These General Terms and Conditions of sale (hereinafter the « TC ») are offered by Artiista Unincorporated Enterprise whose registered office is located at 34, Avenue des Champs-Elysées, 75008 Paris France (hereinafter « Artiista »).
Designation:
The Member of the Site is invited to read these TC carefully, to print them and / or to save them on a durable support. The Member acknowledges having read the TC and accepts them in full and without reservation.
This Site is edited by Artiista.
The legal information concerning the hosting and the Publisher of the Site, in particular the contact details and any capital and registration information, are provided in the legal notices of this Site.
Information regarding the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The purpose of this Site is determined as « Marketplace ».
The purpose of these TC is to define the conditions of access to the Site and its use by Members. The Publisher reserves the right to modify the TC at any time by publishing a new version of them on the Site. The TC applicable to Members are those in force on the day of its acceptance.
The acquisition of a service, or the creation of a Member area, or more generally the navigation on the Site supposes the acceptance, by the Member, of the entirety of these TC, which recognizes even made you fully aware of it.
This acceptance could consist, for example, for the Member, of ticking the box corresponding to the sentence of acceptance of these TC, having the mention « I acknowledge having read and accepted all the general terms and conditions of the Site ». Checking this box will be deemed to have the same value as a handwritten signature on the part of the Member.
The member recognizes the proof value of the automatic recording systems of the Publisher of this Site and, except for providing proof to the contrary, he renounces to contest them in the event of a dispute.
Acceptance of these TC presupposes that Members have the legal capacity necessary for this. If the Member is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, a curator or his legal representative.
The Publisher makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by the Publisher and the rights including the Customer has about this personal data. The data confidentiality policy is part of the TC. Acceptance of these TC therefore implies acceptance of the data privacy policy.
The Site Publisher acts only as an intermediary between the Customer and the Seller.
The latter hereby conclude a service contract with the Publisher, the object of which is the provision of a technical tool for establishing contact. It is only thereafter that the Seller and the Customer can conclude, if they wish and by mutual agreement, an agreement or contract (for example, service contract offered in the Microjob).
The Site Publisher therefore only has an intermediary role and is neither the agent nor the other with regard to sales. In the event of a dispute between the Seller and the Customer, if the parties fail to resolve their dispute amicably, they may have their dispute settled before the competent courts.
Members are offered the option of contributing to the content of this Site and are the only ones authorized to publish on it, in particular via the publication of dematerialized Microjobs that dot not require physical delivery or meetings. The quantity of Microjobs available remains defined by the Seller Level (see Section 6 for more details on the Levels).
In order to be able to publish one or more Microjobs, the creation of a Member account is mandatory and must be done by an adult. Personal data will then be requested for the creation of a private or corporate account. (see Section 8 for more details on creating a Member area).
The Site Publisher has a hosting responsibility and must remove all Microjobs of a manifestly illegal nature, and reported as such. The Publisher cannot be held responsible, a priori and without reporting this content, for any illegal content published by a Member. Content considered illegal and refused:
Thus, if a Seller puts an illegal Microjob online, Members can notify the Site Editor, who will immediately remove the Microjob in order to put an end to this infringement.
The Publisher is authorized to take the following measures, without compensation, if a Member, in the context of his use of the Site, has not complied with the legal provisions, the rights of third parties or these TC:
Members are informed that the Site Publisher, represented where applicable by the moderators, may choose to publish the content in question on the newsletters of this Site, on the sites of all its partners and social networks, at the expense of the Editor to cite the Username of the author of the contribution.
The author therefore waives his rights to the content of the contributions, to the benefit of the Site Editor, for any dissemination or use, even commercial, on the internet, this, of course, always with due regard to authorship.
The Seller declares when making its Microjob available on the Site that it has all the rights for the elements used (text, images, videos, audios ...) and that the work provided within the framework of the realization of the Microjob is original and was carried out by itself. This work should not infringe any third party rights including, without limitation, Copyright or registered trademark. He also promise to assign all rights of use of the Microjob to the Customer at the time of the sale unless clearly and visibly stipulating the opposite in the description of the Microjob.
A license can be acquired when purchasing a Microjob if it has been made available by the Seller as an extra or an option.
The use of the Service delivered remains subject to full payment and non-cancellation of the order. The purchase of a Microjob for personal use does not require the acquisition of an additional license. This basic license allows the use of the Service over an unlimited period for private use. Purchasing a Microjob for profit or business-related use for the promotion of a product or service, requires obtaining a commercial license offering broader rights covering business use.
