Terms and Conditions and Legal Notice

Updated on December 03, 2018

Terms

Company :

The www.bird-office.com website is published by BIRD OFFICE, a société par actions simplifiée [limited company] with capital of €20,368.40 registered in the PARIS trade and companies register under number 799 306 253, with its registered office at 277 rue Saint Honoré, PARIS (75008).

Contact: +33 1 86 76 10 87 and contact@bird-office.com
VAT no.: FR 07 799306253
Publishing Director: Mr Arnaud Katz

Hosting :

Microsoft France
30 quai du président Roosevelt
92130 Issy Les Moulineaux
France

OVH
2 rue Kellermann
59100 Roubaix
France

Limitation of Liabilities :

The liability of the Bird Office company cannot be directly or indirectly retained in any capacity and for any reason whatsoever:
- In case of website shut down for maintenance purposes or by the behavior of Members of the website;
- In case of inaccessibility and / or in case of inability to use the website by any member of the website;
- In case of damages to equipment, data loss, of any form whatsoever, while connected to the website;
Bird Office company can not be held liable in case of contamination of computer equipments as a result of the propagation of a virus or other computer infection.

As Member of the website, it is your responsibility to take all appropriate measures to protect your own data and / or software from contamination by viruses circulating on Internet.

Under no circumstances the Bird Office company, its employees, its agents, suppliers or third parties mentioned on its website shall be liable for claims involving contractual responsibility, criminal responsibility or any other claims, for all indirect or direct damage, incidents and accessories of whatever nature or for any prejudice, particularly of a financial or commercial nature, resulting from the use of its website or any information obtained from its website.

Contents of the site ­ Intellectual property :

All information contained in the website, that is to say all the lines of coding, the general structure, the graphics and all the broadcast content (pictures, photos, texts etc.) are protected by the French and international legislation.

Thus, Members are strictly prohibited to reproduce, broadcast or transfer the data, content and / or information of the website to which they could have access by any means, to the benefit of a third party in any way, free of charge or subject to payment, regardless of their relationship with the third party.

Any representation, reproduction, either partial or total of the website and its contents, by whatever process, in whatever capacity by a Member is therefore prohibited and could constitute illegal acts and could involve the civil and criminal liability of persons who had been implicated.

Apart from the right of use granted to every Member for the use of the service, all restrictions resulting from the application of the intellectual property code and international laws apply.

At any time and in any case, no one can create a hyperlink to the website http://www.bird-office.com or to any of its sub¬sites, linked websites, or to any of its components without first asking the authorization to the administrator. Any injury suffered by the website http://www.bird-office.com, its sub¬sites, linked websites, its editor and / or host due to the establishment of such a link outside of the conditions set out above may result to prosecution and claims for damages.

The reproduction of any part of the website or the presentation on third websites of elements of the website as "Framing", "in line linking" or any related system is prohibited . The authorization obtained in accordance with the conditions set out above to establish a hyperlink does not allow in any way, to suggest sending a pre¬written message to an email address associated to the website or the establishment of a system for sending massive amounts of messages regardless of the nature.

Data Protection Act and Freedom of Information Law :

The information requested on the site is necessary for you to use our services and find the room your company needs or hire out your room. This information is for the exclusive use of Bird Office, which acts as the data controller. Unfortunately, we will be unable to offer you our services if you do not complete all the required fields to contact us and describe the room you are looking for or offering. In accordance with our general data protection policy, you have a right to access, which entitles you to learn about the type of data we collect about you and to request its rectification or erasure at any time. To exercise this right, simply email contact@bird-office.com or use the contact form for the Bird Office Data Protection Officer, which can be downloaded from www.virtual-dpo.fr or www.mondelegueauxdonnees.fr.

If you send us a question, you agree that we may retain your data in order to provide you with a response or tell you about our latest news. You can unsubscribe from our newsletters or ask to stop receiving our news at any time; simply email contact@bird-office.com.

Terms of Sales

Preambule

The use of the Bird Office service, in any case, achieving membership and booking lead to acceptance without reservations of the general terms of sales and legal notice.

Bird Office may at any time modify its terms of sales without notice. Members are therefore responsible for the regular verification of these terms of sales and must interrupt any use of the website in case of disagreement with them.

