1. General Terms and Conditions of Sale Framework
1.1. General framework of the General Terms and Conditions of Sale. These general terms and conditions of sale (GTC) constitute, in accordance with Article L. 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which Via Agency, sometimes referred to as "Via Agency Media" (registered trademark) or "The Provider," provides the following services to professional and institutional clients, sometimes referred to as "The Client" or "The Clients":
– Sale of advertising space in dedicated locations via websites and/or by printing on all media, including paper and digital.
The marketing of advertising space is carried out by all means such as websites, email, SMS, telephone, video conference, in person and by any other means.
– Communication consultancy, to support and assist clients in the implementation of the design and production of advertising materials and/or the design, assistance, implementation and/or monitoring of advertising campaigns.
– implementation of editorials (articles, press releases, interviews, sponsorships, etc.).
– implementation of visuals (graphics, video, etc.).
The websites implemented by Via Agency and described below allow, among other things, the sale of advertising space: via-agency.media, yearbook-media.com, afrique.yearbook-media.com, cameroun.yearbook-media.com, congo.yearbook-media.com, gabon.yearbook-media.com, madagascar.yearbook-media.com, rdc.yearbook-media.com, togo.yearbook-media.com, this list is not exhaustive.
The services and activities of communication consulting, creation of editorial content, visuals, the qualifications of services, the deadlines for completion, the services rendered and the payment terms are the subject of exchanges between on the one hand the Provider (its representatives, its subcontractors or its agents) and on the other hand the clients in the form of Emails, sms, telephone meetings, video conferences, face-to-face meetings, etc., and are described in the contracts binding the parties and/or in the purchase orders, finally by invoices sent by the Provider after the payment(s) for the services.
1.2. Scope of the General Terms and Conditions. These General Conditions of Sale apply, without restriction or reservation, to all Services provided by the Service Provider to Customers of the same category, regardless of the clauses that may appear in the Customer's documents, and in particular its general conditions of purchase.
The General Terms and Conditions of Sale (GTC) are accessible on this website and on the Provider's other websites and are available to any Client upon request. Any order for Services implies the Client's acceptance of these General Terms and Conditions of Sale. Information appearing on the Provider's websites, as well as commercial proposals offered electronically (email, messaging, videoconference, etc.), by telephone, in print, or during business meetings, are provided for a specific period and are subject to revision by the Provider. The Provider reserves the right to make any modifications at any time, provided they comply with applicable laws and regulations. Contracts and/or purchase orders specify the terms of service delivery and the prices.
2. Services, purchase order & invoice
2.1. Services. The services of selling advertising space, communication consultancy activities, creation of editorials and visuals, are considered complete only after establishment and signature of a contract and/or establishment of an order form accepted by the client and/or by payment of all or part of the service, one or more of these elements constitutes acceptance by the Client of the proposed service.
The Provider has electronic means to establish order forms based on customer choices (including order acceptance and confirmation). Customers can purchase advertising space on the Provider's websites with the best possible convenience and speed.
For orders placed by customers on the service provider's websites, orders are considered final when a customer validates their order(s). The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance (Article 1127-2 of the French Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
2.2. Purchase orders and invoices. After orders are placed by Clients, Via Agency sends them order confirmations by email. Therefore, email addresses must be entered correctly and accurately by Clients. In case of an error in the email address, Via Agency declines all responsibility and the order confirmation is invalid. Orders must be paid by Clients within 15 days. Beyond this period, Via Agency reserves the right to cancel the order without the Clients being entitled to any compensation or reimbursement.
No discount will be applied by the Service Provider for payment before the date appearing on the invoice or within a period shorter than that mentioned in these General Conditions of Sale.
Via Agency sends invoices to clients by email. Clients must provide accurate and complete email addresses; Via Agency accepts no responsibility for errors in email addresses. Invoices are issued by Via Agency after payment by the client. For payments made in installments, an invoice is issued for each installment paid, and after the final installment is paid, a summary invoice is sent to the client by email.
Furthermore, purchase orders and invoices can be downloaded from Customer accounts if the accounts were created by the Customers before the date of creation and issuance of the purchase orders and invoices by Via Agency.
The data recorded in the Provider's computer system constitutes proof of all information provided by the Client and of commercial transactions (purchase orders and invoices) concluded with the Client.
3. Publication and legal framework
3.1. General frameworkAll advertisements and the elements that make up the advertisements (including images, videos, texts, sounds, etc.) must comply with French legislation.
