Term of use tenant using the Studapart platform
Studapart is a trademark registered with the French Institut National de la Propriété Industrielle (“I.N.P.I.) under the number 4197123.
Studapart (hereinafter referred to as « Studapart ») is a simplified joint-stock company registered in the official registry of Pontoise under the number 790 562 813, with a registered capital of €14.356,00 and whose registered office is located at 31 bis, rue de Bellevue – 95520 Osny.
Tenants shall be able to dematerialize their rental application form directly on the platform. The platform allows tenants interested in renting accommodation to be in contact with (i) their landlord (ii) the agency responsible for the property’s management and (iii) residence hall management companies.
Studapart provides to tenants a functionality allowing them to book and pay for an accommodation through the platform.
The Platform available at www.studapart.com is published by Studapart.
Studapart can be contacted either by electronic mail at firstname.lastname@example.org or by phone at the following number: +331 70 69 45 36.
ARTICLE 1: Definition
- Tenant(s): shall mean any natural person in search of an accommodation;
- Tenant Area: shall mean the virtual space assigned to the Tenants. Such Area is accessible by entering the identifiers;
- Personal Data: shall mean any personal data, within the meaning of the European General Data Protection Regulation, collected, transmitted or processed by Studapart and which allows to identify any natural person.
- Intellectual Property Rights: shall mean all literary and artistic property rights (copyright and related rights), industrial property rights (trademark, design and patent) provided for in the French Intellectual Property Code and international Treaties;
- Application fee: shall the management fee paid by the Tenant to the professional when booking an accommodation via the platform;
- Booking fee: shall mean the fee paid by the Tenant to Studapart when booking and paying for an accommodation via the platform. The amount of such fee shall be set out at the time of booking;
- Landlord(s): shall mean any property owner of an accommodation registered for an account;
- Professional(s): shall mean any company offering services with respect to the real estate field such as real estate agencies, property managers, management companies, student residences;
- Platform(s): shall mean any platform(s) published and any and all content created by Studapart, including graphic charters, frames, banners, flash and video animations, source code, HTML code and programming;
- Booking: shall mean any booking made by the Tenant on the Platform with a Landlord or a Professional and for which the Application and/or Booking fees have been paid directly through the platform.
ARTICLE 2: Subject matter and scope
Studapart is the first connecting platform which enables the tenants to easily and quickly find an accommodation near their university campus.
ARTICLE 3: Entry into force– duration
ARTICLE 4: Creation of a Studapart account
In order to access all of the Platform’s features, the Tenant must create an account. The browsing on the Platform and the access to information displayed on the Platform require being registered on the Platform.
For each use of the Platform, the Tenant shall enter his/her username and password and must keep such username and password secret. Usernames and passwords are non-transferable and for personal use only. The Tenant shall ensure that his/her username and password are not being or likely to be used by third-parties. Within this framework, the Tenant undertakes to keep each element of his/her username and password.
When registering for an account, the Tenant must provide the following information:
- Full name ;
- Email address ;
- Phone number ;
Following the validation of the Studapart account, the Tenant shall receive a confirmation email. The Tenant shall then be able to access his/her account’s features and provide Studapart with optional information allowing Studapart to facilitate the searches for an accommodation.
The Tenant shall be able to scan all the following documents usually requested to complete a rental application form:
- Photocopy of the identity card ;
- The Tenant’s three most recent pay slips;
- The guarantor’s three most recent pay slips;
- The guarantors’ tax assessment notice;
- A proof of the guarantors’ address;
- The guarantors’ identity document;
- The three most recent rent receipts or the guarantors’ property tax assessment notice;
- Guarantors’ bank account identification (R.I.B.);
The Tenant shall be entitled to provide any other necessary information in order to facilitate the filing of an application.
Such information is optional and shall not affect the accommodation search process carried out on the Platform. However, providing such information is strongly recommended in order to increase chances of obtaining the accommodation for which the Tenant applied.
