GENERAL CONDITIONS OF USE & GENERAL CONDITIONS OF SALE
Version number 3.0 of 03/12/2021
Any 123SPONSOR.one/us is a website published by NETWIDOO USA CORP, Florida registered company with office at 2901 Clint Moore Roads - Suite 2 P.O. Box 237 - Boca Raton - Florida 33496 - USA
Any use of the site and the services offered on the https://123sponsor.one site as well as the sites with a particular URL extension linked to https://123sponsor.one implies acceptance of the General Conditions of Use, object of this document. In the event that the visitor does not wish to accept all or part of these T & Cs, they are asked to renounce all use of the Service and quit viewing the site without delay.
123SPONSOR is an intermediation service based on a networking platform between Project Developers or Event organizers and Brands or Companies, 123SPONSOR Partners who can help them by financial support or contribution in kind in the form of sponsorship.
123SPONSOR is also a Social Network-type Platform allowing Project Developers to communicate with their FANS by offering them services made available to them by 123SPONSOR.
The Platform allows any person, association or company to publish an advertisement requesting financial or material support in order to carry out a project of all kinds, sporting, scientific, artistic, educational, ecological, technological, social, humanitarian, events, etc ...
The Platform allows 123SPONSOR Brands and Companies to have access to all sponsorship requests in order to select the projects they would like to support.
The Platform allows FANS of a Project to follow its news by subscribing to various services including Email and Chat type communication systems.
In this document, the 123SPONSOR mentions link to SAS NETWIDOO which holds all the rights.
The whole consisting of 123SPONSOR, Project Owner, Client, Brand or Company may be referred to collectively or individually as the "Party (s)" in this document.
The set consisting of Project Owner, Client, Company Brand or Fan may be referred to collectively or individually as "Participant (s)" in this document.
The set consisting of Project Owner, Client, Fan may be referred to collectively or individually as "Communicators" in this document.
By validating his registration on our site, the User confirms his unreserved acceptance of all the rules defined by the General Conditions of Use and the General Conditions of Sale as well as the contractual documents or Associated Regulations which may supplement them.
In the event of a contradiction between any of the provisions of the T & Cs, the T & Cs and the Sponsorship Contract, or those of our quotes or purchase order, the terms of the Quote or Sponsorship Order Form shall prevail.
1 - Definitions :
123SPONSOR: commercial name of this Platform belonging to SAS NETWIDOO with a capital of € 1,000 registered with the Paris RCS under number 819 808 015 with its registered office at 8 rue du Faubourg Poissonnière - 75010 Paris;
BRAND - COMPANY - PARTNER - SPONSOR: any natural or legal person wishing to support a Project by means of financial contribution or aid in kind in exchange for a counterpart in the form of visibility and communication.
PROJECT LEADER - CLIENT: any natural or legal person needing financial or material assistance to carry out a project of all kinds.
ANNOUNCEMENT: Materialization of the Request for Assistance formulated by a Project Leader in the form of an announcement that can be viewed in detail by 123SPONSOR Partners.
PARTICIPANT: refers to both a Partner and a Project Leader or Fan, one or the other identified by the Platform after registration.
FAN: any natural or legal person who has taken out a subscription to follow the news of a Project Leader.
SPONSORSHIP: support action carried out by a natural or legal person in the form of financial contribution or contribution in kind in return for visibility.
SITE: 123SPONSOR website accessible directly at https://123sponsor.one
MY ACCOUNT: Personal and private space accessible by identification and password in which Participants can manage and modify their personal data and find the archives of contractual documents and invoices concerning them.
CONSIDERATION: the tangible or intangible goods that the Project Leader offers to the Sponsor in exchange for his support.
CONTRIBUTION: monetary value given to the Project Owner by the Sponsor in exchange for its counterpart.
IDENTIFIER: e-mail address & password pair allowing a Participant to connect to the Platform.
PLATFORM: Structure of the 123SPONSOR site in which the Project Leader will be able to present himself in order to find the funding and the help necessary for the realization of his project. Also allows the Sponsor to find projects to support.
PROJECT: any sporting, scientific, artistic, educational, ecological, technological, social, humanitarian, event, etc. event carried by a natural or legal person and published on the Platform in order to find a Sponsor.
SERVICE: all free or paid services available on the Platform.
