Studapart (hereinafter referred to as “Studapart”) is a simplified joint-stock company with a capital of 16,509.00 euros, whose registered office is located at 31 bis, rue de Bellevue – 95520 Osny, registered in the Trade and Pontoise companies under number 790 562 813.

Studapart's activity is publishing, development and provision of web and/or mobile platforms allowing universities or schools to provide their students with a personalized and efficient tool dedicated to finding student accommodation near their campuses and universities. Studapart also publishes the studapart.com website.

In particular, the platform allows property Landlords to advertise their accommodation.

These General Terms of Use (hereinafter referred to as the “Terms of Use”) define the legal framework for the use of the Platforms published by Studapart (hereinafter “Studapart”), by accommodation Landlords. These Terms of Use also contain information relating to the rights and the restrictions imposed on these rights by laws or regulations.

It is possible to contact Studapart by email at contact@studapart.com.

ARTICLE 1: Definitions

In the General Terms of Use, words or expressions beginning with a capital letter have the following meaning:

ARTICLE 2: Purpose and scope

Studapart is the first linking platform allowing rental candidates to quickly and easily find accommodation with Landlords who have published an Ad.

By using the Platform, the Landlord formally and unreservedly declares to accept these Terms of Use. The Landlord declares and acknowledges, therefore, having read and understood the provisions of these Terms of Use. At any time, if the Landlord disagrees with one of the clauses of the Terms of Use, he must immediately terminate the use of the Platform and the associated services.

These Terms of Use are available at any time by clicking on a direct link located at the bottom of each page of the Platform.

The Landlord's Space is not intended for real estate agencies, property managers, management companies, and student residences. The Terms of Use do not apply to agencies and residences with a dedicated space subject to separate terms of use. The Terms of Use are not applicable to Tenants (see Terms of Use Tenants).

ARTICLE 3: Entry into force – duration

These Terms of Use are applicable throughout the duration of navigation and access to the Platform. The Landlord is free to close his account at any time and is not bound by any long-term commitment vis-à-vis Studapart.

Studapart reserves the right to amend at any time these Terms of Use by indicating their date of update in the header.

Any modification will take effect upon their acceptance. By continuing to use or access the Plateform after the date on which the updated Terms of Use take effect, the Landlord agrees to be notified of updated Terms of Use by their publication on the Platform or any other form of notification.

The update of the Terms of Use resulting in changes to the duration, characteristics or price of the services provided on the Platform will be notified to the Landlord and subject to his acceptance. In the event of refusal of the updated Terms of Use, the Landlord may terminate his account free of charge, which will result in the delisting of his Ads and his profile.

In other cases, by continuing to use the Platform or by accessing it after the effective date of the updated Terms of Use, the Landlord declares to have read the updates and accepts all the amendments made thereto. The latest accepted version of the Terms of Use available online on the Platform will prevail, where applicable, over any other version of the Terms of Use.

ARTICLE 4: Creation of a Studapart account

In order to access all of the Platform’s features, the Landlord must create an account. The browsing on the Platform and the access to information displayed on the Platform require being registered on the Platform.

In order to access all of the Platform’s features, the Landlord shall, when registering for an account, tick the following boxes: “I give my consent to the collection and processing of my personal data” and “I unreservedly accept the Terms of Use of Studapart services”.

When registering for an account, the Landlord must provide the following information:

Following the validation of the Studapart account, the Landlord shall receive a confirmation email. The Landlord shall then be able to access his/her account’s features and provide Studapart with information allowing Studapart to post its Advertisements.

Studapart may request information in order to verify the Landlord’s identity. By accepting these Terms of Use, The Landlord agrees to provide any information requested. Failure to do so will result in the inability to access the services.

By registering as a Landlord and accepting the Terms of Use, the user confirms that he is not acting for a real estate agency or a residence, which are professionals subject to specific conditions. Failure to comply with this condition constitutes a violation of the Terms of Use.

Compliance with the use of the Platform

In the event of a Booking request or any other contact from a Tenant via the Platform concerning the rental of the property that is the subject of its Advertisements, the Landlord undertakes to finalize the Booking exclusively via the Platform. Given the free booking service offered, it is expressly prohibited to exclude the use of the Platform to conclude any agreement with the Tenant for the rental of an advertised property. This is an essential and ethical obligation to the service we provide.

Studapart may automatically prevent in the exchange tools between Tenants and Landlords the possibility of providing email addresses and telephone numbers in order to make a booking outside the Platform. The Landlord expressly accepts that electronic messaging tools can automatically detect certain keywords and that correspondence does not have the character of private correspondence, Studapart reserving the right to access it to check compliance with the service.

