Terms and conditions of use
Welcome to the World of ma-presence.online, the General Terms and Conditions (GTC) have been created with a desire for transparency and fairness, and also with the aim of protecting and framing our commercial relationship for your satisfaction.
The purpose of these General Terms and Conditions of Sale (hereinafter: GTCS) is to define the conditions applicable in connection with the services provided by MPO represented by BB Switzerland Sàrl (hereinafter: MPO), i.e. the obligations and rights of the parties relating to the provision of services by MPO on behalf of the Customer within the framework of its commercial activity.
These General Terms and Conditions can be consulted on the MPO website(www.ma-presence.online) and, if required and on simple request, a paper or electronic copy will be given to the Customer.
Article 1 - Identification of MPO
BB Switzerland Sàrl is a limited liability company under Swiss law founded in 2016, whose purpose is, in particular, to operate a digital and offline marketing and communications agency; to operate the ma-presence.online brand and service.
Company name: BB Switzerland Sàrl
Head office: Chemin des Fraisiers 13, 1212 Grand-Lancy - Switzerland
Managing director: Mr. Amancio Luis COUGIL, with right of individual signature
N°IDE : CHE-151.468.130
VAT NO.: VAT-CHE-151.468.130
Contact e-mail: info@ma-presence.online
Website: www.ma-presence.online
Article 2 - Definitions
For the purposes of these General Terms and Conditions of Sale, :
"General Sales Conditions" or "GSC": These general sales conditions, it being specified that they may be modified at any time by MPO.
"MPO": BB Switzerland Sàrl, represented by Mr. Amancio Luis COUGIL.
"Customer": Any individual or legal entity having used MPO's services.
"Services": All the services offered by MPO to the Customer.
"Quotation" or "Offer": Written document or online transaction in which MPO offers its services to one or more Customers. The document or electronic confirmation specifies the scope of the service concerned as well as the price. MPO undertakes not to modify the content of the document or electronic confirmation as long as the Client has not expressed his acceptance or refusal within the period of time allotted to him and mentioned on the said document or electronic confirmation. After this period, MPO may freely modify the content of the document or electronic confirmation.
"Order": Written agreement (e.g. acceptance of a quotation, purchase order, online transaction), given to MPO by the Customer, concerning the supply and/or performance of services and specifying, in particular, the quantity, characteristics, pricing conditions, execution and payment deadlines for these services.
Article 3 - Purpose
The purpose of these GTC is to define the rights and obligations of MPO and the Customer for the tools provided by MPO: presence management, notice management, reservation system.
Article 4 - Terms of sale
These GTC govern the relationship between MPO and the Customer, subject to any special and mandatory legal provisions.
Any order for services marketed by MPO implies full and unreserved acceptance of these GTC by the Customer, who expressly acknowledges acceptance of these GTC, without any modification and in their entirety, of which he declares to have taken cognizance. No special condition may, unless formally accepted in writing by MPO, prevail over these GTC.
MPO may freely modify these GTC. In the event of modifications to these GTC, MPO will inform the Client by postal mail or electronic mail and will allow the Client a period of 15 days, from the date of dispatch of the notification of modifications, to object to them. If the Client does not object in writing within this period, the modifications will automatically be incorporated into the contractual relationship between the Client and MPO. Receipt of modifications to these GTC is the responsibility of the Customer, who undertakes to regularly consult the mailings sent to the physical and electronic addresses provided by the Customer. The Customer therefore bears the risks of notification validly sent to the addresses transmitted by the Customer.
Article 5 - Ordering services
All orders imply the Customer's unreserved acceptance of these General Terms and Conditions from the moment the Customer signs an Order or carries out an online transaction on the ma-presence.online website.
Any special conditions agreed between MPO and the Customer, contrary to one of the articles of these GTC, must be agreed in writing.
An Order signed or an online transaction on the ma-presence.online website by the Customer constitutes a firm and definitive order. It must be honored and paid for in full in accordance with the conditions set out in the signed document. In the case of monthly online payments, the Customer must make monthly payments (subscription).
All work undertaken by MPO and entailing additional costs to be borne by the Customer, not provided for in the order placed on ma-presence.online, will be the subject of a prior quotation or an additional online order subject to acceptance.
The execution of the planned services only takes place after the Customer has paid the first monthly instalment requested by MPO on the bank references given by MPO or online on the website.
Article 6 - Subscription renewal
When a monthly or annual subscription is taken out, renewal by automatic payment takes place at the end of the initial subscription period. The contract is automatically renewed until it is terminated.
Article 7 - MPO's liability
MPO's liability is limited to content over which it has direct control.
MPO cannot be held responsible for services of any kind provided by other service providers.
MPO shall not be liable for accidental or deliberate damage caused by third parties to the Customer as a result of MPO's Internet connection.
MPO is also not liable for unauthorized access to the Customer's digital data by a third party.
MPO reserves the right to use the Customer's data to communicate as a reference, subject to the Customer's written consent.
Article 8 - Customer obligations
In the event that the Customer provides MPO with the information necessary for the execution of the order, such information shall be transmitted in accordance with MPO's specifications.
