Version revised as at 27 October 2017
These general terms and conditions of use (hereinafter “the General Terms and Conditions”) govern access to and use of the entire HODMOS Platform, property of the company HODNOS, a société par actions simplifiées (simplified shareholding company) with a share capital of 3,000 Euros, registered at the Paris Register of Trades and Companies under the number 82795772100018, having its registered office at 5 rue Léon Nozal 93200 SAINT-DENIS (hereinafter “HODNOS”).
Article 1. PURPOSE
HODNOS offers a site which puts users in contact in order to exchange information and to offer artistic services in exchange for service fees.
These General Terms and Conditions apply to any User of the HODNOS Platform. Access to and use of the HODNOS Platform implies acknowledgement and acceptance without restriction or reservation of these General Terms and Conditions by the User.
We recommend that you carefully read these contractually binding General Terms and Conditions before using the Platform as their purpose is to set out the rules and obligations of use of the site and the services.
HODNOS reserves the right to adapt and amend these General Terms and Conditions at any time and without prior notice. Amendments shall enter into force as soon as they are published online and the version which prevails shall be the one which is accessible online. Use of the services offered by HODNOS after amendment of these General Terms and Conditions implies acceptance by the User of any amendments.
Article 2. DEFINITIONS
“Application” means any one of the HODNOS mobile applications (or any other address(es) which may be substituted for it(them) and “Applications” means all of the aforesaid Applications. The Applications form part of the Platform.
“Artist” means any person who registers on the Platform in accordance with the registration procedure put in place by HODNOS and who offers his or her artistic services on the Platform.
“Client” means any person who registers on the Platform in accordance with the registration procedure put in place by HODNOS in order to find the Services of Artists and to exchange information on the Platform.
“Content(s)” means all content placed online on the Platform by a User, including, but not limited to, any Service, data, information, text, description, commentary, assessment, name, sign, image, sound, video, logo or any other material.
“Service Fees” means the remuneration received by HODNOS for the linking provided by the Platform. These Service Fees are borne by the Artist and deducted from his or her remuneration. The Service Fees are 8% of the amount of the Offer accepted by the Client.
“Platform” means the functional and organisational structure put in place by HODNOS providing the linking of the Users of the Services with the Artists, accessible via any one of the Sites or Applications. The HODNOS Platform includes all of the Sites and Applications and accordingly means without distinction all or any part of the Sites or Applications.
"Service" or “Services”: All of the artistic services and other services placed online on the Platform by the Artists and other Users.
“Secure Booking Service” means the booking service offered by HODNOS to the Client, which allows for reduction of the risk of last minute cancellation by the Artist and secures the payment of the transaction. Terms and conditions for cancellations are set out at Article 6 below.
“Site” means the website operated by HODNOS, that is the site https://www.hodnos.com, or any other address which may be substituted for it and “Sites” means all of the aforementioned Sites. The Sites form part of the Platform.
“User” means any person who accesses or uses the Platform. Article 3.
USE OF THE SITE
3.1 The HODNOS Platform is a space for exchange on which the Services of Artists may be offered to Users, provided that what they offer is not contrary to the statutory provisions in force and these General Terms and Conditions.
3.2 For this purpose, HODNOS (i) provides the option for Artists to present their Services through their profile, which is personal, to any User, (ii) may make facilities available to Artists permitting them to highlight and promote their Services, and (iii) offers facilities on the Platform to Users, permitting them to dialogue with other Users and to exchange information about their Services.
3.3 Profiles created by Artists on HODNOS must contain a certain number of criteria (category, duration, locality, cost etc.); certain of these criteria are obligatory. Otherwise, profiles may not be put online and HODNOS reserves the right to amend the information criteria at any time and at its sole discretion.
3.4 The role of HODNOS is limited to intermediary between Artists and Clients, unless expressly provided to the contrary herein. HODNOS is not involved in any manner in the Artists' performances, who alone decide, at their own discretion, whether to accept a Client's request for the provision of Services. In addition, with the exception of the limited role of intermediary described in these General Terms and Conditions, HODNOS is not involved in any manner in the introduction chain, marketing and/or the provision of the Services. HODNOS has accordingly no control over the quality of the performances offered. Similarly, HODNOS cannot guarantee to the Client that the Service will not be cancelled by the Artist where the Artist is acting in a professional capacity, all of these matters being exclusively and directly under the personal responsibility of each Artist and Client. HODNOS cannot in any circumstances be held liable under this Article. The terms for refund in the event of a cancellation are set out in Article 6 below.
