1.1 The company Pixielanes UK LIMITED, on behalf of Pix.city called "the Company", a Private limited Company, whose registered office is located at C/O James Cowper Kreston 8th Floor South, Reading Bridge House, George Street, Reading, Berkshire, England, RG1 8LS, registered under number 12826241 (or the "Company") publishes a site called "Pix.city", accessible at the address https://www.pix.city (or the "Site"). The person in charge of publication is Julien WOLFF.
The Company has the status of electronic money distributor, in agreement with an approval obtained from the ACPR (the French Prudential Supervision and Resolution Authority), in its capacity as a distributor agent of the electronic payment institution MANGOPAY.
MANGOPAY is a payment institution established in Luxembourg, whose registered office is located at 10 Boulevard Royal, L-2449 Luxembourg, and which benefits from an authorisation to operate on the territory of the European Union, issued by the Commission de Surveillance du Secteur Financier (CSSF), the competent Luxembourg authority in this field.
The customer service department can be reached
- By telephone without surcharge from Monday to Friday (except on bank holidays), from 10:00 am to 6:00 pm: +44 7596 337 344.
- By email seven days a week: firstname.lastname@example.org
The website is hosted by OVH located at 2, rue Kellermann in Roubaix (59100).
1.2 This Site provides a platform to bring freelancers specialising in community management, local influence and photography together with clients operating in the region. The freelancers offer skills and specialities on a profile page, along with service packages offered and priced by them for the benefit of clients. Freelancers and customers are hereinafter referred to as "Users".
1.3 The purpose of these General Terms and Conditions is to govern the terms and conditions of use of the Site, to define the rights and obligations of the Users contacted on the Site, as well as to define the commission that will remunerate the Company's contact service.
Users agree on the price and the Pack. This agreement can take place, in the absence of any other agreement between the parties, during the validation of the quote of the City-maker by the Client on the Service. For transactions exceeding 1,500 Euros, the Company strongly
recommends that the Users sign a written document between them as proof of the transaction.
The present General Conditions govern the relationship between the Company and the Users, and also provide a certain number of obligations for the benefit of the co-contractor of the User for each Mission, in particular on the rules of proof, according to the mechanism of stipulation for third parties.
2.1 The following terms and expressions have, unless otherwise specified, the meaning given to them below if they appear with their first letter in capital letters, whether they are in the singular or plural :
"The City-maker" refers to the local influencer who offers their skills as a community manager, photographer and local influencer through a profile sheet. They must have filled in their profile form via a City-maker account and then offer their services on Pix.city’s website.
"The City-maker Account" refers to the account on the Pix.city platform, which must be created by the City-maker in order to access their account, to create their "Packs", to view their current assignments, to create their quotes, and to access their invoices and payment requests.
"Client" refers to the client who wishes to find a local influencer with skills in community management, photography and local influence on social networks. He will need to have filled in his account in order to contact the City-maker.
"Client Account" refers to the account that must be created by the said Client in order to be able to initiate a contact with the City-maker via a discussion module on each page of the site and to then be able to accept a quote. The Client will have a space allowing him to access the City-makers from whom they have ordered services and the corresponding invoices.
"Mission / Project" means the details of a quote accepted by the Client with a view to being carried out by the City-maker.
"Quotation" means the details of the offer proposed by the City-maker with a tariff that must be accepted by the client in order for the service to commence.
"Pack" refers to the service(s) that a freelancer agrees to perform according to an estimate. Several different packages can be proposed by the City-maker – these can be edited according to the Clients' requests.
"Invoicing Mandate" means the invoicing mandate concluded between the Company and the City-maker, thanks to which the Freelancer entrusts the Company with the preparation
and issue of his invoices relating to the Missions carried out for a Client via the website, in compliance with the applicable rules.
"Platform" refers to the Website accessible at the URL address: www.pix.city.
"User" refers to both Clients and City-makers.
"The Company" refers to the company Pixielanes under the trade name Pix.city.
