TERMS AND CONDITIONS
Last updated: 26.06.2026
Effective date: As of the date of signature of the applicable Order Form, insertion order, quotation, contract or other written agreement that incorporates these Terms by reference.
These Master Terms and Conditions of Sale (the “Terms”) apply to all digital advertising, sponsorship, sponsored content, content distribution, media visibility, resort data enhancement, API/data access, Skiinfo+, Summer+ and related services (the “Services”) supplied by SKIINFO.FR, a company registered with the Annecy Trade and Companies Register under number 403 215 882, having its registered office at Zone d’Activites Annecy la Ravoire – Impasse de la Ravoire – 74370 Epagny Metz-Tessy, France (“Skiinfo”, “we”, “us” or “our”), to any professional client, advertiser, agency, reseller or other business customer (the “Client”).
The Services may be delivered on or in connection with the Skiinfo, OnTheSnow, Skiinfo.fr, Mountain News and related websites, mobile applications, newsletters, emails, social channels, data products, commercial programs or other digital properties operated or commercialized by Skiinfo or its affiliates (the “Platforms”).
These Terms are incorporated into each insertion order, order form, purchase order, quotation, statement of work, contract or other written agreement accepted by Skiinfo and the Client (each an “Order”). Together, the Order and these Terms form the agreement between the parties for the relevant Services (the “Agreement”).
If there is any conflict between the documents forming the Agreement, the following order of precedence applies: (a) the signed Order, but only for the specific commercial terms expressly set out in that Order; (b) any special terms expressly agreed in writing by Skiinfo; and (c) these Terms. Any Client purchase terms, procurement terms, general terms or other terms are rejected and shall not apply unless Skiinfo expressly accepts them in writing.
The Order should specify the campaign, Services, Platforms, dates, formats, deliverables, fees, payment schedule, cancellation terms and any other commercial terms. These Terms govern the general legal and operational terms unless the Order expressly states otherwise.
All Orders must be in writing and signed or otherwise expressly accepted by both parties. Skiinfo is not obliged to reserve inventory, launch a campaign, integrate Client materials or perform Services until the Order has been accepted and all required Client materials and approvals have been received.
The person signing or accepting an Order on behalf of the Client represents that they have authority to bind the Client. If an advertising agency signs on behalf of an advertiser, the agency represents that it is authorized to bind the advertiser and remains jointly and severally liable with the advertiser for all payment and performance obligations unless Skiinfo expressly agrees otherwise in writing.
Unless the Order expressly provides otherwise, all Orders are firm and non-cancellable by the Client. Any postponement, reduction, substitution, rescheduling or material change requested by the Client requires Skiinfo’s prior written approval and may be subject to additional fees, inventory availability and revised timelines.
If the Client delays delivery of materials, approvals or other dependencies, Skiinfo may invoice as scheduled and/or adjust the delivery schedule, without prejudice to any other rights or remedies. Skiinfo will use commercially reasonable efforts to accommodate operational changes, but does not guarantee availability of equivalent inventory, dates, formats or positioning.
The Client is solely responsible for all advertising copy, creatives, trademarks, logos, claims, URLs, landing pages, tracking tags, data, audience segments, promotional offers, images, videos, sponsored content materials and other materials supplied or approved by or on behalf of the Client (“Client Materials”).
The Client warrants that all Client Materials and the products, services and offers promoted through them: (a) are accurate, lawful, fair and not misleading; (b) comply with all applicable laws, regulations, advertising standards, consumer protection rules, industry codes, platform rules and self-regulatory requirements; (c) do not infringe any third-party intellectual property, privacy, publicity, database, image, moral or other rights; (d) do not contain malware, spyware, harmful code or unlawful tracking technologies; and (e) are suitable for publication in the territories and on the Platforms covered by the Order.
Skiinfo may refuse, suspend, remove or request modification of any Client Materials or campaign that Skiinfo reasonably considers unlawful, misleading, harmful, technically unsafe, reputationally damaging, non-compliant with Platform specifications, inconsistent with editorial or brand standards, or otherwise unsuitable. Any such action does not relieve the Client from payment obligations.
Skiinfo will perform the Services with reasonable professional care and skill and is bound by an obligation of means, not an obligation to achieve a particular commercial result, booking level, lead volume, traffic volume, conversion rate, revenue level or other outcome unless expressly stated in the Order.
Impression, click, delivery and performance figures may vary due to technical, measurement, fraud-prevention, filtering, browser, device, consent, ad-blocking, inventory and third-party platform factors. Unless the Order expressly provides otherwise, Skiinfo’s campaign reporting is the controlling measurement for billing and delivery reconciliation.
