These General Conditions of Use of the Services of SILAD Events (Hereafter the “CGUS”) are intended to define the respective rights and obligations of SILAD and the Event Organizer (Hereafter the “Organizer”).
By registering on the SILAD site, the Organizer expressly accepts these T&Cs which will prevail over any other document that may emanate from them in the event of a conflict.
SILAD presents under several domains, subdomains and aliases (hereinafter the “Websites”) on the one hand, an online event ticketing solution and a marketplace of sponsor spaces at the service of the Organizers. It acts as an intermediary and allows each user to benefit from its know-how, its structures and its equipment.
These T & Cs govern the contractual relationship between the Organizer and SILAD (hereinafter the “Parties”).
ARTICLE 1: Object of the contract
By this contract, SILAD is vested with the power to edit, manufacture, sell and market tickets (hereinafter the “Tickets”) and sponsor areas (Hereinafter “Sponsors areas”) on behalf of the Organizer. .
Thus, SILAD acquires from the Organizer reservation contracts, Entry Rights and advertising partnership rights (hereinafter "Entry Rights") that it intends to sell to the public and businesses. . The intermediation operation only concerns the sale to the public and to companies of Entry rights acquired by SILAD. The responsibility for the organization of the event vis-à-vis the buyers (hereinafter "the Participants") thus remains entirely the responsibility of the Organizer.
A Ticket and a sponsor space correspond to the materialization of an Entrance Fee. They allow Participants to present themselves at the venue of the event for some and to advertise there for others in order to benefit from the service offered by the Organizer.
Regarding the provision of equipment at the venue of the event or the edition of Free Tickets, SILAD acts as a simple service provider invoicing its service to the Organizer. All the provisions of these T & Cs are not affected to the extent of their compatibility with the status of service provider.
Services offered by the SILAD solution
SILAD provides the Organizer with online administration software (hereinafter the "Software") as well as an online store (hereinafter the "Shop") to which access is via login / password on the SILAD Websites. These Software and Store allow the Organizer to independently configure all of his or her events under the conditions provided for herein. The Organizer can also consult the sales status there in real time.
SILAD defaults to the Shop. At the express written request of the Organizer, and if it accepts it, SILAD can configure the Software for the event. The Organizer must then communicate all the necessary information.
This information must be communicated within a reasonable period of time and agreed with SILAD, which allows itself a minimum period of 2 working days for updating and posting this information online once receipt of the information has been observed.
The SILAD solution also offers possibilities for promoting events.
Tickets, Sponsor Areas and derivative products are sold to Participants via the technical interfaces of SILAD, which delivers them to them and takes charge of payments. This modality is the subject of a specific article hereof. SILAD generally only sells Tickets and Sponsor's Spaces online from its technical interfaces and its own Internet servers, even though the order module is integrated by the Organizer on a third-party site which calls the servers. by SILAD.
SILAD is not subject to any minimum or predetermined guarantee for the sale of Tickets and the Organizer alone bears the risk of unsold. Ditto for the Sponsors areas.
The Organizer provides SILAD with a guaranteed quota of Tickets and Sponsor Spaces, which may be increased. The Organizer undertakes not to sell or make available to SILAD a number of Entrance Fees greater than the actual reception capacity of the event.
The Organizer must endeavor not to present the events in a way likely to mislead the Participants (misleading advertising) or to reveal false allegations, indications and presentations (false advertising). It is recalled that it is not up to SILAD to verify whether said information is true and whether it is not likely to mislead the Participant as to the nature of the proposed event.
ARTICLE 2: Costs and prices of Tickets, Sponsors' Areas, Products and Services
The Organizer alone determines the selling price of Tickets, Sponsor Areas and, where applicable, Products and / or Services created as an option and may add costs thereto.
SILAD's remuneration (hereinafter the “Remuneration”) is based on the sale price of the Ticket, the Sponsor Area and the optional products and / or services, to which are added any costs added by the Organizer. . Its amount is indicated in the List of Tariffs accessible in the “Tariffs” section of the SILAD Websites.
The price changes will be made under the conditions provided for in article 27 hereof.
For the sale of Tickets, it is expressly agreed between the Parties that the Remuneration will remain due in all circumstances. Thus, if for any reason whatsoever, the Organizer had to return the price of the Ticket or the Sponsoring Space to the Participants, the Remuneration would remain retained by SILAD.
For the sale of Sponsor Spaces, it is expressly agreed between the Parties that the activation costs will remain due in all circumstances.
The Remuneration as determined in the second paragraph of this article includes, unless otherwise provided, the Value Added Tax in compliance with tax standards.
On the condition that this remuneration is mentioned in the List of Tariffs, the Organizer authorizes SILAD to invoice the Participants for management costs, which costs will be entirely theirs. SILAD will be personally responsible for the recovery of these costs.
Compensation may be received by SILAD for free Tickets or for Tickets generated by the Software and giving rise to direct collection by the Organizer. This Remuneration will be mentioned in the List of Rates.
ARTICLE 3: Financial provisions
Payment of the price of Tickets and Sponsor Spaces
The payment of the Organizers, on the basis of the sales made, takes place every two weeks, on the 1st and 16th of each month. Taking into account incompressible interbank delays and working days, the Organizers' credit is generally effective between 1 and 3 days after the 1st and 16th of the month. For the first payment, an additional period linked to control and security operations is to be expected.
Each event will give rise to a sales summary. At any time, the Organizer can access, via the Software and the Shop, the sales summary.
The Organizer is under the obligation to express without delay its objections concerning the payments made by SILAD and at the latest four weeks after the payment. In the absence of objection, the settlement is considered final and fully discharging SILAD.
