Use of EVAWOLF INC. Services
IMPORTANT:
Please read these Terms and Conditions of use (hereinafter referred to as "T&C") carefully.
They define the terms and restrictions of use that you accept when purchasing and using the Services, as well as the conditions of the relationship between EVAWOLF INC. and the Client.
By using all or part of the Services, you acknowledge that these T&C are binding and accept all provisions herein. If you disagree with the terms of these Terms and Conditions, you are not authorized to order and/or use the Services.
EVA WOLF INC. offers a platform service connecting freelancers specialized in communication on one side and professionals on the other. These general terms of use (hereinafter "T&C") aim to govern the conditions under which the Services are provided by EVAWOLF INC. to the Client. Consequently, ordering Services from EVAWOLF INC. implies an understanding and full and unconditional acceptance of the T&C by the Client, unless otherwise specified or specifically stated in writing.
The Client declares to have the capacity to contract within the meaning of Article 1145 of the Civil Code and possibly that he is duly authorized by the legal entity for which he is contracting. If the Client is a legal person, he declares that the conclusion of the Contract constitutes an act useful to the achievement of its corporate purpose as defined by its statutes or is incidental to it.
The Client acknowledges having received from EVAWOLF INC. all the information enabling him to understand the Services within the meaning of Article 1112-1 of the Civil Code, to assess their adequacy to his needs, and thus to order the Services knowingly.
Orders are placed based on a personalized quote proposed by EVAWOLF INC. at the request of the Client and accepted by the latter, so the contractual relationship cannot be considered a standard contract within the meaning of Article 1171 of the Civil Code. The Order will become effective after EVAWOLF INC. accepts a Purchase Order.
The Services subject to the Contract are determined and detailed in the Order subscribed by the Client and may include all or part of the following services.
EVAWOLF INC. undertakes, as part of a best efforts obligation, to provide its best efforts to bring communication solutions that are most suitable for the specific needs of the Client.
The Client understands that any communication act involves risks that EVAWOLF INC. seeks to limit by all means. EVAWOLF INC. cannot guarantee the result of its communication efforts. EVAWOLF INC. undertakes to deliver communication solutions as they appear in the quote within the timeframe specified in the quote or any other written medium.
During registration on the EVAWOLF INC. platform, the Client provides the information requested by EVAWOLF INC., including name, first name, company name, postal address, email address, SIRET number or equivalent, and unreservedly accepts these T&C.
The Client undertakes to take reasonable measures to secure access to their accounts. In this regard, the Client undertakes, in particular, not to disclose their password to a third party.
The Client cannot introduce viruses or any other malicious program on the EVAWOLF INC. platform.In addition to the obligations mentioned in the T&C, in general, the Client undertakes to cooperate effectively and in good faith with EVAWOLF INC. for the proper execution of the Services. The Client also undertakes to be benevolent towards EVAWOLF INC. and freelancers.
Any statement contrary to the provisions of the 1881 law on freedom of the press may result in the termination of contractual relations to the exclusive fault of the Client.
The Client undertakes to act in accordance with the applicable laws. The Client undertakes that all uploaded data and content is lawful. In this regard, the Client certifies that they have all the legal, regulatory, or administrative authorizations, especially in terms of intellectual property, necessary for the operation of the Website and any element, content, database, software, to which they would grant EVAWOLF INC. access or for which they would entrust reproduction or representation to EVAWOLF INC.
The Client undertakes to pay the price in accordance with the terms stipulated hereof.
The price of the Services subscribed under the Contract is set out in the Order(s). Anything not provided for in the Order(s) is not included in the price. Payment terms are specified in the Order(s). The price is payable without discount.
Additional charges billed separately are payable by any means upon receipt of the invoice. The invoice must be paid by bank transfer no later than the 15th of the month following its issuance, under penalty of a late fee of €40, as well as a penalty equal to the amount due multiplied by the interest rates that are set and used by the European Central Bank (ECB).
EVAWOLF INC. is responsible for the performance of its obligations under the T&C as part of a best efforts obligation. EVAWOLF INC.'s liability can only be established in the event of proven gross negligence or serious fault by the Client in the performance of its obligations.
The Client undertakes to limit its damage in the event of a fault committed by EVAWOLF INC. and to justify it. The proper execution of EVAWOLF INC.'s Services requires the full collaboration of the Client regarding the expression of their needs. In the absence of indications from the Client to EVAWOLF INC. within a period of 1 (one) month, the Client will be deemed to have accepted EVAWOLF INC.'s proposal.
Any possible modification by EVAWOLF INC. will be the subject of a quote presented to the Client. In no case is EVAWOLF INC. liable to the Client or third parties for indirect damages such as loss of business, commercial damages, loss of customers, any commercial disruption, loss of data or files. In any case, EVAWOLF INC. will only be liable for damages reasonably foreseeable on the day of the conclusion of the Order.
The Client is solely responsible for the content of the information posted online as part of the execution of the Contract. Consequently, EVAWOLF INC.'s liability cannot be engaged due to the content provided by the Client published, and the Client undertakes to indemnify EVAWOLF INC. against any claim or action against it and any damage suffered in this regard.
