Weezevent services terms and conditions of use

The pur­pose of these WEEZEVENT Terms and Con­di­tions of Use (here­inafter the “T&Cs”) is to define the respec­tive rights and respon­si­bil­i­ties of WEEZEVENT and the Event Organ­is­er (here­inafter the “Organ­is­er”).

By reg­is­ter­ing on the WEEZEVENT web­site, the Organ­is­er express­ly agrees to com­ply with these T&Cs, which will pre­vail over any oth­er doc­u­ment pro­vid­ed by the Organ­is­er in the event of conflict.

WEEZEVENT offers an online event tick­et­ing solu­tion through sev­er­al domains, sub­do­mains and alias­es (here­inafter the “Web­sites”) and makes this solu­tion avail­able to Organ­is­ers. It acts as an inter­me­di­ary and gives the Organ­is­ers the ben­e­fit of its exper­tise, its ser­vices and its equipment.

WEEZEVENT also offers a tick­et­ing solu­tion that can be used direct­ly by the Organ­is­er at the event venue. These T&Cs gov­ern the con­trac­tu­al rela­tion­ship between the Organ­is­er and WEEZEVENT (here­inafter the “Par­ties”).

ARTICLE 1: Subject of the contract

This con­tract gives WEEZEVENT the author­i­ty to pub­lish, man­u­fac­ture, sell and mar­ket tick­ets (here­inafter the “Tick­ets”) on behalf of the Organiser.

As such, WEEZEVENT acquires the book­ing con­tracts, admis­sion and reg­is­tra­tion rights (here­inafter “Admis­sion Rights”) from the Organ­is­er, which it offers to sell to the pub­lic. This inter­me­di­ary role only involves the pub­lic sale of Admis­sion Rights acquired by WEEZEVENT. The Organ­is­er retains full respon­si­bil­i­ty for the organ­i­sa­tion of the event vis-à-vis the buy­ers (here­inafter “the Participants”).

A Tick­et is the phys­i­cal man­i­fes­ta­tion of an Admis­sion Right. It allows Par­tic­i­pants to enter the event venue and ben­e­fit from the ser­vices offered by the Organiser.

With regard to the pro­vi­sion of equip­ment at the event venue and the cre­ation of Free Tick­ets, WEEZEVENT mere­ly acts as a ser­vice provider, invoic­ing its ser­vices to the Organ­is­er. The pro­vi­sions in these T&Cs are not affect­ed inso­far as they are com­pat­i­ble with the sta­tus of ser­vice provider.

Ser­vices offered by the WEEZEVENT solution

WEEZEVENT pro­vides the Organ­is­er with online man­age­ment soft­ware (here­inafter the “Soft­ware”) accessed via a username/password on WEEZEVENT web­sites. This Soft­ware allows the Organ­is­er to autonomous­ly set up or “con­fig­ure” any and all of their events under the terms and con­di­tions set out here­in. The Organ­is­er can also check the sta­tus of sales in real time.

At the express writ­ten request of the Organ­is­er, if accept­ed, WEEZEVENT can han­dle the con­fig­u­ra­tion of the event, in which case the Organ­is­er will need to pro­vide all nec­es­sary information.

This infor­ma­tion must be com­mu­ni­cat­ed with­in a rea­son­able time frame, agreed with WEEZEVENT, which will then require a min­i­mum peri­od of two work­ing days to update and post this infor­ma­tion online once it has been received.

The WEEZEVENT solu­tion also offers the oppor­tu­ni­ty to pro­mote events.

Tick­ets and deriv­a­tive prod­ucts are sold to Par­tic­i­pants through WEEZEVEN­T’s tech­ni­cal inter­faces. WEEZEVENT makes sure these are sent to Par­tic­i­pants and han­dles the asso­ci­at­ed pay­ments. The WEEZEVENT solu­tion also allows for the imple­men­ta­tion of phys­i­cal sales; sales cashed direct­ly by the Organ­is­ers. There is a spe­cif­ic Arti­cle about this method includ­ed in these T&Cs. WEEZEVENT gen­er­al­ly only sells online Tick­ets from its tech­ni­cal inter­faces and its own inter­net servers, even when the Organ­is­er has inte­grat­ed the con­trol mod­ule into a third par­ty web­site that calls WEEZEVEN­T’s servers.

The Organ­is­er may, how­ev­er, express­ly autho­rise WEEZEVENT to mar­ket the Tick­ets through its part­ner net­works, if and only if said Organ­is­er ticks the option pro­vid­ed for this pur­pose in the Soft­ware. WEEZEVENT will then be per­son­al­ly respon­si­ble for remu­ner­at­ing these net­works, which are free to set a final sale price high­er than that defined by the Organ­is­er in the Software.

WEEZEVENT is not held to any min­i­mum or pre­de­ter­mined guar­an­tee of Tick­et sales and the Organ­is­er alone bears the risk of unsold tickets.

The Organ­is­er pro­vides WEEZEVENT with a guar­an­teed Tick­et quo­ta, which may be increased. The Organ­is­er agrees not to sell or make avail­able to WEEZEVENT a num­ber of Admis­sion Rights high­er than the even­t’s actu­al host­ing capacity.

The Organ­is­er must under­take not to present the events in a man­ner that is like­ly to mis­lead Par­tic­i­pants (mis­lead­ing adver­tis­ing) or include false alle­ga­tions, claims or rep­re­sen­ta­tions (false adver­tis­ing). Please note that it is not up to WEEZEVENT to ver­i­fy whether such infor­ma­tion is true or whether or not it is like­ly to mis­lead the Par­tic­i­pant as to the nature of the pro­posed event.

ARTICLE 2: Fees and Prices of Tickets, Products and Services

The Organ­is­er alone deter­mines the sell­ing price of the Tick­ets and, where applic­a­ble, any Prod­ucts and/or Ser­vices cre­at­ed as option­al extras, and may apply addi­tion­al costs.

WEEZEVEN­T’s remu­ner­a­tion (here­inafter “Remu­ner­a­tion”) is based on the sell­ing price of the Tick­et and any option­al prod­ucts and/or ser­vices, to which fees can poten­tial­ly be added by the Organ­is­er. The amount of this Remu­ner­a­tion is giv­en in the Price List set out in the “Prices” sec­tion of the WEEZEVENT Websites.

Any changes to the Prices will be made under the con­di­tions pro­vid­ed for in Arti­cle 27 hereof.

It is express­ly agreed between the Par­ties that Remu­ner­a­tion will be owed in all cir­cum­stances. So, if for any rea­son, the Organ­is­er was required to refund the Tick­et price to Par­tic­i­pants, WEEZEVENT would still be enti­tled to keep the Remuneration.

Unless stat­ed oth­er­wise, remu­ner­a­tion as deter­mined in the sec­ond para­graph of this Arti­cle includes Val­ue Added Tax, in com­pli­ance with tax standards.

Pro­vid­ed that such remu­ner­a­tion is men­tioned in the Price List, the Organ­is­er autho­ris­es WEEZEVENT to charge the Par­tic­i­pants a book­ing fee, the entire amount of which is retained by WEEZEVENT. WEEZEVENT will be per­son­al­ly respon­si­ble for col­lect­ing such fees.

WEEZEVENT may also receive Remu­ner­a­tion for free Tick­ets and for Tick­ets gen­er­at­ed by the Soft­ware result­ing in direct earn­ings for the Organ­is­er. This Remu­ner­a­tion will be includ­ed in the Price List.

WEEZEVENT may pro­pose addi­tion­al ser­vices to the Par­tic­i­pants when they pur­chase a Tick­et, such as can­cel­la­tion insur­ance, accom­mo­da­tion solu­tions, etc. It is spec­i­fied that WEEZEVENT will be respon­si­ble for the remu­ner­a­tion of the third par­ty ser­vices pro­vid­ing these ser­vices, as well as for its own remu­ner­a­tion. It is spec­i­fied that all these options offered to the Par­tic­i­pants can be deac­ti­vat­ed at any time by the Organizer.

ARTICLE 3: Financial Provisions

Payment of Ticket earnings

Organ­is­ers will be paid, based on the sales made, every two weeks on the 1st and 16th of each month. Bear­ing in mind unavoid­able inter-bank delays and work­ing days, the Organ­is­ers are usu­al­ly cred­it­ed between 1 and 3 days after the 1st and 16th of the month. There may be an addi­tion­al delay to the first pay­ment because of con­trol and secu­ri­ty operations.

Each event will gen­er­ate a sales sum­ma­ry. The Organ­is­er can access the sales sum­ma­ry via the Soft­ware at any time.

The Organ­is­er is required to raise any objec­tions about the pay­ments made by WEEZEVENT with­out delay and at the lat­est four weeks after the pay­ment has been paid. In the absence of any objec­tion, the pay­ment is con­sid­ered as defin­i­tive and WEEZEVENT may no longer be held liable.

Note that WEEZEVENT can­not make a pay­ment if the Organ­is­er’s bank details are left emp­ty, incom­plete, erro­neous, or in a cur­ren­cy dif­fer­ent from that of the sales made.

Withholding Ticket earnings

In addi­tion, WEEZEVENT reserves the right not to make a pay­ment if it has any doubts about the enti­ty receiv­ing the funds: account reg­is­tered abroad, lack of infor­ma­tion, etc. Please note that WEEZEVEN­T’s ser­vices can­not be used for fraud­u­lent or dis­hon­est purposes.

If any such doubts arise, WEEZEVENT may uni­lat­er­al­ly retain the Tick­et earn­ings, and will inform the Organ­is­er by email with­in a rea­son­able time frame from the day on which it makes the deci­sion to block the payment.

