Legal Requirements

Last updated

II. Specific conditions applicable to Service Providers

II.1. Provider Registration

MyBestPro SAS validates the registration of Providers after verifying the information provided by each Provider.

Thus, MyBestPro SAS reserves the right to request additional information, including statements submitted by Providers to tax and social security authorities, taking into account a Provider’s obligations in accordance with legal provisions.

Moreover, the regular outcome of online Transactions may determine the liability of regularisation to managing bodies of social security contributions management organisations (health insurance etc.).

The advisor is informed that providing services on the platform (or any other site or marketplace) in a standard manner makes him subject to reporting obligations, particularly with tax and social authorities. Thus, Transactions on the Platform are likely to result in an obligation to reporting to the tax authorities and may subject the Provider to various taxes such as Value Added Tax (“VAT”) and territorial economic contribution.

The Provider acknowledges being up to date with payment of all taxes, in addition to taxes resulting from Transactions on the Platform.

It is therefore recommended to non-commercial Providers to approach these organisations in order to obtain the relevant information concerning membership criteria and obligations.

WENGO reserves the right to select Providers and to limit the number on the basis of:

  • demand from users,
  • the performance of the platform,
  • technical constraints related to the administration of the Platform.

Each Provider can open a Facebook account that will be powered by the content of his profile page as well as his blog available on the Platform and any other elements. Each Provider agrees to respect the Terms and Conditions applicable to the social network Facebook.

II.2. Providers Obligations

All Transactions that occur through the intermediary of the Platform are concluded directly between the Provider and the User. Consequently, the Provider is solely responsible for the terms of the contract concluded with the User. As such, Providers acknowledge and undertake to abide by the applicable legislative provisions.

The Provider should describe as accurately and precisely as possible the purpose, price and features of the Service offered, prior to any Transaction, based on the indications provided by MyBestPro SAS in the “Service Creation” section.

In general, the Provider guarantees that he is entitled to provide the Services offered in accordance with applicable laws and regulations.

The Provider is liable to Users, MyBestPro SAS, third parties and the competent authorities with regard to any violation of the laws in force applicable to the Services provided.

The Provider acknowledges and undertakes not to use the execution of a Transaction in order to promote services other than those offered on the Platform or to offer electronic communication services in competition with MyBestPro SAS Services. The Provider also undertakes not to promote his personal website as part of services rendered.

II.3. Provider acting as a professional

MyBestPro SAS reiterates that the Providers delivering services on the Platform in a commercial capacity are subject to certain specific obligations, such as registration to the Trade and Companies’ Register, book-keeping in accordance with applicable rules, VAT payment and other applicable taxes.

If the Provider is in a professional capacity, he is required to comply with all rules laid down in consumer protection laws and in particular, the obligations under L. 111-1 and L. 121-18 and to follow French Civil Code applicable to contracts signed online.

Pursuant to article L. 121-18 of the French Consumer Code, the Provider acting in a business capacity must make the following information easily, directly and permanently available to the User:

  • For individuals, their surname and forename(s); for legal entities, the registered name, address of residence or place of business, electronic mail address and telephone number,
  • If the Provider is subject to register with the trade and company register or commercial register, its registration number, capital, and registered office address
  • If the Provider is subject to value added tax and identified by an individual number pursuant to article 286 of the French General Taxation Code, his individual identification number,
  • If the Provider’s business is subject to an authorisation procedure, the name and address of the authority having authorised the Provider,
  • If the Provider is a member of a regulated profession, the reference to the applicable professional regulations, the Provider’s professional title, the member state in which it was granted and the name of the professional body with which the Provider is registered.
  • Payment terms and execution
  • The absence of a right of withdrawal for the benefit of the user
  • The period of validity of the offer and the price thereof
  • The cost of using the means of distance communication, where it is calculated other than at the basic rate

The Provider, acting in a professional capacity, acknowledges that once he habitually carries out Service business on the Platform (or on any other site or marketplace), he is subject to specific reporting and taxation obligations. In the case of a change in status following registration to the Site, the Provider agrees to promptly amend or supplement the information provided during registration. Hence, regularly concluding Transactions on the Platform is liable to result in an obligation to report to the tax authorities and in becoming subject to various taxes such as Value Added Tax or the French local business tax. The Provider acknowledges liability for all taxes resulting from Transactions concluded on the Platform.

II.4. Rules applicable to Advertising

All copywriting, graphical, photographic or sound content describing the Services (“Advertising”) hosted on the Platform (or accessible from it) must respect the undertakings laid down in article I.5. of the Terms and Conditions. MyBestPro SAS outlines that it exercises no editorial control over Advertising but it may however withdraw any Advertising that is unlawful or contrary to the provisions of the Terms and Conditions of which it may become aware, in accordance with the Statement of Moderation.

