General Conditions

General Conditions

These General Terms and Conditions of Sale, hereinafter referred to as the « GTC », have been entered into between the Disinfluence SAS (the « Company »), a simplified joint stock company with a capital of € 3,760 whose registered office is located at 1 Rue René Hersin, 49240 Avrillé, France, and you (the “ Advertiser ”).

They form an integral part of the sales contract(s), also referred to as an Insertion Order agreed between Disinfluence and the Advertisers who wish to acquire leads.


Disinfluence will provide Advertisers with an offer to generate online advertising campaigns based on its expertise in order to be able to generate leads which will be sold to them without being bound by any obligations.


The following terms have the meanings attributed to them as stated below for the purposes of this Agreement:

CPL: cost per lead;

Personal data: refers to any information relating to an identified or identifiable living person;

Collection form: refers to the data collection form compiled by the Company into an Ad/Landing Page in order to generate Leads;

Lead: designates a contact sent to the advertiser who has been identified as a Qualified Lead

Each type of lead has a varying level of qualification:

Raw Lead: refers to an Internet user who has identified him or herself via a data collection form after having completed an information and quote request form and who has explicitly requested contact with a professional and who presents himself by clicking on the option to link the Site (request for a quote, request for a callback)

Qualified Lead: Refers to an Internet user who has identified him or herself via a data collection form following after having completed an information and quote request form and who has explicitly requested contact with a professional and who presents him or herself by clicking on the option of linking the Site (request for a quote, request for a callback) and whose data has been verified by a telephone advisor.

Shared Lead: Lead sold to several advertisers

Exclusive Lead: Lead sold exclusively to the professional

Third country: means any country outside the territory of Member States of the European Union, the European Economic Area or countries which the European Commission has deemed able to guarantee an adequate level of data protection;

Data subject: means an identifiable natural person who can be identified, specifically by a reference to an identifier, whether this be directly or indirectly, such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of this human being;

Qualified Lead: refers to an Internet user who has been identified as a « hot » prospect, i.e. who has recently expressed an interest or an intention to make a purchase

GDPR: the General Data Protection Regulation 2016/679, which became effective on May 25, 2018, establishes guidelines for collecting and processing personal information of individuals within the European Union (EU);

Website: any internet page operated by the Company, including a collection form in order to provide leads to the Advertiser

Processing personal data: must be understood within the context of the GDPR and, for instance and for the sake of clarity means: carrying out an operation or a series of operations, whether by automatic means, such as accessing, collecting, recording, storing, structuring, adapting or altering, deleting, consulting, using, disclosing (or making available) by transmitting, broadcasting or otherwise, by aligning or combining, blocking or destroying personal data;


The Company operates websites with informative content, including an information collection form, so that any interested user can be contacted and receive commercial offers from our Advertising partners. These intentional prospects are then sent to advertisers in the form of Leads.

The purpose of this contract is to define the rights and obligations of each of the parties and the remuneration granted to the Company in return for sending these Leads, where applicable. All of the clauses of these General Conditions of Sale and Use apply from when the contract has been signed by the Advertiser and whether or not the Leads are invoiced or offered.


The Company must provide the Advertiser with the Services outlined in the Insertion Order (hereinafter referred to as the « OI »).

The parties will define the terms of the campaign jointly (criteria, collection form field, volume, type of lead, total Cost per Lead, marketing argument, etc.) based on the recommendations made by The Company, both from a technical and marketing perspective.

The Company will therefore be bound by an obligation of means towards the Advertiser and can neither commit to a volume of Leads over a period of time nor to a minimum quality of Qualified Leads. The company will however do what is required to provide a maximum level of qualification of the Leads sent to the Advertiser.

The advertiser agrees to provide the Company with all the cooperation required to define the Campaign, particularly with regard to responding to the various proposals made by the Company as quickly as possible.

The Company shall conduct marketing campaigns with the Advertiser by distributing/promoting the Landing Page created, including, without limitation, by using banners, buttons, text links, clicks, co-registrations, pops-ups, pop-unders, e-mails, graphics files and other online media.

The advertiser must pay a fixed price to The Company for each valid lead sent as defined in the IO as part of these advertising campaigns.

