General conditions of sale of services

November 15, 2023 Contenu unique

General conditions of sale of services
between professionals on the Internet

Preamble

The general conditions of sale described below detail the rights and obligations of Artists In Residence TV SAS and its customer within the framework of the sale of its services.

Any service performed by Artists In Residence TV SAS therefore implies the unconditional acceptance of the buyer to these terms and conditions.

Article 1 - Principles

These general conditions concern the services provided between professionals (provider / buyer).

The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale prevail over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reserve, to all services rendered by the provider to buyers of the same category.

The Provider and the Purchaser agree that these general terms and conditions shall exclusively govern their relationship. The Provider reserves the right to modify its general conditions from time to time.

They will be applicable as soon as they are put online.

If a condition of provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

The present general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.

The supplier reserves the right to deviate from certain clauses of the present contract, depending on the negotiations carried out with the purchaser, by establishing special conditions of sale.

The Provider may, in addition, establish general terms and conditions of sale, derogating from the present general terms and conditions of sale, depending on the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will then have these categorical general sales conditions applied.

The present general conditions of sale are applicable until December 31, 2023.

Article 2 - Content

The purpose of the present general conditions is to define the rights and obligations of the parties within the framework of the online sale of the services proposed by the provider to the buyer. They concern the following services:

Access to AIRTVPro

AIRTVPro is the Artists In Residence Television intranet platform available to member residences. To subscribe to AIRTVPro is to have access to:

- Management of your complete residency profile. (Only for "Full Access" and "Full Access Low Budget" members)

- Dozens of video interviews on best practices in managing artist residencies by professionals in the sector. The topics covered include the management of a residency, the management and relationship with artists, the formulation of a call for applications, the financing of a residency, partnerships and collaborations, communication... Each video is decoded and enriched with an in-depth article on the subject. Each of our interviews is subtitled in Spanish, English and French, and sometimes in Portuguese.

- A general discussion group to open dialogue on contemporary topics. The most relevant items will be archived online as Frequently Asked Questions.

- The newsletter AIRTVPro

- Discounts on guides and webinars

- A communication service

Consulting & Management (residences)

Artists In Residence Television brings its expertise in residency management and informs its members about the latest programs, trends, funding, communication tools, audiovisual production, network relevance and partnerships. AIRTV provides all the necessary tools to increase the visibility and professionalization of residencies.

Artists In Residence Television also offers to accompany the creators of residencies from their initiation or according to the phases of development, by establishing their business model, the modalities of their programs, the drafting of their calls for applications and the activities to be developed with the artists during their residency, according to their needs, their desires and their environment.

Webinars (artists)

Individual or group sessions of assistance to artists: portfolio development, writing of cover letters, development and presentation of the project and listing of residencies appropriate to the artist's aspirations.

Call for Papers (Institutions and Opportunities)

Artists In Residence Television can relay information related to a call for applications, and communicate on an event concerning a residency that does not have a video or publish a call related to funding or mobility of artists.

Advertising (Advertisers)

Provision of several advertising spaces on our website and on the Intranet to promote products made in residence as well as goods and services related to the art, culture and tourism sectors.

Audiovisual Production Service (Art Professionals)

The residences and professionals of the culture can call upon our services of audiovisual production. AIRTV establishes estimates on demand according to the projects: Realization of a video presentation of a project - Interviews of professionals, cultural agents and artists on various themes - Realization of reports - Audiovisual coverage of events, conferences, openings and other artistic activities, all relayed on its social networks. Artists In Residence Television can help its partners and clients to establish an audiovisual communication plan.

Article 3 - The order

The buyer places his order online, from the online catalog and using the forms that appear on the site.

For the order to be validated, the buyer will have to accept, by clicking at the place indicated on the site, the present general conditions. His acceptance will lead to the sending of a confirmation email from the provider, according to the conditions described below.

Subscriptions are subject to acceptance by the provider. The latter can refuse access to the website if the buyer does not meet the conditions necessary for his subscription.

Payment is made by direct debit.

Any order implies acceptance of the prices and descriptions of the services offered.

In certain cases, notably non-payment, erroneous address or other problem on the account of the buyer, the provider reserves the right to block the order of the buyer until the resolution of the problem.

