General conditions of use of the site www.clevoff.com
Version posted on 25/10/2015.
I) General conditions of use
I A) Scope and Glossary
These general conditions apply to the services offered by the websites www.Clevoff.fr, www.Clevoff.com, www.Clevoff.be, www.clevoff.de, www.Clevoff.es, www.Clevoff.it, www .Clevoff.lu,
The shared workspace platform on these websites is published by:
CLEVER OFFICE SARL with capital of € 8,300
8 alley Raymond Poincaré
RCS THIONVILLE TI 813 936 739
I B) Glossary
“CLEVER OFFICE”: means the company publishing the workspace and reception services on the website www.Clevoff.fr, www.Clevoff.com, www.Clevoff.be, www.clevoff.de, www. Clevoff.es, www.Clevoff.it, www.Clevoff.lu,
“Site”: means without distinction the sites www.Clevoff.fr, www.Clevoff.com, www.Clevoff.be, www.clevoff.de, www.Clevoff.es, www.Clevoff.it, www.Clevoff.lu and more generally any website or mobile application edited or co-edited by CLEVER OFFICE.
“Space”: means the natural or legal person proposing on the site to provide a place of work or reception for financial compensation, and for a place and a schedule that it has defined.
“User”: means the natural or legal person who has accepted the proposal to be welcomed by Space.
“Location”: refers to the transaction for which Space has agreed to host the user for a financial consideration in advance and for a defined time and place.
“Financial Counterparty”: Sum of money requested by the Space and accepted by the User for the Place. This financial contribution is defined by Space under its sole responsibility.
“User Account”: means the account that must be created in order to become a Member and access the services offered by the Site.
“TOS”: refers to these General Conditions of Use, including the Code of Conduct below.
“Service” means any service rendered through the Site to a Member, with the understanding that Clever Office is never a party to a lease.
“Rental with Booking”: means a rental subject to the conditions of paragraph II.4 herein.
Use of the Site is subject to acceptance of these Terms. At the time of creation of the User Account, Members must click the box “I accept the General Conditions of Use of the site and the proposed service”.
Only the acceptance of these Terms allows Members to access the services offered by the Site. The acceptance of these Terms is entire and forms an indivisible whole, and Members can not choose to see part of the UGC apply only or to formulate reservations.
In the event of a breach of any of the obligations provided herein, Clever Office reserves the right to delete the relevant User Account.
I D) Modification of the General Conditions of Use
The modification will take effect immediately as soon as the UGC is put online, which any user acknowledges having consulted beforehand.
Clever Office specifically reserves the right to offer new services, free or paid on the Site.
II) User account and use
II A Account Creation
To access certain features of the Site and the Application, and to reserve a space or create an Ad, you must register to create an account and become a Member. You may register to receive the Services directly from the Site or Application, or as described below:
Each Member must first create a User Account, by providing personal data concerning him, essential for the proper functioning of the connection service (name, surname, age, postal address, telephone number and e-mail address valid) . Members certify that they are over the age of 18 at the time of registration.
Clever Office can not be held liable for any information that may be erroneous or fraudulent communicated by Members.
II.B Use of the Service
The activity of Clever Office is limited to a relationship between natural or legal persons offering a work space or place of reception. The websites www.Clevoff.fr, www.Clevoff.com, www.Clevoff.be, www.clevoff.de, www.Clevoff.es, www.Clevoff.it, www.Clevoff.lu constitute a simple platform, and at no time does the company Clever Office interfere in the rentals, locations, schedules. The space is committed to welcoming the user on time, at the place and with the services provided.
Clever Office reserves the right to exclude without notice any Member that does not comply with these provisions.
It is recalled that Clever Office is a third party to the relationship between the Members and can not have any obligation in respect of the execution by them of their respective obligations under the Rentals
II.C The different services:
II .C.1 Service without reservation
Clever Office offers a free service whereby the User contacts the Space to set an appointment and any conditions. The User and the Space then fully assume the risks concerning last minute cancellations, last-minute changes or non-payment of the Financial Counterparty. This service is at the sole discretion of Space and in no case the user.
Without prejudice to the foregoing, Clever Office expressly and discretionarily reserves the right to limit the number and / or category of Members eligible for this service without reservation.