It is reminded as necessary that SILAD cannot make a payment if the Organizer's bank details are empty, incomplete, incorrect, or in a currency different from that of the sales made.
Retention of the price of Tickets and Sponsor Spaces
In addition, SILAD reserves the right not to make a payment if it has doubts about the beneficiary entity of the funds: account registered abroad, lack of information, etc. It is in fact reminded that the services of SILAD may not be used for fraudulent or fraudulent purposes.
SILAD may, in the case of the previous paragraph, retain the price of Tickets and Sponsor Spaces unilaterally. However, it will inform the Organizer by e-mail within a reasonable period of time from the day on which it has taken the decision to proceed with the blocking.
In this case, SILAD will withhold the sale price of tickets and sponsor spaces until it has duly justified the identity of the holder of the account beneficiary.
Likewise and under the same conditions, SILAD reserves the right to withhold payment of the sums due until the event has fully unfolded if there are legitimate doubts as to the proper conduct of the event: event with risk of cancellation. important, event that may be contrary to the rules of public order, etc ...
Under the same conditions, SILAD reserves the right to withhold payment of the sums due until the event has fully unfolded if there are legitimate doubts as to the rights to distribute the Tickets and the Sponsor Areas relating to the event: Organizer who does not hold all the authorizations required for the organization of the event, misleading advertising, manifest lack of the right to operate a show, etc ...
In the cases provided for in the previous paragraphs, SILAD may request from the Organizer the transmission of any document attesting to the reality and seriousness of the organization of the event: rental contract, prefectural authorization, KBIs extract, proof of address of the person in charge or identity document of the Organizer, etc ...
In any case, the transmission of these documents will not be sufficient to entail the payment of the sums concerned. Indeed, in the event of a legitimate doubt about an event or about the Organizer, the price of Tickets and Sponsors' Areas will remain acquired by SILAD pending the smooth running of the event or pending reimbursement to the Participants. SILAD expressly reserves the possibility of contacting one or more Participants to verify the statements of the Organizer.
It is agreed and accepted by the Parties that the right to withhold the price of Tickets and Sponsor Spaces is also understood in the event that an Organizer organizes several events via the SILAD company. Thus, in the event that SILAD has doubts as to the good performance of one or other of the Events organized by the Organizer or as to the right for the Organizer to distribute Tickets or sponsor Spaces for the one or the other of the Events, SILAD will be authorized to withhold all the sums supposed to go to the Organizer, that is to say those relating to one or the other of the Events.
Billing mandate
It is expressly accepted by the Parties that by accepting these T & Cs, the Organizer mandates SILAD for the purposes of establishing its own invoices. The report referred to in this article is equivalent to an invoice issued in the name and on behalf of the Organizer. In this regard and in accordance with the tax provisions in force, it is recalled that the Organizer / principal retains full responsibility for its obligations in terms of invoicing and its consequences with regard to VAT. It is also recalled that the period of 4 weeks stipulated in paragraph 3 of this article is also provided for the purposes of contesting the content of invoices. The Organizer / principal makes a firm commitment to pay the tax mentioned on the invoices to the Public Treasury, to immediately request a duplicate of the invoices if the duplicates have not reached him and to notify SILAD of any modification in the identification of his business.
The invoicing mandate granted to SILAD in no way exonerates the Organizer from its tax obligations. Also, the Organizer declares to be fully informed of the fact that invoices issued in its name and for its own account must bear the same information as if they were issued directly by itself. The Organizer undertakes to inform SILAD without delay of any mandatory information concerning him which may not appear on the invoices. To fully comply with the tax regulations applicable to it and in the single event that SILAD would find itself unable to do so, and for any reason whatsoever, including those provided for in these T & Cs, for a period exceeding 24 months. to return sums to the Organizer, SILAD will then be forced to record these sums in its tax base: the sums will then no longer be refundable.
It is reminded as necessary, that an alert system by e-mail informs the Organizer of any impossibility of payment, indicating the reasons for this impediment, whether they are technical and / or administrative, as well as the actions he must take so that the resumption of payments can be ordered as soon as possible. In addition, SILAD's invoicing service can be contacted to provide any help and information useful to the Organizers.
ARTICLE 4: Unpaid
SILAD is only liable to the Organizer for the proper performance of its intermediary obligations, that is to say for the sale of Tickets and Sponsor Spaces to Participants. Also, SILAD can not be held responsible for the fault of the Participants, including the non-payment of the price of Tickets and Sponsored Spaces. As such, the Organizer undertakes to take responsibility and without exception for all rejection of payment by credit card that may arise (hereinafter “Unpaid”), whatever the reason.
It is recalled that a transaction by bank card on the Internet can become unpaid when the holder of the bank card informs his bank that a transaction has not been authorized or that the order has not been delivered. Rejects are usually the result of objections due to theft or loss. It can also be the non-recognition of the transaction on the cardholder's bank statement, or sometimes an abuse. In the event of an unpaid debt, the bank of the bank card holder, after possible arbitration of the card network (Visa, Mastercard, etc.), cancels the operation and withdraws SILAD's bank account for the amount of the canceled operation.
The Organizer expressly accepts to assume the risk of unpaid debts and renounces in advance to engage the responsibility of SILAD, this in any capacity whatsoever, in the event of the occurrence of an unpaid.
In the event of an unpaid debt, if this amount has already been paid to the Organizer, SILAD will seek as far as possible to contact the Participant in order to settle the situation amicably. The steps taken by SILAD with the Participant do not constitute any obligation of result, SILAD having to content itself with seeking a quick amicable solution to the unpaid debt by reminding the Participant of its obligations. After a period of one month from the notification of the Unpaid by the bank, and in the absence of regularization of the unpaid, SILAD will invoice the Organizer for the amount of the unpaid, the remuneration of SILAD as defined in article 2 hereof remaining acquired.