Depending on the nature of the service offered, three types of licenses can be available:
The user license can be downloaded from the « Order progress » page once the order is finalized and rated.
Information indicated on this license:
The Seller assumes full responsibility for the files sent to the Customer, ensuring that they do not contain any virus or malicious program. Files must be checked and scanned before they may be sent for to the Customer. The Site Publisher can in no way be held responsible for any damage that may be caused by the download of a file sent by the Seller.
The creation of a Microjob consists of a form to be filled in, certain fields of which are mandatory. marked with (*):
Each Microjob can contain an unlimited number of Options and Extras. The Options are an integral part of the Microjobs and are included in the price while the Extras are additional paid services which can be purchased by the Customer when ordering. The services offered in the options and extras must be in relation with the Microjob and be an integral part of the delivery of the order. If an additional number of days is defined in an Extra, it will be added to the delivery time established in the Microjob. Options and Extras, just like Microjobs are subject to validation by the Site Editor and are attached to these TC.
A limitation can also be applied to an Option or an Extra and can be related to a number of words, a time limit or a maximum number of bars. The extras can therefore be used in order to extend the duration of the service delivered.
The price of Microjobs is set by the Seller when the offer is created by selecting the desired amount from the drop-down list. The price is excluding bank charges and includes VAT. the maximum price remains defined in relation to the Seller Level (see Section 6 for more details on Levels). Options or Extras can be added to this base price to complete the offer. (see Section 4.3 for more details on Options and Extras).
Unless otherwise stated, a Microjob is published on the Site for an indefinite period.
For any Microjob present on the Site for more than a year, the Site Editor reserves the right to delete publication if no sale has been made for it.
A status is assigned to each Microjob according to its publication:
Whenever the status of Microjob changes, the Seller is informed by instant notifications or email. (see Section 12 for more details on Notifications).
All Microjobs must be subject to verification before they can appear in the search results of the Site and can be purchased. This verification will be carried out once the Microjob has been created or whenever it is modified. It includes a detailed rereading of the service offered and the elements that make it up (images, videos, audios...). Validation is done according to well-defined criteria:
The decision made during this verification process will be transmitted to the Seller automatically by instant notification and by email where a modification will be requested in the event of a refusal. Once the modification has been made, the Microjob will have to be submited again for a new validation request.
The editor of the Site reserves the right to modify the drafting of the text when it is a question of occasional spelling errors. However, Microjobs containing too many spelling errors will be refused.
After acceptance and validation of the Microjob, it will be automatically indexed in the search results on the Site and can be purchased.
Sellers who have reached the « Bronze » Level will be able to send their Customers Custom Offers in order to best meet their specific needs. (see Section 6 for more details on the number of Custom Offers that can be sent depending on the levels).
Communication must first be established with the Customer before being able to send them a custom offer.
A personalized offer is always linked to a service offered through a Microjob. When a custom Offer is created, it is therefore advisable to select the relevant Microjob. The Microjob will obtain the Evaluation assigned by the Buyer as well as the note.
The custom Offers sent must meet the same requirements as the Microjobs (see Section 4.1. for more details on the restrictions applied to Microjobs).
A custom offer must consist of the following elements:
A level system is available on the Site. This system allows Sellers to be granted certain privileges related to:
The Levels allow a better classification of the Sellers, showing the best rated first. Buyers can thus base their search for services on criteria of Sellers' expertise and the average satisfaction of their Customers.
An automatic evaluation operation is carried out once a day to determine if the Seller is eligible for a level change taking into account the last update of his activities. Sellers are required to maintain quality service following a level change. Any significant drop on the quality of service provided could result in a loss of the level acquired.
Five levels are available on the Site:
Each of these levels gives the Seller the following advantages:
In order for a Seller to be eligible for a level change, he must imperatively meet the following criteria:
Any strike issued against a Member will result in a loss of the acquired level and an immediate downgrade.
The Site provides to Customers a sellers evaluation system after confirmation of the delivery of the service concerned by a Microjob. The Customer has four days during which he must evaluate the order delivered. If during this period no evaluation is made by the Customer, the order will be automatically closed and considered to be finalized and compliant; no modification could therefore be made to it. Evaluations allow Customers to assess the quality of Microjobs offered by Sellers.