VISITOR: any person who consults the entire site without being registered.
USER: any person registered on the site and benefiting from the services offered by 123SPONSOR.
CUSTOMER SERVICE: assistance service for PARTNERS or PROJECT LEADERS, which can be contacted by email at [email protected] or by post to NETWIDOO - 123SPONSOR - 8 rue du Faubourg Poissonnière - 75010 PARIS.
2 – Registration :
Any Participant, whether a PARTNER or PROJECT LEADER, must register before using the services of the 123SPONSOR Platform. Registration for registration is free but compulsory to access all of the site's services.
Registrations are different depending on the positioning of the users of the 123SPONSOR service.
• The PROJECT LEADER can register with the corresponding form accessible through the "CONNECTION" tab in which he will be able to fill in his profile and describe his project and specify his need.
• The PARTNER must create a personal account using the corresponding registration form accessible through the "CONNECTION" tab made available on the site.
• The FAN must register with the form accessible only in the PROJECT ROOM area of the Project Owner they wish to monitor and support.
Participants undertake to complete all the mandatory fields of their form in order to provide 123SPONSOR with accurate, complete and current information. This information is essential to allow them to connect to the site and necessary for the follow-up of their request for help or their offer of support.
The provision of any erroneous or misleading information may engage the responsibility of the Participant with regard to 123SPONSOR.Le PARTENAIRE est responsable de la mise à jour des informations fournies et doit en cas de changement procéder à leur modification sans tarder. Le PARTENAIRE assure l’entière responsabilité envers 123SPONSOR des conséquences pouvant résulter de toute omission ou négligence à cet égard.
As soon as they register, the Participant will receive an email inviting them to confirm their email address by entering a 4-digit Code which is sent to them by email at the declared address. Leaving this Code blank blocks the Participant's access to all available services.
In the event of erroneous, incomplete or false information declarations, 123SPONSOR may decide to suspend or cancel the personal account of the PROJECT LEADER with immediate effect and without notice. 123SPONSOR may then, at its discretion, end the suspension or authorize a new registration of the PROJECT LEADER if it is proven that the erroneous information had no harmful consequences for 123SPONSOR or for the other Participants, or when the PROJECT LEADER in question acted in good faith without any intention of fraud or concealment.
3 – Responsibility of 123SPONSOR :
123SPONSOR acts as a technical intermediary who makes its Platform available to Participants.
123SPONSOR is not contractually the organizer of the Projects proposed on the Platform and can not be, in any way, responsible for the progress of the Projects.
123SPONSOR does not incur any liability in connection with the negotiations, conclusion and execution of agreements established between the Participants.
123SPONSOR does not exercise systematic control and therefore assumes no responsibility in connection with:
• 1. The professional qualification of PROJECT LEADERS
• 2. The solvency of PARTNERS
• 3. The solvency of FANS
In the event of a dispute between Participants regarding a transaction, Participants are invited to make every effort to reach an amicable agreement before contacting 123SPONSOR via Customer Service to inform them of the existence of a dispute.
4 – Commitments of Participants:
The use of our services through our site https://123sponsor.one implies compliance with the laws and regulations in force in France and in the countries in which each of the Participants may intervene, as well as the observation of certain moral values such as confidentiality, respect for others, courtesy and loyalty.
The use of our services also implies compliance with the rules set out in our T & Cs.
All violations of laws and regulations must be reported to 123SPONSOR according to the procedures defined later in this document.
PROJECT HOLDERS acknowledge that their advertisements published on our site are under their sole responsibility. PROJECT LEADERS therefore undertake to ensure that the information they disseminate does not contravene the legal provisions in force.
In this spirit, 123SPONSOR reserves the right to remove from the site any content, data, information or any manifestly illegal or inappropriate request of which it becomes aware and to suspend or cancel definitively and without notice the registration of the PROJECT HOLDERS concerned.
The FANS having the possibility of communicating by private Mail or by Chat with the Project Leader they follow undertake to respect the good use of communication, and refrain from the use of inappropriate, abusive, irreverent or racial vocabulary. .
Project Developers noticing such inappropriate behavior, undertake to report it to the Management of 123SPONSOR. The latter can arbitrarily and without notice remove the account and access of a FAN who violates the rules and practices of good morals.