II.C.2 White label service
Clever Office offers its members a white label service that allows the space to benefit from our tools and our management under your own brand. This service will be the subject of a specific contract between Clever Office and L’espace.
II.C.3 Service with Booking
Clever Office offers its Members a Booking service that allows to reduce the risk of a last minute cancellation by a User, or the non-payment of the Rental by the latter.
However, under no circumstances can Clever Office be held liable, in particular because of the occurrence of one of these risks. The “Service with Reservation” formula entitles the Espace to compensation in the event of late cancellation by a User within the limits set out below.
This service also allows the user to ensure that the Financial Counterparty will not be collected by space until the service has been completed.
II.D Reservation Processing
The Space proposes the Rental on the Site by specifying the place, the date and the schedules as well as the services provided. It also specifies the rental arrangements.
The User reserves one or more places from the site by exclusively making an online payment by credit card or bank transfer. The receipt of payment by Clever Office constitutes the Booking Confirmation (hereinafter the “Booking Confirmation”). After the Confirmation of Reservation, the User and Space are irrevocably committed, in particular by the application of the “Financial Provisions” below.
The User and the Space are informed that the transaction is irrevocably concluded, by an email sent to the User confirming the Reservation, and an email sent to the Space informing him of the Reservation. Any cancellation subsequent to this Booking Confirmation is governed by the terms and conditions set out in the “Payment and Cancellation Costs” section of this document. The reservation is nominative. Both Space and User must match the identity communicated to Clever Office. Both Espace and the User are entitled to consider that the cancellation is attributable to the one whose identity corresponds to that mentioned on the site.
Espace commits itself to the Users to make the rental that it has proposed on the site and that it has accepted and also to offer on its premises, the number of places actually booked and the services announced by each Users.
II.E Fees and settlement procedure
II.E.1 Booking Fee
As part of the Service with Booking, Clever Office charges a service fee (hereinafter “the Booking Fee”) on the Site.
These charges are added to the transaction on the date of online payment by the user.
The Service Fee is made up of a variable part, to which is added the amount of VAT in force (20%).
The Booking Fee is calculated as follows: 10.00% H.T of H.T amount of the rental
The Service Fees apply for each space available in the Space and offered at the Reservation.
For rentals outside France, please note that the applicable VAT rate will vary by country.
II.E.2 Payment to the Space
The User has a period of 2 days (two calendar days) to expressly confirm to Clever Office that the rental has been made. At the end of this period, and in the absence of confirmation or dispute by the User, Clever Office considers that the confirmation by the User is implicit. From this confirmation, Clever Office sends the payment orders the next business day.
In order to enable this payment, Espace must communicate to Clever Office the banking information provided on its bank account statement or postal identity statement.
For this purpose, allowing the information to be communicated to us by email at the following address: firstname.lastname@example.org
In no event shall Clever Office pay the amount otherwise than by bank transfer, excluding any payment in cash or by check.
Clever Office is in no way responsible or guarantor with regard to the Space of a payment incident if for any reason whatsoever, the amount paid by the user should have to be paid in particular in case of opposition on the card or fraudulent use. The Espace undertakes to return to Clever Office at first request any amount received in question due to such a payment incident.
No payment can be made in favor of L’Espace on an account that has not been opened in his name.
II.F Obligations of L’Espace
The Space for the obligation towards the User:
To make the rental available at the agreed time and place; failing this, or in the event of cancellation, Clever Office reserves the right to retain this database cancellation information on its profile and / or to post this information on its online profile and / or to suspend access to the website. Website at L’Espace.
To inform the Users without delay of any modification of the services provided. If a User refuses this change, then he is entitled to completely cancel his Booking without any cancellation fees being charged, and without any compensation being paid to the Space.
II.G Payment and fees in case of cancellation
The cancellation by the space or the user subsequent to the Confirmation of Reservation is subject to the provisions below. In case of cancellation attributable to the Space, the User is refunded the total amount paid.
In case of cancellation attributable to the User:
If the User cancels more than 24 hours before the scheduled rental time, a cancellation fee equal to the amount of the service charge paid at the time of booking is due to Clever Office. As a result, the Users will be refunded the amount paid less the amount of these cancellation fees.