An order can receive three types of ratings:
In addition to the feedback, the Customer must rate the seller's delivery on a scale of 1 to 5 stars, with 5 stars being the best quality:
From the different ratings previously stated an average will be calculated and will constitute the overall rating of the Customer for the Microjob purchased.
The evaluation of the order implies the final acceptance of the service delivered and automatically leads to the closing thereof. No modification may be requested or made once the order has been evaluated and completed. communications with the Seller will only be possible by direct messages using the site's communication service outside the « Order progress » page.
The earnings generated to the Seller will be programmed to be transferred according to Section 11.9. regarding the TC payments herein.
The Site Editor does not control the appreciation made by the Customers, which it simply stores on the Site. He may however be required to delete, without notice, any appraisal whose content has been reported to him as being illegal, racist, insulting, homophobic, containing personal information or would not be in accordance with the provisions of these TC.
The published feedback can neither be modified by the Customer nor be the subject of a withdrawal request to the Site Editor.
The evaluations are public and can be freely viewed in the section reserved for this purpose on the page of each Microjob, they are associated with the Username of the Customer and are visible to all Site visitors.
To avoid any improper use of the evaluation system, each evaluation must be directly linked to a sale made on the Site and carried out by the Customer himself. Sales arranged between Customers and Sellers in order to artificially increase the rating of the Microjobs will result in an immediate suspension of the accounts that have contributed to this action. Suspicious reviews will be subject to a thorough verification by the Site Publisher taking into account the work done by the Seller in order to detect inconsistencies with the evaluation received.
The order evaluation process must be free and sincere and must in no case be influenced by any request from the Seller. Sellers who have a threatening attitude towards Customers or who carry out any type of blackmail in order to obtain a positive evaluation would be directly penalized and could see their account closed definitively.
The Visitor registered on the Site (Member) has the possibility of accessing it by logging in using his identifiers (email defined when registering and the password) or possibly using systems such as third party social networks buttons. The Member is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. If the password is forgotten, the Member has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in the « my account » section and the Member therefore refrains from transmitting it or communicating it to a third party. Otherwise, the Site Editor cannot be held responsible for unauthorized access to the Member's account.
The creation of a personal space is free and is an essential prerequisite for any order or contribution by the Member on this Site. To this end, the Member will be asked to provide a certain amount of personal information. Any creation of a personal space requires a valid and accessible email address. He undertakes to provide exact information.
Any Member created automatically by robots or using artificial intelligence will be immediately eliminated and will not give the right to any possible recourse.
The purpose of data collection is to create a « Member account ». The data collected during the creation of the member's personal space is confidential and must in no case be disclosed. This account allows the Member to view his contributions and follow the progress of orders placed on the Site. If the data contained in the « ember account » section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Site and its Publisher could not be engaged, this information having no probative value but only for information. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they are only for information intended to ensure efficient management of the service or contributions by the Member.
Every Member is free to close their account at any time and permanently delete their data on the Site. For an account closure to be possible, the total withdrawal of winnings is necessary as well as the finalization of all open orders. For this, he must go to his account « Account settings » > « Manage my personal data and close my account » > « Close your account » or send an email to info(at)artiista.com indicating that he want to delete his account. No recovery of its data will be possible anymore.
The Publisher reserves the exclusive right to delete the account of any Member who has contravened these TC (in particular, but without this example being in any way exhaustive, when the Member has knowingly provided incorrect information, when registering and setting up his personal space) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded Member who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the Member, when the facts have justified it.
Any account deletion carried out by the Site Publisher would result in a direct cancellation of all open orders, a refund to Customers or a transfer of earnings to sellers. Contributions made on the Site by the Member, such as Microjobs, Offers, Requests... would be definitively eliminated, however the various evaluations, questions and comments published would remain available and viewable by all. The mention « Eliminated User » would replace his Username so that his identity can be preserved.
The status « Verified artist » can be assigned to a Member in the case that the email used when creating an account on the Site is associated with an official website and therefore corresponds to the same domain name. A manual verification would be carried out in order to define the member's eligibility for the status of « Verified Artist ». An exchange of messages to the email to be verified may be required by the Site in order to verify the ownership of the it. The status « Verified Artist » allows Artists to protect their identity on the Site and thus avoid the creation of false profiles and the possible usurpation of their artist name.
The Site Editor is remunerated on the connection between the Buyer and the Seller and receives a commission according to the principles described below.