Studapart also reserves the right to remove any content from the Platform, for any reason and without prior notice. Such removed content may be retained by Studapart, including, but not limited to, for the purpose of fulfilling certain legal obligations.
ARTICLE 5. Services
The creation of a Studapart account allows the Tenants to have access to certain features available on the Platform. Such features enable the Tenants to:
- Connect with Landlords and Professionals and provide them with their application;
- Book and pay for an accommodation online;
- Enter into a dematerialized rental agreement.
The Tenants registered for a Studapart account may apply for an advertisement relating to an accommodation directly online. Studapart provides the Tenants with a specific page dedicated to the placing of their rental application form online.
The “My rental application form” area enables the Tenants to dematerialize and update their rental application form in accordance with the Landlords and Professionals’ expectations.
ARTICLE 6: Payment terms
When using the Platform, the Tenant may proceed with payments online.
Each Tenant warrants having all the authorizations that may be required to use the method of payment chosen and that all the information provided gives access to sufficient funds to cover all costs incurred for booking.
Studapart is in no way a financial institution. Any payment intermediary services, collection on behalf of third-parties services and electronic purse creation and management services are provided by Stripe, an authorized partner specialized in such services.
The use of online payment functionalities via Stripe shall be deemed as an unreserved acceptance of Stripe’s general terms and conditions. As a result, Studapart invites the Tenants to peruse Stripe’s General Terms and Conditions which are available at the following address: www.Stripe.com/fr/legal. The Tenants shall be responsible for verifying the adequacy between the services and their needs.
The transactions carried out via such services are secured by using a SLL encryption process, in order to strengthen all scrambling and encryption processes to allow better protection of any and all Personal Data associated with such payment method.
All bank details are directly transmitted to the secure payment service provider. Studapart shall never access any confidential information with respect to the Tenants’ payment methods.
ARTICLE 7: Electronic signature
When using the Platform, the Tenant and/or his/her guarantor may use the electronic signature functionality.
Each Tenant warrants having all the authorizations that may be required to use the electronic signature chosen.
Electronic signature uses a reliable identification process by using a certificate which guarantees its link with other electronic data it is attached to.
All services in connection with the implementation of an electronic signature system, including authentication and Tenants’ identity management services are provided by Docusign, an authorized partner specialized in such services.
The use of electronic signature functionalities shall be deemed as an unreserved acceptance of Docusign’s general terms and conditions. As a result, Studapart invites the Tenants to peruse Docusign’s General Terms and Conditions which are available at the following address: https://www.docusign.com/company/terms-and-conditions/msa. The Tenants shall be responsible for verifying the adequacy between the services and their needs.
The signatures carried out through such functionalities are secured by using a SLL encryption process, in order to strengthen all scrambling and encryption processes to allow better protection of any and all Personal Data associated with the electronic signature.
The Tenants acknowledge that the electronic signature process of an electronic document necessarily requires an asynchronous operating mode whereby one of the signatories signs before the other. As a consequence, Tenants expressly agree that the first signature of an electronic document shall not be deemed as an offer or a unilateral undertaking issued by the first signatory who affixed his/her electronic signature to the electronic document.
If a date of signature of the electronic document is required, the Tenants agree that such date shall be the date mentioned in such electronic document by the signatory(ies). If there is no date set out in such electronic document, the Tenants agree that the date of signature shall be the date of the electronic document’s online release, by its last signatory, as such date appears in the Platform’s computer records.
ARTICLE 8: Obligations
When using the Platform, the Tenants undertake to comply with any and all applicable laws and regulations and not to infringe any third-party’s right or public policy. The Tenants are sole responsible for the content uploaded. Under no circumstances shall Studapart be held liable in this respect.
For this purpose, the Tenant undertakes not to:
- Post or upload any content which may be deemed obscene, pornographic, indecent or to violate or offend human dignity;
- Publish any coarse or offensive content, message or information or any content, message or information promoting any activity punishable by any applicable laws or regulations;
- Publish any content infringing any third-party’s right.