In case of impossibility of realization of the service, the purchaser will be informed by e-mail.

The cancellation of the order of this service and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.

For any question related to the follow-up of an order, the buyer must call +33 7 81 86 63 94, from Monday to Friday, from 9am to 6pm (CET).

Article 4 - Electronic signature

The online provision of bank details of the buyer and the final validation of the order will be worth proof of the agreement of the buyer and will be worth :

- due date of the amounts due under the purchase order ;

- signature and express acceptance of all operations performed.

In case of fraudulent use of bank details, the buyer is invited, as soon as this use is noticed, to contact +33 7 81 86 63 94.

Article 5 - Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of the beginning of the execution of the services, at the address indicated by the purchaser within the order form.

Article 6 - Proof of the transaction

The computerized registers, kept in the computer systems of the provider in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The filing of the purchase orders and invoices is carried out on a reliable and durable support being able to be produced as proof.

Article 7 - Information on services

The services governed by these general conditions are those which appear on the website of the provider and which are indicated as carried out by the provider or under his control. They are proposed within the limits of the availability of the provider.

The services are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the provider cannot be held responsible.

Provider's staff

By virtue of its exclusive hierarchical and disciplinary authority over its personnel, the latter will remain under the effective control of the Contractor during the complete execution of the services.

In the event of intervention on the Purchaser's premises, the Contractor undertakes to comply with the health and safety obligations of which the Purchaser will inform him, provided that his personnel are granted the same protection as that granted to the Contractor's employees.

The service provider guarantees the regularity of the situation of its personnel with regard to articles L. 1221-10 et seq. and L. 3246-1 et seq. The service provider also certifies that it complies with the provisions of articles L. 8221-1 and L. 8221-2 of the French Labor Code, relating to the fight against undeclared work, as well as with the provisions of Book III, Title IV of the French Labor Code.

During the performance of the services and for a period of one year after its completion, the purchaser undertakes not to solicit or attempt to solicit (or assist any other person to solicit or attempt to solicit) any employee of the contractor with whom he has had contact in the performance of the services. In the event of a breach, the purchaser shall owe the contractor compensation equal to one year of the last gross salary of the person so removed as a penalty clause.

Article 8 - Prices

Calculation

Unless otherwise agreed, the price of services is based on the number and experience of the personnel required, the level of skill and responsibility required; hourly rates are reviewed periodically. Travel, subsistence and accommodation expenses incurred in the performance of the services will also be invoiced, if applicable. VAT at the prevailing rate will be added to the fees and disbursements, if any. Delays or other unforeseen problems, which are beyond the control of the Provider, may result in additional fees which may be invoiced separately. The provider undertakes to inform the buyer of these delays and/or problems as soon as they occur in order to be able to evaluate the consequences with him. Invoices will be issued corresponding to the services provided and the disbursements incurred by provision and as and when they are carried out. Unless otherwise agreed, invoices are issued as soon as payment is due.

Late fees

In accordance with the law, any delay in payment obliges the Provider to charge late payment penalties. The rate of the penalties of delay is established on the basis of the legal minimum rate; in addition, the debtor in delay will be held to pay to the provider a fixed allowance for expenses of collection of 40 Euros; moreover, the provider will be entitled to suspend the execution of the services until complete payment of the unpaid invoice without that this non-fulfilment can be regarded as being imputable to him.

Price reduction

The buyer benefits from the discounts and rebates listed in the provider's price list, according to the following conditions: Discount on Webinars and Guides for paying members.

These services are not detachable from the purchase and sale operations, according to the terms and conditions determined by mutual agreement between the parties during the commercial negotiations, depending on the nature and volume of the services provided.

Article 9 - Payment terms and deadlines

Regulation

The payment of the order is made by direct debit on the bank account of the buyer. The buyer must enter his bank details in the place provided and confirm this entry by adding his bank details in the attachment of the order form. The provider reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment on behalf of the officially accredited organizations or in case of non-payment.

The provider reserves in particular the right to refuse to carry out a delivery or to honor an order emanating from a purchaser who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration. The provider has set up an order verification procedure to ensure that no one uses the bank details of another person without their knowledge. Within the framework of this checking, it could be asked to the purchaser to address, by e-mail, to the provider a copy of an identity paper as well as a proof of residence. The order will be validated only after reception and verification by the provider of the sent documents.

