Billing mandate

(This translation is only offered in order to facilitate understanding of the document but in no way replaces the original version written in French. In case of divergence between the different linguistic versions of this document, the French version will prevail. The site and relations with Artiista are placed under the regime of French law, which is only applicable.)

Between:

The present billing mandate is concluded between: Artiista Unincorporated Enterprise, whose registered office is located at 34, Avenue des Champs-Elysées, 75008 Paris France (hereinafter « the Mandatory »).

And

The Member (hereinafter « the Principal ») using https://www.artiista.com (hereinafter « the Site ») for the sale of its services.

The Mandatory and the Principals are collectively referred to as the « Parties ».

After being exposed that:

The Principal wished, for practical reasons, to entrust, in compliance with the applicable economic and fiscal rules, to a third party, the Mandatory, the establishment and issue of his invoices for the provision of services corresponding to the sales made on the Site, which has been accepted by the latter. The parties have agreed to the effect the conclusion of this Mandate under the terms of which the Principal agrees to entrust to the Mandatory, during the unreserved acceptance of the General Conditions of Use and Sale of the Site, in compliance applicable rules, the establishment and issuance of all invoices for the provision of services made via the Site for customers.

It has been agreed and agreed as follows:

Section 1 - Convention object.

Hereby, the Principal expressly gives Mandate to the Mandatory who agrees to establish in his name and on his behalf, all the original, initial and / or corrective invoices, relating to the sales of microjobs made by the Principal via the Site for the customers. This Mandate is established in accordance with the tax and economic regulations in force and in particular with the provisions of Section 1984 of the Civil Code and articles 242 nonies AI and 289, I-2 of the General Tax Code as well as that of tax instruction of August 7, 2003.

Section 2 - Duration of the agreement.

This Billing Mandate takes effect when the Seller fill his billing data and ticks the option « I want to automate my invoices and have them generated by Artiista on my name and on my behalf ». This Mandate is concluded for an indefinite period. Throughout the duration of the Mandate, the Principal is prohibited from contacting another agent for the accomplishment of the same operation with regard to sales of microservices via the Site. The Principal may revoke the Mandate at any time, without any specific reason, by ticking the option « I want to edit and send my invoices to customers myself, for each order received. » It is recalled that the conclusion of this Mandate is a condition for invoices to be automatically generated by the Site. Consequently, its revocation will entail an obligation for the Seller to edit its invoices itself and to send them to the Buyers manually for each order received. Similarly, the closure of the Seller's account for any reason whatsoever implies the revocation of this Mandate.

Section 3 - Remuneration.

As the Billing Mandate is part of the services provided by the Site, its remuneration is included in the commission payable by the Seller to the Site and applied to each transaction.

Section 4 - Mandatory's obligation.

The Mandatory undertakes to issue invoices in the name and on behalf of the Principal, in accordance with the information given by the latter. The Agent accepts no responsibility for the transmission of erroneous information. Invoices will be issued as soon as the microjob is received by the Customer and will be offered to the latter by means of a download on the « my sales » and « my orders » pages. The Agent also makes available simultaneously to the Principal a copy of all invoices which it issues in its name and on its behalf. The Agent undertakes that the invoices bear the mention « Invoice established by Artiista in the name and on behalf of [name / name of Seller] ». In the event of a request for rectification of the Invoice on the part of the Principal, the Mandatory undertakes to immediately issue an amending invoice. With regard to the numbering of invoices, the Agent undertakes to use a chronological and continuous numbering sequence, distinct for each Principal.

Section 5 - Principal's obligation.

The Client retains full responsibility for its legal and tax obligations in terms of invoicing in respect of the original initial and / or corrective invoices issued in its name and on its behalf by the Mandatory, in particular with regard to its obligations to VAT declaration and payment. In particular, the Principal is solely responsible for determining the rules applicable to invoicing and for transmitting the required information to the Mandatory so that he can issue invoices in accordance with the applicable regulations of his billing country. Likewise, the Principal remains liable for the VAT due, where applicable in application of Section 283 paragraph 3 of the General Tax Code, when it is invoiced incorrectly. Also, the Principal expressly undertakes to:

Communicate to the Agent the full list of information to be included on invoices as required by the applicable regulations in force;
Declare to the tax authorities the VAT collected at the time of its eligibility;
Pay the VAT mentioned on the invoices issued in its name and on its behalf to the corresponding administration;
Immediately claim double the invoice if it has not been made available to him by the Mandatory on time and under the conditions specified herein;
Immediately notify the Agent in writing of any change in the details concerning the identification of his company.

Section 6 - Changes to the Principal.

Any amendment to this Mandate must be concluded in the same form by all persons duly authorized for this purpose by the Parties.

Section 7 - Dispute of invoices issued on behalf of the Principal.

In accordance with the provisions of Section 242 nonies appendix II of the General Tax Code, invoices issued within the framework of this agreement will not need to be formally authenticated by the Principal. The Principal may however dispute the information contained in the invoices established under this agreement, within 60 days of the issuance of said invoices. In the event of a dispute, the Principal will immediately issue an amending invoice.

Section 8 - Applicable law and competent jurisdiction.

This mandate is subject to French law. Any dispute relating to their formation, conclusion, interpretation and / or execution falls within the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.