Terms and conditions of AirnStudio - version of 2018-01-28

SUMMARY :

1. Preamble

2. Definitions

3. Object and Acceptance of the General Terms and Conditions

4. Signing up on the Site

5. Booking a Session in a Studio

6. Secure payment system

7. Cancellation and refund

8. Renting a Studio out through the Site

9. Obligations of the Company

10. User Obligations

11. Data Protection

12. Force majeure

13. Partial non compliance

14. Intellectual property

15. Applicable law

1. Preamble

These Terms and Conditions are established between (a) the French individual company Notorious by Floriane Loux (the "Company"), registered with the Companies Register of Creteil under the number 809 659 642, with headquarters located at 27ter Avenue Paul Doumer, 94110 Arcueil, owner of the web platform AirnStudio on airnstudio.com (the "Site"), and (b) any user who visits the Site or uses its services (the "Member" if an account is created, the "User" if not). The User and the Member can contact the company anytime by email at contact@airnstudio.com.

This Site Legal Terms can be read anytime on the page Legal Terms.

AirnStudio is an Internet platform that enables Artists and studios to get in touch with each other and to facilitate the booking of sessions in music studios. By music studios ("Studios"), we mean recording studios and/or rehearsal studios, whether they are held by professionals, or non professionals (called "home studios" then).

The Site provides a venue for Users to interact with each other, and the Site is not, and does not become, party to any contractual relationship between the Studio and the Artist. This is true even if the Site facilitates booking a Studio or the use of other tools, services or products, as the Site is not a party to any rental or other agreement between Studios and Artists.

Studios and Artists agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site.

Studios further agree they are responsible for and agree to abide by all laws, rules and regulations applicable to the Listing of their Studio and the conduct of their business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data security, data and privacy, permits, planning or license requirements, local authority requirements, health and safety compliance and compliance with all anti-discrimination and lease or other property restrictions as applicable.

As AirnStudio is not the funds final recipient, we will not deliver bills.

2. Definitions

In these Terms and Conditions:

« Account » defines the account that has to be created in order to become a Site Member and be allowed to use all the Site services. The account gathers all the information about the Member, Artist or Studio, its bookings and payments. For the Studio, it also defines the secure Stripe bank account that receives the payments before they reach the Studio’s external bank account.

« Artist » defines the physical person who looks for a Studio on the Site and may book and pay for a Session.

« Booking » defines the payment of one or several Session(s) in a Studio on the Site.

« Booking Request » defines the request from an Artist to a Studio to book it at the days and times selected.

« Client » defines any Member who visits the Site, then proceeds a Booking on the Site. The User's and Member's rights and obligations apply to the User.

« Company » defines the company Notorious par Floriane Loux, that owns and publishes the website airnstudio.com, called the Site.

« Listing » defines the page created by the Studio on the Site in order to introduce its Studio to the Artists and to rent it out to Artists.

« Member » defines the physical person who created an account on the Site as an Artist or a studio, who agrees with these Terms and conditions. The User's rights and obligations apply to the User.

« Party » defines the Studio or the Artist. The Site plays the role of intermediary between the Studio and the Artist and cannot be held as liable for their actions.

« Service » defines the Site's value proposal for Users and Members, like the ability for the Users to search, find and discover Studios near them, and also to contact and book a Studio for the Users who became Members.

« Service fees » define the fees owed by the Studio to the Site in order for the Site to maintain the Site's services quality and security.

« Session » defines the studio session booked and paid by an Artist in a specific Studio on the day(s) and hour(s) the Artist selected, including the Services described by the Studio on its Site listing.

« Site » defines the platform AirnStudio » that is reachable through the address airnstudio.com and all its derived urls.

« Studio » defines a professional or non professional ("home studio") recording and/or rehearsal studio or room in a studio that can be rented out on the Site, or the physical person who owns a studio. The Studio is liable for his studio listing content, pricing and services offered that are displayed on the Site.

« Terms and Conditions » defines these Terms of use and sale.

« Transfer Fees » defines the fees deducted from the amount the Studio receives, for any automatic transfer made to the studio's external bank account.

« User » defines an Internet user who visits the Site and may become a Member.

3. Object and Acceptance of the General Terms and Conditions

These Terms and Conditions define the rights and obligations between the different Parties when using the Site and the different steps to book a Studio Session through the Site. They also fix the process followed by the Site to offer the Services to the Client.

The Users declare that they have obtained from the Site all the necessary information concerning the offered services and that they agree to the present General Terms and Conditions without any reservations.

Users declare that:

- they are aware of the conditions under which the Site operates;

- they have the technical skills necessary in order to access and use the site in the usual manner and in compliance with the present Terms and Conditions.

- he/she is a physical person, who is major on the day of the Booking/Publishing.

The use of the service by the users assumes that they have agreed to the present Terms and Conditions. The Account creation, the Listing publishing and the Booking are effective once these Terms and Conditions are accepted by the User.