Unless mandatory provisions to the contrary, no action by the Client, for whatever reason, may be brought against EVAWOLF INC. more than 1 (one) month after the occurrence of the fact on which it is based. To the extent permitted by applicable law, the limitations and exclusions of liability provided in these T&C apply, regardless of the basis of liability.
The Client guarantees EVAWOLF INC. against any damage or claim, action, or conviction and expenses (including attorney's fees) that EVAWOLF INC. may be subject to as a result of its actions or a breach of any legal provision. In this case, the Client undertakes to pay directly to the claimant any amount that they would demand from EVAWOLF INC., and the Client undertakes to intervene at the request of EVAWOLF INC. in any action brought against the latter.
The Parties' liability cannot be engaged in the event of force majeure as defined by the provisions of Article 1218 of the Civil Code, subject to promptly notifying the other Party and that the prevented Party makes its best efforts to limit or remedy the non-performance of its obligations. If the force majeure event persists beyond a period of 15 (fifteen) days or is irreversible, the Contract may be terminated automatically at the request of one of the Parties without restitution.
The duration of the contract is set in writing (in the quote or any other durable medium). Since the contract is concluded for a fixed term, the Parties can only terminate it by mutual agreement or in the event of a serious and/or repeated fault by one Party and after sending a letter of formal notice that has remained without effect for a period of 15 (fifteen) days.
These do not constitute a license or transfer contract for intellectual property elements. Trademarks, logos, designs and identification signs, contributions, creations, media, software developments, documentation of all kinds sold or made available to the Client by EVAWOLF INC. and any original creation are the exclusive property of EVAWOLF INC.
The Client undertakes to respect the moral rights of paternity and integrity of EVAWOLF INC. and freelancers. If the Client provides EVAWOLF INC. with content (logos, brand, visuals, videos, etc.), they guarantee that they have all the intellectual property rights (copyright, neighboring rights, trademark law, design and model law, patents) on said content.
The Client undertakes to control the chain of rights and that assignments and/or licenses have been concluded in compliance with applicable regulations. The Client grants EVAWOLF INC., as necessary, for the duration of the Contract, a non-exclusive and worldwide license, free of charge, allowing it to process and host said content, to cache, encrypt, trace, copy, and display this content for the purpose of performing the Contract.
The Client undertakes to indemnify EVAWOLF INC. for all pecuniary consequences (including damages, legal costs, attorney's fees) that it may incur due to a breach by the Client regarding the aforementioned guarantees concerning the data. In the event that the Client acts on behalf of a final Client, the Client vouches for compliance, in particular, with this Article 9 by the final Client and guarantees EVAWOLF INC. in this regard.
The Client authorizes EVAWOLF INC. to cite it as a reference for the purpose of illustrating and promoting its activities on all media, particularly in its commercial brochures and on its website.
The Parties undertake not to communicate or disclose to third parties in any capacity whatsoever confidential information (whether technical, economic, commercial, or otherwise) from or concerning the other Party, regardless of how this confidential information was disclosed, and not to reproduce or use directly or indirectly this confidential information for purposes other than the execution of these T&C.
Notwithstanding the foregoing, the Party obliged to disclose confidential information under the law or by government, administrative, or judicial decision must inform the other Party as soon as possible of the request – excluding weekends and public holidays in mainland France excluding Alsace-Moselle – in order to allow it to provide its prior assistance in communicating said confidential information.
The provisions of this article will remain in effect during the term of the Contract and for the entire legal duration of the protection of intellectual property rights when such confidential information is eligible for protection by intellectual property rights and in any case for a period of 10 years from the expiration of the Contract for all other information.
The T&C as well as the Order and any writing related thereto constitute the entire Contract between EVAWOLF INC. and the Client for the Services. In the event of a contradiction between these documents, the Purchase Order will prevail over the T&C.
Any amendment to the Contract must necessarily be the subject of a written amendment signed by the Parties. The fact that EVAWOLF INC. does not avail itself of any provision of the T&C at a given time cannot be interpreted as a waiver to avail itself of it later. If any provision of the Contract is declared invalid or unenforceable under a law, regulation, or as a result of a final decision of a competent court, the invalidity or unenforceability of said provision will not affect the other provisions of the Contract, and all stipulations unaffected by such invalidity will retain their full force and effect.
Intuitu personae: the rights and obligations arising from the Contract are personal to the Client, non-assignable, and non-transferable without the written consent of EVAWOLF INC.
Language: any exchange with EVAWOLF INC. is done in French or English. The Client does not have the right to communicate in another language.
Official version: In case of inconsistency between language versions of these general terms and conditions of sale, the French version prevails.
Modification of the T&C: the applicable T&C are those in force on the day of signing the quote or the Purchase Order. EVAWOLF INC. reserves the right to modify its T&C, so the Client does not have an acquired right to a state of the T&C.
The interpretation, validity, execution, and termination of these are subject to French law.
All difficulties relating to the validity or interpretation of the T&C will be submitted, in the absence of an amicable agreement, to the Courts of the registered office of EVAWOLF INC., to which the Parties attribute territorial jurisdiction, regardless of the place of execution or the domicile of the defendant.
If the User, usually residing in the territory of the European Union, intervenes as a consumer, then the Court of their habitual residence will be competent.