BETWEEN :

ADINTIME, « société par actions simplifiées » under french law, with a capital of 819,285 euros, headquartered at 10 Rue de Penthièvre – 75008 Paris, registered with the Paris Trade and Companies Register under number 808 943 583, represented by its Chairman, duly empowered, Erick Gommeaux.

Company hereinafter referred to as " ADINTIME "

AND

Any company incorporated as a trading company or as an individual, duly registered in the Trade and Companies Register and duly represented by its legal representative.

Company hereinafter referred to as the " Advertiser ",

Hereinafter referred to together as the " Parties " or separately as the " Party ".

IT HAS BEEN PREVIOUSLY EXPLAINED THAT:

1. ADINTIME is a media agency that provides communications consulting, media buying and media project management services to advertisers. As part of this activity, ADINTIME has also developed a digital platform designed to facilitate the follow-up and management of customer files, and to put advertisers in touch with advertising agencies.

2. The Advertiser is an established independent professional who wishes to benefit from the services of the ADINTIME platform in order to promote its activities, products and services through the purchase of advertising space.

3. By subscribing to these General Terms and Conditions, the Advertiser declares that he has read and accepted the general terms and conditions of use of the services available online at https://adintime.com/fr/.

IT HAS BEEN AGREED AS FOLLOWS: 

Article 0 - Definition

• Advertiser Management Interface: refers to the Advertiser's personal account from which he/she can manage his/her personal information, track his/her requests for quotes from Adintime or the Advertising Agencies, track his/her advertising campaigns and, more generally, communicate all useful documents to his/her contacts.

• Advertising Space: refers to all media referenced on ADINTIME, including but not limited to press, billboard, radio, TV, digital display, social media and mobile applications, marketed by the Advertising Agencies via the Platform.

• Data: refers to the information entered in Advertisers' personal accounts, under their full and entire responsibility, and stored on the servers administered by ADINTIME.

• Régie Quotation : refers to the written document sent by the Régie in response to a request from the Advertiser for the purpose of concluding Business.

• ADINTIME Quotation: means the written document by which ADINTIME offers the Advertiser a detailed statement for the provision of media agency services.

• Contract or General Terms of Service: means the present general terms and conditions of membership of the ADINTIME Platform.

• General Conditions of Use or GCU: refers to the general conditions of use governing access to and use of the Website, available at the URL address https://adintime.com/fr/ and which may be revised or modified at any time by ADINTIME.

• Access Code: refers to the "identifier/password" pair used by the Advertiser to authenticate himself and access his Management Interface.

• Deal: refers to any contract for the sale of Advertising Space for the implementation of an Advertising Campaign concluded between the Management Company and an Advertiser through the intermediary of the Platform, and evidenced by the signature of the Quotation.

• Mandate : refers to the mandate contract concluded between ADINTIME and the Advertiser in application of article 20 of the Sapin law, in the event that the Advertiser chooses to benefit from ADINTIME's media agency services.

• ADINTIME plateform or Platform: refers to the technical platform operated by ADINTIME for managing and connecting Advertisers and Advertising Agencies, available at https://adintime.com/fr/.

• Regie : refers to any entity that offers Advertising Space for sale to Advertisers for the purpose of displaying advertisements.

• Services: refers to all services provided by ADINTIME, including but not limited to the provision of the ADINTIME Platform, which facilitates contact between Advertisers and Advertisers for the sale of Advertising Space.

• Site : refers to the Internet site owned by ADINTIME, including all documents or pages connected by hypertext links, registered under the URL address https://adintime.com/fr/.

• User: refers to any individual or legal entity, including Advertisers and Advertising Agencies, but also any person who has not opened an account on the Site, but who may consult it.

Article 1 - Purpose

The purpose of this Agreement is to define the terms and conditions under which ADINTIME provides the Advertiser with Services to facilitate the purchase of Advertising Space by the Advertiser from Advertising Agencies (i) either through dedicated support by ADINTIME, (ii) or through direct contact between Advertisers and Advertising Agencies via the ADINTIME Platform.

