CGV & Legal Mentions

Article 1: Scope

1.1 This agreement is intended to define the terms and conditions under which RaDiance Conseil provides services to its customers via the spinwave.com website, specialized in content spinning in the French language. All of the characteristics of these services are detailed on this website and are permanently accessible on this page.

1.2 In the absence of specific provisions stipulated on a quotation addressed to the customer and validated by them, the present General Terms and Conditions prevail over any other. Their purpose is to inform on the conditions in which the services that we offer are performed.

1.3 Placing an order on this site shows irrevocable and definitive consent on your part regarding all of the provisions of these Terms and Conditions. Every order involves the acceptance without restriction or qualification of these Terms and Conditions, of which you acknowledge having perfect prior knowledge before committing to the order. You therefore waive the right to take advantage of any contradictory document, including your own General Terms and Conditions of purchase or payment.

1.4 We may modify these Terms and Conditions at any time, subject to making these modifications viewable on our website. Each clause of this contract is self-sufficient, the invalidation of one having no effect on the others.

Article 2: Definitions

Hereunder, each of the expressions listed below will have the meaning attributed to it here, namely:

  • SpinWave / RaDiance Conseil / our company/ the provider /we: refers to SAS RaDiance Conseil, whose headquarters are located at 35 rue Saint-Simon, 69009 LYON (France), a simplified joint stock company with a capital of €105,000 currently being registered  with the LYON RCS. Tel: 0805 69 29 89 – Email : contact@radianceconseil.com – Website: www.radianceconseil.com –  RCS number: 802 855 221 LYON  /  SIREN 802 855 221 – EU VAT number: FR94 802855221.
  • Client/Customer: refers to any natural or legal person signatory to an order, whether in physical or electronic format.
  • Services: refers to all services of any kind provided by SpinWave to a customer.
  • Supplier: refers to any natural or legal person with whom RaDiance Conseil may have signed a contract whose object is related to or arises from the services offered.
  • Network: a set of facilities ensuring either the transmission, or the transmission and routing between the entdpoints of the network or the telecommunications signal, as well as the exchange and management of order information associated with it. Whether the network is internal, local, public, private or other is here without influence; this term covers both intranet and internet networks.
  • Internet: set of networks of all sizes interconnected through the IP protocol.

Article 3: The services offered by SpinWave

  • Writing and Content Spinning.
  • Provision of referencing software and tools.

This list is not exhaustive, it will evolve based on customer expectations and market developments.

Article 4: Service prices

4.1 The prices indicated are in euros and do not include taxes. Any additional requests made by the customer after order will be subject to an amendment and will incur an additional cost payable in cash.

4.2 All orders, no matter their origin, are payable in euros.

4.3 The prices of our services may be modified at any time by external events. These modifications will be posted online and brought to your attention before any order. SpinWave reserves the right to adjust its rates when renewing subscriptions (maintenance contract, optimization, hosting), particularly depending on potential changes imposed by the registration agencies, exchange rate fluctuations, additional taxes, or any pricing policy changes by SpinWave or its suppliers.

Article 5: Intellectual property

5.1 All elements provided by a customer remain their property.

5.2 All elements modified by SpinWave and provided by a customer remains the property of the customer when it comes to the starting elements, and the property of SpinWave when it comes to the modifications.

Article 6: Client responsibility

6.1 In order for SpinWave to provide the services that have been ordered by the client, the latter must:

  • Promptly answer the questions asked by the provide and provide all of the elements required to enable it to move forward efficiently.
  • Be bound by the present Terms and Conditions in their own name, or through the name of a company from which they were mandated.

In case the client does not provide all of the necessary elements within {NUM1} calendar days, the service provider is entitled to terminate the order without having to refund to the customer the amount paid by them.

6.2 If changes/additions are requested more than 3 hours after the order, they will be subjected to a additional charges for the time already passed, at an hourly rate of €65 excluding taxes. Such changes/additions will extend the time necessary for service provision.

6.3 The customer is responsible for the payment of all amounts due for the provision of services, respecting the settlement methods and deadlines defined by SpinWave: cash settlement on the website, Paypal or bank transfer.

6.4 In case of a payment by bank transfer, the order will only be taken into account and positioned on the schedule from the day on which funds are received.

6.5 The customer agrees to provide accurate and truthful information and undertakes to inform us of any change to the data provided. They will be solely responsible for any problems which may result from erroneous information. The customer must maintain an e-mail address and a valid mailing address.

Article 7: SpinWave’s Responsibility

7.1 SpinWave undertakes to provide in a timely manner the orders made (the deadlines differ depending on the nature of the order and the workload) and commits itself to make every effort to achieve customer satisfaction.

7.2 SpinWave disclaims all liability in case of major technical problem which would impede the proper realization of orders (attacks, wars, natural disasters, any case of force majeure or prolonged Internet outage beyond our control.

7.3 RaDiance Conseil reserves the right to refuse any document, text or image contrary to its ethics, morality, or which is inconsistent with the laws currently in place.

7.4 The customer declares that they agree to the characteristics and limitations of the Internet and particularly acknowledges the following points: SpinWave does not own the data centers in which its site is hosted and is thus unable to guarantee the total protection of the data circulating on the web, including against possible misuse by malicious users, and cannot be held responsible for problems related to accomodation, the reliability of data transmission, access time, site loading speed, or default in the payment process.

7.5 SpinWave delivers a finished product meeting precise specifications. In no case may we guarantee that the services ordered by the customer will ensure a better positioning in search engines.

