GENERAL CONDITIONS AND TERMS OF SALE AND USE -
Article 1 -The Purpose of the Platform
This Platform provides the linking of legal entities with local professionals who wish to temporarily rent available spaces such as offices, meeting rooms, conference rooms and other similar spaces.
This site is a collaborative economy platform, connecting professionals with other professionals.
This site is a platform that conforms to the definition provided under the Lemaire law, which has "qualified for online platform operator any natural or legal person proposing, professionally, remunerated or not, an online communication service based on:
1. The ranking or SEO, using computer algorithms, content, goods or offered or posted by others;
2. or linking several parties for the sale of goods, provision of a service or exchange or sharing of content of goods or services " (para. 1 inserted in Art. L. 111-5-1 v. consum. by Art. 22 of the Bill).
Continuing navigation on this site indicates a general acceptance of the terms and conditions of use below.
Article 2 - Legal Notices
Company Headquarters Contact Information
Website (hereinafter "Site"): www.smartpis.com
Editor (hereinafter "the publisher"): Smart Personal Investments Services
SAS with capital of 40,000 euros,
whose registered office is located at 4 Place de l'Opéra, 75002 Paris
RCS Paris, SIRET number 814 322 368 000 14 as represented by Savivanh Charbit
in her capacity as founder..
Phone number: 07 84 32 38 59
E-mail address: firstname.lastname@example.org
Publication Director: Savivanh Charbit
Capital € 5000
RCS Melun 520 286 543
Intra VAT: FR49520286543
Headquarters: 39 rue de Jouy 77970 BANNOST
Offices: 20 rue Jean-Baptiste Pigalle 75009 Paris
SAS with a capital of € 10,059,500
RCS Lille 424 761 419 00045
APE Code 6202A
VAT number: FR 22424761419
Headquarters: 2 rue Kellermann - 59100 Roubaix - France.
Publication Director: Octave Klaba
Article 3 - Creation of an Account
3.1 Creating an Account on the Site
Access to the created account is protected by a username and password chosen by the user during registration on the Site. The User is solely responsible for any use that may be made of his username and password, and the sole guarantor of confidentiality regarding any use of his account.
Users who have completed their profile page are referenced in the database accessible on the Site.
In order to register, users must write their names, email addresses and passwords on the registration form.
Any adult individual, or entity can open an account.
It is also possible to register directly via their Facebook / Linkedin / Twitter account.
The identification is then made through the Facebook / Linkedin / Twitter mail form and password.
Opening an account is required and obligatory in order to be a Member Landlord or Tenant Professional.
The use and conservation of User ID and passwords remains the sole and whole responsibility of every User who agrees to keep this information confidential.
The SMARTPIS Site Users should implement the precautionary and safety measures necessary to protect their passwords and IDs, and remedy any loss or inadvertent disclosure of components capable of allowing a third party knowledge of their passwords and IDs.
To this end, in the case of loss or theft of your password and / or its identifier, or if the user becomes aware of the use of password and / or his identifier by an unauthorized party, the User must immediately contact the Site and may:
- Either request the replacement of his password and username if there is a risk that they are used by a third party;
- Or solicit the secure restitution of his password and username.
3.3 Suppression or Deletion of an Account
The account may be suspended or permanently removed if the holder does not comply with such information and stated terms or if the transmitted information is false or incomplete, in the case of the disrespect of these terms of sale, legislation or regulation, or if an abusive use is made of the tools made available by the SMARTPIS platform.
Deleting an account could not give rise to compensation, whatever the reasons which led to its deletion.
Article 4 - Submission of an Advertisement
4.1 Creation of an Ad
In order to register on the site, The Renter must complete the different categories on the announcement form. In order to offer an office for rent, the landlord must comply with the following eligibility criteria:
Eligibility criteria for an office:
- The room must be at least 10m2,
- Must include access to bathroom facilities
- High quality Wifi reception
- Access to a printer
- Be within a maximum of 5 minutes walk from a subway entrance or RER
- Include at least one window
- Be cleaned daily
- Offer a reception desk or switchboard
- Offer availability of food outlets and restaurants in the nearby area
- Be furnished with good quality furniture.