In this case, WEEZEVENT will with­hold the Tick­et earn­ings until the iden­ti­ty of the ben­e­fi­cia­ry of the account has been proven.

Sim­i­lar­ly, and under the same con­di­tions, WEEZEVENT reserves the right to with­hold the pay­ment of amounts due until the event has been suc­cess­ful­ly held, where there are legit­i­mate con­cerns as to the run­ning of the event: event with sig­nif­i­cant risk of can­cel­la­tion, event that may be in con­tra­ven­tion to pub­lic order rules, etc.

Under the same con­di­tions, WEEZEVENT reserves the right to with­hold the pay­ment of earn­ings due until the event has been suc­cess­ful­ly held if it has legit­i­mate doubts about the rights to dis­trib­ute Tick­ets for the event: Organ­is­er that does­n’t hold all the nec­es­sary authorisations/permits for the event, mis­lead­ing adver­tis­ing, clear absence of the rights to stage a per­for­mance, etc.

In the cas­es pro­vid­ed for in the pre­ced­ing para­graphs, WEEZEVENT may ask the Organ­is­er to pro­vide doc­u­men­ta­tion attest­ing to the real­i­ty and seri­ous­ness of the organ­i­sa­tion of the event: rental agree­ment, coun­cil autho­ri­sa­tion, incor­po­ra­tion cer­tifi­cate, proof of res­i­dence of the per­son in charge, ID of the Organ­is­er, etc.

Under no cir­cum­stances will the pro­vi­sion of these doc­u­ments be deemed suf­fi­cient to guar­an­tee the pay­ment of the amounts con­cerned. Where there is legit­i­mate doubt about an event or about the Organ­is­er, the Tick­ets earn­ings will be kept by WEEZEVENT pend­ing the suc­cess­ful com­ple­tion of the event or pend­ing a refund to Par­tic­i­pants. WEEZEVENT reserves the right to make con­tact with one or more Par­tic­i­pants to ver­i­fy state­ments from the Organiser.

It is agreed and accept­ed by the Par­ties that the right to with­hold the Tick­et earn­ings is also applic­a­ble in the event that an Organ­is­er has set up sev­er­al events via WEEZEVENT. This means that if WEEZEVENT has any doubts about the actu­al hold­ing of any sin­gle one of an Organ­is­er’s Events or the Organ­is­er’s right to dis­trib­ute Tick­ets for any of its Events, WEEZEVENT is autho­rised to with­hold any and all amounts owing to the Organ­is­er, includ­ing those relat­ing to oth­er Events.

Invoicing Agreement

The Par­ties express­ly agree that by accept­ing these T&Cs, the Organ­is­er autho­ris­es WEEZEVENT to draw up its own invoic­es. The state­ment of accounts referred to in this Arti­cle is the invoice issued in the name and on behalf of the Organ­is­er. In this regard, and in accor­dance with the tax pro­vi­sions in force, please note that the Organiser/principal retains full respon­si­bil­i­ty for its invoic­ing duties and their con­se­quences with regard to VAT. The Organ­is­er is remind­ed that the four-week peri­od stip­u­lat­ed in para­graph 3 of this Arti­cle also applies to chal­leng­ing the con­tent of invoic­es. The Organiser/principal makes a firm com­mit­ment to pay all tax­es shown on the invoic­es, to imme­di­ate­ly request copies of invoic­es if they have not received a copy, and to noti­fy WEEZEVENT of any changes to its com­pa­ny details.

The invoic­ing agree­ment with WEEZEVENT in no way exon­er­ates the Organ­is­er with regard to its tax oblig­a­tions. The Organ­is­er con­firms hav­ing been made ful­ly aware that invoic­es issued in its name and on its behalf must include the same word­ing as those issued direct­ly by itself. The Organ­is­er under­takes to inform WEEZEVENT with­out delay of any manda­to­ry infor­ma­tion con­cern­ing the com­pa­ny that may not appear on the invoic­es. To ful­ly com­ply with the tax reg­u­la­tions applic­a­ble to it and in the even­tu­al­i­ty that WEEZEVENT is unable — for any rea­son what­so­ev­er, includ­ing those pro­vid­ed for in these T&Cs — to pay earn­ings to the Organ­is­er for a peri­od of more than 24 months, WEEZEVENT will be forced to record these sums in its tax base, and the amounts will no longer be payable.

Where applic­a­ble, an email noti­fi­ca­tion sys­tem will inform the Organ­is­er of any pay­ment delays, detail­ing the rea­sons for this inabil­i­ty to pay, whether tech­ni­cal and/or admin­is­tra­tive, as well as the action they need to take to ensure that pay­ment can be resumed as soon as pos­si­ble. Organ­is­ers can con­tact WEEZEVEN­T’s invoic­ing depart­ment for any help or clar­i­fi­ca­tion needed.

ARTICLE 4: Unpaid amounts

WEEZEVENT is only liable to the Organ­is­er for the prop­er per­for­mance of its duties as an inter­me­di­ary, i.e. the sale of Tick­ets to Par­tic­i­pants. This means that WEEZEVENT can­not be held respon­si­ble for any fault on the part of Par­tic­i­pants, includ­ing any fail­ure to pay the Tick­et price. The Organ­is­er must there­fore agree, with­out excep­tion, to cov­er any cred­it card pay­ment rejec­tions that may occur (here­inafter “Unpaid Amounts”), what­ev­er the reason.

An online deb­it or cred­it card trans­ac­tion can become unpaid when the card­hold­er informs their bank that a trans­ac­tion has not been autho­rised or that an order has not been deliv­ered. Pay­ment rejec­tions are usu­al­ly the result of card can­cel­la­tions fol­low­ing a theft or loss. They may also occur when the trans­ac­tion is not recog­nised on the card­hold­er’s bank state­ment, or may some­times involve mis­use. In the event of a failed pay­ment, the card­hold­er’s bank, pos­si­bly after a deci­sion by the card net­work (Visa, Mas­ter­card, etc.), can­cels the trans­ac­tion and deb­its the WEEZEVENT bank account for the amount of the can­celled transaction.

The Organ­is­er express­ly agrees to assume the risk of Unpaid Amounts and shall not hold WEEZEVENT liable, in any capac­i­ty what­so­ev­er, in the event an amount is unpaid.

Should an Unpaid Amount occur, if the sum has already been paid to the Organ­is­er, WEEZEVENT will attempt to con­tact the Par­tic­i­pant to try and find an ami­ca­ble solu­tion. WEEZEVEN­T’s attempts to nego­ti­ate with the Par­tic­i­pant do not mean it is respon­si­ble for achiev­ing a spe­cif­ic out­come, since the pri­or­i­ty for WEEZEVENT is to find a quick ami­ca­ble res­o­lu­tion to the Unpaid Amount while remind­ing the Par­tic­i­pant of their oblig­a­tions.  After a peri­od of one month from the date of noti­fi­ca­tion of an Unpaid Amount by the bank, and if the amount remains unpaid, WEEZEVENT will invoice the Organ­is­er for the unpaid amount, since WEEZEVEN­T’s remu­ner­a­tion, as defined in Arti­cle 2 here­of, remains in place.

WEEZEVENT makes use of all the tech­ni­cal sys­tems that can cur­rent­ly be rea­son­ably used by e‑commerce oper­a­tors to pro­tect them­selves, and to pro­tect the Organ­is­er, against the risk of Unpaid Amounts. The Organ­is­er express­ly agrees that WEEZEVENT can­not be held liable for any fail­ure of these sys­tems, which it also declares to be per­fect­ly famil­iar with, par­tic­u­lar­ly in con­nec­tion with the use of stolen for­eign cards. Also, in the con­text of rela­tions between WEEZEVENT and the Organ­is­er, it is express­ly agreed that the Organ­is­er’s guar­an­tee against unpaid amounts is due in all cir­cum­stances. In return, WEEZEVENT will work active­ly with the Organ­is­er to assist with col­lec­tion from the Par­tic­i­pant, par­tic­u­lar­ly in terms of any rel­e­vant infor­ma­tion it may hold and, in com­pli­ance with legal pro­vi­sions, may be able to pass on. The Organ­is­er here­by agrees to com­pen­sate WEEZEVENT for any expens­es incurred, what­ev­er they may be, when recov­er­ing unpaid amounts.

ARTICLE 5: Registration of an event by the Organiser

It is express­ly agreed between the Par­ties that the cre­ation of an event on the Soft­ware auto­mat­i­cal­ly grants WEEZEVENT the autho­ri­sa­tion to mar­ket the Tick­ets accord­ing to the quo­tas set. At each event cre­ation, the Organ­is­er will define the Tick­et quo­tas, the dates and times of the event and the Tick­et Sale Price.

ARTICLE 6: The Organiser’s Terms and Conditions

The Organ­is­er may dis­trib­ute its own terms and con­di­tions of sale to the Par­tic­i­pants via the WEEZEVENT interface.

In the event of a con­flict between the claus­es of these terms and the T&Cs bind­ing WEEZEVENT to the Par­tic­i­pants, WEEZEVEN­T’s terms and con­di­tions shall prevail.

ARTICLE 7: Event cancellation or changes — Refunding Participants

Cancellation

If an event is mod­i­fied sig­nif­i­cant­ly (changes to the date, time, event loca­tion or line-up) when Tick­ets have already been sold or are still on sale, the Organ­is­er must inform WEEZEVENT with­out delay.

The Organ­is­er shall assume full respon­si­bil­i­ty when the changes to an event are such that it is con­sid­ered by these T&Cs and by applic­a­ble leg­is­la­tion to con­sti­tute can­cel­la­tion of the event.

