BEING AGREED THAT:
REKYOU LTD provides a platform or an online marketplace equipped with a technology enabling Artists and Studio Managers to interact and meet online to organize studio bookings without any intermediaries.
REKYOU LTD’s main activity is sealing deals of provision of the aforementioned music studios to the end of recording one of several tracks of the Artist.
REKYOU LTD acts in quality of broker in this contractual relationship and does not take part in the final contract signed between the Artist and the Recording Studio.
REKYOU is entitled to a remuneration equivalent to 20% of the rate set by the Recording Studio as part of its broking obligations.
THE DIFFERENT PARTIES AGREE THAT:
I – On the General Terms of Service
I.1 Scope of application and definitions
The current terms of service apply to the services provided by www.reykyou.com.
This website is edited by REKYOU LTD (share capital 5000€) – RCS MEAUX 821 814 670 (henceforward known as REKYOU), whose headquarters are located on 1 rue Emile Peynaud 77600 Bussy Saint Georges.
The Web Hosting is provided by OVH located at 2 rue Kellerman 59100 Roubaix. Data inconsistency is handled by N-SENS JOINT COMPANY – N-SENS, 1, Centre Commercial La Tour 93120 La Courneuve. Contact info : 01 84 21 42 70.
I.2 Online compliance with the General Conditions of Use
The use of the website is conditional to the compliance with the current GCU. Members shall tick the “I accept the website’s and the provided products of these General Conditions of Use” check box on creation of the account to accept the GCU.
The sole compliance with these GCU may enable Members access to the services provided by the Site.
Compliance with the GCU is a whole and as such is indivisible, and Members may not choose to apply only part of these GCU or have reservations about such or such aspect of the GCU.
By agreeing to the GCU, Members notably agree to “Users Personal Data Processing” carried out by REKYOU LTD in the conditions exposed by the aforementioned and following terms of service.
If members fail to comply with any provision of this Agreement, REKYOU LTD reserves the right to discontinue the infringer’s Member’s User Account. It is notably so when a Studio Manager operates as a professional.
I.3 Modification of the General Conditions of Use
REKYOU Ltd reserves the right to modify any of the terms and conditions contained in this Agreement, any provided features on the website or the operating rules at any time.
Modifications will be effective once the new GCU have been released and once every Member acknowledges having taking note of.
In the event of modification occurring after payment by the Artist of a sum corresponding to Fee Contribution, the modification doesn’t apply to the pending booking.
REKYOU LTD notably reserves the right to provide new, free or paid services on the website.
II- Terms of Service
II.1 User Account
To subscribe and enjoy the online service provided by REKYOU Ltd, every Member shall, beforehand, create a User Account and provide personal data, indispensable to the proper functioning of the service of people connecting (especially name, age, gender, phone number and valid email address).
Members certify they are 18 of age and above at the time of their subscription. Minors may be represented by their legal guardian.
REKYOU Ltd may not be held responsible for any erroneous or fraudulent information provided by Members.
Members agree that they will not create or use any other account than the one originally created, whether under their own identity or that of a third party. A written request from the Member must be filed prior to subscription for any derogation. Only an explicit and specific authorization from REKYOU Ltd will give the green light.
Creating or using new accounts under one’s own identity or that of a third party without REKYOU’s explicit approval may result in immediate termination of the Member’s Account and all related services.
II.2 Website, App, Services Working Mode
The Website, App, and Services may be used to facilitate the publication of Announcements and the booking of recording studios. The studios appear among the Announcements posted by studio Managers on the website, App and Services pages.
Browsing the Announcements is possible without being registered on the Website, App or Services. For the booking of a studio or generating an Announcement, however, a REKYOU account must be created beforehand (as defined above). REKYOU reserves the right to modify the announcement if this one does not correspond to our conditions.
As indicated above, REKYOU provides a platform or an online market place equipped with a technology enabling Artists and Studio Managers to interact and meet on line so as to organize studio bookings without any intermediaries. As such, REKYOU is neither owner or goods manager, including in particular, recording studios or home studios. REKYOU does not own, sell, resell, provide, rent or sub-rent, handle and/or control any goods, namely studios and home studios; Unless otherwise specifically specified on the platform, REKYOU’s liability is limited to what follows: (i)facilitating access to the website, App and Services, and (ii) acting as a broker between partied for the final contract.
REKYOU Ltd may for a limited amount of time, act as debt collector for every studio manager to the purpose of accepting payments from the Artist for the Studio Managers.