When necessary, the Provider grants MyBestPro SAS a non-exclusive and free license to use the Advertising in order to enable reproduction and representation on the Platform, on Partner sites, on search engines as well as on affiliate networks. The Provider protects MyBestPro SAS in this respect from any allegations of property rights infringement under the Terms and Conditions defined in the Statement of Moderation.

II.5. Penalties applicable to Providers

Notwithstanding article I.10., where the Provider has failed to fulfill one or more of his obligations, MyBestPro SAS will suspend access to the platform for a maximum of three (3) months. The Provider will be notified of this measure by letter/e-mail.

This shall particularly apply in the case of a Provider engaging in conduct that is prejudicial to MyBestPro SAS, which may constitute an act of unfair competition on the application of Article 1382 of the Civil Code.

The Personal Account of the Provider will be reactivated within a reasonable time from the moment the Provider has sent to MyBestPro SAS evidence that he has put an end to the infringement.

In case of repetition from the Provider, MyBestPro SAS reserves the right to remove, without notice, his Personal Account.

II.6. Agreement of proof

In addition to article I.13., the Provider expressly and conclusively acknowledges that recordings related to remote communications used (including telephone and computer) carried out by MyBestPro SAS have strong probative value both between the Provider and his Users as part of the Transactions between the Provider and MyBestPro SAS. MyBestPro SAS may proceed to such recordings subject to prior notification of the relevant Users.

The Provider expressly authorises MyBestPro SAS to record exchanges made by means of remote communication (including telephone conversations and e-mail exchanges) and expressly accepts that the evidence of his oral and written communications results in the registration of these exchanges by MyBestPro SAS.

III. Specific conditions applicable to Users

The User acknowledges and undertakes to use the Platform in good faith and solely for the purposes of using the Services offered by Providers.

During the process of online Registration, the User is responsible to determine which information will be visible to Members, given that for Transactions conducted in a professional capacity, the User can only recover the Value Added Tax paid if the User’s surname and forename or registered business name appear on the Transaction summary that Users will receive from Providers according to article 1 of the Pricing and Payment Policy and pursuant to French tax legislation.

Any dispute over the quality or conformity of Services must be dealt with according to the Procedure for the Settlement of Disputes policy within six (6) months from the completion of the Transaction.

The User shall not attempt to persuade the Provider with whom the User is in contact to provide Services of unlawful nature or in violation with the Terms and Conditions or as laid down by article II.1 of the Moderation Charter. The Provider is also prohibited from encouraging the User to avail of Services offered by the former outside of the Platform.

The Member must strictly observe the terms of use of the Software in accordance with the Terms of Use of the Tools.

The Member agrees to comply with all legal and regulatory requirements as well as all the terms of the Terms and Conditions.

Leave a comment

Your horoscope straight to your inbox

Most recent articles

Full Moon Wishes To Make, Here’s What You Must Know

The Full Moon is a perfect time to make a wish; whether it be for love, wealth, health, or in your general activities. When you have a specific wish in mind, there is a suitable ritual for it, and it’s simple to carry out! First, discover the Full Moon wishes for abundance rituals, or wallet game, which comes from Japan, then learn how to practice the second wish and intention ritual. Your dreams are finally about to come true!

When Is The Next Full Moon?

The Full Moon is the lunar phase in which the satellite appears brightest. During this cycle, we see almost all of its surface and also notice many mystical on goings. The effects of the Full Moon are numerous, especially on our sleep and our libido, hence the importance of knowing the date of the next Full Moon. By anticipating the date, we subconsciously prepare ourselves to experience the powerful influence it has on our daily lives. Each monthly lunar event has a different degree of impact on each zodiac sign, so be sure to check back regularly.

Who Is My Archangel? Find Yours Using Your Date Of Birth

Although it may seem a little strange and tough to comprehend, we all in fact have an angel who watches over each of us at all times. If you have any problems or doubts, you can turn to your spirit guide and protector in order to make good use of their abilities and capacities. Find out which archangel is protecting you using your date of birth and discover their attributes. Discovering who watches over you will enrich your path and could even reassure you in your choices.

What Is The Ugliest Zodiac Sign, And Who Is The Prettiest?

Astrology explains how influential the planets are, and how their movements could change the course of our lives. As for our zodiac signs, they influence our personalities, attitudes, and desires, so why wouldn’t they impact our looks and images? What do the stars say about your beauty and the image that you project? We’ve compiled a ranking from the prettiest to the ugliest zodiac sign; so the question is, where do you fit in?

Numerological Life Path #3

Life path 3 is characterized by their bubbly personality, unfailing enthusiasm, and fantastic sense of humor. If we had to sum up these natives in two words, we would instantly describe them as sociable and creative. They express themselves brilliantly in the arts or manual activities and have a great capacity when it comes to adapting to new situations. In love, not everyone gets along like a house of fire and manages to form the perfect couple. Life path 3 for instance is most compatible with 6 or 8; so discover the reasons why, plus, find out whom they should avoid.