Payment in advance

The price is payable in full and in one instalment, upon receipt. This term will be mentioned on the invoice sent to the buyer.

Late payment

Any delay of payment will involve the immediate exigibility of the totality of the sums due to the provider by the purchaser, without prejudice to any other action that the provider would be entitled to bring, on this account, against the purchaser.

Article 10 - Response times

Except in cases of force majeure or during periods of closure clearly announced on the homepage of the site, the time of intervention will be, within the limits of availability of the provider, those indicated below. The execution deadlines run from the date of registration of the order indicated on the order confirmation email.

For the services carried out in France, the deadline is 365 working days as from the day following that when the purchaser placed his order.

In the event of delay, the responsibility of the provider could not be committed, and this, for some cause that it is. Consequently, no request for compensation, of any nature whatsoever, can be claimed by the buyer.

In case of unavailability of the provider to carry out the service, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The purchaser will then have the possibility of asking for the refunding of the versed sums in the 30 days at the latest of their payment.

Article 11 - Terms and conditions

The realization is started only after confirmation of the payment by the banking organization of the provider.

It is provided within the time period specified on the purchase order, from the time the provider receives the purchase order.

In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the service.

The service is performed at the address indicated by the buyer on the order form. The purchaser must ensure that the address is correct. The purchaser will be charged for any loss of service due to an incorrect or incomplete address. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

The purchaser shall ensure that the service provider is given access to the premises, particularly if he is not personally present on the day the service is to be provided.

The end of the service will give rise to an end of intervention document. The buyer must indicate on this document and in the form of handwritten reservations accompanied by his signature any anomaly concerning the service or the conditions of its realization.

This verification is considered to have been carried out as soon as the purchaser, or a person authorized by him, has signed the end of intervention document.

Article 12 - Obligations of the provider

The Provider's commitments constitute an obligation of means at the end of which the services will be carried out in the strict respect of the professional rules in use as well as, if necessary, in accordance with the conditions of the contract. To this end, the Provider will assign to the execution of the services the professionals with the skills required to ensure their realization in accordance with its quality standards.

Article 13 - Obligations of the buyer

In order to facilitate the proper performance of the services, the buyer undertakes:

• to provide the Provider with complete, accurate and timely information and documentation without any obligation to verify its completeness or accuracy;

• To select the most appropriate and true to life referencing criteria to facilitate the search for artists. Even if the buyer has access to a certain number of criteria and items, these are limited according to the selection category;

• To follow the recommendations of the provider for all that is visual document, in particular the size of the images and photographs. In case of non compliance of the latter, the provider will be obliged to alternate them to respect the homogeneity of the website;

• to make decisions in a timely manner and to obtain the necessary hierarchical approvals;

• to designate a correspondent with decision-making authority;

• to ensure that the key contacts and the correspondent are available throughout the execution of the services;

• to inform the provider directly of any possible difficulty relating to the execution of the services.

Article 14 - Information and publicity

Buyer acknowledges and agrees

• that the parties will be able to correspond or transfer documents by electronic mail circulating on the Internet network, unless the other party expressly requests otherwise;

• that neither party has any control over the capability, reliability, access or security of such e-mail;

• that the provider will not be held responsible for any loss, damage, cost or prejudice caused by the loss, delay, interception, detour or alteration of any electronic mail caused by any event. In general, the parties agree to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of January 6, 1978 relating to data processing, files and freedoms.

Confidential information

Each party agrees not to disclose confidential information received from the other party. Confidential information shall mean information of any kind, whether visual or oral, in any medium whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each party. Subject to the exceptions set out below, this obligation of confidentiality shall be effective for the following period: 1 year following the completion of the services. The content of the services as well as the reports, letters, information, notes, estimates, provided by the service provider during the execution of the services are also confidential. These documents are communicated to the purchaser for strictly internal use and on the condition that they are not disclosed to third parties or appended to any document that the purchaser may produce. If Buyer wishes all or part of these documents to be disclosed to and/or used by a third party, Buyer must request prior written permission from the Provider. The terms and conditions applicable to this disclosure will then be established.