Article 2 - Registration - Subscription to Services

2.1.     How to register

Registration on the ADINTIME Platform is carried out free of charge online on the Site, following the Advertiser's request, the completion in good faith of the information requested on the registration form available on the Site, and the validation of the Advertiser's registration by ADINTIME.

In order to benefit from the full range of Services, the Advertiser declares that he has read the General Terms and Conditions of Service and the General Terms and Conditions of Use in force on the date of signature of the present Contract, and undertakes to comply with them. In this respect, the Advertiser is reminded that the General Terms of Services and the General Terms of Use may be revised or modified at any time, at ADINTIME's discretion under the conditions set forth in article 12.4 hereof, which the Advertiser acknowledges and accepts.

For the Advertiser's registration request to be effective, the Advertiser must provide ADINTIME with the following information, without this list being exhaustive:

• Name

• First name(s)

• Company name

• Full address of company headquarters

• Business telephone number

• E-mail address

• Position within company

• Company sector

After having filled in all the required information, and subject to ADINTIME's right of inspection in accordance with the provisions of article 2.2 of the present Contract, the Advertiser will confirm his adhesion to the Platform by signing the present Contract, which materializes without exception or reservation his submission to the rules of use appearing in the present Contract, as well as to ADINTIME's commitments contained therein. The Advertiser is therefore deemed to have accepted the application of all the rules stipulated herein, as well as those which may be present in any document available on the Website, integrated into the present Contract by reference, and which govern its relationship with ADINTIME and the Advertisers for the duration of the present Contract.

It is specified that all the information requested by ADINTIME is essential for the validation of the Advertiser's registration on the Platform, and that ADINTIME reserves the right to refuse the registration of an Advertiser who does not transmit all the information and documents required for his registration on the Platform.

2.2.     Advertiser selection and ADINTIME's right of review

In order to guarantee qualified contacts to all Platform Users, ADINTIME selects the Advertisers present on the Platform by taking into account, in particular, their professional quality. Furthermore, Advertisers are informed that they must be able to solicit quality requests and that ADINTIME reserves the right to block any request that is not considered professional.

For each registration request made by an Advertiser, ADINTIME has a right of review and reserves the right to refuse any request for registration on the Platform for any reason whatsoever, and in particular, without this list being exhaustive, in the event (i) of an individual or legal entity not agreeing to comply with these General Terms of Service, as well as the General Terms of Use, or failing to complete the registration forms in full or in good faith (ii) a person who has already been excluded from the Site, (iii) a person whose behavior is not in keeping with the normal and correct behavior of a user on an Internet platform, without these elements constituting exhaustive causes.

2.3.     Access to Services via the Management Interface

2.3.1.                 Availability

The Advertiser accesses his personal account by activating the connection parameters (e-mail address and password chosen by him at the time of registration), which are activated as soon as ADINTIME validates his registration on the Site.

It is the Advertiser's responsibility to check the validity of the e-mail address communicated in the registration form, insofar as this e-mail is an identification element of the Management Interface, and to check the filtering rules of his e-mail in order to prevent e-mails sent by ADINTIME from being treated as SPAM. In the event of an erroneous e-mail address, or failure to check the filtering rules, the Advertiser may not be able to access his account, for which ADINTIME is not responsible.

2.3.1.                 Responsibility for connection parameters

Each Advertiser is obliged to maintain the confidentiality of his connection parameters (login and password). Advertisers are prohibited from assigning, lending or transferring their Access Codes to any third party or allowing any third party to connect to their account. The Advertiser remains responsible for all uses that may be made of his account, whether or not he has actually or expressly authorized them.

The Advertiser further undertakes to :

- immediately notify ADINTIME in the event of misuse of their connection settings or account, or in the event of any other breach of security;

- ensure that they have logged out of their account at the end of each session via the "Logout" link provided for this purpose.

Article 3 - ADINTIME Services

Any User of the Site has access to all offers for the purchase of Advertising Space referenced on the Platform. However, the Advertiser acknowledges and accepts that access to ADINTIME's Services as described below requires registration in good and due form validated by ADINTIME.

Thus, for any offer to purchase Advertising Space for which the Advertiser would like to obtain a quotation, the Advertiser will have the possibility of requesting assistance from ADINTIME as a media agency or of being put in contact directly with the Agency concerned.

