YEMP – Terms of Service
YEMP has developed and operates an online platform to help organize events (the « Platform »), which integrates value-added tools and allows to connect customers, professionals, wishing to organize events (the « Organizers») and providers (the « Partner ») providing Products / Services (defined in Article 2) necessary for their realization both in France and abroad, accessible in SaaS mode.
ARTICLE 1 : OBJET
These general conditions of use (the « Terms and conditions ») define the technical, organizational and financial modalities as well as the obligations of the Partners, YEMP and the Organizers, in the context of the use of the Platform and the provision of services accessible to it.
Any connection, use, or consultation of the Platform entails the acceptance by the Partner and the Organizer, without restriction or reservation, of these General Terms and Conditions.
ARTICLE 2 : DEFINITION
Terms beginning with a capital letter have either the definition given directly to them in the text or the following definition :
ARTICLE 3: ACCESS TO THE PLATFORM
The Platform is in principle accessible 24 hours a day, 7 days a week, except in cases of force majeure, by third parties and / or maintenance works and interventions necessary for the proper functioning of the Platform. In case of interruption, YEMP will do its best to notify it by means of a warning on the homepage or by any other means.
Access to the Platform requires sufficient internet access and the use of a suitable access terminal (computer or other) (any costs related to Internet access and the tariff policy of the provider of access are the responsibility of the User).
In the event of interruption or unavailability of the Platform, whatever the cause, in particular in the event of maintenance, technical problem, or other related to the congestion of the network or to the use of an inappropriate flow, YEMP can not engage its responsibility for this fact and no compensation can be requested by the User.
YEMP reserves the right to change its services, or the Platform, including the availability of new free or paid features, or by modifying and / or deleting features that are currently available from Platform. Technical assistance, commercial, after sales or any other assistance may be the subject of a specific offer tariff.
ARTICLE 4 : CREATING AN ACCOUNT
To access the Platform, a User must open an Account. Registration is only allowed to legal persons. Registration of a legal person must only be undertaken by a natural person authorized to represent it.
Once an Account has been created, the User must fill in all the mandatory fields appearing in the form after having indicated whether it was a Partner, an Organizer or a User by specifying his surname, first name and last name. , his e-mail address (used as username), and a password. The Partner must specify the name of the company he represents and the postal address of the latter. On this occasion, the User is invited to accept these Terms and Conditions.
The User agrees to provide accurate, complete, and up-to-date information. Thus, in case of modification of the information concerning him, each User agrees to update his Account without delay. Each User will be solely responsible for the consequences that may result from the information provided if they prove to be false, invalid or erroneous.
Registration on the Platform, and thus the creation of its Account, provides access to all the features of the Platform.
The username and password of the User are strictly personal and the User agrees to maintain confidentiality. The Registered User is the only one authorized to use the Platform using its identifiers. The use of the e-mail address of the User associated with his password makes presume access and use of the Platform by this User. In the event that he becomes aware of access by a third party to his account, the User agrees to inform YEMP without delay by e-mail to the address email@example.com.
Each User agrees to create and use only one account, unless specifically stipulated. Any deviation from this rule must be the subject of an explicit request from the User and an express and specific authorization from YEMP. The creation or use of new accounts, under its own identity or that of a third party, without having requested and obtained the authorization of YEMP, may result in the immediate suspension and / or closure of the User’s accounts and all associated services.
The Partner undertakes to keep the information of the Organizer, the exchanges between them, any confidential transactions, and not to disclose them and / or directly to the Organizer of Products / Services without going through the Platform. In the event of total or partial non-fulfillment of the present obligation, the Partner will be required to pay as a penalty clause the sum of 10,000 euros. This penalty has a comminatory character and is without prejudice to any damage-interest to which YEMP could claim.
ARTICLE 5 : DESCRIPTION OF THE PLATFORM
The Platform provides access to three spaces “Create a new event”, “Load an existing event” for the Organizers, and “View the dashboard” for the Partners.
By clicking on “Create a new event”, the Organizer is invited to fill in the following information: Name; the date of the event and the number of participants.