Optional eligibility criteria includes:
- A landline
- Electrical sockets for computer connection
- A kitchen space
- Concierge services
- Tea and coffee-making facilities
Eligibility criteria for meeting rooms :
- Rooms should be at least 15 m2
- Equipped with a large boardroom table and comfortable executive chairs
- Overhead projector
- Provided with a flipchart, pens, and markers
- A notepad
- Water bottles and water glasses
- High quality Wifi reception
- Natural light and at least one window
More generally, the announcement should be as detailed as possible: the exact size of the room In metres, the number of chairs available, whether the room faces the street or the back of the property, on a busy thoroughfare or not, accessibility for disabled persons, the presence of a lift or not, address, availability and nearest metro.
The eligibility criteria for the premises to host evening events:
Even unusual places can be advertised on the platform: barges, boats, conservatories, lofts, artist studios, museums, art galleries, workshops, restaurants ....
The room must have sound and light equipment and catering facilities for cocktail parties.
The office must be of a very high standard (5 stars), and the Site reserves the right to refuse any Landlord who do not meet these criteria except for reasons related to privacy and security of its information and data.
The Landlord is obliged to provide at least five photographs of the space to be leased with its announcement. Photographs must be of the highest possible quality (preferably made by a professional photographer).
4.2 Deleting An Ad
SMARTPIS reserves the right not to put an announcement online using information provided by the landlord until the real and serious nature of the information has been verified by the Site.
Furthermore, any misuse of the Services and the Site by the Customer may be subject to prosecution.
The following are considered unfair : inappropriate and offensive offers, containing false information, indecent, prohibited or illegal services or services that are detrimental to public order and safety, contrary to the rental rules, or usurping the identity of a third person.
Any abuse of the purpose of the platform to upload ads unrelated to its purpose (advertising, leasing offers, offers of credit) will also result in the deletion of the Ad.
4.3 Ability To Disable Ad
The landlord retains the ability to disable the announcement at any time, this deactivation makes the ad invisible to the public, but all pending actions regarding the announcement are maintained (booking, comment threads etc …)
Article 5 – Booking A Property For Rent
A person wishing to find a property to rent will search the properties available for rent on the SMARTPIS platform.
To reserve a room, the Professional Tenant must click on the "book" tab to confirm a reservation; the SMARTPIS platform will inform him within a reasonable period of the availability of a booking.
For the rental of meeting rooms and office space, the Resident Professional must provide his credit card details when confirming his reservation.
Bookings for events must be made at least 5 weeks before the date of the Event.
Once the reservation has been validated, the contract is concluded between the two parties and Articles 1101 and 1134 of the Civil Code will therefore be applicable both parties.
Once the contract is concluded, the sums due to the Renter are debited from the account of the Resident Professional.
If the Bank refuses the transaction, both parties will be informed and the transaction will be cancelled.
The Professional Tenant and the Landlord will then agree on the terms of space utilization, both must be courteous and fair in their dealings.
Users agree not to hold offensive, inappropriate dialogues that are likely to offend the recipient’s sensibilities and, more broadly, violate the laws and regulations in force or infringe on the rights of others.
Users are prohibited from sending unsolicited messages to other users.
Article 6 - Scoring System
6.1 Overall Rating of Landlords
Comments can be left on the GDS by the Professional Resident regarding the quality of the leased property and if it complies with its description in the announcement, once the property is leased.
If justified criticisms are leveled at the Lessor, SMARTPIS reserves the right to delete his account.
The Professional Tenant has the opportunity to comment on the Landlord to improve the services offered by the Platform.
SMARTPIS will not publish comments if they prove to be inaccurate, unfair, offensive or likely to prejudice the Landlord
Comments are posted by the Professional Tenant, who assumes sole responsibility on this point for his comments. The Site has a responsibility as Host and not as Editor (as defined in the LCEN 23/06/2004); an obligation to remove patently illegal content within a reasonable time after notification.
So, SMARTPIS cannot be held responsible in the case of manifestly unlawful activities, or more generally, if the ads it publishes contain false, inaccurate information or the information does not correspond to the actual condition of the leased property.
If that is the case, we ask you to report these properties so that they are removed for hire.
6.2 Consequences of Poor Ratings Of A Landlord By A Professional Tenant
In the case of bad ratings by a Professional Tenant, the SMARTPIS Company reserves the right not to fully recompense the Landlord if it is proven that he has actually breached his legal and contractual obligations.
It may also withdraw his announcement from the Platform.
Article 7 - Cancellation of a booking
The SMARTPIS Platform links Corporations with each other and the right of retraction or withdrawal defined under Article L121-20 of the Consumer Code is not intended to apply to it. However, these Terms provide for an equitable cancellation system between the parties.