It is recalled that SILAD uses all the technical devices that can currently be reasonably used by the main players in e-commerce to protect themselves, and to protect the Organizer, against the risk of unpaid bills. The Organizer expressly declares that SILAD is released from all liability in the event of failure of these systems, which it further declares to be fully aware of, particularly in the context of the use of stolen foreign cards. Also, within the framework of the relations between SILAD and the Organizer, it is expressly accepted that the guarantee on the arrears of the Organizer is due in any event. In return, SILAD will actively collaborate with the Organizer for the purposes of assisting it in the recovery against the Participant, and in particular in view of the information that it may hold and be able, in compliance with legal provisions, to transmit to it. . The Organizer irrevocably undertakes to indemnify SILAD for all costs incurred, whatever they may be, within the framework of the restitution of unpaid bills.
ARTICLE 5: Registration of an event by the Organizer
It is expressly agreed between the Parties that the settings made for each operation will be equivalent to an order made to SILAD to market the Tickets and the Sponsoring Areas according to the fixed quotas. During each setting, the Organizer will define the quotas of Tickets and Sponsor Spaces, the dates and times of the event and the Selling Price of the Tickets and Sponsor Spaces.
ARTICLE 6: General Conditions of the Organizer
The Organizer can distribute its own conditions of sale to the Participants via the SILAD interface.
In the event of incompatibility of the clauses of said conditions with the conditions binding SILAD to the Participants, the SILAD conditions will prevail, which is accepted.
ARTICLE 7: Modification and cancellation of the event - Reimbursement of the Participant
Cancellation cases
If an event is substantially modified (modification of the date, time, location of the event or its programming) while Tickets and Sponsor Spaces have been sold or are still offered for sale, the Organizer must immediately inform SILAD.
The Organizer is reminded, who assumes full responsibility for it, that the substantial modification of an event is assimilated within the framework of the present conditions and the texts in force to a cancellation of the event.
Repayment obligation
SILAD recalls that the obligation to reimburse Participants for the full price paid in the event of cancellation of the event is a personal obligation of the Organizer's legal representative.
The Organizer therefore expressly authorizes SILAD to make reimbursements using sums owed to it, for any reason whatsoever. SILAD may proceed with reimbursement for a given event, including with sums due for other Events organized by the Organizer. In the event of an insufficiency, the Organizer undertakes to remit to SILAD in advance the funds necessary for the reimbursement of the Participants and to irrevocably guarantee SILAD against any claim by the Participants. In the same context, SILAD will be authorized to communicate with the Participants by giving them contact details and all useful information about the Organizer so that the Participants can request a refund directly from the latter.
In the event of reimbursement, the remuneration owed by the Organizer to SILAD will remain with the latter.
It is recalled 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 Organizer
Except in cases of postponement, substantial modification or cancellation, the Organizer may expressly ask SILAD to reimburse Participants in whole or in part for all or part of the Tickets already sold, without having to justify a reason. In this case, and if SILAD is not already in possession of the sums to proceed with the reimbursement, for any reason whatsoever, the Organizer must pay SILAD the sums necessary to proceed with the reimbursement. It is recalled that in the case of reimbursement at the initiative of the Organizer, SILAD's remuneration will remain acquired.
Insurance to compensate for reimbursement
SILAD may at its discretion ask the Organizer to provide proof of the subscription of insurance to cover the cost of reimbursing the Participants, before the conclusion of the contract or during its execution. SILAD must be designated as the beneficiary of the insurance so that the indemnities are paid to it for reimbursement.
Insurance must be taken out to cover all cases of cancellation, including postponement or substantial modification of the event, whether the Organizer is responsible or not.
Even in the event that insurance to mitigate the risk of cancellation was taken out, SILAD may withhold all sums due to the Organizers, in accordance with what is stated in the article "RETENTION OF THE PRICE OF TICKETS AND SPONSORS SPACES" until the relevant Event (s) take place.
Fraudulent use - Security deposit
As the Software must not be used for fraudulent purposes or by unscrupulous Organizers, SILAD reserves the right to withhold the price of Tickets and Sponsor Spaces until the smooth running of the event (s) organized by the Organizer, in accordance with the provisions of article 3 of these “Withholding of the price of Tickets and Sponsors' Areas in the event of legitimate doubt”. In addition to this possibility, SILAD reserves the right to request, before any marketing, or, during marketing, the delivery of a personal guarantee from the Organizer to guarantee the return of the price of tickets and sponsor spaces and the costs of cancelation. The guarantee may also and where applicable be requested from any banking establishment or any natural or legal person proving their domicile or registered office in France, said person taking part or not in the organization of the Event. SILAD reserves the right to request any document useful for studying the guarantees that would be granted as well as reserves the right to refuse the guarantee of certain persons at its discretion.
ARTICLE 8: Intellectual property
SILAD rights
SILAD remains the owner of the design of the Site and of the Software and Shops that it has produced. The Organizer recognizes the Ticketing Software and the Boutique as a work of the mind that it and the members of its staff undertake to consider as such by refraining from copying or reproducing it in whole or in party by any means and in any form, to transcribe it or translate it into any other language or language or to adapt it or to add any object that does not conform to its specification.
Content other than that which could be posted by an Organizer included or accessible on and / or through the SILAD Websites and in particular any text, graphics, logos, names, brands, designations, tabs, functionalities, images, sounds, data , photographs, graphics and any other material or software (hereinafter the “SILAD Content”) is the exclusive property of SILAD and is protected by intellectual property rights and all the legislation in force.
