The Master Plus web site is published by Master Plus sàrl, headquartered at Le petit verrière, 35650 Le Rheu - France - France, registered at the RCS Rennes - France under number: 50332089700013.
Web hosting : OVH - http://www.ovh.com
The hereby general terms of sale aim at defining the terms and conditions for the supplying of a Mixing / Mastering paying service via internet. Should the need arise, the hereby general terms of sale shall be completed or changed by specific terms and conditions of use related to some functionalities and some means of access and payment.
CLAUSE 1 – ACCEPTANCE OF THE GENERAL TERMS OF SALE
A mixing / mastering paying service via internet shall be proposed to the user by the Company Master Plus sàrl, subject to his/her unconditional acceptance of the hereby general terms of sale.
The User shall state and acknowledge he/she has read the whole clauses of the hereby general terms of sale. In addition, the connection to any of the services proposed on the site accessible at the address : http://www.masterplusonline.com (hereafter the Master Plus website) shall imply unreserved acceptance of the hereby general terms of sale by the user.
The Company Master Plus sàrl reserves the possibility to change at any time the whole or part of the hereby general terms of sale. It shall consequently be the user's duty to consult regularly the latest general terms of sale version, at the address http://www.masterplusonline.com/en/tac
The user shall be deemed to accept this latest version at every new connection to the website.
In the event of the user disrespecting the hereby general terms of sale, the Company Master Plus sàrl reserves the right to deny him/her access to the site.
CLAUSE 2 – DESCRIPTION OF THE SERVICES
The Master Plus website allows the user to purchase a service of audio mixing / mastering, done by the Company Master Plus sàrl on his/her production(s), and to get these back via downloading a file on his/her account.
The proposed services are detailed and published on the webpage accessible at the address : http://www.masterplusonline.com/en/order
CLAUSE 3 – OPENING AN ACCOUNT – IDENTIFICATION – EVIDENCE – EXCHANGING INFORMATION
Once the account has been created after subscribing and paying for the services, a password shall be attributed to the User and he/she shall use his/her e-mail address as an Identifier.
His/her Identifier (e-mail address) and password allow him/her to access his/her private account.
The identifier is personal and confidential. It can only be changed upon request from the User or at the Company Master Plus sàrl initiative.
The User shall be solely and fully responsible for the use of his/her own identifier and shall engage to do his/her best to keep his/her identifier secret and not to disclose to anyone, in any possible guise.
In the event of a loss or theft of the identifier, the User is responsible for any harmful consequences of this loss or theft, and shall as soon as possible use the procedure that allows him/her to change it, and which can be consulted on the web page accessible at the address https://www.masterplusonline.com/en/connectAccount
Agreement on the evidence
The parties explicitly agree on:
- the presence of an identification code shall validly identify the author of a document or message, and establish the authenticity of the document or message,
- an electronic document containing an identification code shall equal to a piece of writing signed by the issuing person,
- the parties may claim for the paper print of an electronic message from an electronic mail service software, so as to prove the content of the exchanges they had about the fulfilment of the hereby general terms.
The User shall agree to use the electronic mail service for the transmission of the information he/she requests, regarding the contracting or contract completion.
CLAUSE 4 – DATA OF A PERSONAL NATURE
The Company Master Plus sàrl shall be led up to deal with data of a personal nature, and has declared the Mixing Plus website to the C.N.I.L. (independent French administrative authority which aims at ensuring that data privacy law is applied to the collection, storage and use of personal data). The website is registered under number 1332190.
The collection of data of a personal nature shall not allow divulging directly or indirectly ethnic origins, political, philosophical or religious views, or union membership of people, nor data regarding the health or sexual life of these.
The data regarding the User are collected and processed in a loyal and lawful way, for given, unequivocal and legitimate finalities, without being subsequently processed in an incompatible way regarding these finalities, in a form allowing the identification of the people concerned, during a term that does not exceed the necessary term of the finalities for which they have been collected and processed.
Data of a personal nature are subject to processing operations by a subcontractor or someone acting under the authority of the processing manager or subcontractor only upon request from the processing manager from the Company Master Plus sàrl.
The web site Master Plus saves a cookie to track (language, IP address, browser, country) the visitor while he visits the site. Once his browser is closed, the cookie is deleted. By the hereby general terms, the User, is informed of the fact that data of a personal nature, reported as compulsory on the forms, and collected within the framework of the service defined under clause 2 of the hereby general terms, are necessary to the use of this service, strictly used within the framework of this service, and solely intended to the Company Master Plus sàrl, which takes useful precautions so as to preserve data safety, insofar as possible.