3.5 Both HODNOS and the User are independent parties, each acting for and on its own behalf. These General Terms and Conditions do not create any relationship of subordination, mandate, Joint Venture Company, joint undertaking, relationship of employer/employee, or franchisor/franchisee between HODNOS and any User.
3.6 In the absence of a contrary statutory provision, each User releases HODNOS (together with its corporate officers, directors, agents and employees) from all liability in the event of a complaint and/or claim between Users, and/or any loss or damage, present or future, actual or alleged, whether or not established, resulting directly or indirectly from such complaint and/or claim.
3.7 Without prejudice to the aforegoing, HODNOS reserves the right to assist with the promotion of the Services placed online on the Platform and marketed by Artists, including by establishing partnerships with other Internet sites and/or by publication in the media and/or by the sending of publicity e-mails in compliance with the statutory provisions applicable. Such participation shall not remove from it the capacity of simple intermediary in the exchanges between Artists and Clients, given that HODNOS only promotes the Platform and the range of Services which is offered thereon. At no time shall HODNOS be involved in the relationship between Artist and Client concerning any Service in particular.
3.8 HODNOS does not control the information placed online on the Platform by Users. It is accordingly recommended that each User applies care and commonsense when using the Platform.
Article 4. THE USER'S OBLIGATIONS

4.1 Access to the HODNOS platform is free of charge and no prior registration is necessary in order to view it. However, in order to benefit from the Services as Artist or Client, the User must register in advance by opening an account on the Site or the Application. HODNOS does not make any a priori selection or supervision of Users.
4.2 Any person who registers on the Site undertakes to provide correct, complete and up-to-date information, and all other data (including personal data) necessary for completion and continuity of the registration on the Platform, including a valid e-mail address and all additional information necessary in order to become an Artist or Client. Each User further undertakes to keep his or her account up-to-date and to make any amendment to it concerning his or her information without delay. Each User shall be solely liable for the consequences resulting from the provision of false, invalid or erroneous information to HODNOS and/or another User.
4.3 In order to register, the User shall specify a valid e-mail address, a username (or pseudonym) and a password, together with a telephone number. HODNOS reserves the right to ask for other information to be provided when registering. The User undertakes not to register under a username which infringes the rights of a third party. In addition, the User shall not use a name which infringes the copyright, trademarks, trading names or styles of a third party or another User, or a name or pseudonym visually or phonetically close to the name or pseudonym of another User.
4.4 The User's registration permits him or her to create a unique account allowing access to the whole of the Platform using the same username and password. The use of the User's name, associated with his or her password, shall establish a presumption that the same User has accessed and used the Platform. Where he or she becomes aware of access to his or her accounts by a third party, the user undertakes to notify HODNOS immediately by e-mail to the address service.client@hodnos.com in order to allow HODNOS to take measures to remedy the situation.
4.5 Each User undertakes to create and use one single account only. Any departure from this rule shall be subject to a request by the User and an express and specific authorisation by HODNOS.
4.6 Each User undertakes to use the Platform and publish Content on the Platform in compliance with these General Terms and Conditions and the legislative and/or regulatory provisions in force.
4.7 Each User is solely liable for his or her Content, HODNOS only being a passive technical intermediary for its publication online and not controlling the Content prior to its publication online. The User shall not publish any content and in general engage in any act or behaviour, on all or part of the Platform:
a. which infringes the copyrights, patents, trademarks, industrial design rights, manufacturing secrets, sign and/or private life of third parties;
b. which is defamatory, harmful, derogatory and/or slanderous;
c. which is discriminatory and/or incites violence or racial, religious or ethnic hatred;
d. which is obscene, pornographic and/or paedophile, contrary to public policy or morality, or of which the subject matter or basis is unlawful;
e. with the intention of obtaining or attempting to obtain the transfer of sums of money unless paid in consideration for a Product in compliance with these General Terms and Conditions and of a value equal to the sums requested;
f. which incurs or is likely to incur the liability of HODNOS or to result in the loss of benefit of all or part of the provision of services by HODNOS including its Internet service providers, payment service providers and/or storage service providers;
g. which is likely to infringe the image and/or reputation of HODNOS or the Platform and/or to constitute unfair competition practice against HODNOS, another User and/or a third party;
h. which is potentially unfair, prejudicial, derogatory or harmful to HODNOS, the Platform, any User and/or any third party;
i. which is inaccurate or misleading;
j. which infringes or is likely to infringe any Law or regulation applicable and/or any contractual clause binding the User.
