GENERAL CONDITIONS APPLICABLE TO MONAMEDIA CONTRACTS
Preamble
This document constitutes a common set of general terms and conditions applicable to all contractual relationships between MONAMEDIA SARL and any person or entity contracting with it in connection with its services.
It is intended to provide a uniform legal framework for the reciprocal rights and obligations between MONAMEDIA and the User, meaning any natural or legal person who has entered into a supply, collaboration or exploitation contract for MONAMEDIA solutions.
As a matter of principle, it applies in addition to the signed main contract and constitutes a contractual basis enforceable against any User.
1. Definitions
The following terms, when used in these General Terms and Conditions (hereinafter the "GTC"), shall have the following meanings, whether used in the singular or plural:
"MONAMEDIA" : means the company MONAMEDIA, a company governed by Monegasque law with its registered office at 4 rue des Lilas, MBP, 98000 Monaco, which operates the technical, commercial and logistical platform accessible at http://www.monamedia.mc/
"User" : means any natural or legal person accessing or using the MONAMEDIA platform in any capacity whatsoever, whether as a private user (B2C) or a business partner (B2B).
"B2C Client" : means any natural person acting outside a professional context, who has subscribed to an advertising broadcast offer on their personal television via the MONAMEDIA box.
"B2B Partner" : means any professional entity (company, business, institution) having one or more screens and having signed an advertising broadcast contract with MONAMEDIA.
"MonaApp" : means the mobile application published by MONAMEDIA, enabling Users (B2C or B2B) to access their account, track screen performance and interact with the services provided.
"MONAMEDIA Box" : means the technical equipment provided by MONAMEDIA (or acquired by the client) enabling the display of advertising banners on connected screens.
"L-Banner" : means the standard advertising format broadcast by MONAMEDIA, in the form of a discreet ten (10) second banner appearing at the bottom of the screen.
"MONAMEDIA Platform" : means all services accessible via the website www.monamedia.mc, the MonaApp, or any other digital medium published by MONAMEDIA.
"Remuneration" : means the sums paid by MONAMEDIA to an eligible User in consideration for the use of one or more screens for advertising purposes.
"Payment Service Provider" : means any approved operator involved in the processing of financial flows between MONAMEDIA and its Users. MONAMEDIA does not handle or hold the transferred funds.
2. Scope
These General Terms and Conditions (the "GTC") govern access to, use of, and operating procedures for the MONAMEDIA platform, as operated by the company MONAMEDIA.
They apply, without restriction or reservation, to any person accessing the platform, and in particular to the following categories of Users:
– B2C Clients, private individuals using a personal television to broadcast advertising banners via the MONAMEDIA box;
– B2B Partners, companies or professional entities with screens on their premises and collaborating with MONAMEDIA under an advertising broadcast contract;
The GTC supplement, as applicable, the specific contracts concluded between MONAMEDIA and the User (B2C Contract, B2B Contract, or Contract), which shall prevail in the event of any inconsistency.
Access to and use of the platform imply full and complete acceptance of these GTC. If the User does not accept all or part of these provisions, it is their responsibility not to access the services.
MONAMEDIA reserves the right to update these GTC at any time, in compliance with the rules applicable to each contractual category.
3. Access to the service
Access to the services offered by MONAMEDIA is subject to compliance with the following criteria, which vary depending on the User profile.
3.1 – General eligibility conditions
Every User must:
– have the legal capacity to contract;
– accept these GTC without reservation and, where applicable, the specific contractual terms applicable to them;
– provide accurate, verifiable and up-to-date information when registering or activating their account;
– not have previously been excluded from the MONAMEDIA platform for contractual breach or fraudulent behaviour.
3.2 – Access for B2C Clients
Access to the service is reserved for adult natural persons residing in France or Monaco, with a compatible television and a stable Internet connection.
The B2C Client must activate their box via the MonaApp and accept the remuneration terms set out in the B2C contract.
3.3 – Access for B2B Partners
The B2B Partner must be a registered legal entity, have one or more screens in a professional setting, and sign a specific contract with MONAMEDIA.