These Terms and Conditions are in compliance with law n° 2014-344 from March 17, 2014 and n°2015-990 from August 6, 2015 - art. 134 about consumption.

When these Terms and Conditions are modified, any Member who logs in to his/her Account will have to read them and accept them before going further on the Site. If the Member refuses, he can only use the Site without being logged in to his/her Account until he/she agrees with the new Terms and Conditions.

The following are the contractual documents, in decreasing order of importance:

-information given in the section "Help" that can be reached through the bottom of any page of the Site.

-the present Terms and Conditions.

In the event of contradiction between documents of different kinds or different priorities, the parties expressly agree that the provisions contained in the higher-priority document shall prevail in the event of disagreement over their interpretation. In the event of contradiction between the terms of documents of the same level of priority, the most recent documents shall prevail over the older documents. Notwithstanding the rules of contract interpretation, the following principles of priority shall be applied:

-obligation by obligation;or, if not, paragraph by paragraph; or, if not, article by article.

4. Signing up on the Site

4.1. To create an Account on the Site and log in

To become a Member and have access to specific features on the Site, like the publishing of a Listing or the Booking of Studio Sessions, the User - Artist or Studio - has to create an Account on the Site by clicking on the link "Sign up" on the top of the pages. The creation of an Account is free and requires the User to give the following information: lastname, firstname, date of birth, email address, password, password confirmation, country, address, preferred language, type of Account (Artist or Studio). If registered as a Studio, the User will have to give his/her preferred currency and his/her company's status.

Once the Member creates an Account, he/she reaches a private page called Dashboard from where he/she can manage and update his/her Account, Listings if he/she is a Studio, Sessions and profile.

To log in to his/her Account, the User should click on the button "Log in" on the top of the pages and give the email address and password used to create his/her Account to log in to it. will then reach his/her dashboard, account and profile.

The User is liable for any fees related to his/her usage of the Internet.

4.2. To make the Member's email address and phone number verified

For security and Members authentication reasons, the Site requires that every Member makes his/her email address and phone number verified in order to be allowed to book a session.

To have his/her email address verified, the Member has to check his/her mailbox and click on the verification sent by AirnStudio. This verification is made by the Site.

To have his/her phone number verified, the Member has to give his/her phone number on the Member's Dashboard or the section "Account settings" once the Member logs in to his/her Account. He/she will receive a text/SMS or a call that gives him/her the code that has to be entered on this same section of the Site in order to have a 'verified' profile. The phone number given here is the one the Artist receives with any Booking confirmation in this Studio.

The Site pays for the fees associated with the texts/calls sent to the Member's phone but not for any additional fees that might occur when receiving the text/call in specific circumstances, which remains the Member's responsibility.

5. Booking a Session in a Studio

5.1. To visit the Site

Every User can visit the Site in French or in English by choosing the appropriate language in the bottom of any page.

The currency given on any Listing is the one chosen by the Studio.

The Browsing can be made through the different homepage blocks, the menus located on the top of the pages and the search bar to find studios in specific cities.

5.2. To know the Services availabilities

The Site displays the Studios that can be rented out by Artists through a specific page per Studio ("Listing") that is created and is managed by the Studio. The Studio is liable for the information given to the Users about the Studio, whether it regards the address, the pictures, the equipment or the availabilities.

To check the availability of a Studio, the User has to go on the Listing, to select the day and hours in on the Studio calendar. If the Studio is closed or unavailable at a specific time or day, that time is unavailable and not cliquable in the calendar so that the Users cannot book a session at that time.

Once the User selects one or several available days or times, a summary of the Session selected and a button "Book" are displayed on the Listing in order to enable the User to book the Session as detailed in the paragraph 5.4.

If a Studio's Listing is not finalized, the User cannot see it and an envelope picture replaces the price in the search results pages, meaning the User can send a message to the Studio to know more about the Studio's price and availabilities. The studio will be allowed to answer the message once his/her Listing has been published. To send a message, the User has to create an Account as an Artist. The User has then to agree with these Terms and Conditions and give the following information to create an Account and send the message: lastname, firstname, email, password, password confirmation, message. If the User has already an Account, he/she will only have to log in to it in order to send the message.

If a Studio is located in a country where the Site has not opened the Bookings yet, the Site's logo will replace the price in the search results and on the map.

5.3. To know the price

A Session price per hour is fixed by the Studio in the currency available on the Site chosen by the Studio. The Session price is the final price to be paid by the Artist or Member.

The Studio has the right to modify the Session price anytime, which is agreed by the User, but the Session will be billed based on the price at the time of the Booking Request, if the Session is available. Any other option or additional fee, if they exist, will be billed in addition to the Session price and will be mentioned before payment.

The amount due to the Studio is the amount paid by the Client, minus the Service Fees and Transfer Fees owed by the Studio to the Site as detailed in paragraph 8.2.

5.4. To make a Booking Request

If the User wants to book a session in a Studio, he/she has to select a session as explained in article 5.2. and click on the button "Book" on the Studio Listing.