Any other conditions applicable to advertising campaigns included herein must be specified in each IO.


4.1: Assistance, advice, responsiveness and transparency

The advertiser’s first mission is to do everything possible to satisfy the prospects’ requests for information in order to increase the satisfaction rate of the latter, and subsequently to improve the rate of contracts subscribed to in relation to the number of leads provided.

The advice given must be complete, clear, objective and adapted to the requirements of the Lead. The Advertiser must therefore ensure that he/she gets in touch with the Prospect as quickly a possible. Any Lead sent under these circumstances must be processed within 24 (twenty-four) hours after having received the information.

The Advertiser must disclose his/her identity and his/her qualities as a “Partner” to the Prospect sent in order to maintain a level of trust due reasons of transparency.

The Advertiser agrees to ensure a professional and respectful commercial approach.

Any complaint made by an intentional Prospect relating to an aggressive report, harassment, or a forced sale against these contacts may result in the partnership being terminated immediately and without notice.

4.2 – Contracts entered into by the Advertiser

Any contract is entered into directly between the Prospect and the Advertiser.

The contracts are managed and specifically include offering the service provided, installing of the product sold and collecting receivables, while the Advertiser also agrees to receiving complaints complaints, etc., without involving the Company itself. The Advertiser agrees to manage the finalisation of contracts and the provision of services to Users of the Site and to individuals who would contact the website directly, to any Advertiser or via its other distribution channels, or other lead sellers with whom it trades with the same quality of care and service and within the same deadlines. It has agreed between the Parties that a contract for the provision of services requested by a Qualified Lead will be sent within the same time frame as for any individuals subscribing directly to the Advertiser. It has been explicitly agreed between the Parties that the management of the contracts is the responsibility of and will be provided exclusively by the Advertiser.


5.1 – Order being placed by the Advertiser

The Advertiser must read and accept all of these general conditions of sale when signing the Insertion Order before placing any order.

The Insertion Order must be signed by the Advertiser or by his/her representative where applicable.

The Advertiser is prohibited from claiming any sum or compensation from the Company for failing to meet the objective set by the Insertion Order , at the end of the Marketing Campaign.

5.2 – Mandate

The Advertiser may be able to appoint an agency so that it can both monitor and manage its campaign in the name and on behalf of the Advertiser. The mandate must emphatically result in a written contract being entered into between the Advertiser and the agency. A copy of the mandate contract must emphatically be attached to the Insertion Order. The agent manages and monitors any invoicing and will ensure payment of the invoice on the correct date in the name and on behalf of the Advertiser. The Advertiser is required to pay the Company all of the invoice total due directly in the event that the Company’s invoices are not paid by the agent, even if it has already paid the agent sums with a view to repaying the Company.


The Company will ask the advertiser to provide graphic design services for Landing Pages according to the specifications outlined in the Insertion Order.

According to the specifications of the IO, the Company can provide the service either:

– in White Label

– as an Advertiser Brand, i.e. the Landing Page will include the advertiser’s brand, logo, legal notices as well as the Advertiser’s privacy policy.

Each Landing Page will include a lead collection form.


The content of the Site, the general structure as well as any software, texts, images, animated or not, photographs, sound, know-how and all of the other elements of which the Site consists, shall remain the exclusive property of Disinfluence or of any third parties who have granted the right required.

The user is only authorised to represent the pages of the site on his/her screen and reserves the right to reproduce any of the elements of intellectual property of the site, albeit only temporarily and for the sole purpose of consulting the site. Any representation of this site by any person whatsoever, whether in part of in full, without explicit consent from the Company is prohibited and constitutes counterfeiting punishable under the articles of the Intellectual Property Code. The same applies to any data whatever their nature: databases, images, logo, application, video, audio, figures, which are protected under the articles of the Intellectual Property Code if applicable on the Site. The distinctive signs of the site publisher, such as domain names, brands, names and logos appearing on the Site, are protected under the Intellectual Property Code. The reproduction of these distinctive signs from elements of the site by the Partner without explicit consent from the site editor, whether in full or in part is therefore prohibited within the context of the Intellectual Property Code.