3.1.     Support for ADINTIME as a media agency

For any request from an Advertiser for support from ADINTIME as a media agency in the purchase of Advertising Space, ADINTIME will contact the Advertiser directly via the Platform, or by any other means in order to determine the Advertiser's needs.

Following this initial contact, ADINTIME will send the Advertiser an ADINTIME Quotation detailing the services offered. The ADINTIME Quotation is valid for 10 (ten) working days from the date on which it is sent to the Advertiser. After this period of 10 (ten) working days without acceptance by the Advertiser, ADINTIME may modify all or part of the initial quotation, which may result in the issue of a new ADINTIME Quotation, valid for a further period of 10 (ten) working days.

In the event of validation of the ADINTIME Quotation by the Advertiser, the Advertiser acknowledges and accepts that the definitive validation of ADINTIME's intervention is subject to the conclusion of a Mandate contract between the Advertiser and ADINTIME in accordance with article 20 of law n°93-122 of January 22, 1993 relating to the prevention of corruption and the transparency of economic life and public procedures known as the “Sapin Law” (hereinafter “ Sapin Law ”). To this end, ADINTIME will send the Advertiser a Mandate contract for signature, containing all the elements relating to the commitment entered into. The Advertiser acknowledges and accepts that ADINTIME's services cannot begin without the signature of this Mandate contract.

The Customer acknowledges and accepts that validation of this contract is irrevocably binding. In the event of cancellation of the order by the Advertiser after signature of the order form, for any reason whatsoever other than force majeure and prior to the commencement of the services, any deposit paid at the time of the order shall be automatically forfeited to ADINTIME and shall not give rise to any reimbursement whatsoever.

In any case, no cancellation will be valid ninety (90) days before the start of the scheduled campaign. During this period, if cancellation is requested by the Advertiser, the full amount of the order will be due to ADINTIME. If cancellation is requested by ADINTIME, the Advertiser may be entitled to compensation of an equivalent amount.

No Order may be modified without the express prior written consent of ADINTIME, it being understood that ADINTIME reserves the right not to accept the requested modification for any reason whatsoever. This agreement and express waiver of the Advertiser's right of withdrawal takes place when the quotation is signed with the words “good for acceptance”.

3.2.     Regie contact service

For any request from an Advertiser for direct contact with an Agency to obtain an Advertising Agency Quotation, the Agency concerned will receive a notification relating to the request for an Advertising Agency Quotation with all the information communicated by the Advertiser at the time of his request. The Advertiser will receive an e-mail notification informing him of the transmission of his Quotation request.

As soon as the Management Quotation is received, the Advertiser will receive an e-mail notification, and will be able to consult the said Quotation directly in his Management Interface. It will then be up to the Advertiser to conclude a Business Agreement with the Agency if the proposed terms are acceptable to him.

The Advertiser undertakes to interact solely via the Platform, and not to enter into direct contact with the Agency.

In the context of the provision of the service of establishing contact with the Advertising Houses, it is specified that ADINTIME only provides Services for the provision of its Platform, and only intervenes for the purpose of offering a digital platform enabling an Advertiser to be brought into contact with an Advertising House. ADINTIME does not intervene at any time in the contractual relationship between the Advertiser and the Advertising Agency, and merely connects Advertisers and Advertising Agencies via the Platform, which Users acknowledge and accept. ADINTIME cannot be held liable for any difficulty or dispute arising between Advertisers and the Agency.

Article 4 - Content and functionalities of the Management Interface

4.1.     General

ADINTIME holds no ownership rights to the Data provided by the Advertiser. The Advertiser is solely responsible, and not ADINTIME, for the accuracy, quality, legality, reliability, appropriateness and intellectual property rights of all Advertiser Data. ADINTIME shall only be liable for the deletion, correction, destruction, damage, loss or failure to store any Data which results from its direct fault and which is not the consequence of the application of a court order or ADINTIME's breach hereof.

In the event of termination of this Agreement, ADINTIME undertakes to delete the Advertiser's Data within 30 (thirty) days of termination and to return to the Advertiser, upon request made before said deadline, the backup copy containing said information.