3.1 The User guarantees to have the capacity to commit, whether they are a legal entity or a a natural person. The User must be at least 18 years of age and must update his information on their Client Account or City-maker Account. Access to the Account created is protected by a login and password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of his identifier and password, and is the sole guarantor of their confidentiality, as well as for any use of their account. They undertake to notify the Company if they notice or suspect any unauthorised use of their account.
3.2 Clients and local influencers (City-makers) shall refrain from:
● distributing content that is contrary to the applicable regulations or in violation of the rights of third parties,
● publishing photographs with recognisable people, or brand logos unrelated to local tourism,
● making disparaging or misleading statements about Pix.city, Pix.city, other City-makers or Pix.city Partners.
3.3 Failure by the Clients and local influencers to comply with their obligations, if such failures are sufficiently serious, (inaccurate identification information, dissemination of content in violation of article 3.2, behaviour likely to evade the payment of commission) will entail that the Company has the right to suspend without delay and without prior notification the use of the Site for the Users without prejudice to any other rights and actions, if any.
3.4 In this respect, the Company may view any content published on the Site in order to moderate it or terminate accounts in the event of non-compliance with the aforementioned rules.
3.4 The Local Influencer shall sign an invoicing mandate authorising the Company to carry out invoices on behalf of the Local Influencer.
The Local Influencer assures that they will comply with their statutory obligations arising out of or in connection with the Freelance Services and its employment of any freelance contractors, including but not limited to complying with the Equality Act 2010, Working Time Regulations 1998 and Health and Safety legislation);
The Local Influencer assures that all Booking Fees they will receive in respect of any Agreement will be declared for tax purposes to HMRC (or any other relevant tax authority where the Freelancer is domiciled outside of the United Kingdom and the Booking is performed outside of the United Kingdom);
The Local Influencer assures that anyone working for them and any “associated person” (defined in the 2010 Act) will comply with all applicable anti-bribery and associated legislation relevant to the Booking (including but not limited to the Bribery Act 2010) and any bespoke anti-bribery policies and procedures of the Company at all times and will not act in any manner which may lead to the Company and/or Worksome being liable for any offence under the Bribery Act 2010;
The Local Influencer assures that they will comply and will continue to comply with all applicable anti-slavery and human trafficking laws and regulations including (without limitation) the Modern Slavery Act 2015 and will ensure that anyone working for them is required to contractually comply with this, too;
The Local Influencer assures that he has not committed and will not commit any fraud or UK tax evasion facilitation offence or a foreign tax evasion facilitation offence pursuant to the Criminal Finances Act 2017 (CFA) and will not act in any manner that may lead to Company and/or Worksome being liable for any section 45 or section 46 offence under the CFA;
The Local Influencer confirms that they are not (and that no one who is working for them) is/are the subject of any material claim, investigation or enquiry by any party, regulator, or government body, whether arising in respect of any breach or alleged breach of any applicable laws.
3.5 The service offered by the Pix.city website consists of a platform that will allow City-makers to propose several offers to the Clients via packages to be completed by the City-maker.
The City-maker reserves the right to offer any digital communication service that they like on the platform.
The platform allows Users to:
● offer a simple connection between City-makers and Clients.
● assure that the City-makers will be pre-paid by the Clients via a lockup account (via our partner Mango Pay).
● issue Quotes, which will be visible in the City-maker accounts and in the proposed communication space.
● enable City-makers to make the documents required in the context of the duty of care available to the Clients online.
● automatically generate invoices on behalf of the City-makers via Pix.city for the Client, adapted to the service provided according to the accepted Quotation.
● access a detailed list of Frequently Asked Questions.
3.6 The Client has free access to the different profiles of the City-makers corresponding to their search. The offers of the City-makers are presented in the form of packages, which they have pre-filled on the City-maker account.
These packages are linked to three key skills: Community Management, Local Influence and Photography.
