Online subscription
Preamble
Words and expressions used in these terms and conditions are defined as follows:
Member: the member who has taken out a subscription on the MIMIR
website
Free member: the member who has taken out a free subscription on the MIMIR website
Paying member: the member who has taken out a payable subscription on the MIMIR
website
1. General
These general terms and conditions govern the provision of free and paid-for online subscriptions provided by MIMIR on its website to the exclusion of all other conditions.
The member acknowledges that they are familiar with them and have accepted them unconditionally prior to placing the order, therefore confirmation of the order automatically implies that the member agrees to the present terms and conditions of sale that have the force of law between the parties.
Any departure from these general terms and conditions requires validation by written agreement from MIMIR to that effect.
MIMIR reserves the right to modify these terms and conditions at any time. The new terms and conditions will apply to any new offer or order, notwithstanding any prior relations entertained between MIMIR and the member.
Unless there is proof to the contrary, the data registered on its website constitute proof of all the transactions between MIMIR and the member.
2. Subscriptions to MIMIR advertisement services
The member who wishes either to subscribe to a free service or to place an order for a payable service is obliged to:
- complete the identification form in which all requested contact details must be indicated;
- complete all the data fields required to prepare the E*Page and/or subscription;
- validate and confirm their advertisement order after having checked via the link that will be sent to them by e-mail;
- if required, make payment according to the terms and conditions set out on the MIMIR website.
Payable subscriptions and other services available for purchase are exclusively those shown on the MIMIR website.
All data supplied together with the registered confirmation take the force of proof of the transaction.
Confirmation carries the same force as signing and accepting the operations carried out.
MIMIR will communicate its confirmation of the recorded order by electronic mail.
MIMIR reserves the right to cancel or refuse any order in the event of a problem relating to the order received (non-compliant order, lack of essential information for example), in the event of an order placed by a customer known to be insolvent, in the event of refusal to accept payment by the payment platform used by MIMIR, or if there is a dispute such as one relating to a previous order.
In that case, an e-mail will be sent to the customer.
3. Price
The price is payable at the time of ordering.
Customer invoicing is carried out on the basis of the tariffs in force on the
order date and on the prices indicated on the order form.
Subscription prices are given in USD.
All orders, regardless of their origin, shall be paid for in USD.
MIMIR reserves the right to modify its prices at any time. The new prices will
apply to all new orders or new offers.
The sale may be made exclusive of VAT, provided customers first inform MIMIR of
their intra-community VAT number or alternatively if their country is not
subject to VAT.
In all other cases, the quoted prices will be marked up by VAT levied at the
rate applicable in France on the order date.
All sales are subject to French VAT for French customers.
4. Payment
Payment for subscriptions and services are made online by
banker’s card (Visa, Mastercard, American Express).
Payments are made via the secure platform of the RBS Worldpay company that uses
the SSL (Secure Socket Layer) protocol in such a way that the transmitted data
is software-encrypted so that no third party can retrieve it during its transmission
on the network.
Following payment, an invoice will be automatically sent to the customer
detailing the VAT if appropriate.
MIMIR retains the right to block publication of an advertisement in the event
of any payment incident until the outstanding sum relating to the order in
question is paid in full.
5. Publication
5.1 Publication with regard to free subscriptions
The member must transmit and certify that all the elements
required for writing, formatting and publishing the advertisement are accurate
and match those provided on the form they filled in online prior to their
publication on the site.
These elements must be legible and correctly spelt.
Logos supplied by the member must meet the technical specifications laid down
by MIMIR.
MIMIR will make every endeavor to ensure that the E*Pages are published in the
version keyed in online within 48 hours of the online order validation for a
12-month publication period.
The member may at any time request modifications on their E*Page via their MYMIMIR
account or by contacting the customer service department, and may do so at any
time throughout the duration of their advertising subscription. Some
modifications may give rise to additional invoicing.
MIMIR reserves the right to proceed with verifications on the content of the
E*Page following its publication, and if necessary, may make linguistic and/or
grammatical corrections to it and will not be held liable by the member for
this service.
MIMIR may also, at any time, and without notice, interrupt and/or refuse any
publication or circulation of an E*Page on its site, and/or remove a hyperlink
in an E*Page should the content directly or indirectly targeted tend to be
considered contrary to regulations in force, primarily public order, public
decency, morals, laws relating to competition, brands and advertising, and/or
if MIMIR is served a legal injunction to remove access to disputed contentious
matter.