4.2.     Management interface features

By creating a Management Interface on the Site, the Advertiser benefits from a certain number of functionalities from his personal space.

Ø  Tracking requests for ADINTIME or Régie Quotations

Via his Management Interface, the Advertiser will benefit from direct access for the follow-up of his requests for Quotation to ADINTIME or the Agency. They can also communicate with ADINTIME or the Agency, and ask any useful questions via the Platform.

Ø  Dashboard

Via its Management Interface, the Advertiser will have direct access to the follow-up of advertising campaigns, and in particular to the report made in the month following the broadcast of the advertising message (i) either by ADINTIME in the case of the conclusion of a Mandate for the purposes of ADINTIME's support as a media agency, (ii) or by the Régie, and in accordance with article 23 of the Sapin Law.

Likewise, the Advertiser will be directly informed via his Management Interface in the event of any modification to the conditions of broadcasting of the advertising message.

Ø  Document sharing

The Advertiser may access all contractual documents generated for the purchase of Advertising Space via its Management Interface.

4.3.     Technical support

The Advertiser has access to technical support via the account management interface. ADINTIME undertakes to respond to the Advertiser's request within a maximum of 48 hours on working days.

Article 5 - Duration

This Contract is entered into for an indefinite period from the date of final validation by ADINTIME of the Advertiser's registration on the Platform.

Article 6 - Advertiser's commitments

6.1.     Fair use of the Platform

The Advertiser undertakes to make fair use of the Platform, and not to circumvent the Platform and its Services. In particular, once the Advertiser has used the Platform to establish contact with an Advertising Agency, the Advertiser undertakes not to enter into any direct or indirect agreement with the Advertising Agencies. In general, the Advertiser undertakes to cooperate in good faith with ADINTIME and with the Agency, and to provide all information and elements necessary for the proper execution of the advertising campaign.

When using the Platform, the Advertiser undertakes not to extract any content from the Platform for a similar or competing activity, or for recruitment purposes.

6.2.     Advertiser's representations and warranties

The Advertiser expressly declares that it is able to enter into this Agreement without being prevented from doing so by any other commitment, in particular any contractual or corporate commitment, and that it has all the necessary authorizations for this purpose.

The Advertiser undertakes to inform ADINTIME without delay of any change in his situation, and in particular of any change which would place him in a situation preventing him from continuing with the present Contract. Furthermore, the Advertiser undertakes to transmit all useful information to ADINTIME, including that of which he may have become aware by chance, in order to enable it to fulfil the mission entrusted to it.

The Advertiser declares that all information provided to ADINTIME is accurate.

ADINTIME cannot be held responsible in any way for information of which the Advertiser could have been convinced himself.

Article 7 - ADINTIME's commitments

In addition to its obligations under the various stipulations of this Contract :

-        ADINTIME undertakes, by virtue of an obligation of means, to preserve the integrity and security of the information provided by the Advertiser, according to their degree of confidentiality. However, as ADINTIME is not responsible for the information provided, which is the sole responsibility of the Advertiser, ADINTIME shall not be held liable for its accuracy or for the infringement of any third party rights.

-        ADINTIME undertakes to transmit to the Advertiser, as soon as possible, all information relating to the Business concluded with the Agency.

-        ADINTIME undertakes to act as an interface between the Advertiser and the Advertising Agencies in order to keep them respectively informed of the status of the Business in progress.

Article 8 - Financial flows

8.1.     Remuneration of ADINTIME as media agency

In return for the performance of ADINTIME's services as a media agency, the Advertiser undertakes to pay ADINTIME's remuneration in accordance with the terms and conditions set out in the ADINTIME Quotation and the Agency Agreement concluded between the Advertiser and ADINTIME in accordance with the Sapin Law.

The Advertiser is informed that prices are expressed in euros excluding taxes, and that a deposit may be requested by ADINTIME upon signature of the Mandate in accordance with the terms and conditions set forth in the ADINTIME Quotation and the ADINTIME Mandate contract.

8.2.     Remuneration of the Régie

As part of its relationship with the Agency, and in return for the purchase of Advertising Space from the Agency, the Advertiser shall pay the Agency in accordance with the terms agreed in the Agency Quotation.