SILAD Content may only be used and exploited by SILAD and / or its licensees and any use thereof constitutes, unless SILAD expressly agrees with a prohibited act of infringement.
Hosting Organizer Content
By making Content available on SILAD's Sites (hereinafter the “Organizer Content”), the Organizer accepts that other Organizers, the Public or the Participants, have free access and for exclusively personal purposes, to view and share Organizer Content on SILAD's Websites, on other electronic communication media (in particular on mobile phones) for the duration of the hosting of said Content on SILAD's Websites.
For the duration of the hosting of the Organizer Content and within the exclusive framework of the functionalities making it possible to make the SILAD Websites accessible via the Internet or other electronic communication media, the Organizer authorizes SILAD to reproduce and / or represent its content. and, if necessary, to adapt the format for this purpose.
It is recalled that given the specificities of the Internet, SILAD cannot be held responsible for any misappropriation or piracy of content transmitted by the Organizer to SILAD. The Organizer is required to take all necessary measures to protect its Content and data concerning it.
However, it is recalled that the data present on the SILAD site (s) are only accessible by third parties for the purposes of marketing tickets, sponsor space and other SILAD services. Thus, SILAD does not authorize anyone, user of these services or not, to use this data in a context other than the application of this contract.
ARTICLE 9: Responsibility for the content posted by the Organizer
By providing content (text, images, videos, digital files or any other element) on the SILAD websites, the Organizer is required to comply with the legal and regulatory provisions in force. It is therefore his responsibility to ensure that the storage and distribution of this content via the SILAD Websites does not constitute a violation of the rights of third parties for which he does not have the necessary authorizations.
It is forbidden to use the services of SILAD to organize illicit and prohibited events.
The dissemination of content likely to infringe good morals or public order is prohibited. In particular, it is forbidden to use SILAD's hosting services to disseminate content or information that incites discrimination, hatred or violence towards a person or a group of people because of their membership. or of not belonging to a race, a religion, or a specific nation or insulting the victims of crimes against humanity by contesting the existence of these crimes or by defending them. The dissemination of humiliating or defamatory content as well as content of a pornographic nature or infringing the legal provisions relating to the protection of children is also prohibited.
In the event of dissemination of content in violation of the prohibitions referred to in the preceding paragraphs, the Organizer Content may be withdrawn and the Organizer's account may be deactivated, without prior formality and without prejudice to any damages.
It is recalled that SILAD assumes no responsibility for the content, data and information provided by the Organizer and disseminated via its websites.
As a content host, SILAD's only obligations concern the fight against certain content, the conservation of the connection data of Participants and Organizers, moreover covered by professional secrecy and processed in compliance with the legal provisions in terms of personal data as well as the withdrawal of any clearly illegal content, once the existence of this content has been brought to its attention.
ARTICLE 10: Interruption of Services
In the event of a scheduled interruption of services for maintenance, security or storage management reasons, SILAD will inform the Organizer within a reasonable period of time before the interruption. In this context, SILAD will indicate the foreseeable duration of the interruption of services. SILAD undertakes to do everything possible to schedule said maintenance operations so that they occur between one (1) hour and five (5) a.m., in order to minimize their consequences on the accessibility of the service. of Ticketing.
SILAD undertakes to inform the Organizer, through the events.Silad.com site as soon as it becomes aware of it, of any technical malfunction affecting its Ticketing system and likely to result in an interruption of more than twenty-four (24) hours, so that the Organizer can make all the necessary arrangements and in particular sell the Tickets and Sponsor Spaces allocated to SILAD by itself and / or by other distribution channels. Any unplanned and non-faulty interruption of services can not engage the responsibility of SILAD. In the event of such a case of force majeure, SILAD undertakes to do everything possible to restore the services as soon as possible.
The Organizer also undertakes to inform SILAD when it becomes aware of or notices a malfunction of the SILAD Services.
ARTICLE 11: Declarations and guarantees of the Organizer
The Organizer certifies having:
- all rights, in particular intellectual property and exploitation rights required on the works and other elements used for the purposes of promotion or during the event,
- the right to distribute Tickets and Sponsor Areas relating to the event. As such, the Organizer declares that it is not committed within the framework of any exclusivity agreement concerning the sale of Tickets and Sponsor Spaces guaranteed by SILAD of any third party recourse in this regard,
- all the authorizations required for the organization of the event, of which the Tickets and Sponsors' Spaces will be sold by SILAD and in particular for the show contractors of the show contractor's license when this is compulsory.
The Organizer guarantees SILAD against any complaint that may be addressed to it in this regard.
The Organizer certifies that it holds the rights to use the images and texts that it communicates to SILAD and posted on the SILAD websites. In this regard, it guarantees SILAD against any action by third parties, in particular any action for infringement, as a result of this use on the SILAD sites.
The Organizer expressly declares to SILAD that it is not contractually bound to any third party and that it can freely use the services of SILAD in accordance with these conditions.
The Organizer declares that it is responsible for all administrative and fiscal procedures necessary for the organization of the event and for the payment of all taxes and duties relating thereto.
The Organizer declares that it is responsible for the proper organization of the event and the smooth running of it. As such, he undertakes to comply with all applicable regulations in this area and in particular with regard to safety, regulations on drinking establishments and provisions relating to work.
The Organizer expressly authorizes SILAD to use its name and / or logo or that of its events as a reference. This authorization applies in particular to all commercial communications from SILAD and whatever the medium, throughout the duration of this contract. At the end of this contract, the Organizer, if it so wishes, may expressly request with as much detail as possible the withdrawal of the elements used in these communications. Upon receipt of this request, SILAD, insofar as it has the option, will have a reasonable time to make the requested changes.