The User can see, modify and validate anytime the Sessions he/she selected and the subtotal by clicking on the Cart icon on top of the Site pages.

The User reaches the page "Booking Request" that displays the list of the selected sessions, the number of hours, the price per hour and the total amount of the selected Sessions. The USer can add several Sessions in a same Studio. If the User wants to modify a Session before going further, he/she delete the Session and go back to the Studio Listing to select a new Session.

Once the User verified the selected Sessions and the amount, the User can proceed to his/her Booking Request by clicking on the button "Book" on this page.

The User will have to log in to his/her Account if he/she is already a Member, or create an Account if he/she's not, by filling in the form as explained in paragraph 4. The User is informed and aware that any use of his/her username shows his/her identity and agreement.

Once the Member is logged in, he/she reaches the page "Booking request - ongoing" where he is asked to fill in the following fields to send his/her Booking request to the Studio: billing address (the one linked to the credit or debit card used), his/her credit or debit card information (number, expiration date, security code), message to the studio that explains his/her project. A summary of his/her Booking Request is displayed on this page. The Member is required to agree with these Terms and conditions before he/she clicks on the button "Book" to finalize his/her Booking Request and make it sent to the Studio.

The Member's credit or debit card will only be charged once he/she confirms the payment, once the Studio accepts his/her Booking Request as explained in article 5.5.

The Member then reaches the page that confirms that the Booking Request was sent to the Studio and what the next steps are.

The Studio receives the Booking Request from the Member (Artist) and has to answer it by accepting, modifying or declining it within 48 hours after it was sent. Otherwise, it will be automatically canceled.

5.5. To accept the Booking request and confirm the payment

Once the Booking Request was sent by the Artist and received by the studio, the following cases can occur:

- If the Studio accepts the Booking Request, the Artist is invited to confirm the payment within 48 hours after the Studio accepts the Booking Request. If not, the Booking Request will be canceled. Only once the Artist confirms the payment, the Booking is validated and effective.

- If the Studio declines the Booking Request or does not answer to it within 48 hours after it was sent, the Booking Request is not validated and the Artist's credit or debit card won't be charged.

-If the Studio suggests new times, the Artist is invited to confirm the payment if the times are good for him/her or to decline if they are not. If the Artist does not answer to this new suggestion within 48 hours after it was sent, the Booking Request won't be validated and the Artist's credit or debit card won't be charged.

In any case, each case coming from the Studio or the Member who sent the Booking Request triggers an email that gives the instructions and the next steps to be followed to finalize the Booking.

The Site offers a very simple system to accept, decline or modify the times of the Booking Request through buttons and explanations on the Site and email notifications. The Studio and the Member should use this implemented process to finalize the Booking.

The Studio and the Artist can communicate through an integrated messaging system on the Site in order to prepare the Session or agree on new Session times. However, in order to make the times modifications effective, the Studio has to add the new Session times in the Booking Request through the specific button made for this change in the Request.

Any Session modification or new Booking agreed by the Studio and the Artist should be done and paid through the Site. By accepting these Terms and Conditions, the Studios, the Members and the Clients agree to not circumvent the Site's intermediary, payment and messaging system.

It is forbidden to use the Site's integrated messaging system to send spams or unsollicited commercial communications or to give the USers' informations to a third party without the Users' authorization.

When using the feature "Share" on the Site to send recommendations to another person, the User should have the consent of this other person. The Studio agrees to protect the Users' personal data, in accordance to the applicable laws and rules and to take the responsibility in case of lose of data of non authorized transfer of this data.

The Studio's pictures are not contractual.

5.6. To confirm the Session ended well

Once the Session ends, the Client receives an email that invites him/her to confirm that the Session ended well, to rate the Studio and give a comment. This rate and comment will be displayed on the Site in order to give more information about that Studio's quality of services to Artists that are potentially interested by the Studio.

Once the end of the Session is confirmed by the Client, or by default 72 hours after the end of the Session, the payment towards the Studio's Account will start as explained in article 6.

6. Secure payment system

6.1. For the Artists

When the Member sends a Booking Request to a studio, he/she agrees with these Terms and Conditions, which includes Terms and Conditions of Stripe, the highly secure payment platform used by the Site to manage the payments. This guarantees that the payments data and the funds pass by this secure system and are not saved onto the Site. The 3D Secure system has been activated on the Site.

The Member authorizes the site to make his/her credit or debit card information saved by Stripe in order to give all the necessary information for a Booking at once and then be able to pay the Session very quickly.

The Member then authorizes the Site to debit the total amount of the Session once the Member confirms the payment, after the Studio accepts the Booking Request.

The Member can pay on the Site by credit or debit card (Mastercard, Visa) in the currency selected by the studio and displayed on the Listing. The Member may pay additional fees to his/her bank if the currency of his/her bank account is not the same as the Studio's one. The Member is liable for checking this information before making the Booking and for paying his/her bank fees if there are. The payment methods and currencies accepted on the Site are linked to those supported by Stripe. If a User's payment method and currency are not accepted on the Site in the Booking Request process, the User is required to use another payment method and currency or to contact the Site through the contact form for more information.