If the User cancels less than 24 hours or 24 hours before the scheduled departure time: a cancellation fee corresponding to the amount of the service charge paid upon registration of the reservation is due to Clever Office and L ‘ Espace receives a compensation of 50% of the amount of the repayment l’Espace. As a result, the User will be refunded the balance is the amount paid less the amount of cancellation fees and compensation of L’Espace.
If the User cancels after the scheduled time of the rental or if he does not show up at the venue, L’Espace receives a compensation of 100% of the payment Espace and service fees are due to Clever Office. As a result, the User will not receive any refund.
When the cancellation occurs before the departure and because of the user, the rent (s) canceled by the user are automatically given to other users who can book them online and therefore subject to under the conditions hereof.
II.H Management of disputes between Members
Clever Office provides its Members with an online dispute resolution service. This service is intended in particular to settle the disputes relating to cancellations of the Reservations.
The Dispute Resolution Service has no obligation of result in finding a solution to disputes between its Members.
If no solution is found to the dispute between the User and the Space, Clever Office reserves the right to retain the sums paid by the User until an amicable agreement between the User and the Space or a decision judicial review.
The rental resulting exclusively from the agreement between L’Espace and the Passengers, the users of the service (Space and Users) act under their sole and entire responsibility. In this respect, the actual progress of the Rental offered by Espace and accepted by the User shall not entail liability attributable to Clever Office, on any basis whatsoever, the service offered by Clever Office being an intermediation service .
In particular, the liability of Clever Office can not be incurred because of a disaster that would have occurred for reasons such as:
the communication by L’Espace of erroneous information concerning the rental, its terms and services
cancellation by L’Espace or the User;
the payment of the financial contribution in the case of a service without reservation;
the fraudulent behavior or the fault of L’Espace or the User during, before, or after the Rental.
In particular, no form of liability may be retained with respect to Clever Office in the event of fraudulent use of payment instruments by the User. In this case, no guarantee of payment of L’Espace is insured by Clever Office.
Clever Office strives to ensure the availability of the site and service 24 hours a day, 7 days a week. However, it may happen that access to the site or service is interrupted as part of maintenance operations. hardware or software upgrades, emergency site repairs, or as a result of circumstances beyond Clever Office’s control (eg, link failures and telecommunications equipment). Clever Office undertakes to take all reasonable steps to limit such disturbances, to the extent that they are attributable to it.
Members acknowledge and agree that Clever Office assumes no liability to them for any unavailability, suspension or interruption of the site or service and can not be held liable for direct or indirect damages of any kind resulting from this fact.
In any case, and without prejudice to what has been stated above and in the other clauses concerning the non-liability of Clever Office, any cause of liability that may be found against Clever Office may result in the payment of damages, the amount of which will be limited to the amounts collected for Service Fees or cancellation fees.
The space are solely responsible for the price set for their announcement of the availability of Space.
IV) Offline Site or Services
If you do not comply with all or part of the Terms, you acknowledge and agree that Clever Office may at any time, without notice, interrupt or suspend, temporarily or permanently, all or part of the Service or your access to site (including in particular your User Account) in case of non-compliance with the TOS or for any objective reason.
VI) Personal data and content
VI.1 General provisions
In accordance with the provisions of the law n ° 78-17 of January 6th, 1978 modified by the law n ° 2004-801 of August 6th, 2004 relating to data processing, files and freedoms, Clever Office proceeded on April 16th, 2008 near the National Commission of Computing and Freedoms (CNIL) to the preliminary declaration of the treatment that it operates on the personal data concerning you, in accordance with the simplified standard n ° 48 (deliberation CNIL n ° 2005-112 of June 7th, 2005 creating a simplified standard for the automated processing of personal data relating to the management of customer and prospect files – OJ No. 149 of 28 June 2005).
The data controller for you is Clever Office. In accordance with the provisions of Simplified Standard No. 48, Clever Office employees and service providers have sole access to your personal data, whose task is to operate the site or to render the service.
The data indicated as mandatory in the form to become a user of the site and the service require an exact answer from you. Any failure to reply or any response deemed by Clever Office to be abnormal may result in Clever Office’s refusal to consider your application for service registration.