Moreover, the Tenant also undertakes not to provide:
- False or incorrect information ;
- Any sensitive information of racial or ethnic origin or relating to political, philosophical or religious views, trade union affiliations, sex life or health or which is contrary to either public policy or accepted principles of morality.
In the event of breach or infringement of such rules due to the transmission of any of the above-mentioned information, Studapart reserves the right to remove the content in question without prior notice and to delete, where applicable, the Tenant’s Personal Account.
The Tenant shall ensure that any and all information provided on the Platform remain accurate and undertakes not to create or use on the Platform, without authorization, other accounts under his own and/or a third-party’s identity, it being recalled that identity theft gives rise to prosecution and penal sanctions and that any breach of this undertaking shall give rise to the immediate suspension, without prior notice, of the Tenant’s account.
Furthermore, the Tenant also undertakes not to:
- infringe when posting any protected rights, including human rights and the rights set out in the French Civil Code and the French Intellectual Property Code (copyright, related rights, trademark, patent, right to one's image etc.),
- post any false information,
- use or provide contents which may:
- cause third-party harassment or encourage third-parties to commit an act of harassment,
- incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals,
- represent pornographic or pedophilic scenes, or any other material which is offensive or contains a link to websites for adult only,
- apply for funds in order to finance illegal activities,
- give phone/Fax numbers, street addresses, names, mailing or electronic addresses
- represent or advocate illegal activities or defamatory, offensive, obscene, threatening or libelous behaviors or false or misleading information,
- offer an unlawful or unauthorized copy of works which are protected by copyrights, patents or trademarks,
- create, cause or promote the transmission of emails, chain emails, unsolicited mass mailings, instant messages, unsolicited advertising or mails,
- promote or encourage any criminal activity or enterprise, or any enterprise giving guidance or instructions on the ways of promoting illegal activities, privacy infringement, computer virus dissemination or creation,
- request passwords or any personal data to the Tenants, Professionals or Landlords for unlawful commercial purposes,
- involve commercial and/or selling activities such as contests, sweepstakes, exchanges, advertisements and pyramids without Studapart’s prior and written consent,
- distribute, reproduce, post or modify in any manner any material protected by copyrights, registered trademarks or any property right owned by third-parties without their prior consent.
ARTICLE 9: Liability
The Tenants are sole responsible for their use of the Platform and for any direct or indirect consequences of such use. The Tenants shall use the Platform in accordance with any applicable laws and regulations and French Data Protection Authority’s (“Commission Nationale de l'Informatique et des Libertés” or “C.N.I.L.”) recommendations. Studapart shall not be responsible for the Tenant’s choices.
Under no circumstances shall Studapart, its subsidiaries or affiliates, or any of their respective employees, officers, directors, agents, distributors, partners, third-party content suppliers or licensors, or any of their officers, directors, employees or agents, be held liable for any consequential, incidental, special, indirect or punitive damages arising from or with respect to:
- the use of thePlatform or the services
- the inability to usethe Platform or the services
- the amendment orremoval of any content transmitted via the services
Under no circumstances shall Studapart’s liability in connection with the services exceed the amount of the sums received by Studapart. The Tenant agrees that any claim arising from or with respect to the Platform or the services shall be submitted within a period of one (1) year from the date of the event giving rise to such claim. Failure to observe such time-limit will result in the final loss of rights regarding such claim. In certain countries, the duration of an implied warranty cannot be limited. As a result, all or part of the above-mentioned time-limit shall not be applicable in such circumstances.
Furthermore, Studapart shall not be responsible for any failure, inability to access or malfunction of any services provided by the Tenants’ Internet service provider or with respect to the Internet. The same shall apply for any other reasons external to Studapart. Indeed, Studapart endeavors to prevent any malicious use of the Platform but under no circumstances shall Studapart be responsible for any damages arising from the transmission of a virus or any other material which may infect any equipment and computer program.