II.3.1 Conditions under which Members may use this service
The “booking” option is limited to Members as defined by article I.1 of these General Conditions of Use. Being able to access the Website is not sufficient to give you access to the “Booking” option.
The recording Studio bookings shall follow the cumulative conditions to be found below:
Booking is considered an accepted request by Managers after release of a specific Announcement, and that regards a single recording taking place only once at a specific time and date and for a given track or given number of tracks for a given duration.
Any booking accepted by the studio Managers is considered an effective booking for the specific announcement it was meant for and it entails the single recording taking place only once at a specific time, date and for a given track or given number of tracks for a given duration.
Without prejudice to the other provisions REKYOU expressly reserves the right to limit the number and/or the category of Members being able to access this booking service.
II.3.2 Booking and booking confirmation
The studio Manager offers room bookings on the REKYOU Ltd website by specifying the location of the studio, the date and time slots of the booking. The Manager also specifies the terms of the booking.
Artists book one or several slots on the website by exclusively carrying out online payment via one of the payment options provided by the website.
Once payment has been received by REKYOU Ltd, this serves as the booking confirmation. (See “Booking Confirmation” below)
Once the Booking confirmation step has been reached, the Studio Manager and Artist are irrevocably bound by the “Financial Provisions” below.
The Artist and the studio Manager are informed that the transaction is irrevocably sealed, by way of an email sent to the Artist himself confirming booking, along with an email sent to the Manager, informing him of the booking.
The Manager commits to making the studio available to the Artist for the time slot registered for booking - slot that the Manager has agreed to share with the Artist at the set date, time and location.
The booking is nominative. The Manager and Artist must be conformable to the identity disclosed to REKYOU. The Manager and Artist are entitled to consider that the cancellation is imputable to the person whose identity is in conformity with that mentioned on the website.
II.3.3 Payment and fees
The website is equipped with a payment system enabling users to complete a booking, which will ensure the studio, payment of the service provided for the amount of hours settled between the User and Studio.
The Recording Studio Owner commits to subscribing any valid insurance to cover protection of his own equipment.
Prices may be set freely by the studio owners.
REKYOU Ltd shall receive a 20% commission on each billed service provided by the Manager to the Artist.
The Artists is allowed a period of 7 calendar days within which to confirm to REKYOU that the recording session has indeed taken place. After these 7 calendar days, REKYOU Ltd shall consider confirmation by the Artist as implicit.
Once that express confirmation has been issued, the Manager enjoys a due credit on his User Account.
This credit corresponds to the amount paid by the Artist minus the commission taken by REKYOU plus Operating Fees.
Once the session has been confirmed and validated by the Artist, the studio Manager may give an instruction so as to receive payment.
REKYOU transmits payment orders on the first working day following the online request by the Member, or, by defect, 15 days after the provisioning of the sums of money in question, on his profile.
To this end, the Manager beforehand provides REKYOU the necessary banking information enabling money transfers via wire transfer, namely:
These pieces of information are to be filled by Members in the “My Profile” and “Money Transfer Preferences” sections.
In no case shall REKYOU transfer the money other than by bank transfer, thus excluding any payment in cash or by cheque.
REKYOU is in no way responsible for or financial guarantor of the Manager in case of payment default if, for any reason, the paid sum of money had to be paid back notably in case of dispute on the means of payment or of fraudulent use.
Managers commit to refunding REKYOU any amount of money disputed by a payment incident on first claim.
Users are reminded that as part of a session Booking or Studio renting agreed between Managers and one or several Artists, the following are the Managers obligations to the Artists:
II.3.4 Cancellation fees
Cancellation by the Manager or Artist subsequent to Booking Confirmation is subject to the following dispositions. In case of cancellation imputable to the Manager, the Artist is reimbursed the totality of the previously paid amount.
In the event of a cancellation imputable to the Artist:
When the cancellation is imputable to the Artist, the daily, weekly or half-day time slot(s) cancelled by the Artist may be fully made available to other Artists who may thus book them online and are consequently submitted to the Agreement.
II.4 Financial dispositions related to the Booking of Music studios
The money received by REKYOU is deposited on a recipient account opened in the ledger books of the MANGOPAY bank.
The money thus deposited is used for the payment of Managers minus the amount of the broking commission taken by REKYOU equal to 20% of the total amount of the booking. Payment orders executed by REKYOU Ltd in conformity with this Agreement are irreversible and shall be carried out by the MANGOPAY secure transaction service.
