GENERAL CONDITIONS OF USE AND SALE
These terms and conditions (hereinafter the "General Conditions" or "T&C" or “Terms and Conditions”) are intended to define the terms and conditions of use of the services (hereinafter: the "Services") offered on the internet website www.studiospresso.com (hereinafter the "Website"), as well as to define the rights and obligations of the parties in this context.
They are accessible and can be printed at any time by a link from the homepage of the Website.
Use of the Website is subject to acceptance of these Terms and Conditions.
2. Services Operator
The Services are operated by Private Deals, limited liability company with a share capital of 100 (one hundred) euros, registered at the Company Registry of Paris (France) under number 810 988 436 00012, whose registered office is located at 10 rue de Penthièvre, 75008 Paris, FRANCE (hereinafter after: "StudioSpresso").
StudioSpresso can be contacted at the following addresses:
Mailing Address: Private Deals 10 rue de Penthièvre, 75008 Paris, FRANCE
Email address: firstname.lastname@example.org
Director of publication: Thibault de la Baronnière
Services are hosted by Sharetribe Ltd. whose website is www.sharetribe.com and whose contact point is:
Kirjurinkuja 3 F 46 02600 Espoo
antti.virolainen (at) sharetribe.com
3. Description of the Services
The User has access to the Services described on the Website, in a form and according to the functionalities and technical means that StudioSpresso deems most appropriate.
StudioSpresso publishes a website, the Website, connecting two users with both an account on the Website (hereinafter the "User(s)").
On the one hand, a User (hereinafter the "Owner") wishes to lease one or more film studios and / or equipment and / or staff related to the filming activities.
On the other hand, a User (hereinafter the "Tenant") wishes to rent one or more film studios and / or equipment and / or staff related to the filming activities.
4. Access to the Website and Services
The Services are accessible, subject to the restrictions provided on the Website:
- to any individual having the full legal capacity to commit under these General Conditions. Someone who does not have full legal capacity may only access the Website and the Services with the consent of his legal representative;
- to any legal entity acting through an individual having the legal capacity to contract on behalf of and for the account of the legal entity.
5. Acceptance of the General Conditions
Acceptance of these General Conditions is indicated by a check box in the registration form. This acceptance can only be full and complete. Any acceptance subject to reservations is considered null and void. Users who do not agree to be bound by these Terms and Conditions must not use the Services or the Website.
A User cannot have multiple accounts.
6. Registration on the Website
6.1 The use of the paying Services requires the User to register on the Website, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated.
StudioSpresso reserves the right, at its discretion and according to the terms and conditions of which it will be the sole judge, to ban a User who does not respect these Terms, including for example an Owner who repeatedly refuses to fill in his bank details to trigger the reservation of his services.
The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which allows to manage its use of the Services in a form and according to the technical means that StudioSpresso deems the most appropriate to provide said Services.
The User warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.
He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.
6.2 The User may access his Personal Area at any time after identifying himself with his login and password.
The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality of his username and password.
He must immediately contact StudioSpresso at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It acknowledges that StudioSpresso has the right to take any appropriate action in such case.
7. Cost of Services
7.1 Free services
Access to the Website, registration and consultation of rental offers are provided free of charge as well as contacting an Owner(s).
The reservation of the various Services offered on the platform are paying.
7.2 Paid services
The price of the Services is indicated on the Website. This is the total price to be paid by the Tenant.
Paid Services include, for the Owners, the ability to broadcast rental ads for places, materials and ancillary services such post production and, for Renters, the cost of booking a good or service offered to the rent on StudioSpresso.
Termination can take place at any time without notice. In this case, the services provided by the subscription will terminate at the end of the paid subscription period.
A commission is due when a booking of studio, equipment(s) or staff is validated between an Owner and a Tenant directly on the StudioSpresso platform.
It includes StudioSpresso's 5% (five percent) commission, payable by the Tenant, and all fees and costs associated with the performance of StudioSpresso as defined in these General Conditions. The minimum commission for StudioSpresso is 10 (ten) euros.
Unless otherwise stated, prices are expressed in euros and all French taxes included.
When a reservation is made by a Tenant to a Owner after a tailor-made quote and after the Tenant has contacted the Owner for the first time via StudioSpresso, the Owner is liable for a business contribution fee to StudioSpresso of 15% (fifteen percent) net of the total amount, excluding tax, charged to the Tenant. Failure to pay such an invoice by the Owner exposes it to the exclusion of StudioSpresso.
StudioSpresso reserves the right, at its discretion and according to the Terms and Conditions of which it will be the sole judge, to propose promotional offers or price reductions without this affecting the possible remuneration of the Owners.
The booking is made by the acceptance by an Owner of the booking request made by a Tenant.
Acceptance of the offer results in the conclusion of a temporary availability contract. The Owner retains the right to confirm the bookings made to him.
7.2.2 Rental price
The price, excluding commission, of each rental is set freely by each Owner. The price can be expressed as a flat rate per hour, half day or day; the Owner may decide to put a minimum number of hours to allow a booking.
