General terms of sale for businesses

1. Who and what these terms apply to

These terms apply to any order for a paid plan of the LiveVerdon directory (liveverdon.com) placed for an establishment: accommodation, restaurant, activity provider, producer or other tourism business.

The plans are reserved for businesses, that is, persons acting in the course of their commercial, industrial, craft, professional or agricultural activity. By ordering, the customer declares that it is acting in that capacity and for the establishment named. The plans are not offered to private individuals.

If the customer is an association or another body that is not acting for business purposes, the legal rules that protect it apply in addition to these terms; they are reproduced in the appendix.

The free listing of an establishment is not a sale: it is part of LiveVerdon’s editorial work and is not governed by these terms.

2. The seller

The plans are sold by Florin Livada, sole trader (“entrepreneur individuel”, EI), publisher of the LiveVerdon site.

• SIRET (French establishment identification number): 441 981 123 00025 (SIREN 441 981 123)
• Registration: entered in the French National Register of Companies (Registre national des entreprises) under SIREN number 441 981 123
• Business address: 419 chemin de la Moutière, 04120 Castellane, France
• Telephone: +33 6 72 33 26 87
• E-mail: [email protected]
• VAT not applicable, article 293 B of the French General Tax Code (CGI)

Stripe is the payment service provider. It is not the seller.

3. What is sold

3.1 The plan. The customer buys, for one establishment and for twelve months, the plan it has chosen, as described on the Join the directory page on the day of the order. The version of the plan is recorded with the order; the corresponding description forms part of the contract. Only the items presented as benefits of the plan are owed. Anything presented as “In preparation” is not promised.

3.2 What LiveVerdon does not promise. The plan concerns the presentation of the listing and its place in the LiveVerdon directory. LiveVerdon guarantees no number of visits, clicks, calls or bookings, no turnover, no ranking in a search engine, and no mention by a search engine or a conversational assistant.

3.3 No commission. LiveVerdon takes no commission on bookings and does not come between the establishment and its customers. The listing is published only on the LiveVerdon site and in its data readable by search engines; LiveVerdon does not resell it or market it through any other channel.

3.4 Languages. The site exists in several languages. Texts supplied by the customer are published in the language in which they were supplied, unless the plan states otherwise. The contract is concluded in French. The business area and service e-mails are in French; translations of these terms are provided for information.

4. Ordering

4.1 Steps.

1. The customer opens the business area of the site, searches for its establishment and requests a sign-in link at its e-mail address.
2. It proves its right to the listing (article 4.3). Until that proof has been obtained, no payment is possible.
3. Once signed in and recognised as the holder of the listing, it chooses the plan and ticks the box accepting these terms, whose version number is displayed.
4. The Stripe payment page shows the plan, its duration, the total price and the automatic renewal. The customer can still withdraw by leaving the page; nothing is then charged.
5. Payment confirms the order. The contract is concluded at that moment.
6. The customer receives an order confirmation by e-mail: plan, price, renewal date, and the text of these terms in the version accepted (attached or through a link to that version).

4.2 Proof. Before payment, LiveVerdon records the listing, its holder, the plan and its version, the price, the version of the terms accepted, and the date and time of acceptance. Each version of these terms remains available online and can be saved or printed.

4.3 Right to the establishment. The customer warrants that it operates the establishment or has been given authority to act for it. Proof is provided before any payment: the sign-in link is opened from an e-mail address already known for the listing, or from an address on the domain name of the establishment’s website; failing that, the customer submits a request, which LiveVerdon examines before granting access. Where a listing already has a holder, another person gains access only after examination by LiveVerdon. If, after payment, the customer’s right is disputed and is not proved, LiveVerdon removes the plan, ends the subscription and refunds the customer in full.

4.4 One listing, one holder. A plan is valid for a single listing. It cannot be transferred to another establishment without LiveVerdon’s written agreement.

5. Price, VAT, payment, invoice

5.1 Price. The price is the one displayed on the Join the directory page on the day of the order, for twelve months. At the date of this version, the “Presence” plan costs €79 for twelve months.