Any agreement is entered into directly between the Tenant and the Landlords and/or Professionals, and Studapart shall not be a party to such agreement. Therefore, the Tenant acknowledges that any claim related to any agreement implementation shall not be directly submitted to Studapart.
The Tenant shall not be entitled to transfer or sublease his/her accommodation, without the prior and written consent of the Landlord or the Professional.
ARTICLE 10: Cancellation terms
When using the Platform, the Tenant shall be entitled to book and pay for an accommodation online. The Tenants shall be entitled to cancel such Booking according to the cancellation terms below.
(i) Right of withdrawal
According to the provisions of article L221-28 of the French Consumer Code « The right of withdrawal cannot be exercised in respect of the following: 1° Contracts for services entirely performed before the end of the withdrawal period and whose performance began, with the consumer’s prior express consent and express waiver of his right of withdrawal; […]3° Contracts for accommodation services, other than residential accommodation, goods transporting services, car rentals services, catering services or leisure activities to be provided on either a fixed date or period.”
Under such circumstances, the Tenant shall have no right of withdrawal regarding the bookings for accommodation made via the Platform as well as the agreements entered into with all Professionals.
(ii) Booking Cancellation
The Tenant residence will apply their cancellation policies if the accommodation is booked with a Tenant residence on the platform.
Studapart will apply the following cancellation policy if the accommodation is booked with a landlord on the platform:
Cancellation for force majeure:
- more than 30 days before the entry date indicated on the platform: you are fully refunded.
- less than 30 days before the entry date indicated on the platform: you are fully refunded.
- after the entry date indicated on the platform: you are refunded for the booking fees and Studapart Guarantee.
Cancellation without force majeure:
- more than 30 days before the entry date indicated on the platform: you are refunded of the first month rent and Studapart Guarantee only.
- less than 30 days before the entry date indicated on the platform: you are refunded of the Studapart Guarantee only.
after the entry date indicated on the platform: you are not refunded.
What is a force majeure:
- unsanitary accommodation
- accommodation not in accordance with the ad
- owner did not respond until 5 days or less before the tenant arrival
- uninhabitable accommodation due to an external event (natural disaster, water damages, etc.)
accommodation is not available because the landlord overbooked
- accommodation is not available because the landlord decided to keep the apartment for personal reasons
- accommodation is not available because of an improper use of the platform
- owner do not respect the legal rental procedures
A visa refusal or non admission at the school is NOT a case of force majeure.
ARTICLE 11: Intellectual property rights
« Studapart » is a trademark registered with the French Institut National de la Propriété Industrielle.
Studapart is the exclusive owner of any and all intellectual property rights in the Platform, including any and all texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as any databases produced by Studapart.
All the above-mentioned intellectual creations are protected throughout the world by copyright, patent right, the sui generis right for the protection of databases and the right to one's image.
Within this framework and according to the provisions of the French Intellectual Property Code, the use of the platform is restricted to private use only, subject to specific and more restrictive provisions of such Code.
Any other form of use of the Platform without Studapart’s prior consent shall constitute an infringement punishable under the Intellectual Property laws.
Any form of copy, in whole or in part, aspiration and reproduction of the database produced and operated by Studapart on the Platform without its prior and written consent is expressly prohibited.
As a consequence, the Tenant represents that:
The publication and use of such content on or through the Platform will not infringe, misappropriate or violate any third-party’s rights, including, but not limited to, the rights to private life, the rights of publicity, copyrights, trademarks and any other intellectual property rights; and
He/she agrees to pay all the royalties, copyrights and any other sums incurred in relation to the content published on or through the Platform.
ARTICLE 12: Protection of personal data and confidentiality
When logging in for the first time, the Tenant expressly agrees to the processing of his/her Personal Data, to the extent of what is strictly necessary for ensuring the proper functioning of the Platform.