The Owner can also indicate the slots of unavailability of the studio/equipment/staff he proposes.
The price of renting a studio, equipment or staff on the Website must never exceed the public price displayed by the Owner on his own website.
7.2.3 Terms of payment
Payment will be made through Stripe payment platform operated directly or indirectly by Stripe Inc. - 185 Berry Street, Suite 550 - San Francisco, CA 94107 - United States of America.
Payment is made at the time of booking.
The price excluding commission is paid in full to the Owner at the beginning of the month following that of the booking providing that no litigation related to said sums is being investigated.
Members are prohibited from defrauding the commission charged by StudioSpresso.
StudioSpresso does not maintain any bank details.
The User guarantees to StudioSpresso that he has the necessary authorizations to use the chosen method of payment. He undertakes to take the necessary measures so that the payment of the price of the Services can be made.
7.2.4 Late payment
In the event of late or partial payment by the Tenant, the Tenant will be liable to StudioSpresso for a late payment penalty equal to three times the rate of the legal interest determined by the European Central Bank (Article L441- 6 French Commercial Code).
The legal interest rate used is the one in force on the day of the performance of the service. This penalty is calculated on the amount inclusive of taxes of the remaining amount due, and runs from the due date of the invoice without any prior notice being required.
A fixed compensation of forty (40) euros for recovery costs will also be due in case of delay.
Failure to comply with the said payment deadline could incur the Tenant an administrative fine of up to two million euros.
7.2.5 Cancellation clause
StudioSpresso reserves the right to cancel any rental in the event of payment not made within the allotted time. The Tenant is informed and agrees that any late payment of all or part of an amount due on its due date will automatically entail without prejudice to the provisions of the other articles of these General Conditions and without prior notice:
· forfeiture of the term of all sums due by the User and their immediate payment;
· the immediate suspension of the Services in progress until full payment of all the sums due by the User;
· Billing for the benefit of StudioSpresso of a late payment penalty equal to three times the rate of legal interest, sitting on the amount of all the sums due by the User.
Tenants will in no way be able to benefit from the performance of the service without full payment having been made.
7.2.6 Cancellation conditions
The Owner will have to pay the amount of the commission in case of cancellation of his part of an accepted booking.
The cancellation conditions for the Tenant may differ depending on the Owner. These are mentioned on the card of each rental. If this is not the case, contact the relevant Owner.
Without specific information on the conditions of cancellation for the Tenant on the form of said rental, the Tenant must consider that the booking is not cancellable.
7.2.7 Review of the commission
The amount of the commission can be reviewed by StudioSpresso at any time, at its discretion.
The User will be informed of these modifications by StudioSpresso by email or by diffusion on the Website.
The User who does not accept the new commission must immediately terminate his use of the Services. Otherwise, it will be deemed to have accepted the new rates.
The Services are the subject of invoices which are communicated to the User by any useful means.
The User acknowledges and expressly agrees:
(i) that the data collected on the Website and on the computer equipment of StudioSpresso is evidence of the reality of the operations carried out in the context of the present;
(ii) that such data constitutes the only admissible mode of proof between the parties, in particular for the calculation of the sums due to StudioSpresso.
The User can access this data in his Personal Space.
9. Obligations of the User
Without prejudice to the other obligations provided in these General Conditions, the User undertakes to respect the following obligations:
9.1 The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. The responsibility of StudioSpresso cannot be engaged in this respect.
9.2 The User acknowledges having read on the Website the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.
9.3 The User is informed and agrees that the implementation of the Services requires him to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
9.4 The User is also solely responsible for the relations that he may establish with other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy.
StudioSpresso, Tenants and Owners are independent parties. Each party acts in his name and on his own behalf. These General Conditions do not create any relationship of subordination, agency, mandate, joint venture, ... between StudioSpresso on the one hand and Users on the other hand.
9.5 The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.
9.6 The User agrees to provide StudioSpresso with all information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with StudioSpresso for the proper execution of these.
9.7 The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including the name and / or the image (s) possibly chosen by the User to identify it on the Website) which it distributes within the framework of the Services (hereinafter referred to as the "Content").
It guarantees to StudioSpresso that it has all the rights and authorizations necessary for the diffusion of these Contents.
It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of StudioSpresso.
The User is forbidden to broadcast, in particular and without this list being exhaustive:
- pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- Counterfeit contents,
- Attempting content in the image of a third party,
- False, misleading or proposing or promoting illegal, fraudulent or deceptive content,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.
StudioSpresso will make its best efforts to remove from the Website, without delay, the disputed contents that have been reported to it.
9.8 The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution cannot be a substitute for these other means.
9.9 The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.
9.10 The User is informed and accepts that the implementation of the Services requires him to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
10. User Warranty
User warrants StudioSpresso against any complaints, claims, actions and / or claims that StudioSpresso may suffer as a result of User's breach of any of its obligations or warranties under these Terms and Conditions.