In consideration for the connection service provided by the Publisher, the Seller agrees to pay the publisher, due to the finalization by the Buyer of the order on the Site, a commission equal to 20% of the amount of the order.
Exceptions in the amount of the commission can be applied under certain conditions, in the following ways:
A maximum commission of 15€ per order is applied to all Customers regardless of their level and the amount of their order.
The commission is acquired and due as soon as the Buyer has placed an order on the Site and regardless of the payment method used.
In the case of an order cancellation, the commissions paid will be canceled and refunded in full to the Buyer.
For any order paid by bank card, a commission applies on the amount of the transaction. This commission is taken by our payment partners and remains the responsibility of the Customer.
Bank charges are calculated at the same time as the Customer selects the payment method he wants to use to complete the transaction and are then added to the total amount of the order.
The Site assistance service can be accessed by email at the following address: info(at)artiista.com, by sending a message to the contact page or by regular post mail to the address indicated in the legal notice.
The Customer (then deemed to be the Buyer) can buy on the Site services presented in the Site's Microjobs, by paying the amount of his purchases on the Site. The creation of an Account is necessary in order to be able to order on the Site. (see Section 8 for more details on creating a Member account).
Steps to follow to make and pay for an order:
Orders placed have a validity of 11 months calculated from the date of confirmation of receipt of payment by our payment intermediary (see Section 11.2. for more details on the payment intermediary). At the end of this period, the order will be canceled automatically if it has not been honored, and the Buyer will receive a full refund.
Once the payment is confirmed, the Buyer is redirected to the « Order progress » page. This page must be used for all communication with the Seller during the entire time the order is placed.
Any unpaid order will be immediately canceled without possible compensation for the Seller who cannot hold the Site responsible.
At the end of the payment, each Seller will manage the order of his services in accordance with the stipulations of these TC.
The sale is concluded between the Buyer and the Seller as soon as the Buyer finalizes his order on the Site. A confirmation is sent to the Buyer allowing him to download a payment receipt. Sending instructions from the Customer are required so that the Seller can start working on the fulfillment of the order. This shipment informs the seller of a new order. As soon as the seller manually starts the order, the established completion time begins to count down.
The order can be started either by clicking on the « Start order » button or by responding to the Buyer by writing a message to him on the « Order progress » page . The Buyer receives a notification indicating that the realization of his order has now started.
The Seller is responsible for the service described in the Microjob and undertakes to deliver it in accordance with the established time announced to the Buyer at the time of the order and the applicable legal provisions.
Complaints and requests for reimbursement made by the Buyer must be addressed to the Seller and have to be made on the Site using the specific functions available to Buyers and Sellers. (see Section 11.6. for more details on canceling orders).
Once the order has been delivered, the Buyer will have to evaluate the transaction using the evaluation system available on the Site. This action is necessary and allows the Seller to receive the gains relating to his sale. (see Section 7 for more details on order evaluation).
In the case of a « non-compliant » order, the Customer may request one or more revisions if they have been included by the Seller. (see Section 11.4. for more details on Revisions).
Credit card payments are supported by our payment partner « MangoPay » and are subject to acceptance of these TC, as well as the terms and conditions of « MangoPay » which can be viewed here . The validation and acceptance of payment remains the responsibility of « MangoPay » and constitutes a necessity so that an order made is considered as validated and can start.
Card payments can be made in the following countries:
The Site, acting only as a third party in the transaction, no sensitive data relating to payment by credit card are stored.
Once the service has been completed by the Seller, he must deliver it to the Customer. All deliveries must imperatively be made on the Site using the tools included, sending files off site cannot be considered valid. The Seller must ensure that the order has been completed before proceeding with its delivery. Un incomplete order will not be considered valid and the Seller may be penalized.
To proceed with the delivery of the order, the Seller must go to the « Order progress » page and then click on the « Deliver my order » button.The files of the delivery must be sent one by one. Accepted formats are: wav, mp3, aac, ogg, wma, aiff, m4a, txt, doc, odt, pdf, rtf, jpg, tif, gif, png. Any other file format must be compressed by the Seller and sent in zip or rar format. The Seller assumes a total responsibility for the files sent to the Customer, ensuring that they do not contain any virus or malicious program. Files must be checked before being sent to the Customer. The Site Editor can in no way be held responsible for any damage that may be caused by the download of a file sent by the Seller. The Seller also ensures that the work provided in the context of the realization of the Microjob is original and that it was produced by himself. This work should not infringe any third party rights including, without limitation, Copyright or registered trademark. He also declares assign all rights of use relating to the Microjob to the Customer at the time of the sale unless stipulating the opposite clearly and visibly in the description of the Microjob.
