Terms of use
1. Object
These general conditions of sale and use (hereinafter: “Terms”) are intended to define the practical arrangements of the Service available at “fr.oseox-monitoring.com” (the “platform”) and the general terms of use of the Service by a user (hereinafter: “the Client”). The Service is provided by the SARL (French LLC) ASEOX, with capital of 1 000 $, whose headquarters are located at 31 rue de la Fonderie, 59200 Tourcoing, registered in the Lille Trade and Companies under number 514 076 157 (hereinafter : “ASEOX”). These Terms constitute, in accordance with Article L.441-6 of the French Commercial Code, the sole basis of commercial relationship between ASEOX and a Client.
Any use of the Service constitutes the Client’s acceptance without reservation of these Terms. These General Terms and Conditions are unalterable by contrary stipulations included in the general conditions of sale to the Client or, more generally, its commercial documents, regardless of the date on which those provisions are expressed, apart from a specific written agreement by ASEOX. The applicable Terms are those in effect on the day of use of the Service by the Client.
ASEOX reserves the right to modify these Terms at any time. The amended Terms will be posted on the Platform. The Client will be informed of the changes by receiving an email from ASEOX to the email address specified by the Client during his registration to the service.
2. Access to the Service and operation
OSEOX MONITORING allows the Client to daily monitor a website and be informed by email in case of any change of some elements of the site that could affect its SEO on search engines (hereinafter: the “Service”).
Access to the Service is provided to the Client in the form of an Internet subscription. The price of the subscription does not include the cost of telecommunications to access the Service. By no means can ASEOX be held responsible for any Internet access interruptions to the Service, when attributable by the Internet service provider chosen by the customer.
2.1. Client registration
Registration for the service is free. Only registered customers will be able to accept an offer to access the Service. Subscription to the Service is contingent on the opening of an account on the Platform: the Client must provide his email address, a password and all mandatory information requested from him. He commits to providing a valid email address during the entire use of the Service. Any change of email address must be communicated to ASEOX. Otherwise, the customer will bear the consequences.
The acceptance of the Terms is done by checking the “I understand and agree to the terms and conditions of sales and use” option when creating a Client account. This acceptance is automatically comprehensive, any conditional approval will be considered null and void.
The Client certifies he is of legal age and fully legally capable. Any Client can also ask to speak with the person in charge of the website using the form “Contact us”. ASEOX reserves the right to refuse any Client with whom there is litigation (legal dispute) or who does not present the solvency guarantees required.
Following the registration process, an account is opened in the name of the registered customer who has previously selected an ID (the email) and a PIN. This account is accessible by the Client by entering his ID (the email) and his PIN. Opening an account and using Service imposes no obligation to purchase. The Client can connect to their account at any time, except for the periods of service maintenance periods.
2.2. Service Operation
The Client indicates in his Client account the website or websites he wants to monitor: a website (“http://www.exemple.fr”) is composed of a protocol, an optional sub-domain and a domain (hereinafter: a “Site”). For each Site, the Service covers the following URLs:
- http://www.example.fr
- https://www.example.fr
- http://example.fr
- https://example.fr
- http://www.example.fr/robots.txt
The Client may request additional URLs to monitor. Each additional URL must correspond to a site monitored by the Client. For example, if the customer wishes to monitor specifically:
- http://www.example.fr AND http://shop.example.fr = 2 Sites
- https://www.example.fr AND http://www.example.fr = 2 Sites
- http://www.example.fr AND http://www.example.com = 2 Sites
Monitoring the site or sites and additional URLs specified by the Client occurs once (1) every twenty-four (24) hours minimum. In case of modifying the elements of the site, prone to affect its SEO on search engines, ASEOX sends an email to the Client on the email address provided by the Client during registration, identifying the modification concerned.
