General terms of sale and general terms of use

Article 1 – Purpose and scope of application

TAny Registration and possibly Account Credit (as defined in Article 4 below) implies the unreserved acceptance by the person who registers and possibly credits his or her account (hereinafter the “Client”) of his or her full and complete adherence to the present general terms and conditions and, if applicable, to its special terms and conditions, which shall prevail over any other document, except with the express and prior agreement of our company(i.e. L’Artiste LLC, whose head office is at 1968 S. Coast Hwy #5049, Laguna Beach, California 92651 USA and under the n° 6725040, hereinafter referred to as our “Company”), and by its legal officers.

Any other document than the present general conditions (and if necessary its particular conditions) such as in particular catalogs, prospectuses, advertisements, notices and website of our Company: https://link4rank.com (hereafter our “Website”), has only an informative and indicative value, not contractual.

Our Company may modify these terms and conditions without this constituting a reason for the Customer to terminate the Order, provided that the modified terms and conditions are posted on our Web Site. In this respect, the Client shall consult the general terms and conditions posted on our Web Site at least once a month.

Article 2 – Intellectual Property Rights

Our Company’s trademarks (i.e. all its trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images, videos and logos appearing on our products, their accessories and their packaging, whether registered or not) are and shall remain the exclusive property of our Company. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of our Company, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of our Company.

The Client assigns to our Company the full economic rights on any text that he would create and put online via the digital tools of our Company as part of its Services. The price of the corresponding transfer is directly compensated in the rates charged for our Services. The Assignment covers the rights of reproduction, representation, distribution, adaptation, translation of the works in question, the rights to make additions or deletions, or to incorporate them in whole or in part into any pre-existing work or to be created. It is granted by the Client to our Company for all modes of exploitation, in all places, on all media and whatever the processes of distribution (digital, electronic), and in particular the Internet networks. The rights are transferred for the whole world and for the duration of the protection of the author’s economic rights.

Article 3 – Benefits

Our Company provides the Customer with digital tools to assist him in his netlinking campaign (hereinafter “Services”). Thus, our Company provides the Customer with a catalog of websites allowing him, thanks to the online publication of backlinks, to conduct netlinking campaigns in order to improve the positioning and the visibility of his own website or those of his customers. In order to optimize the use of this catalog, the Customer has, if he wishes, an algorithm of semantic matching allowing him to identify among this catalog, the most relevant spots. Our Website and our Services are exclusively reserved to customers with good knowledge in SEO or natural referencing. Thus, in order to benefit from the Services, the Customer hereby certifies that he/she has: (i) read Google’s SEO guidelines and (ii) mastered the main principles of the functioning of its algorithm and in particular be familiar with the penalties (such as Panda, Penguin…) that Google can impose on a website that does not respect them.

ARTICLE 4 – Orders

It is up to the Customer to select on link4rank.com the Services he wants to order, according to the following modalities:

To place an order, the Customer is invited to enter his personal details (name, first name, address, etc.), then to select the Service according to the payment method he prefers and to indicate his bank details.
By checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website https://link4rank.com, the Customer declares that he/she has read and accepted the present General Terms and Conditions of Sale.

The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website https://link4rank.com constitutes the formation of a contract between the Customer and the Provider.

The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

The Customer will be able to follow the evolution of his order on the site.

Section 5.1 – Completion of the Backlinks Service

In order to be able to manage the service serenely and to guarantee a quality of service for all the customers, these last ones will be executed at month+1 after the subscription.
If the customer subscribes in January, he will receive his first links in February and will be notified by email.
Regarding the life span of the Backlinks deposited on behalf of a customer on the Link4Rank network: they remain in place for a potentially “unlimited” time, and we commit ourselves to guarantee their accessibility for a minimum period of one year.

Article 5.2 – Performance of the PBN Creation Service

In order to be able to manage the service serenely and to guarantee a quality of service for the whole of the customers, these last ones will be carried out gradually on the announced time of the chosen option.
Regarding the life of PBN sites created on behalf of a customer on the hosting managed by Link4Rank: they remain in place for a period of one year and management fees will be paid to renew the management of PBN sites (renewal of domain names, web hosting, plugins, themes …) and we are committed to ensuring their accessibility for a minimum period of one year. The customer will not have administrator access to the sites hosted by our company. The customer will have an access as “editor” to modify the text contents of the PBN site created for his service.
The customer has the possibility of opting for an autonomous management, by its own means and infrastructures, for the hosting of the domain names and the hosting of the sites created for its service.