7.6 Given the Internet’s characteristics and limitations, SpinWave cannot be held liable for, among other things:

  • The content of information transmitted, distributed or collected as well as any files, for any reason whatsoever.
  • Potential changes made by the customer or another service provider to the delivered files. SpinWave may not be held liable for any problems that may arise when using these files.
  • Any difficulties of access to the site, of a failure and/or saturation at certain times of traffic to the operators of the Internet transmission systems and, in particular, of their access providers;
  • The non-delivery of e-mails;
  • The contamination by virus of the data and/or client software, whose protection is the responsibility of the latter;
  • Malicious intrusions on the customer website and/or to the customer’s electronic inboxes. However, SpinWave agrees to do everything in its power to secure the system against malicious intrusions. Here, this is an obligation of means, and not of results.
  • Damages which may be incurred by equipment connected to the hosting platform (customer terminals) or their misuse;
  • The potential theft/misuse of passwords, PINs and, more generally, of any information of a sensitive nature for the customer;
  • Damages not resulting directly and exclusively from the partial or total failure of the services provided by SpinWave such as commercial damages, loss of orders, commercial trouble, or loss of profit or customers.

7.7 SpinWave reserves the right to temporarily suspend access to its services for maintenance reasons. However, our company is committed to implementing all of the means at its disposal to minimize such disruption by scheduling them at the best available times.

7.8 SpinWave may not be held responsible for the loss of data on the hosting servers which it uses. However, our company agrees to do everything in its power to secure customer data and perform regular backups. Here, this is an obligation of means, and not of results.

7.9 In case of incapacity, through sickness or accident, of an employee in charge of a project, we reserve the right to modify the current schedule without the customer having recourse to a compensatory payment. It is accepted that SpinWave must warn the customer should an order be delivered more than {NUM2} weeks beyond the date initially agreed to.

7.10 SpinWave agrees to inform customers having pending orders during the company’s temporary closure for holidays. The closure period can range from a few days to 4 weeks (in Summer). Of course, the production schedule is shifted accordingly.

Article 8: Offers and Rates

8.1 The current rates are as stated on the website. They may change at any time without giving customers the right to demand a rate applied at an earlier date.

8.2 The pricing terms of so-called « promotional » offers, which are marked as such, are only valid for the duration which they specify.

8.3 RaDiance Conseil reserves the right to modify its terms of sale, its formulas and its pricing at any time, and without notice. Such modifications will have no impact on current orders.

8.4 RaDiance Conseil reserves the right to include, without notice, any new tax or increase in the rate of existing taxes on its rates.

Article 9: Payment Terms and Delays

9.1 Invoices are payable in cash as a part of ad hoc services.

9.2 In case of payment by bank transfer, it is the arrival of the money owed on the account that will trigger the order. This payment method is not compatible with an express delivery request.

9.3 The customer may not claim a compensation from SpinWave due to the suspension of its services following a payment incident.

Article 10: Modifications to the General Terms

10.1 SpinWave reserves the right to modify the General Terms and Conditions at any time, including upon request from supervisory authorities (ICANN, Registrar and/or AFNIC). Any new version of the General Terms and Conditions will come into force upon its publication on SpinWave’s website.

10.2 You agree to periodically consult SpinWave’s website, on which will be specified the effective date of the last modification of the General Terms and Conditions.

Article 11: Claims

11.1 All claims of any kind, in order to be valid, must be received by RaDiance Conseil – 35 rue Saint-Simon – 69009 LYON – (France) and be addressed to Ms. Florence Le Vot, by registered letter with acknowledgment of reception within 10 calendar days after the delivery of the services concerned. After this time, the work and the conditions of its execution will be considered as accepted.

11.2 The parties expressly agree that the presence of an identification code validly identifies the author of a document or message and establishes the authenticity of the document or message. An electronic document containing an identification code is equivalent to a signed document by the issuing person. The parties may print an e-mail to prove the content of the exchanges that they have had with regards to the execution of these General Terms and Conditions. The data recorded by our company during registration and orders are proof of all transactions conducted with our customers.

11.3 The fact that any of the present General Terms and Conditions may not be invoked at any particular time in these exchanges may not be interpreted as a waiver of the right to enforce it at any later point.

11.4 Should any of these General Terms and Conditions be declared invalid or contrary to a public policy provision, it will be deemed unwritten and the other stipulations will remain in force.

Article 12: Reference to clients

12.1 The Client authorizes SpinWave to mention their name or company name in its business documents, for reference purposes and for its own commercial promotion.

Article 13: Confidentiality

13.1 Each of the parties must treat as confidential, both during the term of the contract and after its termination, the information, documents, systems, know-how, formulas, or any data coming from the other party of which it has learned during the execution of the contract, and may not disclose them to any third party whatsoever, nor use them for purposes falling outside of the needs of the contract.

Article 14: Customer Services

14.1 All claims and/or requests for information may be submitted to our enterprise.

  • By postal mail addressed to:

    RaDiance Conseil

    Florence Le Vot

    35 rue Saint-Simon

    69009 LYON (France)

  • By email addressed to: infos@spinwave.com
  • By telephone at: 0805 69 29 89 (Toll free number) Monday to Friday from 9:00 to19:00.

Article 15: Non-exclusivity

15.1 In no event will SpinWave allow the exclusivity of its services to a customer in its business sector. The customer accepts that SpinWave may make offers and services to another client working in the same branch and/or geographic location.

Article 16: Applicable law, jurisdiction attribution

16.1 This contract is governed by French law. In case of dispute, the courts of Lyon (Rhone) are given full powers of arbitration.

16.2 For the execution of this contract, the parties respectively name RaDiance Conseil – SpinWave, domiciled at the following address: 35 rue Saint-Simon – 69009 LYON (France), and the client domiciled at the address indicated by them during the orders made on our site.

Article 17: website hosting

17.1 This website is hosted on one of RaDiance Conseil’s servers.