Studapart assumes that the Landlord is in control of the booking. The Landlord put in contact through Studapart with one or more tenants and who makes the booking outside of Studapart, receives an invoice corresponding to the Booking Fees and equivalent to those that the Tenant(s) had to pay to Studapart.

The Landlord's account is suspended by Studapart until the Landlord has paid the Booking Fees. In the event of non-payment 10 days after Studapart sends the invoice to the Landlord, Studapart mandates its legal adviser to initiate a recovery procedure vis-à-vis the Landlord.

ARTICLE 5: Services

General information

Creating a Studapart account allows Landlords to access certain features available on the Platform. These features allow Landlords to:

Landlords with a Studapart account have the option of posting their Advertisements directly online. Studapart provides Landlords with a specific page dedicated to posting Advertisements.

Studaboost: an optional paid feature

Studaboost is a paid and optional feature offered by Studapart to private owners and real estate professionals. This option aims to increase the visibility of a listing, thus facilitating a quick rental of the property.

By subscribing to Studaboost, Owners and Real Estate Professionals benefit from the following advantage: improved visibility. By opting for Studaboost, the listing on which the paid option has been activated will be highlighted, significantly increasing its visibility to potential tenants across all communication channels, including emails, multi-distribution portals, and Studapart's search pages.

The use of Studaboost is subject to the following conditions:

ARTICLE 6: Submission of Advertisements

The creation of a Studapart account allows Landlords to post housing Advertisements.

General informations

The Landlord must indicate:

(i) Full accommodation: the Landlord makes the entire accommodation available to the Tenant.

(ii) Room in shared apartment: the Landlord provides the Tenant with a room in shared accommodation.

(iii) Room in a private home: the Landlord provides the Tenant with a room in his own accommodation.

(iv) Housing for services: the Landlord makes his accommodation available at a preferential rent, in exchange for services provided by the Tenant;

(i) The carrying capacity;

(ii) The number of rooms and bedrooms in the case of an entire dwelling;

(iii) The number of bathrooms;

(iv) The total area in m2 Carrez;

(v) The private area made available in the event of shared accommodation or homestays.

(vi) The floor in the case of an apartment and the number of floors in the building;

Detail

The Landlord must indicate:

The Landlord can indicate:

Rental conditions

The Landlord must indicate:

The Landlord can indicate:

Photos

The Landlord can upload photographs of the accommodation and publish his Advertisement. He guarantees that these photographs actually correspond to the advertised accommodation.

Advertisement Reach - Multicast

The Advertisement is published on the Platform with Tenants (reservation.studapart.com) and may be published on third-party platforms under the conditions below. The Landlord can inquire at any time about the scope of its Advertisement in its Landlord Space (broadcast manager).

Unless opposed by him before the validation of his Advertisement or later from his Landlord Space, the Advertisement created may be broadcast on third-party partner sites of Studapart. These partners can be third-party platforms or even the platforms of partner establishments, universities and schools.

Booking requests made on an offer distributed by Studapart on a third-party site are processed under the same conditions as requests made on the Platform, insofar as the Tenant must confirm that his profile and his request correspond to the rental conditions entered by the Landlord on the Platform.

The distribution of Advertisements on third-party sites in partnership with Studapart is not immediate or systematic. The mention "Broadcasted" in the Landlord Space does not therefore mean that the Landlord will be able to find the Advertisement created, directly online on a partner site. The least viewed Advertisments, i.e. Advertisements that have received few or no requests via the Platform, will by default be assigned priority multicasting over the Advertisements most viewed by Tenants.

Methods of referencing, classification and dereferencing of Advertisements

The classification criteria for Advertisements on the Platform's search engine are:

These last three criteria are the subject of an automatic evaluation materialized by a score between 1 and 10 of the Landlord, which he can inquire at any time on his Landlord Space.

The Advertisement is automatically dereferenced over a given period of availability, in the event of a Booking on the Platform of the property subject to it, over this same period. From his Landlord Space, the Landlord can activate or deactivate the referencing of an Advertisement, or configure this referencing according to a calendar.

In the event of violation of the rules for moderation of Advertisements or violation of any obligation of the Landlord to its contractual obligations provided for by the Terms of Use, legal or regulatory, the Advertisement may be subject to removal by Studapart.