Refund Obligation

WEEZEVENT would like to remind Organ­is­ers that the oblig­a­tion to reim­burse Par­tic­i­pants the full tick­et price paid in the event of a can­celled event is a per­son­al oblig­a­tion of the Organ­is­er’s legal representative.

The Organ­is­er express­ly autho­ris­es WEEZEVENT to pro­ceed with refunds using the amounts owed to it, for what­ev­er rea­son. WEEZEVENT may pro­ceed with a refund for a giv­en event, using amounts owing for oth­er Events organ­ised by the Organ­is­er. If these amounts are insuf­fi­cient, the Organ­is­er agrees to pro­vide WEEZEVENT with the nec­es­sary funds to reim­burse the Par­tic­i­pants and irrev­o­ca­bly guar­an­tees WEEZEVENT against any and all claims from the Par­tic­i­pants. In the same con­text, WEEZEVENT will also be autho­rised to com­mu­ni­cate with Par­tic­i­pants, giv­ing them the con­tact details and any rel­e­vant infor­ma­tion about the Organ­is­er so that the Par­tic­i­pants can request a refund direct­ly from the Organ­is­er itself.

In the event of a refund, the Remu­ner­a­tion owed by the Organ­is­er to WEEZEVENT will be retained by the latter.

Note that in addi­tion, and in accor­dance with the Price List, the can­cel­la­tion of an event gives rise to the invoic­ing of addi­tion­al can­cel­la­tion fees.

Refund at the request of the Organiser

In the event of post­pone­ment, sub­stan­tial mod­i­fi­ca­tion or can­cel­la­tion of an event, the Organ­is­er may express­ly request that WEEZEVENT pro­ceed with the total or par­tial reim­burse­ment of Par­tic­i­pants for all or part of the Tick­ets already sold, with­out hav­ing to give any rea­son. In this case, and assum­ing WEEZEVENT is not already in pos­ses­sion of the amount its needs to pro­ceed with the refund, for what­ev­er rea­son, the Organ­is­er must pay WEEZEVENT the sums nec­es­sary to pro­ceed with the refund. Note that in the event of a refund at the ini­tia­tive of the Organ­is­er, WEEZEVEN­T’s Remu­ner­a­tion will be retained.

Refund Insurance

WEEZEVENT may, at its dis­cre­tion, ask the Organ­is­er to take out insur­ance to cov­er the cost of refund­ing Par­tic­i­pants, before enter­ing into the con­tract or dur­ing the per­for­mance of the lat­ter. WEEZEVENT will have to be des­ig­nat­ed as the ben­e­fi­cia­ry of the insur­ance so that it receives the nec­es­sary com­pen­sa­tion to pro­ceed with the refund.

The insur­ance pol­i­cy needs to cov­er all cas­es of can­cel­la­tion, includ­ing post­pone­ment or sub­stan­tial mod­i­fi­ca­tion of the event, whether the Organ­is­er is respon­si­ble or not.

Even when can­cel­la­tion insur­ance is tak­en out, WEEZEVENT may with­hold all amounts owing to the Organ­is­ers, in accor­dance with the Arti­cle on “WITHOLDING TICKET EARNINGS” until the event(s) con­cerned take place.

Fraudulent use — Security deposit

The Soft­ware must not be used for fraud­u­lent pur­pos­es or by unscrupu­lous Organ­is­ers, so WEEZEVENT reserves the right to with­hold Tick­et earn­ings until the events organ­ised by the Organ­is­er have been suc­cess­ful­ly held, in accor­dance with the pro­vi­sions of Arti­cle 3 of these T&Cs on “With­hold­ing Tick­et earn­ings in cas­es of legit­i­mate doubt”. In addi­tion to this pos­si­bil­i­ty, before any mar­ket­ing, or while mar­ket­ing the event, WEEZEVENT reserves the right to request a per­son­al deposit from the Organ­is­er to guar­an­tee the return of tick­et earn­ings and the pay­ment of can­cel­la­tion fees. The guar­an­tee may also, and where applic­a­ble, be request­ed from any bank­ing insti­tu­tion or nat­ur­al or legal per­son whose res­i­dence or reg­is­tered office is locat­ed in France, whether or not said per­son is part of the organ­i­sa­tion of the Event.  WEEZEVENT reserves the right to request any use­ful doc­u­ments to study the guar­an­tees pro­vid­ed as well as the right to refuse guar­an­tees from cer­tain persons.

ARTICLE 8: Intellectual property

WEEZEVENT’s rights

WEEZEVENT retains own­er­ship of the design of the Web­site and the Soft­ware that it has built. The Organ­is­er acknowl­edges that the Tick­et­ing Soft­ware is an intel­lec­tu­al work that it and its staff mem­bers are required con­sid­er as such, by refrain­ing from copy­ing or repro­duc­ing it in whole or in part by any means and in any form, tran­scrib­ing it or trans­lat­ing it into any oth­er lan­guage, or adapt­ing or adding to it any object that does not com­ply with its specifications.

Any con­tent aside from that which may be post­ed by the Organ­is­er that is includ­ed or acces­si­ble on and/or through the WEEZEVENT Web­sites, includ­ing any text, graph­ics, logos, names, trade­marks, des­ig­na­tions, tabs, fea­tures, images, audio, data , pho­tos or any oth­er mate­r­i­al or Soft­ware (here­inafter the “WEEZEVENT Con­tent”) is the exclu­sive prop­er­ty of WEEZEVENT and is pro­tect­ed by intel­lec­tu­al prop­er­ty law and all oth­er leg­is­la­tion in force.

The WEEZEVENT Con­tent may only be used and exploit­ed by WEEZEVENT and/or its licensees and any oth­er use of it, except with the express agree­ment of WEEZEVENT, rep­re­sents an infringement.

The WEEZEVENT Con­tent must not be down­loaded, copied, altered, mod­i­fied, delet­ed, dis­trib­uted, trans­mit­ted, broad­cast, rent­ed, sold, con­ced­ed or exploit­ed, in whole or in part and in any man­ner what­so­ev­er, with­out WEEZEVEN­T’s express writ­ten consent.

Hosting the Organiser Content

By mak­ing Con­tent avail­able on the WEEZEVENT Web­sites (here­inafter the “Organ­is­er Con­tent”), the Organ­is­er agrees that oth­er Organ­is­ers, the Pub­lic or Par­tic­i­pants, may, for free and for per­son­al use only, view and share the Organ­is­er Con­tent on the WEEZEVENT Web­sites or on oth­er elec­tron­ic com­mu­ni­ca­tion media (espe­cial­ly mobile phones) for as long as said Con­tent is host­ed on the WEEZEVENT Websites.

For as long as the Organ­is­er Con­tent is host­ed on the WEEZEVENT Web­sites and as part of the fea­tures allow­ing the WEEZEVENT Web­sites to be accessed on the inter­net or oth­er elec­tron­ic com­mu­ni­ca­tion media, the Organ­is­er autho­ris­es WEEZEVENT to repro­duce and/or rep­re­sent its con­tent and, if nec­es­sary, adapt the for­mat for this purpose.

Note that giv­en the speci­fici­ties of the inter­net, WEEZEVENT may not be held liable for any mis­use or pira­cy of con­tent pro­vid­ed by the Organ­is­er to WEEZEVENT. The Organ­is­er is required to take all nec­es­sary mea­sures to pro­tect its Con­tent and data.

How­ev­er, it is impor­tant to remem­ber that the data fea­tured on the WEEZEVENT Website(s) is only acces­si­ble by third par­ties for the pur­pos­es of mar­ket­ing WEEZEVENT tick­ets and oth­er ser­vices. As such, WEEZEVENT does not autho­rise any­one, whether or not they are a user of the ser­vices, to use this data in a con­text oth­er than the appli­ca­tion of this contract.

ARTICLE 9: Responsibility for content uploaded by the Organiser

In adding con­tent (text, images, videos, dig­i­tal files or any oth­er mate­r­i­al) to the WEEZEVENT Web­sites, the Organ­is­er is bound by the legal and reg­u­la­to­ry pro­vi­sions in force. As a result, it is the Organ­is­er’s respon­si­bil­i­ty to ensure that the stor­age and dis­tri­b­u­tion of this con­tent via WEEZEVEN­T’s Web­sites does not rep­re­sent a vio­la­tion of any third par­ty rights for which it does not have the nec­es­sary authorisation.

It is for­bid­den to use WEEZEVEN­T’s ser­vices to organ­ise ille­gal or for­bid­den events.

Dis­sem­i­na­tion of con­tent that is not con­sis­tent with accept­ed stan­dards of behav­iour and pub­lic order is pro­hib­it­ed. In par­tic­u­lar, it is for­bid­den to use WEEZEVEN­T’s host­ing ser­vices to dis­trib­ute con­tent or infor­ma­tion that may incite dis­crim­i­na­tion, hatred or vio­lence towards a per­son or group of peo­ple because of their mem­ber­ship or non-mem­ber­ship in a par­tic­u­lar race, reli­gion, or nation or that insults the vic­tims of crimes against human­i­ty by deny­ing the exis­tence of these crimes or by apol­o­gis­ing for them. It is also pro­hib­it­ed to dis­trib­ute humil­i­at­ing or defam­a­to­ry con­tent as well as porno­graph­ic con­tent or con­tent infring­ing the legal pro­vi­sions relat­ing to the pro­tec­tion of children.

In the event that the con­tent dis­trib­uted vio­lates the rules laid out in the pre­ced­ing para­graphs, the Organ­is­er Con­tent may be with­drawn and the Organ­is­er’s account deac­ti­vat­ed, with­out pri­or notice and with­out prej­u­dice to any fur­ther damages.