4.8 By communicating Content through the Platform, including where such Content is subject to intellectual property rights, the User grants to HODNOS (but without obligation for HODNOS) a non-exclusive licence, susceptible to sub-licensing, free of charge, for the entire world and for the duration of the User's registration and in any event within the limit of the duration of statutory protection of any related intellectual property rights, to use, reproduce, perform, publish, make available, communicate, amend, adapt and publish, on the Platform and on other media (including any physical or digital media, in any press release or press kit, presentation media, promotional and/or publicity material or Internet site), by any means, all or part of the Content, exclusively for the internal use of communication, advertising, promotion or marketing. The User acknowledges that any use of his or her Content by HODNOS in compliance with the abovementioned provisions prior to the de-registration, removal or closure of his or her account may not be questioned by the User.
4.9 The User acknowledges and accepts that his or her Content may be viewed on the Platform by any User who is able to access his or her profile and follow his or her activities. Options to de-register from the HODNOS services are available on the User's account. De-registration shall lead to the closing and removal of the User's account (including the associated personal data).
4.10 Each User warrants HODNOS concerning the Content which he or she has published on the Platform, and consequently indemnifies HODNOS in the event of any action by a third party where such action has as its grounds or basis, or originates from, any Content published by him or her on the Platform. Each User undertakes to bear the consequences, including financial, which may result from such action and to indemnify HODNOS upon demand. HODNOS reserves the right, without compensation, warning or prior notice, to remove any Content of which it has become aware on its own initiative or by notice from a User, which infringes any provision of these General Terms and Conditions and/or the legislative and/or regulatory provisions in force, and to to suspend or close the User's account, without prior notice and without compensation.
4.11 The User represents his or her own interests. Accordingly, he or she acknowledges and accepts that the services are provided under his or her entire responsibility. HODNOS is in no way party to any transactions which may take place between Users, it being specified that HODNOS in no circumstances guarantees that the entry into contact between an Artist and a Client shall result in the conclusion of any transaction whatsoever.
Users must take all appropriate safety precautions and measures necessary, including ensuring that the Artist has the abilities, rights and skills necessary to provide the Service offered, or that the Service meets their requirements.
Article 5. TRANSACTIONS - PAYMENT
5.1 HODNOS offers a Secure Booking Service to Clients in order, inter alia, to limit the risks of cancellation by the Artist and to additionally secure the transaction.
This Secure Booking is carried out by the Client on the Site by paying the sum due which is equal to the remuneration proposed by the Artist. This payment be seemed to be a reservation, subject to receipt of the payment by HODNOS. The sum is then debited to the Client but will only be paid over to the Artist after the complete delivery of his or performance.
5.2 Following confirmation from the Secure Booking, the Client and the Artist will be informed that the performance has been concluded by an e-mail sent to each of them at the address provided at the time of their registration on the Platform. Any cancellation subsequent to this booking confirmation is subject to the terms set out in Article 6.
If the Artist cancels a booking confirmed on the Site, HODNOS reserves the right to exclude him or her from the Platform, and especially where such cancellation has caused loss to the Client.
5.3 After the delivery of the performance, the Client confirms this to HODNOS. This confirmation may be (i) by express confirmation of the proper completion of the performance, which the Client must confirm, by the means made available on the Platform, within seventy two (72) hours from the date specified for the Transaction, such confirmation approving payment of the Artist; or (ii) by tacit confirmation or without communication by the Client within seventy two (72) hours from the specified date of the performance, the Client is deemed to have confirmed the proper completion of the Artist's performance and to have approved payment.
5.5 The Client may also dispute the proper completion of the performance within seventy two (72) hours from the specified date of the Artist's performance in order to block the payment process. In this case a dispute is opened and processed via the Platform.
Any dispute by a Client must be in detail and indicate clearly the reasons for dispute and must be sent to HODNOS via the Platform.
HODNOS has no obligation concerning the settlement of disputes submitted to it by Clients and/or Artists. HODNOS shall only make best endeavours to find solutions to satisfy Users, and solely at their request. In no circumstances may the liability of HODNOS be incurred in this regard. Where the performance has been carried out via the Secure Booking Service, HODNOS may, on an express request by one of the Users concerned in the dispute, retain the sums paid by the Client pending an amicable settlement between the Parties or a final court decision.
5.6 HODNOS is in no event liable or guarantor with regard to the Artist in respect of a payment issue where, for any reason whatsoever, the sum paid by the Client is reversed including in the case of dispute on the Client's bank card or fraudulent use by a third party of the Client's bank card. In this event, the Artist undertakes to reimburse to HODNOS, on demand, any sum received which is called into question as a result of such a payment issue.
5.7 Via its payment management partner STRIPE, HODNOS offers a security deposit service to Users at the time of booking. Users accept use of the security deposit service offered, and accordingly will not use any means other than this.