After clicking on “Create”, the User accesses the “Event Planner” which is composed of a time line or “Time Line” and four categories of events “to be dragged” into the Time Line such as:
To find the offers corresponding to the chosen category, you must drag and drop an event into a schedule in the Time Line. Thus, below, the different offers available. By clicking on the offer and then on “More details”, the Organizer will have access to additional information for the creation of his event as well as a budget indication. Once the event has been created, the Organizer can click on “save”: the event is created and remains accessible from the Organizer’s folder via “Load an existing event”.
The set of events created is grouped on this page as well as information about the state time such as: the date, the name of the event, the number of participants, and the date of the last modification.
By clicking on the “Open” box, present on each of the event summaries, the User is directed to a page giving access to the following information:
This function enables the Partner to create and modify its Products / Services, including:
Users will have access to quote requests and to:
ARTICLE 6 : ROLE AND COMMITMENT OF YEMP
The role of YEMP is that of a technical intermediary ensuring the simple connection between Organizers and Partners. YEMP does not intervene in any way in the transactions between Organizers and Partners, who decide alone, and at their own discretion, the conclusion of contracts through the Platform.
YEMP does not own or provide the Products / Services offered on the Platform by the Partner, never owns the Products / Services, does not verify them, does not store the Products / Services and is not depositary in any manner whatsoever.
In particular, YEMP can not guarantee that the Partner’s Product / Service will satisfy the Organizer or that it will conform to its description.
Similarly, YEMP can not guarantee to the Partner that the Product / Service will not be returned or that the sale or the service will not be canceled by the Organizer, all of these elements being exclusively and directly under the personal responsibility of each Partner and Organizer.
ARTICLE 7: COMMITMENTS AND RESPONSIBILITY OF THE CONTENT
Each Partner is solely responsible for any Product / Service that it sells on the Platform and for complying with these general terms and conditions of service / sale that bind it to the Organizer. He is also solely responsible for compliance with all laws and regulations applicable to these Products / Services, and will be solely responsible (in particular to an Organizer but also to YEMP or a third party) damage caused by these Products / Services or, more generally, all the consequences related to the offering and sale of its Products / Services.
The Platform has spaces on which the User may upload Content (the “contents »). By providing the Content on the Platform (whether comments, texts, images, sounds, videos, nicks, …), it is required to comply with legal and regulatory provisions.
Thus the User is solely responsible for the Content and in particular, for the Partner, information and commitments made during the provision of the Product / Service. The User agrees not to provide a Content or Content and more generally to perform any act or act, on all or part of the Platform:
Given the Community nature of the Platform, and out of respect for the sensitivities of each, it is up to the User to respect a certain ethical content and / or comments posted online.
In the event that a Content does not respect these principles, YEMP may without delay:
In addition, the User incurs personal penalties specific to the disputed content (imprisonment and fine), in addition to the possible condemnation to the payment of damages.
In case of dispute between Users because of the Content published by one of them, it is up to Users to contact directly and settle their dispute between them. YEMP is not obliged to intervene and will not intervene in the resolution of the dispute. YEMP therefore reserves the right not to respond to the complaint of a User sent to it in this case, without incurring any liability in this respect.
By communicating Content through the Platform, the User grants to YEMP, upon registration on the Platform:
In the event that a User wishes to report to YEMP the presence on the Platform of erroneous information, non-compliance or illegal content, the Partner must make this request by e-mail to the address firstname.lastname@example.org. It must also specify, obligatorily to YEMP identification data of the Partner, a precise description of the Content which seems wrong or illegal and the reasons.
On the other hand, YEMP recalls that reporting illegal content in order to obtain the withdrawal and / or to stop its dissemination, knowing this inaccurate information, is sanctioned by the Law and exposes the Partner to criminal prosecution and / or civil.
ARTICLE 8 : SUBSCRIPTION OF A SUBSCRIPTION
At the time of registration or later by accessing his Account, the User may:
Without delay following the confirmation of the subscription and the payment of the Subscription:
Duration of Subscription
The duration of the Subscription is determined at registration, and starts from the validation of the subscription by YEMP. The Subscription is then renewed for a new period equal to that initially subscribed, unless terminated by either party, subject to a notice period of 30 days.
