Albergo Internet Wi-Fi - Real estate ads in France

PREAMBLE

The Babelimmo company, hereafter referred to as ?the Publisher,? publishes a real estate listing Web site hereafter referred to as ?the Web site.? The Publisher sells to the customer, hereafter referred to as the ?the Advertiser,? a paid advertising service (hereafter referred to as ?the Service?), to the exclusion of any other services unless otherwise stipulated in writing by contract.

By placing an order, the Advertiser accepts without reservation the Terms and Conditions below, notwithstanding any provisions to the contrary that may appear in the Advertiser's materials.

If the Advertiser does not comply with these Terms and Conditions, the Publisher may deny the Advertiser access to the Service.

The fact that the Publisher does not exercise any one of the provisions of these Terms and Conditions or of the Special Terms of the order shall not be interpreted as a waiver by the Publisher of the right to exercise any of said provisions at a later date.

ARTICLE 1 - DEFINITIONS AND FEATURES OF THE SERVICES

1.1. The ?Bronze? advertisement runs for four weeks.

1.2. The ?Silver? advertisement runs for six months.

1.3. The ?Gold? advertisements include the publication of the advertisement until the property is sold.

1.4. The ?Highlight? option adds a frame and coloured background to the advertisement when it is displayed in the list of search results.

1.5. The ?Random Rotation? option includes the advertisement in the random rotation of the ?Ad of the Day? section of the Web site. If the Advertiser is a professional using the Random Rotation option as part of a package, a maximum of three of the Advertiser's advertisements will be included in the rotation.

1.6. The ?Link to Web site? option allows the Advertiser to add to the advertisement the URL of an external Web site containing additional information about the property only. No other content may be included.

1.7. The ?Mini Site? option allows the Advertiser to create a mini site (in one language only) used to present detailed information about the advertisement.

1.8. The ?Advertising Packages,? for professionals only, consist of a subscription that allows the Advertiser to publish for a given period of time a given number of advertisements depending on the package purchased.

1.9. The ?Link to Web site? option, for professionals only, is a clickable link to the Advertiser's Web site.

1.10. The ?Professional Directory Listing? option, for professionals only, includes the Advertiser in the agency directory.

1.11. The ?Create Your Web site? option, for professionals only, includes a dynamic Web site based on the Advertiser's advertisements published on the Web site.

1.12. The ?Prestige? option allows the Advertiser to publish advertisements in the Prestige edition of the real estate portal Babelimmo, in six languages.

1.13. The Google Adwords campaign included in the Gold ads is run in one language only for one month. The Advertiser can choose a longer run and additional languages at an additional cost. Due to the way Google Adwords works, there is no guarantee that the advertisement will be displayed continuously.

1.14. All options are valid for the duration purchased subject to the validity of the advertisements with which the options are associated.

ARTICLE 2 - CONTENT

2.1. Texts, logos, photographs, and other items included in the advertisements and detailed descriptions are provided by the Advertiser and are the sole responsibility of the Advertiser.

2.2. The Publisher is the sole owner of reproduction rights arising in particular from literary and artistic property rights. The reproduction, display, translation, or adaptation of the content in full or in part, regardless of the process, materials, or medium used, is strictly prohibited without the Publisher's permission.

2.3. Unless the Advertiser refuses in advance and in writing, the advertisements and photographs published on the Web site may be used by the Publisher to illustrate the Publisher's promotional materials.

2.4. The Publisher shall not be held liable for any errors in the information or photographs published.

2.5. The Publisher reserves the right to refuse any advertisement or information deemed unethical or contrary to accepted standards of good behaviour, or that is illegal, offensive to users of the Web site, likely to result in complaints by third parties, or incompatible with the Publisher's image or the purpose of the service offered. If an advertisement that is refused has already been paid for, the Publisher will either recommend that the Advertiser make changes to the advertisement or offer a refund. This shall not result in compensation of any kind for the Advertiser.

2.6. The Publisher reserves the right to make changes to any information published that does not meet the Publisher's publication criteria.

ARTICLE 3 - CONDITIONS OF USE OF THE SERVICE

3.1. The Advertiser may publish an advertisement by completing a form on the Web site and by making payment by credit card on-line, by bank transfer, or by cheque. Not all means of payment are available in all countries. Once payment has been received, the advertisement is immediately processed by the Publisher. The Advertiser understands that the Service begins immediately upon receipt of payment and, as a result, the Advertiser cannot exercise the right of withdrawal.