When filing an announcement, the supplier may nominate his cancellation mode as either "strict" or "relaxed".
Under a strict cancellation mode, in the case of cancellation by the Professional Resident, only a "partial refund" or " no refund" will be available to the applicant. Thus, if the notice is sufficiently long, the applicant will be refunded partially, otherwise he will not be refunded any amount. The cancellation policy is as follows:
A. A simple rental office / meeting / conference room:
- If you cancel at least 15 days before the date of hire, the Professional Tenant can be reimbursed for 50% of the paid amount
- If you cancel less than 15 days before the date of the lease, the Professional Tenantcannot claim any refund.
B. Complex rental events (booking must be carried out at least 6 weeks prior to event)
For the cancellation of a professional event, the cancellation must be made at least 30 days before the date of booking, and where appropriate, no refund will be due to the Tenant.
If the tenant notifies the landlord more than a month before the date of booking, he will be refunded 50% of the booking price.
Article 8 - The property can be rented out
All properties can be leased, movable or immovable, and only the assets from the trade cannot be the subject of a lease, namely:
- Goods of public authorities (the property belonging to the State, departments, municipalities and other public authorities)
- Goods subject to a clause prohibiting rental or sublease (Article 1717 c.civ)
- Properties of which the Lessor is not the beneficial owner without written permission of the latter.
- Graves or tombs
- Destroyed or missing things
- Family property (family property or inherited objects that belonged to ancestor, having great sentimental value, objects which the whole family must be able to continuously access)
- Counterfeit goods (that is illegal replicas of goods protected by copyright)
Furthermore, the property cannot be under a lease, under contract with the landlord of the Lessor (Article 1717 Civil Code) or be part of a joint ownership agreement.
The Tenant shall, in accordance with Article 8 of Law No. 89-462 of July 6, 1989, undertake to rent the property only with the written consent of the lessor, and shall not rent the property at a higher price than that at which he rents it himself.
If the Leased Property is the second home of the landlord, he must make a prior declaration to the Town Hall in his place of residence in accordance with the provisions of Article L324-1-1 the Tourism Code.
Article 9 - Professional Tenant Obligations
To facilitate possible future litigation in the case of damage to the rented property, a contradictatory inventory must be prepared.
9.1 Proper Use of the Property
The Professional Tenant agrees to use the space with all necessary precautions, while respecting the instructions given by the Lessor and documentation of the routine maintenance that was given to him.
He must make reasonable use of the property and for the intended purpose.
In the case of improper use caused damage to the property, the payment of repairs will be handled by the Professional Tenant.
The Professional Tenant is liable for damages or losses that occur during his enjoyment of the property, unless he proves that they occurred without his fault.
The Professional Tenant must clean the property daily, and leave the office in the same state as that in which he found it.
He must be careful not to leave any confidential information behind.
By exception, with the legislation on leases (Article 1724 c.civ) if urgent and exceptional repairs must be performed during the rental period, and that can not be deferred until the end of the lease, the landlord must bear the cost of such repairs, and leasing may, at the discretion of the Professional Tenant end or continue to completion. In this case, the Resident Professional will be compensated for the time that the property remains unavailable.
The Professional Tenant shall not make changes to furnishings or equipment without the express
9.3 Damage to Third Parties
The Professional Tenant will be responsible for any damage to furnishings or equipment or caused to third parties by the said furnishings or equipment, unless such damages result from a latent defect in the furnishings or equipment.
Insurance will be systematically included in each reservation.
Theft of property is prohibited, the management of SMARTPIS cannot be held liable for the theft of property.
Article 10 - Landlord Obligations
10.1 Landlord Obligations
The Landlord agrees to rent out a property in good condition.
The Lessor agrees to provide the most fair description, the accuracy of the description of the leased property and to describe its essential characteristics.
If a Resident Professional asks questions about those characteristics and the functionality of the space , the Landlord is obliged to reply in good faith.
If the rental space and attributes require a specific use, or specific instructions, then “How to Use” instructions must be sent to the Professional Tenant.
If there are doubts about the veracity of the information in the ad, it allows the platform to check the compliance of the announcement by all legal means it deems appropriate.
He agrees to meet the demands of the Professional Tenant during the rental period to allow him to make optimal use of the leased property. The Professional Tenant shall not be abuse this right.
The price announced in the advertisement must be respected by the Lessor, no additional charges will be requested of the Resident Professional, nor compulsorily included amenities in the rental price (running water etc).
