution of the contract. The provisions of this article shall apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information .

Pursuant to Article L 215-3 of the Consumer Code, the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.

ARTICLE 6 – Financial conditions

6-1. Rates

The price of subscription 1 is 269.99 euros including tax/month, or 224.99 euros excluding tax.

The price of subscription 2 is 339.99 euros including tax/month, or 283.33 euros excluding tax.

The price of the 1 subscription minus 20% reduction is 215.99 euros including tax/month, or 179.99 euros excluding tax.

The price of subscription 2 minus 20% reduction is 215.99 euros including tax/month, or 271.99 euros excluding tax. 5

The customer will be free to terminate the subscription contract at any time by contacting by email at contact@lezard-agency.com or through the what's app application at the following number:

+33 781225913 .

The Service Provider is free to change its prices.

In this case, the Customer will be informed by any means one month before the new Prices come into force.

The Customer may, if he refuses an increase in Rates applied to the LEZARD AGENCE Service, terminate his subscription following the entry into force of the new Rates.

6-2. Billing and payment

Invoices issued monthly in advance are payable on the date indicated on the invoice. Payment is made by SEPA direct debit or by credit card through the approved payment service provider “STRIPE”.

The “Internet Invoice” option is subscribed to by default upon subscription unless the Customer expressly requests otherwise.

The email address transmitted by the Client to the Service Provider when subscribing will be used in the relationship between the Client and the Service Provider.

The Client has access to all of their invoices by requesting them by email at contact@lezard-agency.com.

The Client undertakes to inform the Service Provider of any change of email address.

6-3. Non-regulation

The amounts remaining owed to the Service Provider by the Client, after a reminder has remained without effect, are increased by late payment interest calculated from the date of receipt of the letter bearing formal notice to pay on the basis of the legal interest rate.

In the event that a payment instrument issued to the Service Provider is not honoured, the various costs related to the non-payment are invoiced to the Customer (direct debit rejection costs, etc.) in compliance with the provisions of Article 32 of the law of 9 July 1991. In the event of non-payment by the Customer of the amounts due, the Service Provider reserves the right to restrict access to the LEZARD AGENCE service and, where applicable, in the absence of a serious and duly justified dispute, the other accounts that the Customer may hold, without prejudice to its right to suspend the Services in accordance with the terms specified below.

ARTICLE 6 – Obligations of the Service Provider

The Service Provider undertakes to satisfy any subscription request within the limits of the capacity of the computer systems and the constraints of quality of services.

The Service Provider undertakes to do everything possible to ensure the permanence, continuity and quality of the service for which the subscription is taken out.

However, the Service Provider is only bound by an obligation of means. The Service Provider cannot therefore be held responsible for technical hazards such as:

- Timely update of INSTAGRAM,

- Server migration,

- Temporary suspension of the service due to an action by the Client beyond the control of the Service Provider (change of password, non-confirmation of the identity by the Client with the INSTAGRAM application, etc.),

The service provider cannot be held responsible for the inadequacy between the number of followers indicated on the offers and those actually received. The numbers of followers indicated in our offers are given for information purposes only and may vary depending on external factors.

This list is not exhaustive. The said services will be provided within a maximum of 48 hours from the final validation of the Client's subscription, under the conditions provided for in these General Subscription Conditions to the email address indicated by the Client.

If the services ordered have not been provided within 48 hours after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the contract may be terminated at the written request of the Customer.

The amounts paid by the Customer will then be returned to him no later than fourteen days following the termination of the contract, excluding any compensation or deduction. In the absence of reservations or complaints expressly issued by the Customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.

The Client will have a period of 7 days from the provision of the Services to issue, in writing, such reservations or complaints, with all supporting documents relating thereto, to the Service Provider.

No claim may be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.

The Provider will refund or rectify the service (to the extent possible) as soon as possible and at its own expense, in accordance with the appropriate terms and conditions approved by the Client, the Services whose lack of conformity has been duly proven by the Client.

ARTICLE 7 – Obligations of the Client

Upon validation of the Client's subscription to the LEZARD AGENCE service, the Client will receive an identifier and a password allowing them to access the service on the website https://lezard-agency.com

It is important to note that, upon signing the contract, the Client will have to provide the access codes for their Instagram accounts. This information is essential to allow the proper execution of the agreed services.

The Customer undertakes to use the offer to which he has subscribed in accordance with the use for which it was designed and marketed.

The Client is prohibited from any commercial use of access to the website https://lezard-agency.com which has been made available to it.

The information and documents communicated by the Service Provider may not be transferred or made available to a third party in any form whatsoever.

Any fraudulent use of the website https://lezard-agency.com or contrary to these conditions, engages the personal responsibility of the Client.

In the event of a change in bank details or addresses (postal or email), or any necessary information that allows LEZARD AGENCE to provide the Service, the Client undertakes to inform the Service Provider without delay and to send them an update of the latter.

The Client undertakes to comply with the laws and regulations in force.

The Service Provider expressly informs the Client that the Internet is not a secure network. Under these conditions, it is the Client's responsibility to take all necessary and appropriate measures to protect its own data and/or software, before and after the implementation of the services.

The Customer agrees to comply with the terms and conditions of the license of any software used in connection with the Service.

He also undertakes to respect the intellectual property rights of third parties to which he will have access due to the use of the Service and to obtain from third parties, holders of rights to the works (texts, images, videos, sounds or any other protected element) that he could use and, in particular, to include in his personal pages, the necessary prior authorizations and concessions of rights.