Any modification cannot affect the orders already accepted or executed.

Article 1: Personal data

As part of its business, BIRD OFFICE collects personal data.

BIRD OFFICE collects the first names, surnames and email addresses of representatives of its clients and suppliers, and of individuals who contact BIRD OFFICE via its website or by any other means. It also collects the contact details of individuals who make a booking request, as well as the date of the booking, the location of the room booked and the number of people likely to be attending the meeting.

It is necessary to process this data in order to provide the services described in these Terms and Conditions.

If the need arises, BIRD OFFICE may also, after informing the user, occasionally record telephone conversations in order to improve the quality of its services and ensure that its clients’ specific requests are dealt with appropriately.

Only BIRD OFFICE staff responsible for quality and marketing services are authorised to access these recordings.

Any recordings of conversations are retained for a maximum period of six months from the date on which they are recorded.

With the exception of data recorded in this way, data is retained for as long as the client’s or supplier’s account is active and for a period of three months from the date on which it is closed.

The data is then archived and can be retrieved only in the event of a legal dispute, for the period required by law.

All individuals concerned have a right to access, modification, rectification, erasure and, if necessary, portability of personal data relating to them, in accordance with the provisions of the version of the French Data Protection Act of 6 January 1978 in force on the date of this notice, and in accordance with Community regulations.

In the event of a problem related to the management of their personal data, all individuals concerned have the right to file a complaint with the CNIL [Commission Nationale de l’Informatique et des Libertés — French national commission on information technology and liberties] or any other competent supervisory authority.

The right to access, modification, rectification and erasure established in the paragraph above may be exercised by contacting customer services at the following email address: contact@bird-office.com or using the contact form for the Bird Office Data Protection Officer, which can be downloaded from www.virtual-dpo.fr or www.mondelegueauxdonnees.fr.

If the individual concerned has shared content on a third-party website, application or social media platform, BIRD OFFICE is no longer responsible for exercising the right to erasure on these sites. The individual concerned must contact the publishers of the applications through which the content was shared to exercise the right to erasure.

Cookies may be installed automatically on your browser software when you access the Site. A cookie is an item that does not identify the visitor but records information about the visitor’s browsing. You may be able to refuse cookies through your browser settings using the procedure described on the browser’s "Internet Options" tab.

Article 2 : Identity

Bird¬office.com is a service of the company BIRD OFFICE, 277, rue Saint Honoré in PARIS (75008), RCS PARIS 799 306 253, VAT number: FR07 799 306 253.

Article 3 : Bird Service Description Office

Bird Office is an intermediate platform between Partner Members providing workspaces (training, conference and / or meeting rooms) and User Members looking for available workspaces as part of their business activities.
Bird Office is also an intermediary for the provision of food services (breakfasts, lunches, breaks and / or cocktails) between the User Member and the Partner Member.

Bird Office acts as a food service provider for a User Member wishing the delivery of such services during the performance of the services.
Bird Office uses an external service provider to carry out these services.

Article 4 : Article 4: Become a member of the service Bird Office

The creation of a personal account is not required to browse the Bird Office website.
However, its creation will be necessary in order to book or provide a workspace.

Article 4.1 : General procedure for membership
Any natural or legal person, acting for purposes relating to his business (company or sole trader) and any association acting within the framework of its associative activity, may become a Member of the Bird Office service. Registration is on the website of Bird Office, at the following address: https://www.bird-office.com/

Article 4.2 : The different categories of Members
Members may be User Members or Partners Members

Article 4.2.1 : User members
Are called "User Member" Members using the Bird Office service in order to reserve workspaces belonging to a Partner Member.

Article 4.2.2 : Partner Member
Are called "Partners Members" Members providing one or more workspaces to the User Members, regardless of its activity: hotel, business center ...

Besides, the following elements are required to become a Partner Member:
- Company Name ;
- Postal address of the head office ;
- SIREN number ;
- Intra-community VAT number.

Article 4.3 : Unsubscribing
A Member may close his account by logging on his personal interface. Bird Office may also close a member account, at any time, without notice, if the Member fails to comply with the essential terms of these terms of sales.

The closing of the account will lead up to a complete removal of personal data.