The monitorable elements (“Criterias”) are :
- Tag TITLE
- Tag META DESCRIPTION
- Tag META CANONICAL
- Tag META ROBOTS
- Tag META GOOGLE SITE VERIFICATION
- Header HTTP
- Header CANONICAL
- Header X ROBOTS META TAG
- File Robots.txt
If, for a website or URL given, a server takes longer than ten (10) seconds to answer, ASEOX cannot guarantee the monitoring of the relevant address, which will be considered unanswered.
At the end of the subscription (end of contract on time or early), no data on the Service will be archived by ASEOX, the customer is due to take the necessary measures before.
2.3. Subscriptions
| Pack 1 : Free | Pack 2 : S | Pack 3 : L | Pack 4 : XL | Tailored Pack | |
| Numbers of Sites | 1 Site
+ 5 additional URL + 3 monitored Criterias |
3 Sites
+ 50 additional URL + all Criterias |
20 Sites
+ 500 additional URL + all Criterias |
50 Sites
+ 1000 additional URL + all criterias |
- |
| Monthly subscription | Free | 9.90 $ excl. taxes |
29.90 $ excl. taxes |
39.90 $ excl. taxes |
Please contact us |
| Annual subscription | Free | 99.00 $ excl. taxes |
299.00 $ excl. taxes |
399.00 $ excl. taxes |
Please contact us |
Use of the free Service: no financial information or payment are required to use the service free of charge. ASEOX reserves the right to terminate the use of the free Service without prior notice and motive.
Monthly subscription: monthly subscription is automatically renewed every month until terminated. The Client may terminate its monthly fee by unchecking the appropriate box in the Client account at least forty-eight (48) hours prior to automatic renewal. Without a valid cancellation, the Client authorizes ASEOX to bill the next month's subscription fee that will be paid directly from the bank account of the Client corresponding to the registered credit card number when registering.
Annual subscription: the annual subscription is not automatically renewed by default. The Client may request the automatic renewal by checking the relevant box in his client account. If automatic renewal is, indeed, requested, then the Client authorizes ASEOX to charge the following year’s subscription fee that will be paid directly from the bank account of the Client corresponding to the registered credit card number when registering.
2.4. Billing, payment terms and payment
The Client is bound by his order when he clicks “Pay”. Any payment is effective at the moment of the subscription, in euros, online with « Paybox » .
All amounts due for use of the Service are sent by invoice to the Client by email.
The monthly subscription fee will be charged each month on the calendar day corresponding to the start of the paid subscription. The billing schedule may change, if paid subscription started on a day not contained in a given month.
The annual subscription fee will be charged each year on the anniversary of the initial paid subscription. If the settlement of a payment fails because of the expiration of the card, insufficient funds or for any other reason, and the Client does not cancel his subscription, ASEOX may suspend the Client Service until a valid payment is obtained. The Client authorizes ASEOX to continue to charge and the Client shall be liable for any outstanding payment. This can lead to a change in billing dates.
Any delay in payment will entail:
(i) late penalties of an amount equal to three (3) times the rate of the European Central Bank applied to the amount of the tax price on the invoice, automatically and legally attributed to ASEOX, without any formality or prior notice;
(ii) immediate and legally due of all the remaining sums whatever the prior conditions of the agreed settlement;
(iii) suspension of all the current subscriptions, without prejudice to any other action after notification;
(iv) the termination of the subscription within forty-eight (48) hours after receiving a formal notice which has been wholly or partially unsuccessful;
(v) compensation for recovery costs, legally due in full and without prior notification from ASEOX, in application of Article L.441-6 of the Commercial Code. In all events, ASEOX reserves the right to ask the Client additional compensation, if actually incurred collection costs exceed that amount on presentation of receipts.
2.5. Terms of discounts
Except for the temporary personal or promotional offers, no systematic discount is applicable.
2.6. Right of withdrawal and repayment
The Client has a period of thirty (30) days from the payment date to exercise his right of withdrawal from ASEOX, by sending an email to the address without having to give motive or pay a penalty. ASEOX will refund the Client within fifteen (15) working days from the date ASEOX was informed of the decision of the Client to withdraw.