It is explicitly agreed between the artist and the Manager that the perceived money does not give right to any interest amount.
The Artist explicitly agrees to paying the taxes relative to the services provided by REKYOU, in particular the VAT.
The Artist and the studio Manager agree to answer to any request from REKYOU and more generally from any administrative or judicial competent authority in relation to the prevention or fight against money laundering and more importantly, agree to provide any useful proof of address or of identity.
Failure to meet these demands will lead to the Artist or Manager to agree in advance to REKYOU taking any unilateral measure that would seem fit, such as the freezing of all deposited amounts and/or discontinuation of the services used by the Artist or offered by the Manager.
No payment shall be made to the Manager on a bank account that was not opened on his name.
REKYOU Ltd advises Managers to subscribe adequate insurance for the studios they wish to rent.
Please carefully read any insurance policy you may have subscribed for your music studio, and make sure that you do know all the clauses and understand all the limitations and exceptions as well as any deductible fee it might entail and do check whether the insurance policy in question does covers the acts or omissions on the part of the Artists (and of the Artists’ guests in the studio as the case may be) during their recording session in your studio.
II.6 Litigation Management between members.
REKYOU Ltd provides its Members access to an online payment service with amicable resolution of disputes. This service notably aims at settling any dispute relative to the cancellations of bookings.
The service of dispute settlement has no performance obligation in finding a solution to the disputes between its members.
If no amicable solution is found to the dispute between the Artist and the Manager, REKYOU Ltd reserves the right to retain the sums paid by the Artist until an amicable agreement is found between the Artist and Manager or until a final judicial decision is reached.
The booking resulting exclusively from the agreement reached between the Manager and Artist, the Users of the service (Managers as well as Artists) act under their sole responsibility.
On this basis, the effective functioning of the recording session offered by the Manager and agreed to by the Artist may not lead to any responsibility imputable to REKYOU Ltd, on any ground - service provided by REKYOU being a broker service.
REKYOU’s responsibility may not be engaged for any damage that would have resulted from :
REKYOU Ltd shall not be liable for any fraudulent use of payment by the Artist. In this event, no guarantee of payment shall be insured by REKYOU Ltd to the Manager.
Furthermore, no subordinate relationship shall exist between REKOU Ltd and the employees, or any other co-contracting party of the Manager, who is the sole party that must be held responsible for them.
The General Conditions of Use imply acknowledgement by the Manager that all payment of his social and fiscal contributions are up-to-date. REKYOU shall not neither responsible nor jointly responsible for any infringement on the Manager’s part of his social and fiscal obligations.
REKYOU Ltd tries its best to insure availability of the website around the clock. However service may be interrupted as part of maintenance operations, material or physical updating, emergency repairs of the website, or following an unusual event outside the control of REKYOU Ltd, such as failure of telecommunication links and equipment. REKYOU Ltd commits to taking any reasonable measure to limit these disruptions if imputable to the company.
Members acknowledge and agree that REKYOU Ltd shares no responsibility towards them for any unavailability, suspension or disruption of the Website or Service and may not be held liable for any direct or indirect prejudice, of any nature resulting from this fact.
In any case, and without prejudice of the dispositions exposed above and in all the other clauses related to the absence of liability of REKYOU Ltd, any liability that could be held against REKYOU Ltd may result only in the payment of damages limited to the amounts collected as Operating and Cancellation Fees.
Studio Managers are solely responsible for the set amount of their recording studio Announcement.
IV- Disruption and suspension of access to the service and/or website
In the event of failure to respect all or part of the GCU, you acknowledge and accept that REKYOU may, without notice, disrupt or discontinue, temporarily or permanently all or part of the Service or your access to the website (including notably your User Account)
VII- Processing of the personal data and of the website’s contents
VII.1 General dispositions
Mandatory set data in the electronic application form enabling access to User accounts and to the Services require accurate data on your part. Failure to provide such data or any answer deemed anomalous by REKYOU Ltd may lead to REKYOU’s refusal to take your subscription request into account.
The personal data collected by REKYOU Ltd as part of the services supplied on the Website are processed in accordance to the provisions of the simplified norm n°48 and of the Data Protection Act of 6 January 2004.
VII.2 Sharing of your personal data with a third party
In compliance with the provisions of the simplified norm n°48, REKYOU reserves the right to share all or part of the Members personal data in strict observance of said simplified norm n°48 and of the Data Protection Act of 6 January 2004.