The installation of the boxes may be carried out by MONAMEDIA or by the Partner, depending on the offer chosen. Access to the professional back office is granted to any client holding a valid account with Monamedia, regardless of whether Monamedia hardware or a Monamedia box is owned or activated.
The client may, at any time, subscribe to additional services (StarterPack, Monapack, EventPack or any future offer) either online or through a duly authorised representative.
This subscription is independent and is not conditional on the activation or use of Monamedia hardware.
3.4 – Suspension or refusal of access
MONAMEDIA reserves the right to suspend, restrict or refuse access to all or part of the service in the event of:
– non-compliance with these GTC or with a specific contract;
– abusive or improper use of the platform's tools;
– suspicion of fraud, simulated broadcasting, or behaviour contrary to commercial ethics.
Suspension shall not give rise to any compensation, subject to the specific contractual provisions applicable to the relevant profile.
4. Service description
MONAMEDIA operates a hybrid technology platform, accessible via its website, its MonaApp mobile application and its professional tools, enabling its Users to generate revenue or commissions through the broadcasting of advertising content or commercial introduction.
4.1 – Advertising on personal or professional screens
MONAMEDIA's main service consists of enabling the broadcast of discreet advertising banners ("L-Banners") on televisions connected to a specific box supplied or approved by MONAMEDIA.
Each L-Banner corresponds to a ten (10) second advertisement displayed at the bottom of the screen, limited to one minute per hour of actual operation.
This broadcast entitles the User, depending on their profile, to variable remuneration determined in the applicable contract.
4.2 – MonaApp application
The MonaApp application enables Users to:
– view the performance of their screens in real time;
– check the balance of their remuneration or commissions;
– access their activity history, contractual documents and additional features (Watch2Help, MonaMaker referral programme, customer support).
Use of the application requires a validated and activated user account.
4.3 – Professional interface and B2B modules
B2B Partners have dedicated professional access allowing them to:
– manage their screen fleet, view broadcast volumes and associated revenue;
– activate specific commercial options (Monapack, EventPack, StarterPack);
Activation of these services requires the prior signing of a specific B2B contract.
4.4 – Excluded or non-guaranteed services
MONAMEDIA does not provide Internet access, nor does it maintain Users' televisions.
The proper functioning of the service depends on network connection quality, technical compatibility of the equipment, and compliance with installation conditions.
MONAMEDIA reserves the right to modify, suspend or withdraw certain features, provided that it informs the Users concerned within a reasonable period.
5. User commitments
Each User undertakes to use MONAMEDIA services in a responsible, fair and contractually appropriate manner.
5.1 – Accuracy of information provided
The User guarantees the accuracy, truthfulness and currency of the information communicated to MONAMEDIA when registering, activating their account or updating their data.
They undertake to notify without delay any change likely to affect the proper functioning of the service (e.g. change of address, screen, bank details, professional situation).
5.2 – Technical compliance and fair use
The User undertakes to:
– use compatible equipment that is correctly installed and compliant with MONAMEDIA specifications;
– keep their box powered, connected and operational, except in cases of force majeure or technical incident beyond their control;
– not disrupt, alter or bypass the broadcasting, measurement or remuneration mechanisms.
5.3 – Prohibition of fraud and simulation
The User is expressly prohibited from:
– artificially simulating the operation of a television set (devices left switched on without actual use, automation, looped rebroadcasting, etc.);
– circumventing the tools using emulators, scripts, manipulation software or unauthorised systems;
– reproducing, copying or hacking the box code or the MonaApp.
In the event of serious suspicion, MONAMEDIA reserves the right to suspend or deactivate the account and to demand repayment of any sums unduly received.
5.4 – Respect for MONAMEDIA's rights and image
The User shall not communicate, reproduce or use the name, trademarks, materials or reputation of MONAMEDIA without prior written authorisation.
They undertake not to act as an official representative of the company unless expressly authorised to do so.
