General Terms of Use

Preamble:

JF&SW, a company registered with the RCS under number 850 073 024, whose registered office is located at 260F chemin des Andrés, 69126, Brindas, Metropolitan France, is responsible for the website www.raiseyour.biz.

The host of Raiseyour.biz website is Ionos - 1&1.

The purpose of these General Terms of Use or GTU is to define, regulate and govern the terms and conditions of the contractual relationship between JF&SW, designated as "the Platform", and the user designated as "the Business Provider". The Platform and the Business Provider may subsequently be designated individually as a "Party" and collectively the "Parties".

The agreement of these GTU is valid for the signature of the Contract. The Business Provider recognizes that he/she is informed that his/her agreement regarding the content of these GTU does not require the handwritten signature of this document. 

The Business Provider therefore agrees to be subject to the rights and obligations of these general terms and conditions.

The Business Provider declares that he/she is over 18 years old and has full legal capacity to enter into commitments under these GTU and thus subscribe to contracts governed by French law. 

The Business Provider is invited to save and print these GTU, which are considered authentic between the parties.  

The Platform reserves the right to modify these GTU at any time.

It is the responsibility of the Business Provider who does not adhere to these GTU to no longer use the services offered by www.raiseyour.biz.

Article 1: Definition

The terms of the General Terms of Use beginning with a capital letter have the following meaning: 

Business Provider: Any natural or legal person registered on the website www.raiseyour.biz and having accepted the GTU. He/she introduces to his/her network a product or service from an Affiliated company.

Affiliated: Company and customer of the Platform, wishing to find new customers, thanks to an international network of Business Providers.

Commission: Percentage or amount received by the Business Provider when a sale is concluded. The commission varies depending on the product and is indicated in the "commission" section of the product or service page in question.

Sales status: Represents one of the following sales statuses of an Affiliate's product or service: validated sale, refused sale, ongoing sale.

Connexion: Following the presentation of the product or service, the Business Provider will match the Prospect and the Affiliate.

Platform:  Raiseyour.biz - Digital platform promoting Affiliates' products and services to Business Providers. 

Prospect: Any natural or legal person who defines himself as a potential future customer, corresponding to the criteria of an Affiliate's clientele. The Prospect is presented by the Business Provider and does not belong to the Affiliate's customers.

Network of Business Providers: Sponsorship system for Business Providers. The " Sponsors " can be remunerated by a commission calculated as a percentage on the sale of the " Referred persons ", going up to four different levels.

User: Business Provider who has accepted the GTU and created a customer account.

Article 2: What the Platform proposes

The Platform gives the Business Provider the mission to identify Prospects, likely to acquire the Affiliates' products or services.

These Prospects must not belong to the Affiliate's existing customers.

The Platform and the Business Provider have both expressed their interest in having the Business Provider introduce to prospects products or services provided by companies that are affiliated with the Raiseyour.biz platform.

The Business Provider is also affiliated to the Platform in respect of the exercise of its professional activity.

Article 3: Nature of the contractual relationship

The Parties are independent professionals who will always act as such. These GTU do not constitute in any way an employment contract, any employment relationship being expressly excluded, as an essential condition without which the Parties would not have concluded it.

The Parties are independent professionals who will always act as such. These GTU do not constitute in any way an employment contract, any employment relationship being expressly excluded, as an essential condition without which the Parties would not have concluded it.

In particular, they declare and recognize that they are and will remain, throughout the duration of the contractual relationship, independent partners, assuming the risks of their own business.

The Business Provider therefore declares and recognizes that it cannot in any way be considered as the agent, employee or representative of the Platform.

Article 4: Access to the website

Raiseyour.biz provides free access to the following services:

  • Startup Marketplace 
  • Detailed information regarding startups
  • Startup promotion kit

The website is accessible free of charge from anywhere by all users with Internet access. All costs necessary for access to the services (computer equipment, Internet connection, etc.) are the responsibility of the user.

The member services are accessed using a login and password.

For maintenance or other reasons, access to the website may be interrupted or suspended by the publisher without notice or justification.

Article 5: How to use the services of Raiseyour.biz

To be able to use the Platform, the Business Provider must first register. Registration is free of charge and includes the following steps:  

  • Enter your first name, last name and email address
  • Approval of the general terms and conditions
  • Any other information requested in the questionnaire

The approval by the member of these general conditions at the registration interface in the form of a double click (1. I tick the box "I accept the general conditions", 2. I click on the box "Send") constitutes proof of having read the said provisions and constitutes acceptance of the present.   