5.2 VAT. VAT not applicable, article 293 B of the French General Tax Code (CGI). The price displayed is the price paid. If the seller’s VAT status changes, the price of a period already paid for does not change. Any VAT due applies from the next renewal, after the customer has been informed in the reminder described in article 7.4.

5.3 Payment. The price is paid in a single payment when ordering, then at each renewal, through Stripe. LiveVerdon neither receives nor stores any card number.

5.4 Invoice. An invoice is issued for each payment and sent by e-mail. It is drawn up from the information supplied by the customer, who is responsible for telling LiveVerdon the name, address and SIREN number to be shown on it. It is issued in the format required by the regulations in force at its date.

5.5 Failed renewal payment. If a renewal charge fails, it is presented again and the customer is informed by e-mail. If no payment is made within 15 days of the renewal date, the subscription ends and the listing becomes a free listing again, with no fee or penalty.

5.6 Late payment. As the price is paid in advance, this clause applies only if an amount remains due after the payment date shown on the invoice. Late-payment penalties are then payable from the day after that date, without any reminder, at three times the French legal interest rate in force, together with a fixed recovery charge of €40. No discount is granted for early payment.

6. Going online

Confirmed payment opens the right to the plan without manual intervention, for an establishment for which the customer’s right was proved before payment. The plan appears on the listing at the next publication of the site, within 2 working days at the latest. An e-mail confirms that it is online, with the address of the listing and the renewal date.

If this time limit is not met because of LiveVerdon, the customer may cancel its order and be refunded in full.

Content that the customer then proposes for its listing is reviewed before publication (article 10) and appears after a new publication of the site.

Starting point. The twelve months run from the date of payment. The renewal date is given in the order confirmation.

7. Duration and renewal

7.1 Duration. The subscription is concluded for twelve months.

7.2 Automatic renewal. On the renewal date, the subscription is renewed for a further period of twelve months, and so on, unless the customer has stopped the renewal. The price of the new period is charged on the renewal date to the payment method registered with Stripe.

7.3 Stopping the renewal. The customer can stop the renewal at any time, at no cost and without giving a reason, up to and including the renewal date:

• by e-mail to [email protected], from the address used for its order or by naming the establishment concerned;
• by replying to the reminder described in article 7.4.

LiveVerdon confirms by e-mail that the request has been received and gives the end date. The plan stays online until the end of the period paid for.

7.4 Reminder before each renewal date. No earlier than three months and no later than one month before the renewal date — in practice 45 days before — LiveVerdon sends a message devoted to this subject alone to the e-mail address used for the order. It states, in a clearly visible box, the deadline for refusing the renewal, together with the plan, the price of the new period and how to stop. LiveVerdon keeps proof that it was sent.

7.5 If the reminder was not sent. The customer can then end the subscription at any time after the renewal, at no cost. LiveVerdon refunds, within thirty days, the share of the price corresponding to the period still to run.

7.6 Price of the new period. The renewal is made at the price of the previous period. A different price applies only if LiveVerdon announced it by e-mail at least thirty days before the renewal date; a customer who refuses it stops the renewal. The content of the plan may change on the same conditions, never during a period.

7.7 Refund after a renewal charge. A customer who asks within thirty days of a renewal charge is refunded that renewal in full, without giving a reason. The listing then becomes a free listing again.

8. End of the subscription

8.1 Withdrawal after the first order. During the 14 days following payment of its first order, the customer can withdraw from it by e-mail, without giving a reason. It is refunded in full and the listing becomes free again.

8.2 Termination by the customer during a period. Apart from the cases in articles 7.5, 7.7 and 8.1, a request by the customer to stop prevents the next renewal; the plan stays online until the end of the period paid for, which is not refunded. The customer may also ask for its plan to be removed immediately, without a refund.

8.3 Termination by LiveVerdon. LiveVerdon may end a current subscription, or suspend its display, only for one of the following reasons:

• the customer does not meet its obligations (articles 9 and 10) and has not remedied the breach;
• the customer’s right to the establishment is disputed and is not proved;
• the establishment has ceased trading;
• LiveVerdon stops offering the plan.