6.2. For the Studios

By agreeing with these Terms and Conditions, the Studio agrees with the Terms and Conditions of Stripe, the highly secure payment platform used by the Site to manage the payments, that can be read here, along with the Stripe Connected Account Agreement (Stripe Connect), that enables the studio to receive the payments from the clients who book Sessions on the site.

The Studio agrees to provide Stripe with all the necessary information to comply with the "KYC" process ("Know Your Customer"), through the section "Account settings" in the Studio's account on the site. This KYC process consists of the Studio's data verification by Stripe and is done to prevent identity theft, money laundering, tax fraud and terrorism funding. The required information and documents are: contact details of the Studio's representative and owner(s) and a copy of their ID, country, currency, contact details of the company, VAT number or tax number (for companies that have this number). These informations are directly transferred to Stripe in order to allow the use of the site and Stripe services by the Studio.

Once the studio is validated by stripe, Stripe considers that the Studio is ready to receive payments through the Site, that pass by Stripe Connect, before they are transferred to the Studio's external bank account as detailed in article 8.4. The studio won't be allowed to change the country in which the Studio is located and the currency in which he/she wants to be paid. Using Stripe Connect enables the Site to respect the law by guaranteeing the Site is not in possession of the funds and by making the funds pass by a payment system that owns an electronic money license.

The Site displays on the Studio's Account all the information that regard the past and ongoing transactions, the amounts paid and those that will soon be transferred to the studio's external bank account.

By publishing a Listing, the Studio agrees to provide the Site and Stripe, within six (6) weeks after the Listing was published, with all the mandatory information required to have his/her Account validated by Stripe. Above this delay, the Site can make the Studio's Listing private without further notice.

If the Studio receives payments while stripe had not yet validated his/her Account, the payments may be automatically refunded and the Bookings canceled. The Site suggests the studio to give all the necessary information for Stripe as fast as he/she can in his/her Account.

The studio has also to give the details of his/her external bank account where the transfers from his Account should be made to. Otherwise, the transfers cannot be made. The Transfer Fees are detailed in article 8.2.

The Studios will receive several notifications from the Site by email in order to give all this data and receive easily the Clients' payments.

6.3. Security on the Site

All the data shared by the User to process the payment and use the Site are encrypted through the S.S.L. (Secure Socket Layer) protocol. This data cannot be detected, caught and used by a tierce. The Site respects the PCI DSS (Security Standards council) standard. These certifications guarantee that the operational and technical solutions used by the Site respect the most demanding criteria in terms of data security and banking data protection.

The Member's banking data do not transfer through the site internal system.

Once the payment is valid, the order is registered. The Member then becomes Client.

The Booking information will be securely saved on the Site as a proof of the agreement between the Parties.

6.4. Booking Confirmation

Once the Client validates the payment, an order summary will be sent to the email address registered in his/her account, giving the details about the Session(s) booked, the payment details, the Studio address, the cancellation policy and complaint information.

7. Booking cancelation and refund

7.1. Cancelation by the Client before the beginning of the Session

The Client has fourteen (14) days to cancel his/her Booking, from the day the Booking was confirmed (Article L221-3 from the Consumption Code created in the Order n°2016-301 on March 14, 2016).

However, if the Session booked by the Client will happen before the delay of fourteen (14) days ends, the Client agrees that the Session booked happens before this day and gives up his/her right to cancel the Booking (Article L121-21-8 of Consumption Code).

In order to use this right of cancelation, the Client has to send the form below to the Site by email at contact@airnstudio.com within the delay mentioned above: :

Attention to AirnStudio,

Located at: 27ter avenue Paul Doumer, 94110 Arcueil, France

E-mail : contact@airnstudio.com :

I notify you that I want to cancel the Booking detailed below:

Paid on:

Client's name:

Client's address:

Client's signature (only for paper request):

Date :

If the Client's cancelation request does not respect the delay of fourteen (14) days mentioned above, the client can still cancel the Booking under the conditions below:

- if the Client cancels more than 48 hours before the Session begins, the Client will be fully refunded of the Amount paid.

- if the Client cancels between 48 hours and 24 hours before the Session begins, the Client will be refunded of the half of the Amount paid.

- if the Client cancels less than hours before the Session begins, the Client will not be refunded at all, the Booking is due by the Client.

In case the Client uses his/her right to cancel, the Client will be refunded of the Amount stated above within fourteen (14) days after the Site receives the notice, under the condition that the Client is eligible to a refund. The refund will be made through the same payment method as used to pay, in the exception of other agreement between the site and the Client. The amount refunded cannot be higher than the amount paid.