3.7 Once a City-maker profile and a package have been selected, the client has the possibility to enter into a discussion with the freelancer, if the freelancer accepts this via the discussion module on each page. The freelancer contacted in this way can accept the discussion, discuss the content and adapting their packs to the Client's needs, and provide the Client with a quote, which the Client must accept in order for the assignment to begin. The Client will be required to fund its e-money account with the amount of the purchase order, for the freelancer to commence the Mission. The use of the Platform requires the preparation of the quotation by the City-maker before the start of the assignment.
3.8 An assignment can take two forms, made available to the Client and the City-maker:
A "one shot" mission i.e. this mission is a one off and will come to an end. There is the possibility that this mission may be edited by a new agreement of the Users during the course of the mission. Users undertake to issue and accept a new Quotation on the Platform if they wish to reproduce the mission.
A “recurring" mission i.e. the mission will automatically recur each month (on the date of the month that the first pre-payment was made). The client will accept a Quotation and a mission description at the start of the mission, which will become a monthly invoice available on the client space in the "invoicing" area for each completed mission cycle. The recurring mission is repeated every month and has no pre-defined duration of commitment. The client or the City-maker may terminate the mission by giving seven days' notice before the automatic renewal (see article 3.12 in the event of a dispute). The client will then only be invoiced for the last month of the service.
3.9 The Freelancer shall transmit identification information. The City-maker hereby gives an invoicing mandate to Pixielanes, in order to synchronise the amounts appearing on the accepted Quotation, the payment to the e-money account, meaning the invoice will be issued automatically. The City-maker will be able to edit the invoices in such a way that the numbering of the invoices is represented by a unique number and constitutes a continuous chronological sequence without any break. It is the sole responsibility of the City-maker to check the regularity of the invoices edited on the Platform.
3.10 At the end of the assignment, the City-maker shall declare that the assignment has been completed within their City-maker profile. The Client must also accept the end of the mission, so that the amounts deposited in the electronic money account can be paid to the City-maker. In the event of a "recurrent" mission, the City-maker will automatically receive the pending sum for the current mission on the date of the month that the initial pre-payment was made by the Client.
3.11 After acceptance of the end of the Mission by the Client, which includes validation of the Mission carried out by the City-maker on behalf of the Client, an invoice will be issued and then accepted by the Client. In the event of a "one-shot" or "recurrent" Mission, payment of the amount shown on the invoice will be triggered two working days after validation of the invoice by the Client. This process is also valid if the quote has been edited during the mission. If the modification of the quotation during the course of the Mission shows that additional payment is required, the provision on the Mango Pay account will be made by the Client upon acceptance of the end of the Mission, and not upon acceptance of the quotation thus modified. In any event, this additional payment will be made before payment of the Mission to the City-maker.
3.12 If a dispute arises at the end of the Mission and the Mission is not validated by the Client, no payment can be triggered. In this case, Users undertake to do everything possible within 45 days, unless the parties agree otherwise to find an amicable solution to the dispute. In particular, the City-maker and the Client may agree on a reduction of the price with regard to the executed Mission: in the event of imperfect execution of the service, the Client may, after notice of default, notify the City-maker of their decision to reduce the price proportionally. The acceptance by the City-maker of the Client's decision to reduce the price will be made by issuing a new quotation for the discussed assignment and must be accepted by both parties. In the absence of an agreement between the parties, the sums deposited in the Mango Pay electronic money account will be returned to the Client, who will not be entitled to use the services of the City-maker. Users may also make use of a mediation service that is subject to a fee from the Website.
3.13 For any questions, the Client or City-maker can contact the company at the following email address: email@example.com.
4.1 The registration of the City-maker on the Platform requires the registration form on the website to be completed by clicking on "become a City-maker".
The opening of a City-maker Account requires their email address, postal address, status, details of their accounts on social networks, banking information (IBAN and BIC number), the geographical area they will be working on and the details of their Packs.