He agrees to compensate StudioSpresso for any loss it may suffer and to pay him all costs, charges and / or convictions that he may have to bear as a result.
11. Prohibited behavior
11.1 It is strictly forbidden to use the Services for the following purposes:
- the exercise of illegal activities, fraudulent or infringing the rights or security of third parties,
- the breach of public order or the violation of laws and regulations in force,
- the intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
- the sending of unsolicited emails and / or prospecting or commercial solicitation,
- manipulations intended to improve the referencing of a third site,
- the aid or the encouragement, in any form and in any way, to one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
11.2 Users are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of the StudioSpresso Website for their own purposes or those of third parties.
11.3 Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempts of intrusions in the systems of StudioSpresso, (iii) any diversions of the system resources of the Website, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the rights and interests financial, commercial or moral of StudioSpresso or users of its Website, and finally more generally (vii) any breach of these Terms and Conditions.
11.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Website, as well as the information that is hosted and / or shared.
12. Penalties for breaches
In case of breach of any of the provisions of these General Conditions or more generally, violation of the laws and regulations in force by a User, StudioSpresso reserves the right to take any appropriate measure including:
(i) suspend or terminate access to, or participation in, the Services of the User, the perpetrator of the breach or offense,
(ii) delete any content posted on the Website,
(iii) publish on the Website any information message that StudioSpresso deems useful,
(iv) notify any relevant authority,
(v) initiate any legal action.
The temporary suspension or definitive closure of a User account prevents any use of the Services. These cannot give rise to any compensation whatever the possible damage caused by the closure of said account.
13. Responsibility and warranty of StudioSpresso
13.1 StudioSpresso undertakes to provide the Services diligently and according to the rules of art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and accept specifically.
13.2 StudioSpresso is not party to the rental agreement(s) that intervene exclusively between the Owner and the Tenant.
Without prejudice to any other provision herein, the User agrees that the amount he is entitled to recover for any loss arising from an action against StudioSpresso is limited to the price actually paid to StudioSpresso. When no price has been paid to StudioSpresso, the limit of liability is set at 100 euros.
Consequently, StudioSpresso cannot be held responsible for the Content, whose authors are third parties, any possible claim is to be directed in the first place to the author of the Content in question.
Content harmful to a third party may be notified to StudioSpresso in accordance with the terms and conditions set forth in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, StudioSpresso reserves the right to take all of some of the measures described in Article 12.
13.3 StudioSpresso assumes no liability for any loss of information available in the User's Personal Area, which must save a copy and cannot claim any compensation in this respect.
13.4 StudioSpresso undertakes to conduct regular checks to verify the functioning and accessibility of the Website. As such, StudioSpresso reserves the right to temporarily interrupt access to the Website for maintenance reasons. In the same way, StudioSpresso cannot be held responsible for the temporary difficulties or impossibilities of access to the Website which would be due to external circumstances, force majeure, or which would be due to disturbances of the telecommunication networks.
13.5 StudioSpresso does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User based on his own personal constraints, will specifically meet his needs and expectations.
13.6 In any case, the liability to be incurred by StudioSpresso under these General Conditions is expressly limited to proven direct damages suffered by the User.
13.7 Information provided to visitors of the StudioSpresso Website may contain technical or factual inaccuracies or even typographical errors. StudioSpresso assumes no responsibility for such errors or inaccuracies and reserves the right to make changes and corrections at any time without notice.
13.8 StudioSpresso never guarantees the creditworthiness of Owners or Tenants. StudioSpresso also does not verify the identity of Owners or Tenants or the identification of spaces. It is up to each party to verify the information provided by the other party as soon as it wishes and in particular if it deems it necessary.
14. Intellectual property
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, database, etc ...) operated by StudioSpresso within the Website are protected by all rights of intellectual property or rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of StudioSpresso are strictly prohibited and may be subject to prosecution.
15. Personal data
StudioSpresso reserves the right to insert on any page of the Website and in any communication to Users any advertising or promotional messages in a form and under conditions of which StudioSpresso will be the sole judge.
17. Links and third-party sites
StudioSpresso cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User accesses via the Website.
StudioSpresso is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User would be directed through the Website and cannot under any circumstances be party to any potential disputes with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are held.
18. Duration of Services, unsubscription
Services are underwritten for an indefinite period.
The User may unsubscribe from the Services at any time by sending a request to this effect to StudioSpresso by email, using the contact details mentioned in article 2.
The unsubscription is effective immediately. It automatically deletes the User Account.
StudioSpresso reserves the right to modify these Terms and Conditions at any time.
The User will be informed of these modifications by any useful means.
The User who does not accept the modified General Conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.
Any User who uses the Services after the entry into force of the amended General Conditions is deemed to have accepted these changes.
In the event of a translation of these Terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
21. Applicable law and jurisdiction
These General Conditions are governed by French law.
In the event of any dispute as to the validity, interpretation and / or execution of these General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on them, except in the case of contrary mandatory rules of procedure.
22. Entry into force
These Terms and Conditions came into effect on October 1, 2018.