General Terms of Use and General Terms of Sale

1. Object

The present general conditions are intended to govern the relations between the company TARGET FIRST S.A.S., operating the site www.targetfirst.com (hereinafter referred to as the Site), and you, user of at least one of the services offered on the Site.

The acceptance of these general conditions does not exempt you from writing your general conditions of use of your Internet sites, and if necessary your general conditions of sale, in accordance with the applicable regulations, in particular with regard to consumers.

2. Operator of the site and services

The Site and the services (as defined hereafter) which are proposed there are exploited by the company TARGET FIRST S.A.S. (hereafter called Target First), registered at the RCS of Saint-Brieuc under the n°53041147900013, whose head office is located 23 rue de la croix Lormel 22190 Plérin.

3. Adherence to these terms and conditions

By agreeing to use all or part of the services offered by TARGET FIRST on the site (hereinafter referred to as the services), you agree to be bound by these general conditions, without restriction or reservation, and acknowledge having read them in their entirety.

Any membership with reservations is considered null and void. If you do not agree with these terms and conditions, which cannot be modified by you, you should not subscribe and/or use the services.

TARGET FIRST reserves the right to update and modify these Terms and Conditions at any time. If your subscription is ongoing, you will be notified at least one week prior to the effective date of the new Terms and Conditions.

All new features that extend or enhance the Services are subject to the Terms of Service. Continued use of the Services following such changes reflects your consent to such changes.

Any violation of these Terms of Service may result in termination of your business relationship with Target First and closure of your Target First account, all as set forth in Section 7.

4. Registration and access to services

Accounts created by robots (‘bots’) or any other automated methods are not allowed.

You must contact our team via the contact form, in order to obtain the list of information required to complete your registration process.

You must provide your billing information and a payment card (in this case the debit will be with a variable recurrence depending on the nature of the commitment) or a valid bank account number and a direct debit authorization (in this case it will be a one-time payment at launch or regular payments by SEPA) in order to proceed with your billing and the debit of your subscription.

The services to which you have subscribed can only be used for the site whose address was communicated during your registration. Any use of the services for another site requires a separate subscription.

You are responsible for maintaining the security of your account and login information. Target First will not be liable for any loss or damage resulting from your failure to comply with this security obligation.

As a publisher, you are responsible for the content you publish or communicate via the Target First services. You agree to publish or communicate only content that complies with applicable laws and regulations.

Also, you are responsible for the correct use of the software, in accordance with the instructions and recommendations, and the respect of the regulations in force, in particular as regards safety and confidentiality of the private data.

You can contact our team via the contact form, in order to obtain information on the various subscriptions offered by Target First.

5. Page View Quotas

A maximum quota of “page views” is set according to your subscription.

At any given time, your registered page view quota for your subscription period is visible on your account page.

The number of page views is calculated by a method based on the number of times the Target First code is called on the pages of your site. Each time a page of your site containing our code is loaded a page view is counted.

At any time, you can check the current load counter in your back office. In case of overload, you will be automatically informed by a notification in your back-office, and at the same time, the service will be temporarily suspended. In fact, as soon as your maximum quota of page views for your current subscription period is reached, the service will be temporarily deactivated. If necessary, you will be able to subscribe to one or more additional page view quotas, via the back-office, in order to reactivate the chat service until the next license renewal.

6. Quotas of minutes consumed from click to call

A maximum quota of communication minutes is set according to the subscription you have taken out. At any time, the quota of consumed minutes recorded for your subscription period is visible on your account page.

The number of minutes is calculated by a method based on the principle that every minute started is due.

7. Payment, refund, reclassification, downgrading

Target First offers 3 solutions for the payment of services:

Back-office payment, by credit card

A credit card is required to pay your subscription. The payment is made online, via the Target First back-office, for the license as well as several paid options of Target First. Any unpaid offer or service will automatically result in the termination of the service(s) concerned, thus avoiding any potential late payment interest. An alert and follow-up system for your subscriptions is available in the back-office.