4.2 The City-maker, by opening a local influence account, certifies on their honour that they are the holder of the site or social network account that they have declared to Pix.city. The City-maker expressly mandates Pix.city to edit the invoice of these Missions.
4.3 The City-maker commits himself to carry out the assignment themselves and not to subcontract all or part of the assignment.
4.4 The Local Influencer shall respect the confidential nature of the assignment they carry out for the client and to return all documents in case of cancellation of the assignment by the client.
4.5. Mandate. The Client gives the Company a mandate to give all necessary instructions to Mango Pay in order to proceed with the payment transactions validated by the Client on and from their electronic money account. This mandate is irrevocable in the event of an accepted Mission, until the Mission ends, whether the sums are paid to the City-maker or returned to the Client.
4.6. Quotation. The City-maker acknowledges and accepts that the amount of their Quotation must include the Company's commission, according to the fee schedule available here.
4.7. Acceptance of the Quotation. The Client validates the Quotation, which constitutes a firm and definitive commitment to execute the Mission by the City-maker under the agreed conditions. The Users undertake to inform the City-maker about the Service at all stages of the negotiation, as well as about the final conditions of the accepted Quotation. The Client acknowledges that it is his responsibility to provide the necessary access and authorisations so that the City-maker can publish on the clients' social networks account if necessary. The Quotation and the performance of the mission run independently of the Client's provision of his accesses.
4.8. Stipulation for third parties: Clients acknowledge and accept that these GCS include a number of stipulations for third parties, which will benefit their co-contractor irrevocably after validation of the Mission.
4.9 Irrevocability. The Customer acknowledges and accepts that it will not be able to reverse the operations it has previously validated, and in particular the confinement of the sums on the electronic wallet account, for the purposes of securing payment of the Mission. The Customer acknowledges and accepts that their electronic money account can only allow payments to be made on the Pix.city service. If the Customer has not given all the information necessary for the proper performance of the contract
4.10 Obligation of means. The Customer acknowledges that the Company cannot anticipate all the contingencies or obstacles to the perfect execution of a Pack, particularly in the case of distance selling. The Service is provided by the Company as part of an obligation of means.
4.11 Right of withdrawal. The right of withdrawal is exercised vis-à-vis the Mango Pay e-money account, and not vis-à-vis the Users of the Service. There is no right of withdrawal on the accepted Quotation, as the City-maker's Mission is a personalised service, which is excluded from the right of withdrawal. Therefore, the exercise of this right of withdrawal in respect of the Service does not allow the cancellation of a transaction with another User.
Withdrawal made to the Company automatically terminates the use of the MANGOPAY electronic purse.
Remittance of funds to the Mango Pay e-money account: This remittance of funds does not bear interest for the benefit of the Client. The Company is under no obligation to notify the Client in writing of the amounts entered in the e-wallet account.
The Client must hold a bank account opened with a banking institution located in the European Union, in their name, and on which they are authorised to carry out any necessary operations. In the case of a joint account, the Customer declares and guarantees that they have all the rights necessary to use the Service.
5.1 The costs of connection to the Site and the use of the Internet in general remain the responsibility of the Users.
5.2 The Site is accessible 24 hours a day, seven days a week for all Users. You can speak to a customer service agent on firstname.lastname@example.org and on +44 7596 337 344. Despite this, the Company does not guarantee Users continuous access to the Site, the continuous availability of the functionalities of the Platform, in particular the profiles of the City-makers or the Packs that they offer.
5.3 The Company will make their best effort to prevent the suspension of access to the Platform, to carry out updates, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive.
The Company reserves the right to permanently close the Site or access to one or more Services. It will make its best efforts to notify this visibly on its Site at least one month before the date of closure of the Site or Service(s).
5.4 The Company reserves the right to make any changes and improvements to the Site and the Services that it deems necessary or useful for the proper functioning of the Site and its Services.