A message written by the Seller can be added to the delivery of the files, the order status will immediately change to « Delivered », the Customer will be informed and will be invited to review the files sent. A request for revision may be made by the Customer if he is not completely satisfied with the service offered and in the case that the Seller has included it during the creation of the Microjob. An evaluation of the order must be carried out at that time in order to close the order (see Section 7 for more details on the evaluation of orders).
Following a delivery made by a Seller, the Buyer is entitled to request one or more Revisions only if they have been included in the Microjob offer.
The delivery deadline for an order is calculated from the moment the Seller clicks on the « Start order » button or as soon as the Seller responds to the received order by sending a message to the Buyer. A countdown is therefore launched and the Seller undertakes to deliver the order on time. Once this period has ended, the order is considered « Late ». A penalty therefore applies for non-compliance with the established delivery time. The penalties due to delays in order deliveries directly affect the positioning of the Seller's Microjobs on the Site and the Seller may not meet the requirements to increase the level. (see Section 6 for more details on levels).
A late order can be canceled directly by the Buyer without the Seller being able to oppose it.
The cancellation of an order may be requested at any time by the Seller or by the Buyer, as long as the order has not been closed and the Seller has not received his earnings. Depending on the status of the order at the time of the cancellation request, several cases are possible:
A withdrawal of a cancellation request can be made for four days as long as it has not been accepted or refused by the other party. After this period and without response from the other party, the order is canceled automatically, the payment is refunded to the Buyer and the Seller receives a penalty.
An order may be refused by the Seller if he considers that he is unable to honor it in view of instructions of realization sent by the Buyer or if he considers that the instructions go against these TC. He will not receive any penalty in the event of an order refusal. The funds would be returned to the Buyer according to the deadlines established in Section 11.8.
Refunds will be issued in the same payment methods with which orders have been paid.
In the case of a refund for an order for which payment has been made by bank card, the funds are returned to the customer's bank account associated with the bank card. The refund period can be more than 72 hours depending on the bank issuing the card.
In the case of a refund for an order paid for using the funds available on the Site, the funds are transferred to the Customer's e-wallet. (see Section 11.9. for more details on e-wallets).
No refund can be made in the case of a sale older than eleven months.
When an rating is left by a Buyer for an order or when a dispute is closed in favor of the Seller, the order is considered « Completed ». The earnings corresponding to the Sellers are programmed to be transferred to their « e-Wallets » according to the deadlines established in Section 6. An « e-Wallet » is a virtual account dedicated to collecting the funds of each Seller, they are nominative and cannot contain more than one type of currency. If a Seller has received orders in various currencies, several « e-wallets » are created.
By creating an account on the Site, the Member automatically receives several types of alerts or notifications which can be activated or deactivated according to his preferences:
We strongly encourage Sellers and Buyers to try to resolve any disagreements between them. If no agreement is possible, a mediator may be requested by opening a dispute. A dispute may be opened by the Buyer in the following cases:
A dispute may be opened by the Seller in the following cases:
The opening of a dispute is final and blocks the order which cannot be subject to any subsequent modification. A clear and precise explanation is requested from the party opening the dispute. It is advisable to bring all the possible details on the problem encountered so that the moderation team can assess the situation. Any attempt to manipulate reality, lies or false statements may return to the party that opened the dispute and could result in the issuance of a warning and the suspension of an account. Once the dispute has been opened, the party receiving the dispute against it must also provide its elements and explanations. These explanations should be just as clear so as not to risk issuing a warning and suspending an account.
Mediation of a dispute is carried out by an impartial team working within the Site. It will assess the elements sent by the two parties in order to close the dispute in favor of one or the other.
In the case that the dispute concerns the delivery of an order, the various elements constituting the Microjob are examined and compared with the files received by the Buyer in order to assess the conformity of the order. This evaluation in no way takes into account the artistic aspect of the service provided but is based exclusively on the correct execution of the service. For example, for a voice recording service done by a singer , if the recorded voice or the way of singing does not suit the Buyer's expectations, the dispute cannot be made favorable in his favor, the latter having the possibility of choosing the singer corresponding best to his needs before moving on order.