The User benefits from a right of access and correction of these data, a right he/she can exercise by logging into his/her account at url : http://www.masterplusonline.com/en/myAccount/profile
In addition, third parties can exercise their right of opposition by sending a message to this end, at the following address: http://www.masterplusonline.com/en/contact
CLAUSE 5 – LIABILITY RESTRICTIONS - WARRANTIES
Considering the Internet network characteristics, the Company Master Plus sàrl does not provide any service continuity guarantee, being in this respect only bind by resources responsibility.
The liability of the Company Master Plus sàrl cannot be bind in the event of damages related to a temporary inability to access one of the services proposed by the website Master Plus.
All information contained within the Master Plus web site may be changed at any time, considering the website interactivity, but this shall not bind the liability of the Company Master Plus sàrl.
Non-liability of the Company Master Plus sàrl and User warranties
The Company Master plus sàrl shall not assume liability for any damages or losses related to the use or the inability to use the Master Plus web site or its content, with the occasional exception authorized by law. The Company Master Plus sàrl does not guarantee either that the information displayed are detailed, completed, checked or correct.
The User shall certify the perfect knowledge of the characteristics and constraints of the Internet.
The User shall engage in an indemnification of the Company Master Plus sàrl, up to the costs the Company Master Plus sàrl may be charged with, following any claims or disputations, whether they be judicial or extrajudicial, and related to the User's use of the services defined in clause 2 of the hereby, and secures the Company Master Plus sàrl from any conviction in this regard, in the event of a judicial proceeding.
In all events and circumstances, the Company Master Plus sàrl liability is limited to the amount of the cost of the service used.
CLAUSE 6 – USER OBLIGATIONS
During the first order, the User shall bind himself with the transmission of all the information, notably administrative, necessary for his identification and qualification, with a view to open an account.
The User shall pay without further delay the cost for the services provided by the Company Master Plus sàrl, pay the cost for any supplementary or additional service he may require, pursuant to the terms of the hereby general terms and potential supplementary general terms.
Commonly, the User binds himself to:
- respect the legal, statutory, contractual provisions, as well as professional customs and practices to which he is bound;
- notably respect the whole of the legal and statutory provisions related to informatics, files and freedom, and to this end, to request from the Commission Nationale de l'Informatique et des Libertés
(C.N.I.L.) or to any enforcing authority which would be a substitute, any useful authorization or statement issued from an automated process;
-not to present, copy, retail or make unavailable by any means, any information received from the Company Master Plus sàrl to another individual or corporate body.
CLAUSE 7 – PENALTY DUE TO BREACHES OF CONTRACT
In the event of the User non-performing one of the provisions intended by the hereby general terms, the Company Master Plus sàrl shall deny him/her the access to the service, after having sent a formal notice compelling to respect the terms of the hereby general terms via an e-mail remained ineffective 72 hours after the electronic message was sent, and the User shall in this regard not claim any restitution or reduction of the cost./p>
CLAUSE 8 – FINANCIAL CONDITIONS & REVISIONS
Prices can be seen on the page available at the following address : https://www.masterplusonline.com/en/rates
They are Inclusive of Tax and payable in Euros.
Prices can be changed, notably regarding the progression of the network, the technique and legal constraints.
Services are payable, by wire transfer (banking fees at the User's charge) and by credit card via Paypal in Euros.
The Contract binding the Company Master Plus sàrl and the User shall take effect only after the full payment of the chosen service, the date of payment being set :
- to the date when the documentary evidence of the transfer is received in the case of a bank transfer;
- to the date of payment in the case of an online payment with a credit card, noting that the User paying online makes his own the fees related to his connection to access the site.
The services cannot begin before the service is paid for.
If the User is not satisfied with the first delivery of the mixing(s) / mastering(s), he can exercise its right to object, and ex officio, claim a complete revision of the mixing(s) / mastering(s), to a limit of 1 claims. Master Plus Sarl undertakes to complete your revision(s) within a maximum of 5 working days from the date of receipt of your claim.
Terms of Sale
All our invoices are payable and due within the time period noted on your invoice. In case of non-payment, we shall reserve the right to charge a 10% interest per month from the date of the invoice without prior notice.
CLAUSE 9 – INTELLECTUAL PROPERTY
All intellectual property and moral rights pertaining to the contents and elements of information of the Internet web site Master Plus belong to the Company Master Plus sàrl's in its own right, subject to any property right that may belong to a third party and for which the Company Master Plus sàrl has obtained the necessary assignments of rights or authorization.
The rights conferred to the User with a view to the use of the site Master Plus an of the services provided by the Company Master Plus sàrl do not prevail on any assignment nor authorization to trade on or use any of the elements of the internet website Master Plus.
CLAUSE 10 – GOVERNING LAW – CONTRACT LANGUAGE
The relations binding the Company Master Plus sàrl and the User, notably governed by the hereby general terms, are subjected to French law, with the exception of any other state legislation. In the event of the hereby general terms being written in several languages or of a translation, only the French version has probative force.