The website we-agency.net is owned by the Swiss company WEPOPUP, a sole proprietorship located in Geneva.
The editor-in-chief of the we-agency.net site is Madame Réjane Salaün.
Postal address: Rue des Eaux-Vives 15, CH-1207 Geneva
Telephone contact: +33 782 733 191
Email: wepopup@wepopup.net

General Conditions

1. Scope of application

These general conditions (GC) regulate all computer services and graphic charter development services (development, installation, training, and graphic charter development, logo) provided by wepopup in Geneva, Switzerland.

2. Services

2.1. wepopup is committed to providing the best possible service to the client. In the field of development, wepopup does everything that is reasonably possible at technical and economic levels to guarantee the availability and integrity of data on its equipment. In the field of installation, wepopup provides the client with a configuration adapted to the client’s needs or the necessary instructions for the installation and operation of the delivered items, in a reproducible and usable form by the client. In the field of training, wepopup instructs the client according to the agreed terms.
2.2. As far as possible, wepopup informs its clients by email about service interruptions caused by maintenance work and the introduction of new features on its equipment.
2.3. wepopup reserves the right to adapt its services if needs or important reasons require it.

3. Responsibility

3.1. wepopup strives to provide the most effective protection possible for its clients’ data and equipment through economically required, technically possible and reasonable measures, but cannot exclude misuse. It thus does not guarantee the integrity of data recorded or transmitted by its system or via the Internet.
3.2. wepopup reserves the right to refuse to develop content that is pornographic in nature or other forms of violent or defamatory social harm.

4. Confidentiality

4.1. wepopup and the client as well as their collaborators, auxiliary personnel they call upon and their service providers undertake to mutually respect the confidentiality of all non-public documents and information of a commercial nature belonging to the other party to which they have access for the preparation and execution of this contract. This obligation applies as long as it is subject to a legitimate interest, even after contractual relations have expired.
4.2. The obligation of confidentiality does not apply to information already known or publicly accessible, nor to information that is made public without intervention from its recipient, nor to information that is acquired by rightful means or made public by third parties without intervention from the recipient party. Subject to legal obligations to provide information.

5. Client obligations

5.1 The client accepts Netiquette, a minimum set of rules for using the Internet, as an integral part of the contract concluded with wepopup.
5.2 It is the client’s duty to take necessary security measures to ensure system security at their own computer hardware level when sending data to wepopup teams.
5.3 It is the client’s duty to take necessary measures to transmit content as commonly decided in the quote.

6. Start and duration of contractual relationship

6.1 The contractual relationship begins as soon as wepopup sends a written quote duly signed and initialed “approved” to the client.
6.2. By placing an order, the client acknowledges these GCs and undertakes to provide truthful information.

7. End/termination of contractual relationship

7.1. Termination must be made in writing within the agreed time limits.
7.2. In the event of termination by the client before the commissioning of a service, any costs incurred by wepopup in connection with this service will be borne by the client.
7.3. If the contract is terminated before the end of the agreed minimum term or on an unagreed date, the amount will not be refunded.
7.4. If wepopup terminates the contract due to a breach of law or contract provisions or because the client has otherwise abused the services offered, all costs associated with this termination will be borne by the client.

8. Licenses and intellectual property

8.1. Developments carried out by wepopup remain its property until full payment of the contractually agreed development amount.
8.2. In accordance with Swiss law (and French law (article L.111-1 al.3 of the CPI)), the client does not hold intellectual property rights over the product that has been created for them. wepopup holds intellectual property rights attached to works created – even if the client has paid for this work – unless otherwise agreed in a written contract.

9. Billing and payment terms

9.1 The client’s payment obligation comes into effect upon conclusion of the contract.
9.2 In case of non-compliance with payment terms, wepopup reserves the right to interrupt all its services for this client.

10. Legal jurisdiction

The relationship between wepopup and the client is exclusively governed by Swiss law. Any dispute that may arise between the two parties, in connection with the interpretation or performance of the service contract, shall be settled either through mediation or by the Commercial Court of Geneva, which alone has jurisdiction, to which wepopup and the client expressly grant jurisdiction.

Geneva, 22 May 2020

APPENDIX

The user of the we-agency.net site acknowledges having verified that their computer configuration contains no viruses and is in perfect working order.

The user acknowledges having been informed that the we-agency.net site is accessible 24/7, except in cases of force majeure, computer difficulties, difficulties related to telecommunications networks or technical difficulties.

For maintenance reasons, WEPOPUP may interrupt access to the site and will endeavor to inform users in advance.

WEPOPUP cannot be held liable for direct or indirect damages that may result from access or use of the site, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect the user’s computer equipment and/or presence of viruses on its site.

The user declares that the cost of accessing and browsing on we-agency.net is exclusively at their expense.

The information provided on we-agency.net is for informational purposes only. WEPOPUP cannot guarantee the accuracy, completeness or timeliness of information disseminated on its site.

WEPOPUP makes every effort to provide users with available and verified information and/or tools but cannot be held responsible for errors or omissions, lack of availability of information and services. Consequently, users acknowledge using this information under their sole responsibility.
WEPOPUP informs users of we-agency.net that all laws and regulations in force are applicable to Internet. They must also refrain, with regard to the personal data they access, from any collection, misuse, and in general, any act likely to infringe on the privacy or reputation of individuals

All information or documents contained in the we-agency.net site as well as all elements created for the site are either owned by WEPOPUP or are subject to a right of use, exploitation and reproduction. These elements are subject to legislation protecting copyright. Therefore, no license or other right except that of consulting the information is conferred on anyone with regard to intellectual property rights. Any reproduction, representation, modification, publication, transmission, distortion, total or partial of the site or its content, by any process whatsoever and on any medium whatsoever is prohibited.

The WEPOPUP trademarks and logos appearing on the site are registered trademarks. The WEPOPUP trade mark has been registered with INPI since 2017. It is protected for 10 years. Any total or partial reproduction or representation of these trademarks or logos, alone or integrated with other elements, without the express prior authorization of WEPOPUP is prohibited and would engage the user’s liability under articles L 713-2 and L 713-3 of the Intellectual Property Code.

The user undertakes, under penalty of having their civil and/or criminal liability engaged, not to use the we-agency.net site to transmit by any means whatsoever (email or others), any content including programs, codes, viruses intended to destroy or limit the functionality of the we-agency.net site.

WEPOPUP reserves the right, within the framework of its interactive services, to immediately delete without prior notice any content of any nature whatsoever, including any message, text, image, graphic that would contravene applicable laws and regulations and in particular the regulations described above.

In the event that a user wishes to use one of the contents of the site (text, image…), they undertake to obtain prior written authorization from WEPOPUP by sending an email to the webmaster at the following address: WEPOPUP@WEPOPUP.NET.