The Business Provider certifies the veracity and accuracy of the information thus transmitted. 

To promote a product or service of an Affiliated company, the Business Provider must make a request on the product page by clicking on "Become a Business Provider". The Platform reserves the right to refuse the request if the profile of the Business Provider does not correspond to the criteria sought by the Affiliated company.

Article 6: Data Collection

For the creation of the Business Provider's account, the collection of information during registration on the website is necessary and mandatory. In accordance with the law n°78-17 of 6th January relating to data processing, files and freedoms, the collection and processing of personal information is carried out with respect for privacy.

In accordance with the French Data Protection Act of 6th January 1978, articles 39 and 40, the Business Provider has the right to access, rectify, delete and oppose his personal data. The exercise of this right is carried out by: the contact form or its customer area.

Article 7: Intellectual Property

The brands, logos and contents of Raiseyour.biz website (graphic illustrations, texts, etc.) are protected by the Intellectual Property Code and by copyright.

Reproduction and copying of content by the User requires prior authorization from the website. In this case, any use for commercial purposes or for advertising purposes is prohibited.

Article 8: Hypertext links

The website may include hypertext links. By clicking on them, the User will exit the platform. The latter has no control and cannot be held responsible for the content of the web pages relating to these links.

Article 9: Cookies

During visits to the website, a cookie may be automatically installed on the User's browser software.

Cookies are small files that are temporarily stored on the User's computer's hard drive. These cookies are necessary to ensure accessibility and navigation on the website. These files do not contain any personal information and cannot be used to identify a person.

The information in the cookies is used to improve the browsing performance of Raiseyour.biz website.

By browsing the website, the User accepts cookies. They can be deactivated via the settings of the browser software.

Article 10: Duration of the contractual relationship

These GTU are valid for an indefinite period of time related to regular use of the platform. The beginning of the use of the services of the website marks the beginning of the contract with regard to the User.

The contract will expire if the Business Provider does not connect to the website for a minimum period of 3 months. The end of this contractual relationship will be effective 7 days after receipt of the information email of this termination sent by the Platform.

After the expiry of this contractual relationship, the Platform may freely pursue its commercial relations with the Prospects presented by the Business Provider. The latter acknowledges that he will not be entitled to any compensation upon termination of this contractual relationship, for any reason whatsoever.

It is also specified that the termination of this agreement, for any reason whatsoever, will entail an obligation on each of the Parties to return, without delay, all documents and data specific to their contracting partner.

Article 11: Absence of exclusivity

Parties do not reserve any exclusivity for each other. Thus, the Business Provider will be free to carry out missions for other companies, including competitors of the Platform. The Platform may also involve other Business Providers.

Article 12: Obligations of the Parties

12.1 Obligations of the Business Provider to the Platform​​

TheBusiness Provider commits to: 

  • To have, within the context of the execution of its activity, the skills and a relational network specific to the Affiliate's field of activity. 
  • Promote and canvass Prospects, while preserving the reputation and brand image of the Affiliate.
  • Not acting in the name and on behalf of the Platform or an Affiliate. In particular, he shall not conclude a contract on the name of the Affiliate or act as its agent. As such, any negotiations conducted by the Business Provider with Prospects may under no circumstances be binding on the Platform or the Affiliate. 
  • Follow up on these Prospects in order to know the Sales Status.
  • Communicate between the 1st (one) and 5th (five) of each month to the Platform the Prospect List, including their identity and the products or services that interested them during the month. précédent. 

 

12.2 Obligations of the Platform to the Business Provider

The Platform commits to: 

  • Communicate information, Content and Materials useful for promoting the products or services showcased on Raiseyour.biz platform.
  • Send between 6th (six) and 10th (tenth) of each month to the Affiliates concerned, the Prospect List and make every effort to promptly collect from the Affiliates the Completed Prospect List, in order to define the amount of the Commission to be received.
  • Pay the amount of the Commission, according to the payment terms stipulated in Article 13.1.
  • Provide the information and justifications sent by the Affiliate, in the case of non-conclusion of a sale following a merger with one or more Prospects presented by the Business Provider, or difficulties in collecting the sums due.