In accepting these General Terms and Conditions without restriction or reservation, any User accepts being bound by the STRIPE (online payment solution usable for the payment of Products) General Terms and Conditions of Use accessible directly on the website, these being subject to amendments by STRIPE from time to time.
HODNOS is not involved in any manner in the use of the said payment service. All of the terms and conditions connected with payment via the Secure Booking Service are regulated by STRIPE.
Article 6. CANCELLATION
6.1 In the event of cancellation by the Client before confirmation by the Artist via the Platform, HODNOS will cancel any prior authorisation relating to the method of payment and/or refund all token payments debited in connection with the said confirmation within a reasonable time limit. The Artist expressly acknowledges and accepts that he or she may not claim any financial compensation.
6.2 In the event of cancellation by the Client or the Artist seventy two (72) hours after confirmation by the Artist given via the Platform, HODNOS undertakes to refund to the Client the total sum paid in connection with the performance without delay. The Artist expressly acknowledges and accepts that he or she is not paid and may not seek any financial compensation.
6.3 In the event of cancellation by the Artist later than seventy two (72) hours after confirmation by the Artist via the platform, HODNOS undertakes without delay to refund to the Client the total sum paid in connection with the performance and will take 15% by way of Service Charges and all other sums having been invoiced in accordance with the provisions of these General Terms and Conditions against his or her next performance, which he or she expressly acknowledges and accepts.
6.4 In the event of cancellation by the Client later than seventy two (72) hours after confirmation by the Artist via the Platform, HODNOS cannot undertake without delay to refund to the Client the total sum paid in connection with the performance will take 15% by way of Service Charges and all other sums having been invoiced in accordance with the provisions of these General Terms and Conditions. The Artist expressly acknowledges and accepts that he or she will be paid and may not seek any financial compensation.
6.5 In the event of cancellation for reason of force majeure or circumstances unforeseen by the Artist (solely an Artist certified by HODNOS) or by the Client later than seventy two (72) hours after confirmation by the Artist via the Platform, the Peace of Mind Insurance shall apply and HODNOS undertakes without delay to refund to the Client the total sum paid in connection with the performance and will take 15% by way of Service Charges and all other sums having been invoiced in accordance with the provisions of these General Terms and Conditions. The Artist expressly acknowledges and accepts that he or she will be paid and may not seek any financial compensation.
6.6 HODNOS reserves the right for any reason whatsoever to cancel a booking made via the Platform, and neither HODNOS or the Client or the Artist may be pursued for such cancellation or for refunds. The Artist expressly acknowledges and accepts that he or she may not claim any financial compensation.
Article 7. ASSESSMENTS ON THE SITE
After the performance by the Artist, Users will be able to mutually evaluate each other on the Platform, as well as to leave comments. Users may also evaluate each other in the event of cancellation of the performance. These notes and comments are public and accessible to all Users. HODNOS reserves the right or close an account if the User receives numerous negative assessments.
HODNOS is in no circumstances liable for Users’ reciprocal assessments. However, HODNOS reserves the right to remove any assessment left by a User if it is not compliant with the legislation in force or these General Terms and Conditions or is defamatory to another User.
Article 8. RIGHT OF CANCELLATION - GUARANTEES
In accordance with Article L221-28 of the Consumer Code, Users have no right of cancellation as provided for distance contracts for the provision of leisure services, which must be provided up to a specified date or for a specified period.
When booking a service through the Secure Booking Service, HODNOS allows Users to take out insurance. This insurance allows the Client to be covered in the event of loss and damage caused by the Artist arising from his or her liability. In addition, it allows the Artist to be covered in the event of bodily injury suffered by him or her or material damage to his or her instruments and equipment.
HODNOS does not directly provide insurance for transactions entered into on the Platform and acts only as intermediary to offer insurance products to Users.

Article 9. CLOSURE OF ACCOUNT
In the event of non-compliance with these General Terms and Conditions being established, HODNOS reserves the right to withdraw the provision of services which contravene the provisions of these General Terms and Conditions and/or the legislative and/or regulatory provisions in force and/or to block, suspend or close the User's account.
In the event of closure of the User's personal account by the User or at the discretion of HODNOS in accordance with the provisions of these General Terms and Conditions, these shall no longer be applicable to the former User. Closure of the User's account will lead to deletion of the said account, including personal data associated with it, subject to any contrary provisions of these General Terms and Conditions or the Law entitled Informatique et Libertés (Data Protection and Freedom of Information).