The connection to the MPO software will only be effective after 5 working days from authorization to access the Google plant file using the following access number 5606979318 and access to any other channel required.
Article 9 - Service prices, invoicing, payment
All orders are placed for a minimum contractual period of 12 months.
The prices of the services offered are those mentioned on the MPO website: ma-presence.online; they are exclusive of tax, i.e. VAT not included, and are payable in the currency indicated and according to the terms specified.
MPO offers both annual and monthly payment plans. In the event of agreement, the Customer undertakes to pay the monthly instalments within the agreed deadlines. Any delay of more than ten (10) days in the fulfilment of the Customer's commitments under the present paragraph will result in the immediate payment of the balance still due and the temporary blocking of access to the MPO platform.
MPO is therefore entitled to suspend access in the event of non-payment.
Failure to pay within the above-mentioned time limits will result in additional charges to be borne by the Customer.
Failure by the Customer to pay by the due date will give rise to the invoicing by MPO of the following late payment charges:
- CHF 25, plus tax, for the first reminder;
- CHF 30, plus tax, for the second reminder;
- CHF 45.00, plus tax, for the third reminder;
- Interest on arrears of 5% p.a. from the expiry of the period specified in the second reminder.
After the third reminder, MPO may take legal action against the customer, who will also bear all legal costs, including attorney's fees.
Rates for MPO services may vary from year to year.
A VAT rate of 7.7% is applied at the time of invoicing. This rate depends on the legislation in force at the time of invoicing.
The subscription confirmation received by email following a transaction on the ma-prensence.online website constitutes an acknowledgement of debt within the meaning of Article 82 paragraph 1 of the Federal Law on Debt Collection and Bankruptcy.
Article 10 - Data protection, RGPD and nLPD
MPO complies with all applicable data protection regulations.
All personal data will be treated as confidential.
The information required to manage the order will be processed electronically.
The personal data provided or transmitted by the Customer in connection with the execution of the order will be used solely for this purpose and stored for the time necessary for the proper execution of the order.
Personal data transmitted to us by the Customer in connection with the execution of an order will be treated with the utmost care and diligence:
- Company and brand name
- First name of contact person
- Name of contact person
- Company address
- Phone
- Company presentation data
- Opening hours
- Description
- Photos
Personal data will not be disclosed or shared with third parties. However, the Client accepts that MPO may present to third parties the fruits of its work carried out for the Client as well as the performance obtained by the Client. If the Client does not wish to appear as a reference for MPO, it must request this in writing when signing the Order document.
MPO cannot be held responsible for the interpretation and use made by the Client of the RGPD or nLPD regulations. MPO is only bound by an obligation of means in the context of all the services provided to the Client.
MPO may not be held liable, in particular, in the following non-exhaustive cases:
- The Customer uses external services of which MPO has no knowledge or of which MPO is not the originator of the use and/or integration;
- The above-mentioned external services do not allow the deletion or modification of tracking data;
- One of MPO's suppliers has not complied with its own obligations with regard to the RGPD and nLPD ;
- Data protection regulations were evolving.
Article 11 - Intellectual property
MPO remains the sole owner of all copyrights resulting from the services provided.
MPO is not liable in the event of hacking or any other form of illegitimate intrusion by a third party on the Customer's platforms. The Customer shall not hold MPO liable for any damage caused by a third party by any means whatsoever.
MPO makes every effort to secure access to its platform.
Article 11 - Software uptime
MPO and its suppliers maintain a minimum uptime of 99% at all times. Problems are resolved within a certain timeframe:
- 24 hours for every critical incident occurring on working days
- 48 hours for all critical incidents occurring outside working hours or at weekends
- 48 hours for a non-critical incident occurring during working days
- 72 hours for non-critical incidents outside working days or at weekends.
Article 12 - Google terms and conditions
In the context of the Google presence management service, Google's general terms and conditions apply to both the customer and MPO: https: //policies.google.com/terms?hl=en-US
Article 12 - Services offered by MPO
The procedure for accessing the software is as follows:
Access to the software with MPO login. The online presence and Google reviews management tool will be available once payment has been made directly on the platform and within 3 working days of receipt of payment.
The following services are included in the basic contract:
- Presence management.
1.1 MPO undertakes to transmit and make available Customer Content to Partner sites. The Partner sites are Google, Facebook, Apple, Snapchat, Factual, 118000, Mapstr, Here, Tomtom, Waze, Hoodspot.
Partner Sites may change their graphic charter, display policy and commercial policy regarding the display of content, at any time and freely. MPO cannot therefore commit to an obligation of result with regard to the distribution of certain information and Customer Content on certain platforms, or even with regard to the distribution of Customer Content on a particular Partner Site. On the other hand, MPO undertakes to use its best efforts to ensure that Customer Content transmitted by the Customer is distributed on Partner Sites as quickly as possible. The Customer remains solely responsible for the information and Customer Content published on the Partners' public files before, during and after the service provided by MPO. He retains the possibility of modifying this information by his own means by following the indications of the Partners. In the event of termination of its subscription to MPO services, the Supplier undertakes not to disseminate any new information concerning the Customer and not to degrade and/or modify any Customer Content that may have been disseminated to the Partners prior to the date of termination of the Customer's subscription.