6.1 The Service is invoiced by the Company on the basis of a commission directly deducted from the deposit paid by the Client into the Mango Pay e-wallet account. This commission is due for the connection between the City-maker and the Client, and does not depend on whether or not the Mission has been carried out correctly. In the event of a change in the
Mission, this commission can also be deducted from any additional amount paid by the Client to the Mango Pay e-money account. In the event of a change in the Mission and its price, the commission initially deducted remains due. No reimbursement will be made.
6.2 The applicable commission fee schedule is available here.
6.3 Payment for the Mission is made in advance by credit card or by transfer to the e-money account managed by the Mango Pay partner. The Client expressly accepts that the sums paid into their e-money account are restricted until the Mission has been completed, by the payment of a Mission that they validate, or by the notification of a dispute. The Client therefore refrains from requesting the reimbursement of sums paid into their electronic money account before the end of the Mission and/or the notification of a dispute.
6.4 The use of the Platform requires the opening of an electronic wallet with MANGOPAY, governed by the provisions of the Monetary and Financial Code, the present General Terms and Conditions of Use and Sale, and the Mango Pay General Terms and Conditions available in Appendix 2 and which Customers accept when creating their account.
These General Terms and Conditions prevail over the Mango Pay General Terms and Conditions, in particular with regard to the implementation of refund requests, as well as the respect of the periods of confinement of the electronic money during the performance of the Mission by the City-maker.
The supply of the electronic wallet, which is mandatory for the Mission to be carried out, may be carried out by bank transfer or credit card.
The opening of a MANGOPAY account requires the following documents to be provided in advance:
- the Customer's identity card, passport or residence permit. This must be legible.
- Where applicable, fill in an IBAN in their name, to which the funds available in the Wallet will be transferred at a later date at the request of the Customer.
The Customer must provide the supporting documents in JPG or PDF format, not exceeding 5 MB in size.
6.5 The Company reserves the right to request any other proof, prior to the validation of the Electronic Money account or subsequently, with regard to the verification obligations imposed by the Monetary and Financial Code and the policy for fraud management, the fight against money laundering and/or the financing of terrorism, implemented by MANGOPAY. The Customer undertakes to provide them on first request. Failing this, the execution of the Service may be suspended, including the operation of the electronic money account, and the account may be closed.
6.6 The Company reserves the right not to validate the creation of an electronic money account without having to transmit justification, in order to preserve the effectiveness of its control procedures.
6.7 The Company cannot be held liable for any reason whatsoever for the refusal, suspension or closure of an Electronic Money Account in the context of the fight against fraud, crime, terrorism or money laundering.
6.8 The Professional, subject to proof of compliance with the aforementioned conditions, may exercise his right of withdrawal from the Company in accordance with the form available in Appendix 1.
6.9 The Client may expressly waive his right of withdrawal, in particular by validating the Mission, in order to benefit from the City-maker's services within the period of 14 days.
6.10 The exercise of a possible right of withdrawal by the Client on the creation of their Mango Pay account does not entitle them to return to an aborted Mission, which corresponds to a personalised service.
6.11 Discount on the electronic wallet. This remittance of funds by the Customer does not bear interest for his benefit.
6.12 The Client expressly authorises the Company to inform the City-maker of the availability of the sum provided in the accepted Quotation on the electronic money account of the Client. The Client expressly acknowledges that the Mission will only commence subject to the presence of adequate funds for its settlement in the Client's electronic money account.
7.1 As the Internet cannot be guaranteed to always work reliably, the Company cannot exclude that access to and operation of the Site and Services may be interrupted, particularly in the event of force majeure, malfunctioning of the User's equipment, malfunctions in the User's Internet network and maintenance operations intended to improve the Site and Services.
7.2 Consequently, the Company may not be held liable for any interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions that may be attributable to it.
7.3 The Company provides Freelancers and Clients with tools and technical means enabling them to enter into a relationship for the purpose of concluding a service contract through the Site. Its responsibility is limited to the provision of these means, as described herein, and to putting Freelancers and Clients in contact with
7.4 In particular, the Company shall not be held liable for the frequency of presentation of Freelance profiles on its Website.