Studapart shall implement any and all necessary technical and organizational measures in order to ensure Personal Data protection, both from service design and by default. Studapart undertakes to restrict from the outset the quantity of Personal Data processed.
The Tenant must ensure that any third-party concerned has been notified of such use, process and transfer, and that such third-party gave his/her consent for this purpose, as required by all applicable laws on personal data protection.
If Studapart finds a breach of rights in the course of Personal Data processing, such breach shall be notified to the C.N.I.L. within a period of time which shall not exceed seventy-two (72) hours following the date on which such breach became known.
Any breach arising from the processing of the Tenant’s Personal Data shall be notified to such Tenant by email, within one (1) month.
Each party undertakes to take any relevant technical and organizational measures against any unauthorized or unlawful processing, loss, destruction of or accidental damage to Personal Data.
In accordance with French law n° 78-17 of January 6, 1978 relating to data processing, data files and personal right, the processing of personally identifiable information collected on the Platform is subject to a declaration with the C.N.I.L. under the number n°1836642v0.
12.1 Use and transmission of Personal Data
For the purpose of ensuring the functioning of the Platform, Studapart shall carry out the necessary processing of Personal Data. Any processed data shall be directly transmitted according to the following terms and for the following purposes:
- Creation of an account;
- Publication and sharing of content;
- Platforms’ audience statistics.
The provision of the Personal Data collected for this purpose is required for the confirmation and validation of the Studapart account. Failure to provide such Persona Data shall prevent the provision of the services.
Furthermore, Studapart may use the above-mentioned data in order to process the Tenant’s requests, to strengthen and personalize his/her communication, including by letters/ notification electronic mail, and to personalize the Platform according to the Tenants’ preferences. Studapart may also provide its partners with anonymized and consolidated statistics on the Tenants. However, such statistics shall not contain any personal data.
These data may be transmitted to technical service providers, for the sole purpose of ensuring the proper provision of the services, or to various suppliers such as payment service providers. The Tenant accepts that Studapart shares his/her information in order to facilitate the use of the Platform.
All Personal Data provided by the Tenant shall be destroyed no later than six (6) months following the account’s deletion. Studapart reserves the right to retain certain data to demonstrate, if necessary, the performance of its contractual or legal obligations. Any data thus retained shall be limited to what is strictly necessary.
12.2 Rights of access, rectification, portability, erasure and to object
Under any circumstances, the Tenant shall have the right of access, rectification, portability erasure and to object with respect to his/her Personal Data, by writing at the following address:
email@example.com by entering his/her full name, email and address.
According to applicable laws and regulations, any request must be signed and accompanied by a photocopy of an identity document signed by the tenant and must indicate the address to which the response should be sent. A response shall be provided within two (2) months following the request’s receipt.
The Tenant shall be entitled to recover his/her Personal Data in an open and legible format. The right of portability is limited to the data provided by the Tenant in question. Such right shall apply subject to the Tenant’s prior consent. Studapart undertakes to provide, upon request and within one (1) month, any document gathering the Tenant’s Personal Data, for the purpose of implementing the right of portability. Any and all costs in connection with such data recovery shall be incurred by the requesting Tenant.
All Personal Data provided by the Tenant shall be destroyed no later than six (6) months following the account’s deletion. Studapart reserves the right to retain certain data to demonstrate, if necessary, the performance of its contractual or legal obligations. Any data thus retained shall be limited to what is strictly necessary
12.3 Studapart Newsletters
Depending on the choices made by him/her, the Tenant may receive the Studapart newsletter.
By expressly giving his/her consent for this purpose, the Tenant accepts that Studapart send to him/her a newsletter that may contain information concerning any new activities offered by Studapart’s partners. The Tenants shall be entitled to unsubscribe from such newsletter by clicking on the link provided for this purpose in each newsletter.