3.2. Publication and non-publication of advertisements. The management and/or editorial staff of Via Agency reserve the right not to publish advertisements that do not comply with current legislation and/or the technical specifications established by Via Agency and/or that would be detrimental to the countries covered by a Yearbook Economic Report and/or that would be detrimental to advertisers and/or that would be detrimental to the company Via Agency.
3.3. Advertisements and Intellectual Property. By accepting the General Terms and Conditions of Sale, the Client undertakes to have all intellectual property rights (including image rights and copyrights) on the elements necessary for the performance of the services, to transmit them to the Provider and to guarantee them for the entire duration of the performance of the services plus an additional period of 6 months in order to carry out the administrative and technical processing related to the deletion of the elements.
Therefore, Via Agency cannot be held liable in any way for the reproduction and distribution of the advertisement, on any medium belonging to Via Agency, for the entire duration of its reproduction and distribution plus six months.
3.4. Via Agency creations and intellectual property. Via Agency owns the intellectual property rights to the creations and developments of studies, drawings, models, prototypes, etc., produced (even at the Client's request) for the purpose of providing services to the Client. The Client is therefore prohibited from reproducing or using said studies, drawings, models, prototypes, etc., without the express, prior written authorization of the Service Provider, who may require a financial consideration in addition to the payment for the advertising publication service.
4. Advertising spaces
4.1. Advertising spaces. From the advertising agency website yearbook-media.com, the Via Agency Media website (accessed via the heading "Purchase of advertising spaces") and the various country websites (accessed via a gold colored dot) advertisers have access to the functionalities of purchasing advertising spaces (represented by light blue areas).
4.2. Types of advertising spaces. On all pages of the proposed websites, there are two types of advertising spaces: fixed advertising spaces and, per web page, one or more pop-up advertising spaces (see the description of the characteristics of pop-ups in point 5.4).
5. Creation and/or transmission of advertisements
5.1. Creating ads. Via Agency offers the option to create ads from country-specific websites and the yearbook-media.com advertising network. Ads must be dragged and dropped or uploaded into the designated advertising spaces. Via Agency assumes no responsibility for the creation of ads on these websites.
5.2. Transmission advertisements. Advertisements created and/or submitted to Via Agency, in visual and/or written format, must comply with current legislation and meet the specifications described below to be published, subject to validation by Via Agency on Via Agency's websites. Publication by Via Agency constitutes acceptance; otherwise, an email may be sent to the advertiser by Via Agency. In any case, if the advertisement is not published within two weeks, this is considered a refusal of publication by Via Agency due to non-compliance with technical and/or legal criteria. In this case, no full or partial refund may be requested by any third party (prospect, advertiser, public or private client, and/or representative of a third party, etc.).
5.3. Specifications and formats of advertisements
Video. 16:9, proportional or other dimensions, videos in .mp4 .mov .webm formats. Maximum duration 30 sec. Maximum size 2 MB
Banners. 970x250px or 300x250px (or proportional dimensions). Fixed banners in .jpeg .png format, maximum size 150 KB. Animated banners in .gif format, maximum size 150 KB
Press releases. Documents including visuals and texts. Press releases in .docx .doc .pdf formats. Maximum size 400 KB
Interviews. Documents including visuals and texts. Interviews in .docx .doc .pdf formats. Maximum size 400 KB
Sponsorships. The sponsorship text includes the company name and/or brand and/or logo. The text is limited to a maximum of four lines, for a total of 120 characters, including the sponsorship statement. The font style, font size, logo dimensions, adjustments to the various elements, and final placement are defined and established by Via Agency.
5.4. Pop-up Specifications. The specifications are as follows:
. Displaying the pop-up when the page opens
. Option to manually move the pop-up within the page
. The pop-up follows the movement of the web page and is always visible; it cannot be moved or hidden outside the visible area.
. The pop-up can only be closed after 4 seconds by clicking on a cross located in the top right corner of the ad.
. The advertisements published in the pop-up can be in banner, video, press release, interview or sponsorship format, the characteristics of which are detailed in point 5.3.
Specifications may change over time depending on decisions made by Via Agency.
6. Performance of the service
6.1. Execution deadlines. The service will be performed within 21 days. This timeframe includes the time it takes for the Provider to receive all the necessary information for the performance of the services (the technical and administrative information provided must perfectly match the specifications requested by the Provider) and to receive the first installment payment for orders paid by credit card or bank transfer. The 21-business-day period is extended to 30 business days for orders placed during July, August, and December.
This period does not constitute a strict deadline and the Provider shall not be held liable to the Client for any delay in the provision of Services not exceeding 30 working days and 60 working days if the technical elements are independent of Via Agency.