No payment is made via the Platform, and the Advertiser is solely responsible for complying with its obligations under the Advertising Agreement.

Article 9 - Liability

Under the terms of this Contract, the Advertiser acknowledges and accepts that it is responsible for all activities carried out via its Management Interface, and undertakes to comply with all laws and regulations applicable to its relations with ADINTIME and the Régie, and in particular with the Sapin law. In this respect, for any support of ADINTIME as a media agency, the Advertiser acknowledges and accepts that the signature of the present contract must be accompanied by the separate conclusion of a Mandate contract with ADINTIME.

Within the framework of the relationship between the Advertiser and the Agency, it is reminded that ADINTIME intervenes solely for the purposes of making the Platform available in order to facilitate the relationship between the Advertiser and the Agency. In this respect, ADINTIME cannot be held responsible for any difficulties encountered in the relationship between the Advertiser and the Agency.

In general, ADINTIME's liability is limited to its scope of intervention in the performance of the present Contract. In this respect, ADINTIME will only be liable for direct and foreseeable prejudice resulting from a breach of its obligations under this Contract and in proportion to its duly proven fault.

In this respect, it is specified that :

• ADINTIME in no way guarantees that (i) the Platform will meet all of the Advertiser's requirements, (ii) that the Platform will be permanently available without interruption or without error ;

• ADINTIME shall not be held liable, either civilly or criminally, in the event of any misrepresentation by the Advertiser or the Agency, in particular with regard to their skills and competence;

• ADINTIME shall not be held liable for damages caused by errors, mistakes or omissions committed by the Advertiser or the Agency, or in the event of use of the Website in a manner not provided for or not authorized by the present Contract ;

• ADINTIME shall in no event be liable to the Advertiser for indirect or incidental damages, such as those listed below: economic and commercial prejudice, loss of clientele, operations or profits, whether foreseeable or unforeseeable, revenue, opportunity or anticipated savings, loss or deterioration of intangible property or data or business interruptions, and ADINTIME shall in no event be liable for damages and losses originating from a fault attributable to the Advertiser or the Agency, or to a third party.

Article 10 - Termination

10.1.  Reciprocal freedom to terminate during the term of the Contract

As the present Contract is concluded for an indefinite period, it may be terminated by either Party at any time without just cause. Advertisers may unsubscribe at any time, from their account on the Platform or by sending a request to this effect to ADINTIME by e-mail to the following address: contact@adintime.com

The Advertiser is hereby informed that unsubscription will be effective within a maximum of 7 (seven) days from the date of this request and automatic deletion of the Advertiser's account, provided that no services are in progress with ADINTIME and/or the Advertising Agencies. In the latter case, the final closure of the account will only take place once the current assignments have been completed, in accordance with article 11 hereof.

10.2.  Immediate termination for serious misconduct

The Parties agree that the following breaches by a Party of its contractual obligations constitute serious misconduct justifying the termination of the present Contract by simple notification by registered letter with acknowledgement of receipt without prior formal notice and without notice from the aggrieved Party to the defaulting Party:

- Use of the Platform for purposes other than the present Contract;

- Denigration of ADINTIME;

- Misrepresentation of information provided by the Advertiser when registering on the Site;

10.3.  Termination for misconduct not fully remedied

10.3.1.              Termination at ADINTIME's initiative

The present Contract may be terminated by ADINTIME in the event of non-performance by the Advertiser of one or more of the obligations contained in the Contract, and in particular, without this list being exhaustive, in the event of non-compliance with the General Terms of Services and the General Terms of Use, or in the event of unresolved or unaddressed complaints or claims by the Advertising Agencies.

Termination will become effective within 30 (thirty) working days following receipt by the Advertiser of a registered letter with acknowledgement of receipt, setting out the breaches observed by ADINTIME, unless, within this period, the Advertiser has fulfilled its obligations or has provided proof of an impediment resulting from a case of force majeure.