The Organizer declares that it has full legal capacity to enter into this agreement. He declares not to have been the subject in the past nor to be the subject of any procedure such as safeguard, reorganization or judicial liquidation. The private Organizer and individual declares not to be the subject of any over-indebtedness or personal bankruptcy proceedings. He also undertakes to inform SILAD without delay of any circumstance that may affect its legal capacity or its financial capacities such as, without this list being exhaustive, cessation of payments, ad hoc mandate, conciliation, safeguard procedure. , reorganization or judicial liquidation.
The foregoing declaration is certified by the natural person signing this contract on behalf of the Organizer, a legal person. This person also declares that he has never been a partner or managed, 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 a false declaration, the signatory of this agreement committing a legal person will assume personally and jointly with the Organizer all the consequences of his false declaration, SILAD intending that its services be used by natural or legal persons not presenting any risk. insolvency.
ARTICLE 12: SILAD Obligations
As part of the transfer of tickets, SILAD undertakes to edit the Tickets in its name in accordance with the settings made by the Organizer or by itself in the event that the Organizer has asked it to configure directly the event according to given instructions.
As part of the transfer of sponsor spaces, SILAD undertakes to manage the stock of spaces in its name in accordance with the settings made by itself at the request of the Organizer.
SILAD undertakes to comply with all legal provisions relating to the publication of tickets and the management of sponsor areas and in particular to comply with the provisions incorporated into the general tax code. As such, he undertakes to transmit to the Organizer, who will request it, the elements necessary for the description of the ticketing system put in place, in accordance with article 8 of the Decree of October 5, 2007 relating to obligations of show operators including an entrance fee.
SILAD will comply with all the provisions of the aforementioned Decree of October 5, 2007, in particular by:
- publishing Tickets in accordance with the legislation; These Tickets must include the following information in an apparent manner or in the form of coded information: identification of the operator, name of the show and, where applicable, the number of the screening to which it gives entitlement, category of seats to which it is entitles the participant, the total price paid by the Participant or the indication of free admission, transaction number assigned by the ticketing system, and, in the event of a presale, identification of the screening for which it is valid as well as that of the date and of selling location ;
- ensuring during the legal period the conservation of data relating to the issuance of Tickets and allowing the Organizer to access them in the event of an inspection.
SILAD will keep the recipe statements in their original content and in chronological order. It will publish in real time a statement including for each category of seat the number of tickets issued, the price of seats and the corresponding revenue. This statement will be accessible online via the Software.
SILAD undertakes to ensure the confidentiality of information designated as confidential.
SILAD undertakes to report, if necessary, without delay to the Organizer any difficulty encountered by it in the sale of Tickets and Sponsor Spaces.
ARTICLE 13: Exclusion of liability
SILAD cannot be held responsible for any inability of the Organizer to access the Online Software, the Online Store or the impossibility for customers to access online shopping areas that are due to difficulties. linked to the Internet or for any other cause beyond its control.
SILAD cannot be held responsible for incorrect configuration of the Online Software by the Organizer.
SILAD does not grant any guarantee, express, implied, legal or otherwise, and in particular excludes any guarantee concerning the ability of its services to meet the expectations or particular needs of the Organizer.
ARTICLE 14: Obligations of the Organizer
Acceptance of Participants
The Organizer undertakes to accept all Tickets (vouchers and Individual Tickets) issued by the SILAD electronic ticketing system which will be presented to it during the course of the event it is organizing.
The Organizer undertakes to accept all offers to purchase sponsor spaces from advertisers including the list of authorized activity sectors that it has established.
In accordance with the legislation in force, the Organizer undertakes to exchange Group Tickets (single ticket giving an entry fee to several participants) which are countermarks for individual Tickets when they are presented at the venue. occasion of the unfolding of the event concerned.
Compliance with tax regulations
The Organizer undertakes to be in good standing with the tax regulations governing the events it organizes. In this regard, under its own responsibility, the Organizer must indicate in the software the rate of VAT that SILAD must apply to the sales of Tickets and to its remuneration. Also, it is expressly agreed and accepted that the Organizer will guarantee SILAD against any convictions that may be pronounced against it relating to non-compliance with the tax provisions in force.
The Organizer, under his own responsibility, furthermore undertakes to inform the Regional Directorate of Indirect Rights to which he is responsible for sports events or the General Directorate of Public Finances for others when the ticketing system has been put into service. manifestations, and this before the first use.
General obligations
The Organizer is required to keep secret his login and password used when setting up an event and cannot engage the responsibility of SILAD in the event of fraudulent use of these. In particular, he will ensure that the bank details indicated correspond to reality and that they could not be modified.
The Organizer, a legal person, is under the obligation to inform SILAD without delay of any change in its name or corporate name, its domicile, the registered office of its company or association or its billing address, legal form. of his company, his bank details or his VAT number. The Organizer, a natural person, is bound by the same obligations regarding changes in circumstances. Any notice of change must be made in writing in the Software.
He likewise undertakes to inform SILAD of any event liable to lead to the cancellation of the Event.
The Organizer more generally undertakes not to act in such a way as to undermine SILAD's brand image, in particular that it will have to respect its obligations towards the Participants during the events.
The Organizer declares to be aware that SILAD could in the minds of certain Participants be assimilated to itself. Consequently, he undertakes not to undermine the credibility and image of SILAD, under penalty of damages.
ARTICLE 15: Internet re-routing - Advertising - Trademarks and distinctive signs - Widget
For the sale of Tickets, the Organizer can set up a hypertext link on its own website www.ORGANISATEUR.fr redirecting Internet users to the technical solutions of SILAD in order to offer Internet users the possibility of making their reservations by line. Access to the Internet Ticketing from the Site www.ORGANISATEUR.fr is then made from the home page of the Site or from any section dedicated to the Ticketing.
