Premium Membership Terms of Sale & Conditions

Bestrade Community
April 4, 2018

These general terms of sale (hereafter “the General Terms of Sale” or ”the Terms of Sale”) govern the relationship between:
S-TRADE, a simplified stock company with a capital of 31,250 Euros, registered with the Besançon Trade and Companies Register under number 813 398 799, whose registered offices are located at 12 rue des Tilleuls, 25170 Emagny, France, represented by its legal representative domiciled in such capacity at the said registered office and operating the website www.bestrade.co (hereinafter the "Site" or "Bestrade"),
Hereinafter referred to as "S-TRADE",
AND
The Member who has subscribed for one of the paying services offered by S-TRADE under the terms and conditions stipulated below,
Hereinafter called, jointly or singly, “the Subscribers” or “the Subscriber.”

Preamble

S-TRADE operates an Internet platform accessible at the www.bestrade.co address, through available technologies, and particularly through the use of a computer or mobile terminal, allowing Members to create and publish online, under certain conditions, their professional profiles, specifically to access the event community network, identify new events for their business and use tools and services provided on the Site to improve their event selection.

The Members have registered on the Site and by doing so, accepted the Terms of Use of the said Site which now form a Contract between S-TRADE and the Member, giving the Member access to the free features on the said Site under the stipulated conditions.
The Member has chosen to subscribe to a Premium Business membership that S-TRADE provides in return for payment and therefore accepts these Terms & Conditions when purchasing a subscription (hereafter referred to as “Membership”).

The Subscriber acknowledges these Terms of Sale and agrees to comply with them without reservation when taking out a subscription.
If the Member refuses to comply with any of the obligations and conditions in these Terms of Sale, he or she is invited not to purchase a subscription.
These Terms of Sale are a contract within the meaning of the Terms of Use of the web site www.bestrade.co and form an integral part of the contract concluded between the Member and S-TRADE constituted of the said Terms of Use and the Contractual Documents.

Article 1 – Premium Subscription Description

1.1 – Premium Membership Description

Membership gives Subscribers access to features described on the “Membership & Invoices” subscription page.

1.2. – Premium Business

Subscribers who reside in metropolitan France and who have purchased a subscription of 1- or 12-month from 04 April 2018 (hereinafter the "Eligible Subscriber(s)"), have access to the advanced tools and services provided on the Bestrade website (hereinafter the "Premium Business") throughout the duration of their Subscription.

Provided that the Subscriber who uses his or her right of withdrawal within 14 days after subscribing to a 1- or 12-month subscription, will not be able to benefit from the services of the Premium Business.

Premium Business allows Eligible Subscribers to benefit from various tools and services provided by S-TRADE. The description of services is available on the dedicated page accessible by clicking here.

The Premium Business services or their modalities may be modified at any time by S-TRADE unilaterally and without the Eligible Subscribers being able to avail themselves of any prejudice.

This is a strictly personal, non-renewable offer limited to one user per service, subject to activation of the said service(s) during the duration of the Premium Business Subscription. The services available through the Premium Business subscription are not exchangeable or refundable and can not be transferred to a third party.

The services in the Premium Business subscription are directly subject to the general terms and conditions of S-TRADE. Consequently, S-TRADE cannot be held liable for any question, complaint and/or any prejudice related to the use of Premium Business services.

Article 2 – Membership Subscription

To purchase a Membership Subscription, Members must visit the Bestrade website, open the subscription page by clicking on the Become Premium tab located at the top right of the Site, then choose the Premium Business category.

The Subscriber needs to complete the Subscription Form which is accessible online (hereinafter called ”the Subscription Form”). By completing the Subscription Form, the Subscriber confirms that he or she has read these Terms of Sale and agrees to abide by them unreservedly. The terms can be consulted at any time on the Site.

Subscription is activated upon receipt of payment by S-TRADE.

Article 3 – Membership Duration & Modification

Members who purchase a Membership agree to abide by the Terms & Conditions hereof, for the duration specified in the corresponding Subscription Form.
At the end of the initial term of Membership, the Membership will be automatically renewed for the duration specified in the initial Membership agreement unless the Subscriber decides otherwise and completes the following steps.
Subscribers may terminate at any time the Membership to which they have subscribed by following the procedure described hereunder.

  • Go to the Site and log in to his/her account using his/her email address and password.
  • Mouse-over his/her name in the upper right-hand corner, then click on “Subscription & Billing.”
  • Then click on "Cancel Subscription" shown in red in the Subscription section and confirm.

The request to unsubscribe from a Membership will be taken into consideration and made effective upon the anniversary date of the Contract, defined as the date of expiration of the term determined in the subscription page, if the request is received by S-TRADE no later than 24 hours before this anniversary date. Failing this, the Contract will be tacitly renewed for a term equivalent to its previous length.