WEEZEVENT may not be held liable for the con­tent, data or infor­ma­tion pro­vid­ed by the Organ­is­er, dis­sem­i­nat­ed via its websites.

As a con­tent host, WEEZEVEN­T’s sole oblig­a­tions are to com­bat cer­tain con­tent, pro­tect the login data of Par­tic­i­pants and Organ­is­ers (which must also be kept con­fi­den­tial and processed in com­pli­ance with data pro­tec­tion laws), and remove any man­i­fest­ly illic­it con­tent as soon as the exis­tence of said con­tent has been brought to its attention.

ARTICLE 10: Interruption of Services

In the event of a sched­uled ser­vice inter­rup­tion for the pur­pos­es of main­te­nance, secu­ri­ty or stor­age man­age­ment, WEEZEVENT will inform the Organ­is­er with­in a rea­son­able time frame before the inter­rup­tion. In WEEZEVENT will also indi­cate the fore­see­able dura­tion of this kind of ser­vice inter­rup­tion. WEEZEVENT will do its utmost to sched­ule such main­te­nance oper­a­tions between 1am and 5am, so as to min­imise their impact on the acces­si­bil­i­ty of the Tick­et­ing service.

WEEZEVENT under­takes to inform the Organ­is­er, through the web­site status.weezevent.com as soon as it becomes aware of any tech­ni­cal issues affect­ing its tick­et­ing sys­tem and like­ly to cause an inter­rup­tion of more than twen­ty-four (24) hours, so that the Organ­is­er can make any nec­es­sary arrange­ments, includ­ing sell­ing the Tick­ets allo­cat­ed to WEEZEVENT itself and/or via oth­er dis­tri­b­u­tion chan­nels. WEEZEVENT may not be held liable for any unplanned and non-neg­li­gent inter­rup­tion of ser­vices. In the event of such a case of force majeure, WEEZEVENT will do its utmost to restore the ser­vices as soon as possible.

Sim­i­lar­ly, the Organ­is­er agrees to noti­fy WEEZEVENT as soon as it notices or becomes aware of a mal­func­tion of the WEEZEVENT Services.

ARTICLE 11: Organiser Statements and Warranties

The Organ­is­er cer­ti­fies that it holds:

  • all rights, includ­ing the intel­lec­tu­al prop­er­ty and exploita­tion rights required for any works or oth­er mate­ri­als used for pro­mo­tion­al pur­pos­es or at the event itself,
  • the right to dis­trib­ute Tick­ets relat­ed to the event. The Organ­is­er con­firms that it is not bound by any exclu­siv­i­ty agree­ment con­cern­ing the sale of the Tick­ets and guar­an­tees WEEZEVENT against any third-par­ty claims in this respect,
  • all the autho­ri­sa­tions required to organ­ise the event for which the Tick­ets will be sold by WEEZEVENT, and in par­tic­u­lar the enter­tain­ment pro­mot­ers’ per­mit when this is mandatory.

The Organ­is­er guar­an­tees WEEZEVENT for any claims that may be made against it in this regard.

The Organ­is­er cer­ti­fies that it holds the rights to use any images and text that it sends to WEEZEVENT or posts online on WEEZEVEN­T’s Web­sites. In this respect, it guar­an­tees WEEZEVENT against any third-par­ty claims, includ­ing any action for infringe­ment, as a result of such use on the WEEZEVENT websites.

The Organ­is­er express­ly declares to WEEZEVENT that it is not con­trac­tu­al­ly bound to any third par­ty and may freely use WEEZEVEN­T’s ser­vices in accor­dance with these terms.

The Organ­is­er declares that it will han­dle all the admin­is­tra­tive and fis­cal pro­ce­dures nec­es­sary to organ­ise the event and the pay­ment of all tax­es and duties relat­ed thereto.

The Organ­is­er declares that it is respon­si­ble for the prop­er organ­i­sa­tion and smooth run­ning of the event. As such, it under­takes to com­ply with all applic­a­ble reg­u­la­tions in this mat­ter and in par­tic­u­lar with regard to safe­ty, reg­u­la­tions on drink­ing estab­lish­ments, and pro­vi­sions relat­ing to labour.

The Organ­is­er express­ly autho­ris­es WEEZEVENT to use its name and/or logo or that of its events as a ref­er­ence. This autho­ri­sa­tion applies to all WEEZEVENT com­mer­cial com­mu­ni­ca­tions regard­less of the media, through­out the dura­tion of the con­tract. When this con­tract expires, the Organ­is­er, if it wish­es, may request the with­draw­al of any such ele­ments used in these com­mu­ni­ca­tions, giv­ing as much detail as pos­si­ble. Upon receipt of this request, WEEZEVENT, inso­far as it is able, will make the request­ed changes with­in a rea­son­able time frame.

The Organ­is­er declares that it has full legal capac­i­ty to enter into this agree­ment. It con­firms that it has not been the sub­ject in the past, nor is it cur­rent­ly the sub­ject of, any pro­ce­dure such as safe­guard­ing, restruc­tur­ing or liq­ui­da­tion. Indi­vid­ual Organ­is­ers and nat­ur­al per­sons declare that they are not sub­ject to any per­son­al debt or bank­rupt­cy pro­ce­dure. They fur­ther under­take to noti­fy WEEZEVENT with­out delay of any cir­cum­stance that may affect their legal capac­i­ty or their finan­cial capac­i­ty such as, with­out this list being exhaus­tive, insol­ven­cy, appoint­ment of an ad hoc proxy, or a con­cil­i­a­tion, safe­guard­ing, recov­ery or liq­ui­da­tion procedure.

The fore­go­ing state­ment is cer­ti­fied by the nat­ur­al per­son sign­ing this con­tract on behalf of the legal enti­ty Organ­is­er. This per­son also declares that they have nev­er been in charge of or asso­ci­at­ed with, in any capac­i­ty what­so­ev­er, a com­pa­ny that has been the sub­ject of one of the pro­ce­dures referred to in the pre­vi­ous para­graph. In the event of mis­rep­re­sen­ta­tion, the sig­na­to­ry of this agree­ment bind­ing a legal enti­ty will assume per­son­al­ly and joint­ly with the Organ­is­er all the con­se­quences of this mis­rep­re­sen­ta­tion, since WEEZEVENT intends for its ser­vices to be used by nat­ur­al per­sons and legal enti­ties that present no risk of insolvency.

ARTICLE 12: Obligations of WEEZEVENT

As part of trans­fer­ring the Tick­ets, WEEZEVENT under­takes to pub­lish the Tick­ets itself, in accor­dance with the event para­me­ters set by the Organ­is­er or by itself when the Organ­is­er has asked it to han­dle the event cre­ation accord­ing to giv­en instructions.

WEEZEVENT under­takes to com­ply with all legal pro­vi­sions relat­ing to tick­et pub­li­ca­tion and in par­tic­u­lar to com­ply with the pro­vi­sions includ­ed in the gen­er­al tax code. As such, it agrees to send the Organ­is­er, should they request it, all nec­es­sary infor­ma­tion for describ­ing the tick­et­ing sys­tem in place, in accor­dance with Arti­cle 8 of the French Decree of 5 Octo­ber 2007 relat­ing to enter­tain­ment pro­mot­ers for shows with an entry price.

WEEZEVENT shall com­ply with all the pro­vi­sions of the afore­men­tioned Decree of 5 Octo­ber 2007, in par­tic­u­lar by:

  • pub­lish­ing Tick­ets in accor­dance with the leg­is­la­tion; These Tick­ets must con­tain the fol­low­ing details either clear­ly marked or in the form of cod­ed infor­ma­tion: the pro­mot­er ID, the name of the show/event and, where applic­a­ble, the num­ber of the per­for­mance to which the Tick­et gives access, the seating/entry cat­e­go­ry to which it gives access, the total price paid by the Par­tic­i­pant or the men­tion of free admis­sion, the trans­ac­tion num­ber assigned by the tick­et­ing sys­tem, and, in the case of pre­sale, iden­ti­fi­ca­tion of the per­for­mance for which the Tick­et is valid as well as the date and place of sale;
  • ensur­ing the reten­tion of data relat­ing to the issue of Tick­ets for the required legal peri­od and allow­ing the Organ­is­er to access said data in the event of an inspec­tion or audit.

WEEZEVENT will keep records of tak­ings in their orig­i­nal con­tent and in chrono­log­i­cal order. It will pub­lish in real time a state­ment of the num­ber of tick­ets issued for each admission/seating cat­e­go­ry, the price of the admis­sions and the cor­re­spond­ing earn­ings. This state­ment will be acces­si­ble online via the Software.

WEEZEVENT is com­mit­ted to ensur­ing the con­fi­den­tial­i­ty of all infor­ma­tion des­ig­nat­ed as confidential.

Where nec­es­sary, WEEZEVENT under­takes to inform the Organ­is­er, with­out delay, of any dif­fi­cul­ty it encoun­ters in the sale of the Tickets.

ARTICLE 13: Disclaimers

WEEZEVENT may not be held liable for any prob­lems the Organ­is­er may have access­ing the Online Soft­ware or for its cus­tomers’ inabil­i­ty to access the online pur­chas­ing sys­tem due to dif­fi­cul­ties relat­ed to the inter­net net­work or for any oth­er rea­son out­side of its control.

WEEZEVENT may not be held respon­si­ble for poor con­fig­u­ra­tion of the Online Soft­ware by the Organiser.