The data collected by Clever Office as part of the services provided on the Site are processed in accordance with the provisions of the simplified standard n ° 48 and the law “Informatique et Libertés” of August 6, 2004.
VI.2 Transmission of your personal data to third parties
In accordance with the provisions of the simplified standard n ° 48, Clever Office reserves the right to transmit all or part of the personal data concerning the Members in the strict respect of the simplified norm n ° 48 and the law “Informatique et Libertés” of the 6 August 2004.
Any use of personal data other than that indicated above must be subject to individual, prior and explicit consent from Members.
Pursuant to Law No. 78-17 of 6 January 1978, Clever Office will obtain the agreement of the Members for any transmission of its data to commercial partners for direct marketing operations by means of a checkbox.
VI.3 Right of access, rectification and opposition
In accordance with the law n ° 78-17 of January 6th, 1978, you have a right of access and rectification on the personal data concerning you, by addressing you to the webmaster of the Site, except for the personal data which you have given to Clever Office when you have completed your online membership form and it is your sole responsibility to modify and update it, as stated in Article VII.4 “Updating Personal Data” .
In accordance with Law No. 78-17 of 6 January 1978, you have the right to oppose, free of charge and free of charge, that the personal data concerning you are used for the purpose of prospecting, in particular commercial, by Clever Office or by its trading partners. If your right of objection is exercised for this reason directly with Clever Office, the latter agrees to pass on your opposition to its contractual partners to which it would eventually have transmitted your personal data.
In accordance with the law n ° 78-17 of January 6th, 1978, Clever Office undertakes that the personal data concerning you, even those transmitted to possible commercial partners, are not transmitted outside the European Union, except to obtain prior express consent to this effect.
In accordance with the law n ° 78-17 of January 6th, 1978, Clever Office reserves the right to transmit the personal data concerning you, either to respect a legal obligation, or in application of a judicial decision, administrative, or a independent administrative authority (such as the National Commission for Informatics and Freedoms).
VI.4 Update of personal data
You agree to ensure, as necessary, the updating of your personal data. You further agree that your personal data is accurate, complete and unambiguous. You may at any time access, by using on the site your password and your login, to your User Account containing all the personal data that you have provided to Clever Office.
VI.5 Security of personal data
Pursuant to Law No. 78-17 of 6 January 1978, Clever Office undertakes to take every precaution, in view of the nature of the data and the risks presented by the processing, to preserve the security of your personal data and In particular, prevent your personal data from being distorted, damaged, or unauthorized third parties having access to it.
VI.7 Hosting the site
The host of the site E-monsite SARL 19 rue Lamartine 80000 Amiens acts as a subcontractor of Clever Office, within the meaning of the law n ° 78-17 of January 6, 1978, only on the written instruction of Clever Office, and not does not have the right to use the personal data of the users to whom it is likely to have access, except for the execution of the technical services of hosting and management of the databases and only in the contractual conditions signed between the host and Clever Office which can not derogate from this article.
VII.8 Intellectual property
The websites www.Clevoff.fr, www.Clevoff.com, www.Clevoff.be, www.clevoff.de, www.Clevoff.es, www.Clevoff.it, www.Clevoff.lu, are the property of Clever Office . Any reproduction, even partial, is subject to the prior written authorization of Clever Office. Any hypertext link to another page than the home page of the site is subject to the prior written permission of Clever Office.
The visitor of the Site agrees not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or any of its elements constitutes an infringement likely to lead to civil and / or criminal prosecution and to expose the visitor violating the penalties mentioned.
VII.9 Content of the site entered by Members.
Clever Office is not responsible for the content entered on the Site by Members. This is particularly so for the “Agenda” containing information relating to public or private events, information provided by Members. However, as soon as it has been brought to the attention of Clever Office that content would infringe on the rights of third parties, Clever Office will do its utmost to remove the disputed content without delay from the Site.
VII Litigation and prescriptions
Any claim in relation to the Company herein is prescribed within a period of one year. It is irrefutably presumed that L’Espace or the User waives a payment that has not been requested within one year. Unclaimed amounts are vested in Clever Office.
VII.2 Competent jurisdictions
Where necessary, the competent court in the event of a dispute shall be deemed to be the competent courts of the place of the registered office of the Company.