Subscription is billed based on the rates in effect at the time of the Subscription or its renewal, and is based on the options chosen, if any.
The prices of the Subscriptions to the Platform are in euros and indicated without taxes and all taxes included (TTC).
The VAT rate applicable is the one in effect on the day of registration of the Subscription.
An invoice is issued by YEMP and sent to the User.
Payment terms of the Subscription
The price is payable when subscribing by credit card, direct debit or SEPA, and transfer.
Any payment by credit card (Visa or MasterCard) will be made through the secure system provided by the company STRIPE, payment service provider, so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
If payment is rejected by banking institutions, YEMP informs the Customer by e-mail and offers another method of payment (by transfer for example). In the event of non-payment or in case of payment incident of any kind, YEMP reserves the right to suspend or terminate any Subscription for any amount due by the Organizer.
ARTICLE 9 : YEMP COMMISSION COSTS
In payment of the connection service provided by YEMP, the Partner agrees to pay YEMP, because of the finalization by the Organizer of the order on the Platform, a commission of 10%, excluding fees, if any, below and related to method of payment chosen by the Organizer. The commission is acquired and due as soon as the Organizer has validated the order on the Platform, regardless of the method of payment used.
The commission and all other fees due to YEMP will be paid by compensation with the amounts collected by YEMP on behalf of the Partner and thus directly deducted from the amounts paid by the Organizer. In any other case, any other sum due will be paid by the Partner, by transfer, and at most ten (10) working days after the end of each month. In the absence of payment within these deadlines, a late payment interest of 10% on the unpaid sums could be requested. In addition, if the amount of the commissions remaining due by the Partner is greater than one thousand euros (1000 €), the Partner’s Account will automatically be blocked. The Partner Account will be reactivated as soon as the Partner has regularized the situation with YEMP.
A monthly invoice from YEMP will be generated and accessed by the Partner from his Account.
ARTICLE 10 : MANDATE OF COLLECTION AND MANDATE OF INVOICING
To enable the Organizers to pay their orders via the Platform, YEMP uses an ACPR-approved online payment service provider, namely: Stripe.
This online payment service is provided to YEMP to enable it to fulfill the collection mandate entrusted to it, hereby, by the Partners. Consequently, the Partner authorizes YEMP to collect from the establishment chosen by YEMP, on its behalf and for its account, the sums corresponding to the payment of orders. YEMP will receive them in the name and on behalf of the Partner concerned for their repayment to the latter.
For this purpose, the Partner entrusts YEMP with a mandate to collect the sales price including all orders placed by any Organizer for its Products / Services. This collection order is governed by the provisions of Articles 1984 et seq. Of the Civil Code, as part of a perfect representation, and constitutes in respect of the Organizers an indication of payment within the meaning of Article 1239 of the Civil Code. .
Under this mandate, YEMP may, through the service provided by its Payment Partner, collect the price paid in the name and on behalf of the Partner, with a view to its transfer to said Partner on an ad hoc account opened with bank, to isolate them from their own funds.
YEMP will not have the right and is therefore prohibited from disposing, for its own account, the funds thus collected in the name and on behalf of the Partner before the realization of the compensation of sums which are due to him under the Contract . However, in the event of a payment incident, this payment order carries the right to make refunds for the benefit of an Organizer.
Pursuant to the provisions of article 1993 of the Civil Code, and under the order of collection, YEMP will be right of what it will have received by transferring to the Partner, by bank transfer, the amount of the regulations which it will have received, in the name and on behalf of the Partner, after compensation of the sums due to him for the orders deducted from the commission due to YEMP.
The Partner expressly waives the right to benefit from the sums (interest or otherwise) possibly generated by the immobilization of the amounts collected in connection with the order and the execution of the sale or the service. The mandate is limited to the collection of sums collected in the name and on behalf of the Partner.
YEMP makes available to the Partner a functionality allowing him to know, via his Account, the status of the payments received by YEMP under the order of collection.
YEMP undertakes to set up IT functionalities enabling it to automatically generate invoices on behalf of the Partner to the Organizer when placing orders placed by the Organizer on the Platform.