In all cases, ADINTIME is entitled to suspend the Advertiser's access to the Management Interface until the Advertiser's situation has been remedied within the allotted time or, failing this, until definitive termination of the present Contract. The exercise of this termination option does not exempt the Advertiser from fulfilling the obligations contracted up to the effective date of termination.

10.3.2.              Termination at the Advertiser's initiative

This Agreement may be terminated by the Advertiser in the event of non-performance by ADINTIME of one or more of the obligations contained in the Agreement, including but not limited to failure to provide the Services under this Agreement, or use of the Advertiser's data for purposes other than this Agreement.

Termination will become effective within 30 (thirty) working days following receipt by ADINTIME of a registered letter with acknowledgement of receipt, setting out the Advertiser's failings, unless, within this period, ADINTIME has fulfilled its obligations or provided proof of an impediment resulting from a case of force majeure.

Article 11 - Consequences of termination of contractual relations

At the end of the notice period, and subject to the completion of any current assignment, ADINTIME will close the Advertiser's account, which will no longer be accessible.

In the event of termination for negligence on the part of the Advertiser, ADINTIME may refuse to allow the Advertiser, author of the violation in question, to benefit from the Site's Services in the future, without prejudice to any compensation that may be claimed by ADINTIME.

Upon termination of the Contract, each Party undertakes to return to the other Party all elements transmitted to it for the proper performance of the present Contract, whether they are confidential information or intellectual property rights, subject to the specific provisions agreed between the Parties.

Article 12 - Common provisions

12.1.  Intuitu personae

This Agreement is entered into intuitu personae in consideration of the respective qualities of the Parties. It may not be assigned, transferred or transmitted for any reason whatsoever, directly or indirectly, in whole or in part, whether in return for payment or free of charge, without the express prior written consent of ADINTIME.

12.2.  Force majeure

Any event having the characteristics of force majeure within the meaning of article 1218 of the French Civil Code may justify non-performance of its obligations by the Party invoking it. It is agreed between the Parties that the following events constitute a case of force majeure, without this being exhaustive: fire, flooding, war, riots, attacks, embargoes, blockage of means of transport or supply for any reason whatsoever, governmental or legal restrictions.

As soon as either of the Parties becomes aware of an event likely to prevent performance of the Contract, it shall notify the other as soon as possible. Accordingly, the Parties shall use their best endeavors to prevent the event of force majeure or the risk of such an event occurring from jeopardizing the proper performance of the Contract.

If the event of force majeure lasts for more than one month, and the Parties are unable to remedy the situation, either Party may terminate the present Contract by notifying the other Party by registered letter with acknowledgement of receipt.

The Parties declare that they are fully aware of the health crisis linked to the Covid-19 epidemic, and of the direct or indirect effects that this crisis is likely to have on the proper performance of the Contract. Consequently, the Parties agree that in the event of confinement, quarantine or any other restrictive measure taken by the government as a result of the Covid-19 epidemic, the Advertiser may not invoke these events to suspend performance of its obligations. Most of the Advertiser's obligations under this Contract are performed remotely. Should these measures prevent the Advertiser from fulfilling its obligations, the Advertiser will inform ADINTIME without delay, and the Parties will discuss the matter with a view to finding an alternative solution.

12.3.  Intellectual property rights

Each Party remains the owner of its trademarks, designs, logos and other models.

The present Contract does not imply any assignment, transfer or authorization to exploit and/or use, in any form whatsoever, the intellectual property rights belonging to either of the Parties. In particular, nothing in this Agreement shall imply for the Advertiser any assignment, license or transfer of any kind whatsoever of the intellectual and industrial property rights belonging to ADINTIME, which shall remain the exclusive owner thereof.

Access to the Services is exclusively limited to the Advertiser's use under the conditions and within the limits defined in the present General Terms of Services.

Thus, the Advertiser acknowledges and accepts that the use granted by ADINTIME for access to its Services and their content excludes, in particular, access to the Services with a view to reproducing, reselling, exchanging, renting, modifying, adapting or correcting, whether free of charge or in return for payment, all or part of the Website, the Services and their content.