6.2. Compliance of advertisements. In the case of advertising space sales, a service delivery period allows the Service Provider to verify that the texts and visuals submitted by the client comply with applicable legal requirements and technical specifications (see section 5.3). This also allows the Service Provider to verify that the selected pricing structure is appropriate for the submitted advertisement. In the event of non-compliance, the client may be notified by email by Via Agency. Non-compliance automatically terminates Via Agency's performance of the service, and no full or partial refund may be requested by any third party (prospect, advertiser, public or private client, and/or representative of a third party, etc.). Ensuring compliance is the sole responsibility of the client. The client expressly agrees that the Service Provider may modify the formats, texts, and visuals to comply with applicable legal requirements and technical specifications. The Service Provider may, at its sole discretion, offer the Client a compliance service, which will be subject to a separate quote. In the event of non-compliance, the service will be cancelled at the sole discretion of the Provider. No full or partial refund may be requested by any third party (prospect, advertiser, public or private client and/or representative of a third party, etc.) and the Provider shall not be held liable.
By accepting these general terms and conditions of sale, the customer agrees to accept the decisions of the Service Provider and releases the service provider from any legal proceedings, regardless of the jurisdiction.
6.3. Performance of the service. The elements necessary for the execution of advertising space sales services include selecting a website page to which the advertisement can be linked, the Client submitting technical elements that conform to the specifications described in the purchase interface, choosing an advertisement format, selecting the campaign start and end dates, and selecting the advertiser's company's nationality. At the Client's request, the Service Provider may offer communication consulting and/or the creation of written content or visuals, which will be subject to a separate quote. During the purchase process, the Client has the option to defer sending their advertisement. In this case, they can submit their advertisement up to 8 days after payment via the link in the order confirmation email.
The client selects the start and end dates of their campaigns, which allows the duration of each campaign to be calculated. The first day of the campaign is dedicated to setting it up; this first day is not included in the duration calculation. For example, a campaign with a start date of day J and an end date of day J+10 has a duration of 10 full days, from day J+1 to day J+10 inclusive.
The Provider's website(s) have an automatic translation feature into English powered by Google Translate. The Client can place orders using this English translation feature. However, the Client is advised that only the French text will be considered valid in the event of a dispute.
The Client is also informed that the Provider's website(s) are subject to change: titles and names may be modified, articles may be updated, etc. In all cases, the Provider will make every effort, within the scope of its obligations, to maintain the level of services provided to the Client. The Provider is not bound by an obligation of result; in the event of non-delivery of the service, the Client will be offered a rescheduling to another date and/or a substitute service, or a partial refund (pro rata temporis).
The services offered by the Provider depend on the operation of third-party networks and services, including: internet infrastructure, hosting services such as Hostinger or any other hosting provider, email service providers such as SMTP2GO or any other email service provider, and other service providers. Therefore, the Provider cannot be held liable for any unavailability, failure, or malfunction attributable to these networks, hosting providers, or service providers. The Provider is bound by an obligation of means, not of result.
In the event of an inquiry or a service failure, the client should contact the service provider at the following email address: contact@via-agency.media. The client must provide their full contact information, including their reference number and details, and clearly describe the problem(s) encountered. Otherwise, Via Agency may not be able to respond.
7. Pricing
The current rates and price lists are available in the advertising space purchasing areas of the Service Provider's websites. Rates are freely set by the Service Provider and change regularly.
7.1. Pricing schedules.To facilitate support for countries and the ability of companies to advertise on the Provider's websites, pricing schedules are adapted to the different countries where companies operate, based on the following criteria: country GDP, GDP per capita, exchange rates against the Euro and the Dollar, and the number of very large companies and multinational corporations in the country. Sources used to establish country classifications and pricing include the UN, the World Bank, and the IMF (other references may be used). These criteria allow Via Agency to establish two groups of countries: Group A and Group B. If a country is not assigned to one of the two groups, please contact us via [link/contact information missing]. contact@via-agency.media
Group A of countries has a tariff structure with highly targeted and competitive prices on the market and consists of the following countries:
South Africa, Algeria, Germany, Andorra, Saudi Arabia, Argentina, Australia, Austria, Bahamas, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, South Korea, Cyprus, Egypt, United Arab Emirates (UAE), Spain, Estonia, United States of America (USA), Finland, France, Greece, Hong Kong, Hungary, Cayman Islands, Marshall Islands, India, Indonesia, Iraq, Ireland, Iceland, Italy, Israel, Japan, Kazakhstan, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Morocco, Mexico, Monaco, Montenegro, Nigeria, Norway, New Zealand, Netherlands, Peru, Philippines, Poland, Puerto Rico, Portugal, Qatar, Czech Republic, Romania, United Kingdom, Russia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Thailand, Taiwan, Tunisia, Vietnam.