ARTICLE 7: Moderation of advertisements

7.1 Distribution of Advertisements

As part of the dissemination of Advertisements, the Landlord undertakes:

The Landlord also refrains from transmitting:

The Landlord also guarantees:

*to cause harassment of third parties or to call upon third parties to engage in harassment,

*to incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals,

* to represent scenes of pornography, pedophilia, or any other shocking subject or containing a link with a Website reserved for adults,

* to represent or advocate illegal activities or behavior of a defamatory, abusive, obscene, threatening or libelous nature as well as false or misleading information,

* to use the Platform in accordance with the regulations in force for data protection and the recommendations of the C.N.I.L,

*to offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks,

*to instigate, provoke or encourage the transmission of e-mails, chain e-mails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail,

* to promote or encourage any criminal activity or enterprise or giving indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses,

*to solicit passwords or personal information from other Landlords for illegal commercial purposes,

*to involve commercial activities and/or sales such as competitions, sweepstakes, exchanges, advertisements and pyramids without the written consent of Studapart;

*to distribute, reproduce, publish or modify in any way the elements protected by copyright, registered trademarks or any property right belonging to third parties without their prior consent.

The Landlord must ensure that all the information communicated on the Platform remains correct and refrains from creating or using on the Platform, except with the agreement of Studapart, other landlord Spaces under his own identity and/or that of a third party, being reminded that any identity theft is liable to prosecution and criminal sanctions, that finally any violation of this commitment may result in the immediate suspension and without notice of the Landlord Space(s) created in violation of the Terms of Use.

7.2 Moderation of Advertisements

In the event of violation of the Platform's Terms of Use or any report of manifestly unlawful behavior using the Platform, Studapart reserves the right to modify or terminate the Landlord's access to the Platform at any time, the right to delete, without notice, compensation or the right to reimbursement, any Advertisement from a Landlord that does not comply with the Studapart Service distribution rules and/or that is likely to infringe the rights of a third party.

Studapart reserves the right to:

In the event of suspension of access to the account, the content that the Landlord has published and the information in his Space will no longer be accessible. The termination of access rights takes effect automatically on the date of its notification by Studapart to the Landlord by post (letter) or electronically (email). Studapart reserves the right to terminate access to the Platform without prior notification when authorized by law. Termination automatically and without prior notice leads to the deletion of the Landlord's account and its data.

Content deleted from the Platform may be retained by Studapart, in particular, but not limited to, in order to comply with certain legal obligations.

ARTICLE 8: Terms of payment

As part of the use of the Platform, the Landlord may receive amounts from online payment. As such, the Landlord undertakes to send Studapart, as part of the booking of his accommodation, his date of birth, his address, as well as an up-to-date bank account statement (RIB). Failing this, no Booking of the property appearing in the Advertisement may be made by a Tenant.

Studapart is in no way a banking institution or a payment service provider. All payment intermediary services, collection on behalf of third parties and creation and management of electronic purses are provided by the company Stripe, an approved partner specializing in these services. Studapart therefore invites Landlords to read their general conditions of sale available at https://stripe.com/fr/legal. It is up to the Landlords to verify the adequacy of the services to their needs.

Transactions carried out by the Stripe payment service provider are secured using an SSL encryption process in order to strengthen all scrambling and encryption processes by optimizing the protection of all Personal Data linked to this mean of payment.

Banking information is directly communicated to the secure payment provider. Studapart never has access to confidential information relating to means of payment.

For the Booking, only the first rent, the amount of which is freely set in the Advertisement by the Landlord, is paid by the Tenant via the Platform to the Stripe holding account in the Landlord's digital wallet. Within 48 hours following the start date of the rental contract provided for in the booking on the Platform, this amount is released in full for the benefit of the Landlord, to the bank details provided via the Platform.

This first rent can in no way be assimilated to a security deposit or Booking Fees, which it is the Landlord's responsibility to recover directly from the Tenant, outside the Platform. The Platform does not allow the following rents to be collected for the property reserved on the Platform.

ARTICLE 9: Unpaid Rent Guarantee

Studapart makes available to the Landlord the documentation relating to the unpaid rent guarantee in the Appendix hereto, which the Landlord acknowledges having read before any Booking. The Landlord is free not to subscribe to this guarantee as part of the Booking process, which is offered as an accessory, free and optional.

Each Landlord, by accepting any booking made by a Tenant registered as a student in a partner establishment of the platform, aged over 18 and having made a booking on the Platform but not having a guarantor established in France, will be take out free of charge an unpaid rent guarantee by Studapart if the Landlord has requested it.

The unpaid rent guarantee will be subscribed after acceptance by the Landlord of a booking of accommodation by a Tenant without guarantor established in France, directly on the Platform.