WEEZEVENT also makes no war­ranties — express, implied, statu­to­ry or oth­er­wise — and excludes in par­tic­u­lar any guar­an­tee regard­ing the abil­i­ty of its ser­vices to meet the Organ­is­er’s spe­cif­ic expec­ta­tions or needs.

ARTICLE 14: Obligations of the Organiser

Admitting Participants

The Organ­is­er com­mits to accept­ing all the Tick­ets (vouch­ers and Indi­vid­ual Tick­ets) issued by WEEZEVEN­T’s elec­tron­ic Tick­et­ing sys­tem, pre­sent­ed to it dur­ing the event it is organising.

In accor­dance with applic­a­ble leg­is­la­tion, the Organ­is­er agrees to exchange Group Tick­ets (sin­gle tick­et grant­i­ng Admis­sion Rights to sev­er­al par­tic­i­pants) which are tech­ni­cal­ly vouch­ers, for indi­vid­ual Tick­ets when these vouch­ers are pre­sent­ed at the event concerned.

The Organ­is­er must indi­cate, when cre­at­ing the event in the Soft­ware, whether any sup­port­ing doc­u­ments are required for admit­tance to the event venue in accor­dance with the prices it has set, and WEEZEVENT com­mits to inform­ing its users, as long as the Organ­is­er has con­fig­ured the soft­ware cor­rect­ly. The Organ­is­er must also indi­cate any restric­tions to the Admis­sion Rights, such as a Buy­er age lim­it or allowance, and WEEZEVENT under­takes to inform its users.

Compliance with tax regulations

The Organ­is­er com­mits to act­ing in com­pli­ance with the tax reg­u­la­tions gov­ern­ing the events it organ­is­es. In this respect, under its own respon­si­bil­i­ty, the Organ­is­er must indi­cate in the soft­ware the rate of VAT that WEEZEVENT will have to apply to Tick­et sales and its Remu­ner­a­tion. Also, it is express­ly agreed and accept­ed that the Organ­is­er will guar­an­tee WEEZEVENT against any penal­ties or con­vic­tions that may be issued against it due to non-com­pli­ance with tax reg­u­la­tions in force.

The Organ­is­er, under its own respon­si­bil­i­ty, also com­mits to noti­fy­ing the Direc­tion Régionale des Droits Indi­rects (Region­al Depart­ment of Indi­rect Duties) it reports to for sports events or the Direc­tion Générale des Finances Publiques (Gen­er­al Depart­ment of Pub­lic Finance) for oth­er events, that it is set­ting up the tick­et­ing sys­tem, pri­or to its first use.

General Requirements

The Organ­is­er is required to keep its login details and the pass­word used to set up the event secret and under no cir­cum­stances may WEEZEVENT be held liable in the event of fraud­u­lent use there­of. In par­tic­u­lar, it must ensure that the bank details indi­cat­ed are cor­rect and that they have not been modified.

Organ­is­ers that are legal enti­ties are required to inform WEEZEVENT with­out delay of any change to their name or cor­po­rate name, their offi­cial address, the reg­is­tered office of the com­pa­ny or char­i­ty or their billing address, the legal nature of their busi­ness, their bank details and VAT num­ber. Organ­is­ers that are nat­ur­al per­sons are held to the same oblig­a­tions con­cern­ing changes in cir­cum­stances. Noti­fi­ca­tion of such changes must be made in writ­ing in the Software.

The Organ­is­er also under­takes to inform WEEZEVENT of any event like­ly to lead to the can­cel­la­tion of the Event.

The Organ­is­er com­mits more gen­er­al­ly not to act in such a way as to under­mine WEEZEVEN­T’s brand image, and most impor­tant­ly must ful­fil its oblig­a­tions towards Par­tic­i­pants dur­ing the event.

The Organ­is­er declares to be aware that in the minds of cer­tain Par­tic­i­pants, WEEZEVENT could be assim­i­lat­ed with itself. Con­se­quent­ly, it under­takes not to under­mine WEEZEVEN­T’s cred­i­bil­i­ty or image, or will run the risk of damages.

ARTICLE 15: Internet Rerouting — Advertising — Distinctive Trademarks and Signs — Widget

To sell the Tick­ets, the Organ­is­er may set up a hyper­text link on its own web­site www.ORGANISATEUR.fr redi­rect­ing users to WEEZEVEN­T’s tech­ni­cal solu­tions so that inter­net users can make their book­ing online. In this case, the Online Tick­et­ing is accessed from the home page of the www.ORGANISATEUR.fr web­site or from any sec­tion ded­i­cat­ed to Ticketing.

The Organ­is­er can also include a WEEZEVENT Wid­get direct­ly on its page. In this case, Par­tic­i­pants will place the order direct­ly on the Organ­is­er’s website.

Redi­rec­tion to Organ­is­er’s web­site or to a WEEZEVENT mini-site does not affect these con­trac­tu­al terms.

ARTICLE 16: Sponsorship — Referrals

WEEZEVENT has set up a refer­ral scheme where­by an exist­ing Organ­is­er (referred to in this Arti­cle as “the Refer­ring Par­ty”) can rec­om­mend WEEZEVENT to a new Organ­is­er (here­inafter “the Ref­er­ee”) and receive a com­mis­sion equiv­a­lent to 10% of the com­mis­sions earned by WEEZEVENT from the Ref­er­ee, exclud­ing sales tax and man­age­ment fees, for a one-year period.

The com­mit­ments estab­lished in this Arti­cle are valid for a peri­od of one year, and are not renew­able by tac­it agreement.

To do this, each Organ­is­er has an “Refer­rals” sec­tion in its Soft­ware, in which WEEZEVENT pro­vides an inter­net link equipped with a track­er. In order for the Refer­ring Par­ty to ben­e­fit from the refer­rals scheme, it must send the link to a poten­tial Ref­er­ee, who then clicks on the link to the WEEZEVENT Web­sites. If the poten­tial Ref­er­ee cre­ates a WEEZEVENT account with­in a month, from the same com­put­er or device, it will be auto­mat­i­cal­ly linked to the Refer­ring Party.

WEEZEVENT will then reg­is­ter this refer­ral and, if nec­es­sary, request addi­tion­al infor­ma­tion from the Refer­ring Party.

Note that in the con­text of this Arti­cle, the Organ­is­er could be con­sid­ered by the tax author­i­ties as car­ry­ing out a com­mer­cial activity.

The Refer­ring Par­ty will need to make a per­son­al choice about the sta­tus that applies to it, both in terms of VAT and direct tax­es. It will also have to indi­cate whether the com­mis­sions are sub­ject to VAT or not.

In order to obtain the pay­ment of com­mis­sions gen­er­at­ed under the refer­ral scheme, the Refer­ring Par­ty will send a for­mal invoice to WEEZEVENT, the amount of which, includ­ing all tax­es, must cor­re­spond to the amount of the com­mis­sions due, as long as these are supe­ri­or to fifty (50) euros.

The com­mis­sions due to the Refer­ring Par­ty, by virtue of this Arti­cle, will be paid at the same time as the final state­ment of account is sent to the Ref­er­ee and, in all cir­cum­stances, after the organ­i­sa­tion of the events organ­ised by the Referee.

In cas­es of an event can­cel­la­tion by the Ref­er­ee or if the event is not suc­cess­ful­ly held, no com­mis­sion will be due to the Refer­ring Par­ty. This means the Refer­ring Par­ty is respon­si­ble for the fail­ures of the Ref­er­ee, which it accepts.

WEEZEVENT under­takes to pro­vide all nec­es­sary infor­ma­tion to the Refer­ring Par­ty used to cal­cu­late com­mis­sions, sub­ject to the pro­tec­tion of data con­cern­ing the Ref­er­ee’s busi­ness and in line with con­fi­den­tial­i­ty rules.

WEEZEVENT reserves the right to refuse a refer­ral, espe­cial­ly in the case of a request to refer an exist­ing account.

Because this Arti­cle relates to spe­cif­ic per­sons, under no cir­cum­stances may it, or any of the rights and respon­si­bil­i­ties here­in, be assigned or trans­ferred to any oth­er per­son, in any form what­so­ev­er, by any of the parties.

The Refer­ring Par­ty under­takes to always behave as a loy­al part­ner to WEEZEVENT and to act in good faith, and in par­tic­u­lar, not to set up a sys­tem of self-refer­ral. If WEEZEVENT has legit­i­mate doubts about the pre­sen­ta­tion of a Ref­er­ee, WEEZEVENT will sus­pend the pay­ment of the com­mis­sion pre­vi­ous­ly defined. WEEZEVENT may request that doc­u­men­ta­tion be sub­mit­ted to demon­strate that the Ref­er­ee is not the same per­son as the Refer­ring Party.

WEEZEVENT will not pay any com­mis­sion if it dis­cov­ers that the Refer­ring Par­ty is an enti­ty that con­trols, or is direct­ly or indi­rect­ly con­trolled by the Ref­er­ee. The Refer­ring Par­ty and the Ref­er­ee must be two inde­pen­dent enti­ties with no affil­i­a­tion whatsoever.

Under the same con­di­tions, WEEZEVENT will not pay any com­mis­sion in the event that the Refer­ring Par­ty and the Ref­er­ee have giv­en the same bank account details.

In the event that the Refer­ring Par­ty does not com­ply with these rules, it will auto­mat­i­cal­ly be liable to WEEZEVENT for a lump sum pay­ment of 10,000 euros, and the amounts paid under the refer­ral scheme must also be returned.

ARTICLE 17: Use of the Ticketing Service at the Event venue by the Organiser

The WEEZEVENT solu­tion can be used direct­ly by the Organ­is­er, at the event loca­tion. In this case, WEEZEVENT acts as a ser­vice provider, pro­vid­ing the Organ­is­er with its auto­mat­ed Tick­et­ing solution.