In accordance with the C.N.I.L.’s decision number 2013-378 of December 5, 2013, Studapart informs the Tenants that cookies save a certain piece of information stored on their hard disk. Such information is used to create audience statistics with regards to the Platform and to offer services consistent with the services selected by the Tenants during their previous visits. A warning message, in the form of a banner, shall ask beforehand each person visiting the Platform, if he/she wishes to accept cookies. These cookies shall not contain any Tenant’s Personal Data.
The Tenant visiting the Platform’s home page or any other page of the Platform directly via a search engine shall be notified of:
- The specific purposes of the cookies used;
- The right to object to the use of such cookies and to change settings by clicking on the link provided in the banner;
- The fact that further navigation shall be deemed to constitute acceptance for the placing of cookies on his/her terminal equipment.
For the purpose of guaranteeing a free, informed and unambiguous consent of the Tenants visiting the Platform, the aforementioned banner shall remain as long as the Tenant stops browsing.
Unless previously agreed upon, cookies shall not be placed or read in the following situations:
- If the Tenant visiting the Platform (home page or directly another page of the website via a search engine for example) stops browsing: no action shall not be deemed to be expression of willingness;
- If the Tenant clicks on the link provided in the banner which allows him/her to set cookies and, where applicable, disables cookies.
ARTICLE 13: Technical provisions
The services are provided on an “as is” and “as available” basis. Studapart shall not warrant an error-free, secure and uninterrupted provision of the services offered via the Platform.
Studapart shall be under no personalized assistance obligation, including technical support. Studapart disclaims all warranties, whether express or implied, including warranties with respect to the Platform’s performance and fitness for the Tenants’ use.
Studapart shall not guarantee any result or profit in the course of the use made of the services offered through the Platform.
Studapart shall not warrant that any information or data on the Internet are protected against such attacks or misappropriations.
Article 14: Security
14.1 General dispositions
The Tenant undertakes to take all reasonable precautions to preserve the confidentiality of his/her username and password allowing access to the Platform. Within this framework, the Tenant undertakes, inter alia:
- Not to write, under any circumstances, his/her username or password down anywhere, including in coded form;
- To systematically use his/her username and password out of indiscrete eyes and ears;
- To not enter his/her username and password in front of third-parties.
Furthermore, Studapart strongly recommends that the Tenant changes, from time to time, the password required to access the Platform, by signing in to his/her account and then clicking on “my account” tab, “my password” tab and then “edit” tab.
When modifying his/her password, the Tenant shall ensure that the password will not contain easily identifiable combinations such as, for example, his/her surname, forename, date of birth or the surname, forename, date of birth of someone close to him/her (spouse, child, etc.) or a password already used for other purposes (including personal messaging, etc.).
In particular, the tenant must choose a password of sufficient length and combining, wherever possible, letters, numbers, as well as lowercase and uppercase characters.
Studapart may, at its sole discretion, set an expiration date with respect to the Tenant’s password, after which the Tenant shall not be able to access the Platform and the services without a prior modification of his/her password.
The Tenant also undertakes not to store his/her username and password on his/her computer, smartphone and/or digital tablet, or to send such username and password through unsecured transmission channels such as email or SMS.
Furthermore, the Tenant shall be responsible for the deletion of information stored on his/her computer, smartphone and/or digital tablet after the use of payment services, including the deletion of browsing history, cookies and data stored in the cache.
The Tenant shall take all necessary measures to ensure that the technical characteristics of his/her computer, smartphone or digital tablet, as well as their software and Internet subscription, enable him/her to safely access the Platform.
The Tenant shall be fully responsible for the proper functioning of his/her computer equipment and Internet connection. Within this framework, the Tenant shall ensure the absence of problem or virus as well as the sufficient safety of such equipment in order to prevent a third-party from obtaining access to his/her account and to the data contained in such area.
The Tenant shall make every effort to preserve the above-mentioned security. For this purpose, the Tenant shall ensure that there is no risk that hostile programs or viruses access and disrupt Studapart’s computer systems. In particular, the Tenant shall ensure the security of his/her computer, smartphone and digital tablet by using and regularly updating anti-virus and anti-spyware software, as well as a personal firewall.