To complete the applicable tax regulations, in particular the provisions of Article 289-I-2 of the General Tax Code, as well as those of the Official Bulletin of Public Finances-Taxes (BOFIP) published on October 18, 2013 to articles 360 to 500 BOI-TVA-DECLA-30-20-10, the Partner gives YEMP a billing mandate, on his behalf and on his behalf.
This invoicing mandate conferred is governed by the provisions of Articles 1984 et seq. Of the Civil Code, as part of a perfect representation. Under this mandate, YEMP may, through the Platform, generate and issue invoices addressed to the Organizers, in the name and on behalf of the Partner.
YEMP undertakes that electronic invoices issued in the name and on behalf of the Partner and created under this billing mandate will be freely accessible from the Partner’s account, in order to facilitate their accounting, fulfill their tax obligations and in particular its VAT return, in accordance with the regulations.
These invoices, whose issue is totally automated, are created and issued in electronic form to the Organizer at the e-mail address specified at the time of order. They are numbered according to the numbering provided by the Partner, or failing that, by the YEMP system./span>
The electronic invoices issued will also be kept by YEMP for a minimum period of 6 years from their issue, unless YEMP has been expressly relieved of this obligation by the Partner.
In accordance with the provisions of Articles 420 and 430 of the BOI-TVA-DECLA-30-20-10 published on October 18, 2013, invoices issued as part of the execution of the invoicing mandate will be deemed to have been tacitly accepted by the Partner.
However, the Partner may dispute the information contained in invoices issued by YEMP under the billing mandate within 14 calendar days from the issue of said invoices. In the event of a justified dispute, YEMP will issue a corrective invoice without delay.
The Partner retains full responsibility for its legal and tax invoicing obligations in respect of invoices issued in its name and on its behalf in accordance with the provisions relating to the invoicing and collection mandate, particularly with regard to the obligations VAT.
In this context, the Partner expressly undertakes to:
The present billing mandate also carries the mandate to issue assets in the name and on behalf of the Partner.
ARTICLE 11 : REQUEST QUOTE & amp; PASSING AN ORDER
Before placing an order, the Organizer may, through the Platform, request an estimate from the Partner. The estimate is a rough estimate made by YEMP for each service, and must be validated by the Partner.
Any quote request is passed directly via the Platform. The Organizer then receives a confirmation of the request by email to which the applicable special conditions will eventually be attached. Any estimate must obtain the validation of the Partner who can accept, modify or cancel it. The processing of the request by the Partner takes place within 2 working days maximum. Once processed by the Partner, the Organizer receives an e-mail inviting him to visit his account to access the event concerned. The Partner’s commercial proposal as well as the special conditions of sale are attached in PDF format to this email
In case of cancellation of a Partner, YEMP may suggest a new Partner if it is possible.
YEMP reserves the right to cancel any order from an Organizer with whom there is a dispute over the payment of a previous order.
ARTICLE 12 : RESPONSIBILITY OF YEMP
YEMP is bound only to an obligation of means.
YEMP will only be liable for direct damages exclusively attributable to a contractual fault committed by YEMP. Except for fault on his part, YEMP can not be held responsible for any damage suffered by a User as a result of the use of all or part of the Platform or the inability to use all or part of the latter.
YEMP can not be held responsible for disputes between Users or any indirect damages such as loss of profit, predictable or unpredictable, damage to the image, claimed by the User.
As YEMP is only an online platform for networking, YEMP can not be held responsible for:
In the case of a Partner, the liability of YEMP, for all causes and whatever the circumstances, may not exceed 50% of the total amount of commissions paid by this Partner during the twelve (12) months preceding the event giving rise to the damage and, in the case of an Organizer or any other User, the highest sum between six (6) months of Subscription and the sum of five hundred euros (500 €).
In its capacity as host of the Content posted by the Users, YEMP can not be held responsible for the Contents published on the Platform by a User.
ARTICLE 13 : RESPONSIBILITY OF ORGANIZERS AND PARTNERS
The Organizers are solely responsible for the choice of services to which they have subscribed, having received the necessary and sufficient information on its conditions of use, its qualities and characteristics.
It is the responsibility of the Organizer to ensure that it has the technical prerequisites to benefit from the online services of YEMP.