Article 5: Publication of announcement

Article 5.1 : Content of the announcement
The Member Partner communicate in the announcement all specific information to the workspace: description of the space, postal address, availability. He guarantees the accuracy of information provided. Partner Member has the option to insert photographs illustrating his announcement that he will put online.

Article 5.2 : Launch of announcement
The placing on¬line of an announcement is made via a registration form on the website https://www.bird-office.com/. The announcement is considered filed once the Member has validated it on the Bird Office website which causes its consideration and publication.

Article 5.3 : Control of announcement
Bird Office has the right to control the announcement to ensure the quality of the content. In any case, Bird Office may unilaterally decide to add one or more photographs taken during a visit to the workspace by its services.

Article 5.4 : Content and control of opinions
Opinions shall not be contrary to morality and public order or affect the rights of a third party.
Bird Office can control the opinion to be sure that these opinions are in compliance with the aforementioned.

Article 6 : Terms for reserving a workspace

Bird Office acts as an intermediary between an User Member and a Partner Member.
Bird Office is an agent of the Partner Member for the edition of invoices. In this regard, Bird Office will be liable for editing and delivering invoices to User Members and Partner Members.
All invoices will be accessible in the Members' area.

The booking is realized through the acceptance of a workspace offer by an User Member. The acceptance of the offer results in the conclusion of a temporary provisioning contract. However, the Partner Member may choose to retain the right to confirm reservations made, which delays the conclusion of the contract to the booking confirmation date.

If you are not subject to VAT, please contact us by email at contact@bird-office.com.
However, in order for us to take it into account, it is necessary to deliver us a certificate of non-taxation.

Article 7 : The price of the provision

The price is set freely by the Partner Member. However Bird Office proposes an indicative price to the Partner Member.
All prices are expressed as a fixed amount per hour, half-day or day; the Partner Member may decide to set a minimum number of hours to allow a reservation.

Nevertheless, the rental price on the Bird Office website must never exceed the public price exposed by the Partner Member.

Article 7.1 : Payment terms

Payment will be made by credit card, direct debit or bank transfer.

Article 7.2 : Payment deadline
Article 7.2.1 : Payment deadline in the case of a workspace booking

The payment is made at the time of booking, the debit will be deferred to 216 hours (9 days included) before the service fulfillment.
Thereby, for payments within 10 days included before the date of the service fulfillment, the full amount will be debit regardless of the payment method.
For payments within 14 days included before the date of the service fulfillment, only credit card payments will be accepted.

For payments more than 10 days excluded before the date of completion of the service:

In case of payment by credit card, the total amount will be collected for amounts below EUR 300 excluding taxes. For amounts over 300 EUR excluding taxes a 20% deposit is deducted immediately upon booking, the balance will be collected within a maximum of 10 days before the first day of the reservation.

In case of payment by bank transfer, the total amount will be collected for amounts below 1000 EUR excluding taxes.For amounts of more than EUR 1000 excluding tax, a deposit of 20% is payable immediately at the time of booking. The balance must be paid at least 10 days prior to the first day of the service. If the deposit is not received within 4 days following the date of booking, the booking will be automatically cancelled. Bird Office also reserves the right to cancel bookings if the full amount due is not received by the stated deadline.

If payment is made by direct debit, the full amount will be collected for amounts of less than EUR 1000 excluding tax. For amounts of more than EUR 1000 excluding tax, a deposit of 20% is collected immediately at the time of booking. The balance will be collected 15 days prior to the first day of the booking.In addition, levies are only possible for amounts of at least EUR 300 excluding taxes.

A 30% commission of the total price (excluding tax) will be taken by Bird Office. The remaining amount is fully paid to the Partner Member at the beginning of the month following the month of the reservation.

Members are prohibited to defraud the Bird Office commission.

Article 7.2.2 : Payment deadline in the case of food services provided by the Partner Member
Payments must have been made before the 96 hours included (4 days included) of the service fulfillment.

Article 7.2.3 : Payment deadline in the case of food services provided by an external provider
Depending on the external service provider the payment terms can vary, thereby it will be specified at the time of booking.

Article 8 : Late payment

In case of total or partial late payment from the User Member, this one will be liable to the company for a penalty of three times the legal interest rate determined by the European Central Bank (Art. L441-6 French Commercial Code).