The Landlord is expressly informed that this warranty does not apply:

Studapart is subject to an exclusive relationship with the insurance broker INSURED Service, a simplified joint stock company with a capital of 300,000 euros, whose head office is located at 12 rue Saint Antoine du T 31000 Toulouse registered in the Trade and Companies Register of Toulouse under number 793 993 890 RCS Toulouse and in the Single Register of Intermediaries in Insurance, Banking and Finance under number 14000256 as an insurance or reinsurance broker (COA).

Studapart is in no way an insurance institution and all insurance and warranty services are provided by Allianz and Mila, an approved partner specializing in these services, and the broker, INSURED Services. Studapart therefore invites Landlords to read the documentation relating to the Allianz and Mila unpaid rent guarantee provided for in the information notice in the Appendix.

The role of Studapart is strictly limited to the transmission of this information notice and the payment of insurance contributions as subscriber for the Landlord. Once the Booking has been finalized, the confirmation email and all other legal information will be sent to the Landlord by INSURED Service (lesassures.fr) and not by Studapart.

Subject to the information provided in the information notice, Allianz and Mila notably guarantees the Landlord the reimbursement of:

The Landlord is solely responsible for compliance with its obligations as lessor and as insured under this guarantee for unpaid rent.

As such, the Landlord is notably informed and warned, subject to its own verifications and any possible changes in the law, that:

Any dispute or claim relating to the Studapart insurance intermediary mandate must be made to INSURED Service.

Studapart support is also available to Landlords for any questions at the following address: contact@studapart.com but Studapart cannot under any circumstances be held responsible for the settlement of claims or the application by INSURED Service or the insurer ALLIANZ and MILA of their obligations towards the Landlord. Studapart does not provide any guarantee as to the performance and quality of this offer compared to other offers on the market, on which it is the Landlord’s responsibility to inquire, being reminded that he is free to take out any type of insurance with a third party for the property reserved via the Platform.

If the response provided by INSURED Service does not satisfy the Landlord, the latter may contact the Prudential Control and Resolution Authority (Autorité de Contrôle Prudentielle et de Résolution - ACPR) by completing the form at https://acpr.banque-france.fr/en/search-es?term=insurance or by mail to the following address:

ACPR

Direction du contrôle des pratiques commerciales

61 rue Taitbout 75436 PARIS CEDEX 09

ARTICLE 10: Liability

Studapart is an accommodation booking platform. It is indicated in our Terms of Use on the Landlord side as well as on the Tenant side that the booking must be made on the platform.

We are very vigilant about the behavior of our users. Deviant behaviors are:

All of Studapart's services are strictly limited to the functionalities available on the Platform to facilitate contact between Landlords and Tenants, and can in no way replace or be assimilated to the services and advice of a professional. real estate, which it is the Landlord’s responsibility to call on to meet his rental needs.

The Landlords are solely responsible for the use they make of the Platform and the direct or indirect consequences of this use. Studapart is not responsible for disputes between Landlords and Tenants.

Studapart is under no obligation to preselect, check or modify the information published by all users on the Platform. No guarantee of result or minimum Booking is provided to the Landlord.

Studapart cannot be held responsible for the choices made by the Landlord, who is solely responsible for the use and exploitation of the information provided on the Platform, the interpretations he makes, the advice he deduces therefrom. In particular, the Landlord is informed that all the information on the Studapart zendesk’s concerning the contracts or the management of a rental is provided for information purposes only, is up to date from its date of publication and likely to evolve, and does not can in no way replace the advice of a real estate or legal professional.

Studapart makes a limited commitment to provide tools to ensure that:

If Studapart provides the Landlords with a framework for creating an offer to rent out a property, the writing and content of the Advertisements are the sole responsibility of the Landlords and will not be subject to prior checking.

The Landlord is solely responsible for the choice of the Tenant, for verifying the accuracy of the documents in his rental file, and for the conclusion of the lease. Studapart does not in any way verify the elements provided by the Tenant to the Landlords which have been uploaded to the Platform.

It is the Landlord’s responsibility to ensure that the Tenant's rental file is complete in relation to his requests and needs, being reminded to the Landlords that he must comply with all regulations in this area, in particular provided for by Decree No. 2015 -1437 of November 5, 2015 setting the list of supporting documents that may be requested from the candidate for rental and from the person who may act as surety. Under no circumstances shall Studapart, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to:

In addition, Studapart cannot be held responsible for the non-functioning, impossibility of access or malfunction of the services of the Landlords’ access provider, to those of the Internet network. The same will apply for all other reasons external to Studapart. Indeed, although Studapart makes every effort to avoid malicious use of the Platform, Studapart cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely to contaminate the equipment and programs computers.