Payment in the back office, by SEPA mandate

Simply register your bank details and schedule payment immediately or at a later date. Payment is made online via the Target First back office for the license and several Target First paid options. Any unpaid offer or service will automatically result in the termination of the service(s) concerned, thus avoiding any potential late payment interest. An alert and follow-up system for your subscriptions is available in the back-office.

Payment outside the back office, by direct debit only for contracts with a commitment of more than 12 months and paid annually.

A bank account number is required to pay your subscription. The payment is made by phone, email or mail, for the license and/or for the paying options of Target First.

Any invoice not paid within one month will give rise to the application of late payment interest at the rate of 1.5 times the legal interest. Late payment penalties are payable without the need for a reminder (law n° 2001-420 of 15 May 2001 – art. 53.1). Any delay in payment of a debt born from January 1, 2013 will result in a collection fee of 40€ in addition to the late payment penalties. Beyond 30 days of delay, the service will be immediately cut and inaccessible.

Regardless of the payment method chosen :

If you do not cancel your account by the 25th day from the creation of your Target First account, you will be billed monthly starting on the 31st day and you will be subscribed for a period of 30 days. If you have opted for the one-year subscription, you are subscribed for a period of 365 days from the 31st day.

If you choose a subscription during a trial period, your trial period will end and you will be immediately billed and charged (or liable) for the amount of the chosen subscription.

Your subscription is tacitly renewed without formality at the end of each 30-day subscription period. If you have opted for a subscription of one year or more, your subscription is tacitly renewed without formality at the end of each 12-month subscription period. In case of cancellation, the customer must send a registered letter with acknowledgement of receipt at the latest 2 months before the anniversary date of the contract to the head office of the company Target First.

The service is billed and must be honored on the 1st day of your 30-day subscription period and is not refundable. Any 30-day subscription period is non-refundable in the event of an offer downgrade or termination during that period. Your annual subscription is non-refundable.

All rates and fees quoted are exclusive of tax unless otherwise specified.

Upon upgrade, your new subscription will take effect immediately. And you will be automatically billed and charged or liable for the new subscription amount at your next renewal.

When you downgrade, your new subscription will take effect at your next renewal. And you will be immediately billed and charged or liable for the new subscription amount at your next renewal.

If you downgrade and have upgraded one or more times during your 30-day subscription period, your new subscription will take effect at your renewal and you will be immediately billed and charged or liable for the highest subscription amount you had during your subscription period.

Downgrading your subscription may result in the loss of content and features. Target First will not be in any case responsible for such losses, and it is up to you, in this hypothesis, to take beforehand all useful measures to preserve contents.

NB : Our invoices are systematically addressed to the company name which appears in the estimate or the contract. It is the customer’s responsibility to fill in the invoicing information in the back office (only the account’s invoicing referent has access to it) and/or to indicate to Target First, upon receipt of the estimate or contract, if the invoice is addressed to another entity. Any changes to invoices do not affect the due date for payment.

8. Cancellation

If you have paid your last license via the Target First back-office, to validly terminate your account, and this, under the conditions provided for in Article 7, you just have to go from the back-office, with your billing referent account, to the “Account management” section and follow the proposed procedure, in case of difficulty, you can also contact the technical support. If you have paid for your last license via another means of payment, to validly terminate your account, and this, under the conditions provided for in Article 7, you can send a letter to the sales department at TARGET FIRST 23 Rue de la Croix Lormel 22190 PLÉRIN. Only these procedures allow your cancellation to be taken into account. Thus, and as an example, an e-mail, a chat conversation, a call to ask for the cancellation of your account will not be considered as a cancellation request and will therefore not be taken into account.

You can cancel your annual or multi-year subscription once the term has arrived, provided that you respect the cancellation conditions described in article 7. You will have 10 days from the date of termination of your subscription to uninstall the line of code. If this deadline is not respected, you will be charged for the volume of pages loaded during the period.

Your termination will be effective with a notice period of 2 months and the current month is due in full.

