II. Specific conditions applicable to Service Providers
II.1. Provider Registration
MyBestPro SAS validates the registration of Providers after verifying the information provided by each Provider.
Thus, MyBestPro SAS reserves the right to request additional information, including statements submitted by Providers to tax and social security authorities, taking into account a Provider’s obligations in accordance with legal provisions.
Moreover, the regular outcome of online Transactions may determine the liability of regularisation to managing bodies of social security contributions management organisations (health insurance etc.).
The advisor is informed that providing services on the platform (or any other site or marketplace) in a standard manner makes him subject to reporting obligations, particularly with tax and social authorities. Thus, Transactions on the Platform are likely to result in an obligation to reporting to the tax authorities and may subject the Provider to various taxes such as Value Added Tax (“VAT”) and territorial economic contribution.
The Provider acknowledges being up to date with payment of all taxes, in addition to taxes resulting from Transactions on the Platform.
It is therefore recommended to non-commercial Providers to approach these organisations in order to obtain the relevant information concerning membership criteria and obligations.
WENGO reserves the right to select Providers and to limit the number on the basis of:
- demand from users,
- the performance of the platform,
- technical constraints related to the administration of the Platform.
Each Provider can open a Facebook account that will be powered by the content of his profile page as well as his blog available on the Platform and any other elements. Each Provider agrees to respect the Terms and Conditions applicable to the social network Facebook.
II.2. Providers Obligations
All Transactions that occur through the intermediary of the Platform are concluded directly between the Provider and the User. Consequently, the Provider is solely responsible for the terms of the contract concluded with the User. As such, Providers acknowledge and undertake to abide by the applicable legislative provisions.
The Provider should describe as accurately and precisely as possible the purpose, price and features of the Service offered, prior to any Transaction, based on the indications provided by MyBestPro SAS in the “Service Creation” section.
In general, the Provider guarantees that he is entitled to provide the Services offered in accordance with applicable laws and regulations.
The Provider is liable to Users, MyBestPro SAS, third parties and the competent authorities with regard to any violation of the laws in force applicable to the Services provided.
The Provider acknowledges and undertakes not to use the execution of a Transaction in order to promote services other than those offered on the Platform or to offer electronic communication services in competition with MyBestPro SAS Services. The Provider also undertakes not to promote his personal website as part of services rendered.
II.3. Provider acting as a professional
MyBestPro SAS reiterates that the Providers delivering services on the Platform in a commercial capacity are subject to certain specific obligations, such as registration to the Trade and Companies’ Register, book-keeping in accordance with applicable rules, VAT payment and other applicable taxes.
If the Provider is in a professional capacity, he is required to comply with all rules laid down in consumer protection laws and in particular, the obligations under L. 111-1 and L. 121-18 and to follow French Civil Code applicable to contracts signed online.
Pursuant to article L. 121-18 of the French Consumer Code, the Provider acting in a business capacity must make the following information easily, directly and permanently available to the User:
- For individuals, their surname and forename(s); for legal entities, the registered name, address of residence or place of business, electronic mail address and telephone number,
- If the Provider is subject to register with the trade and company register or commercial register, its registration number, capital, and registered office address
- If the Provider is subject to value added tax and identified by an individual number pursuant to article 286 of the French General Taxation Code, his individual identification number,
- If the Provider’s business is subject to an authorisation procedure, the name and address of the authority having authorised the Provider,
- If the Provider is a member of a regulated profession, the reference to the applicable professional regulations, the Provider’s professional title, the member state in which it was granted and the name of the professional body with which the Provider is registered.
- Payment terms and execution
- The absence of a right of withdrawal for the benefit of the user
- The period of validity of the offer and the price thereof
- The cost of using the means of distance communication, where it is calculated other than at the basic rate
The Provider, acting in a professional capacity, acknowledges that once he habitually carries out Service business on the Platform (or on any other site or marketplace), he is subject to specific reporting and taxation obligations. In the case of a change in status following registration to the Site, the Provider agrees to promptly amend or supplement the information provided during registration. Hence, regularly concluding Transactions on the Platform is liable to result in an obligation to report to the tax authorities and in becoming subject to various taxes such as Value Added Tax or the French local business tax. The Provider acknowledges liability for all taxes resulting from Transactions concluded on the Platform.
II.4. Rules applicable to Advertising
All copywriting, graphical, photographic or sound content describing the Services (“Advertising”) hosted on the Platform (or accessible from it) must respect the undertakings laid down in article I.5. of the Terms and Conditions. MyBestPro SAS outlines that it exercises no editorial control over Advertising but it may however withdraw any Advertising that is unlawful or contrary to the provisions of the Terms and Conditions of which it may become aware, in accordance with the Statement of Moderation.
When necessary, the Provider grants MyBestPro SAS a non-exclusive and free license to use the Advertising in order to enable reproduction and representation on the Platform, on Partner sites, on search engines as well as on affiliate networks. The Provider protects MyBestPro SAS in this respect from any allegations of property rights infringement under the Terms and Conditions defined in the Statement of Moderation.
II.5. Penalties applicable to Providers
Notwithstanding article I.10., where the Provider has failed to fulfill one or more of his obligations, MyBestPro SAS will suspend access to the platform for a maximum of three (3) months. The Provider will be notified of this measure by letter/e-mail.
This shall particularly apply in the case of a Provider engaging in conduct that is prejudicial to MyBestPro SAS, which may constitute an act of unfair competition on the application of Article 1382 of the Civil Code.
The Personal Account of the Provider will be reactivated within a reasonable time from the moment the Provider has sent to MyBestPro SAS evidence that he has put an end to the infringement.
In case of repetition from the Provider, MyBestPro SAS reserves the right to remove, without notice, his Personal Account.
II.6. Agreement of proof
In addition to article I.13., the Provider expressly and conclusively acknowledges that recordings related to remote communications used (including telephone and computer) carried out by MyBestPro SAS have strong probative value both between the Provider and his Users as part of the Transactions between the Provider and MyBestPro SAS. MyBestPro SAS may proceed to such recordings subject to prior notification of the relevant Users.
The Provider expressly authorises MyBestPro SAS to record exchanges made by means of remote communication (including telephone conversations and e-mail exchanges) and expressly accepts that the evidence of his oral and written communications results in the registration of these exchanges by MyBestPro SAS.
III. Specific conditions applicable to Users
The User acknowledges and undertakes to use the Platform in good faith and solely for the purposes of using the Services offered by Providers.
During the process of online Registration, the User is responsible to determine which information will be visible to Members, given that for Transactions conducted in a professional capacity, the User can only recover the Value Added Tax paid if the User’s surname and forename or registered business name appear on the Transaction summary that Users will receive from Providers according to article 1 of the Pricing and Payment Policy and pursuant to French tax legislation.
Any dispute over the quality or conformity of Services must be dealt with according to the Procedure for the Settlement of Disputes policy within six (6) months from the completion of the Transaction.
The User shall not attempt to persuade the Provider with whom the User is in contact to provide Services of unlawful nature or in violation with the Terms and Conditions or as laid down by article II.1 of the Moderation Charter. The Provider is also prohibited from encouraging the User to avail of Services offered by the former outside of the Platform.
The Member agrees to comply with all legal and regulatory requirements as well as all the terms of the Terms and Conditions.