5.5 – General conduct
The User undertakes to:
– not harm the proper functioning of the platform or the service offered to other Users;
– comply with the contractual terms applicable to them according to their status;
– act courteously, in good faith and cooperatively in dealings with customer support or MONAMEDIA partners.
5.6 – Responsibility specific to each profile
B2C Clients are personally responsible for the use of their equipment.
B2B Partners undertake to comply with the technical environment provided for in their contract, particularly in the case of a multi-screen fleet.
6. Financial Terms
6.1 – Payment Service Provider
All financial flows are processed exclusively through an approved payment service provider, acting as a secure intermediary.
MONAMEDIA does not hold, receive or directly retain any funds belonging to its Users.
Processing of transactions is subject to the general terms and conditions of the relevant payment service provider.
6.2 – Remuneration terms for B2C and B2B Users
B2C and B2B Users receive variable remuneration, calculated on the basis of:
– the number of active screens duly registered;
– the actual volume of advertising banners (L-Banners) broadcast per hour;
– the operating time of the screens;
– and compliance with the contractual and technical obligations defined by MONAMEDIA.
The amount applicable per advertisement, any non-remunerated campaigns, as well as the calculation thresholds, are defined in the relevant B2C or B2B contract.
6.3 – Payment of amounts due
Payment of amounts due is made by bank transfer via the payment service provider, no later than the 15th of the month following the validation or closing of the accounting month, provided that:
– the balance reaches the minimum threshold of €30 incl. VAT;
– the payment details provided are valid;
– the User has not breached their contractual obligations.
Processing fees may apply depending on the withdrawal method chosen (SEPA transfer, Paypal, etc.), and shall be borne by the User.
6.4 – Suspension of payments
MONAMEDIA reserves the right to suspend or defer any payment in the event of:
– justified suspicion of fraud, simulation or manipulation;
– erroneous or unverifiable technical data;
– manifest non-compliance with the contractual terms.
Suspension does not constitute a waiver, but a temporary freeze pending verification.
6.5 – Tax and reporting responsibility
Each User is solely responsible for the tax, social security and reporting obligations relating to the amounts they receive.
MONAMEDIA does not issue payslips, make any deductions, or file any declarations on behalf of its Users.
Where applicable, an annual summary may be generated for information purposes via the MonaApp.
7. Intellectual property
7.1 – Ownership of rights
All elements comprising the MONAMEDIA platform, as well as the content broadcast or generated automatically therein, are the exclusive property of MONAMEDIA or its contractual partners.
Protected elements include in particular:
– trademarks, logos, slogans, trade names, domain names;
– original visual, sound or textual content;
– software structures (MonaApp, dashboard, algorithms, box source code);
– graphic charters, user interfaces and design elements.
No right of use, reproduction or exploitation may be granted to the User outside the cases expressly provided for in the contracts or specific authorisations.
7.2 – Restricted and non-exclusive use
Subject to their profile, the User may access certain resources or visuals intended to facilitate communication or promotion of the service.
Any use of these elements (PDFs, screenshots, extracts, marketing content) is strictly limited to personal or professional use consistent with the mission defined in their contract, and excludes:
– any modification, diversion or reinterpretation of the message;
– any public distribution without prior written authorisation from MONAMEDIA.
7.3 – Content provided by the User for communication purposes
The User may, if they expressly agree, authorise MONAMEDIA to use the following elements for communication or commercial promotion purposes:
– their first name, city or age range;
– their profile photo or a photo of their installation (TV, box);
– quotations, reviews or testimonials voluntarily provided.
This authorisation may be revoked at any time by simple written request and is never imposed as a condition of access to the service.
7.4 – Inviolability of the box and the code
The source code of MONAMEDIA systems, as well as connected boxes and their embedded modules, may under no circumstances be copied, analysed, disassembled, decompiled or modified, even partially.
Any conduct of this kind may result in immediate termination of the contract, without prejudice to civil or criminal proceedings.
8. MONAMEDIA's liability
8.1 – Nature of the obligation
MONAMEDIA provides its services on a best efforts basis.