7.5 The Company and the User are independent parties, each acting in their own name.
e name and/or on behalf of a Freelancer or Client, the latter contracting directly with each other through the Website.
7.7 As a result, the Company may not be considered in any circumstances as an employee/employer or agent of a User.
7.8 As the Company is not a party in any capacity whatsoever to the contracts relating to an Assignment concluded between the Freelancers and the Clients/Project Owners, the latter shall be solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or performance of said contracts. Consequently, each User releases the Company from all liability for any direct or indirect consequences resulting directly or indirectly from the establishment, conclusion and/or performance of such a contract between a Freelancer and a Client/Project Owner.
7.9 In this respect, the Company shall not be held liable for any cancellation or repudiation of payment or revocation of direct debit authorisation at the sole initiative of the Client/Project Carrier, and for any consequences that may result from this.
7.10 The Company cannot be held liable in any way whatsoever for breaches of the obligations that are incumbent on the City-maker.
7.11 Thus, the Company cannot be held liable for false, misleading or out of date information communicated to it by the Freelancer.
7.12 Likewise, the Company reserves the right not to transmit to the Freelancers messages from Clients/Project Owners when they do not comply with the conditions of use of the Site.
7.13 The Company cannot be held responsible for any misunderstanding between the City-maker and the Client before the conclusion of the quote. The company only puts the two contracting parties in contact with each other.
8.1 The User undertakes to make fair use of the Site, the Service and not to bypass the Service for purposes other than those provided by the Company's Site, in particular with a view to signing the Quotation and/or carrying out the Mission outside the Platform and not paying the Company's commission.
8.2 The City-maker undertakes to give as much detail as possible about the packages that they have on their account so that the Client can understand exactly what the service provided will be. They undertake not to provide any inaccurate, incomplete or misleading information that may mislead the client in his choice. Furthermore, the City-maker is solely responsible for the content that he places on the Website and for the service that they will provide. The City-maker therefore undertakes to ensure that its offers and content comply with the applicable regulations, not to divulge any offensive or defamatory content and not to disseminate any content that is contrary to the image of the client's brand.
8.3 The City-maker undertakes to fulfil their duty to advise and to answer the questions of the Client. The City-maker may terminate a conversation that they do not consider appropriate: The Client will no longer be able to solicit the City-maker.
8.4 If the Client has questions to ask, he must do so in compliance with the rules of discussion and politeness that an online platform requires. They must provide all the necessary and indispensable elements so that the City-maker can carry out their mission in the best conditions.
8.5 If a quote is drawn up by one of the City-makers, the Client may not enter into a conversation with another influencer in the meantime. They must refuse the proposed quote if they do want to enter into a conversation with another Influencer.
8.6 Both the freelancer and the Client undertake to be up to date with their respective fiscal and social obligations. The contract for the provision of services is concluded between the Users. The company acting as intermediary cannot be considered as the employer of the City-maker.
8.7 Should it happen that the City-maker disseminates false information on his profile or in the service they offer, or is not up to date with their social and/or fiscal obligations, the Company cannot be held liable for this. Furthermore, the Company may suspend the operation of the City-maker's account until their obligations have been settled.
8.8 The Client acknowledges that the Company does not select the City-makers, nor does it sanction possible difficulties in execution with Clients, unless one of these difficulties constitutes a proven violation of these General Terms and Conditions.
8.9 Disputes arising between Users must be settled between them, as the Company is not authorised to settle any dispute whatsoever.
8.10 The purpose of the Service is to bring Clients and City-makers into contact with each other. The Company will punish any behaviour that contravenes these general terms and conditions, in particular behaviour that is detrimental to the proper functioning of the Service, to the trust of the Users or to the brand image of the Service.