Any content in Target First’s possession will be deleted immediately upon termination of your subscription. This information will then be definitively lost.

Target First reserves, without particular formality, the right to suspend or to cancel your account or to refuse you the access to its services in the event of violation of the present General Conditions of Use, and this following a formal demand carried out by e-mail summoning you to respect the terms and if this formal demand is not regularized under 15 days. In addition, repeated violation of these Terms of Use will justify without particular formality the suspension or termination of your account or the refusal of access to services by Target First.

9. Service and Pricing Changes

Target First reserves the right, at any time to modify or interrupt temporarily or definitively the services with a 15 days notice.

Target First reserves the right, at any time to modify the tariffs of its services. These price changes will be communicated to you at least 15 days before they take effect.

By subscribing to a Target First license, you agree to respect the number of production sites equipped with Target First included in your license. Any detour of the solution to add one or more additional production sites will automatically result in additional license fees of 200% of the price of the main license purchased.

10. Copyright and ownership of content

Target First does not claim any intellectual property right on the contents (texts, images) which you publish via its services.

Target First does not carry out any control a priori on the contents which you diffuse. However, in the event that Target First becomes aware of infringing content, such content will be deleted immediately, without prejudice to Target First’s right and/or to terminate your subscription.

In addition, Target First reserves the right to communicate to the legal authorities, on request of these, all the elements in its possession allowing to identify the author of the offending acts.

You must not modify, adapt, hack the Target First services or falsely imply that a site is associated with Target First.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the services or access to the services without the express written permission of Target First.

11. Privacy Policy

You commit yourself to respect all the laws relating to the protection of personal data and the respect of private life during your use of the services and during the collection of information on the visitors of your site.

The various exports of data that Target First will have been able to place at your disposal, in back-office or by any other means, will be under your responsibility.

You agree to include the following statement on your website: “This site uses Target First, a business matching and behavioral analysis service. Target First uses cookies and JavaScript, which are files that are placed and executed on your computer to help the website analyze the use of the site by its users and to pass this information on to site representatives who may manually supplement this information as needed. The data generated by the cookies regarding your use of the site (including your IP address) will be transmitted to and stored by Target First on its servers. Target First will use this information to evaluate your use of the site, to compile reports on site activity and on the history of your interactions with the site representative(s). Target First may share this information with third parties if required to do so by law or when such third parties process data on Target First’s behalf. You may disable the use of cookies by selecting the appropriate settings on your browser. However, such deactivation may prevent the use of certain features of this site. By using this website, you expressly consent to the processing of your personal data by Target First under the conditions and for the purposes described above. At any time during your browsing of our site, representatives of our site may observe your browsing in real time and call on you.”

You agree to forward to Target First requests for access, rectification and deletion of personal data by your users via the contact form. You are responsible for deleting the data of these users from any files exported from Target First.

You agree that Target First, can collect, keep, treat and use the data relating to your use of the services.

With regard to the law of January 6, 1978, you profit from a right of access, correction and opposition on the collected personal data concerning you. These rights can be exercised via the contact form.

12. References

Unless you notify Target First SAS otherwise, you authorize Target First to use your trade names, trademarks, logos, domain names in its commercial documents.

13. Responsibility

13.1 – Limitation of liability for the Chatbot service

For the installation of a Chatbot on your website, Target First will refer to the technical specifications provided by you or defined with you to meet its needs.

Your use of Target First services is at your own risk.

Target First cannot guarantee the continuity of the access to the Target First services, their permanence and their continuous use. Consequently, the responsibility for Target First could not be committed because of the disadvantages or damage inherent in the use of the Internet network, in particular in the event of rupture of the service, of external intrusion, of the presence of a data-processing virus, or of the fraudulent use which could be made by a third.

Consequently, Target First could not be held responsible for the direct or indirect damage including without this list being restrictive, the infection by viruses, the loss of data or programs, the loss of use of the data-processing equipment (including in particular the software, the hard disks, or any system) the financial losses following the use of its Chatbot.