The Landlord is responsible for damage resulting from hidden housing and associated furnishings or equipment defects, except that it will be required to compensate the Resident Professional for any damages whatsoever resulting from these defects. By express agreement, if a hidden defect resulted in the inability to use the equipment during the lease term, the amounts payable under the lease will not be due to the Resident Professional Tenant and returned to the Landlord.
10.2 Return of Goods
The Landlord and Tenant Professional, Parties to the lease, must mutually agree on the place and time for the return of the keys.
They can, at this time, establish a conflicting account of the goods and take any photographs that will be used in the case of any dispute.
10.3 Contractual Loyalty
If the Landlord decides to proceed with an unusual discount or promotion, he must inform the platform immediately.
For business purposes, the platform is free to set the price in order to improve the attractiveness of offers marketed by the platform, and it is free to adjust prices according to market needs.
The rental price on the platform must not be higher those sold by other means, [unless by special agreement between the parties], where appropriate, they must notify the platform as soon as possible (within 24 hours).
Partners hosting corporate events should inform themselves of the needs and desires of customers in order to to provide them with a service most suited to their needs.
The Landlord must leave the option available for SMARTPIS to visit the site at any time and give SMARTPIS the opportunity to test the services offered by the site.
The Landlord is prohibited from personally soliciting clients who make reservations via the platform.
If there is knowledge of a personal solicitation of a client, the landlord will be liable for the payment of a criminal penalty of € 50,000.
This prohibition is valid for a period of one year following the end of the term of the contract.
The Landlord is bound by professional confidentiality and must not interfere in the affairs of the Tenants, nor shall he transmit any information he may have knowledge of as part of the lease, which is likely to prejudice the Professional Tenant.
Conversely the Landlord is required to ensure the confidentiality of the transaction, and take all precautions to ensure such information is not susceptible to appropriation by third parties.
Article 11 - Legal responsibility of SMARTPIS
SMARTPIS is a platform linking Professional Tenants and landlords, the Company is considered the third contract between the parties, and does not participate, in any way.
SMARTPIS is not a landlord or real estate broker or insurer, or real estate agent or asset manager or owner of rental properties: it has the legal quality of content host, as a participatory platform economy.
Responsibility for SMARTPIS cannot therefore be sought for false ads, nonconforming goods, including hidden defects, in the case of late delivery, non-compliance with the instructions by the Professional Tenant, unreturned deposit warranty, or any other contract or tort litigation that may occur between the parties.
The parties are not permanently bound to respect the right of consumption, however, the contracting parties must respect the legislation on the right of movable leases.
In the case of disrespect of the legislation, the management of the SMARTPIS will be retained as a third contract.
More generally, it is not because an announcement is on the site that it is subject to any verification procedure. The management to SMARTPIS may not be held liable for illegal content, counterfeit goods, infringement of the rights of third parties or false misleading or incomplete information contained in the ads.
SMARTPIS draws the attention of users of the Site to the fact that the posting of a site for its location implies acceptance of a lease for the landlord, and the reservation request implies acceptance of the said Professional contract for the Professional Tenant and that therefore each booking becomes a contract between landlord and Tenant Professional.
SMARTPIS cannot be held liable in contract, tort, or for any commercial loss Users of the Platform might suffer (loss of income, profits, business, opportunity, visibility, reputation or business interruption ) arising directly or indirectly from:
- Technical malfunctions that may occur on the platform, making its use laborious or impossible for a fixed period;
- The failure of rental property posted on the Platform to be rented ;
- SMARTPIS does not perform any due diligence of property or compliance of housing and does not undertake any responsibility for the quality, safety or legality of the listed items, the veracity or accuracy of the ads posted .
- The definitive cessation of activity by SMARTPIS.
More generally, the SMARTPIS Company holds no effective lease obligations as a result of real estate leased.
Therefore, we encourage users to exercise caution and vigilance in the use of the Site, and in particular not to accept any transfers of money before the contract is concluded via the Platform.
Article 12 - Cost of service and payment of the GDS
Access to the Platform’s profile search is free, payment of the cost of service occurs only when making confirmed reservations.
When booking the room, the Tenant shall pay the entire sum to be paid to the landlord within a reasonable time, less the commission fee.
The Professional Resident guarantees SMARTPIS it has the necessary permissions to use the payment method chosen. SMARTPIS reserves the right to suspend or cancel any reservation, in the case of non-payment, in the case of payment incident or in case of fraud or attempted fraud concerning the use of the Site.