What to expect from the night sky

When Is The Next New Moon?

Even though it’s invisible in the sky, a New Moon marks the beginning of a new lunar cycle, and symbolically represents a fresh start for each of us. Its energies urge us to double our efforts and to prepare for the rewards to come. Now, with this in mind, we bet you're wondering what happens during this phase, and what influence the New Moon exerts on our bodies and minds. Susan Taylor answers all of your questions and reveals how can we make the most out of this prosperous instance. Discover all the dates of this important phase, and anticipate this catalyst motion.

Mercury Retrograde 2023: The Dates And Effects Of The 4 Cycles

You’ve no doubt already heard about Mercury retrograde and the effects of this scary phenomenon. Now, whenever bad luck curses us, our first reaction is to blame this destructive planetary movement. From car problems to missed trains; we love to point the finger at this event, but in actual fact, this calamitous motion is indeed REAL! Unlike previous years, this phenomenon occurs a total of 4 times in 2023, so be sure to discover our advice on how to get through each phase, as well as the misfortunes each zodiac sign can expect.

Moon Calendar 2023

Discover everything you need to know about the four main phases of the Moon in our calendar for 2023 and learn how you'll be impacted by each of them. Following and anticipating the dates and times of the cycles is essential for daily life, but in particular for gardening, cutting your hair, getting pregnant, and even interpreting your moods. If you want more information about the current phase, look no further because here, you can track them here and foretell all the important insights.

Abundance Check For The New Moon

The New Moon is a powerful time and is synonymous with renewal, recognition, as well as the beginning of a new cycle, whereas the Full Moon is a phase of completion, fertility, and transformation. During these important phases, why not try writing an abundance check to entice prosperity and wealth into your life? Doing this will guarantee positive things in all areas of your life, including financially as well as in terms of relationships and love. We reveal how this simple ritual could change your life for the better, so what are you waiting for? Grab a pen and prepare to welcome great things into your life.

What does your zodiac sign reveal about you?

Our most popular astrology rankings

The 6 Sexiest Zodiac Signs Ranked - How Hot Are You?

Beauty is not always enough to make you attractive and drop-dead gorgeous. In fact, being sexy is a state of mind and an attitude. As you’ve probably witnessed, sexy people attract you and draw you in with their electric charm and seductive ways. Some zodiac signs, by their nature, give off this little something extra that draws people in, so without further ado, let’s discover who is the sexiest according to astrology.

The Most Narcissistic Zodiac Sign Revealed!

Nowadays, the term narcissist is thrown around very loosely, to the point that many of us are paranoid about being surrounded by people with this personality disorder. Although, that being said, it’s estimated that up to 5% of people are narcissists, so you’re probably right to be worried after all! Discover which zodiac signs, our astrologer, Susan Taylor, believes display these scary tendencies. So, which zodiac signs are usually narcissists?

Evil Zodiac Signs; Who Is The Most Demonic, And Who Is The Least?

We are all different when it comes to tolerance and patience, yet some of us have scarily low levels of these qualities, and are therefore far from being saints. We’ve taken a look at the stars and can now reveal which zodiac signs are the evilest and who should never be messed with. Are you a real evil genius, or are you too kind to cunningly plot? We're about to get all Game of Thrones on you, it's time to find out who has the most demonic personality, and the ultimate bad side.

How Do The Zodiac Signs Deal With Stress?

It’s virtually impossible for us not to be anxious at the moment! What with the global pandemic, the constant isolation, money worries and other general frustrations that the situation might trigger. All these factors seem to weigh heavily on our frail shoulders, but some of us manage the pressure better than others. Astrologist, Susan Taylor reveals her ranking of the zodiac signs from the most to the least stressed, and something tells us that you'll inevitably recognize yourself and will definitely agree with your placement!

What Is The Most Hated Zodiac Sign? - The Top 6, Ranked

Life is undeniably a wild journey, during which we are fortunate enough to meet people we instantly get on with, however, from a less fortunate perspective, we also come across folks that we instantly dislike. You know, those people who, by simply breathing, rub us up the wrong way and make us want to pull our hair out. As with many things, astrology and in particular our personality traits, are often responsible for how appreciated or in this case unappreciated we are by our peers. Discover which 6 zodiac signs are the most hated.

Amanda's psychic experience on Astrofame

Amanda's psychic experience on Astrofame

ENLIGHTEN ME ABOUT MY FUTURE - 📞 018572144450

The period is tumultuous, more than ever we are asking ourselves questions. How about contacting one of our exceptional experts to shed some light on all this?

Check out our amazing experts