Group A countries – First day of campaign rates
A sliding scale rate of 0.5% applies from the 8th day of the campaign.
Minimum campaign duration of 7 days
Maximum campaign duration of 200 days
Home P.: Home page
Other P.: Other Pages (themes, sectors and articles)
hdp: position of an ad at the top of the page on one of the two first rows of advertising spaces
cdp: position of an ad in the body of the page from the 3rd row of advertising spaces
Country Group B has a price list with reduced prices and consists of the following countries:
Afghanistan, Albania, Angola, Antigua and Barbuda, Armenia, Aruba, Azerbaijan, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda, Bhutan, Belarus, Burma, Bolivia, Bosnia and Herzegovina, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Comoros, Costa Rica, Côte d'Ivoire, Croatia, Curaçao, Djibouti, Dominica, Ecuador, Eritrea, Eswatini, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Equatorial Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Jordan, Kenya, Kyrgyzstan, Kiribati, Kosovo, Laos, Lesotho, Lebanon, Libya, Macau, North Macedonia, Madagascar, Malawi, Maldives, Mali, Malta, Mauritius, Mauritania, Micronesia, Moldova, Mongolia, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Niger, Oman, Uganda, Uzbekistan, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Central African Republic, Democratic Republic of the Congo (DRC), Dominican Republic, Republic of the Congo, Rwanda, Saint Kitts and Nevis, Saint Lucia, San Marino, Saint Martin (Netherlands), Saint Vincent and the Grenadines, Solomon Islands, El Salvador, Samoa, Sao Tome and Principe, Senegal, Serbia, Seychelles, Sierra Leone, Sudan, South Sudan, Sri Lanka, Suriname, Tajikistan, Tanzania, Chad, East Timor, Togo, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Uganda, Ukraine, Uruguay, Vanuatu, Venezuela, Yemen, Zambia, Zimbabwe.
Group B countries – First day campaign rates
A sliding scale rate of 0.5% applies from the 8th day of the campaign.
Minimum campaign duration of 7 days
Maximum campaign duration of 200 days
Home P.: Home page
Other P.: Other Pages (themes, sectors and articles)
hdp: position of an ad at the top of the page on one of the two first rows of advertising spaces
cdp: position of an ad in the body of the page from the 3rd row of advertising spaces
7.2. Degressive daily rate. The daily rate decreases starting on the 8th day of the campaign. From the 8th day of a campaign, the rate for each additional day is equal to the previous day's rate, reduced by a percentage of 0.5%. The total campaign rate is rounded up to the nearest euro.
7.3. Duration of campaigns and tariff changes. The minimum duration of a campaign is 7 days. The maximum duration of a campaign is 200 days.
Via Agency may at any time change and/or stop the country classification method, change the methods of calculating tariff grids, and/or change the percentage of degressivity.
The criteria, rates, creation of country groups, and/or a country's place within a group may change at any time by decision of the Provider. The countries and country groups listed are indicative only and may change at any time.
7.4. Specific rates. Via Agency may at any time choose to offer specific rates that may deviate from the general rates presented. These may include, among other things, promotional rates, specific campaigns, and targeted sales approaches.
7.5. Services. Services are provided at the Provider's rates in effect on the date the order is placed, according to the order form previously issued by the Provider and accepted by the Client, as indicated in Article 2 "Services, Order Form & Invoice" above. Prices are net, excluding VAT, and are quoted in euros, the reference currency.
8. Exchange rates
Depending on the client's country of origin and/or establishment, they may, according to applicable laws, have the option to pay by credit card. The client may choose to pay in a currency other than the Euro from among the following: USD, GBP, CHF, XAF, XOF, CDF, MGA. In this case, the price in Euros is converted into the client's chosen currency based on the exchange rate updated daily by the supplier at openexchangerates.org at 4:15 PM (Paris time, i.e., UTC +1 in winter and UTC +2 in summer). The price converted into the chosen currency is shown on the order form and invoices. In case of dispute, the reference prices are those quoted in Euros. In the event of non-convertibility and/or depreciation of a currency against the Euro, the Service Provider reserves the right to cancel orders for which conversion to Euros has not been completed due to non-convertibility and/or for any other reason, including but not limited to technical, banking, financial, and administrative reasons. or, at an exchange rate that is too low or unfavorable to Via Agency. The service provider alone reserves the right to decide whether an exchange rate is too low, unfavorable, and/or not convertible for its business.
