I. Definitions

The Company means SAS MARKETING IMMOBILIER which, in particular sells the STARTLOC service.

The Subscriber means a natural or legal person linked to the Company by a contract for the services provided by the latter.

The Customer means the party jointly contracting with the Subscriber (for example: a homeowner selling their property or a landlord making it available for rent etc.), who is not bound to the Company by any kind of legal relationship whatsoever.

Profile means the information disclosed by the Subscriber when registering or logging on, namely the personal data required from the Subscriber to manage their subscription or access to the Website and/or Applications and the chosen payment method for the selected services.

Subscription Fee means the cost of the subscription taken out by the Subscriber, as stated on their Registration Form, and applicable on the date of Signature.

Customer Service Department means the information and support service made available to Subscribers by the Company.   
Subject to the provisions of the Special Terms and Conditions, the Customer Service Department may be contacted by telephone on 03 68 38 91 91 (standard rate from a landline) between 09:00-12:00 and 14:00-18:00 or from outside France on +33 1 07 37 61 36, by email: contact@startloc.fr or by post: MARKETING IMMOBILIER, Service STARTLOC, 40 Rue Jean Monnet, 68100 Mulhouse, FRANCE.

Website means all the products and services offered by the Company on the web address https://www.startloc.fr/. All pages for specific Products and/or Services are connected to and accessible from the Website.

II. Purpose

The General Conditions of Sale govern the services offered by the Company. They are supplemented by the Special Terms and Conditions, where necessary. The General Terms and Conditions of Sale and, where necessary, the Special Terms and Conditions, constitute the Contract binding the Company and the Subscriber.

The Company MARKETING IMMOBILIER provides the Subscriber with access to its STARTLOC application for the purpose of creating property inventories.

The Subscriber undertakes to read these General Terms and Conditions of Sale carefully and, where necessary, the Special Terms and Conditions, and acknowledges that by subscribing to and using the STARTLOC service they are deemed to have accepted both without restriction or reservation.

The aforementioned General Terms and Conditions of Sale and Special Terms and Conditions may be amended by the Company at any time, in particular to comply with any changes to applicable laws or regulations.

The contractual relationship between the Company and the Subscriber is exclusively governed by the provisions of these General Terms and Conditions of Sale, and where necessary, the Special Terms and Conditions.

III. Description of the service

The STARTLOC application enables Subscribers to:

∙  Create unlimited “property”, “landlord”,  “tenant” and “employee” profiles;

∙  Create unlimited inventories (move-in or move-out), have them signed directly on a tablet, and send them by email to the appropriate person;

∙  Permanently back up on secure servers any data  synchronised by the Subscriber;

∙  Synchronise any data entered during each user session, in line with the required set-up;

∙  Securely sign inventories (system for automatically removing signatures if an inventory is altered after it has been signed).

IV. Financial Conditions and Payment.

1. Fees.

Unless specific provision is made in the Special Terms and Conditions, the Fees for subscribing to the STARTLOC service are available to the public on the Website: https://www.startloc.fr/index.php/tarif-startloc

There are two subscription forms provided: one for “5 Users” and one for “10 Users”

2. Changes to the fees.

The Company may increase or decrease the Subscription Fee by a maximum of 20% per year. Where necessary, the Company undertakes to notify the Subscriber at least 1 month before any increases in the fee. The Subscriber will then have one month in which to cancel their subscription immediately and at no cost. The Subscriber declares to be fully aware of this provision.

The Subscriber may not claim any discounts in such circumstances or attempt to cancel the service outside notice period set out in the previous paragraph.

The Subscriber expressly acknowledges that any changes they make to their subscription shall be subject to the terms and conditions of the month in force and that the fees set out on https://www.startloc.fr/index.php/tarif-startloc may vary regularly without the Company being required to notify the Subscriber.

3. Methods of payment.

3.1 Payment by bank card through the www.startloc.co.uk Website

As its name suggests, the annual Subscription taken out through the Company’s Sales team shall be paid online (bank card, Stripe) in advance for each year, for the initial installation and then upon receiving an invoice for subsequent years. The Subscriber may pay using a bank card through a secure online platform (e.g. Stripe).

If the Customer fails to make the payment, they will be automatically liable for a late payment penalty. The interest rate of these penalties is equivalent to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. A flat-rate recovery charge of €40 per invoice shall also be payable (pursuant to the provisions of article L.441-10 of the French Commercial Code).

After the second reminder, access to the application will be suspended for all users. However, all synchronised data will be kept until the amounts owed by the Customer have been paid in full.