8.1 – Lead delivery

Any Leads will be communicated to the Advertiser at the intervals specified in the Insertion Order, after the format of the data collected by the Company has been verified automatically.

The Advertiser has a maximum period of ten working days to dispute the Lead after it has been received. In any case, the number of disputed Leads for a given month may not exceed 5% of the total number of Leads delivered by The Company for the month in question. Any dispute must be submitted in writing and must be justified by the Advertiser. The Company reserves the right to refuse a dispute which is not founded on legitimate grounds.

The Advertiser recognizes and accepts that refusing an Internet user associated by a Lead to a contract for his/her offers of products or services does not constitute a legitimate reason for refusing a Lead. Any Lead which is uncontested within the aforementioned period will automatically be deemed accepted by the Advertiser.

8.2 – Convention of proof


The parties will agree on the type of leads and the corresponding unit price after the contract has been entered into.

The Company may modify the price of the Leads provided when a new order has been placed, however, it must have informed the Professional in advance and have been given consent by signing a new Order Form. Any price changes made by The Company under this proviso cannot be considered as a breach of this contract. No reimbursement can be requested by the Professional under these circumstances in the event of the price list of Leads being changed by the Company. The Lead types chosen, as well as the prices offered to the Professional, are specified on the Insertion Order or on each Order Form.

The latter will receive an invoice payable by bank transfer, credit card or SEPA direct debit according to the latter’s choice after the order has been placed by the Advertiser.

The prices are indicated in Euros and are quoted exclusive of tax (HT).

Any payments will be considered valid by The Company from the moment the Company’s bank account has been credited. It is expected that some Leads delivered may be subject to a chargeback request.

If the Lead is recognised by The Company as a Lead that should not be invoiced, a credit for the price of the corresponding Lead will be issued and will be valid on the Advertiser’s next invoice.

Only Prospects with the following characteristics can be subject to a chargeback request:

A duplicate compared to a Prospect sent previously

A Prospect with an unassigned phone number, a wrong number or which is in dispute after having being qualified and sent by The Company

A Prospect whose name does not seem genuine

Only invoicing requests made within 10 working days will be honoured in accordance with invoicing regulation and procedures in force at the time of this request.

Any uncontested late payment of invoices will accure interest at the legal rate specified by Law 3/2004 with regard to late payment in subsidiary commercial transactions. The interest rate will be applied after fourteen (14) calendar days from the date on which the invoice (for which payment is due) was issued and sent to the advertiser up until final settlement of the aforementioned invoice and this will be calculated on a daily basis.


The parties intend to process the personal data of individuals within the European Union under the conditions defined by the GDPR and withn the context of the Insertion Order.The Advertiser and The Company will both be responsible for data processing, unless otherwise specified in the applicable IOs.

The parties agree to:

Create and maintain a record of its processing activities in relation to this Agreement;

Not to process any personal data for purposes other than those for which the data was collected and to perform its obligations under this agreement and it will inform The Company with immediate effect if the Advertiser fail to comply with this provision, which will immediately halt any data from being processed on behalf of the Advertiser by virtue of the provisions stated in the Insertion Order;

Not to disclose any personal data to anyone other than their employees if required to fulfill their obligations under this Advertiser Agreement; The Company and the Advertiser will ensure that all employees and other representatives who access personal data are aware of this clause and have received comprehensive training on the GDPR and remain bound by a confidentiality agreement.

The Company will ensure that any data is stored within the European Economic Area.

The two parties agree to implement adequate security measures to protect any personal data collected within the framework of the Insertion Order against any fraudulent, abusive, unauthorised or illegal use or destruction and must provide proof when required, and must assess the adequacy of these measures at regular intervals and to modify them if required.

The Company guarantees it will keep a complete list of all employees, affiliates, contractors, agents or any other person who has a role in the collection, processing or access to the data and to provide this list to the Advertiser if requested to do so.

The Company will not transfer any data collected on behalf of the Advertiser to third countries, except with the explicit consent from the Data Subject, and if it enters into a contract with the data recipient, including the model clause approved by the European Commission and, if it has obtained the corresponding authorisation from the supervisory authority.