The Organizer can also directly integrate a SILAD Widget on his page. In this case, the Participants will place the order directly on the Organizer's site.
Referral to the Organizer's site or a SILAD mini-site does not impact these contractual provisions.
ARTICLE 16: Access control
As part of the normal use of SILAD, the Organizer may need to use the Event Ticket Plus QR application. In this case, the Organizer will download this application from the Apple store and Play store ahead of the event in order to get used to the specificities of use.
ARTICLE 17: Period of validity of the Contract and termination
This Contract is concluded for a fixed period and ends when all the Events marketed by the Organizer via the SILAD company have taken place. As the Parties do not intend to make their commitment subject to a reflection period, this contract takes effect on the date of its acceptance by the Organizer.
If it sees fit, SILAD may automatically terminate this contract without prior notice and without notice in the event of the Organizer's breach of any of its obligations.
Thus, SILAD may terminate the contract, without this list being exhaustive, in the event of non-compliance with its fiscal, social or security obligations relating to the organization of events or in the event of:
- Violation of the rights of third parties,
- Distribution of illegal content,
- Violation of the provisions relating to reimbursement of Participants,
- And generally in all cases where a behavior could undermine the notoriety and the brand image of SILAD due to the non-respect of its obligations towards the Participants as Organizer of events.
The termination of this contract will be pronounced without prejudice to any damages.
ARTICLE 18: Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code. It is expressly agreed that the following facts can never constitute a case of force majeure, the Organizer having to assume full responsibility and responsibility:
- Occurrence of an Unpaid,
- Cancellation or modification of an Event, voluntary or not.
It is also recalled that SILAD uses all the technical devices that can currently be reasonably used to ensure the continuity of its service and in particular the hosting of SILAD Internet Sites, so SILAD cannot be held liable if its server or server (s) on which the Site is stored was unavailable for reasons of force majeure such as, in particular, failure of the public electricity network, strikes, storms, wars, earthquakes, failure of the public telecommunications network, loss of Internet connectivity due to public and private operators on which SILAD depends.
In the event of a shutdown for technical maintenance intervention, the provisions of article 10 also apply.
The Organizer waives any compensation of any kind whatsoever in the event of the occurrence of a case of force majeure and SILAD cannot be held responsible in the event of a call to external service providers or in the event that it is impossible to sell products. Tickets for the event via the SILAD Sites.
This clause is considered essential and decisive of the consent of SILAD.
ARTICLE 19: Reminder of the intrinsic characteristics of telecommunication networks
The Organizer considers itself fully informed of the risks inherent in the distribution of content through networks, even if SILAD uses all the security standards capable of ensuring a high level of security and reliability (https, SSL certificate …).
It is recalled that data transmission only benefits from relative technical reliability:
- The content of the Site can be disseminated, reproduced and represented without geographical limitation,
- Data circulating on the Internet is not protected against possible misappropriation,
- The provision of content may be subject to intrusion by unauthorized third parties and computer breaches,
- The technical capacities of online networks are such that at certain times of the day, Internet access can be saturated (poor telephone connection, insufficient modem, insufficient bandwidth, saturation of the node, etc.).
As a result of the foregoing and with full knowledge of the Services and the SILAD Sites, the Organizer waives any liability on the part of SILAD in connection with one of the facts or events mentioned above.
ARTICLE 20: Agreement on proof - Online contracting process
The online contracting process complies with the provisions of articles 1366 et seq. Of the Civil Code.
Proof of acts will be kept and archived by SILAD in accordance with the legal and regulatory provisions in force.
The Parties may rely, in particular for the purposes of proof of any act, fact or omission, of programs, data, files, recordings, operations and other elements of a nature or in electronic format.
The Organizer undertakes not to contest the admissibility, validity, enforceability or probative value of the aforementioned elements of nature or in electronic format, on the basis of their electronic nature. Unless proven otherwise, these elements will be valid and enforceable between the Parties in the same manner, under the same conditions and with the same probative force as any document that is drawn up, received or kept in writing.
It is expressly agreed that in the event of a discrepancy between the computerized registers of SILAD and the documents in paper or electronic format available to the Organizers, the computerized registers of SILAD shall prevail.
ARTICLE 21: References
SILAD is expressly authorized to include the name of the Organizer on the list of its commercial references, unless expressly opposed in writing by the Organizer.
ARTICLE 22: Computing and Freedoms
Pursuant to Law 78–17 of January 6, 1978, it is recalled that the personal data requested from the Organizer are necessary for the provision of services.
These data may be communicated to any SILAD partners responsible for the execution, processing, management and provision of the SILAD service.
The Organizer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the modalities defined on the SILAD Websites.
ARTICLE 23: Compliance with GDPR regulations
It is recalled that as part of its activity, SILAD is required to collect personal data from Participants for its own account, and this is able to ensure the proper execution of transactions (ie sale of Tickets to Participants) and the conservation proof of said transactions. SILAD is also called upon to act as a subcontractor of the Organizer (ie data controller) since it will carry out the processing of personal data on behalf of the Organizer who is responsible for the organization of the event and which sells Tickets directly to Participants, via the services of SILAD.
The purpose of these clauses is to define the conditions under which SILAD undertakes to carry out the personal data processing operations defined below on behalf of the Organizer.
As part of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016 ⁄ 679 of the European Parliament and of the Council of April 27, 2016 applicable from 25 May 2018 (hereinafter, “the European data protection regulation”).