In this context, Participants are prohibited from:
• To violate or attempt to violate the security or integrity of the site, to enter or attempt to enter a 123SPONSOR server or an account that does not belong to the Participant.
• Insult, threaten, harass any other Participant, or disseminate defamatory, abusive or slanderous information about any other Participant or any employee or officer of 123SPONSOR.
• Undermine human dignity by publishing a text, image or video of a racist, violent, pornographic or revisionist nature.
• To invade the privacy of others.
• To violate the legal provisions on intellectual property rights and in particular not to publish content liable to constitute an infringement.
• To duplicate any of the content displayed in 123SPONSOR for any reason whatsoever and in particular to perform without the authorization of 123SPONSOR any content duplication or mirror site creation operation virtually replicating the site.
5 – Paid services of 123SPONSOR
It is again specified that 123SPONSOR is a platform for connecting a PROJECT LEADER and Partner BRANDS wishing to render each other a service.
All Participants' registrations are free. Once registered, Participants can access the following services:
The PROJECT LEADER can publish as many project announcements as they wish free of charge. However, these projects must all be different in terms of action or place or date.
The PROJECT LEADER can subscribe to various communication services offered by the 123SPONSOR Platform. The subscription involves the payment of a unit cost of application and a subscription commitment that can be canceled at any time without notice.
In return, the PROJECT LEADER can offer his FANS the subscription to the various communication services that he activates on his side with the Platform.
The FAN may use the services offered by the PROJECT LEADER he follows by paying a subscription at the price freely set by said PROJECT LEADER. The FANS subscription can be terminated at any time without notice.
The subscriptions taken out by the PROJECT LEADER as well as those taken out by the FAN can be canceled at any time. However, the subscription already paid, for a specific and current period, cannot be refunded and will be available to the user until the next expiration date recorded.
SPONSORS can consult all the Projects published on the site free of charge. The connection is free and materializes by the fact that the PROJECT LEADER accepts the contact request by clicking on a button triggering the display of his contact details on the side of the SPONSOR having made the request.
The PROJECT LEADER for his part freely sets the resale price to his FANS.
Payments made by FANS are kept with our partner STRIPE for 123SPONSOR in an independent account dedicated only to the accounts of PROJECT HOLDERS.
123SPONSOR retains a commission representing in part the operating and maintenance costs of the Platform and also in part its remuneration for the services made available to the Participants.
PROJECT LEADERS can request the transfer of the credit entered in their account once a month, provided that the amount is greater than € 50.00. The requested transfer being executed within a maximum period of 3 (three) working days following the date of the request.
The Project Developers as well as the Sponsors acknowledge being aware of this commission due to 123sponsor and therefore undertake on their honor not to try to circumvent the payment of the commission by processing an agreement outside the Platform.
The amount of the commission relating to all Sponsorship contracts is calculated as a declining percentage according to the total amount of the budget. This amount is clearly indicated in the administration and campaign management area accessible by the Project Owner.
The price list can be given at any time by simple request to [email protected]
5.1 – Operation of the "CONNECTION" service
By subscribing to one of the paid offers on 123SPONSOR, PARTNERS receive in real time all the announcements of requests for assistance corresponding to the categories they declare and the Countries in which they wish to obtain visibility.
5.2 – Payment method
Payment for the services offered by 123SPONSOR is made through our financial partners, in this case STRIPE. Your payment information is thus processed directly in a secure space by STRIPE and is never recorded at 123SPONSOR.
123SPONSOR calling on an external service for the management of the online payment of its services, does not keep any data of a financial nature such as bank or credit card details that the Participants could provide as part of the payment for the Services offered.
5.3 – Rights and withdrawal periods
In accordance with articles l121-20 to l121-20-2, l121-20-4 and r121-1-2 of the French Consumer Code, with regard to the provision of tailor-made services whose execution begins before the end of the period 7 days, the right of withdrawal can in no case be exercised for the services offered by 123SPONSOR which are delivered immediately after their online payment.
6 – Intellectual property
It is specified that all rights relating to the services or other applications available on 123SPONSOR are the exclusive property of the NETWIDOO Company. Any act of counterfeiting or likely to be qualified as such which is committed by a third party or by a Participant must be reported to 123SPONSOR, which will take charge of the legal proceedings to be taken.