On the other hand, it is not the Company's role to verify or sanction the non-compliant execution of the Missions, or disputes arising between Users. The Company may propose the cancellation of an assignment if, after three months following the acceptance of the quote, the client has still not given the project leader the information necessary and essential to the completion of the assignment (e.g. right of access to accounts to carry out content integration on social networks). Pre-paid amounts cannot be reimbursed and cancellation will incur costs as indicated in the above-mentioned articles.
In the event of non-compliance with the guarantees provided hereafter by Users or in the event of a breach of any provision of these general terms and conditions, the Company reserves the right to suspend the Service against the User.
In the event of a repeated violation of these General Terms and Conditions, the Company reserves the right to terminate the Service, and/or to close the Electronic Money account.
In the event of a justified complaint by a User against another User, and provided that such complaint is related to a breach of these General Terms and Conditions, the Company reserves the right to suspend or terminate the Service against the User who is the subject of the complaint.
Pix.city may, temporarily or permanently, suspend the use of the Electronic Money account and the use of available funds in the event of a dispute, fraud, or investigation in the fight against money laundering, criminality and terrorism, until the resolution of the dispute, fraud or investigation.
The Company may transmit any User identification details, any details relating to the Content disseminated on the Site to the competent authorities for the purpose of sanctioning fraud, and/or any other illegal behaviour on the Service or misuse of the Service for fraudulent or illegal purposes or prejudicing the rights of third parties.
8.11 The Company allows each City-maker to take out an operating civil liability policy with the insurer AXA, in accordance with the autonomous general and special terms and conditions, as soon as the Client accepts a quote. The details of the insurance are available here.
9.1 The Company is the exclusive owner of its logos, its corporate name and its domain names. These elements are protected by the laws relating to intellectual property and others, and in particular copyright and trademark law.
9.2 Any User who publishes Content on the Site retains all intellectual property rights to what he or she publishes. The User guarantees that the Company holds all the necessary rights to be able to disseminate the Content on the Site. The User guarantees the Company against any disturbance of use relating to the distribution of User profiles and their Packs. The User consequently guarantees the Company against any recourse or action in relation to the Content disseminated on the Site, and undertakes to indemnify the Company for any financial consequences, including reasonable legal fees payable by the Company.
9.3 By creating a profile, the User expressly authorises the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt and display this public Content on the Site, the Company's social network pages, the blogs operated by the Company and/or on any other media (in particular physical and digital media, press kits, commercial, promotional and/or advertising material), by any means, for the purposes of operating, improving, promoting, marketing and advertising the Services and the Site or for the purposes of setting up partnerships. This authorisation is valid for the entire world and for the duration of the copyright, it being specified that the Content disseminated on the Site
from the User's profile is only intended to be disseminated for the duration of the User's registration on the Site.
9.4 The User acknowledges that any use of their Content made by the Company prior to the deletion or termination of their account may not be called into question.
10.2 The information (surname, first name, email address, bank details) requested when registering for the Platform is necessary for the proper functioning of the Service. In particular, Pix.city will communicate via the User's email address for the purpose of presenting its services and offers, unless the User opts out.
10.3 Tags are necessary in order to confirm that the User comes from Pix.city when booking or paying for an assignment after having accepted the quote. The User can also revoke his consent here: (www.pix.city/p/Privacy and data)
10.4 The Platform provides the user with a collection and processing of personal information in compliance with the French law n°78-17 of 6 January 1978 relating to information technology, files and freedoms and the European regulation n°2016/679 of 27 April 2016.
10.5 The user has a right to access, rectifiy, delete and oppose, portability on their personal data, as well as the right to determine their fate in case of death. The User exercises these rights via email by writing to email@example.com.
10.6 For the proper functioning of the Site and the Services, cookies are installed in the User's computer when they connect to the Site.
10.7 Cookies record information relating to navigation (pages consulted, date and time of consultation, etc.) and the identification of its Users.