Excluded information

The obligations and restrictions set forth above shall not apply to:

• confidential information that is in the public domain, or that has been freely acquired prior to the start of the service;

• are or become known other than as a result of a violation of this section;

• are or become known through other sources not bound by a disclosure restriction;

• or must be disclosed pursuant to a legal or professional obligation or at the request of any judicial or regulatory authority empowered to require disclosure of confidential information.

Subject to its confidentiality obligations, the Contractor reserves the right to perform services for companies competing with the Purchaser.

Article 15 - Intellectual Property

In the event that one of the Provider's recommendations or the use of elements delivered as a result of one of its recommendations involves the use of goods, models, drawings, photographs, etc. that are subject to intellectual property rights belonging to third parties, the Provider will inform the Purchaser of the existence of these rights and the consequences of their use. It will then be up to the purchaser and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating for his own account the rights of use under conditions such that the provider is able to prevail himself of it for the needs of the services.

For its own purposes, the Contractor may use or develop software, including spreadsheets, documents, databases, and other computer tools.

In some cases, these aids can be made available to the buyer on request. Insofar as these tools have been developed specifically for the needs of the provider and without consideration of the buyer's own needs, they are made available to the buyer for the duration of the contract as is and without any guarantee attached, for simple use; they must not be distributed, shared or communicated to third parties, either in whole or in part. This temporary availability will not entail any transfer of rights or guarantees, whatever the title, to the benefit of the buyer or the third party.

Provider reserves all right, title and interest in and to:

• original materials contained in any work, documents, memoranda, consultations, opinions, findings or other proceedings, etc., performed in connection with the Services, including, without limitation, any copyrights, trademarks and other intellectual property rights therein;

• all methods, processes, techniques, developments, and know-how incorporated or not in the services or that the provider would have to develop or provide in the framework of the services.

The purchaser will be able, without geographical limitation, on a purely free and irrevocable basis, to use in an internal way and for the duration of protection by the royalty, the elements conceived by the provider and integrated into its work. The purchaser is forbidden to distribute, market, and more generally to make available or to concede the use of these same realizations and more generally to concede the use of these same elements to third parties without the agreement of the provider.

Neither party may mention or use the name, denomination, trademarks and logos or other designations, commercial or otherwise, of the other party without the latter's prior written consent. Notwithstanding the foregoing, the Provider may use the name, denomination, trademarks and logos of the Purchaser during the course of the contract to the extent strictly necessary for the performance of the services, including in proposals for subsequent services. Furthermore, the purchaser authorizes the service provider, at the end of the execution of the services, to quote its name/name as a reference and to accompany this quotation, if necessary, with a generic description of the services performed.

Article 16 - Documents

The Provider shall retain the original documents provided to it, and shall return them to the Purchaser upon request. All documents, data or information, which the purchaser will have provided, will remain its property.

The provider will retain a copy of only those documents necessary for its working files.

Working documents prepared as part of the services are the property of Artists In Residence TV and are covered by professional secrecy.

Article 17 - Independence

In the event that a conflict of interest or a problem of independence arises during the performance of the services, the contractor will immediately inform the purchaser and will seek with him the solution best suited to the situation in compliance with the applicable rules. In particular, if a change in regulations or professional standards prohibits the contractor from continuing its services, it will make available to the buyer the result of the services as well as all documents necessary for their completion, including its documents as they are, in order to facilitate the continuation by a third party.

Article 18 - Liability of the provider

The entire liability of the Provider and its employees for any failure, negligence or misconduct in the performance of the services shall be limited to the amount of the fees paid for the services in question, to cover claims of any kind (including interest and costs), regardless of the number of actions, grounds or parties to the disputes.

This provision shall not apply to any liability for death or personal injury or any other liability which is prohibited by law from being excluded or limited.

The liability of the provider can only be engaged in case of fault or proven negligence and is limited to direct damage to the exclusion of any indirect damage, of any nature whatsoever.

Furthermore, the provider cannot be held responsible in the following cases:

• as a result of a failure or deficiency of a product or service for which it or its subcontractors, if any, are not responsible for the supply or delivery;

• for facts and/or data that do not fall within the scope of the services, and/or that are not an extension of them;

• in case of use of the results of the services, for a purpose or in a context different from that in which it intervened, of erroneous implementation of the recommendations or of failure to take into account the reservations of the provider.