123SPONSOR as well as the other brands and logos owned by 123SPONSOR, the brands and logos of its Partners are all protected by their registrations with the competent authorities and bodies.
All texts, images, drawings, graphics, videos, photographs and other content on the site or the sites are the property of 123SPONSOR of its Partners or Project Developers and are protected by French copyright law.
Any commercial or non-commercial use of texts, images, drawings, graphics, videos, photographs and other content of the site or sites without the prior written consent of 123SPONSOR or its Partners, is strictly prohibited..
7 - Copyright
The images, photos or drawings illustrating the Project of the PROJECT OWNERS are their property, however by publishing them on the 123SPONSOR Platform, the PROJECT OWNERS automatically and free of charge grant NETWIDOO SAS as well as 123SPONSOR and its managers the right to use their images for all approaches to communication, advertising or artistic exhibition, in all places, on all media in all possible ways existing or to be invented and without time limit.
In particular in all artistic or commercial forms without the PROJECT OWNER being able to claim any compensation whatsoever.
8 – Transactions
The acceptance of the connection of a SPONSOR with his client PROJECT LEADER requires the implicit acceptance of the conditions and details of said Service as described and mentioned in the presentation space reserved for the PROJECT LEADER on the site. 123SPONSOR.
The prerequisite for establishing contact consists in the fact that the SPONSOR is an active member, registered and identified on the 123SPONSOR site.
The Relation becomes effective once the PROJECT LEADER has accepted the contact request of a SPONSOR on the one hand and that on the other hand he has paid his Connection contribution, the amount of which is mentioned in the pages. presentation of the service.
However, a Sponsorship contract is only formed between the PROJECT LEADER and the SPONSOR when:
• The PROJECT LEADER and the SPONSOR entered into a relationship on the Platform
• The PROJECT LEADER and the SPONSOR have accepted for one the Sponsorship offer and, for the other, the proposed Project.
A Sponsorship contract can then be drawn up automatically by our service (function available later). However, the parties are free to use it or to use another contract model at their convenience.
The PROJECT LEADER accepts the fact that the mere connection cannot be the acceptance of a firm offer and that the conclusion of the Transaction is subject to the confirmation and acceptance made clearly by the SPONSOR.
The PROJECT LEADER is never forced to respond favorably to all the contacts that are offered to him.
The payment of the Transaction being made exclusively directly between the PROJECT LEADER and the SPONSOR at the end of their negotiation and in any case according to the conditions which will be fixed in a confidential manner by the PROJECT LEADER and the SPONSOR during their exchanges.
The payment of the Transaction being made exclusively online on our Platform between the PROJECT LEADER and the SPONSOR at the end of their negotiation, the Parties undertake on their honor not to bypass this procedure in order to avoid payment. of the expected commission due to 123SPONSOR.
Thus, the PROJECT LEADER as well as the SPONSOR irrevocably consent to the amount of the Sponsorship Campaign or Banner contract being made directly on the Platform by Credit Card. 123SPONSOR will also collect, by direct debit from a Credit Card, future installments. The Amounts will then be paid by bank transfer to the account declared by the PROJECT LEADER after deduction of the planned management fee.
9 – Sanctions of PROJECT LEADERS - Obligations of PROJECT LEADERS and 123SPONSOR
In the event of violation of the T & Cs or any unlawful act, 123SPONSOR reserves the right to:
• Remove from the Site immediately and without notice certain content
• Suspend or cancel the Personal Account of the PROJECT LEADER or take other appropriate measures against him
By virtue of article 6 of Law n ° 2004-575 of June 21, 2004, 123SPONSOR is not required to monitor the information and content accessible on the Site (s) it manages, nor to any general obligation to search facts or circumstances revealing illegal activities.
In the event that a PROJECT LEADER becomes aware on the 123SPONSOR Platform of an infringement of the laws and regulations in force and in particular of content condoning crimes against humanity, inciting racial hatred, violence, of a child pornography and generally offending human dignity and good morals, the latter undertakes to immediately alert 123SPONSOR by email to Customer Service [email protected] by providing all the information allowing the content to be identified. accused and its author.
10 – Responsibilities
123SPONSOR declines all obligations other than those relating to its role as a networking platform.
123SPONSOR makes no warranty as to the accessibility, availability or performance of its online services.