Definition of the processing that SILAD is authorized to process on behalf of the Organizer:
SILAD is authorized to process on behalf of the Organizer the personal data necessary to provide the following service (s):
- Sale of Tickets and Sponsored Spaces by SILAD to Participants on behalf of the Organizer in application of the present conditions,
- Provision of equipment to control the access of Participants with a Ticket to the Organizer's Event,
- Dissemination of information and changes on the course of the event.
The nature of the operations carried out on the data is:
- Identical collection and return for the benefit of the organizer,
- Storage until expiration within SILAD systems,
- Aggregation for sales statistics and access to the event.
The purposes of the processing are:
- Identification of the Participant,
- Verification that the Participant is authorized to participate in the event,
- Verification of the conditions specific to one or other of the price categories of the event,
- Interoperability with third-party access control solutions,
- The dissemination of practical information on the progress of the event,
- Keeping proof of the transaction between SILAD, the Participant and the Organizer,
- In the event that the Organizer wishes to collect other data for other purposes, it will be necessary for him to provide information when setting up the event (i) first the nature of the data, (ii) then the purpose of the collection. In this context, it is specified that the Participant may oppose the collection of this data.
The personal data processed are:
- By default, the last name, first name, e-mail address and telephone number,
- According to the needs of the event: the company, the date of birth, the postal address, a photo identifying the person,
- For the purpose of traceability, the purchase IP address is also kept,
- The payment reference to our bank payment provider,
- It is recalled that the Organizer sets the event itself before the Ticket is marketed so that the personal data processed are more generally all the information whose communication will be requested by the Organizer when setting up the event. .
The categories of data subjects are:
- All natural persons who have purchased Tickets to go to the venue of the event.
For the execution of the service subject hereof, the Organizer provides SILAD with the following necessary information:
- Name or corporate name of the Organizer,
- His email address,
- Its legal status,
- Its intra-community VAT number if applicable,
- The first and last name of the legal representative,
- His postal address,
- His bank details (IBAN) as soon as there are issues of banknotes collected by SILAD.
It is also recalled that SILAD reserves the right to request any other information relating to the Organizer, in particular in the event that it has doubts about the holding of the Event or about the morality and good faith of the Organizer.
SILAD's obligation towards the Organizer:
SILAD is committed to:
- Process the data only for the purposes that are the subject of the subcontracting,
- Process the data according to the instructions received when setting up the event. If SILAD considers that an instruction constitutes a violation of European data protection regulations or any other provision of Union law or the law of Member States relating to data protection, it will immediately inform the Organizer. Likewise, if SILAD is required to transfer data to a third country or to an international organization, under Union law or the law of the Member State to which it is subject, it must inform the Organizer of this legal obligation before processing, unless the relevant law prohibits such information for reasons of public interest.
- Guarantee the confidentiality of personal data processed under this contract,
- Ensure that the persons authorized to process personal data under this contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and that they receive the necessary training in data protection matters of a personal nature,
- Take into account, with regard to its tools, products, applications or services, the principles of data protection.
Subcontracting:
SILAD is required to call on subcontractors as part of its activity, which is expressly accepted by the Organizer, in general. The said subcontractors must, under the responsibility of SILAD, respect the obligations arising from this contract in terms of personal data. SILAD will therefore ensure that its subcontractors provide sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of European data protection regulations.
Right to information of the persons concerned:
SILAD will transmit to the persons concerned by the processing, by means of suitable devices, the information relating to the data processing that it carries out.
If Tickets and Sponsor Space are sold directly on the Organizer's site via the SILAD application, the Organizer will provide the information to the persons concerned by the processing at the time of data collection. . To this end, the Organizer undertakes to present, where applicable, conditions of sale and conditions of use of its website in accordance with European regulations and these. It releases SILAD from any liability in this regard.
Exercise of personal rights:
As far as possible, SILAD must help the Organizer to fulfill its obligation to respond to requests for the exercise of the rights of data subjects: right of access, rectification, erasure and opposition, right restriction of processing, right to data portability, right not to be the subject of an individual automated decision (including profiling).
The Organizer will, if necessary, mandate SILAD to respond within the legal deadlines to the requests of the persons concerned by the processing in the event of the exercise of their rights, with regard to the data subject to the subcontracting provided for in this contract.
Notification of personal data breaches:
SILAD will notify the Organizer of any personal data breach within a maximum period of 72 hours after becoming aware of it, by email.
This notification will be accompanied by any useful documentation to enable the Organizer, if necessary, to notify this violation to the competent supervisory authority.
Help from SILAD within the framework of the respect by the Organizer of its obligations:
SILAD will provide the Organizer with the necessary assistance in compliance with its legal obligations.
Security measures :
SILAD undertakes to implement the following security measures:
- Verification of the identity and rights of persons accessing private data,
- Logical and physical protection against access to data other than by the SILAD application,
- Logical protection of the SILAD application against any unauthorized access to data,
- Guaranteed persistence and recovery in the event of system failure.
The Organizer for its part undertakes to implement the following security measures in its internal organization:
- Pseudonymization and encryption of personal data,
- Implementation of the means to guarantee the confidentiality, integrity, availability and constant resilience of processing systems and services,
- The means to restore the availability of personal data and access to them in the event of physical or technical incidents,
- A procedure aimed at testing, analyzing and regularly evaluating the effectiveness of technical and organizational measures to ensure the security of data processing.
At SILAD's first request, the Organizer must be able to justify the processes implemented to guarantee the security of the personal data collected and processed by SILAD on behalf of the Organizer. SILAD also reserves the right to suspend the execution of all or part of the clauses of this agreement in the event of legitimate doubt as to the ability of the Organizer to comply with its legal and regulatory obligations relating to the protection of personal data. personal character and in the event of misuse of its services. SILAD will not assume any responsibility as for the violations by the Organizer of its own obligations, the responsibility of SILAD being limited to the security measures implemented by its own services.