The Provider shall not be liable to its insurers for consequential damages, loss of profit or expected loss of opportunity, or for the financial consequences of any actions brought by third parties against the Purchaser.

Article 19 - Warranty

The Provider warrants to the Buyer against any lack of conformity of the Services and any latent defect arising from a defect in the design or supply of the Services to the exclusion of any negligence or fault of the Buyer.

In any event, in the event that the liability of the Provider is retained, the Provider's guarantee will be limited to the amount paid by the Buyer for the provision of the services, exclusive of tax.

Article 20 - Assignability and subcontracting

The contractor reserves the right to transfer all or part of the execution of the services to providers meeting the same qualification requirements.

If the service requires particular technical skills, the contractor will inform the purchaser of the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the contractor and will undertake to keep confidential all the information of which he will have knowledge at the time of the services.

Article 21 - Claims

All claims, whether amicable or judicial, relating to the performance of the services must be made within one year of the end of the performance.

Article 22 - Right of withdrawal

The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided by the code of consumption.

Article 23 - Force majeure

Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.

Article 24 - Partial non-validation

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

Article 25 - Non-Waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.

Article 26 - Title

In case of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.

Article 27 - Protection of personal data

Data collected

The personal data that are collected on this site are the following:

account opening: when the user's account is created, the user's name, first name, e-mail address, telephone number, postal address, and all data concerning the residence;

connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location data and payment data;

profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number;

payment: in the context of the payment of products and services offered on the website, the website records financial data relating to the user's bank account or credit card;

communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;

cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.

Use of personal data

The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of the Payment Services ;

- verification, identification and authentication of the data transmitted by the user;

- offer the user the possibility to communicate with other users of the website;

- implementation of a user assistance ;

- personalization of services by displaying ads based on the user's browsing history, according to his preferences;

- fraud prevention and detection, malicious software and security incident management;

- management of possible disputes with users;

- sending commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third party companies in the following cases:

- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes a third party's website to access his/her data;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;

- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.

Security and privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by sending a request to the following address: vladimir@artistsinresidencetv.com

• The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.

• The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.

• The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.

• The right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.

• The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD.

• The right to portability: they can demand that the website gives them the personal data provided to it in order to transmit it to a new website.

Evolution of this clause

The website reserves the right to make changes to this privacy policy at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.

Article 28 - Applicable Law

The present general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.

If they fail to do so, the parties shall submit the dispute to the competent commercial court.

General terms and conditions for the sale of online services
to individual consumers

Preamble

These general conditions of sale apply to all services concluded on the website Artists In Residence TV.

The Artists In Residence TV website is a service of :

- the company Artists In Residence TV SAS

- located at: 3 rue Alexandre Leplay, Sainte Hélène-Bondeville, 76400, FRANCE

- URL of the site: http://www.artistsinresidencetv.com

- email address: info@artistsinresidencetv.com

- phone : +33 7 81 86 63 94

The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of the order. The validation of the order is thus worth acceptance of the general conditions of sale.

Article 1 - Content and scope of application

The present general conditions of sale apply by right to the following services:

Access to AIRTVPro

AIRTVPro is the Artists In Residence Television intranet platform available to member residences. To subscribe to AIRTVPro is to have access to:

- Management of your complete residency profile. (Only for "Full Access" and "Full Access Low Budget" members)

- A general discussion group to open dialogue on contemporary topics. The most relevant items will be archived online as Frequently Asked Questions.

- The AIR newsletterTVPro

- Discounts on guides and webinars

- A communication service

Consulting & Management (residences)

Webinars (artists)

Call for Papers (Institutions and Opportunities)

Advertising (Advertisers)

Provision of several advertising spaces on our website and on the Intranet to promote products made in residence as well as goods and services related to the art, culture and tourism sectors.

Audiovisual Production Service (Art Professionals)

They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or through other distribution and marketing channels.

The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.

Any order or immediate purchase implies unreserved adherence to these general terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by the seller.

The buyer declares to have read the present general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.

Subscriptions are subject to acceptance by the provider. The latter can refuse access to the website if the buyer does not meet the conditions necessary for his subscription.

Article 2 - Pre-contractual information

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.