LiveVerdon writes to the customer by e-mail, stating the reason. Termination takes effect thirty days after that e-mail, a period during which the customer can reply or put matters right. It may take effect immediately in the event of manifestly unlawful content, impersonation, infringement of a third party’s rights, or where the law requires it; the reason is then given at the same time.

Refund: pro rata for the period still to run if the establishment has ceased trading or if LiveVerdon stops offering the plan; no refund where the customer is in breach.

8.4 After the end. The listing becomes a free listing again at the next publication of the site: the items reserved for paid plans are no longer displayed. The content supplied by the customer for the paid plan is removed from the site; the customer may ask for a copy during the following three months. The free listing remains, in accordance with LiveVerdon’s editorial rules. The order data are kept as stated in article 15.

9. The customer’s undertakings

9.1 Accuracy. The customer supplies accurate, up-to-date information and reports any change (closure, contact details, website). It is responsible for the content it supplies.

9.2 Rights in the content. The customer remains the owner of its texts, logos and photographs. It warrants that it is their author or has obtained from their author the right to authorise the use described in article 9.3, and that it has the agreement of the people who can be recognised in the images. It bears the consequences of any third-party claim concerning that content.

9.3 Authorisation given to LiveVerdon. The customer authorises LiveVerdon, free of charge and on a non-exclusive basis:

• to reproduce that content;
• to perform it, that is, to communicate it to the public online;
• to adapt its form (cropping, compression, change of format);
• to translate it;

for a single purpose: its publication on the LiveVerdon site, in all its languages, and in the structured data of the listing; accessible worldwide over the internet; for the duration of the subscription and the time needed to remove it after the subscription ends. Any other use (advertising, social networks, newsletter, transfer to a third party) requires a separate written agreement. Photographs are credited to the name given by the customer. LiveVerdon has no control over copies kept by third parties (search engines, web archives).

9.4 Fair use. The customer does not use its plan to mislead the public, or to suggest that LiveVerdon recommends, has visited or has ranked its establishment.

10. Content refused or removed

LiveVerdon reviews content before publication. It may refuse content, correct its form or remove it for one of the following reasons: inaccurate or unverifiable; misleading; disparaging a competitor; unlawful; infringing a third party’s rights; unrelated to the establishment; an unproven superlative or ranking. LiveVerdon informs the customer by e-mail, stating the reason; the customer may propose other content.

The refusal of an item of content does not give rise to a refund. If LiveVerdon refuses all the content and therefore cannot provide the plan, it refunds the customer pro rata for the period still to run.

In the event of a serious claim by a third party, LiveVerdon may immediately remove the content concerned while it is examined, and informs the customer.

11. How listings are ranked and what payment changes

11.1 How listings are ranked. In each section of the directory (accommodation, restaurants, activities), listings are grouped by municipality; the municipalities with the most listings come first, then alphabetical order. Within each municipality, listings are ranked by the following criteria, in order of importance:

1. the paid plan: a Premium listing comes before a Visibility listing, which comes before a Presence listing, which comes before free listings;
2. among free listings, those of establishments that are clients of LiveVerdon’s publisher for other services (Livada) come before the others;
3. a listing marked “Checked against sources” comes before one that is not;
4. for star-rated accommodation, the listing with the most official stars comes first.

Where listings are equal on all these criteria, they keep the order of LiveVerdon’s data file. On the municipality pages, the accommodation preview and the list of addresses show only the first listings in each category; they are ranked there by the first three criteria, then by rating (for accommodation, the Google rating weighted by the number of reviews and, failing that, official stars; for restaurants and activities, the Google rating).

The paid plan is the first criterion because that is the very purpose of the plan. At the date of this version, only the “Presence” plan is intended to be opened for subscription; the “Visibility” and “Premium” plans are not promised by these terms.