It undertakes to implement all reasonably necessary technical, human and contractual resources for the proper functioning of the platform, advertising broadcasting, the MonaApp and the associated remuneration systems.
It does not guarantee the profitability of a screen, any fixed income amount, or uninterrupted availability of the service.
8.2 – Limitation of liability
MONAMEDIA shall not be liable to the User in the event of:
– interruption or failure of the service due to force majeure, network outage or third-party action (Internet provider, payment provider, cloud provider, etc.)
– non-compliant or defective hardware configuration;
– improper installation, unauthorised use or incorrect handling of the box;
– erroneous or incomplete data provided by the User;
– simulated operation, attempted fraud or breach of technical rules.
8.3 – Responsibility specific to each profile
– With regard to B2C Clients, MONAMEDIA cannot be held responsible for any side effects related to the broadcast of advertisements (partial visibility, occasional visual discomfort, network congestion).
– For B2B Partners, advertising results, occupancy rate or return on investment are never guaranteed, unless expressly stated otherwise in a dedicated contract.
8.4 – Indirect damages and cap
MONAMEDIA shall not be liable for indirect losses suffered by the User, such as loss of expected revenue, loss of opportunity, commercial loss or damage to image.
In all cases, except in the event of gross negligence or wilful misconduct, MONAMEDIA's total liability shall be capped at the total amount received by the User concerned over the previous twelve (12) months, for all causes combined.
8.5 – Reporting malfunctions
Any incident, anomaly or technical malfunction must be reported without delay to support service via MonaApp or at support@monamedia.mc.
The User undertakes to cooperate in good faith with any verification or testing procedure aimed at restoring normal service operation.
9. Provision of the service
9.1 Implementation arrangements
MONAMEDIA services are provided according to the arrangements and timeframes agreed in the Main Contract or, failing that, within a reasonable period from acceptance of the User's file.
9.2 Suspensive conditions
The effective provision of the service is subject to the following conditions being met:
· validation of the User's administrative file,
· technical confirmation of equipment compatibility,
· absence of any legal or regulatory contraindication affecting the intended activity.
9.3 Equipment delivery
Where the service includes the delivery of a physical box or equipment, ownership of the equipment remains with MONAMEDIA unless expressly transferred. The User holds it in safekeeping, is responsible for its proper use and must return it upon first request in the event of suspension, removal or termination of the contract.
9.4 Continuous availability
MONAMEDIA uses all reasonable endeavours to ensure service continuity. However, the User acknowledges that the provision of the service may be temporarily interrupted for maintenance, updates, technical intervention or force majeure, without any right to compensation, unless otherwise contractually agreed.
10. Termination of the User account and service discontinuation
10.1 Termination at the User's initiative
The User may terminate their contract at any time by written notice to MONAMEDIA, subject to a notice period of fifteen (15) days. Termination results in the removal of access to MONAMEDIA services and associated interfaces.
Any outstanding balances shall be paid within thirty (30) days following termination, subject to contractual compliance and the minimum payment threshold.
10.2 Termination at MONAMEDIA's initiative
MONAMEDIA may terminate any contract by operation of law, without compensation, in the event of a serious breach by the User of these General Terms and Conditions or the Main Contract, after a notification that has remained ineffective for seven (7) days.
In the most serious cases (manifest fraud, security breach, system diversion), MONAMEDIA may terminate with immediate effect, without notice or cure period.
10.3 Effects of termination
· Removal of access to services, platforms, applications or interfaces;
· Immediate deactivation of the boxes and cessation of all advertising broadcast on the relevant screens;
· Return of equipment within a maximum period of fifteen (15) days, where applicable;
· Survival of clauses relating to confidentiality, intellectual property, non-solicitation and liability after the end of the contract, for the period stipulated or, failing that, for five (5) years.
11. Personal data & confidentiality
11.1 – Data controller
The personal data collected in connection with the use of MONAMEDIA services are processed by the company MONAMEDIA, in its capacity as data controller, in accordance with the applicable regulations in the Principality of Monaco (Law No. 1.165 as amended) and the General Data Protection Regulation (GDPR – EU 2016/679).