1.2 Customer content to be broadcast.
MPO undertakes to use its best efforts to ensure that Partners integrate as much of the data transmitted by the Customer as possible, in particular: i. Company name; ii. Address (street number, postal code, city, country); iii. Category (type of business); iv. Telephone number; v. Url of Customer's website; vi. Opening hours ; vii. Special opening hours; viii. Company photographs ; ix. Description of company or sales outlet.
1.3 Google Posts.
A Google Post is a temporary insert that can be published on a Google Business listing, enabling local businesses to highlight some of their news (promotions, events, etc.). If the customer has fewer than 10 POIs, they can manage all their Google Posts from MPO, which will then be automatically synchronized with their Google Business listings.
- Notification management.
2.1. Collecting customer reviews from Partners (Google & Facebook)
MPO undertakes to provide the Customer with a solution for monitoring local reviews, centralizing the reviews relating to its establishments, published by Internet users on the Partners' sites, so that the Customer can respond more easily. Partner sites may change their policy for making reviews available at any time and at their own discretion. MPO cannot therefore commit to any obligation of result with regard to the recovery of local reviews.
2.2. Service description.
The Notice Management service includes: i. Centralization of notices on the DFO platform to which the Customer has access. ii. Easy response to notices from MPOs. iii. Definition of reusable, dynamic notification response templates. The review monitoring program will collect reviews from Partner sites at least every 24 hours. Partner sites are free to change their policy on the provision of reviews at any time. MPO cannot therefore commit to any obligation of result with regard to the recovery of local reviews. However, MPO undertakes to use its best efforts to centralize all reviews on the platform as frequently as possible.
2.3 Notice response templates.
The Notice Management service includes a feature that provides customers with notice response templates, also known as "Notice Templates". When drafting a response, the Customer will have access to pre-written templates that can be freely modified before publishing the response. These templates are taken from a list of templates provided directly by MPO.
The following options are available at the time of order or at a later date at the customer's request:
As a reminder, at the time of ordering, the available options are : Presence Management and Notification Management.
At the customer's request, the Review Booster is also available. It comes in the form of a QR Code and makes it easier for customers to write a review on their Google listing. Google is free to change its review policy at any time. MPO can therefore not commit to any obligation of result with regard to reviews posted on Google Business listings.
Other fee-based options are available on MPO, such as the Reservations and Supplier Management tool.
Article 13 - Termination of the contract
MPO reserves the right to terminate, without formality and without compensation, the contract concluded with a Customer in the event of non-compliance with any of the clauses of the present GTC. The Customer shall bear all the consequences of termination.
The MPO service is contracted for one year from date of payment + 5 days.
MPO and the Customer may terminate the contract subject to a notice period of 3 months to the end of a month for the following contract period. The current contract period (current year) is due regardless of the date of termination.
Article 14 - Complaints
Delivered services must be inspected by the customer on receipt. All complaints concerning the quality of the service must be made, in writing, within 8 days of receipt of the service, failing which the services delivered will be considered as compliant.
Article 15 - Time limits
Delivery times, whether written or verbal, are given as an indication only.
The delivery times indicated by MPO are valid only within the limits of MPO's technical and human capacities to respond to orders.
The customer may not require MPO to deliver the agreed order and/or services on the agreed date, nor to pay any compensation whatsoever. The Client remains liable for the agreed sum.
Article 16 - Taxes
MPO reserves the right to pass on any new taxes or increases in existing tax rates without delay.
MPO charges VAT on all services rendered in accordance with Swiss law, including costs incurred on behalf of the customer.
Article 17 - Information obligation
The Customer undertakes to inform MPO immediately of any change in his situation: change of address, telephone number or bank details/transaction cards.
Article 18 - Force Majeure
Neither party shall be liable to the other for non-performance or delay in performance of any obligation under this contract caused by the other party as a result of force majeure.
Force majeure suspends the obligations arising from the present contract for the duration of its existence. However, should the case of force majeure last longer than 90 (ninety) working days, it shall entitle either party to terminate the present contract ipso jure, 8 (eight) working days after dispatch of a registered letter notifying this decision.
Acts of God or force majeure include pandemics, lockdowns ordered or recommended by the authorities, theft or destruction of production facilities, total or partial strikes hampering the smooth running of MPO or that of one of MPO's suppliers, subcontractors or carriers, as well as interruptions to transport, energy supplies, raw materials or spare parts.
Article 19 - Miscellaneous provisions
If any clause of these terms and conditions is found to be invalid or unenforceable by virtue of any law or regulation or as a result of an enforceable decision of a court or competent administrative authority, that clause shall be deemed unwritten and the remainder of the contract shall remain in full force and effect.
These GTC cancel and replace all previous GTC of MPO.
Article 20 - Elections de for and de jure
All services provided by MPO and these GTC shall be governed by Swiss law.
The courts of the Canton of Geneva have jurisdiction over all disputes arising from the application of these GTC and the individual contracts relating to them.
Geneva, July1, 2023, effective immediately.