7.2. Cancellation and refund inquiry for non-compliance with the Booking

When the Artist gets to the Studio, he/she should check that it is compliant with what he/she ordered through the Site. If not and if the Artist wants to cancel the Session to be refunded, the Artist should immediately let the Studio know about it. If no agreement can be found between the Studio and the Artist and if the Artists wants to cancel the Session, the Artist should contact the Site before the beginning of his/her session through the contact form by telling the Site about his/her cancellation inquiry and describing the non compliant items. Pictures or videos will be then required so we suggest the Artist to take pictures or videos of the non compliant items in the Studio if agreed with the Studio.

If the Studio is more than 45 minutes late, the client can cancel his/her Booking. In that case, the Client should notify it right away to the Studio and also to the site through the contact form. The Client will be fully refunded of the amount paid, but the Studio will owe the Service fees of the initial Booking to the Site. If the client accepts to have his/her Session although the studio is late, the Client will not be refunded and no complaint will be taken into account.

If the artist is late, he/she is required to notify the Studio as soon as possible by calling the Studio through the phone number sent by the Site with the Booking confirmation email. If the Artist is more than 20 minutes late, the Studio has the right to accept or decline the Session. The Session is due by the Client and no refund can be made. This case should be handled as an amicable agreement between the Studio and the Client.

Any complaint from a client about the Studio and its services should be made in a maximum of two (2) hours after the Sessions begins or initial Session beginning time. No complaint will be taken into account after this delay, or if the Artist complaints at the end of the Session or after the Session, or if the Artist does not tell his/her complaints to the Studio at the beginning of the Session or during the Session.

The Site recommends that this should be handled as an amicable agreement between the Studio and the Client.

Cancellations and refunds are handled by the Site on a case-by-case basis, according to the information given by the Client and the Studio.

In case of a refund, the amount refunded cannot be higher than the amount paid by the Client.

7.3. Exchanges

The exchanges are not possible on the Site. The Client can contact the Studio to cancel the Booking as detailed in article 7.1. and make another Booking on the Site.

7.4. Studio's unavailabilities

If a Session is unavailable The Studio has to notify the Client as soon as possible and cancel the order right away for a full refund to the Client.

If the Studio omitted to add the unavailable times to the Studio calendar while a Booking was made by an Artist at that time or if the Studio is suddenly unavailable at that time, the Studio is liable for this cancellation. The Studio will then have to contact quickly the Client through the Site's integrated messaging system in order to notify the Client about the Studio's unavailability and the Booking full refund. The Service Fees remain owed by the Studio to the Site and will be taken from his Account.

En cas d’indisponibilité ou de fermeture du Studio à un moment précis, le Studio doit le configurer sur le Site en amont via le calendrier du Studio afin que l’Utilisateur ne puisse pas réserver de Session à ce moment. La Réservation ne peut pas se faire pendant les jours et horaires indisponibles dans le calendrier du Studio.

8. Renting a Studio out through the Site

8.1. To create a Studio Listing

The Users who have one or several Studio(s) have to create one Listing per Studio to rent each one out to Artists.

Any User willing to create a Studio Listing on the Site in order to rent it out to Artists has to create an AirnStudio Account as described in paragraph 4. The Studio is liable for the content he/she adds to the Site.

Depending on the country in which the Studio is located, the Studio may publish a Listing but not be allowed to open the Bookings through the Site. The Site has to respect the list of authorized countries given by the payment platform the Site uses. The countries that are authorized to open the Bookings are those listed in the country menu of the Stripe account tab of the "Account Settings" section. The Studio is not allowed to select another country than the one in which the Studio is located. The list of authorized countries is visible and up-to-date in the Help section.

The Site cannot be held responsible for the information added by the Studio in the Studio Listing. Any offensive, insulting, violent words, or with a sexual, racist or discriminating intention that are displayed on the Member profile will be deleted by the Site as soon as the Site will be aware of it. The Site can block or revoke the access of the Member to any Member who uses such words. Any User who sees such information can keep the Site informed by sending a message through the contact form.

Once the Studio finalizes his/her Studio Listing, the Studio can publish his/her Listing after moderation by the Site. It will be asked to agree with the Terms and Conditions and click on Validate in order to publish the Listing. Notifications will be displayed on the Dashboard or sent by email in order to show the items that should be modified or added to have the Listing published. The Studio Listing can be published only if the notifications are solved by the Studio.

The urls, email addresses and phone numbers are forbidden on the Site's public pages like the Studios listings. If a Member adds such items on his/her Studio Listing, he/she will be asked to remove them in order to publish it. Otherwise, the Site won't publish the Listing until the modifications are made or will publish the Listing by removing the forbidden items.

The Studio has to constantly keep his/her Listing calendar up-to-date in order to avoid any issues related to issues with Bookings during unavailable days or times that would not be mentioned in the calendar as described in article 7.4.

The Site strongly recommends to the studio to give all the necessary bank information early enough as explained in article 6.2., in order to be able to receive payments from Artists right away and avoid them to be canceled automatically. due to an Account that is not finalized.