Decent housing

The Landlord undertakes to offer decent accommodation in the context of the Advertisements that it publishes on the Platform It being specified, with regard to the regulations in force, that decent accommodation must be provided, in a non-exhaustive manner:

The main room must have an opening to the open air, a kitchen or a kitchen area, a shower or a bath and a separate water closet.

Studapart cannot be held liable in the event of a violation of the regulations in force.

Smoke detector

The Landlords guarantee to have installed, in accordance with the regulations in force, at least one standardized smoke detector in all the places of residence and to ensure the proper functioning and maintenance of the said detector.

Tax and social obligations of Landlords

For any rental of a property or a room, the Landlord is informed that he will have to fulfill his tax and social obligations in respect of the rents received, which he is responsible for declaring as an individual or professional with the competent public authorities according to his status (tax administration, municipality, urssaf, etc.).

Rents can be considered as property income or industrial and commercial profits. It is recalled that only the 1st rent is collected for a Booking through the Platform for the amount indicated by the Landlord in his Advertisement and that it is the Landlord’s responsibility to declare the amounts actually collected from the Tenant. Any tax evasion exposes the Landlord to tax adjustment, fines and criminal penalties.

The Landlord is solely responsible for the information provided to the authorities concerning its activities in connection with the use of the Platform. Before any approach or declaration, the Landlord can in particular obtain information on the sites of the administrations allowing to comply, if necessary, with these obligations:

- https://www.service-public.fr/particuliers/vosdroits/F32744?lang=en

- https://entreprendre.service-public.fr/vosdroits/F32805?lang=en

- https://www.impots.gouv.fr/portail/node/10841

- https://www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_autres_revenus/eco-collabo-fiscal-logement-meuble.pdf

- https://www.impots.gouv.fr/portail/particulier/les-regimes-dimposition

- https://www.impots.gouv.fr/portail/particulier/location-vide-de-meubles

- https://www.impots.gouv.fr/portail/particulier/location-meublee

- https://www.impots.gouv.fr/portail/particulier/questions/je-souhaite-louer-une-partie-de-ma-residence-principale-en-location-meublee

The information provided is for information only and can in no way be considered exhaustive, Studapart does not provide any advice on the taxation of income from rents.

ARTICLE 11: Cancellation terms

As part of the use of the Platform, the Tenant may be required to make an online accommodation booking.

The Landlords cannot cancel an Accommodation Booking made on the Platform, and will respond in the event of late and unjustified cancellation for any prejudice suffered by the Tenant. Late and unjustified cancellation of a Booking constitutes a breach by the Landlord of its obligations under these Terms of Use. Therefore, the cancellation request must be justified and will be studied by Studapart. In any case, the Landlord will not be able to collect the first rent paid via the Platform or will have to return it in the event of cancellation of the Booking on his part.

The Landlord is informed that the Tenant can cancel the booking under the following conditions.

If the Tenant cancels more than 30 days before the arrival date indicated on the Platform, and the first month's rent or the deposit has been paid by the Tenant on the Platform, then this first rent or deposit will be refunded to the Tenant and the Landlord must find a replacement.

If the Tenant cancels his Booking less than 30 days before his arrival (date indicated on the Platform), and the first month's rent or the deposit has been paid by the Tenant on the Platform, then the first month's rent or the deposit will be refunded to the Landlord if the reason for the cancellation is not a case of force majeure.

If the Tenant cancels his Booking less than 30 days before his arrival (date indicated on the platform), the first month's rent or the deposit is not paid to the Landlord if the reason for the cancellation is a case of force majeure or assimilated as such in the Terms of Use, namely in particular the following cases: […]

If the Landlord has chosen not to charge the Tenant the first month's rent or the deposit on the Platform, the Platform cannot in any case guarantee the reimbursement of the first month's rent or the deposit.

In the event of a cancellation caused by force majeure, it is imperative that both parties, namely the tenant and the landlord, promptly provide the necessary information to address the matter within a period of 48 hours upon notification. Failure to comply with this deadline by either party, and if the issue remains unresolved within the given timeframe, Studapart will exercise its discretion based on the information at hand. Once a decision has been reached, no further recourse will be available.

The Landlord must send all supporting documents necessary to assess the situation to Studapart support, at the following email address: support@studapart.com.

ARTICLE 12: Intellectual property rights

"Studapart" is a trademark registered with the INPI.

Studapart is the exclusive landlord of the intellectual rights on the Platform and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as its databases of which it is the producer.

All these intellectual creations are protected by copyright, trademark law, patent law, sui generis right of databases and image rights, and this for the whole world.