The Organizer or, as the case may be, the Partner, undertakes to guarantee YEMP against any complaint, action or claim that may be brought against it, arising directly or indirectly from the non-compliance of a Product with the commitments subscribed and more generally non-compliance with these Terms and Conditions by an Organizer or a Partner. This guarantee covers any amount that YEMP would be required to pay for any reason whatsoever, including attorney’s fees and court fees recognized or pronounced.
In case of non compliance with these Terms and Conditions to the Platform, YEMP reserves the right to prohibit the Organizer or, if applicable, the Partner access to online services without being entitled to any compensation as such.
ARTICLE 14 : INTELLECTUAL PROPERTY
The general structure of the Platform and all other elements that make up the Platform (such as graphics, texts, visuals, photographs, videos, animations, logos, domain name including the underlying technology used) are the exclusive property of YEMP, or have been the subject of a prior authorization of use for the benefit YEMP. However, the Content provided by each User is and remains the property of that User, subject to the license granted by the User to YEMP.
The User is not authorized to present to the public, reproduce, modify, use elements of the Platform in a derived work, distribute, sell any content of the Platform, attempt to access the source code of the Platform and perform reverse engineering.
It is strictly forbidden to use or reproduce the name “YEMP” and / or its logo, alone or associated, for any purpose whatsoever, and in particular for advertising purposes, without the prior written consent of YEMP.
In case of breach of these obligations by a User, YEMP reserves the right to stop such actions and to seek compensation.
ARTICLE 15 : PERSONAL DATA
YEMP retains and collects data provided by Users. They are subject to the consent of the User, which is especially given when communicating the email address or when registering on the Platform.
The collected data are as follows:/span>
This data enables YEMP to provide the services it offers via the Platform to registered, referenced and / or open users.
Except that the User expressly communicates by registering on the Platform, YEMP does not obtain information to identify users personally.
Under the law “Informatique et Libertés” No. 78-17 of January 6, 1978 as amended, the User has a right to object for a legitimate reason, access and rectification of personal data on about.
This right can be exercised by written request to the following email address: email@example.com
YEMP undertakes to take all necessary precautions, in view of the nature of the data and the risks existing as a result of the processing to preserve the security of the personal data concerning the Users and in particular to prevent this data from being distorted, damaged, or unauthorized third parties have access to it.
This treatment has been declared to the Commission Nationale Informatique Informatique (ICO – Information Commissionner’s Office) under number A8095328.
YEMP reserves the right to disclose all or part of the personal data collected, either to comply with a legal obligation, or pursuant to a judicial, administrative decision, or an independent administrative authority (including the National Commission for Computing and Freedoms).
ARTICLE 16 : CONFIDENTIALITY
Each Party undertakes to keep confidential all information it receives from the other Party, and in particular not to disclose the other Party’s confidential information to any third party, other than employees or agents in need of disclosure. to know them, and to use the confidential information of the other Party only for the purpose of exercising its rights and fulfilling its obligations under the Contract.
The Parties further undertake to enforce these provisions by their staff, and by any agent or third party who may be involved in any capacity whatsoever in the context of the Contract.
ARTICLE 17 : DURATION AND TERMINATION
These Terms and Conditions are concluded for an indefinite period and are terminable at any time by giving notice of (1) one month by the User or by YEMP, without special reason, by e-mail or through the Platform.
Any Subscription is concluded for an indefinite period and is terminable at any time by giving notice of (1) one month by the User or by YEMP, without any particular reason, by e-mail or through the Platform.
ARTICLE 18 : APPLICABLE LAW – LANGUAGE
By express agreement between the parties, these general conditions are governed and subject to French law.
They are written in French. If they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 19 : DISPUTES
These General Conditions and their appendices are subject to French law.
Before any contentious action, the Parties shall endeavor to find an amicable agreement to their disputes relating to the validity, interpretation, execution or non-performance, interruption, termination or denunciation of the Participants within a reasonable time. thirty (30) days from the notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt.
In the absence of amicable agreement materialized by the signing of a memorandum of understanding within this period, any dispute between the parties will be brought before the Commercial Court of Paris.