The mediator in charge of the litigation can emit two possibilities in the case of an order not having already been delivered:
In the event of an order having already been delivered:
The decision taken by the mediator is considered firm is final, and cannot be appealed.
Failure to comply with these TC automatically results in a sanction of the Member which may result in:
Any transaction carried out fraudulently (Fraud on the bank card, identity theft, etc...) will result in an automatic closure of the Member's account and a definitive exclusion without any possible recourse.
As part of a Member sanction, the Site reserves the right to apply the most appropriate sanction according to its own criteria. This sanction cannot be questioned by the Member concerned. The Site Editor may in certain cases have recourse to filing a complaint with the competent judicial authorities.
The Site Publisher acting only as an intermediary between the Buyer and the Seller, the invoicing of orders therefore remains the responsibility of the Seller. In order to facilitate the management of invoices, the Site offers to edit on behalf of the Seller the invoices relating to its sales and this, automatically.
The Seller agrees to conclude a Billing mandate with Artiista to use the auto-invoicing service offered by the Site and authorizing it to issue invoices in the name and for the account of the latter.
The connection costs corresponding to the commission that the Site reserves for the sale as well as the possible transaction commissions charged by the service provider for payment management are deducted from the Seller's invoice. These commissions are subject to an additional invoice.
Several elements can be added to personalize professional invoices:
In the case of French auto-entrepreneurs, they will have to select the option « Beneficiary of the franchise system based on VAT (Auto-entrepreneur) » when filling in the billing data so that the edited invoices are exempt from VAT and include special information regarding their specific status.
Individual Sellers, are not allowed to issue invoices, however they have the obligation to issue a payment receipt. This receipt is also issued on behalf of the Seller by the Site. (see Section 18.1. for more details on the tax obligations of Individual Sellers).
Invoices are made available on the « My sales » and « My orders » pages and are available for each closed order. However, a payment receipt will be available to the Customer during the validation of his payment so that he can justify his expenses.
The invoice of the Site includes the commissions for sale as well as the bank commissions charged to the Site by the intermediary of payment. This invoice is generated when each order is closed and is paid automatically. (see Section 6 for more details on commissions applied in relation to the different levels).
A withdrawal of earnings generated by sales on the Site may be made at any time by the Seller once the funds are available in his e-wallet. This request must be made on the « My sales » page. The minimum amount authorized in order to be able to withdraw is 1€. If the customer has not made any sale, the withdrawal request section does not appear.
A blocking period for funds is set up for all levels, this period is compulsory and allows our team to carry out the necessary checks on the transactions issued in order to limit the risk of fraud and money laundering . (cf. Section 6 for more details on the levels and periods of blocking of funds). During this period the Site reserves the right to request proof of identity from the person carrying out the transaction (KYC). (see Section 20 for more details on identity checks).
A bank account must be created before you can make a withdrawal request. (see Section 17 for more details on adding bank accounts).
The Site being available in multiple currencies, the Seller could have received orders paid in other currencies than his. He must therefore make a withdrawal request by currency if the case arises.
The desired withdrawal amount can be defined by the Seller himself by filling in the corresponding field when requesting a withdrawal.
The Site does not receive any commission on requests for withdrawal of earnings. Withdrawals in the SEPA zone are free and a commission could be applied outside the SEPA zone in order to cover any costs incurred. The recipient bank of the Customer could apply certain bank charges on transactions, the Customer will therefore have to inquire with his bank to learn more about the conditions applied by it. Only one transfer request can be made at a time, finalization of the transfer is necessary before you can make a new one.
Any withdrawal of earnings containing irregularities or related to suspicious orders will be blocked for analysis by the Site and the Seller could be contacted to provide more information, in particular concerning the verification of his identity. In this case, the Customer's account will be immediately blocked if the transaction turns out to be fraudulent.
Adding a new account is done on the « Account settings » page in the « My bank accounts » section. The information requested is different depending on the country in which the Seller's bank is located.
The information collected during the creation of a bank account is stored and visible only through our payment intermediary, the Site is not authorized to store and process bank data in accordance with the law. (see Section 11.2. for more details on the payment intermediary).
The information given when creating a bank account must be correct and complete in order to avoid any delay or payment error. The Site Editor cannot be held responsible in the case of late payment due to an error of this type.
The Seller undertakes to implement all means in order to optimally meet its obligations by providing a quality service to Members. He guarantees that they do not in any way contravene the laws, regulations in force and applicable standards, mandatory or not and that they do not infringe the rights of third parties.