Article 10. INTELLECTUAL PROPERTY
10.1 HODNOS is the owner of all of the intellectual property rights comprising the Site and the Platform, including the Sites and the Applications, together with their content and the HODNOS trademark, with the exception of information posted by Users. The Site comprises a work over which exclusively HODNOS is the owner of the intellectual property rights. The User undertakes not to infringe the rights of HODNOS.
Use of and registration on the Platform, via one of the Sites or one of the Applications, implies no transfer of intellectual property rights to the User.
10.2 Subject to compliance with these General Terms and Conditions, HODNOS grants to Users a limited, non-exclusive, revocable and non-transferable licence, without right to sub-license: (i) access to and use of the Platform and the Application solely for the use of the Services; and (ii) access to the and use of all Content, information and material relating thereto which is made available to Users in connection with the Services. All rights not expressly granted herein are reserved to HODNOS.
Article 11. LIABILITY - COMPENSATION
11.1 HODNOS shall only be liable for direct loss and damage attributable exclusively to a contractual breach committed by HODNOS.
11.2 The Platform and Site of HODNOS are provided "as is" and according to availability. HODNOS may not be held liable for any operating fault of the Platform or the Site, such as a lack of availability. HODNOS is bound by an obligation of best endeavours for the provision of the Site and its Services.
HODNOS may no circumstances be held liable for interruptions of all or part of the Platform regardless of the cause, duration or frequency of such interruptions.
HODNOS undertakes to make best endeavours to provide secure access to view and use the Platform's services. This is available on a 24-hour/7-day basis except in the event of force majeure or the occurrence of an event beyond the control of HODNOS and subject to any breakdowns or maintenance necessary for the proper operation of the Platform, including the Sites and the Applications. Maintenance operations may be carried out without prior notice to Users.
11.3 HODNOS shall not be held liable with regard to disputes between Members, including in regard to the quality of the Artist’s performance.
Article 12. PERSONAL DATA
12.1 Users' personal data is processed automatically by HODNOS for the purpose of management and administration of their accounts, as well as for rating performances.
HODNOS complies strictly with the legislation in force on the collection and processing of personal data. At the time of registration on the Platform and payment, the User is required to provide personal and confidential data (including bank details), permitting him or her to use the Platform's features.
The personal data gathered is intended exclusively for use by HODNOS. The said data is stored for the duration necessary for the purpose for which it is collected and processed.
This processing is subject to a declaration made to the Commission Nationale Informatique et Libertés (CNIL) (Data Protection Authority) under the number 2042667 v 0.
12.2 Pursuant to the Law “informatique et libertés” (Data Protection and Freedom of Information) any User has the right to access, change, correct and delete personal data concerning him or her. He or she may require the correction, completion, clarification, updating or deletion of personal data concerning him or her which is inaccurate, incomplete, ambiguous or out of date. Any User may also, on legitimate grounds, object to the processing of data concerning him or her.
Any user may exercise his or her rights by writing to HODNOS by e-mail at the address service.client@hodnos.com or by post to the following address: HODNOS -5 rue Léon Nozal 93200 SAINT-DENIS. HODNOS will do everything within its power to process applications for the amendment and deletion of Users' personal data as soon as practicable.
12.3 On closure of a User's personal account for any reason whatsoever, personal data relating to that account and in particular traffic data is deleted or made anonymous.
12.4 HODNOS may install cookies on the Platform. This is an automatic tracking process which records information relating to Users' browsing on the Platform, and stores the information entered during visits in order to ease registration and use of the Platform. The User's express consent is obtained to install cookies on the User's equipment. The User may object to their installation and/or delete them by following the procedure indicated on his or her web browser.
Article 13. APPLICABLE LAW

These General Terms and Conditions are to be governed and interpreted in accordance with French law.

In the event of difficulty relating to the interpretation or implementation of these General Terms and Conditions, the Parties undertake to attempt an amicable resolution.

Notwithstanding any clause to the contrary, in the event of dispute the French courts shall have exclusive jurisdiction, including in the event of there being more than one defendant or third party liability proceedings.

The law applicable shall be French law.

Article 14. MISCELLANEOUS PROVISIONS
14.1 If any provision or part of these General Terms and Conditions is declared null and void or inapplicable by a court or by virtue of the law, that provision or part of these General Terms and Conditions shall be deemed unwritten, the other provisions remaining in force and continuing to have effect.
14.2 In the absence of provisions to the contrary, the fact that one of the Parties has not asserted the application of any clause of these General Terms and Conditions shall in no circumstances be construed as a waiver by that Party of the rights arising from that clause.

For any query concerning these General Terms and Conditions of Use, or query or remark concerning the Site, contact: service-client@hodnos.com.
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