The advertiser must provide the Company with the contact details of its data protection officer (DPO) or of any member of staff employed in this role.

The Company agrees to provide any information and to collaborate with the Advertiser if requested.

The Advertiser must designate a representative in the European Union in writing in the event that the Advertiser is not domiciled within the European Union.

The Company agrees to obtain consent of the data subject required before collecting any personal data, and also agrees to put a clear and unambiguous method of withdrawing consent in place, and should be able to demonstrate this consent to the advertiser whenever requested.

The Company will ensure that a privacy policy be made available to the data subject whenever it collects personal data. The Company will not collect any personal data without the data subject accepting and consenting to the privacy policy.

The Company and the Advertiser shall promptly inform the other party of any legally binding request for disclosing personal data made by a data subject, by a judicial or regulatory authority, unless otherwise prohibited, such as the criminal obligation to maintain confidentiality as part of a judicial inquiry.

The Company agrees to take any appropriate measures required in the event of a violation of Personal Data and will inform the Advertiser within a maximum of twenty-four (24) hours detailing the violation and the impact for the Data Subject and will ensure that this violation is not repeated.

The Company will only process Personal Data in accordance with the Advertiser’s documented instructions, which the Advertiser will send by e-mail/Skype.

The Company will ensure that it has the means and will take all the measures required to allow the Advertiser to respond to any reasonable requests made by the Data Subject (in relation to their rights in accordance with Articles 12 to 22 of the GDPR).

Finally, the Advertiser acknowledges that the Company will make several technical solutions available by guaranteeing the security any Personal Data sent in accordance with the rules outlined in the Regulation regarding the protection of personal data. The advertiser can nevertheless choose a less secure solution if it does not possess adequate technical solutions or for any other reason, such as sending an e-mail, although it remains entirely responsible for this choice under these circumstances. The Company will be considered under these circumstances as a subcontractor of the Advertiser with regard to the implementation of the technical solution for sending Personal Data, and can therefore under no circumstances be held responsible in the event of a breach of the Regulation regarding the protection of personal data.


The Contract will commence on the Start Date stated on the contract and will then be automatically renewed on a monthly basis, provided that either party can terminate the Contract at any time by giving 48 hours written notice. In the event of the contract expiring or if it is terminated for any reason whatsoever:

i. The Advertiser must pay the Company all of the amounts due on the date of termination upon receipt of the invoice as indicated in article 9 above;

ii. Any confidential or proprietary information must be immediately returned to the other party or be destroyed. Any provision that is likely to survive termination of this Agreement shall survive and remain effective in accordance with its terms.


The leads ordered consist of digital content which is not delivered in a physical format. The advertiser hereby expressly accepts and waives his/her right of withdrawal in accordance with the provisions of paragraph 13 of article L121-21-8 of the Consumer Code.


Neither party will be considered to be in default hereunder, nor will the other party hold the other party liable for any cessation, interruption or delay in the performance of its obligations due to causes beyond its control, including, but not limited to: earthquakes, floods, fire, storms or other natural disaster, epidemics, accidents, explosions, accidents, act of terrorism, industrial action, riots, insurgency, unrest or civil unrest, boycotts, disruption to the public market, war or armed conflict (declared or not official), sabotage, an act of a public enemy, embargo, delay of a carrier, failure to obtain sufficient equipment, supplies, manpower, transportation, electricity or other essential products or services required to conduct business transactions, or to any change or passage of law; provided that the party relying on this paragraph must notify the other party in writing as soon as possible and, in any event, must do so within five (5) calendar days of being aware thereof, and must take all action reasonably required in the circumstances to mitigate the effects of force majeure on which this notification is based.


The Company reserves the right to modify the Advertiser contract at any time, specifically but not only in the event of a change in regulations. The new provisions will govern all the relations of the Customers with the Company in the future and only the new version will prevail.


The Advertiser authorises the Company to quote it in its commercial references and specifically on its website and in its commercial documents.


These Conditions of Sale and operations in place are governed by and remain subject to French law.

All disputes to which any purchase and sale transactions conducted in application of these general conditions of sale may be raised concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been to be resolved between the seller and the customer will be heard before Angers Commercial Court under the conditions of common law.