Unless the tick­et earn­ings are tak­en using a WEEZEVENT pay­ment ter­mi­nal and cashed by WEEZEVENT, all the con­trac­tu­al pro­vi­sions except Arti­cles 1 to 7 pro­vid­ed for in these T&Cs are applic­a­ble to this con­trac­tu­al rela­tion­ship sub­ject to the terms laid out below.

Note that in the con­text of this type of use, the Organ­is­er is con­sid­ered to be sell­ing the Tick­ets direct­ly to Participants.

WEEZEVENT invoic­es the Organ­is­er for a ser­vice. WEEZEVEN­T’s Remu­ner­a­tion is giv­en in the Price List in the “Prices” sec­tion of the WEEZEVENT Websites.

ARTICLE 18: Equipment Rental

As part of the nor­mal use of WEEZEVEN­T’s ser­vices, the Organ­is­er may be required to rent equip­ment (access con­trol, print­ing, etc.) from WEEZEVENT. In this case, a spe­cif­ic con­tract is signed between the Parties.

ARTICLE 19: Period of validity of the Contract and termination

This Con­tract is entered into for a fixed term and comes to an end when all the Events mar­ket­ed by the Organ­is­er via WEEZEVENT have tak­en place. As the Par­ties have not includ­ed a cool­ing-off peri­od in the agree­ment, the con­tract will take effect on the date of its accep­tance by the Organiser.

Should it deem fit, WEEZEVENT may auto­mat­i­cal­ly ter­mi­nate this con­tract with­out pri­or warn­ing and with­out a notice peri­od in the event of a fail­ure on the Organ­is­er’s part to ful­fil any of its obligations.

As such, WEEZEVENT may ter­mi­nate the con­tract in the event of non-com­pli­ance with its tax, social secu­ri­ty or secu­ri­ty oblig­a­tions with respect to the organ­i­sa­tion of events or in the fol­low­ing cas­es (with­out this list being exhaustive):

  • vio­la­tion of the rights of third parties,
  • dis­sem­i­na­tion of ille­gal content,
  • vio­la­tion of the pro­vi­sions relat­ing to Par­tic­i­pant refunds,
  • And gen­er­al­ly in any cir­cum­stances where an action or behav­iour could under­mine WEEZEVEN­T’s rep­u­ta­tion or image due to non-com­pli­ance with its oblig­a­tions to the Par­tic­i­pants as an Event Organiser.

The ter­mi­na­tion of this con­tract will be decid­ed with­out prej­u­dice to any fur­ther damages.

ARTICLE 20: Force Majeure

The Par­ties can­not be held liable for the non-per­for­mance or delayed per­for­mance of any of their oblig­a­tions described here­in as a result of a force majeure, as defined in Arti­cle 1218 of the French Civ­il Code. It is express­ly agreed that the fol­low­ing occur­rences can nev­er con­sti­tute a case of force majeure, and the Organ­is­er assumes full lia­bil­i­ty and all costs:

  • Unpaid amounts,
  • Can­cel­la­tion or mod­i­fi­ca­tion of an event, vol­un­tary or otherwise.

Fur­ther­more, WEEZEVENT uses all the tech­ni­cal sys­tems that can cur­rent­ly be rea­son­ably used to ensure the con­ti­nu­ity of its ser­vice and in par­tic­u­lar the host­ing of WEEZEVENT Web­sites, and WEEZEVENT may not be held liable if its serv­er, or the server(s) on which the Web­site is stored, is/are unavail­able for rea­sons of force majeure such as, in par­tic­u­lar, fail­ure of the pub­lic pow­er grid, strikes, storms, wars, earth­quakes, fail­ure of the pub­lic telecom­mu­ni­ca­tions net­work, loss of inter­net con­nec­tiv­i­ty due to the pub­lic or pri­vate oper­a­tors on which WEEZEVENT depends.

In the event of stop­page for tech­ni­cal main­te­nance, the pro­vi­sions of Arti­cle 10 also apply.

The Organ­is­er waives any com­pen­sa­tion of any nature what­so­ev­er in cas­es of force majeure and WEEZEVENT can­not be held liable if exter­nal ser­vice providers are used, or if it is impos­si­ble to sell the Event Tick­ets on the WEEZEVENT Sites.

This clause is con­sid­ered as essen­tial and deci­sive for the con­sent of WEEZEVENT.

ARTICLE 21: Reminder of the intrinsic characteristics of telecommunication networks

The Organ­is­er con­sid­ers itself to be ful­ly informed of the risks inher­ent to the dis­tri­b­u­tion of con­tent across online net­works, despite WEEZEVEN­T’s efforts to apply all avail­able secu­ri­ty stan­dards to ensure a high lev­el of secu­ri­ty and reli­a­bil­i­ty (https, ssl cer­tifi­cate, etc.).

The tech­ni­cal reli­a­bil­i­ty of data trans­fer is only relative:

  • The con­tent of the Web­site may be dis­sem­i­nat­ed, repro­duced and rep­re­sent­ed with­out geo­graph­i­cal limits,
  • Data cir­cu­lat­ing on the inter­net is not pro­tect­ed against pos­si­ble mis­ap­pro­pri­a­tion or misuse,
  • Any con­tent pro­vid­ed may be sub­ject to unau­tho­rised third par­ty intru­sions and com­put­er offences,
  • The tech­ni­cal capa­bil­i­ties of online net­works are such that at cer­tain times of the day, inter­net access can be sat­u­rat­ed (poor tele­phone con­nec­tion, insuf­fi­cient modem, insuf­fi­cient band­width, node sat­u­ra­tion, etc.).

As a con­se­quence of these issues and in full knowl­edge of WEEZEVEN­T’s Ser­vices and Sites, the Organ­is­er shall not hold WEEZEVENT liable for any of the facts or events men­tioned above.

ARTICLE 22: Agreement on Evidence — Online Contract Process

The online process for enter­ing into con­tracts is com­pli­ant with the pro­vi­sions of Arti­cles 1366 et seq. of the French Civ­il Code.

Evi­dence of duly cer­ti­fied deeds will be kept and archived by WEEZEVENT in accor­dance with the legal and reg­u­la­to­ry pro­vi­sions in force (under French civ­il law).

To pro­vide evi­dence of deeds, facts or omis­sions, the Par­ties may make use of pro­grams, data, files, record­ings, trans­ac­tions and oth­er ele­ments of a dig­i­tal nature or format.

The Organ­is­er under­takes not to con­test the admis­si­bil­i­ty, valid­i­ty, enforce­abil­i­ty or con­clu­sive val­ue of the afore­men­tioned ele­ments of a dig­i­tal nature or for­mat, on the basis that they are elec­tron­ic or dig­i­tal. Unless proven oth­er­wise, these ele­ments shall be deemed valid and enforce­able between the Par­ties in the same man­ner, under the same con­di­tions and with the same con­clu­sive val­ue as any doc­u­ment drawn up, received or kept in writing.

It is express­ly agreed that in the event of any dis­crep­an­cy between WEEZEVEN­T’s com­put­erised records and the paper or elec­tron­ic doc­u­ments avail­able to the Organ­is­ers, WEEZEVEN­T’s com­put­erised records will prevail.

ARTICLE 23: References

WEEZEVENT is express­ly autho­rised to include the name of the Organ­is­er on the list of its com­mer­cial ref­er­ences, unless it receives an express writ­ten objec­tion from the Organiser.

ARTICLE 24: Data Protection

Pur­suant to Act 78–17 of 6 Jan­u­ary 1978, any per­son­al data request­ed from the Organ­is­er is nec­es­sary for the pro­vi­sion of services.

This data may be com­mu­ni­cat­ed to poten­tial WEEZEVENT part­ners in charge of the per­for­mance, pro­cess­ing, man­age­ment and pro­vi­sion of the WEEZEVENT service.

The pro­cess­ing of infor­ma­tion com­mu­ni­cat­ed through WEEZEVEN­T’s Web­sites has been declared to the CNIL (French nation­al com­mis­sion for IT and civ­il liberties).

In accor­dance with nation­al and Euro­pean reg­u­la­tions in force, the Organ­is­er is enti­tled to access, mod­i­fy, rec­ti­fy and oppose any data about it.

This right may be exer­cised under the con­di­tions and accord­ing to the terms defined on WEEZEVEN­T’s Websites.

ARTICLE 25: Compliance with the GDPR

As part of its oper­a­tions, WEEZEVENT is required to col­lect per­son­al data from Par­tic­i­pants for its own records, to ensure the prop­er per­for­mance of trans­ac­tions (i.e. the sale of Tick­ets to Par­tic­i­pants) and to keep evi­dence of said trans­ac­tions. WEEZEVENT is also required to act as sub­con­trac­tor of the Organ­is­er (i.e. data con­troller) since it han­dles the pro­cess­ing of per­son­al data on behalf of the Organ­is­er in charge of organ­is­ing the event and sell­ing Tick­ets direct­ly to Par­tic­i­pants through the WEEZEVENT services.

The pur­pose of these claus­es is to define the con­di­tions under which WEEZEVENT will per­form the data pro­cess­ing oper­a­tions defined below, on behalf of the Organiser.

As part of their con­trac­tu­al rela­tions, the Par­ties under­take to com­ply with cur­rent reg­u­la­tions applic­a­ble to the pro­cess­ing of per­son­al data and, in par­tic­u­lar, with Reg­u­la­tion (EU) 2016/679 of the Euro­pean Par­lia­ment and of the Coun­cil of 27 April 2016 applic­a­ble from 25 May 2018 (here­inafter “the Euro­pean Data Pro­tec­tion Regulation”).