12.4.  Modification of the General Terms of Service and the General Terms of Use

ADINTIME reserves the right to modify these General Terms and Conditions of Service and the General Terms and Conditions of Use, in particular to take into account functional modifications to the Platform, modifications imposed by legal or regulatory obligations, or to deal with unforeseen and imminent danger in order to protect user companies against fraud, malware, data breaches, spam or other cybersecurity risks. In this case, ADINTIME will notify the Advertiser by e-mail of the changes concerned, so that the Advertiser can take them into account.

The Advertiser may, if it so wishes, terminate the present Contract in accordance with the conditions set out herein.

12.5.    Personal data policy

Each Party acknowledges that it is aware of the legal and regulatory obligations incumbent upon it under the Personal Data Law and in particular the General Data Protection Regulation (RGPD) n°2016/68, the French Data Protection Act of January 6, 1978 in its latest version, the G29 guidelines, the recommendations of the French Data Protection Authority (Commission nationale de l'informatique et des libertés) and case law, and shall ensure that it is kept informed of changes in regulations throughout the term of this Contract and complies with them.

As part of the performance of this Contract, and the creation by the Advertiser of his account on the Platform, the Advertiser consents to the collection and use of his data collected by ADINTIME for the purposes of benefiting from the Services.

12.6.  Confidentiality

Each of the Parties undertakes to treat as confidential and not to disclose to any third party, except at the request of a government authority and except for the purposes of their defense in the event of litigation relating to the present Contract, any documents or information relating to the other Party which may be transmitted to it or of which it may become aware in the context of their business relationship.

In particular, the Advertiser undertakes to maintain absolute confidentiality with regard to all information relating to the Site of which it may become aware in the performance of this Contract, as well as with regard to ADINTIME's commercial methods for the purpose of promoting the Site.

The obligations of the present article will remain in force for the entire duration of the Contract and for a period of two (2) years from the end of the present Contract, for any reason whatsoever.

It is expressly agreed between the Parties that the transmission of Confidential Information under the terms of this Agreement shall in no way be construed as conferring, expressly or by implication, any ownership right whatsoever (under the terms of a license or by any other means) over the Confidential Information transmitted or over any existing or future intellectual property or other right relating to the Confidential Information, with the exception of the right to use the Confidential Information solely for the purpose of fulfilling the object of this Agreement.

12.7.  Tolerance

By express agreement between the Parties, the fact that a Party hereto does not insist that the other Party perform one or more of its obligations shall not be construed as a waiver by such Party of any clause or right whatsoever.

12.8.  Insurance

The Advertiser certifies that it holds an insurance policy guaranteeing the pecuniary consequences of its civil liability in the event that it should be incurred, and intended to cover its activities under the present Contract for a sufficient amount.

12.9.    Convention of proof - notifications

12.9.1.              Convention of proof

The Advertiser acknowledges that the recordings and saves (including any connection data) made on the Site (hereinafter the "Electronic Documents") will have full evidential value between the Advertiser and ADINTIME. Accordingly, the Electronic Documents (including their date and time) shall be binding between the Parties to any dispute.

The Advertiser acknowledges, in its contractual relations with ADINTIME, and consequently with the Advertising Agencies, the validity and probative value of e-mails and information entered on the Advertiser's account. Likewise, order forms, ADINTIME Quotations or Advertising Agency Quotations, available on the Advertiser's personal space, are opposable to the Advertiser as elements of proof.

12.9.2.              Notification system

In order to maintain an efficient and loyal collaboration, and unless otherwise stipulated in one of the clauses of the present Contract, exchanges between the Parties may take place by any means, in particular by electronic mail to the e-mail addresses mentioned in their correspondence, invoices, or in any other document, but also via the dedicated management Interface.

12.10.  Disputes

In the event of any dispute relating to the performance of this Contract, the Advertiser shall first contact ADINTIME in order to attempt to reach an amicable solution. Any complaint must be notified by the Advertiser by e-mail to ADINTIME using the form provided for this purpose on the Site.

12.11.  Applicable law

This Agreement shall be governed by and construed in accordance with French law.

12.12.  Jurisdiction

All disputes to which this Contract may give rise, whether concerning its formation, validity, performance, interpretation, termination, or more generally concerning any other matter, shall be submitted, unless previously agreed, to the Commercial Court of Paris.