Please be aware that even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to renting any Studio listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to any Listing in order to comply with governmental or regulatory bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Studios who accept credit card, banking or other payment information from Artists agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements, applicable card association or network operating rules and/or policies and best practices and/or the data security policies of the Site and further agree to only collect and use such payment information in connection with an authorised Artist booking and for no other purpose.

8.2. Service Fees and Transfer Fees

The Site acts as an intermediary between the Studio and the Artists. Service Fees are then asked to the Studio in order to maintain a good security and quality for each User and Member of the Site.

For each Booking in the studio made through the Site, the Studio will receive an amount that equals the amount paid by the Client, minus the Service Fees that equal 18% of the amount paid by the Client and the Transfer Fees of 0,10€ for the automatic transfer from your Account to the Studio's external bank account. The amount paid by the Client is in the currency the Studio selected when he/she created his/her Account, which matches the currency of the Studio's bank account. In regards to the 0.10€ Transfer Fees, a conversion fee may be applied by the Studio's bank if the bank account is not in euros, which remains under the responsibility of the Studio.

The Site pays all the other fees - informatics fees, external applications, marketing and other payments fees that enable the Site to work perfectly, be promoted and remain secure.

The Studio's Listing cannot be published if these Terms and Conditions were not accepted, which includes the amount of the Service Fees and Transfer Fees.

If the Service Fees are modified by the Site, the Users will be kept informed.

8.3. To accept Booking Requests

The Studio agrees to validate the Artist Booking Request within 48 hours maximum after the Request was sent in order to enable the Artist to organize his/her Session. If not, the Request will be canceled.

8.4. Be paid for Studio Sessions

Payments made to the Studios for the Artists Bookings through the Site are processed through the secured payment system of the company Stripe as detailed in paragraph 6.

The Client's credit or debit card is charged when he/she pays for the Session, which validates the Booking. This payment is managed through Stripe before it goes to the Studio’s Account.

The day the transfer will reach the Studio's Account is called the ‘Date of availability’ and is visible in the Studio's Account settings section, in the column ‘Date of availability’. This delay is 7 days minimum after the Client’s payment.

Once the Client confirms the session ended well, or by default 72 hours after the end of the session, the transfer of the amount due to the Studio, as detailed in paragraph 8.2., is initiated from the Studio’s Account towards the Studio's external bank account and will take a few days to reach the Account - except if the day of the Session occurs before the Date of availability. In that particular case, the transfer can only made from the day after the Date of availability and after the Client confirmed the session ended well or after the default delay of 72 hours after the end of the Session.

The transfer to the Studio’s bank external account can only be made if the Studio gave the necessary information information in his/her Account about his/her external bank account to proceed to the transfer as detailed in article 6.2. The Studio is required to give all the information about his/her external bank account when he/She accepts his/her first Booking the latest as Stripe may refund the payment to the Client if the transfer cannot be made. The Site will not be liable if such a refund is made. This automatic transfer is linked to the Transfer Fees detailed in article 8.2. and cannot be canceled.

8.5. Communication from the Site about the Studio

The Site may use the Studios' pictures in order to promote the Studios and the Site services on the pages of the Site and its social networks - Facebook, Twitter, Instagram, LinkedIn, Youtube. This will make the Studio more visible online. The Studio lets the Site using his/her content for additional promotion.

9. Obligations of the Company

9.1. Service quality

The Company undertakes to provide high-quality services and to enable users to use the available communication means under the best possible conditions.

Due to the nature and complexity of the internet network and, in particular, its technical performance and the response time required to consult, search or transfer information, The Company shall do its utmost, in accordance with industry practices, to allow the services to be accessed and used. The Company shall not guarantee that the website is fully accessible and available to provide access to services at all times.

The Company shall not be held liable for the proper functioning of the Users’ IT equipment and for their access to the internet.

9.2. Maintenance and Updates

The Company shall do its utmost to provide users with high-quality services. It undertakes to implement the appropriate means to ensure that the services operate in optimal conditions.

The Company reserves the right to temporarily suspend the site or access to the services without notification or compensation, in particular in order to carry out works including but not limited to updates, maintenance work or changes to operational methods and features.

The Company shall not be held liable for losses of any kind that may result from these changes and/or a temporary period of unavailability of the website or of its related services.

The Company reserves the right to complete or modify the website and the services offered on the website at any time on the basis of technological developments, and shall inform users of such changes by all available means.

9.3. Security

Due to the nature of the processed data, the Company shall do its utmost to secure the website against risks in accordance with industry practices.

The Company shall however not be held liable for the following:

- the quality of the services, which are offered “as is”;

- disruptions in the use of the website, or the inability to use the website;

- any partial or full unavailability of full or partial access to the website, the user’s account, or the published documents and content;

- difficulties related to response times or any website operating defects of any kind;

- any issues related to transferring information on the website;

- service malfunctions or website malfunctions in general;

- an interruption in services that occurs for any reason whatsoever;

- a lack of continuity in the services offered;

- failure to store the data published on the website;

- any breaches to IT security that may damage users’ IT equipment and data and/or the presence of viruses on the Site.