Article 13: Terms of Payment

13.1. Remuneration

In consideration for the services described in these GTU, the Business Provider will receive the Commission indicated on Raiseyour.biz platform.

In the case where the latter has a Network of Business Providers, it will also receive a percentage of the sales commission of its network, according to the remuneration plan.

In order to calculate the amount of his/her remuneration, the Business Provider must provide each month, the Prospect List, stipulated in Article 12.1.

The Company will pay the Business Provider in Euros 35 (thirty-five) days after the end of the month in which the sale was concluded, under the condition precedent that the Company has received the payment from the Affiliate.

In the case of late payment by the Affiliate, the Company commits itself to pay the Business Provider within 48 (forty-eight) hours of receipt of the remuneration.

This Commission constitutes a total, flat-rate and definitive remuneration for all the services provided by the Business Provider under these GTU, without any exception or reservation. 

 

13.2 Terms of payment.

If the Business Provider does not send the Prospect List between the 1st (one) and 5th (five) of the month, it will be processed in the following month.

If the Business Provider has received a commission for an unpaid, cancelled or retracted sale, it will immediately reimburse the Platform for the corresponding amount or agree that the Company may offset any other amount due to the Business Provider, at the Platform's option.

 

13.3 Conditions if fraud

Any sale will be subject to a study of the veracity of the good Connection by the Business Provider. Any Connection that proves to be non-existent or that is contested by an Affiliate will not entail any remuneration. 

The Platform also reserves the right to initiate civil or criminal proceedings. The Platform takes no responsibility in the case of fraud and only the Business Provider is responsible for his/her actions.

Article 14: Fees and Expenses

Each party is entirely responsible for all expenses it makes, regardless of the nature of the expenses associated with the performance of this Agreement. Costs incurred personally by one Party shall not be borne by the other.

The Business Provider shall therefore not be entitled to any other remuneration or compensation or any other payment except the remuneration defined in Article 13.1.

Article 15: Tax Returns

The Business Provider commits to declare its commissions each year. Raiseyour.biz cannot be held responsible for any failure by the Business Provider to pay its taxes, fees or charges of any kind.

Article 16: Responsibility

Although the information published on the website is considered reliable, the website reserves the right to make no warranty as to the reliability of the sources.

The information published on Raiseyour.biz website is provided for information purposes only and is not contractually binding. Despite regular updates, the website cannot be held liable for any changes in the administrative and legal provisions that appear after publication. 

The website declines all responsibility for any viruses that may infect the User's computer equipment after use or access to this website.

The website cannot be held responsible in the case of force majeure or the unpredictable and insurmountable event of a third party.

The full guarantee of security and confidentiality of data is not ensured by the website. However, the website undertakes to implement all the methods required to best do so.

Article 17: Clause of immediate deletion

Following the acceptance of the GTU, as proof of reference date, any loss of income by the Platform due to the conclusion of a direct sale between an Affiliate and a Business Provider, or direct invoicing by the Business Provider to an Affiliate, will result in full compensation for the losses incurred by the Platform and an immediate cancellation of the Business Provider on the platform. In addition, the Business Provider will not be entitled to any remuneration for direct sales.

The deletion shall be definitive and any attempt to re-register under another name shall result in the invalidity or nullity of the Contract. 

An indemnity equal to 5,000 (five thousand) euros, increased by 10 (ten) times the amount of the Commission, will be payable by the Affiliate for any infringement found (direct sale or invoicing), without prejudice to the Platform's right to claim damages.

Article 18: Confidentiality

The Business Provider shall, for the entire duration of the Contract and without limitation after its expiry, preserve the confidentiality of the terms of this agreement. It shall not disclose confidential information concerning the Platform's business, product or service information, except in the case of legal requirements or in order to implement the contractual relationship.

If the Business Provider is a company, it also undertakes to ensure that this confidentiality obligation is respected by all members of its staff, agents, advisors, service providers or co-contractors, for whom it is responsible with regard to the Platform.

Article 19: Applicable law and competent jurisdiction

The Contract is governed by French law. The Parties expressly agree that any dispute that may arise between them as a result of the interpretation, application and/or performance of this Contract and that could not have been settled amicably shall be subject to the exclusive jurisdiction of the courts of the city of Lyon (France).