11.2 What payment changes. A paid plan places the listing before free listings in these lists and adds to the listing the items described in the plan. It changes neither the verification status of the listing, nor the ratings shown, nor the ranking of restaurants by rating, nor an establishment’s place in editorial guides, selections, news and rankings. The site’s internal search engine and the maps take no account of the paid plan.

11.3 Disclosure to the public. Every paid listing carries the label “Ad”, on the listing itself and on each line of the lists in which it is ranked; the listing of an establishment that is a client of the publisher carries the label “Publisher’s client”. The site explains its criteria on the page How listings are ranked, which can be reached from the lists. The customer accepts this disclosure.

11.4 Editorial independence. LiveVerdon is an independent publication. Payment for a plan:

• does not allow the information that LiveVerdon establishes from its own sources to be changed (existence, category, municipality, cross-checked contact details, sources, verification dates, warnings);
• buys neither a review, nor a rating, nor a place in a guide, a ranking or a selection;
• gives no say over the other pages of the site, or over another establishment’s listing.

LiveVerdon may correct inaccurate information at any time, whether the listing is paid or not.

12. Availability of the site

LiveVerdon endeavours to keep the site accessible, without guaranteeing continuous availability: the site may be interrupted for maintenance, for an update, or because of the host or the network. Changes to a listing appear after a new publication of the site, not instantly. A brief interruption does not give rise to a refund. If the plan is not displayed for more than 7 consecutive days because of LiveVerdon, the subscription is extended by the same length of time, on request.

13. Liability

LiveVerdon’s essential obligation is to display the plan ordered on the establishment’s listing during the period paid for. If it is not fulfilled, the customer is refunded for the period not provided: no limit in this article deprives it of that refund.

For the rest, LiveVerdon is bound by an obligation of means (best endeavours). It is not liable for loss of customers, bookings, turnover or reputation. Its total liability under a subscription is limited to the price paid by the customer for the current period.

These limits do not apply in the event of gross negligence or wilful misconduct by LiveVerdon, or where the law prohibits them.

LiveVerdon is not liable for the content supplied by the customer, for the third-party sites to which the listing links, or for the operation of Stripe’s services.

14. Force majeure

Neither party is liable for a failure caused by an event beyond its control, which it could not reasonably have foreseen and whose effects it cannot avoid. If, as a result, the plan cannot be displayed for more than thirty days, the customer may end the subscription and be refunded pro rata for the period still to run.

15. Personal data

LiveVerdon processes the order data (establishment and listing concerned, e-mail address, plan and plan version, price, language, subscription identifiers and dates, date and version of the terms accepted) and, where applicable, the data the customer entered in the form on the Join page (municipality, type of establishment, website, telephone, message), in order to handle the request, provide and manage the plan, invoice, send service e-mails and keep proof of the contract. The recipients of these data, how long they are kept and the rights of the persons concerned are described in the notice displayed at the point of collection and in the “Business data” section of the legal notice.

The e-mail address, website and booking link that the customer asks to have displayed become public and appear in the structured data of the listing.

Where the customer supplies content showing other people (photographs of employees or customers), it is responsible for informing them and obtaining their agreement.

16. Changes to these terms

Each version of these terms carries a number and a date, and remains available. The version that applies to a subscription period is the one accepted for that period; it is never changed during a period, unless the law requires it.

A new version applies only from the next renewal, and only if LiveVerdon sent it to the customer by e-mail at least thirty days before the renewal date, pointing out what changes. A customer who refuses it stops the renewal before the renewal date, at no cost. No change has any effect on the past.

17. Governing law, amicable settlement, court

These terms are governed by French law. The French version prevails.

In the event of a disagreement, the customer writes to [email protected]; LiveVerdon replies within 15 days. Failing agreement, the parties may turn to mediation, for example that of the French Business Mediator (Médiateur des entreprises).

Failing an amicable solution, the dispute is brought before the court that has jurisdiction under the ordinary rules of law.

18. Contact

LiveVerdon — Florin Livada, EI — 419 chemin de la Moutière, 04120 Castellane, France — +33 6 72 33 26 87 — [email protected].