3.2 Directly from the Apple Store or Google Play.

Apple collects the fees for subscriptions to the STARTLOC service taken out through the Apple Store. The subscription renews automatically for successive periods equivalent to the initial period of one year, unless it is cancelled at least 24 hours before the end of the current contractual period. The Subscriber can manage and cancel their subscription through their account settings on the App Store.

Google Pay collects the fees for subscriptions to the STARTLOC service taken out through Google Play. The subscription renews automatically for successive periods equivalent to the initial period of one year, unless it is cancelled at least 24 hours before the end of the current contractual period. The Subscriber can manage and cancel their subscription through their account settings on Google Play.

V. Effective date, term and cancellation of the contract.

1. Effective date of the subscription.

The Subscriber must be able to access the STARTLOC application within seven (7) working days of paying in full the fee stipulated on the day they take out the subscription.

2. Term and cancellation of the subscription.

The subscription runs for a period of 12 months and is renewed automatically for an equivalent period, regardless of the subscription method used (directly through the Company’s Sales team, or on the Apple Store or Play Store).

For contracts entered into directly through the sales team, the subscription renews automatically, unless notification to the contrary dated no later than 15 days before the renewal date is sent by signed for registered letter to the following address: MARKETING IMMOBILIER, 40 Rue Jean Monnet, 68100 Mulhouse, FRANCE

For contracts entered into through the Apple Store or Play Store: the subscription renews automatically, unless it is cancelled at least 24 hours before the end of the current contractual period.

VI. GDPR and Confidentiality.

The Company undertakes to comply with current regulations on personal data processing and, in particular, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (GDPR).

The processing of the personal data used by the STARTLOC service is secure, relevant, reasonable and strictly necessary to fulfil our purposes, in accordance with the aforementioned regulation. These items are set out in a summary table below.

As such, the Company acts:

∙  as data controller when processing the personal data of Subscribers to the STARTLOC service;

∙  as data processor when processing the data of customers of Subscribers to the STARTLOC service.

1. Our obligations as data controller.

1.1 Data processing (durations and purposes).

1.2. Right to data portability and erasure.

The Subscriber has the right to the portability and erasure of their personal data, which they may exercise free of charge by sending their request for portability or erasure to the following email address: kevin.colombe@groupe-realty.fr

The Company shall respond to the Subscriber’s request by email, within a reasonable period of 2 months, which may be extended to 3 months if there are particularly complex or a large number of requests.

2. Our obligations as data processor.

The Parties acknowledge that the Company acts solely as data processor when hosting the data of the Subscriber’s customers, the obligations of which are set out in article 28 of the GDPR. The Subscriber therefore remains solely responsible for determining the purposes and means for processing personal data, and acts solely as data controller within the meaning of French Law 78-17 of 6 January 1978, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

As such, the Subscriber is solely responsible for complying with the conditions for obtaining consent from customers, and cannot transfer their obligations and responsibility to the data processor under any circumstances.

As data processor, the Company reminds the Subscriber of their obligations as data controller under the aforementioned legal and regulatory provisions, namely ensuring personal data is collected lawfully and fairly. Principals, the Company and tenants must be able to object to the collection of their data or modify data collected by the data controller for the purpose of the rental, or at any time before, during or after the term of the rental mandate, management mandate, or simply for the entire term of the rental.

The Subscriber declares to be fully aware that the STARTLOC application is not to determine whether or not a tenancy has been cancelled if the move-out inventory is not carried out through the application. In such circumstances, the Subscriber undertakes to inform the Company of the cancellation of the tenancy by any lasting means, particularly with a view to enabling the latter to calculate the period for which data relating to the Subscriber’s customer is retained after the contractual period.

The data controller must inform and, where necessary, obtain the explicit consent of the data subjects and:

∙  Ensure compliance with the rights of access, rectification, erasure, restriction, portability and objection to the processing of data, and allow data subjects to set out future instructions for their data after their death;

∙  Define a suitable and relevant retention period of no more than 5 years after the last commercial relationship for all personal data, including surname, forename, telephone number, email address, property address, inventory and photographs of the property. This period is justified by the need for access to data with a view to managing potential disputes.

