PREAMBULE
These General Conditions for the Provision of Services between Professionals (the "GCPSP") are concluded between:
Hereinafter referred to as "the Service Provider"
And
Hereinafter referred to as "the Customer(s)" or "the Architect".
Hereinafter referred to as "the Parties"
The GCPSP are applicable to the Services provided by the Service Provider as described below.
They set out the conditions and obligations related to the use of the Website accessible at URL address: http://www.find-my-architect.com (hereinafter referred to as "the Website").
The terms used below in the GCPSP shall have the following meanings:
The General Conditions for the Provision of Services between Professionals constitute the sole basis of the business relationship between the Parties.
Their purpose is to set out the conditions under which the Service Provider provides the Customers who so request, via the Service Provider's Website or direct contact, with the services described in article 3 of the GCPSP.
They apply without restriction or reservation to all the Services rendered by the Service Provider to the Customers.
In accordance with the regulations in force, the GCPSP are systematically communicated to all Customers who so request.
This contractual document, the GCPSP, sets out the rights and obligations of the Architects in the context of using the Website, as well as the roles and responsibilities of TROUVERMONARCHITECTE in the context of management of the Website and provision of the Service.
Any Subscription taken out with TROUVERMONARCHITECTE necessarily implies the unconditional acceptance of the GCPSP by the ARCHITECT.
The mere fact of using the Services implies, on the one hand, outright acceptance of the GCPSP, that the ARCHITECT expressly declares and acknowledges, and, on the other hand, acceptance of the GCU of the Service Provider's website. The GCU of the Website are accessible at www.find-my-architect.com.
The GCPSP take precedence over all exchanges or documents dated before or after subscription to the Service unless an amendment is signed by the Parties.
The Website database makes Architects' contact details available to Users along with some information on their professional activity.
The Architects are referenced according to their specialities and their geographic location.
The prior subscription of the Architect to the Service is essential before referencing and access to the Service.
The Architect undertakes to communicate accurate, complete, up-to-date information to TROUVERMONARCHITECTE to validate the creation of their Personal Account. This includes the Architect's surname, first name, phone number and email address, a photograph of the Architect and their achievements.
Failing this, the Company can in no way be held liable if the Architect does not receive any future updates to the GCPSP sent to them by the Service Provider.
The Architect acknowledges that the provision of erroneous, incomplete, misleading or outdated information during their subscription may incur their liability with regard to TROUVERMONARCHITECTE and third parties.
In the case of inaccurate indications or the absence of photographs of the Architect and their services within two months of their subscription or, generally, any breach of the GCPSP by the Architect, TROUVERMONARCHITECTE may decide to suspend or cancel the Architect's Personal Account with immediate effect and without notice in accordance with article 11 herein.
TROUVERMONARCHITECTE may, at its discretion, end the suspension or allow the Architect to resubscribe if it turns out that:
- the Architect's breach has had no harmful consequences for the User concerned and/or TROUVERMONARCHITECTE and/or;
- if the Architect in question acted in good faith with no intention to defraud.
The Architect returns the signed order form and pays the Subscription as described in article 5 so that the creation of the Customer's Personal Account is effective.
The Architect is then contacted by the Service Provider by phone to put their Personal Account online and provide all the necessary information.
Once the Personal Account has been published, a confirmation email will be sent to the Customer.
The Subscription price is the effective price at the time of subscription to the Service by the Customer.
The prices indicated, unless stated otherwise, are expressed in euros or in pounds sterling excluding tax.
An invoice is drawn up by the Service Provider and provided to the Customer whenever a Subscription is taken out.
TROUVERMONARCHITECTE reserves the right to modify its prices at any time. The new pricing will apply from the next Subscription.
The ARCHITECT retains the possibility of terminating the contract before the tacit renewal of the Subscription in accordance with article 12 of the GCPSP.
According to the choice made by the Customer, all or part of the price is due on subscription.
The Customer is required to pay the amount due at the time of the order.
The activation and continuation of the Subscription are conditional on the perfect payment of that sum.
The Customer may pay for the Subscription by PayPal or by bank transfer.
To this end, the ARCHITECT guarantees the Service Provider that they have any authorisations necessary for using the bank account chosen during validation of the subscription and that the bank account gives access to sufficient funds to cover all the costs of the subscription.
In the event of non-compliance with the payment terms, TROUVERMONARCHITECTE reserves the right to suspend the Service from the date of sending formal notice.
Late payment will automatically lead to all amounts due to the Service Provider by the Client being immediately payable without prejudice to any action that the Service Provider may be entitled to initiate, on this basis, against the Customer.
Unless stated otherwise, late payment penalties will be calculated based on the interest rate applied by the ECB (at its most recent refinancing operation) plus ten points, it being specified that the rate cannot be less than three times the legal interest rate. Thus, the applicable rate for the first half of the year in question shall be the rate in force on 1 January of that year.