Any refund is made in Euros only.
Each Client can benefit from the right of withdrawal only once.
2.7. Referral codes and discount codes
The Client may use a referral code (sponsorship code) or discount code. This code can allow a full or partial reduction of the chosen subscription. By no means can the use of one or more referral and/or discount code result in an amount to be paid less than zero and thus a credit from ASEOX.
2.8. Price changes and service offer
ASEOX reserves the right to change its service offer and price subscriptions at any time. However, any price changes will be applicable to the Client within a minimum period of thirty (30) days after receipt of an email notification.
3. Maintenance
ASEOX supports the maintenance and development of the Platform and the Service.
3.1. Corrective maintenance
The anomaly reports must be made by the Client by email or filling the form to ASEOX immediately. ASEOX proceeds to the diagnosis of the anomaly and then implements its correction. In case of an abnormality preventing any use of the Service by the Client, ASEOX will endeavor to correct it as soon as possible and will provide a workaround.
3.2. evolutionary maintenance
The Client benefits from updates and functional changes of the Platform and the Service. Corrections and developments of the Platform and the Service are expressly subject to these Terms and Conditions.
3.3. Downtime related to maintenance
Interventions for corrective and evolutionary maintenance of the Platform and the Service may make them temporarily unavailable. Regarding the ongoing maintenance, these interventions are performed after a notice period of forty-eight (48) hours. ASEOX ensures that upgrades and new versions will not involve any regression of the Platform and the Service in terms of performance and features.
4. Guarantees – Liability
The responsibility of ASEOX is limited and only concerns the repair of the direct damage resulting from a malfunction of the Service as described in section 2.2 above. ASEOX will have no obligation to repair the material or indirect damage, or any operating loss, loss of profit or any commercial damage or image, etc. ASEOX will be in no way held responsible for losses, inaccuracies or corruption of data, business interruption or loss of opportunity, loss of profits or revenues or consequential damage, the disclosure of confidential information or other information or customer data.
It is reminded that the operation of the Service may be momentarily interrupted or degraded, without limitation, due to maintenance, or to partial or full failure of telecommunication facilities made available by the operators. ASEOX will be freed of all or part of its responsibility. And the Client expressly agrees in case of fault attributable either to the Purchaser, either due to the fact, unpredictable or insurmountable, to a third party (unconnected with the provision of the Service) or to a case of force majeure as defined below.
In all cases, ASEOX’s liability is limited, for all causes and all damage, to the amount (before tax) collected by ASEOX for the order on the basis of which it is liable.
Any liability claims against ASEOX shall be barred by the lapse of a period of twelve (12) months from the harmful event occurred. The Client warrants that its insurers and any third parties in contractual relationships with it shall not bring any claims in case of no respecting the above clause.
Should the Client fail to fulfill any one of his obligations governed by these terms and conditions, ASEOX reserves the right to suspend or terminate any subscription.
Finally, ASEOX reserves the right to put an end to the operation of the service with a notice of fifteen (15) days. In this case, the monthly or annual subscriptions in progress will be returned to customer within fifteen (15) working days, prorated to the period already elapsed.
5. Obligations and responsibility of the Client
The Client is solely responsible for using the Service, the content of client data, the information transmitted, distributed or collected, their operation and their updates, and all files, including address files. Each Client agrees:
to verify the accuracy of the information transmitted,
to refrain from making any alteration, reproduction, correction setting, modification or dissemination of the Service;
to check the conformity of its data with the legislation and possible third party rights, to obtain all the necessary permits, and to guarantee the Company against all claims of third parties.
The Client agrees to respect the rights of others, human personality, intellectual property rights such as copyrights, patent rights or trademarks. Accordingly, ASEOX cannot be held liable for the content of information transmitted, distributed or collected, their operation and their updates, and all files, including address files and that, in any capacity whatsoever.
The Client alone bears the consequences of malfunction of consecutive service to any use by its staff or any person to whom the Client has provided his (or her) password(s). Similarly, the Client alone bears the consequences of the loss of passwords.