10.8 The storage period of cookies installed by the Company is six months.
In the event of a serious breach by the User of his obligations, in particular with regard to the social and fiscal obligations required for the offer of Packs, non-compliance with copyright, and unfair presentation of Service offers, the User's account may be automatically terminated by Pixielanes - Pix.city, 15 (fifteen) days after sending a formal
notice by registered letter with acknowledgement of receipt to the defaulting Party to perform, remaining, in whole or in part, without effect, without prejudice to any damages and interest that the injured Party may claim under the terms.
In the event of proven liability on the part of the Company, the amount of compensation due by the Company to the User may not exceed the amount of the commissions generated or paid by the User to the benefit of the Company in the 6 (six) months preceding the event giving rise to liability.
12.1 The Company reserves the right to modify all or part of these General Terms and Conditions.
12.2 The Company will inform the User of any changes made to these General Terms and Conditions in a visible manner on the website.
12.3 If the User does not agree to the new General Terms and Conditions, the User has a period of one month from the date of notification to inform the Company by email. In this case, the previous General Terms and Conditions will remain applicable to any Mission in progress, before termination of the User's account at the end of the Mission.
12.4 In the event that the User has not notified their disagreement within the period provided for above, they will be deemed to have accepted the modifications, which will apply in particular in the event of a new Mission concluded between Users.
The records on the Pix.city and MANGOPAY servers constitute proof of the operations carried out on the Site.
Users hereby agree to a stipulation for each of their co-contractors, by which they accept that the elements of Content, the description of the Mission, the Quotation, and the acceptance of the Quotation, shall be deemed authentic between them, in the absence of proof to the contrary.
13.2 Titles - Tolerance
The headings of the articles of this contract are for convenience only and in no way affect the meaning of the provisions to which they refer.
No act of tolerance by either of the Parties shall constitute a waiver by it of any of the provisions of this contract.
13.3 Partial disability
The nullity or inapplicability of any of the stipulations of this Contract shall not entail the nullity of the other stipulations, which shall retain their full force and scope.
However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
14.1 The PIXIELANES / Pix.city customer service team are available from Monday to Friday, from 10:00 am to 6:00 pm, and are designed to deal with any difficulty on the Service, including on the Mango Pay electronic wallet, excluding complaints relating to relations between Users.
Customer Service Line: +44 7596 337 344.
Email address: firstname.lastname@example.org
14.2 The declaration of disputes between Users on the Platform opens a dispute resolution period between Users for a maximum period of 45 calendar days, starting from the day following the notification of the dispute. During this period, the Client's corresponding funds shall remain on its electronic wallet, which the Client expressly accepts, and it is the responsibility of the parties to reach an agreement to resolve the dispute, which shall be notified by both parties to the Company, and where applicable, after verification by the Company of the identity of the parties.
14.3 Users may have recourse to a paid mediation solution offered by a third-party service provider.
14.4 If an agreement is reached, the funds will then be paid in accordance with the instructions resulting from the joint agreement of the parties, after deduction of the Company's commission, which remains due in any event, on the basis of the original accepted Quotation or on a Quotation that has been amended upwards.
14.5 If no agreement is reached at the end of this 45-day period, the funds on the electronic wallet will be returned to the Client within a period of 15 clear days, which the City-maker expressly accepts, after deduction of a flat-rate handling fee of 60 euros.
14.6 The Clients acknowledge and accept that any dispute arising after the transfer of the amount of the Mission to the City-maker cannot give rise to a transfer to the Client's electronic money account by the Company, the Service being fully executed by the arrival of the funds subject to the Mission on the bank account of the City-maker. The Users undertake to resolve this dispute between themselves in good faith.
15.1 Any dispute between Worksome and you will be governed by English law. Worksome and you will agree to submit all disputes arising out of and in connection with these Standard Terms to the exclusive jurisdiction of the English courts.
15.2. In the event that the User is not a trader, disputes will be brought before the competent court.
Updated on 23/10/20