The legal interest rate used is the one in effect on the day of the service fulfillment. This penalty is calculated on the amount including taxes of the remaining amount, and runs from the expiry date of the invoice without any prior notice being required.

A delay compensation of forty (40) euros for recovery costs will also be due in case of late payment.

The failure to comply with the payment deadline will incur to the User Member an administrative fine which can go up to two million euros.

Article 9 : Termination clause

Bird Office has the possibility to cancel any booking of workspace in the case of a non payment made within the allowed time.

User Members shall not be able to benefit from the performance of the service without the full payment being made.

Article 10 : Cancellation and amendment policy

Article 10.1 : Partners’s cancel conditions
The partner will have to pay the amount of the commission in case of cancellation of his booking while it was an accepted reservation.

The cancellation conditions mentioned in Articles 10.2.1 and 10.2.2 may differ according to the partner rooms. These are mentioned on the web page of the website.

Article 10.2 : Client’s cancel conditions
Article 10.2.1 : Conditions for cancellation or amendment of a workspaces booking
The cancellation rules are strict: refund up to 216 hours (9 days included) before the start of the the service fulfillment (excluding compensation for bank and administrative costs of 20% of net amount of the benefit and minimum € 20 (excluding tax)).The cancellation can be done by sending a mail to contact@bird-office.com.
A cancellation is confirmed by return email of Bird Office.

Any request to amend a booking is free of charge and may be made up to and including 216 hours (9 days) before provision of the service begins.
It must be made in writing by email to contact@bird-office.com and will be confirmed by Bird Office by return email.

Article 10.2.2 : Conditions for cancel a food service provided by the Partner Member
Any cancellation will be effective and subject to refund if it has been completed within 72 hours excluded (3 days excluded) before the fulfillment of the service.

Article 10.2.3 : Conditions for cancel a food service provided by an external provider
The rules concerning the cancellations deadline differ according to the external providers, these will be specified at the time of booking.

Article 11 : Force majeure

The liability of Bird Office cannot be raised if the non-performance or delay in the performance of one of its obligations described in the terms of sale results from a case of force majeure. By force majeure we mean any foreign cause of compelling and unpredictable nature.

Events of strike, lock-out, fire, flood, riot, war, shortage of fuel, energy, equipment are considered case of force majeure, even if they are only partial and whatever the cause.

Article 12 : Responsibility

Members are informed of the intermediary role of Bird Office which links Users Member and Partners Members.
Bird Office cannot be held liable for the provision conditions of workspace proposed by a Partners Member. The Partner Member is solely liable for the workspace description he offers.
The Partner Member must therefore imperatively verify the accuracy and veracity of the information shared on his annoucment at the first online, and regularly update and inform Bird Office of any lack of confirmity with the announcement and / or information he has issued in its announcement.

Members are the unique responsible for the security of their personal account. Bird Office shall not be held liable for the loss or theft of the username and password, nor for the piracy of these ones.
Members commit themselves to never communicate their username and password to third parties and to implement measures that prevent theft, loss and piracy.
If an activity on their personal account seems suspicious, Members must promptly notify Bird Office and do their best to put an end to these unauthorized activities.

Article 13 : Insurance

In accordance with the regulations in force, the Partner Members must ensure and/or have insured their property and maintain the insurance coverage of the workspace in during those temporary measures

In addition, Bird Office offers insurance in partnership with AXA. This automatically covers all users of the service.

Article 14 : Intellectual Property Members

The Partner Members admit that they detain the operating rights necessary for the publication of all the content put on line.

Partner members remain sole owners of the rights attached to content that they intend to publish and broadcast on the website http://www.bird-office.com, namely the works of the mind in general, such as musical works, films, videos, pictures, photographs, text, etc.

Publish the corresponding files gives to Bird Office a non¬exclusive license to use, perform, reproduce, communicate to the public from bird¬office.com website through any electronic communication network known or future (Internet, telephony mobile 2G, 3G, 4G, ADSL TV, etc.), distribute and even modify the corresponding contents in a way , in the latter case, to respond to the needs and technical constraints related to the Bird Office service especially when it is to make the digital compression of video files, and music or formating such content and that this license is limited to the necessary applications only to the Bird Office service, as long as the contents will be available and at the sole will of the user apart from any other external website bird¬office.com unless express prior consent of the latter.
As part of the license granted to it, Bird Office may, in order to promote the relationship between Partner Member and User Member, freely use, represent, distribute and reproduce, some or all content posted by them.