As such and in accordance with the provisions of the Intellectual Property Code, only the use of the Platform for private use, subject to different or even more restrictive provisions of this code, is authorized.

Any other use constitutes counterfeiting and is sanctioned under Intellectual Property without prior authorization from Studapart.

Any form of total or partial copying, extraction and reproduction of the database produced and used by Studapart on the Platform is strictly prohibited without its prior written consent.

Studapart does not own the content published on the Platform. By using the Platform and accepting the Terms of Use, the Landlord grants Studapart a non-exclusive, royalty-free right, for the duration of worldwide rights protection, royalty-free, transferable, irrevocable and subject to a sub-licence for the use of the content that the Landlord publishes on the Platform. Within the framework of this licence, the Landlord authorizes Studapart to freely use all or part of the published content, to represent it, distribute it and reproduce it on the Platform.

Studapart therefore remains free to distribute the content of the Landlords in a promotional, advertising and lucrative context, in particular through contests or partnerships. This distribution can be done by any means, subject to the Landlord’s rights of opposition recognized by law.

Therefore, the Landlord declares that:

ARTICLE 13: Protection of personal data and confidentiality

When connecting for the first time, the Landlord expressly consents to the processing of his Personal Data within the limits of processing strictly necessary for the proper functioning of the Platform.

The provision of personal information collected under these Terms of Use is mandatory. This information is necessary for the processing, the provision of the services. The lack of information prevents the proper functioning of the services offered online.

The Landlord acknowledges and agrees that Personal Data may be transferred or stored outside the country where Studapart and/or the authorized Landlords are located, for the purpose of performing the services provided for in these Terms of Use.

In the case of Landlords located in the European Economic Area ("EEA"), the Landlord acknowledges and agrees that Personal Data may be transferred or stored outside the EEA, for the purpose of performing the services provided by these Terms of Use.

Studapart will implement all the technical and organizational measures necessary to respect the protection of Personal Data, both from the design of the service and by default. Studapart undertakes to limit the amount of Personal Data processed from the outset.

The Landlord must ensure that he has the right to transfer the Personal Data concerned so that Studapart can, in all legality, use, process and transfer them on his behalf in accordance with the Terms of Use.

The Landlord must ensure that the relevant third parties have been informed of and consented to such use, processing and transfer, as required by all applicable data protection laws.

Studapart collects Personal Data only in accordance with the terms of these Terms of Use and any legal and reasonable instruction that the Landlord will give at any time.

When Studapart finds a violation of rights in the context of the processing of Personal Data, this violation will be notified to the CNIL within a period not exceeding 72 hours after having become aware of it when this is provided for by the applicable regulations.

Any violation relating to the processing of the Landlord’s Personal Data will be notified to the Landlord concerned by e-mail, within one (1) month.

Each party will take appropriate technical and organizational measures to combat the unauthorized or unlawful processing of Personal Data or its accidental loss, destruction or deterioration.

In accordance with law n°78-17 of January 6, 1978 relating to data processing before the entry into force of the General Regulations on data protection, files and freedoms, the processing of personal information collected on the Platform has been the subject of a declaration to the National Commission for Computing and Freedoms (Commission Nationale de l’Informatique et des Libertés) under number 1836642v0.

13.1 Use and transmission of Personal Data

In order to ensure the operation of the Platform, Studapart must carry out the necessary processing of Personal Data. The processed data is directly transmitted according to the following methods and for the following purposes:

Providing the Personal Data collected for these purposes is mandatory for the confirmation and validation of the Studapart account. Otherwise, the services cannot be provided.

Studapart may also use this data to process the Landlord’s requests as well as to strengthen and personalize its communication, in particular by information letters/e-mails, and finally to personalize the Platform according to the Landlords’ observed preferences. Studapart may also provide its partners with consolidated and anonymized statistics relating to Landlords, these statistics however not containing any personal data.

This data may be transmitted to technical service providers, for the sole purpose of the proper performance of services, or to various suppliers such as payment solution providers. The Landlord accepts that Studapart shares information about him in order to facilitate the use of the Platform accessible at the address www.studapart.com.

The Personal Data communicated by the Landlord will be destroyed no later than six months after the deletion of the account. Studapart reserves the right to retain certain data in order to justify, where applicable, the perfect performance of its contractual or legal obligations. The data thus stored will be limited to what is strictly necessary.

13.2 Rights of access, modification, opposition, portability and deletion

In any case, the Landlord has a right of access, modification, opposition, portability and deletion of the Personal Data concerning him by writing to the following address: contact@studapart.com indicating his surname, first name, e-mail and address.