10. User's Obligations and Responsibilities

10.1. Compliance

The user shall be liable for his/her use of the services and for his/her actions on the website. The User:

• undertakes to use the Site fairly and to comply with the present general terms and conditions of use by acting in a manner that is compatible with the website and in accordance with the laws and regulations in affect, public policy and standards of behaviour, and third party rights.

• undertakes to give exact, true information on any pages of the Site like his/her Account and Studio Listings.

• undertakes not to commit any illegal or fraudulent acts against the Company, other users, or third parties.

• is prohibited from collecting information on other users, and in particular email addresses, in any way whatsoever, whether manually or automatically, without their permission and in particular for the purpose of sending unsolicited emails, spam, chain emails, etc.

• undertakes to notify the Company of any failures in the services or Site that he/she may notice.

• is prohibited to circumvent the Site's payment and booking system.

10.2. Security

The website is an automated data processing system.

The User :

• is prohibited from fraudulently accessing or continuing to access all or part of the Site. The user is prohibited from using any access methods other than the interface provided by the Company. Should such a method be discovered or should the user gain access to a restricted space without authorisation and inadvertently, he/she undertakes to inform the Company without delay by sending an email to contact@airnstudio.com so that the latter may take the necessary measures.

• is prohibited from deleting or modifying any data contained on the website that was not published by himself/herself, or from fraudulently introducing data or altering the way the website operates. In particular, the user shall ensure that he/she does not introduce any viruses, malicious code or any other harmful technology into the website or the services offered on the website.

• is prohibited from displaying or giving any wrong, fake, fraudulent informations, or to commit any action that may be considered as phishing, whatever its level is, and that would lead to a criminal or civil responsibility.

• is prohibited from watching and/or monitoring the Site's content and Members' communications and data through robots, spiders or any other automatic tools; with reservations that an exception is made for general search engines on the Internet (except any website, search engine or any other services that offer listings or that make advertisements about studios sessions bookings, or any subgroup of what is previously mentioned, or whose activities are about connecting studios and Artists and that offer services that compete against those offered by the Site), and the public non commercial archives that use tools to collect data in order to add links to the Site, with reservations that they use a IP address or series of IP addresses that are stable, easily recognizable and compatible with the provider's robots.txt file.

• undertakes to consider all data he/she may gain knowledge of as a result of such access to a non-authorised space to be confidential data, and consequently undertakes not to disclose it. In particular, the user is prohibited from any actions undertaken with the aim to overload a page, affect the bounce rate, or any other operations that may result in the functioning of the website being impeded or distorted. All access to restricted spaces shall be deemed fraudulent under the terms of the Criminal Code.

• is prohibited from carry out any actions that would result in page saturation, bounce operations or any other actions that may result in a disruption to the functioning of the Site.

• undertakes not to use any devices or software of any kind that may result in a disruption to the functioning of the Site.

•undertakes not to carry out any actions that would result in an excessive overload of the Site infrastructure.

• undertakes to inform the Company of any security breaches it may discover via the contact form accessible from all pages of the Site.

• shall accept the features and limitations of the Internet. He/she shall be aware that data transmitted over the Internet may not be protected, in particular against potential misuse.

• shall take all appropriate measures in order to ensure his/her own security, in by managing his/her login names and passwords, which he/she will keep confidential. The user shall also protect his/her own data and/or software from being contaminated by any potential viruses on the Internet.

•should ensure that they save all data sent and all content published as part of the services.

10.3. Responsibilities of Studios, Artists, Clients

We do not provide liability insurance protection for Studios and Artists. Users are solely responsible for obtaining insurance coverage sufficient to protect their Studios, the Artists who book a Session in the Studio or the Session Booking, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the Studios they list on the Site before the arrival of their first Client and will maintain adequate insurance coverage through the departure date of any Client they have obtained via our Site. Further, members agree to provide us with copies of relevant proof of coverage upon request.

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their Studio and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental Studios listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

The Studio is liable for the respect of the law applicable in his/her country in regards to the authorization to work and use the Site services and to the revenues obtained through the site that the Studio should declare to his/her country government or the institution in charge of these subjects.

IN NO EVENT WILL THE SITE, OR ITS PARENT COMPANY, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY THE USER OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

The Studio will be entirely and exclusively liable for the financial consequances in result of damages made to the Site because of a content or program sent by the Studio that damages the Site material, along with the Site system or data, or cause a disruption to the functioning of the Site. These include experts and lawyers fees.

The Studio agrees to defend, compensate and clear the Site, its owners and employees, from any responsibility in that damage in case of complaints, actions, claims, recoveries, losses, damages, fines, penalties, or other charges or fees of any types and any kinds, including any court and accounting fees billed by a tierce party, related or linked to: (a) any content or material provided to the site by the Studio, in an incorrect or illicit way, in order to be added to the Site ; (b) any incorrect use of the Site by the Studio ; (c) any failure by the Studio to respect these Terms and Conditions ; and (d) any fault made by the Studio when providing services and/or equipments during the Session with the Artist.