Article 15 : Personal data

Bird Office has the right to collect personal information and personal data concerning Members, which are necessary for the management of their booking, as well as for the creation of invoices. The contact details of the User Members will be sent to the Partner Members in case of a validated and effective booking, in order to them to execute the services.

Article 16 : Applicable law and jurisdiction

These terms and conditions are subject to french law.

Any dispute concerning their interpretation and / or implementation ; and any disputes that may arise between the Bird Office company and one of its members will be, according to the decree of March 11st, 2015 (Decree No. 2015-282 of March 11st, 2015 on the simplification of civil procedure in electronic communication and amicable settlement of disputes), resolved amicably before it is brought before the competent court, that is to say the jurisdiction of the Paris Commercial Court.


Confidentiality Charter

As part of its business, Bird Office collects personal data.

The data collected by Bird Office is collected, recorded and stored in accordance with the provisions of the version of the French Data Protection Act of 6 January 1978 in force on the date of this notice, and with the provisions of the General Data Protection Regulation.

BIRD OFFICE collects the first names, surnames and email addresses of representatives of its clients and suppliers, and of individuals who contact BIRD OFFICE via its website or by any other means. It also collects the contact details of individuals who make a booking request, as well as the date of the booking, the location of the room booked and the number of people likely to be attending the meeting.

It is necessary to process this data in order to provide the services described in the Terms and Conditions.

If the need arises, BIRD OFFICE may also, after informing the user, occasionally record telephone conversations in order to improve the quality of its services and ensure that its clients' specific requests are dealt with appropriately.

Bird Office also acts as a data processor in the sense of Article 4 of the European General Data Protection Regulation, when it collects data related to its clients' employees.

The client remains responsible for the processing of its employees' personal data, and for processing carried out for statistical purposes that is accessible via the portal managed by Bird Office.

Data is retained for as long as necessary to provide the services offered by Bird Office.

The data is then archived and can be retrieved only in the event of a legal dispute, for the period required by law.

All individuals concerned have a right to access, modification, rectification, erasure and, if necessary, portability of personal data relating to them, in accordance with the provisions of the version of the French Data Protection Act of 6 January 1978 in force on the date of this notice, and in accordance with Community regulations.

In the event of a problem related to the management of their personal data, individuals concerned have the right to file a complaint with the CNIL [Commission Nationale de l’Informatique et des Libertés — French national commission on information technology and liberties] or any other competent supervisory authority.

The right to access, modification, rectification and erasure established in the paragraph above may be exercised by contacting customer services at the following email address: contact@bird-office.com.

Bird Office has also appointed VIRTUAL DPO to be its external Data Protection Officer.
If you have any questions, you can visit our data protection officer's website directly at www.virtual-dpo.fr or www.mondelegueauxdonnees.fr.

When Bird Office receives a request for access, modification, rectification or erasure in its capacity as a processor of data collected by one of its clients, Bird Office will apply the methods established by the client, provided that they are compliant with applicable regulations and have been communicated in advanceIn the event of a problem related to the management of your personal data, you have the right to file a complaint with the CNIL [Commission Nationale de l’Informatique et des Libertés — French national commission on information technology and liberties] or any other competent supervisory authority.
Cookies

What cookies are likely to be installed when you visit our website?
The aims of the cookies likely to be installed on your browser when you visit the Bird Office website are essentially to be audience measurement tools, improve website ergonomics and establish visitors' browsing patterns.

How long is a cookie's lifespan?
There are two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in your browser's subfolder when you visit a website. Once you leave the site, the session cookie is deleted.

Persistent cookie files remain in your browser's subfolder and are activated again when you visit the website that created that particular cookie. A persistent cookie remains in the browser's subfolder for the period set within the cookie file.

Generally, a cookie's validity period is no more than 13 months.

Can I refuse to have cookies installed on my computer?
You are not obliged to accept installation of cookies on your terminal. However, we cannot guarantee you an identical user experience if you delete cookies.

How do I change my cookie settings and delete cookies?
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