Any use of personal data differing from the above-mentioned shall be formally subject to prior and explicit individual consent from Members.
In compliance with law 78-17 of 6 January 1978, REKYOU Ltd shall get Members’ consent for any data sharing with trading partners for direct marketing purposes, by means of a check box to be selection.
VII.3 Right to access, modify or opposition
In compliance with law 78-17 of 6 January 1978, members enjoy access and modification rights on their personal data through the webmaster of the site, to the exclusion of the personal data provided to REKYOU in the online subscription form that are exclusively yours to modify or update, in accordance with article VII.4 on “Personal Data Updating”.
In compliance with law 78-17 of 6 January 1978, Members are entitled to objecting free of charge to their personal data being used for commercial and solicitation purposes by REKYOU or by its trading partners. If opposition right is exercised for this specific reason and brought to REKYOU Ltd, this latter commits to transmit your opposition to its contractual trading partners to which the company may have had transmitted your personal data.
In compliance with law 78-17 of 6 January 1978, REKYOU ensures Members’ personal data, including the ones shared with potential trading partners, shall not be shared outside the boundaries of the European Union, without Members’ explicit prior consent stating otherwise.
In compliance with law 78-17 of 6 January 1978, REKYOU reserves the right to share Members’ personal data, either to honor a lawful obligation, or in application of a judicial or administrative decision or under orders of any independent administrative authority (such as the National Commission for Data Protection and Liberties)
VII.4 Updating of your personal data
By accepting these General Conditions of Use, members commit to, if need be, update their personal data.
Vous vous engagez en outre, à ce que les données personnelles vous concernant soient exactes, complètes et non équivoques. Vous pouvez à tout moment accéder, en utilisant sur le site votre mot de passe et votre login, à votre Compte Utilisateur contenant l'ensemble des données personnelles que vous avez fournies à REKYOU SAS. Members also agree to ensure that personal data is accurate, complete and unambiguous. Members may access at any time, by using their password and their login, their User Account holding all of the personal data provided to REKYOU Ltd.
VII.5 Security storage of Members’ personal data
In compliance with law 78-17 of 6 January 1978, REKYOU ensure they are taking necessary precaution, in regard to the type of information and risks related to its processing, to safeguard the security of the personal data, and, in particular, to prevent any distortion, damaging of the data, or a non-authorized third party from accessing it.
VII.7 Site Web Hosting
The Website host mentioned in article 1.1 “Scope of application and definitions” acts as a subcontractor to REKYOU in accordance with law 78-17 of 6 January 1978, only upon written instruction, and is not entitled to using Members’ personal data they may have access to, except for implementation of hosting technical performance and for database management, which is controlled by the contractual precondition signed between REKYOU and the webhost who shall not derogate to this Article.
VII.8 Intellectual property
The site REKOU.com is the property of REKYOU Ltd, as any element from the REKYOU Ltd Trade Mark.
Any reproduction, even partial is conditional to prior and explicit approval from REKYOU JOINT COMPANY.
Any creation of a hypertext link redirecting to a page differing from the site’s homepage is conditional to prior and explicit written approval by REKYOU Ltd.
Website visitors commit not to reproduce any element of the Site. Any use infringing the above-mentioned principles of all or part of the Site or any of its elements would be deemed counterfeiting and may lead to civil and/or criminal proceedings and expose the offender to the aforementioned penalties.
VII.9 Member-issued Contents
REKYOU Ltd does not take responsibility for member-issued contents.
It is particularly the case for the “Appointment Book” displaying information relative to public or private events, which constitutes information supplied by Members.
However, as soon as REKYOU shall be made aware of any Contents undermining a third party’s rights, REKYOU Ltd shall diligently try its hardest to delete without delay the litigious contents from the Website.
VII.10 Partner websites
By agreeing to these General Conditions of Use, members agree that the information provided upon subscription be published on the various websites owned by REKYOU.
REKYOU reserves the right to reproduce any information displayed on the Site or partner websites.
Announcements published on the websites edited or co-edited by REKYOU, may, in particular, be reproduced on other websites edited or co-edited by REKYOU or third parties.
VIII- Disputes and limitations
Studio Managers or Artists who have not requested for payment within six months is deemed to renounce this right. The therefore unclaimed sums shall be cashed in by REKYOU.
VIII.2 Competent Jurisdiction
If need be, the competent jurisdiction, in case of dispute, shall be considered as being the competent court of REYOU Ltd headquarters.
Drafted on December 12 2016.