The Tenant shall assume any and all technical risks, including those related to a power failure, connection breakdown, malfunction or overloaded networks or systems.
The Tenant acknowledges that he must contact the Internet service provider of his/her choice in order to access the Internet, the Platform and the services. Within this framework, the Tenant acknowledges that he/she shall choose his/her Internet service provider and lay down with him the terms and conditions of their relationship.
Studapart shall not be responsible for the risks relating to Internet access and remote data transmission by or to the Tenant, including in the event of a dispute between the Tenant and such Internet service provider in connection with the confidential/personal nature of the transmitted data, cost of transmission, maintenance or with phone line and network outages.
The Tenant shall use the services according to the technical requirements in compliance with the safety instructions given by Studapart.
Under normal conditions, the services are accessible through the Platform.
The Tenant shall sign in to the Platform for a limited period of time and undertakes to sign out as soon as he/she has ceased his/her use of the services. Signing out from the Platform is not automatic, as a result, once connected, the Tenant shall remain connected to the Platform until he/she signs out by clicking on the sign out indication provided on the Site.
Studapart reserves the right to:
- Delete or remove any content or information that Studapart deems inappropriate;
- Where applicable, notify to, cooperate with and provide any competent authorities with any useful information for the purpose of investigating and prosecuting illegal or unlawful activities, according to applicable laws and regulations.
14.2 Changes in and term of the service
The Tenant may unsubscribe from the Platform at any time by sending a request to Studapart for this purpose, by electronic means only. Studapart shall then send to the Tenant, by electronic means, a confirmation of the Tenant’s unsubscribing from the services. Such unsubscribing shall take effect from the date of Studapart’s confirmation.
Studapart reserves the right to modify or to cease offering at any time all or part of the services, at its sole discretion. The Tenant shall be notified of such amendments and/or termination by any appropriate means, within fifteen (15) days.
The termination of the services, for any reason, shall result in the deletion of the Tenant’s account. From that date, the Tenant shall no longer be able to access his/her account.
ARTICLE 15. Force majeure
Any event beyond the reasonable control of Studapart and that Studapart could not reasonably make provision for, shall constitute a force majeure event and shall suspend within this framework the parties’ obligations, including, but not limited to, any strike, technical breakdown (edf, erdf, telecommunications operators, Internet service providers, hosting providers, Registrars etc.), stop of energy supply (such as electricity), failure of the electronic communication network and/or substituted networks upon which Studapart depends.
Pursuant to articles 1316 et seq. of the French Civil Code and, where applicable, article L.110-3 of the French Commercial Code, the parties represent that any information provided by electronic mail shall prevail between them, provided that no written document authenticated and signed inter partes and negating such computerized information is produced.
Elements such as the dates of transmission and reception, as well as the quality of the data received, shall prevail as a priority, as they appear in Studapart’s information systems or as authenticated by Studapart’s computerized procedures, unless written evidence to the contrary is provided by the Tenants.
ARTICLE 16: Entire agreement
ARTICLE 17: No waiver
The failure by a party hereto to enforce any clause, either permanently or temporarily, shall not be deemed, under any circumstances, to be a waiver of such party’s rights arising from such clause.
ARTICLE 18: Invalidity
If applicable, Studapart undertakes to remove and immediately replace such clause by a legally valid clause.
ARTICLE 19: Headings
In the event of difficulty in interpretation arising between a heading and a chapter of any article or clause, the headings shall be deemed to be non-existent.
ARTICLE 20: Jurisdiction - Governing law
In the event of a dispute between a Tenant and Studapart, the parties agree to negotiate in good faith the settlement of such dispute. If the parties fail to settle the dispute within thirty (30) business days of negotiation, the dispute shall be submitted to the exclusive jurisdiction of the Courts of Paris.