The following information is provided to the buyer in a clear and comprehensible manner:

- essential characteristics of the service;

- the price of the service or the method of calculating the price and, if applicable, any additional charges for transportation, delivery or postage and any other charges;

- the date or time by which the provider commits to perform the service, regardless of price, and any other contractual terms;

- information on the identity of the provider, its postal, telephone and electronic contact details, and its activities;

- the procedures for handling complaints;

- the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of an open-ended contract;

- with respect to Digital Content, any relevant interoperability of such content with certain hardware or software of which the Professional has or reasonably should have knowledge.

The service provider must also provide or make available to the purchaser the following information:

- status and legal form, contact information to quickly get in touch and communicate directly with him;

- if applicable, the registration number in the trade and company register or in the trade directory;

- for activities subject to an authorization system, the name and address of the authority that issued the authorization;

- for the service provider subject to value added tax and identified by an individual number in application of article 286 ter of the general tax code, his individual identification number;

- for a provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted and the name of the professional order or body with which he is registered;

- any financial guarantee or professional liability insurance taken out by him/her, the contact details of the insurer or guarantor and the geographical coverage of the contract or commitment.

Article 3 - Order

By order, it is to be understood any order relating to the services appearing on the tariffs of the salesman, and accepted by him, accompanied by the payment of the installment possibly envisaged on the purchase order.

Any order, to be valid, must be established on the order forms of the salesman, at the disposal of the customers in its stores.

Any order received by the seller is considered firm and final.

It implies full acceptance of these general conditions of sale and the obligation to pay for the products ordered.

The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except exception provided by Article L.211-28 of the Consumer Code.

Article 4 - Quotes

For the services giving place to the establishment of a preliminary estimate, the sale will be regarded as final only after establishment of an estimate by the provider and sending to the purchaser of the confirmation of the acceptance of the order.

The estimates established by the provider are valid for 30 days.

Article 5 - Performance of the service and termination of the contract

Except for special conditions specific to the sale, the execution of the service will be carried out within 2 working days from the receipt by the seller of an order in due form.

In the event of failure of the salesman to his obligation of execution at the date or at the expiration of the time envisaged above, or, failing that, at the latest 30 days after the conclusion of the contract, the purchaser can cancel the contract, under the conditions of articles L. 216-2 and L. 216-3 and L. 216-4 of the code of the consumption, by registered letter with request for notice of reception or by a writing on another durable support, if, after having enjoined, according to the same methods, the professional to provide the service within a reasonable additional time, this last one did not carry out in this time.

The contract shall be deemed to be terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

Nevertheless, the buyer may immediately rescind the contract where the trader refuses to provide the service or where he does not perform his obligation to provide the service on the date provided for, if that date or time limit constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.

The costs and risks associated with this operation are the sole responsibility of the provider.

Except in cases of force majeure, the deposit paid at the time of order is acquired by right and can not give rise to any refund.

Article 5 bis - Renewal of the contract

The service covered by this contract is subject to an annual contract, renewable for the same period by tacit agreement.

Under the terms of Article L. 215-1 of the Consumer Code, literally reproduced:

"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in an apparent box, the deadline for non-renewal.

Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules as regards consumer information.

Article 6 - Withdrawal period and refund

The buyer has a right of withdrawal of 14 days from the conclusion of the contract.

The professional must reimburse the buyer for the totality of the sums paid, at the latest within 14 days from the date on which he is informed of the buyer's decision to withdraw (Code de la Consommation, art. L. 221-24), unless there is a justified delay.

In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the buyer, the sums due are automatically increased:

- of the legal interest rate if the refund is made no later than 10 days after the expiration of the 14-day period stated above,

- 5% if the delay is between 10 and 20 days,

- 10% if the delay is between 20 and 30 days,

- 20% if the delay is between 30 and 60 days,

- by 50% between 60 and 90 days,

- and five additional points for each additional month of delay up to the price of the product, and then the legal interest rate.

Article 7 - Prices

The prices are firm and definitive. Except for special conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.

They are expressed in legal currency and stipulated inclusive of all taxes.

Article 8 - Payment

Except for other terms expressly provided for in the special conditions, the payment of the price must be made in cash when the order is placed. No order can be taken into account in the absence of a complete payment at this date.