Data fate:
At the end of the provision of services relating to the processing of this data, SILAD undertakes to destroy all personal data.
With SILAD's agreement, the Organizer may request that the data be sent to it or returned to another subcontractor appointed by the Organizer.
The return must be accompanied by the destruction of all existing copies in SILAD's information systems. SILAD will then justify it in writing, at the request of the Organizer.
Register of categories of processing activities:
SILAD declares to keep in writing a register of all categories of processing activities carried out on behalf of the Organizers, including:
- The name and contact details of the Organizers on whose behalf he is acting, of any subcontractors and, if applicable, of the data protection officer,
- The categories of processing carried out on behalf of the Organizers,
- Where applicable, transfers of data to a third country or to an international organization, including the identification of this third country or this organization, and, in the case of transfers referred to in Article 49 (1) second subparagraph of the GDPR , documents attesting to the existence of appropriate guarantees,
- As far as possible, a general description of the technical or organizational security measures, including among others, as necessary: (i) pseudonymization and encryption of personal data, (ii) the means to guarantee confidentiality , the constant integrity, availability and resilience of processing systems and services, (iii) the means to restore the availability of personal data and access to them within an appropriate timeframe in the event of physical or technical incident, (iiii) a procedure aimed at testing, analyzing and regularly evaluating the effectiveness of technical and organizational measures to ensure the security of the processing.
Obligations of the Organizer:
The Organizer undertakes to:
- Provide SILAD with the personal data to be collected in the context of transactions, by setting up its event (s). As such, the Organizer undertakes to only allow the collection for its own account of data strictly necessary for carrying out transactions and organizing events,
- Document in writing any instructions regarding data processing,
- Respect himself the obligations incumbent on him relating to the European regulation on data protection and guarantee SILAD in this respect,
- Supervise and take responsibility for treatment.
ARTICLE 24: General provisions
Forced execution in kind
By way of derogation from the provisions of article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party of its obligations, the Party victim of the default may not request forced execution. . In addition, by express derogation from the provisions of article 1222 of the Civil Code, in the event of failure by one or other of the Parties to fulfill its obligations, the Party victim of the default may not enforce the claim itself. obligation by a third party, at the expense of the defaulting Party.
Assignment
As this contract is concluded intuitu personæ, the Organizer is prohibited from assigning or transferring, in any way the rights and obligations resulting, without the express, prior and written consent of SILAD.
In accordance with the provisions of article 1216 of the Civil Code, any transfer of this contract must be recorded in writing, on pain of nullity.
The Organizer undertakes in advance to communicate to SILAD all information concerning the prospective successor as well as to the respect, by the latter, of all the rights and obligations hereof.
SILAD has a maximum period of 15 days from receipt of the notification sent by registered letter with acknowledgment of receipt to make known its position, as to the transfer or not of these to the prospective successor, within conditions and according to the forms specified above.
In the absence of a response within this period in accordance with the aforementioned methods, SILAD's approval will be deemed to have been refused.
SILAD is authorized to assign this contract, without prior authorization, the regularization of these constituting prior agreement. In this case, SILAD will not be jointly and severally liable for the assignee. Such a transfer must be recorded in writing, in accordance with the provisions of article 1216 of the Civil Code.
Entirety
The Contract expresses all the rights and obligations of the parties. This Contract cancels and replaces all oral or written agreements which may have been previously entered into between the Parties.
The possible cancellation of one or more clauses of this agreement shall not affect its other stipulations, which will continue to have their full effect, provided that the general structure of the agreement can be safeguarded.
In the event that the execution of one or more of the clauses of this convention would be made impossible because of its cancellation, the Parties will try to come together in order to establish a new clause whose spirit and letter will be as similar. of the old clause as possible, the other stipulations of the agreement remaining in force.
Failing that, or if the general structure of the convention turns out to be fundamentally upset, the Parties may, by mutual agreement formalized in writing, declare the cancellation of this convention in its entirety.
Compensation
SILAD may freely offset any sums due to the Organizer for the sale of Tickets and Sponsor Spaces with the sums due to SILAD, for any reason whatsoever, including in the event that the Organizer organizes several events. Such conventional compensation will also take place in the event that SILAD retains sums to make reimbursements, SILAD being expressly authorized to withhold sums due to the Organizer, including for events that are not subject to cancellation. or a risk of cancellation.
Litigation
Any difficulty relating to the interpretation, execution or termination of the Contract, which could not have been resolved amicably, will fall under the exclusive jurisdiction of the competent courts of PARIS, courts to which the Parties attribute jurisdiction, which regardless of the place of performance of the relevant Contract, the domicile of the defendant, even in the event of a warranty appeal or summary proceedings.
Applicable right
This contract is subject to French law which will regulate its formation, application and interpretation.
ARTICLE 26: Final provisions
In the event of modification of these conditions, the Organizer will be informed by e-mail.
The modifications will only take effect after a period of ten (10) clear days after their notification, unless they are imposed by the laws and regulations in force.
The changes will take effect, including for events already registered, which the Organizer expressly accepts.
It is formally agreed between the Parties that any tolerance or waiver of one of the Parties, in the application of all or part of the commitments provided for in the Contract, whatever the frequency and duration, may not constitute modification of the Contract, nor be capable of creating any right. The nullity, lapsing, absence of binding force or unenforceability of any of the provisions of the Contract does not imply the nullity, lapsing, absence of binding force or the unenforceability of the other provisions, which will retain all their validity. effects. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation (s). The invalidity of one of the clauses of these conditions does not lead to the annihilation of the contract. In this case, the additional legal rules will apply.