Terms of Sale

By subscribing to a Newphonia plan, the Client unreservedly accepts these Terms as well as the Service Terms of Use.

1. Purpose

These Terms define the conditions for subscribing, paying, renewing, cancelling and accessing Newphonia subscriptions, including contractual authorisation to broadcast Content via the Application in public places or venues open to the public, within the limits set out in the Terms of Use.

2. Plans, features and scope

Newphonia offers several subscription plans:

Professional plans (B2B): free with advertising, standard at €9.90/month without advertising, and Premium at €24.90/month for a store with dedicated music and no advertising.

Individual plans (B2C): free with advertising and standard at €9.90/month without advertising.

Changes apply to new subscriptions and, where applicable, renewals, after informing the Client where required by law.

3. Order — Subscription

Subscription is completed online. The Client:

1. chooses a Business or Individual category,
2. provides the requested information,
3. confirms the order by accepting the Terms,
4. proceeds to payment.

The order is binding upon payment confirmation. Ragencia reserves the right to refuse an order in case of fraud, payment incident or non-compliance with the Terms of Use/Terms of Sale.

4. Prices — VAT — Invoicing

Prices are stated in euros. For consumers, prices are inclusive of all taxes (VAT included). For businesses, prices are exclusive of tax (excl. VAT), with applicable VAT added at the prevailing rate. The Publisher reserves the right to modify its prices; the applicable price is that in force on the day of subscription or renewal.

5. Payment

Payment is due immediately upon subscription, then at each renewal period according to the chosen billing cycle.

Paid subscriptions are settled by recurring payment (notably bank card) according to the billing cycle of the chosen plan. The client expressly authorises the Publisher, or its payment provider, to automatically debit the subscription amount at each billing period. In case of incident or default of payment, Ragencia may suspend access to Newphonia until regularisation and/or cancel the subscription.

6. Provision — Access to the Service

After payment, the Client accesses Newphonia features via their Account. The Client is responsible for configuring their equipment and internet connection.

7. Duration — Renewal

Subscriptions are taken out without minimum commitment and are automatically renewed at each billing period (monthly or according to the plan) until cancelled.

8. Cancellation

8.1 Cancellation at the Client's initiative

The client may cancel their subscription at any time from their account or by contacting the Publisher. Cancellation takes effect at the end of the current paid period; no further debit will be made thereafter. Unless otherwise required by mandatory law, amounts corresponding to an already started period are not refunded.

8.2 Cancellation / suspension at Ragencia's initiative

Ragencia may suspend or cancel in case of breach (prohibited use, fraud, non-payment, use outside the scope of the Terms of Use).

9. Right of withdrawal (consumer clients)

In accordance with Articles L.221-18 et seq. of the French Consumer Code, consumers have a period of fourteen (14) days to exercise their right of withdrawal from the conclusion of the contract, without having to give reasons.

However, in accordance with Article L.221-28 of the French Consumer Code, the client may request immediate access to the Service. If they expressly request performance of the Service before the end of the withdrawal period and acknowledge forfeiting their right of withdrawal once the Service has been fully performed, the right of withdrawal may no longer be exercised. Where withdrawal relates to a service whose performance has begun at their request, the consumer pays an amount proportional to the service provided.

The right of withdrawal does not apply to business clients.

10. Refunds

Unless legally required, started periods are not refunded. In case of valid withdrawal or legal obligation to refund, Ragencia processes the refund in accordance with applicable legal requirements.

11. Client obligations (Business / Professional)

The Client undertakes to:

• use "Business or Professional" plans only via the Application or website;
• respect the broadcasting scope authorised by the Terms of Use;
• not extract, copy, record or redistribute Content;
• ensure the security of their credentials;
• ensure compliance with the Terms of Use by their employees/collaborators;
• maintain one account per store.

12. Availability and service level

The Publisher uses reasonable means to ensure Service availability. Interruptions may occur for maintenance, updates or events beyond the Publisher's control. Such interruptions do not give rise to compensation, unless a specific service level agreement has been agreed in writing.

13. Legal warranties (consumers)

Consumers benefit from the legal warranties provided by the French Consumer Code and Civil Code, notably the conformity warranty applicable to digital content and services (Articles L.224-25-1 et seq. of the French Consumer Code).

14. Liability

The Publisher's liability is limited to direct and foreseeable damages resulting from a breach of its obligations. With respect to business clients, and within the limits permitted by law, the Publisher's total liability is capped at the amounts paid by the client for the subscription during the twelve (12) months preceding the triggering event. No limitation applies in case of fraud, gross negligence or bodily injury.

15. Personal data

Personal data processing in connection with contract performance is described in the Privacy Policy.

16. Intellectual property — Prohibition of use outside the Application

Content and the Service are the exclusive property of Ragencia. Any use outside the Application is prohibited without prior written agreement.

17. Content warranty

For Content made available on Newphonia and used in accordance with the Terms of Use/Terms of Sale, Ragencia declares that listening/broadcasting via the Application does not require payment of additional copyright or neighbouring rights royalties by the Client, beyond the NewPhoniaPro subscription price.

18. Support — Complaints

Support: contact@ragencia.com. The Client must provide useful information (Account, plan, date, problem description).

19. Liability (supplement)

Within the limits permitted by law, Ragencia's liability is limited to the amount paid by the Client during the 12 months preceding the triggering event. Ragencia is not liable for indirect damages.

20. Consumer mediation

If the Client is a consumer, they may use a consumer mediator free of charge, in accordance with applicable rules.

Mediator: CM2C, 49 Rue de Ponthieu, 75008 Paris / declarer-un-litige@cm2c.net.

21. Governing law — Disputes

These Terms are governed by French law. For disputes with a consumer, applicable legal rules on jurisdiction apply. For disputes with a business, and failing amicable resolution, jurisdiction is attributed to the courts of the Publisher's registered office, unless otherwise required by mandatory law.

22. Contact

RAGENCIA SAS — 35 rue Pastorelli, 06000 Nice — contact@ragencia.com