Penalties shall be based on the sums due by the Customer and shall be calculated based on the price (excluding tax) indicated on the invoice.
Late payment will also result in the payment of a fixed fee of 40 euros for recovery costs, which is automatically applied.
In the event that the collection costs incurred exceed the amount of the flat-rate indemnity, TROUVERMONARCHITECTE shall be entitled to request additional compensation, upon justification.
If formal notice remains ineffective one month after sending, including in the event of refusal to pay by the Customer's bank, the subscription will be terminated immediately at the exclusive fault of the Customer, who will be liable to the Service Provider for compensation equal to the amount (excluding tax) of the outstanding instalments until the end of the current 12 month period.
Putting in contact must be understood as any contact by the User with the ARCHITECT, corresponding to the targeting requested by the Architect (type of property, style, type of work), by email or phone in the twelve (12) months from the effective start of the Subscription.
The refund request, as provided for in article 6.3 of the GCPSP, must be made by email sent to contact@find-my-architect.com within 30 days of the end of the Subscription.
Any ARCHITECT who makes a refund request according to the preceding conditions will be refunded the Subscription price by bank transfer to the bank account provided by the ARCHITECT during their subscription.
At the end of this period, the Subscription is renewable by tacit agreement for another 12-month period unless terminated by the ARCHITECT under the conditions provided for in article 12 herein.
Any early closure of the Personal Account shall give rise to no refund and the Architect must honour any remaining payments until the end of the Subscription.
As such, TROUVERMONARCHITECTE reserves the right to remove from the Website any content, data, information or offer that is obviously illegal or appropriate, of which it becomes aware, and to suspend or cancel, definitively and without notice, the Personal Account of the Customer concerned.
In general, the ARCHITECT undertakes to comply with legal and regulatory provisions and the GCPSP.
Failing this, TROUVERMONARCHITECTE may decide to suspend or cancel the ARCHITECT's Personal Account with immediate effect and without notice in accordance with article 11 of the GCPSP. The ARCHITECT also risks paying for an additional Subscription per transfer of the service requests resulting from connections made through TROUVERMONARCHITECTE.
Any act of counterfeiting, or act likely to be qualified as such, by a third party of which the ARCHITECT is aware must be reported to TROUVERMONARCHITECTE, who will take care of any prosecution.
Any commercial or non-commercial use of images, texts, icons, drawings, graphics, photographs, programmes or other components without the prior written consent of TROUVERMONARCHITECTE is strictly prohibited.
TROUVERMONARCHITECTE shall not be liable for any counterfeiting proceedings brought by a third party against an ARCHITECT.
The ARCHITECT shall be liable for direct or indirect, material or immaterial damage caused to TROUVERMONARCHITECTE.
The ARCHITECT agrees to compensate TROUVERMONARCHITECTE and its beneficiaries for all losses, costs, damage and expenses resulting from non-compliance with the GCPSP.
In no case can TROUVERMONARCHITECTE be held liable for the content of websites accessible from references and links inserted by the ARCHITECT or for any direct, indirect or other damages resulting from the use of third-party websites.
In the case of force majeure, the obligations of TROUVERMONARCHITECTE and the Architect shall be suspended for its duration.
Any non-performance related to a case of force majeure shall not incur the liability of TROUVERMONARCHITECTE on the condition that it notifies the other party and the necessary is done to reduce the damage and remedy it as far as possible.
In the event that an ARCHITECT is aware of a breach of the law or regulations on the Website, in particular, the presence of content supporting crimes against humanity, inciting racial hatred or violence, involving child pornography or, in general, violating human dignity, they undertake to immediately inform TROUVERMONARCHITECTE of this by contacting Customer Service (contact@find-my-architect.com) and providing information for the identification of the offending content and/or its author.
The Company can only be liable to the ARCHITECT in the event of non-performance of its commitments under the GCPSP, proven fault or negligence and limited to direct damage excluding all indirect damage of any nature whatsoever.
In order to assert their rights, the ARCHITECT must, on pain of forfeiting any action relating thereto, inform the Service Provider in writing of the existence of the alleged faults or negligence within a maximum period of 15 days of their discovery.
In any event, if the Service Provider is found to be liable, the Service Provider's guarantee shall be limited to the amount (excluding tax) paid by the Customer for taking out their Subscription.
In the event of breach of the GCPSP or any illegal act, TROUVERMONARCHITECTE shall be entitled to withdraw certain content from the Website immediately without notice and/or to suspend or cancel the Architect's Personal Account or to take other appropriate measures against them.