The Seller further undertakes that the illustrations provided in the description associated with the Microjobs that it offers comply with the services thus illustrated and respect the rights of third parties. He guarantees that he has rights, in particular intellectual property rights, relating to these illustrations, which allow him to use them in order to present the services.
The Seller agrees and guarantees that he will only offer in his Microjobs services which he owns or over which he has the rights allowing him to offer them. The Seller specifically refrains from offering any regulated service by virtue of legislative, regulatory or contractual provisions (in particular due to the existence of a selective or private distribution network).
In particular therefore, the following services - quoted by way of example and the list of which is not exhaustive - cannot, or only within the framework of strict restrictions, be offered:
The possible commercial relationship between Seller and a Member, who will then be deemed to be a Buyer, will be governed by these TC. The following commitments are made by the Seller and must be respected at all times under penalty of sanctions:
The Site cannot be held responsible in the case of a breach of tax obligations on the part of Sellers and disclaims any responsibility for non-declaration of the income they would have made on the Site.
Sellers are required to take out insurance to protect themselves by covering the risks of their activity of selling services on the Site.
Any attempt to intrude, manipulate data, hack information or actions that interfere with the operation and performance of the server and the system in general will be prosecuted in civil court and / or criminal and the immediate closure of the account(s) of the User(s) concerned.
In the context of a sanction issued to a User or a Member and an account closure, access to the Site and use of the Service would be permanently prohibited. Any attempt to create a new Member account using a different email address would be systematically refused.
The Seller is solely responsible for the sale of the services it offers on the Site. On the description associated with the Microjobs he offers, the Seller undertakes to act in good faith. He is solely responsible for the accuracy of the information contained therein and undertakes that they do not risk misleading potential buyers, as much on the characteristics of the service, as on its execution time or its price. The Seller communicates to the Buyers all the information allowing them to know the complete characteristics of the service.
The sale price of the Services is freely defined by the Seller, in compliance with the laws and regulations in force.
The contracts for the sale of services offered by the Seller on the Site are concluded between the Seller and the Buyer under the resolutive condition that the service is available. the Seller undertakes to offer only available services on the site and to immediately remove from the Site any offer relating to services that are no longer available.
The Seller is informed by email, and in his Member Account, when a service he has posted has been ordered by a Buyer. The Seller therefore has the obligation to consult his emails or to log into his Member account regularly in order to keep informed of important events concerning his activity on the Site.
Under Section 15 of the law of 21 June 2004 on confidence in the digital economy, any Seller or mandatory is automatically responsible for the proper fulfillment of the contract conclude. This principle means that the Seller must ensure the delivery of the service ordered, without lack of compliance with the characteristics specified in the offer and that he is personally responsible for delivery using the tools conferred on him on the Site. allowing it to send files. The Seller can only be relieved of his responsibility in three situations: in the case of fault committed by the Buyer, which he must then be able to prove, in the case of force majeure or irresistible and unforeseeable facts of a third party to the contract.
The Seller is solely responsible for the contracts he concludes with the Buyers and, as such, undertakes to comply with the applicable legislative provisions and in particular the regulations on consumer protection and on distance selling.
The Site allows the online publication of Microjobs presenting services offered for sale by the Seller, intended for Members of the Site, and possibly acquired by a Customer then deemed to be Buyer and framed by these TC. The following commitments are made by the Buyer and must be respected at all times under penalty of sanctions:
We strongly encourage Sellers and Buyers to try to resolve any disagreements between them. If no agreement is possible, a mediator may be requested by opening a dispute. (see Section 13.2. for more details on the mediation process).
We ensure our compliance with laws and regulations relating to the knowledge of our customers and the fight against money laundering. To the extent of our reasonable control, we have an obligation to adopt the necessary measures and technology to control our Users in order to provide safe and secure services. Our optimal compliance framework guarantees our adherence to regulatory requirements and our compliance with standards both nationally and globally, and ensures the operational viability of our website.
In accordance with the laws and regulations in force in the countries concerned and, given the nature of the entities concerned, the content of the information we collect from Customers may vary. In principle, we collect the following information when filling in personal billing data:
We collect the following information when entering professional billing data:
Authentication of identity is based on documents issued by official authorities or similar competent services, such as passports, identity cards or other identity documents required and issued by the countries concerned.
Verification of identity documents is an obligation for all marketplaces in order to comply with the law in force.