11.2 – Categories of data collected
MONAMEDIA may collect and process in particular the following data:
– identity data: first name, surname, email address, profile photo, date of birth (optional), city;
– contractual data: status, contract type, activation date, preferences, user category;
– technical data: activity logs, broadcast duration, number of active screens, approximate location;
– transaction data: generated remuneration, validated commissions, payment history;
– browsing data within the application or on the website.
11.3 – Purposes of processing
Personal data are processed for the following purposes:
– management and performance of contracts concluded with Users;
– calculation and display of advertising performance;
– sending notifications, push notifications and personalised emails;
– implementation of the Watch2Help programme;
– management of requests and customer support;
– production of anonymised statistics and aggregated reports.
11.4 – Bank data and secure payment
MONAMEDIA does not directly collect or retain Users' bank data.
All financial transactions are carried out via approved payment service providers, in accordance with their own terms of use and privacy policies.
MONAMEDIA receives only technical identifiers or payment statuses, without access to full bank details.
11.5 – Notifications, push notifications and marketing communication
By accepting these GTC, the User authorises MONAMEDIA to send them:
– emails related to the performance of the service;
– mobile push notifications of an informative, contractual or promotional nature;
– communications relating to their activity or MONAMEDIA offers, including through its internal channels or approved partners.
The User may at any time configure or refuse certain communications via their personal area or the MonaApp settings.
11.6 – Data retention
Personal data are retained for the period strictly necessary for the purposes of processing, namely:
– for the entire duration of the contractual relationship,
– then for a period of five (5) years from the last activity, for evidential, compliance or pre-litigation management purposes.
11.7 – Data subject rights
In accordance with applicable regulations, the User has the following rights:
– right of access, rectification, updating and erasure of their data;
– right to object to or restrict processing;
– right to data portability;
– right to withdraw at any time consent to the use of their data for non-contractual purposes.
Any request may be sent to office@monamedia.mc or by post to MONAMEDIA's registered office address, together with valid proof of identity.
11.8 – Security and subcontracting
MONAMEDIA implements appropriate technical and organisational measures to ensure the security, confidentiality and integrity of personal data.
Certain data may be processed by subcontractors acting on behalf of MONAMEDIA, under the conditions set out in a subcontracting agreement compliant with the GDPR.
12. Trademarks and copyright
12.1 Ownership of trademarks
All trademarks, logos, trade names, visual identities and distinctive signs belonging to MONAMEDIA, whether registered or not, are protected by trademark law. The User acknowledges that these elements are the exclusive property of MONAMEDIA or are subject to a duly granted licence.
No right of use, reproduction or representation may be granted to the User outside the rights expressly authorised by MONAMEDIA in the performance of the contract. Any unauthorised use constitutes infringement and may give rise to civil and criminal liability for the person responsible.
12.2 Copyright and associated creations
All editorial, visual, audiovisual, textual, graphic or software content integrated into MONAMEDIA services is protected by copyright and related rights under the Intellectual Property Code or equivalent Monegasque legislation.
MONAMEDIA remains the owner of all economic rights attached to such content, whether developed in-house or supplied by third parties. The User undertakes not to copy, adapt, reuse or distribute all or part of these elements without MONAMEDIA's prior written authorisation.
Any infringement detected shall be subject to immediate removal, suspension of access to the services and, where applicable, legal proceedings.
13. Governing law and jurisdiction
These General Terms and Conditions, as well as all contracts to which they are attached, shall be governed by French law or, where applicable, by Monegasque law when the main contract has been concluded under the jurisdiction of Monaco.
In the event of any dispute relating to the validity, performance, interpretation or termination of a contract, the parties undertake to seek first and foremost an amicable settlement within thirty (30) days from written notification of the dispute by one of the parties.
Failing agreement, exclusive jurisdiction is attributed to the courts having subject-matter jurisdiction within the area of MONAMEDIA's registered office, including in the event of multiple defendants or third-party proceedings, notwithstanding any contrary clause.