Any early cancellation of the Personal Account shall give rise to no refund to the Architect if the Architect has paid for the Subscription in full. In the event that they pay for their Subscription in monthly instalments, the Architect must honour these instalments until the end of the Subscription.
The Customer has the possibility of terminating their Subscription after a period of twelve (12) months from the publication of their Personal Account in accordance with article 4 of the GCPSP.
In this case, the Customer shall inform the Company of their wish not to renew their Subscription by email with acknowledgement of receipt at contact@find-my-architect.com or by registered letter sent to the headquarters of the Company at least 15 days before the date of the tacit renewal of the Subscription taken out by the Architect.
The Architect shall not have the right to terminate their subscription to the Services before the end of the Subscription, the Architect must honour their payments as set out in Articles 5 and 6 of the GCPSP.
TROUVERMONARCHITECTE reserves the right to modify the GCPSP at any time and to change the characteristics of the Website as long as this does not result in substantial modifications.
The Architect will be informed of modifications to the GCPSP by email or on their Personal Account fifteen (15) to thirty (30) days before they come into effect as long as they are not dictated by a legal ruling, in which case they will come into effect immediately.
TROUVERMONARCHITECTE is responsible for processing Personal Data and, therefore, declares this processing of nominative data to the French Data Protection Authority ("CNIL").
TROUVERMONARCHITECTE undertakes to process all Personal Data in accordance with French Data Protection Act No. 78-17 of 6 January 1978 relating to IT, data files and civil liberties ("Loi Informatique et Libertés") amended by Law No. 2004-801 of 6 August 2004 and principles of loyalty and confidentiality.
In order for the Company to create the Customer's Personal Account, the Architect must provide certain personal data (including their name, email address, postal address, phone number (mobile and landline), date of birth, qualifications, professional experience etc.)
This personal data, including the photographs sent, is used by TROUVERMONARCHITECTE for providing listing services, including to facilitate the User’s search for an Architect.
Personal data is also used to establish purchase orders and invoices.
Under the French Data Protection Act, the Architect has a right of access, rectification, erasure and portability of the data concerning them, as well as the right to the oppose processing of their personal data for legitimate reasons by writing to the postal address of the headquarters of TROUVERMONARCHITECTE or sending an email to contact@find-my-architect.com.
TROUVERMONARCHITECTE ensures the conservation and storage of IP addresses for each of the Architect's actions for Website administration purposes and to end/resolve any abuse coming from a Personal Account. The processing of IP addresses is essential to the functioning of the Website.
TROUVERMONARCHITECTE may to use cookies and/or invisible GIF files with the aim of obtaining information on the Architects or improving the performance and functionality of the Website.
In the event that the Architect does not wish their Personal Data to be collected using cookies, they may disable them using their browser. This operation may, however, reduce the performance and functionality of the Website.
Any Architect who contacts a User undertakes to comply with their obligations, with respect to the User, under nominative data protection regulations such as those resulting from the French Data Protection Act. Every Architect is responsible for the processing of data concerning the Users and declares that they comply with the provisions of the French Data Protection Act.
The Architect is informed that they are forbidden from communicating any personal data to a third party without the express prior agreement of the User concerned.
All Architects undertake to guarantee and indemnify TROUVERMONARCHITECTE against the consequences of any claim resulting from a breach by the Architect of their obligations under the applicable regulations in terms of nominative data protection and/or the terms of the Privacy Policy.
Any clause of the GCPSP that is declared null or invalid shall be rendered void without its invalidity affecting the other provisions of the GCPSP nor affecting the validity of the GCPSP as a whole or its legal effects.
The GCPSP are written in English. However, in the event of a conflict of interpretation between the English language version and the French language version, the French language version shall take precedence.
The GCPSP are subject to the application of French law in application of European Ruling 593/2008 of 17 June 2009.
15.4.1 Amicable resolution, a compulsory prerequisite for any legal action
In order to find a solution together to any dispute that may arise in the execution, interpretation or termination of the Service described in the GCPSP, the Parties agree to meet within 15 days of the sending of a registered letter with acknowledgement of receipt notified by one of the Parties.
This amicable resolution procedure is a mandatory prerequisite for the initiation of legal proceedings between the Parties. Any legal proceedings initiated in violation of this clause shall be declared inadmissible.
However, if at the end of a 15-day period, the Parties are unable to agree on a compromise or solution, the dispute shall be submitted to the legal jurisdiction designated below.
15.4.2 Legal Resolution
Any dispute between the Company and the Customer relating to the interpretation of performance or non-performance of the GCPSP not resolved amicably (or through mediation having ended with a proposal accepted by both parties), shall fall under the exclusive jurisdiction of the courts of Strasbourg.
The GCPSP are expressly approved and accepted by the Customer, who declares and acknowledges having read them and, therefore, renounces recourse to any contradictory document.