Furthermore, the Customer acknowledges that the violation of copyright or related rights (such as, for example, the reproduction, representation, making available or communication to the public of works or objects protected by copyright or a related right without the authorization of the rights holders) constitutes an act of counterfeiting, punishable by civil and/or criminal penalties.

ARTICLE 8 – Suspension – Termination of the contract

8-1. Suspension

The Service Provider reserves the right to restrict access to all or part of the Services subscribed to by the Client, after having notified the latter, without the Client being able to claim any compensation in the following cases:

- In the event of non-performance of one of the Client's obligations,

- In the event of non-payment of the amounts due on the due date,

- In the event of a violation of legal provisions, particularly in matters of public order and morality,

- In the event of actions likely to disrupt the website https://lezard-agency.com.

In the event of suspension, whatever the cause, the Customer remains bound by its obligations. The suspension of the Services does not result in the cessation of invoicing.

Services may be interrupted in the event of force majeure.

8-2. Termination at the initiative of the Service Provider

The Service Provider may terminate the Client's contract without being able to claim any compensation in the following cases:

- False declaration by the Customer concerning the contract, termination may take place immediately after having notified the Customer,

- Failure by the customer to fulfill any of its obligations,

- Non-payment by the Client of the sums owed to the Service Provider after formal notice has remained without effect,

- Force majeure affecting the Service Provider for more than fifteen days,

- From the day on which, within the framework of the implementation of a judicial recovery procedure opened against the Client, the judicial administrator decides, implicitly or explicitly in favor of the non-continuation of this contract, or from the pronouncement of the judgment of judicial liquidation.

Termination of the contract for one of the reasons mentioned above may only take place 30 days after receipt of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.

ARTICLE 9 – Personal data (PD)

9-1. Applicable laws

In application of law 78-17 of January 6, 1978 amended by law n° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his subscription contract and the establishment of invoices in particular.

The Service Provider takes appropriate measures to ensure the protection and confidentiality of the personal data in its possession concerning the Customers and processes them in compliance with the provisions of Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms of the European regulations in force on the protection of personal data.

The processing of information communicated via the website https://lezard-agency.com meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the methods defined on the website https://lezard-agency.com .

9-2. Contact

The controller of DCP is LEZARD AGENCE, whose registered office is at 19 Clos des Chardonnerets, 91800, France.

9-3. Nature of the data

DCPs are collected by the Service Provider as part of the subscription and use of the services by the Client.

9-4. Purposes

The processing of DCPs has the following purposes:

- Management of the Client’s account including prevention of non-payment and the fight against fraud,

- Payment on third party service invoice,

- Identification and authentication of the Client,

- Management of pre-litigation, litigation and unpaid debts,

- Management of rights and requests to exercise the rights of individuals,

- The provision and operation of the Service,

- Hosting of the Client’s data,

- The development of LEZARD AGENCE services,

- Carrying out statistical studies, analyses and audience measurements,

- Enrichment and enhancement of the customer base,

- Communication with the Client of LEZARD AGENCE Services.

The provision of certain DCPs by the Client is a condition of the conclusion and, in certain cases, the execution of the contract by the Service Provider.

9-5. Retention periods

DCPs are kept for the duration of the provision of the Services and/or for the duration of the specific processing to which the Client has consented and/or for the legal retention periods.

9-6. Recipients

DCPs may be processed by authorized personnel of the Service Provider, subcontractors, partners or service providers of LEZARD AGENCE.

If these subcontractors, partners or service providers are located outside the European Union, they must then, in accordance with the Regulation, either be subject to an adequacy decision by the European Commission or sign standard contractual clauses.

A copy of these documents can be obtained from the Service Provider.

9-7. Rights of persons

At any time, the Client may request access to the DCP concerning him/her, collected for the purposes detailed above, the rectification or deletion of these (insofar as this does not prevent the proper execution of the contract or compliance with the legal obligations of the Service Provider) and the limitation of one or more specific processing operations concerning him/her, under the conditions provided for by the Regulations.

The Client also has the right to object to the processing of their personal data and the right to their portability, under the conditions set out in the Regulations.

He can exercise these rights:

- By sending a postal letter to:

He will have to provide his name, first name, telephone number as well as a copy of his identity document.

- Electronically, via its customer area on the website https://lezard-agency.com

When DCP processing is based on the collection of consent, the Client has the right to withdraw said consent at any time, without affecting the lawfulness of the processing based on the consent given before its withdrawal, via their personal space.

The Customer has the right to lodge a complaint with the CNIL.

The Customer is informed that the DCP concerning him/her is kept or deleted after his/her death in accordance with the Regulations and that he/she has the right to give instructions to communicate or not this data to a third party that he/she has previously designated.

ARTICLE 10 – Intellectual property

The content of the website https://lezard-agency.com is the property of the Service Provider 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.

In addition, the Service Provider remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the request of the Client) for the purpose of providing the Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc. without the express, written and prior authorization of the Service Provider, which may make it conditional on financial compensation.

ARTICLE 11 – Complaints

Any complaint must be made by live chat via the “Support” section in the customer area on the website https://lezard-agency.com.

The Service Provider will not receive any complaints sent by any other means (telephone, social networks, emails, etc.).

ARTICLE 12 – Applicable law – Language

These General Subscription Conditions and the operations resulting from them are governed by and subject to French law.

These General Subscription Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 13 – Disputes

All disputes to which the contract concluded in application of these General Subscription Conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Service Provider and the Client will be submitted to the competent courts under the conditions of French law.

The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sectoral mediation bodies, the references of which appear on the website https://lezard-agency.com or to any alternative dispute resolution method in the event of a dispute.

The Client, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Civil Liberties.