6. Force Majeure
Any event beyond the control of the parties, reasonably impossible to predict and to overcome, will be considered as a force majeure event. ASEOX cannot be held responsible for delays or failures of its contractual obligations resulting from the occurrence of events beyond its control, such as in particular: government action, natural disasters, total or partial strikes or lockout, epidemics, poor transportation or interruption of transport facilities, lack of raw materials or components, weather disturbances, absence or suspension of electricity supplies, lightning or fire, decision of a competent administrative authority, war, civil disturbances, acts or omissions by the telecoms operators, or other events beyond the reasonable control of ASEOX.
The above list of force majeure events is not exhaustive.
All cases of this nature occurring after conclusion of the contract and preventing the execution under normal conditions of service are considered as grounds for exemption from all or part of the obligations of the parties. Accordingly, ASEOX cannot be held liable for resulting service interruptions. If the force majeure has a temporary character, execution will be suspended for the period during which the performance of the related obligation is prevented, thus ASEOX shall be excused the delay. If the situation of force majeure or excused delay persists beyond a period of ninety (90) days, either party may terminate the contract if it deems appropriate, without compensation of any kind to the other party. ASEOX will be excused in all circumstances, and the Client shall accept it with no recourse against ASEOX, any delay due to whole or part (i) of the total or partial interruption of telecommunication networks for supporting the service, and (ii) deficiency or failure of contractors to ASEOX such as suppliers or subcontractors.
7. Personal data
The information collected by ASEOX for purposes of identification, billing, information or improvement (the “Personal Data”) of its service are subject to a declaration to the French Data Protection Authority (in French: CNIL). The Client agrees to be on the list of customer references ASEOX, (name and related logos) as a commercial reference. To improve the relevance of its services, ASEOX records statistical and non-personal information relating to the use of the Service (frequency of use, amount and type of data captured). In conformity to the provisions of the Data Protection Act, ASEOX agrees to (i) use the Personal Data of the Client for the strict purpose of the service and therefore (ii) not to publish, disclose or transmit information about Client without prior consent; and the Client has a right of access, rectification, modification and deletion of his personal data specified by certified mail to the following address: 31 rue de la Fonderie, 59200 Tourcoing.
8. Client Data
The Client is the sole owner of contractual data (“Client Data”) communicated to ASEOX which prohibits the use, reproduction, adaptation, modification, publishing or distribution of them without express permission of the Client.
9. Invalidity and Waiver
Should any of the clauses contained in the present General Terms and Conditions be or become unlawful or unenforceable, only the clause in question shall be deemed nullified. It shall not affect in any way the validity or enforceability of the remaining clauses thereof. No forbearance by ASEOX in the application of a clause of these Terms and Conditions shall be construed as a waiver of that clause at a later date.
10. Intellectual and Industrial Property
All content on the platform, the Service and the software associated with the service provided by ASEOX is protected by intellectual property rights exclusively owned by ASEOX. The use of the Service does not give the Client any license or any authorization, even implicit, of any intellectual property right. The Client shall not disclose or use any trademark, logo, design documents, projects, studies, trade names, methods and expertise or any other intellectual property right owned by ASEOX without prior written authorization of the latter. Except for Client Data and Personal Data, the Service and all its contents are the exclusive property of ASEOX. ASEOX consents to each Client only a non-exclusive, transferable, temporary use of the Service.
11. Confidentiality
Each party undertakes to respect and ensure respect by members of its staff and its executive officers, the confidentiality of all file documents and information of all kinds (educational, strategic, commercial, advertising, techniques such as running Service, such as digital source code of the Service, accounting, administrative, etc.) of the other party of which they were aware during their contractual or pre-contractual relationship, except for information that is in the public domain or they would have obtained from third parties.
12. Dispute settlement
These Conditions are subject to French law. Any dispute that cannot be resolved amiably will be submitted exclusively to the jurisdiction of the Court of Lille.