Article 13 - Right of Withdrawal
The right of withdrawal under Article L121-20-12 of the Consumer Code is not intended to apply in this case because the platform connects between individuals; the consumer law is therefore not applicable.
Article 14 - Site Content
All trademarks, photographs, texts, comments, illustrations, animated or still images, movies, sounds, and all computer applications that could be used to run this site and more generally all the elements reproduced or used on the site are protected by the laws in force in respect of intellectual property.
They are the full property of SMARTPIS or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, all or part of these elements, including computer applications, without the prior written consent of the publisher is strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of such unauthorized use does not constitute acceptance of the said uses and waiver of prosecution.
Article 15 - Site Management
For the proper management of the site, the publisher may at any time:
- Suspend, discontinue or restrict access to all or part of the site, restrict access to the site, or certain parts of the site to a designated group of users;
- Remove any information that may affect the operation or that is in contravention of national or international law or the rules of netiquette;
- Suspend the site in order to carry out updates.
Article 16 - Responsibilities
The responsibility of the publisher can not be held liable for failure, failure, difficulty or interruption of operation, preventing access to the site or to one of its features.
Connecting hardware to the site you use is entirely your responsibility. You must take all appropriate measures to protect your equipment and your own data including virus attacks through the Internet. You are also solely responsible for the sites and data that you see.
The publisher shall not be held liable for legal action against you:
- Due to the use of the Site or any service accessible via the Internet;
- Because of the breach by you of these terms and conditions.
The publisher is not liable for damage to yourself, to others and / or your equipment because of your connection or your use of the site and you waive any action against him of that fact.
If the publisher were to be taken to court or judicial proceedings because of your use of the site, the publisher may take legal action against you in order to seek compensation from you for all damages, convictions and costs arising from this procedure.
Article 17 - Hyperlinks
The establishment by you of any hypertext links to all or part of the Site is strictly prohibited, unless prior written permission of the publisher, requested by email to the following address: email@example.com
The publisher is free to refuse such permission without having to justify the decision in any manner whatsoever. In the case that the publisher grants permission, it is in all cases temporary and may be withdrawn at any time without cause at the expense of the publisher.
In all cases, any link must be removed at the request of the publisher.
All information accessible via a link to other sites are not under the control of the publisher and the publisher disclaims any responsibility for their content.
Article 18 - Data Collection
The personal information that can be collected on the site is mainly used by the publisher to manage relationships with Professional Tenants and landlords, and possibly for the treatment of ads. They are stored in the customer files of the editor, and this file developed from personal data has been declared to CNIL.
Pursuant to Law No. 78-17 of 6 January 1978 and the Directive of 24 October 1995, the Users have a right to access, query, modify and delete information concerning themselves.
Pursuant to Law No. 78-17 of 6 January 1978 and the Directive of 24 October 1995, the Users have a right which can be exercised at any time : to access, query, modify and delete the relevant information by contacting the publisher directly on the website under "Contact us" or by email to the following address: firstname.lastname@example.org
For safety reasons and to prevent fraud, such an application must be accompanied by proof of identity. This proof will be destroyed after the processing of the request, .
The ads will be archived for a period of 5 years after their removal, as well as all information related to them (discussions, invoices, reservations, statistics and so on).
Article 19 - Cookies
The Site may automatically collect standard information such as your password. All information collected will only be indirectly used to monitor the volume, type and configuration of traffic using this site, to develop the design and layout and for other administrative and planning purposes and to generally to improve the services we offer.
In any case, concerning SMARTPIS’ collection of behavioral type data , the collected data is only used to facilitate the navigation on the Site by the Users .
Article 20 - Photographs and image rights
The landlords allow the publisher to use and exploit the images of their rental properties and photographs for purposes of illustrations of their profile , for reproduction and / or representation thereof, as part of the communication to the public .
This photograph is mandatory to allow the activation of the account.
The publisher guarantees to landlords that the contextual of use of their photograph will not be likely to damage their honor and reputation.
Photographs of landlords will also be on all communication media of SMARTPIS Company.
Article 21 - Applicable law
For damages resulting from the lease, or from implementing contractual liability or torts between Parties, the latter will have legal proceedings before the ordinary courts.
Article 22 - Contact Us
For any questions and/or information on the services presented by the site or on the site itself, you can leave a message at the following email address: email@example.com