11. Data Protection

Giving nominative information in the online Booking process on the Site is mandatory as they are being used to process and validate the Booking. This data is strictly confidential. If this data is not given, the order cannot be processed and is rejected. The Site respects the article 23 from the law n°78-17 of January 6, 1978 modified in 2004, about data protection. The processing of the Site pages has been declared to the Information Commissioner's Office (CNIL) (www.cnil.fr) under the reference 1992026 from September 21, 2016.

The Member has the right to get, modify, rectify and delete any data about him/her. To do so, the Member has to send his/her inquiry to AirnStudio - Notorious by Floriane Loux, 27ter Avenue Paul Doumer, 94110 Arcueil, France or through the Contact us page. To read all the information about Data protection, please visit the page Privacy Policy.

12. Force majeure

If any event of 'force majeure' happens, the Party should notify the other one within 5 days after the event in order to find a common agreement. The criteria of 'force majeure' are the ones given by the law.

13. Non-validité partielle

If one or several stipulations of these Terms and Conditions are held as invalid or declared as such towards the application of a law, rules or a jurisdiction final decision, the other stipulations will keep their strengths and reach.

14. Intellectual property

14.1. The Company's Property

The present Terms and Conditions shall not result in the transfer of any property rights on elements belonging to the Site and the Company to the User.

The content of the Site, its general structure, as well as the trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programmes, search engines, databases, sounds, videos, domain names, design, the Company's know-how and all other elements that make up the Site including but not limited to the above or any other information contained in the Site, are the exclusive property of the Company or third parties that have assigned a license to it, and are protected by intellectual property rights that are or will be recognized under current legislation.

Any full or partial reproduction and/or representation of one or more of these elements without the Company’s express permission is prohibited and shall constitute an infringement sanctioned under the provisions of the Intellectual Property Code.

Consequently, the user is prohibited from engaging in any behaviour or actions likely to directly or indirectly infringe upon the Company’s intellectual property rights.

Similarly, all of the Company’s trademarks, distinguishing marks, plans, studies, projects, operating or setup instructions, photographs, technical and commercial documents and models, as well as all IT and application programmes, codes and information shall remain the Company’s exclusive property.

14.2. Elements made available online by the User

Where appropriate, the user shall grant the Site the right to use the content published on the website, which is his/her exclusive property and is protected by the intellectual property rights recognised by the legislation in effect.

This right of use shall cover the Site’s right to, as part of the services, reproduce, represent, adapt, translate, digitalise, use for service purposes or sublicense the elements on any currently-available or future communication mediums.

This right of use is transferable. It shall be assigned by the User to the Site at no cost and shall apply to the entire world for the entire period during which the content is available online as well as for the period during which it is subsequently stored by the Site under the conditions contained in the present document.

The user undertakes to take all the necessary measures in order to protect these rights from third parties and guarantees the Site’s right to peaceful enjoyment of its rights, in particular against any recourse from third parties.

14.3. Third party elements

Elements belonging to third parties, including but not limited to trademarks, drawings, designs, images, texts, photographs and logos, are the exclusive property of their authors and are thus protected by the intellectual property rights recognised by the legislation in effect.

The user is prohibited from directly or indirectly infringing the intellectual property rights of third parties that have content on the website. The user is also prohibited from exploiting in any way whatsoever the trademarks, logos, software, information, databases and all other documents that may, in a general manner, be disclosed to him/her as part of the performance of this agreement.

The user undertakes to comply with the rights of all third parties whose content is present on the website and is prohibited from engaging in actions that create any confusion in the mind of the public for any purpose whatsoever.

In this context, the user undertakes to take all necessary measures to protect the above third party rights and, in particular, retain all mentions of ownership indicated on all data, information, and, more generally, on all elements that can be consulted on the application or that are accessible to third parties.

Les éléments appartenant à des tiers, telle que marques, dessins, modèles, images, textes, photos, logos sans que cette liste ne soit exhaustive, sont la propriété exclusive de leur auteur et sont protégés à ce titre par les droits de propriété intellectuelle qui leur sont reconnus par la législation en vigueur.

15. Applicable law and jurisdiction

The Services sold through the Site respect the French law whatever the Client's country of residence is.

Disputes shall fall under the non-exclusive competence of the Paris courts, meaning that in application of the present Terms and Conditions, the customer may initiate legal proceedings in order to assert his/her consumer rights either in Paris or in any European Union country in which he/she resides.

The binding version of these Terms and Conditions is the French language version. Should the present general Terms and Conditions be translated into a foreign language, the French language version shall prevail over all translations in the event of a challenge, dispute, or difficulty related to the interpretation or performance of the present conditions, and, more generally, in matters related to the relationship between the Site and the User.

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Last modified on 2018-01-28.