Article 6 – Liability

The effect expected by the Client of its netlinking campaign carried out using the tools offered by our Company depends on its choices, settings and planning if any, and more generally on the information it provides to our Company. This effect also depends on many external parameters, parameters that are often in constant evolution. Although our Company has developed expertise in managing these parameters, it cannot guarantee a result. Thus, the obligations placed on our Company under the Services constitute an obligation of means (and in no case an obligation of result).

The Client is responsible for the information and content it provides to our Company in the performance of these Services. The Client shall ensure that such information and content complies with the law (and in particular does not infringe the rights of any person). The Client shall indemnify our Company against all consequences of any action, in particular by third parties, arising out of the information and content of any kind provided and put online by the Client or at its request.

The Client acknowledges the limitations and constraints of the Internet. Any technical problem of operation or access to our Services shall not give rise to any compensation of any kind whatsoever. As such, our Company reserves the right to interrupt access to the Services in order to carry out a technical intervention to improve the functioning. Our Company cannot guarantee the compatibility of our Website and the digital tools made available with the hardware (and its software) used by the Client.

Our Company cannot be held responsible for any decrease in traffic or loss of position of a site belonging to the Client or that of a third party on whose behalf the Client acts. More generally, our Company cannot be held responsible for damages and/or prejudices, direct or indirect, material or immaterial, or of any nature whatsoever, resulting from the execution of our Services (including the sole Registration and consultation of our Website). This includes, for example, a loss (even permanent) of data. In this respect, the Customer certifies to take all useful measures to ensure the backup/copy of any data directly or indirectly concerning him. The Customer also agrees not to damage the integrity of the server hosting the Services, in particular by using programs and/or files infected by any program that may disrupt its operation. The Customer is solely responsible for this type of attack and the damage that could result from it. The restoration of the server may be subject to financial compensation to our Company and/or other customers having their portal hosted on the same server.
In any case, if the responsibility of our Company is recognized by a judge, the amount of damages claimed in this regard shall not exceed the amount received by our Company in return for the disputed Services.

Article 7 – Payment – Method of payment

Prior to any payment, the Customer will have to register/login and then, when he/she arrives at his/her account, will have to click on “Credit my account”. On the following page, the Customer must complete/validate the billing parameters, specify the amount of the credit to be credited to the account, select the method of payment (credit card, bank transfer or Paypal) and read and accept -by checking the corresponding box- the present general terms and conditions of sale. If the credit card payment method has been selected, the secure payment page will appear. The Customer will then have to click on “Pay” and, when a new page appears, he will have to specify the type of credit card, indicate the information relative to this card and validate the payment operation. This payment will be made via the STRIPE company, whose general terms and conditions can be found at the following address: https://stripe.com/fr/legal. If the payment method by bank transfer has been selected, a page will appear indicating the terms of this payment. The subscription or the service will only be effective once our Company has received the corresponding monthly amount.

All applicable rates are available on the Website. These rates are expressed in euros excluding taxes.

These rates may be revised at any time. Any change in rates will be automatically applicable on the date indicated on the new rate.

Following the membership, an invoice is issued.

Any amount not paid by the due date indicated on the invoice will give rise, without prior notice, to: (i) the payment by the Customer of penalties set at the legal interest rate increased by 3 points which will be automatically debited from the Customer’s account and (ii) a collection fee in addition to the late payment fee of €40. In addition, in the event of legal action or any other action for the collection of debts by our Company, the costs of summons, legal fees, as well as lawyer’s and bailiff’s fees, and all related costs shall be borne by the Customer, as well as the costs related to or arising from the Customer’s failure to comply with the payment terms.