Def­i­n­i­tion of the data that WEEZEVENT is autho­rised to process on behalf of the Organiser:

WEEZEVENT is autho­rised to process, on behalf of the Organ­is­er, the per­son­al data nec­es­sary to pro­vide the fol­low­ing service(s):

  • The sale of Tick­ets by WEEZEVENT to Par­tic­i­pants on behalf of the Organ­is­er pur­suant to these T&Cs,
  • The sup­ply of equip­ment to con­trol the access of Tick­et-hold­ing Par­tic­i­pants to the Organ­is­er’s Event,
  • The dis­sem­i­na­tion of infor­ma­tion and updates regard­ing the organ­i­sa­tion of the event.

The oper­a­tions per­formed on the data include:

  • Col­lec­tion and iden­ti­cal repro­duc­tion for the ben­e­fit of the Organiser,
  • Con­ser­va­tion until expi­ra­tion on WEEZEVEN­T’s systems,
  • Aggre­ga­tion for event access and sales statistics.

The pur­pos­es of the pro­cess­ing are:

  • To iden­ti­fy the Participant,
  • To check that the Par­tic­i­pant is autho­rised to attend the event,
  • To ver­i­fy the spe­cif­ic con­di­tions of the dif­fer­ent price cat­e­gories of the event,
  • To ensure inter­op­er­abil­i­ty with third-par­ty access con­trol solutions,
  • To send out prac­ti­cal infor­ma­tion about the event,
  • To retain evi­dence of the trans­ac­tion between WEEZEVENT, the Par­tic­i­pant and the Organiser,
  • In the event that the Organ­is­er wish­es to col­lect oth­er data for oth­er pur­pos­es, it will need to enter (i) the nature of the data and (ii) the pur­pose of its col­lec­tion when cre­at­ing the event in the Soft­ware. It is spec­i­fied that, in this con­text, the Par­tic­i­pant may object to the col­lec­tion of such data.

The per­son­al data processed is:

  • By default, last name, first name, email address and phone number,
  • Depend­ing on the needs of the event: com­pa­ny name, date of birth, postal address, a pho­to iden­ti­fy­ing the person,
  • For rea­sons of trace­abil­i­ty, the IP address of the pur­chase is also kept,
  • The pay­ment ref­er­ence with our bank pay­ment provider,
  • Note that the Organ­is­er itself con­fig­ures the event before the Tick­ets are sold, so the per­son­al data processed usu­al­ly con­sists of all the infor­ma­tion whose input is request­ed by the Organ­is­er when set­ting up the event.

The cat­e­gories of peo­ple con­cerned are:

  • Any nat­ur­al per­son who has acquired Tick­ets to attend the event venue.

For the per­for­mance of the ser­vice cov­ered in these T&Cs, the Organ­is­er pro­vides WEEZEVENT with the fol­low­ing nec­es­sary information:

  • Name or cor­po­rate name of the Organiser,
  • Email address,
  • Legal sta­tus,
  • Intra-Com­mu­ni­ty VAT num­ber, where applicable
  • The name and sur­name of its legal representative,
  • Postal address,
  • Bank details (IBAN) when tick­et earn­ings are col­lect­ed by WEEZEVENT.

WEEZEVENT reserves the right to request any oth­er infor­ma­tion relat­ing to the Organ­is­er, in par­tic­u­lar if there is any doubt about the actu­al hold­ing of the Event or the prop­er con­duct and good faith of the Organiser.

Obligation of WEEZEVENT vis-à-vis the Organiser:

WEEZEVENT under­takes to:

  • Process data only for the pur­pos­es for which it is being subcontracted,
  • Process data accord­ing to the instruc­tions received in the con­fig­u­ra­tion of the event. If WEEZEVENT con­sid­ers that a giv­en instruc­tion is a vio­la­tion of the Euro­pean Data Pro­tec­tion Reg­u­la­tion or any oth­er pro­vi­sion of EU law or data pro­tec­tion law of anoth­er Mem­ber State, it shall imme­di­ate­ly inform the Organ­is­er. Sim­i­lar­ly, if WEEZEVENT is required to trans­fer data to anoth­er coun­try or to an inter­na­tion­al organ­i­sa­tion, under EU law or the law of the Mem­ber State with which it must com­ply, WEEZEVENT must inform the Organ­is­er of this legal oblig­a­tion pri­or to pro­cess­ing the data, unless the law con­cerned pro­hibits such infor­ma­tion for rea­sons of pub­lic interest.
  • Guar­an­tee the con­fi­den­tial­i­ty of per­son­al data processed under this contract,
  • Ensure that the per­sons autho­rised to process per­son­al data under this con­tract under­take to uphold con­fi­den­tial­i­ty or are sub­ject to an appro­pri­ate legal oblig­a­tion of con­fi­den­tial­i­ty, and that they receive the nec­es­sary data pro­tec­tion training,
  • Take into account, with regard to its tools, prod­ucts, apps and ser­vices, the prin­ci­ples of data protection.

Subcontracting:

WEEZEVENT uses sub­con­trac­tors as part of its oper­a­tions, which the Organ­is­er express­ly agrees to, across the board. The sub­con­trac­tors in ques­tion must, under the respon­si­bil­i­ty of WEEZEVENT, com­ply with the data pro­tec­tion oblig­a­tions aris­ing from this con­tract. WEEZEVENT shall there­fore ensure that its sub­con­trac­tors pro­vide suf­fi­cient guar­an­tees regard­ing the imple­men­ta­tion of appro­pri­ate tech­ni­cal and organ­i­sa­tion­al mea­sures to ensure that its pro­cess­ing meets the require­ments of the Euro­pean Data Pro­tec­tion Regulation.

Right to information of the persons concerned:

WEEZEVENT shall send all data sub­jects, using appro­pri­ate means, rel­e­vant infor­ma­tion about the data pro­cess­ing it car­ries out.

If Tick­ets are sold direct­ly on the Organ­is­er’s web­site via the WEEZEVENT app, the Organ­is­er will pro­vide this infor­ma­tion to the data sub­jects at the time of the data col­lec­tion. To this end, where nec­es­sary, the Organ­is­er shall under­take to present its terms and con­di­tions of sale and the terms of use of its web­site in accor­dance with Euro­pean reg­u­la­tions and these T&Cs. WEEZEVENT may not be held liable in this regard.

Enforcing the rights of data subjects:

Wher­ev­er pos­si­ble, WEEZEVENT will help the Organ­is­er ful­fil its oblig­a­tion to respond to requests to exer­cise the rights of data sub­jects: the right to access, rec­ti­fy, delete and oppose data, the right to restric­tion of pro­cess­ing and the right to data porta­bil­i­ty, the right not to be sub­ject to auto­mat­ed deci­sion-mak­ing (includ­ing profiling).

If nec­es­sary, the Organ­is­er will autho­rise WEEZEVENT to respond to requests from data sub­jects with­in the legal dead­lines so they can exer­cise their rights with regard to the data cov­ered by the sub­con­tract­ing pro­vid­ed for in this contract.

Notification of data protection violations

WEEZEVENT will noti­fy the Organ­is­er of any data pro­tec­tion vio­la­tion with­in 72 hours of being made aware of the breach, by email.

This noti­fi­ca­tion shall be accom­pa­nied by all rel­e­vant doc­u­men­ta­tion to enable the Organ­is­er, if nec­es­sary, to report this vio­la­tion to the rel­e­vant super­vi­so­ry authority.

Support from WEEZEVENT to help the Organiser fulfil its obligations:

WEEZEVENT shall pro­vide the Organ­is­er with any nec­es­sary assis­tance for com­pli­ance with its legal obligations.

Security measures:

WEEZEVENT under­takes to imple­ment the fol­low­ing secu­ri­ty measures:

  • Ver­i­fi­ca­tion of the iden­ti­ty and rights of indi­vid­u­als access­ing per­son­al data,
  • Phys­i­cal and log­i­cal pro­tec­tion against access to data oth­er than through the WEEZEVENT app,
  • Log­i­cal pro­tec­tion of the WEEZEVENT app against unau­tho­rised access to data,
  • Guar­an­tee of per­sis­tence and restora­tion in the event of sys­tem failure.

The Organ­is­er under­takes to imple­ment the fol­low­ing secu­ri­ty mea­sures in its inter­nal organisation:

  • Pseu­do­nymi­sa­tion and encryp­tion of per­son­al data,
  • Imple­men­ta­tion of means to ensure the con­fi­den­tial­i­ty, integri­ty, avail­abil­i­ty and ongo­ing resilience of pro­cess­ing sys­tems and services,
  • Mea­sures to restore the avail­abil­i­ty of and access to per­son­al data in the event of phys­i­cal or tech­ni­cal incidents,
  • A pro­ce­dure to test, analyse and reg­u­lar­ly eval­u­ate the effec­tive­ness of tech­ni­cal and organ­i­sa­tion­al mea­sures to ensure the secu­ri­ty of data processing.

At the first request of WEEZEVENT, the Organ­is­er must be able to jus­ti­fy the pro­ce­dures imple­ment­ed to guar­an­tee the secu­ri­ty of the per­son­al data col­lect­ed and processed by WEEZEVENT on behalf of the Organ­is­er. WEEZEVENT fur­ther reserves the right to sus­pend the per­for­mance of all or part of the claus­es of this agree­ment in the event of legit­i­mate doubt about the Organ­is­er’s abil­i­ty to com­ply with its legal and reg­u­la­to­ry oblig­a­tions in terms of data pro­tec­tion and in the event of mis­use of its ser­vices.  WEEZEVENT shall not assume any lia­bil­i­ty for vio­la­tions by the Organ­is­er of its own oblig­a­tions, as WEEZEVENT may only be held liable for the secu­ri­ty mea­sures imple­ment­ed by its own departments.