In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the Landlord and specify the address to which the response must be sent. A response will then be sent within 2 months of receipt of the request.

The Landlord will be able to recover his Personal Data in an open and readable format. The right to portability is limited to the data provided by the Landlord concerned. It applies on the basis of the prior consent of the Landlord. Studapart undertakes to transfer, upon request, within one (1) month, any Personal Data collection document to the Landlord in order to be able to implement the right to portability. Costs related to data recovery are the responsibility of the Landlord upon request.

The personal data communicated by the Landlord will be destroyed no later than six months after the deletion of the account. Studapart reserves the right to retain certain data in order to justify, where applicable, the perfect execution of its contractual or legal obligations. The data thus stored will be limited to what is strictly necessary.

13.3 Studapart Newsletters

Depending on the choices made by the Landlord, he may receive the Studapart newsletter.

By expressly giving their consent to this end, the Landlord accepts that Studapart may send them a newsletter (newsletter) which may contain information relating to new activities offered by Studapart partners. The Landlords will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

13.4 Use of cookies

In accordance with the deliberation of the CNIL n° 2013-378 of December 5, 2013. Studapart informs the Landlords, moreover, that cookies record certain information which is stored in the memory of their hard disks. This information is used to generate Platform audience statistics and to offer services according to the services that the Landlords have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the Platform, beforehand, if they wish to accept cookies. These cookies do not contain confidential information about the Landlord.

The Landlord going to the home page or another page of the Platform directly from a search engine will be informed:

To guarantee the free, informed and unequivocal consent of Landlords visiting the Platform, the banner will not disappear until they have continued browsing.

Without prior consent, the deposit and reading of cookies will not be carried out:

If the Landlord goes to the Platform (home page or directly to another page of the site from a search engine for example) and does not continue browsing: a simple lack of action cannot be assimilated to a manifestation of will;

Or if he clicks on the link present in the banner allowing him to configure the cookies and, if necessary, refuses the deposit of cookies.

ARTICLE 14: Technical provision

The services are provided on an as-is and as-available basis. Studapart does not guarantee error-free, punctual and secure provision of the services offered via the Platform. Studapart is not bound by any obligation for personalized assistance, in particular technical assistance. Studapart disclaims any express or implied warranty, in particular concerning the quality and compatibility of the Platform with the use that the Landlords will make of it. Studapart does not guarantee any results or benefits in the use that will be made of the services offered through the Platform. Studapart does not guarantee that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

ARTICLE 15: Security

15.1 General

The Landlord undertakes to take all reasonable precautions to preserve the confidentiality of his username and password allowing access to the Platform. In this regard, the Landlord undertakes in particular to:

It is also strongly recommended that the Landlord change, at regular intervals, the password required for access to the Platform, by accessing his account, tab "my account", "my password", then "edit ".

When changing his password, the Landlord must ensure that the password does not consist of easily identifiable combinations such as his surname, first name, date of birth, or those of a close relative (spouse, child , etc.), a password used for other purposes (in particular for personal messaging, etc.).

The Landlord must in particular make sure to choose a password that is long enough and composed whenever possible, of a combination comprising both letters, numbers, as well as upper and lower case characters.

Studapart may, at its discretion, impose an expiry date on the Landlord’s password beyond which he will not be able to access the Platform and the services without first modifying his password.

The Landlord also undertakes not to store his identifiers on his computer, smartphone and/or digital tablet, nor to send them via unsecured transmission channels such as e-mail, sms.

The Landlord is also responsible for erasing the information stored on his computer, smartphone and/or digital tablet after using the payment services, in particular the deletion of cookies and history or the deletion of data stored in cache memory.

The Internet is an open international telecommunications network to which the Landlord can access through a computer, smartphone or digital tablet. To access the Platform and services, the Landlord must comply with the technical requirements (concerning equipment and software) as described in these Terms of Use.

The Landlord is required to take all necessary measures to ensure that the technical characteristics of his computer, smartphone, or digital tablet, as well as their software and internet subscription, allow him to access the Platform in complete security.

The Landlord is fully responsible for the correct operation of his computer equipment, as well as its connection to the Internet. As such, the Landlord must ensure that this equipment does not present any problem or virus and has sufficient security to prevent the risk that a third party obtains access to his account and to the data that this space contains.

The Landlord must make every effort to preserve this security. To do this, the Landlord must ensure in particular that there is no risk of hostile programs or viruses accessing and disrupting Studapart's computer systems. In particular, the Landlord must ensure the security of his computer, smartphone, digital tablet, by using and regularly updating anti-Virus and anti-spyware software as well as a personal firewall.