Article 8 – Suspension/Cancellation

8.1 Cancellation at the initiative of our Company

Our Company reserves the right to suspend or cancel the execution of its service in case of force majeure or fortuitous events. Are considered as force majeure or fortuitous events, the events independent of the will of the parties, that they could not reasonably be required to foresee, and that they could not reasonably avoid or overcome, insofar as their occurrence makes the performance of obligations totally impossible. In particular, the following are considered to be cases of force majeure or fortuitous events that relieve our Company of its obligation to perform the service within the timeframe initially planned: strikes by all or part of our Company’s personnel or its usual carriers, war, epidemics. In this case, no compensation will be due to the Client. Our Company will warn, by any means, the Client as soon as possible.

Our Company also reserves the right to suspend or cancel the execution of its service in the event of non-payment (even partial) on the due date by the Client. In this respect, our Company may withdraw from the Internet all links and publications placed online as part of the Client’s campaigns, including those placed online as part of previous campaigns, even if the latter have been fully paid by the Client.

8.2 Cancellation at the Client’s initiative

The customer can request via contact@link4rank.com to interrupt the payment of his subscription at ANY time, however no retroactive refund is possible. The current month paid will be done, the interruption of the service will take place at the next due date.

Article 9 – Personal data

Certain information is mandatory and necessary for the processing of the Client’s request. The absence of a response to a mandatory field is likely to compromise the good follow-up of the Customer’s file. The personal information communicated is recorded in a computerized file by our Company. We will only process or use the Client’s data insofar as it is necessary to contact the Client, process his/her requests, and create and manage his/her user profile. The Client’s personal information will be kept for as long as necessary until the performance of our services, unless: (i) the Customer exercises his or her right to delete his or her data, as described below; (ii) a longer retention period is permitted or imposed under a legal or regulatory provision. During this period, we shall put in place all the necessary means to ensure the confidentiality and security of the Customer’s personal data, so as to prevent, as far as possible, their damage, deletion or access by unauthorized third parties. Access to personal data is strictly limited to our staff and, where applicable, to our subcontractors. Such subcontractors are subject to an obligation of confidentiality and may only use the Customer’s data in accordance with our contractual provisions and the applicable legislation. Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to the Customer’s data without the Customer’s prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

In order to offer its services effectively, our Company may use cookies. The Client is informed that, in application of the French Data Protection Act, he/she may oppose the use of cookies by configuring his/her computer or mobile terminal. However, as cookies are essential to the proper functioning of the service, their deactivation could make it impossible to access the Services. For more information on cookies, the Customer is invited to consult the CNIL website at the following address: http://www.cnil.fr or consult the help and documentation of their Internet browser.

Article 10 – Newsletter

Registration implies acceptance to receive any newsletters from our Company. The unsubscription to them can intervene at any time at the request of the Customer.

Article 11 – Advertising

Unless otherwise expressly stated by the Client, our Company reserves the right to mention the Client (its corporate name, sign, trade name and/or logo) in its advertising (communication documents, website, portfolio, brochure, etc.) and during its commercial prospecting.

Article 12 – Correspondence

Any correspondence will only be binding on our Company if it is addressed by mail to: L’Artiste LLC 1968 S. Coast Hwy #5049, Laguna Beach, California 92651 USA.

Any correspondence addressed to the Client is deemed to have been received by him when it is addressed to the e-mail address declared by him when registering for the Services.

Article 13 – Privacy

Our Company undertakes to maintain the strictest confidentiality with regard to any information obtained in the course of performing its services.

Article 14 – Waiver

The fact that our Company does not avail itself at a given time of any of the clauses hereof shall not constitute a waiver of the right to avail itself subsequently of these same clauses.

Article 15 – Nullity

If any of the provisions of these terms and conditions should be invalidated, such invalidity shall not entail the invalidity of the other provisions which shall remain in force between the parties.

Article 16 – Jurisdiction

Any dispute concerning the application of these general conditions and their interpretation, their execution and the sales contracts concluded by our Company, or the payment of the price, will have to be the subject of a preliminary research of amicable exit by the way in particular of a conciliation. In the absence of such an amicable outcome, the dispute(s) will be brought before the commercial court on which depends the company L’Artiste LLC (USA NM.), whatever the place of the Credit in Account, of the delivery, and of the payment and the method of payment, and even in case of appeal in guarantee or of plurality of defendants. The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or a summary proceeding.

Article 17 – Applicable law

Any matter relating to these terms and conditions and the sales governed by them which is not covered by these contractual provisions shall be governed by United States law (USA NM) to the exclusion of all other laws.