12 – Suspension - Cancellation
In the event of a Participant's failure to fulfill any of its obligations with respect to our site and service, 123SPONSOR will send electronic formal notice to the Participant in order to put an end to said breach within 48 hours. This formal notice will, where appropriate, be accompanied by a measure to suspend access to the sites.
If it sees fit, 123SPONSOR may automatically delete, and without notice, the Personal Account of a Participant on the Sites in the event of a violation of an essential obligation of the said Participant which it has not remedied in accordance with the article 4 of these T & Cs, or in the event of an infringement of the Law or the regulations in force.
13 – Closure of the Platform
123SPONSOR may decide in its sole discretion to terminate the operation of the Platform, subject to having previously informed the Participants by respecting a two-week notice and without such a decision being liable to engage 123SPONSOR in any capacity whatsoever. it would be.
Under the same conditions, 123SPONSOR reserves the right to terminate at its sole discretion the provision of a category of Service on the Platform without such closure being able to engage the liability of 123SPONSOR in any capacity whatsoever.
14 – Modification of the T & Cs and changes
These T & Cs and the Platform management rules may be modified by 123SPONSOR at any time. The Company may also change the management rules of the Platform or the commercial rules.
Such modifications or developments will be brought to the attention of PROJECT LEADERS, FANS and SPONSORS within 15 days of their entry into force, unless they are dictated by a mandatory rule or a judicial decision in which case their entry into force will be immediate.
The PROJECT LEADER or the SPONSOR logging in or keeping his Service offer on the Platform after the entry into force of any modification of the T & Cs will be deemed to have read and accepted said changes.
15 – Information and evidence
The PROJECT HOLDERS as well as the SPONSORS, recognize, in their contractual relationship with 123SPONSOR, the validity and the probative force of the e-mails. They irrevocably agree to receive all notices and information that 123SPONSOR will be required to communicate to them as part of the management of the Platform.
The Participant acknowledges that the electronic data and the backups made on the Platform will have full probative value both between the SPONSORS and the PROJECT LEADERS in the context of Transactions and between the PROJECT LEADERS and 123SPONSOR or between the PROJECT LEADERS and the FANS. Thus the electronic documents will prevail between the Parties in any dispute unless the party against whom the electronic document is invoked demonstrates the lack of probative character.
123SPONSOR will keep on behalf of the PROJECT LEADER or on behalf of the SPONSOR, the traces of their registration on the Web Platform for a maximum period of THREE years.
This information is necessary for the processing of your Contract and the management of our commercial relations. In accordance with the law of 6/01/1978, you have the right to access, rectify and oppose information concerning you. Only our company is the recipient of this information. You can ask not to receive our offers by clicking on the unsubscribe link which will be on the notifications that may be sent to you later or by sending us an email at [email protected]
We inform you that certain personal data are strictly necessary for the performance of the services requested and for the security of transactions. We inform you that you have the right to access, modify and delete data concerning you in accordance with the Data Protection Act (articles 38 to 40 of the Data Protection Act of January 6, 1978) by sending a mail to SAS NETWIDOO - Service 123SPONSOR - 8 rue du Faubourg Poissonnière - 75010 Paris.
16 – General provisions
Any clause of the General Conditions of Use which would come to be declared null or unlawful by a competent judge will be deprived of effect, but its nullity shall not affect or modify the other provisions of these T & Cs or affect its validity as a whole. or in its legal effects.
The Parties will not be held responsible or considered to have failed in the provisions of the T & Cs for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by case law.
In the event of force majeure, the obligations of 123SPONSOR and the Participants are suspended for its entire duration.
123SPONSOR reserves the right to transfer to any company of its choice all or part of the rights and obligations arising between the Participants and 123SPONSOR.
17 – Independence of SPONSORS
The SPONSORS operate on the Platform in a completely independent manner and their Registration does not constitute any relationship of subordination, agency, company created de facto or in participation or representation with 123SPONSOR.
18 – Applicable law - Competent courts
These General Conditions of Use are subject to French law. Any dispute between a Participant and 123SPONSOR that is not resolved amicably will be brought before the Tribunal de Grande Instance of Paris, except in cases where such a conventional attribution of jurisdiction would not be opposable to the applicant in his capacity as consumer.