Legal provisions, from the French Consumption Code, regarding tacit renewal:

Article L215-1
In case of contracts for provision of services concluded for a fixed period with a tacit renewal clause, the service provider shall inform the consumer in writing, by letter or e-mail, at the earliest three months and at the latest one month before the end of the period allowed for the cancellation of the renewal, of the option to not renew the contract which include a clause of tacit renewal. This information, delivered in clear and understandable terms, shall mention, in a clearly labeled location, the deadline for the non-renewal option.
If this information has not been sent to the Member, in accordance with the provisions of the first subparagraph, the Member may terminate the contract free of charge at any time from the date of renewal.
Payments made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion from the initial fixed-term contract, shall be reimbursed within 30 days of the date of termination, after deducting the sums corresponding, until that date, to the execution of the contract.
The provisions of this Article shall apply without prejudicing other provisions that legally subject certain contracts to particular rules regarding the consumer’s information.

Article L215-2
The provisions in this Chapter shall not apply to operators of drinking water and sanitation services.

Article L215-3
The provisions in this Chapter shall also apply to contracts concluded between businesses and individuals.

Article L241-3
When a business user is late in paying his/her subscription, under the conditions laid down in Article L. 215-1, the sums due shall bear interest at the legal rate.

Article 4 – Price, Billing Terms and Payment Delay or Default

4.1. - Price and Membership Payment Options

S-TRADE offers various subscription plans based on the duration of the subscription.

The rates for the various Subscription plans are available online on the Subscriptions page (i.e., the Subscription Form). S-TRADE reserves the right to change its rates at any time. It is understood that Subscriptions in progress shall not be impacted by the changes in the fee schedule.

The rates, which are listed monthly in totality for information only, are billed in a single payment at the time of the Subscription purchase.
Note that S-TRADE does not keep subscribers' bank account details.

At the time of the tacit renewal, withdrawal is made directly on the anniversary date of the Subscription from the bank account used for the initial Subscription.

4.2. – Billing

Membership is billed the day of Subscription. To view his/her billing information, Subscriber can simply mouse over his/her profile name, click on "Subscription & Billing" and then go to the Invoices section.

4.3. – Payment Delay or Default

The Subscriber will be sent an email notification for any delay or default in paying the Membership, informing him or her that they have eight (8) days to correct their situation. Access to the corresponding features for the Membership may be suspended during this period.

If all sums are not paid within this deadline, the Contract shall be terminated ipso jure by S-TRADE without any formal documentation or any damages owed to the Subscriber.

Article 5 - Right of Withdrawal

Subscribers who reside in a country of the European Union have 14 days to withdraw from the Membership Subscription, without having to give any reason for their withdrawal. Beyond this period, the Subscribers will not be able to cancel their Subscription.

To exercise their right of withdrawal, Subscribers must notify S-TRADE – 12 rue des tilleuls 25170 Emagny of their decision to withdraw from their contract by clear written statement sent by mail to the address indicated above or by email by clicking on the Support Center link.

In order for the withdrawal period to be effective, Subscribers must inform S-TRADE of their intention to withdraw before the expiry of the withdrawal period.
Subscribers will be refunded the amount paid within a maximum of 14 days from receipt of their request to withdraw.

Article 6 - Subscriber Obligations

S-TRADE pays particular attention to the quality of service offered to Bestrade users. In this respect, Subscribers are urged to conduct themselves reasonably and responsibly when using their Membership and particularly by personalizing each message sent in order to share their event experiences and develop valuable relationships.

In case of breach of one or several of these rules by the Subscriber, S-TRADE reserves the right to suspend and/or terminate the Contract, to block the account of the involved Subscriber, to automatically delete unacceptable messages, to block the publication of all or part of the Subscriber’s profile, and/or block his/her access to all or part of the Service, whether temporarily or indefinitely, without any compensation.

Article 7 – Modifications to General Terms of Sale

The current General Terms of Sale may be modified by S-TRADE at any time and without prior notice. The Subscriber is therefore invited to regularly consult the latest updated version, which is freely available and permanently accessible from the home page of the Site, by clicking on the “Legal” link.

Modified General Terms of Sale come into force from the moment they are published online and are legally applicable from that time to all new Subscriptions.

Article 8 – Applicable Law - Assignment of Jurisdiction

The termination, interpretation, and validity of these General Terms of Sale and of the Contract are governed by French laws. In the event of any discrepancy in their interpretation, the French version shall prevail over any other version in any other language. Subject to the applicable common law provisions regarding the assignment of jurisdiction, the courts assigned to the S-TRADE ’s headquarters’ location shall have sole jurisdiction regarding any dispute related to this Contract including, but not limited to, any dispute regarding its validity, interpretation, execution and/or termination, and the consequences thereof.