Terms of Use

1. Purpose

These Terms of Use (ToU) govern the relationship between ConciergIT (hereinafter "the Publisher") and partner resellers (hereinafter "the Reseller") within the framework of the NFCard NFC business card resale program.

2. Eligibility Requirements

To become a Reseller, the applicant must:

• Be a legally incorporated entity
• Provide a valid business registration number (SIRET)
• Demonstrate business activity related to digital services, marketing, or communications
• Accept these Terms of Use

3. Commission Structure

4. Sales Attribution and Tracking

Sales are attributed to the Reseller via a unique referral code using the "first-touch" principle:

• A tracking cookie is set upon the first visit through the referral link
• This cookie is valid for 30 days
• Attribution becomes final upon the first confirmed payment
• The Reseller has access to a dashboard to track their sales and commissions in real time

5. Commission Payments

5.2 Payment Terms

Validated commissions are paid under the following conditions:

• Frequency: payment made the month following commission validation
• Payment method: bank transfer to the bank details (RIB) provided by the Reseller
• Payment deadline: 30 days maximum from receipt of a compliant invoice

5.4 Verification and Dispute

The Reseller has 15 days from the dashboard update to dispute the validated commission amount. After this period, the displayed amounts are deemed accepted.

The Publisher reserves the right to verify transactions generating commissions and to recover any amounts unduly paid, particularly in case of:

• Order refund or cancellation
• Customer non-payment or commercial dispute
• Fraud, manipulation, or abuse of the referral system
• Non-compliance with these ToU

5.5 Guarantee Withholding

The Publisher reserves the right to withhold 10% of commission amounts for a period of 90 days to cover potential customer refunds or disputes. This withholding will be released the following quarter if no incident is reported.

6. Reseller Obligations

6.1 General Obligations

The Reseller agrees to:

• Promote NFCard products fairly and in compliance with applicable laws
• Not engage in misleading or unfair commercial practices
• Not represent themselves as an official representative of ConciergIT without prior written authorization
• Maintain confidentiality of customer information and commercial data
• Not modify, alter, or circumvent the referral link system
• Keep contact information, bank details (RIB), and legal documents (KBIS, etc.) up to date
• Issue invoices in compliance with applicable French tax regulations

6.2 Prohibited Practices

The following are strictly prohibited under penalty of immediate termination and cancellation of all commissions:

• Any form of fraud, manipulation, or abuse of the referral system (creating fake accounts, false orders, etc.)
• Use of spam techniques, unsolicited advertising, or aggressive practices
• Guaranteeing specific results to clients without prior agreement from the Publisher
• Use of the NFCard or ConciergIT brand in a manner that damages their reputation
• Resale or transfer of the reseller account to a third party without written authorization

6.3 Liability and Indemnification

The Reseller is solely responsible for their commercial and marketing actions. They shall indemnify the Publisher against any claim, legal action, or damage resulting from their commercial practices or breach of these ToU. The Reseller agrees to fully compensate the Publisher for all costs, damages, and interest that may result from such action.

7. Limitation of Liability

The Publisher shall not be held liable for:

• Commission losses resulting from service interruption, technical bugs, or maintenance
• Variations in the Reseller's revenue or commercial results
• Customer refunds, cancellations, or disputes occurring after commission validation
• The accuracy or completeness of data displayed in the reseller dashboard
• Any indirect damage, loss of profit, or consequential losses

The Publisher's total liability, for all damages combined, is limited to the amount of commissions actually paid to the Reseller during the 12 months preceding the event giving rise to liability.

8. Duration and Termination

8.1 Duration

The contract is entered into for an indefinite period from the date of the Reseller's acceptance.

8.2 Ordinary Termination

Either party may terminate the partnership at any time with 30 days' notice sent by email. Validated commissions for sales made before termination remain due, subject to the issuance of a compliant invoice within 30 days of termination.

8.3 Immediate Termination

The Publisher reserves the right to immediately terminate the partnership without notice in the event of:

• Serious breach of these ToU
• Fraud, unfair commercial practices, or abuse of the referral system
• Damage to the reputation or image of NFCard or ConciergIT
• Judicial liquidation, receivership, or cessation of the Reseller's activity
• Failure to issue invoices for more than 90 days despite reminders

In the event of termination for serious breach, the Publisher reserves the right to cancel all pending commissions and request the return of any amounts unduly paid.

9. Amendment of Terms

The Publisher reserves the right to amend these ToU at any time to adapt to legal, regulatory, or commercial developments. Resellers will be notified by email 30 days before any substantial changes take effect.

Continued reselling activity after notification constitutes acceptance of the new terms. If the Reseller rejects the changes, they have 30 days to terminate the partnership without penalty.

10. Personal Data Protection

The Reseller's personal data (name, email, bank details, etc.) is processed in accordance with the GDPR and French data protection laws. This data is necessary for managing the partnership and paying commissions.

The Reseller has the right to access, rectify, and delete their data by contacting contact@conciergit.fr. Data is retained for the duration of the partnership and for 10 years thereafter for accounting and tax purposes.

11. Applicable Law and Jurisdiction

These ToU are governed by French law. Any clause contrary to mandatory French laws shall be deemed unwritten without affecting the validity of the other provisions.

In the event of a dispute relating to the interpretation, execution, or termination of these ToU, the parties shall endeavour to find an amicable solution within 30 days of notification of the dispute.

Failing amicable resolution, any dispute shall be brought before the competent courts of Aix-en-Provence, to which the parties expressly assign jurisdiction, including in cases of summary proceedings, multiple defendants, or third-party claims.