If Skiinfo materially underdelivers a guaranteed quantity expressly stated in the Order, the Client’s sole and exclusive remedy is, at Skiinfo’s option, a reasonable makegood, extension, substitute placement, credit against future Services or pro rata reduction of the affected portion of fees. No remedy is due for underdelivery caused by Client delay, defective Client Materials, tracking failures outside Skiinfo’s control, force majeure, suspension for compliance reasons or Client breach.
The fees, invoicing schedule and payment terms are set out in the applicable Order. Unless the Order states otherwise, invoices are payable within thirty (30) days from the invoice date. All fees are exclusive of VAT and other applicable taxes, duties, levies or bank charges, which shall be payable by the Client in addition to the fees unless expressly included.
Any late payment shall automatically give rise, without prior reminder, to late-payment interest calculated in accordance with Article L. 441-10 of the French Commercial Code, at the rate stated in the invoice or Order or, if no rate is stated, at the rate required by applicable French law, together with the fixed recovery indemnity provided by Article D. 441-6 of the French Commercial Code, currently forty euros (EUR 40), without prejudice to Skiinfo’s right to claim additional recovery costs upon proof.
In the event of non-payment, late payment or deterioration of the Client’s creditworthiness, Skiinfo may suspend ongoing Services, withhold launch or delivery, require advance payment or security, refuse new Orders, accelerate unpaid amounts and/or terminate the relevant Agreement in accordance with these Terms. Suspension for non-payment does not extend campaign dates or reduce fees unless Skiinfo expressly agrees otherwise.
Each party retains ownership of its pre-existing intellectual property, technology, know-how, trademarks, data, tools, formats, templates, databases, methods, editorial assets and proprietary materials.
The Client grants Skiinfo and its affiliates, subcontractors and technical service providers a worldwide, non-exclusive, royalty-free licence, for the term of the Agreement and for a reasonable technical archiving period thereafter, to reproduce, represent, display, host, transmit, adapt, resize, format, translate where agreed, distribute and otherwise use the Client Materials solely as necessary to perform, evidence, bill and report on the Services.
No rights are transferred to the Client in Skiinfo’s Platforms, tools, methods, formats, templates, technologies, databases, editorial content, audience data, commercial know-how, analytics, reports, campaign set-ups or other proprietary materials, except for the limited right to receive the Services in accordance with the Agreement.
Unless the Order states otherwise, Skiinfo may identify the Client as a customer and may include screenshots, thumbnails or limited extracts of delivered campaigns in sales materials, internal reporting, case studies or portfolio materials, provided that Skiinfo does not disclose the Client’s confidential information or imply an endorsement beyond the existence of the commercial relationship.
Each party shall comply with all applicable data protection, privacy, electronic communications and cookie/tracking laws and regulations, including the EU General Data Protection Regulation, the French Data Protection Act and applicable CNIL guidance, to the extent applicable to its activities under the Agreement.
Where the Client provides personal data, audience data, tags, pixels, cookies, identifiers, match lists or other data to Skiinfo, the Client warrants that it has all required rights, notices, consents and lawful bases to do so and that the data may lawfully be used for the purposes of the Services. The Client shall not provide sensitive data or special category data unless expressly agreed in writing and subject to appropriate safeguards.
Where the parties determine that a data processing agreement, joint-controller arrangement or other privacy addendum is required, the parties shall enter into an appropriate written addendum. In case of conflict between that privacy addendum and these Terms, the privacy addendum prevails solely for data protection matters.
Each party shall keep confidential all non-public business, technical, commercial, financial, strategic, product, customer, campaign, pricing, data, platform or operational information received from the other party in connection with the Agreement (“Confidential Information”).
Confidential Information may be used only to perform or manage the Agreement and may be disclosed only to employees, affiliates, professional advisers and subcontractors who need to know it and are bound by confidentiality obligations. Confidentiality obligations do not apply to information that is publicly available without breach, already lawfully known, independently developed without use of the Confidential Information, or required to be disclosed by law or a competent authority.
These confidentiality obligations apply during the Agreement and for three (3) years after its expiry or termination, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.
The Client shall indemnify, defend and hold harmless Skiinfo, its affiliates and their respective officers, directors, employees, agents, subcontractors and representatives from and against all third-party claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, settlements, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) Client Materials; (b) the Client’s products, services, offers, websites, landing pages, promotions or claims; (c) the Client’s breach of the Agreement; (d) any allegation that Client Materials or data supplied by or on behalf of the Client infringe or misappropriate third-party rights or violate applicable law; or (e) the Client’s breach of data protection, privacy, advertising, consumer protection or electronic communications laws.