What happens to data after processing:

Upon com­ple­tion of the ser­vices relat­ing to the pro­cess­ing of this data, WEEZEVENT under­takes to destroy all per­son­al data.

With the agree­ment of WEEZEVENT, the Organ­is­er may request that the data be sent to it or passed on to anoth­er sub­con­trac­tor des­ig­nat­ed by the Organiser.

Once sent, all exist­ing copies of this data in the WEEZEVENT infor­ma­tion sys­tems must be destroyed. WEEZEVENT will offer proof of this in writ­ing, at the request of the Organiser.

Data Protection Officer:

At the request of the Organ­is­er, WEEZEVENT will com­mu­ni­cate the con­tact details of its data pro­tec­tion officer.

Record of Processing Activities:

WEEZEVENT agrees to keep a writ­ten record of all cat­e­gories of pro­cess­ing activ­i­ties per­formed on behalf of the Organ­is­ers, including:

  • The name and con­tact details of the Organ­is­ers on whose behalf it is act­ing, its poten­tial sub­con­trac­tors and, where applic­a­ble, the data pro­tec­tion officer,
  • All cat­e­gories of pro­cess­ing per­formed on behalf of the Organisers,
  • Where applic­a­ble, data trans­fers to anoth­er coun­try or to an inter­na­tion­al organ­i­sa­tion, includ­ing the iden­ti­fi­ca­tion of said coun­try or organ­i­sa­tion, and, in the case of trans­fers referred to in the sec­ond sub­para­graph of Arti­cle 49 (1) of the GDPR, doc­u­ments prov­ing the exis­tence of appro­pri­ate guarantees,
  • To the extent pos­si­ble, a gen­er­al descrip­tion of the tech­ni­cal and organ­i­sa­tion­al secu­ri­ty mea­sures in place, includ­ing, but not lim­it­ed to, as appro­pri­ate: (i) the pseu­do­nymi­sa­tion and encryp­tion of per­son­al data, (ii) the abil­i­ty to ensure the ongo­ing con­fi­den­tial­i­ty, integri­ty, avail­abil­i­ty and resilience of pro­cess­ing sys­tems and ser­vices, (iii) the abil­i­ty to restore the avail­abil­i­ty of and access to per­son­al data in a time­ly man­ner in the event of a phys­i­cal or tech­ni­cal inci­dent, (iiii) a process for reg­u­lar­ly test­ing, analysing and eval­u­at­ing the effec­tive­ness of tech­ni­cal and organ­i­sa­tion­al mea­sures to ensure the secu­ri­ty of processing.

Obligations of the Organiser:

The Organ­is­er under­takes to:

  • Pro­vide WEEZEVENT with the per­son­al data to be col­lect­ed as part of the trans­ac­tions, when con­fig­ur­ing its event(s). In this regard, the Organ­is­er com­mits to only allow­ing the col­lec­tion for its own needs of the data strict­ly nec­es­sary to pro­ceed with the trans­ac­tions and the organ­i­sa­tion of its events,
  • Doc­u­ment in writ­ing any instruc­tions regard­ing data processing,
  • Com­ply with the oblig­a­tions incum­bent upon it in rela­tion to the Euro­pean Data Pro­tec­tion Reg­u­la­tion and guar­an­tee WEEZEVENT in this regard,
  • Super­vise pro­cess­ing and take respon­si­bil­i­ty for it.

ARTICLE 26: General provisions

Enforcing specific performance

As an excep­tion to the pro­vi­sions of Arti­cle 1221 of the French Civ­il Code, the Par­ties agree that in the event of a fail­ure by either Par­ty to ful­fil its oblig­a­tions, the non-default­ing Par­ty may not seek to enforce this per­for­mance. Fur­ther­more, by express dero­ga­tion from the pro­vi­sions of Arti­cle 1222 of the French Civ­il Code, in the event of a fail­ure by either Par­ty to ful­fil its oblig­a­tions, the non-default­ing Par­ty may per­form the oblig­a­tion through a third par­ty, at the expense of the default­ing Party.

Assignment

Because this con­tract relates to spe­cif­ic per­sons, the Organ­is­er is pro­hib­it­ed from assign­ing or trans­fer­ring, in any man­ner what­so­ev­er, the rights and respon­si­bil­i­ties result­ing there­from, with­out the express pri­or writ­ten con­sent of WEEZEVENT.

In accor­dance with the pro­vi­sions of Arti­cle 1216 of the French Civ­il Code, any trans­fer of the present con­tract must be record­ed in writ­ing, fail­ing which it will be con­sid­ered void.

The Organ­is­er under­takes to inform WEEZEVENT in advance of any infor­ma­tion con­cern­ing the prospec­tive suc­ces­sor as well as the lat­ter’s ful­fil­ment of all the rights and respon­si­bil­i­ties herein.

WEEZEVENT has a max­i­mum peri­od of 15 days from receipt of the noti­fi­ca­tion sent by reg­is­tered let­ter with acknowl­edge­ment of receipt to make its posi­tion known as to whether or not this con­tract may be trans­ferred to the prospec­tive suc­ces­sor, under the con­di­tions and accord­ing to the for­mats spec­i­fied above.

Fail­ing a response with­in this peri­od, in accor­dance with the afore­men­tioned con­di­tions, WEEZEVENT approval will be deemed refused.

WEEZEVENT is autho­rised to assign this con­tract, with­out pri­or autho­ri­sa­tion, with sig­na­ture of these terms con­sid­ered pri­or con­sent. In this case, WEEZEVENT will not be joint­ly liable with the assignee. Such an assign­ment must be record­ed in writ­ing, in accor­dance with the pro­vi­sions of Arti­cle 1216 of the French Civ­il Code.

Entire agreement

The Con­tract express­es all the rights and respon­si­bil­i­ties of the par­ties. This Con­tract can­cels and replaces any ver­bal or writ­ten agree­ments that may have been pre­vi­ous­ly con­clud­ed between the Parties.

The poten­tial can­cel­la­tion of one or more claus­es of this agree­ment shall not affect its oth­er stip­u­la­tions, which will con­tin­ue to have full effect, pro­vid­ed that the gen­er­al struc­ture of the agree­ment can be safeguarded.

In the event that the per­for­mance of one or more of the claus­es of this con­tract are ren­dered impos­si­ble by its can­cel­la­tion, the Par­ties will try to come togeth­er to estab­lish a new clause whose pur­pose and con­tent will be as close as pos­si­ble to the pre­vi­ous clause, with the oth­er stip­u­la­tions of the Agree­ment remain­ing in force.

Fail­ing this, or if the gen­er­al scheme of the agree­ment was found to be fun­da­men­tal­ly dis­rupt­ed, the Par­ties may, by com­mon agree­ment in writ­ing, declare the can­cel­la­tion of this agree­ment in its entirety.

Compensation

WEEZEVENT may freely off­set any sums due to the Organ­is­er in con­nec­tion with the sale of Tick­ets with the amounts due to WEEZEVENT, for any rea­son what­so­ev­er, includ­ing in cas­es where the Organ­is­er has set up sev­er­al events. Such con­trac­tu­al com­pen­sa­tion will also occur in the event that WEEZEVENT with­holds amounts to make refunds, since WEEZEVENT is express­ly autho­rised to with­hold amounts from the Organ­is­er, includ­ing for events that are not being can­celled or at risk of cancellation.

Litigation

Any issues relat­ing to the inter­pre­ta­tion, per­for­mance or ter­mi­na­tion of the Con­tract, which can­not be ami­ca­bly resolved, will fall with­in the exclu­sive juris­dic­tion of the com­pe­tent courts of PARIS, to which the Par­ties have grant­ed juris­dic­tion, irre­spec­tive of the loca­tion of per­for­mance of the Con­tract con­cerned or the res­i­dence of the defen­dant, even in the case of a third par­ty claim or a sum­ma­ry procedure.

Applicable law

This con­tract is sub­ject to French law which will gov­ern its for­ma­tion, appli­ca­tion and interpretation.

ARTICLE 27: Final provisions

In the event of any changes to these terms and con­di­tions, the Organ­is­er will be informed by email.

Changes will take effect only after a peri­od of ten (10) full days after this noti­fi­ca­tion, except when oth­er­wise imposed by the laws and reg­u­la­tions in force.

The changes will also take effect for events already reg­is­tered online, which the Organ­is­er express­ly accepts.

It is for­mal­ly agreed between the Par­ties that any tol­er­ance or waiv­er by either of the Par­ties in the appli­ca­tion of all or part of the com­mit­ments pro­vid­ed for in the Con­tract, what­ev­er their fre­quen­cy or dura­tion, does not con­sti­tute a change to the Con­tract, nor it is like­ly to gen­er­ate any rights. The nul­li­ty, obso­les­cence, or absence of bind­ing force or the unen­force­abil­i­ty of any stip­u­la­tion of the Con­tract does not entail the nul­li­ty, obso­les­cence or absence of bind­ing force or the unen­force­abil­i­ty of the oth­er stip­u­la­tions, which will retain all their effects. How­ev­er, the Par­ties may, by mutu­al agree­ment, agree to replace the stipulation(s) deemed to be invalid. The inva­lid­i­ty of one of the claus­es of these con­di­tions does not lead to the annul­ment of the con­tract. In this case, addi­tion­al legal rules will apply.

Last update: Sep­tem­ber 21th 2018