9. Payment method
9.1. Payment by bank transfer. Payment by bank transfer allows for the payment of services in several weekly installments at no extra cost. Each installment has a payment period of 7 days. The first installment is due within 7 days of placing the order. Subsequent installments are due within 7 days of the previous installment. The exact dates of each payment period are specified on the order confirmation provided to the Client. The maximum number of installments is defined so that the last installment falls at least one week before the latest campaign end date and cannot exceed 3 weekly installments. Upon receipt, the transfers are reconciled with the order and validated by the Service Provider. These operations can take between 3 hours and 2 days, after which the invoice is sent to the Client.
9.2. Payment by bank card. Payment by credit card allows you to pay for services in several weekly installments at no extra charge, starting from the order date as specified on the order confirmation provided to the Client. Credit card payments must be made within 2 hours of placing the order. Credit card payments are processed by Stripe.com. The maximum number of installments is set so that the last installment is due at least one week before the latest campaign end date and cannot exceed 8 weekly installments. After each installment payment, an invoice is sent to the Client. A final invoice is then sent after the last payment.
9.3. Failure to comply with payment terms. In the case of payment by bank card or by bank transfer in several installments, if the payment of installments is interrupted, the Provider reserves the right to suspend the provision of the Services ordered by the Client and to suspend the performance of its obligations.
If the amounts due are paid after the date indicated on the invoice, the Client will be liable for a fixed compensation of 40 euros for recovery costs.
10. Guarantees & Right of Withdrawal
The Provider guarantees, in accordance with legal provisions, the Client against any lack of conformity of the Services and any hidden defect, arising from a design fault or from the Supply of said services, excluding any negligence or fault of the Client.
The Provider's liability can only be incurred in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.
In order to assert its rights, the Client must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of the defects within a maximum period of 30 calendar days from their discovery.
The Service Provider will rectify or have rectified, at its sole expense, in accordance with appropriate procedures agreed to by the Client, within the framework of these general terms and conditions of sale, the Services deemed defective.
In any event, in the event that the Provider's liability is retained, the Provider's guarantee would be limited to the amount excluding tax paid by the Client for the Provision of the Services.
The Customer is not affected by the right of withdrawal unless the number of employees of the Customer is less than 6 and if the subject of the contract does not fall within the scope of the Customer's main activity. In the event that both conditions are met, the withdrawal period is set at 14 days. It runs from the establishment of the purchase order and its acceptance.
The Customer wishing to withdraw must inform the Service Provider in writing. If the customer has fully completed the administrative data (in particular, name of the person responsible for the purchase, up-to-date banking information, exact address, contact email), the Service Provider has 14 days to reimburse the full amount paid.
11. Personal data
The personal data collected from Customers is subject to computer processing by the Service Provider. They are recorded in its Customer database and are essential for processing the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable guarantees.
The data controller is the Service Provider. Access to personal data will be strictly limited to employees of the data controller, authorized to process it due to their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client's authorization being required.
In the course of performing their services, third parties have only limited access to the data and are obligated to use it in accordance with applicable data protection legislation. Except as stated above, the Service Provider is prohibited from selling, renting, transferring, or granting access to the data to third parties without the Client's prior consent, unless legally required to do so.
If the data is to be transferred outside the EU, the Client will be informed and the guarantees taken to secure the data (for example, for the United States in accordance with the adequacy decision of the European Commission of July 10, 2023 noting that the United States ensures a level of protection equivalent to that of the EU, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.
In accordance with applicable regulations, the Buyer has the right to access, rectify, erase, and transfer data concerning him/her, as well as the right to object to processing for legitimate reasons, rights that he/she may exercise by contacting the data controller at the following email address: contact@via-agency.media. In the event of a complaint, the Customer may submit a complaint to the National Commission for Information Technology and Civil Liberties.
12. Resolution & Applicable Law
Termination by operation of law for force majeure may not, notwithstanding the Termination clause for failure by a party to meet its obligations set out below, take place until ten (10) days after receipt of formal notice served by registered letter with acknowledgment of receipt or any extrajudicial act.
These General Terms and Conditions and the transactions resulting from them are governed exclusively by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authoritative in the event of a dispute. The fact that, where applicable, the usual exchanges between the service provider and the client take place totally or partially in a language other than French, may in no case be considered as a waiver of the application of these general terms and conditions of sale or any of its stipulations.
13. Acceptance
These General Conditions of Sale are expressly agreed to and accepted by the Customer, who declares and acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase, which will be unenforceable against the Service Provider, even if it has knowledge of them.