The payments made by the purchaser will be considered as final only after effective collection of the sums due by the provider.

An invoice will be given to the buyer on request.

Article 9 - Obligations of the buyer

In order to facilitate the proper performance of the services, the buyer undertakes:

• to provide the Provider with complete, accurate and timely information and documentation without any obligation to verify its completeness or accuracy;

• to select the most appropriate and accurate referencing criteria to facilitate the search for artists. Although the buyer has access to a number of criteria and items, these are limited according to the selection category;

• to follow the recommendations of the provider for all that is visual documents, in particular the size of the images and photographs. In case of non compliance of the latter, the provider will be obliged to alternate them to respect the homogeneity of the website;

• to make decisions in a timely manner and to obtain the necessary hierarchical approvals;

• to designate a correspondent with decision-making authority;

• to ensure that the key contacts and the correspondent are available throughout the execution of the services;

• to inform the provider directly of any possible difficulty relating to the execution of the services.

Article 10 - Guarantees - General

10-1 Legal warranty of conformity

Artists In Residence TV SAS is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 and following of the Consumer Code.

In case of implementation of the legal guarantee of conformity, it is recalled that :

- the buyer has a period of 2 years from the delivery of the goods to act;

- the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

- the buyer does not have to prove the non-conformity of the goods during the 24 months in case of new goods (12 months in case of second-hand goods), following the delivery of the goods.

10-2 Legal guarantee against hidden defects

In accordance with Articles 1641 and following of the Civil Code, Artists In Residence TV SAS is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are such as to make the property unfit for the purpose for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

Article 11 - Intellectual Property

All technical documents, products, drawings, photographs given to the purchasers remain the exclusive property of Artists In Residence TV SAS, only holder of the intellectual property rights on these documents, and must be returned to him at his request.

The purchaser-customers undertake not to make any use of these documents that might infringe the supplier's industrial or intellectual property rights and undertake not to disclose them to any third party.

Article 12 - Jurisdiction

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which could not have been solved with the friendly one between the salesman and the customer, will be subjected to the courts of competent jurisdiction under the conditions of common law.

For the definition of the competent jurisdiction, the seller elects domicile at 3 rue Alexandre Leplay, Sainte Hélène-Bondeville, 76400, FRANCE.

Article 13 - Language of the contract

The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 14 - Mediation and Dispute Resolution

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 15 - Applicable Law

The present general conditions are subject to the application of French law.

This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.

Article 16 - Protection of personal data

Data collected

The personal data that are collected on this site are the following:

- account opening: when the user's account is created, his name, first name, e-mail address, telephone number, postal address, profile, residences, artistic disciplines of the artists...

- connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location data and payment data;

- profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number;

- payment: in the context of the payment of products and services offered on the website, the website records financial data relating to the user's bank account or credit card;

- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;

- cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.

Use of personal data

The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of the Payment Services ;

- verification, identification and authentication of the data transmitted by the user;

- offer the user the possibility to communicate with other users of the website;

- implementation of a user assistance ;

- personalization of services by displaying ads based on the user's browsing history, according to his preferences;

- fraud prevention and detection, malicious software and security incident management;

- management of possible disputes with users;

- Sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third party companies in the following cases:

- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes a third party's website to access his/her data;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;

- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users would be notified before any personal data is transferred to a third party.

Security and Privacy

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by sending a request to the following address: info@artistsinresidencetv.com

• The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.

• The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.

• The right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.

• The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD.

• The right to portability: they can demand that the website gives them the personal data provided to it in order to transmit it to a new website.

Evolution of this clause

Appendix

Withdrawal form

(to be completed by the consumer, and to be sent by registered letter with acknowledgement of receipt, within a maximum of 14 days from the date of conclusion of the service contract)

Withdrawal form

Attention:

Artists In Residence TV SAS,

located at 3 rue Alexandre Leplay, Sainte Hélène-Bondeville, 76400, FRANCE,

Phone number: +33 7 81 86 63 94,

e-mail address: info@artistsinresidencetv.com.

I hereby notify you of my withdrawal from the contract for the service ordered on: .........

Consumer's first and last name: .................

Consumer address: .................

Date: ..................

Consumer's signature