The Landlord assumes the technical risks, in particular related to a power outage, an interruption of the connections, a malfunction or even the overloading of the networks or systems.

The Landlord acknowledges that he must contact the internet service provider of his choice to access the internet, the Platform and the services. In this context, the Landlord acknowledges that it is up to him to choose his Internet access provider and to set the terms of his relations with him.

Studapart cannot be held responsible for the risks relating to internet access and the risks relating to the remote transmission of data by the Landlord or to the Landlord, in particular in the event of a conflict between the Landlord and this internet access provider, in relationship with the confidential/personal nature of the data transmitted, the cost of transmission, the maintenance and interruptions of telephone lines and the Internet network.

The Landlord is responsible for using the services in accordance with the technical requirements and security instructions given by Studapart.

Under normal conditions, the services are accessible through the Platform.

The Landlord must connect to the Platform for a limited period of time and undertakes to disconnect as soon as he has finished using the services. Disconnection from the Platform is not automatic, once connected, the Landlord remains connected to the Platform until he disconnects by clicking on the indication disconnect from the Site.

15.2 Changes and termination of services

The Landlord may unsubscribe from the Platform at any time by clicking on the “delete his account” button in his Landlord Space. Studapart confirms to the Landlord, by electronic means, his unsubscription to the services of the Platform, his unsubscription taking effect on the date of this confirmation by Studapart.

The deletion of the account is final and the Landlord will not be able to find his data. Advertisements will be automatically dereferenced.

Studapart reserves the right to modify or stop offering all or part of the services at any time, at its sole discretion. The Landlord is informed of these modifications and/or discontinuation by any useful means, within an indicative period of fifteen (15) days.

The end of the services, for any reason whatsoever, including in the event of withdrawal by Studapart under the conditions provided for by the Terms of Use and the law, leads to the deletion of the Landlord’s account, who then no longer has access to his account.

Whatever the cause of the end of services for a Landlord, the amount of the first rent paid by the Tenant for a Booking will be paid into the Landlord’s bank account entered on the Platform on the date set in accordance with the Terms of Use.

ARTICLE 16: Force majeure

Any event beyond the control of Studapart and against which Studapart could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as for example, without this list being exhaustive: a strike or a breakdown technical (edf, erdf, telecommunications operators, internet access or hosting providers, Registrar, etc.), an interruption in the supply of energy (such as electricity), a failure of the communication network electronics on which Studapart depends and/or networks that would replace it.

Studapart cannot be held responsible, or considered as having failed in its obligations provided for in these Terms of Use, for any non-performance related to a case of force majeure as defined by French law and case law, on the condition that it notifies it to the other party on the one hand, and that it does its best to minimize the damage and perform its obligations as quickly as possible after the end of the case of force majeure on the other hand.

ARTICLE 17: Entirety

The provisions of these Terms of Use express the entire agreement concluded between the Landlords and Studapart. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of these presents, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the Terms of Use, except for an amendment duly signed by the representatives of the two parties.

Except as otherwise provided in these Terms of Use, correspondence exchanged between the Landlords and Studapart is handled by email via the Platform. Pursuant to articles 1316 and following of the Civil Code and, where applicable, article L.110-3 of the Commercial Code, the parties declare that the information delivered by e-mail is authentic between the parties as long as no written contradictorily authenticated and signed, calling into question this computerized information, is produced.

Elements such as the time of receipt or transmission, as well as the quality of the data received, shall prevail by priority as shown on Studapart's information systems, or as authenticated by Studapart's computerized procedures except to provide written proof to the contrary by the Landlords.

ARTICLE 18: General

The fact that one of the parties to these Terms of Use has not required the application of any clause whatsoever, whether permanently or temporarily, can in no way be considered as a waiver of the rights of this party arising from of said clause.

If one or more provisions of these Terms of Use are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations of these Terms of Use will retain all their strength and scope. If necessary, Studapart undertakes to delete and immediately replace said clause with a legally valid clause.

In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.

ARTICLE 19: Applicable law

These Terms of Use are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.

In the event of a dispute likely to arise in connection with the interpretation and/or execution of these Terms or in relation to these Terms of Use, the Parties undertake to make every effort to resolve all disputes amicably. to which these Terms of Use may give rise.

Thus, in the event of a dispute between a Landlord and Studapart, the parties agree to negotiate the settlement of the dispute in good faith.

ANNEXE

NOTICE D'INFORMATION DES CONDITIONS PARTICULIÈRES AUX GARANTIES LOCATIVES N° 60 128 547 ET PROTECTION JURIDIQUE N°788770