The member expressly waives their rights to any recourse against MIMIR if the
latter exercises its right of refusal or withdrawal.
5.2 Publication with regard to payable subscriptions
The member must transmit and certify that all the elements
required for writing, formatting and publishing the advertisement are accurate
and match those provided on the form they filled in online prior to their
publication on the site.
These elements must be legible and correctly spelt.
Logos supplied by members must meet the technical specifications laid down by MIMIR.
MIMIR endeavors to publish all advertisements as they have been keyed in on
line within 48 hours from the day the on-line order has been validated and to
publish translated versions within 3 weeks from the day the on-line order has
been validated. The duration of publication is defined by the contract.
In the event one of the Parties has no fulfilled any of its obligations
required under the Contract, the other party can terminate the Contract by
sending a notification by registered letter. If the other Party does not reply
to the notification within eight (8) days of its receipt, termination will be
effective.
The member may at any time request modifications on their E*Page via their MYMIMIR
account or by contacting the customer service department, and may do so at any
time throughout the duration of their advertising publication subscription.
Some modifications may give rise to additional invoicing.
MIMIR reserves the right to proceed with verifications of the content of the
E*Page following to its publication, and if necessary, may make linguistic
and/or grammatical corrections to it and will not be held liable by the
customer for this service.
MIMIR may also, at any time, and without notice, interrupt and/or refuse any
publication or circulation of an E*Page on its site, and/or remove a hyperlink
in an E*Page should the content directly or indirectly targeted tend to be
considered contrary to regulations in force, primarily public order, public
decency, morals, laws relating to competition, brands and advertising, and/or
if MIMIR is served a legal injunction to remove access to disputed contentious
matter.
The member expressly waives their rights to any recourse against MIMIR if the
latter exercises its right of refusal or withdrawal.
6. Liability
MIMIR is only responsible for the content of the pages it publishes.
MIMIR is not bound by any obligation of diligence in the on-line sales process.
It may not be held liable for any damage arising from the use of the Internet
network such as loss of data, intrusion, virus, breakdown of service, or other
problems outside its control.
MIMIR will not be held liable in the event of non-fulfilment of the contract
through force majeure, interruption, total or partial strike of the
communications media, fire or flooding.
7. Intellectual property
All the elements on the MimirB2B site and its extensions (.fr, .it, .es, .de, .co.uk, .nl, etc.) are protected by copyright and intellectual property law and this protection extends all over the world.
No individual or body corporate is authorized to reproduce, exploit, retransmit, or use any software, visual or sound elements from the site for any purpose whatsoever, even partially.
The insertion of any simple or hypertext link is strictly forbidden without the express written agreement of MIMIR.
In order to fulfil the order, the member transfers a non-exclusive license to MIMIR for the intellectual property rights they hold on their elements such as their brand and logo, so that EUROPAGES can set, reproduce, communicate, modify, adapt these elements by all technical means and on all media.
Accordingly the member declares that they hold all the rights required and guarantees to protect MIMIR from any action of any nature regarding these intellectual property rights.
8. Personal data
Customer information and data are required for the purposes of order management and trading relations.
To do so, they should simply write online to Customer Service at customer.service@mimirb2b.com
Any information transmitted by a customer may be kept and used by MIMIR pursuant to the provisions set forth in the terms and conditions of our privacy and personal data protection policy, even if the subscriber does not finalize confirmation of the order.
MIMIR can retain and use all information provided by a client for so long as the company is registered with MIMIR, even if the member does not ultimately finalize its order.
Automated data processing, including the management of site user e-mail addresses.
9. Archiving – Proof
MIMIR archives order forms and invoices on a reliable and durable medium that constitutes a faithful copy.
The computerized registers held by MIMIR will be considered by the parties as proof of the communications, orders, payments and transactions conducted between the parties.
10. Customer Service
Our customer service is available to provide further details or answer questions at the customer.service@mimirb2b.com address
11. Applicable law
These general terms and conditions of sale, together with all the operations targeted by the former and/or associated with the sale of its advertisements to its customers by MIMIR, are governed, interpreted and carried out in compliance.
In the event of any dispute, the courts of the head office of MIMIR will be the only courts competent in the matter.