Skiinfo shall indemnify, defend and hold harmless the Client, its affiliates and their respective officers, directors, employees, agents and representatives from and against all third-party claims, demands, actions, proceedings, damages, losses, liabilities, settlements, costs and expenses, including reasonable legal fees, arising out of or relating to: (a) Skiinfo’s breach of the Agreement; (b) any allegation that Skiinfo’s proprietary materials, as supplied by Skiinfo and excluding Client Materials and third-party materials, infringe a third party’s intellectual property rights; or (c) Skiinfo’s breach of applicable data protection laws in respect of personal data for which Skiinfo determines the purposes and means of processing.
The indemnified party shall promptly notify the indemnifying party of the claim, provide reasonable cooperation and allow the indemnifying party to control the defence and settlement, provided that no settlement may impose any admission of liability, payment obligation or non-monetary obligation on the indemnified party without its prior written consent. The indemnified party may participate with counsel of its own choice at its own cost. The indemnifying party is not liable to the extent a claim results from the indemnified party’s breach, negligence, unlawful act or unauthorized modification.
To the maximum extent permitted by applicable law, neither party shall be liable for indirect, consequential or special damages, loss of operating income, loss of revenue, loss of profit, loss of clientele, loss of image, loss of opportunity, loss of bookings, loss of goodwill, loss of data or business interruption, whether foreseeable or not.
To the maximum extent permitted by applicable law, Skiinfo’s aggregate liability arising out of or relating to an Agreement shall not exceed the net amount actually received by Skiinfo for the affected Services giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.
The limitations and exclusions in this clause do not apply to liability that cannot be limited or excluded under applicable law, including liability for fraud, wilful misconduct, gross negligence where limitation is not enforceable, death or personal injury caused by negligence, or payment obligations. The indemnity obligations are subject to the overall limitations of liability except to the extent prohibited by applicable law or arising from fraud, wilful misconduct or unlawful use of intellectual property, personal data or Client Materials.
Either party may terminate the relevant Agreement for material breach by the other party if the breach remains uncured fifteen (15) days after written notice requiring cure. Skiinfo may terminate or suspend immediately if continued performance could expose Skiinfo, its affiliates, the Platforms, users or partners to legal, regulatory, security or reputational risk, or if the Client becomes insolvent or subject to similar proceedings.
Termination does not affect accrued rights, payment obligations, confidentiality, intellectual property protections, indemnities, limitations of liability, governing law and jurisdiction, or any provision that by its nature should survive. Upon termination, the Client shall pay all fees for Services performed, reserved or committed up to the effective termination date and all non-cancellable third-party costs, without prejudice to any penalties, interest, costs or damages that may be due.
Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, strikes, epidemics, power or telecommunications failures, cyberattacks, internet disruption, platform outages, government action, legal restrictions, failure of third-party technology providers or other force majeure events recognized under French law. Payment obligations for Services already performed or committed are not excused by force majeure.
Skiinfo may use affiliates, subcontractors, ad servers, measurement providers, hosting providers, creative vendors, data providers and other technical or commercial partners to perform the Services, provided that Skiinfo remains responsible for the performance of its contractual obligations. The Client may not assign or transfer an Agreement without Skiinfo’s prior written consent.
Formal notices under the Agreement shall be sent by email with confirmation of receipt, registered letter with acknowledgement of receipt, courier or any other method agreed in the Order, to the addresses specified in the Order or to the parties’ registered offices. Operational campaign communications may be made by email between the parties’ usual business contacts.
These Terms and each Agreement are governed by French law, without regard to conflict-of-law rules. Any dispute relating to the validity, interpretation, performance, non-performance, breach, termination or consequences of termination of these Terms or an Agreement shall fall within the exclusive jurisdiction of the competent courts within the jurisdiction of Annecy, France, including in summary proceedings, third-party proceedings or multiple-defendant proceedings, unless mandatory law requires otherwise.
No waiver is effective unless made in writing. A delay or failure to exercise a right does not constitute a waiver. If any provision is held invalid, illegal or unenforceable, the remaining provisions remain in force and the parties shall replace the affected provision with a valid provision that most closely reflects the original commercial intent. The Agreement constitutes the entire agreement between the parties for the relevant Services and supersedes prior discussions or proposals concerning those Services. The Agreement may be signed electronically and in counterparts.