General terms of service

By subscribing to a Smart Shout service offer, the Customer (i) unreservedly accepts these General Terms and Conditions of Service, (ii) declares that he/she is not legally incapable of signing this agreement and (iii) has all the powers necessary to enter into it.

1. Purpose of the services

Smart Shout allows its clients to benefit from its digital marketing services.

As used herein, the expression “Services” refers to the personalised services provided by Smart Shout, on a dedicated site, allowing access to specific digital marketing services.

Smart Shout is in no way bound by its services to specific results. On the contrary, it has an obligation of means, and must do everything in its power to deliver the most effective services possible.

2. Duration of the contract

For the services offered on this site, there is no fixed term of contract, so there is no automatic renewal of payment.

3. Use of services

The use of the Services depends on sufficient and constant Internet access by the Customer. Smart Shout cannot under any circumstances be held responsible in the event of technical problems preventing the Customer from benefiting from Smart Shout’s services.

4. Terms and conditions

The price in force depends on each Service and is that indicated on the Smart Shout website.

The price of each Service is expressed in pounds, calculated exclusive of tax, VAT not being applicable in accordance with article 293B of the French General Tax Code.

Smart Shout reserves the right to modify its prices at any time.

5. Invoicing & Payment

Subscription to all Smart Shout Services is by means of a valid credit or debit card, or by SEPA bank transfer (the “Payment Method”). By providing the information relating to their Means of Payment, the Customer expressly authorises payment for the Services using this Means of Payment.
The Customer remains responsible in all cases for the payment of the amount due and Smart Shout cannot be held liable in any way in the event of refusal of payment by the issuer of the Means of Payment. If the Payment Method associated with the Client’s Account is refused or rejected, Smart Shout will send a notification to the Client.
As a general rule, Smart Shout will not provide any service until it has received the expected amount.

6. Personal details

Smart Shout undertakes to comply with the applicable legislative and regulatory provisions and in particular the EU General Data Protection Regulation 2016/679 and Law No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018.
Customer information transmitted and collected by Smart Shout is subject to computer processing for customer relationship management, administrative purposes or for any other reason imposed by the regulations in force. This processing is based on the need to carry out the services in progress and on Smart Shout’s legitimate interests.
The Customer’s personal data will be kept by Smart Shout for as long as is necessary to fulfil the purposes for which it was collected, unless there is a legal obligation to keep certain data.
Smart Shout may share certain personal data with other recipients. This includes (i) service providers who may process personal data strictly necessary for the performance of services entrusted to them by Smart Shout, within the framework of a subcontracting agreement, (ii) competent authorities to whom Smart Shout may be legally required to disclose information. In the event of the transfer of personal data outside the European Union, Smart Shout undertakes to implement an adequate guarantee of protection, in accordance with the regulations in force.

7. Modification of general terms of service

The parties agree that Smart Shout may, from time to time, amend these Terms and Conditions of Service. Smart Shout undertakes to inform the Customer at least 30 days before such modifications are made.

8. Applicable law and jurisdiction

The services are subject to UK law.
Any dispute arising from the conclusion, interpretation, performance or non-performance, or from the consequences, of the Contract shall, for the non-consumer Customer, be subject to the jurisdiction of the Commercial Court.