General terms of sale – Master+ OnLine

The web site Master+ OnLine is published by Master Plus Sarl, a limited liability company with a capital of 76800 €, headquartered at 12, rue des Landelles – 35510 Cesson-Sévigné,
Registered at the "registre du commerce et des sociétés de Rennes" (Rennes register of trade and companies) under the company registration number 50332089700013.
The editor is Monsieur Julien Courtois
 
The hereby general terms of sale aim at defining the terms and conditions for the supplying of an Audio Mastering online service subject to charges.  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.
 
The service shall be restricted to corporate bodies as well as individuals able to sign contracts specific to the French Law. 
 
 
CLAUSE 1 – ACCEPTANCE OF THE GENERAL TERMS OF SALE
 
An Audio Mastering online service subject to charges shall be proposed to the user by the Company Master Plus Sarl, 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+ OnLine web site) shall imply unreserved acceptance of the hereby general terms of sale by the user.
 
The Company Master Plus Sarl 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/pages/15/terms-and-conditions.html
The user shall be deemed to accept this latest version at every new connection to the web site.
 
In the event of the user disrespecting the hereby general terms of sale, the Company Master Plus Sarl reserves the right to deny him/her access to the site.
 
 
CLAUSE 2 – DESCRIPTION OF THE SERVICES
 
The Master+ OnLine web site allows the user to purchase a service of audio mastering, done by the Company Master Plus Sarl on his/her production(s), and to get these back according to the chosen way, in the form of a Compact Disc medium or via downloading on his/her personal space.
 
Cd Mastering, Download Mastering, Restoration Mastering and Compilation Mastering; the proposed services are detailed and published on the web page accessible at the address :  http://www.masterplusonline.com/en/faq.html

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.
 
Identifier Confidentiality
 
The identifier is personal and confidential. It can only be changed upon request from the User or at the Company Master Plus Sarl 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/login
 
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.

 
Exchanging information
 
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 Sarl shall be led up to deal with data of a personal nature, and has declared the Master Plus OnLine web site to the CNIL (independent French administrative authority which aims at ensuring that data privacy law is applied to the collection, storage and use of personal data). The web site is registered under the 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 Sarl.
 
The web site Master Plus OnLine records 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 Sarl, 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 secured personal space via the ssl protocol available at the address:  https://www.masterplusonline.com/en/login
 
In addition, third parties can exercise their right of opposition by sending a message to this end, at the following address: contact page
 
 
CLAUSE 5 – LIABILITY RESTRICTIONS - WARRANTIES
 
Network performance
 
Considering the Internet network characteristics, the Company Master Plus Sarl does not provide any service continuity guarantee, being in this respect only bind by resources responsibility.
 
The liability of the Company Master Plus Sarl cannot be bind in the event of damages related to a temporary inability to access one of the services proposed by the web site Master Plus OnLine.
 
Web site modifications
 
Every information contained inside the web site Master Plus OnLine are likely to be changed at any time, considering the web site interactivity, but this shall not bind the liability of the Company Master Plus Sarl. 
 
Non-liability of the Company Master Plus Sarl and User warranties

The Company Master plus Sarl shall not assume liability for any damages or losses related to the use or the inability to use the Internet web site Master+ OnLine or its content, with the occasional exception authorized by law. The Company Master Plus Sarl 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 Company Master plus Sarl shall ensure the use of any possible means made available to them, so as to guarantee a maximum security. Namely the implementation of the SSL protocol on the sensitive parts of the site: Order, Order summary, Online payment via Mercanet (BNP Paribas), My Space.
 
The User shall engage in an indemnification of the Company Master Plus Sarl, up to the costs the Company Master Plus Sarl 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 Sarl from any conviction in this regard, in the event of a judicial proceeding.
 
Liability limitation
 
In all events and circumstances, the Company Master Plus Sarl 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 Sarl, 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 bind;
    -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 Sarl 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 Sarl 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.


CLAUSE 8 – FINANCIAL CONDITIONS
 
Services cost
 
Prices are all-inclusive and depend on the option chosen. Prices can be seen on the page available at the following address : http://www.masterplusonline.com/en/quote/prices.html
They are Inclusive of Tax and payable in Euros. Users living out of Metropolitan France are invited to enquire about importation fees or taxes that might be applicable in this particular case, and shall assume responsibility for their statement and payment.
 
International Users who can give evidence of their existence as a Company and provide a valid VAT number shall settle their payment duty-free.
 
Prices can be changed, notably regarding the progression of the network, the technique and legal constraints.
 
Payment terms
 
Services are payable by bank check written in Euros, by an online transfer, with a credit card (CC, VISA, EUROCARD/MASTERCARD), pursuant to the terms defined in the subscription form.
 
For international Users, only credit card payment (CC, VISA, EUROCARD/MASTERCARD) and bank transfer are available.
 
The Contract binding the Company Master Plus Sarl 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 means of payment is received in the case of a check payment;
    -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.
 
 

CLAUSE 9 – INTELLECTUAL PROPERTY
 
All intellectual property and moral rights pertaining to the contents and elements of information of the Internet web site Master+ OnLine belong to the Company Master Plus Sarl's in its own right, subject to any property right that may belong to a third party and for which the Company Master Plus Sarl 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+ OnLine an of the services provided by the Company Master Plus Sarl do not prevail on any assignment nor authorization to trade on or use any of the elements of the Internet web site Master+ OnLine.
 
 
CLAUSE 10 – GOVERNING LAW – CONTRACT LANGUAGE
 
The relations binding the Company Master Plus Sarl 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.