The Publisher is not responsible for the publications of the Members, their content as well as their veracity. The Publisher can in no way be held responsible for any damage that may occur on the Member's computer system and / or for the loss of data resulting from the use of the Site by the Member.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and updated information. The Site is in principle permanently accessible, except during technical operations of maintenance and updating of the content. The Publisher cannot be held liable for damages resulting from the unavailability of the Site or parts of it.
The responsibility of the Site Editor cannot be engaged due to a technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the Site, an intervention by the host, an internal or external strike, a network failure, or even a power cut.
The Site Editor cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Services purchased, the Publisher will not incur any liability for any indirect damage as a result of these presents, operating loss, loss of profit, damage or costs, which may arise.
The choice and purchase of a Service is the sole responsibility of the Customer. The total or partial impossibility of using the Services in particular due to incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the responsibility of the Seller.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors in particular in translation, omissions, inaccuracies and other ambivalences that may exist. In any event, the Site Editor can in no way be held responsible:
The Site may include hypertext links to other sites.
The Member therefore acknowledges that the Publisher cannot be held liable for any proven or alleged damage or loss, consecutive to or in connection with the use or the fact of having read the content, advertisements, products or services available on these external sites or sources. Likewise, the responsibility of the Publisher of this Site cannot be engaged if the Member's visit to one of these sites causes him harm.
If, despite the Publisher's efforts, one of the hypertext links present on the Site pointed to a site or an internet source whose content was or appeared not to comply with the requirements of French law to a Member, this - he undertakes to immediately contact the director of publication of the Site, whose contact details appear in the legal notices of the Site, in order to communicate to him the address of the pages of the third party site in question.
A « Cookie » can allow the identification of the Site Member, the personalization of his consultation of the Site and the acceleration of the display of it by saving a data file on his computer. The Site may use « Cookies » mainly for:
The Visitor acknowledges being informed of this practice and authorizes the Site Editor to use it. The Publisher undertakes never to communicate the content of these « Cookies » to third parties, except in the event of legal requisition.
The Visitor can refuse the registration of « Cookies » or configure their browser to be notified before acceptance of « Cookies ». To do this, the Visitor will configure his browser:
All elements of this Site belong to the Publisher or a third party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being limiting, is strictly prohibited and is akin to counterfeiting.
Any Member who is guilty of counterfeiting would be likely to have their access to the site deleted without notice or compensation and without this exclusion being able to constitute damage, without reservation of possible subsequent legal proceedings against him, on the initiative of the Publisher of this Site or his agent.
The brands and logos contained in the Site are registered by Artiista. Anyone performing their representations, reproductions, nestings, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
Any notification or opinion concerning these TC, legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, in specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on possible social networks or the TC, the legal notices or the charter of personal data must be filed within 365 days of the day origin of the problem giving rise to a complaint, regardless of any contrary law or rule of law. In the event that such a claim has not been filed within 365 days, such a claim will forever be unenforceable in court.
It may be possible that, throughout the Site and the Services offered, and to a limited extent, inaccuracies or errors, or information which is in disagreement with the TC, legal notices or the personal data charter. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks, etc...).
If such a situation eludes us, the Visitor and the Member would have the possibility of contacting the Site Editor by post or email at the addresses indicated in the legal notices of the Site, with if possible a description of the error and location (URL), as well as sufficient contact information.
If a provision of the TC is found to be illegal, void or for any other unenforceable reason, then that provision will be deemed severable from the TC and will not affect the validity and enforceability of the remaining provisions.
The TC replace all previous or contemporary written or oral agreements. They are not transferable or sublicensable by the Visitor or the Member himself.
A printed version of the TC and all notices given in electronic form may be requested in legal or administrative proceedings relating to the TC. The parties agree that all correspondence relating to these TC must be written in the French language.
These TC are governed by and subject to French law.
Unless provisions of public order, any litigation which could arise within the framework of the execution of these TC can before any legal action be subjected to the appreciation of the Publisher of the Site with a view to an amicable settlement.
It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided for, in the public interest, any legal action relating to the execution of these TC must be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.
According to Section L.612-1 of the Consumer Code, it is recalled that « all consumers have the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute which opposes a professional. To this end, the professional guarantees the Consumer the effective use of a consumer mediation system ».
As such Artiista offers its Customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are the following:
It is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
All rights reserved - January 20, 2020