ARTICLE 4 - LIABILITY

4.1. The Publisher in no way guarantees the return on advertisements published on the Web site by the Advertiser.

4.2. Under no circumstances shall the Publisher be held liable for damages resulting from errors or omissions in the creation or translation of advertisements and information. Publication errors are not an acceptable motive for withholding payment, even partial, nor shall any such errors result in compensation in any form whatsoever.

4.3. Delays, interruptions, or cancellations of two weeks or less affecting the publication of the Web site and that are not due to serious negligence on the part of the Publisher shall not result in compensation.

4.4. The Publisher reserves the right to suspend or stop publication of the Web site without being held liable for payment of compensation. Therefore, advertisements or packages not published or for which the publishing run has not expired will be refunded on a pro rata basis or will not be collected upon.

4.5. The Advertiser expressly acknowledges that he is the sole and exclusive author of the content of the advertisements and information for which he is requesting publication, including the text, logos, photographs, and any other graphical items. Therefore, the Advertiser assumes sole responsibility for this content, as well as for any missing legal or other required information.

4.6. The Advertiser is aware of the scope of publication of the Web site and has taken all of the necessary precautions in order to comply with the legislation in force. As a result, the Advertiser holds the Publisher harmless from any liability in this regard.

4.7. Individual Advertisers certify that they own the properties advertised. Professional Advertisers certify that, for each advertisement published, they are under contract to sell the properties advertised.

4.8. The Advertiser certifies that the information and photographs published are accurate and representative of the property advertised and are not likely to mislead the public.

4.9. In the event of force majeure, the Publisher shall not be held liable for any loss sustained by the Advertiser. The following events constitute force majeure: wars, riots, strikes, fires, explosions, floods, hurricanes, earthquakes, sabotage, computer viruses, information system failures, or any other event that is beyond the control of the Publisher and likely to compromise the provision of services.

4.10. In any event, the Publisher's liability is expressly limited to the price of the Service paid by the Advertiser.

ARTICLE 5 - DURATION AND PAYMENT OF SERVICES

5.1. As soon as an advertisement is published on the Web site, it must be paid for in full, even if the advertisement is removed before the end of the period purchased.

5.2. The correct amount must be paid in full before the advertisement is published.

5.3. No proof of publication of advertisements purchased by Advertisers will be issued other than the payment receipt. The Advertiser may view and download the payment receipt via his Customer Area (on-line customer interface). The payment receipt can also be sent to the Advertiser upon request, by electronic means only.

5.4. Advertising packages, which are for professionals only, are purchased for a period of 1 to 36 months (chosen by the Advertiser) and are payable in full at the time of the order. Packages are not subject to tacit renewal and thus are non-refundable and cannot be cancelled before the end of the period purchased.

5.5. The failure to pay an invoice by the due date renders all amounts due payable immediately without prior notification, and may result in the Service being suspended or the contract terminated.

ARTICLE 6 - PRICES

6.1. The prices that apply to all orders are those in effect at the time the order is placed. The entire price schedule is published on the Prices page of the Web site. Certain specific services, such as the translation of text in the custom text fields, are available on an on-quote basis.

6.2. The prices published include applicable taxes (at the rate currently in effect).

6.3. Official prices are stated in euros. If the Advertiser selects a currency other than the euro, the prices indicated are approximate and are based on the last known exchange rate. The price paid in euros when the order is placed is thus likely to vary with regard to the amounts listed on the ?Prices? page.

6.4. The Publisher reserves the right to change the prices at any time without prior notice.

6.4. Under no circumstances can the use of a promotional code result in a refund. If the amount of a promotional code is higher than the amount of the order for which it is used, the amount to be paid is zero and the promotional code is no longer useable.

ARTICLE 7 - NULLITY

7.1. By express agreement, if any of the clauses in these terms and conditions were to be declared null and void, the validity of the other provisions would not be affected.

ARTICLE 8 - COMPLAINTS AND DISPUTES

8.1. Any complaints concerning the publication of an advertisement on the Web site must be sent to the Publisher within one week of the initial publication on the Web site.

8.2. Any disputes relative to the interpretation, acceptance, or performance of these terms and conditions, regardless of the location from which the order was placed or the payment made, shall be brought solely before the jurisdiction of the Publisher's head office, even in the event of proceedings against the guarantor which may take the form of giving third-party notice or in the event of multiple respondents.

8.3. These Terms and Conditions shall be governed by French law.

8.4. The governing language of the Terms and Conditions is French. Any languages other than French are for information only. In the event of a dispute, only the French version shall prevail.

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The Albergo Internet Wi-Fi Web site is a member of the The Cube Wi-Fi network and enables you to showcase your accommodation in 6 languages.
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