Maintenance operations of the site may be carried out at any time, which may temporarily prevent access to Target First services. Target First is in no way responsible for these necessary inconveniences.

You are solely responsible for adapting your computer hardware, data, software and network connection to the site, thereby enabling you to access Target First services.

You understand and agree that your content may be transmitted unencrypted over various networks.

The information of any kind available on the site is for information purposes only. Consequently, it is up to you to check its accuracy, completeness and relevance. Target First would not know how to see its responsibility because of the use that you would make of this information.

Target First ensures the lodging of the Data and their availability during 3 months on line. Beyond 3 months, access to this data is no longer possible. The customer is responsible for exporting the desired data at regular intervals.

13.2 – Limitation de responsabilité concernant la prestation d’externalisation des chats

For the management of chat conversations with your users, Target First will refer to the training material provided by you to meet your needs.

The Target First back office will be set up with the catchphrases and speech already configured to enable us to be responsive in dealing with our caller.

The Target First company will establish, by mutual agreement with you, the sales pitch that will be used during the exchange with the prospect or customer.

The consultant will introduce himself as your collaborator.

Target First consultants can only provide prospects with the elements and information that already exist on your website, without deviating from them or interpreting them. If Target First consultants cannot answer a prospect’s request for information and the information is not on the website or in the ad in question, Target First consultants will direct the prospect to one of your departments that can answer his questions.

Therefore, Target First will not be responsible for the information and elements provided to prospects via chat, insofar as this information is that defined and mentioned by you on your website.

Consequently, Target First is held only with an obligation of means. In a general way, Target First will not assume any responsibility concerning the information and elements provided to your prospects. It will not be able to be held for person in charge for the losses to gain, the damage resulting from a loss to the broad sense of the term and/or all other direct or indirect damage of some nature that they are. In any event, Target First shall not be liable for any consequential damages suffered by you, such as lost profits, reduced sales or other increased overhead, or loss or degradation of data.

13.3 – Limitation of liability for automated chatbots

For the implementation of an automated Chatbot on your website, Target First will refer to the technical specifications provided by you to meet its needs.

The automated Chatbot consists of assisting prospects in navigating the client’s website and directing them to the information previously indicated on the website.

The information and elements provided by the automated Chatbot are determined and validated by you before being used in the Chatbot.

Basic conversational elements, such as greetings, are provided by default. The development of a customized Chatbot for your business requires the definition of specific variables defined with you, and validated by you. There is also a dialectic collection of specific phrases, defined with you, and validated by you. They will not be modified without your request and agreement. Moreover, in the event of supply of a tool allowing you to enrich the collection or to make it evolve, any modification is your responsibility.

Thus, Target First will not be responsible for the information and elements provided to the prospects via the automated Chatbot.

Consequently, Target First is held only with an obligation of means. In a general way, Target First will not assume any responsibility concerning information and elements provided to the prospects. It cannot therefore be held responsible for loss of earnings, damage resulting from loss in the broad sense of the term and/or any other direct or indirect damage of any kind. In any event, Target First shall not be liable for any consequential damages suffered by you such as loss of profits, decrease in turnover or any other increase in overheads, or loss or damage to data.

14. Contact

If you wish to comment, provide information or ask a question regarding the use of the Target First site and services, with the exception of complaints under Article 15, you may contact Target First via the contact form.

According to the subscribed offers, the paying subscribers of Target First can have the right :

technical support in case of faults (see article 17 SLA)
support in using Target First features

During working days: Monday to Friday 9am to 12pm and 2pm to 6pm (excluding public holidays).