The Company and the Subscriber jointly guarantee the protection, confidentiality, integrity and security of any personal data collected. In the event of a physical or technical incident, the Company shall ensure the technical ability to restore the availability and access to personal data in a timely manner, and implement processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. If the Subscriber requires any further information regarding GDPR compliance, our DPO can be contacted at the following address:
kevin.colombe@groupe-realty.fr

VII. System requirements and compatible hardware

The Subscriber declares to be fully aware of the hardware and operating system versions required for the proper use of the STARTLOC application, as set out below:

●  Hardware with a minimum of 64GB hard drive space, and a minimum of 4GB of RAM.

●  A Wi-Fi or 4G internet connection with a minimum speed of 5mbit/s. The hardware must be no more than two years old.

●  The STARTLOC application is compatible with the two latest versions of the IOS and ANDROID operating systems.

In view of this, the Subscriber declares that they take personal responsibility for ensuring the conformity and age of the hardware used, and that it is regularly updated, as well as for the internet connection used.

Should any of these items not be observed, under no circumstances can the Company be held liable by the Subscriber – who shall remain contractually obliged – if they misuse the application.

VIII. Warranty and Liability

8.1 Warranty Disclaimer

The Company guarantees the user after-sales service through a ticket system. The user may therefore send a ticket to the STARTLOC application Technical team, by visiting the Website www.support.startloc.fr. The STARTLOC application Technical team undertake to reply to each ticket within 24 hours (on working days).

If the Subscriber opens a ticket, and no response is received from the STARTLOC Technical department for more than 1 month, a commercial discount shall be applied to the renewal of the Subscriber’s STARTLOC subscription, equivalent to the pro rata period for which use was affected.

The Company shall use any means at its disposal to ensure an optimal user experience, that is free of technical glitches. However, with a view to constantly improving user experience, the Company must develop new features and introduce them through updates.

As such, the Company cannot be held liable for any technical issues encountered when introducing updates. Furthermore, the Company cannot be held liable for any issues the Subscriber may encounter within 3 months of an update being introduced. The Subscriber acknowledges this and therefore agrees to waive any claims against the Company for any damage resulting from a technical issue within the three-month period after an update has been introduced.

If a technical problem impacts the Subscriber for more than 3 months after an update has been introduced, the Subscriber acknowledges that under no circumstances can their right to compensation – arising from both an agreement between the parties and legal proceedings – exceed the cost of one year’s subscription to the STARTLOC application, regardless of the damage suffered.

8.2 Liability Disclaimer:

The parties agree that in no way shall the Company be held liable for the Subscriber’s use of the application. Similarly, neither the Subscriber nor their customers shall hold the Company liable for the misuse (lack of signature on an inventory/non-compliance with time frames for sending an inventory, etc.), or fraudulent use of the application.

However, if such a situation should arise, the Subscriber acknowledges that they shall be liable to pay any financial penalty imposed upon them to the Company, as well as all costs of the proceedings and damages corresponding to 30% of the amount in dispute.

IX. The Company’s Intellectual Property

1. The Company holds the intellectual property rights – or has been granted the necessary licences to the intellectual property rights – for all components of its publications and Services, as well as its communication media, including text, photography, images, infographics, drawings, logo, phonographic or video recordings, graphic charter, hypertext links, computer programmes or any other creation or work that may be protected.

Whether or not they may be accessed freely, any total or partial reproduction, storage, representation, distribution, translation or use, of any kind whatsoever and by any means whatsoever, of any of these components, without prior written authorisation from the Company is strictly prohibited and would constitute a counterfeiting offence under article L. 335-2 of the French Intellectual Property Code, punishable by three years’ imprisonment and a fine of €300,000.

The Company is also the exclusive owner of any trademarks it has registered or uses regularly. Their reproduction, use or affixing without prior written authorisation from the Company is strictly prohibited and would constitute an act of counterfeiting under article L. 716-1 of the French Intellectual Property Code, incurring the civil liability of the perpetrator.

2. These General Terms and Conditions of Sale do not entail the transfer to the Subscriber of any intellectual property rights concerning the structure or content of the Website.

As such, the Subscriber undertakes in particular to not use the information in a way that harms the rights of the Company and to ensure that their use does not constitute counterfeiting of the Information or unfair/exploitative competition.

The Subscriber or, more generally, any third party, whether a natural or legal person, is not authorised to use the digital media and/or content for purposes other than for personal, private, non-collective and non-commercial use.

X. Applicable Law.

These General Terms and Conditions of Sale are governed by the laws and regulatory provisions of France, and interpreted in accordance therewith.

XI. Exclusive Jurisdiction.

The courts in the city of MULHOUSE (France) shall have exclusive jurisdiction to hear any dispute that may arise from these General Terms and Conditions of Sale.