15. Complaints

Any acts committed on the site that are detrimental to you may be the subject of a complaint to Target First. This complaint must automatically be transmitted to :

TARGET FIRST 23 Rue de la Croix Lormel 22190 PLÉRIN or via the contact form

The complaint must include:

the date of notification,
the identity of the complainant:
in the case of a natural person: his or her surname, first name, profession, domicile, nationality, date and place of birth;
in the case of a legal entity: its form, name, registered office and the body that legally represents it
the name and address of the addressee (in the case of a legal person, its name and registered office)
the description of the facts in dispute and their precise location,
the reasons for which the content must be removed, including the mention of legal provisions and justifications of facts,
a copy of the correspondence, addressed to the author or publisher at the origin of the litigious information or activities, requesting their interruption, withdrawal or modification, or the justification of the fact that the author or publisher could not be contacted.

Target First shall be free to take all appropriate measures, without any obligation on its part, and/or to forward this complaint to the competent authorities.

16. Jurisdictional competence

Any dispute relating to the contractual relations between Target First and you concerns the competence of the Commercial court of Saint-Brieuc.

17. Service Level Agreement (SLA)

How to report: write and submit a ticket on our support: https://support.targetfirst.com/ without which we cannot guarantee that your problem will be taken into account and that the following resolution times will be applied.

(a) In case of a blocking bug**, the report will be taken into account within 2 working hours.

A blocking anomaly is one that completely prevents the solution from working. The Service Provider will try to correct the blocking anomaly as soon as possible, and will propose a workaround solution.

(b) In the case of a semi-blocking bug***, the report is taken into account within 24 working hours.

A semi-blocking issue is one that impacts the proper functioning of the solution, but does not completely prevent its use. The Provider will try to correct the problem and propose a workaround solution that will allow the use of the concerned features within 2 working days*.

(c) In case of minor anomaly****, the report is taken into account as soon as possible, and proposes the correction of the minor anomaly in a new version of the Service that will be delivered as part of the evolutionary maintenance.

A minor issue is one that only partially disrupts the use of the solution.

* Working days: Monday to Friday 9am to 12pm and 2pm to 6pm (excluding public holidays).

** impossible to chat (Clic to Chat) / to be called back (Clic to Call)

*** inaccessible functionality of the solution (ex: stats)

**** all other anomalies

Concerning the Target First widget, only the maintenance of the native widget that can be configured from the back-office will be ensured.

Any widget customized for the launch (font, image, etc.), will only be maintained within the framework of the initial contract, and provided that no changes are made to the widget.

Please note that if you have a custom widget set up by Target First, the customization features available in the back office become inoperative. Any use of these back office customization features could deteriorate the appearance and functioning of the widget, sometimes irreversibly.

Reversible deteriorations cannot be taken in charge within the framework of our SLA, but will be invoiced proportionally to the time spent. This service will be scheduled upon receipt of the agreement on the estimate, at the earliest, according to available resources.

Any license renewal will not include the maintenance of the custom widget, but only the maintenance of the base widget and the solution catalog.

Custom widget maintenance will be invoiced as an additional service.

18. The technical requirements are as follows:

Check the network settings of the workplace, so that they do not filter www.watcheezy.net, www.targetfirst.com, admin.targetfirst.com, or www.watcheebox.net on ports 80 and 443 in case you are using a proxy.
Check that there is no Adblock installed on the browser through which the agent connects to the backoffice. If there is, it is possible to create an exception for the Target First widget.
It is recommended to use Chrome or Firefox (up to date) for optimal use of the back office (IE not compatible).
If the Target First widget is to be displayed on several separate URLs, all URLs must be linked to your “Corporate Account”. If you have not already done so, you need to add the URLs of the sites in question to your back office and ensure that the Target First script is present/installed on all sites.
In terms of hardware, the minimum requirement is a PC with Windows 7, 8 GB Ram and a multi-core processor (AMD A8 or i3).

19. Security

For security and confidentiality reasons, the billing referral account is unique and cannot be edited in the back office. You can request a change via our support. The first change is free of charge, subsequent changes are subject to a flat fee of 50€.

For security and confidentiality reasons, the back-office connection logins are unique and cannot be edited in the back-office. You can only change the contact email address to which you will receive our communications. You can make a request to change your login via our support. The first change is free of charge, subsequent changes are subject to a flat fee of 50€.

getquanty mailbox souscription newsletter demande