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The contract between us

In short:
10%
commission only on realised turnover. No fix cost.
Keep your usual payment conditions and keep the control of your quotes, no allotment.
Groupcorner will collect the payments and transfer your share.
No Commitment on the duration, you can remove your accommodation at any time (3 months notice)
In details:
 
Between the following parties:

AGAH, SAS capitalized value 41 770 € headquartered in Les Hauts 71220 SAINT BONNET DE JOUX, company registry RCS de MACON number 789 714 367, registered with National French Travel Professional Alliance Atout France member number IM071160003, owner of the brand Groupcorner and its website www.groupcorner.com , represented by CEO and Director Mr. Antoine de Corson.

hereafter named PUBLISHER

AND:

The company described in above form. hereafter named SERVICE PROVIDER

Individually or jointly: the Partie(s)

INTRODUCTION:

The PUBLISHER owns the commercial brand “Groupcorner” on the internet website address www.groupcorner.com which is made available for users (visitors and partners) as a referral service between hotel property partners and persons or legal entities searching for group accommodation as well as a secure payment platform service.

The SERVICE PROVIDER manages hotel properties in the form of business units, affiliates, franchises, etc. and seeks to increase group accommodation sales in these properties.

The parties are in agreement on the following terms:

Article 1 : Purpose of the Partnership 1.1. Enrollment as a Partner

By enrolling as a « Partner », the properties managed by SERVICE PROVIDER will receive priority ranking for selection by visitors searching for accommodation within a specific geographic zone (the visitor is an individual person or legal entity reserving accommodation or services via the website from the SERVICE PROVIDER ; known hereafter as 'user' or 'client').

« Partner » status does not imply exclusivity for the SERVICE PROVIDER ; consquently the SERVICE PROVIDER accepts that other hotels and properties within the geographic zone may benefit from « Partner » status.

The SERVICE PROVIDER will be provided a login and password to gain access to and ability to modify property listing descriptions for their hotels directly on the website.

1.2. Proactive proposals to visitors that have not found an online solution:

As per the following, the PUBLISHER agrees to give first priority in proposing the SERVICE PROVIDER properties to visitors that do not wish to directly browse for and choose properties on the website. In this case, the PUBLISHER directly contacts the visitor and chooses which properties will be proposed.

1.3. Partnership presentation on Partner pages

The SERVICE PROVIDER will appear within a list of partners on the website.

Article 2 : Affiliated Hotels

A list of all properties managed by the SERVICE PROVIDER which benefit from « Partner » status is attached to this contract (appendix 1). The SERVICE PROVIDER may add new properties to the website but must inform the PUBLISHER.

Article 3 : Cost of Referral

3.1. In exchange for referral services under the terms and according to the conditions defined in article 1, the PUBLISHER will be paid a business referral commission by the SERVICE PROVIDER of 10% of total net revenue (excluding VAT and taxes) based on the invoice(s) prepared by the SERVICE PROVIDER for clients reserving group accommodation and services.

3.2. In the event of cancellation, no commission will be due to the PUBLISHER. However, any reservation which results in a partial or total payment to the SERVICE PROVIDER as per Terms & Conditions, will be considered a sale which generates a commission payment as per article 3.1.

3.3. Commissions owed the PUBLISHER as per this contract shall be payable immediately after the client has made payment to the SERVICE PROVIDER.

3.4. Immediately following payment by the client on the Groupcorner website platform, the PUBLISHER will generate a commission invoice which is sent to the SERVICE PROVIDER via the platform. Payment will be made to the SERVICE PROVIDER less the commission owed to the PUBLISHER.

The SERVICE PROVIDER will send a copy of the final client invoice(s) to the PUBLISHER within 48 hours after receiving payment.

3.5. The SERVICE PROVIDER has 5 working days to dispute the commission invoice ; after this period the commission amount is considered approved for payment by the SERVICE PROVIDER.

3.6. In case of non-payment of an invoice beyond 30 days, the PUBLISHER can suspend the SERVICE PROVIDER's website access and property listings until payment of all outstanding amounts have been made.

3.7. If outstanding commission payments owed the PUBLISHER have not been made within the above payment terms, a fee for late payment in the amount of 10% of net will be added to the commission invoice(s).

Article 4 : Reservations

4.1. Reservations will be made directly by the client via the website to the SERVICE PROVIDER.

Contracts for group reservations will be signed directly between the USER and the SERVICE PROVIDER who will take over and manage all booking terms and conditions with the USER, via the website.

4.2. Under no circumstances will the PUBLISHER guarantee a reservation to the client nor guarantee on behalf of the client any services to be provided by the SERVICE PROVIDER and reserved via the website

Article 5 : Obligations 5.1. The PUBLISHER

The PUBLISHER has put the user in direct contact with the SERVICE PROVIDER and is not responsible for the proper delivery and execution of goods and services contracted by the client reserving via the website.

The PUBLISHER is responsible only for obligations linked to referral and listing of the SERVICE PROVIDER on the website/ Groupcorner platform.

The PUBLISHER is not responsible for cancellations by the client to the SERVICE PROVIDER.

The PUBLISHER is not responsible for consequences of any interruption of internet service which may affect obligations provided by this contract in the terms and conditions of use accepted by the SERVICE PROVIDER.

5.2. The SERVICE PROVIDER

The SERVICE PROVIDER is responsible for the reservation and assures the conformity between dates offered for sale and actual availability in the property, as well as the proper delivery of goods and services as described to the clients at the time of sale.

Descriptions and information given by the SERVICE PROVIDER concerning the quality and facilities of the hotels listed on the website (location, equipment, availability, etc.…) are the sole responsability of the SERVICE PROVIDER.

Article 6 : Intellectual Property

6.1. The SERVICE PROVIDER declares and guarantees to The PUBLISHER that they have ownership and permission to use all texts, images and photographs uploaded to the website, and that all copyrights for publication and communication to the public are freely held so that Groupcorner will in in no way be subject to pursuit by third parties seeking penalties related to intellectual property ownership for content appearing on the website.

6.2. The SERVICE PROVIDER will not acquire ownership or rights to use screenshots or any other references, distinctive signs, emblems, logos, brands, creations or texts owned by the PUBLISHER nor any comments or reviews posted by users to the groupcorner website ; these items remain the exclusive property of the PUBLISHER.

Article 7 : Guarantees to the SERVICE PROVIDER

7.1. The SERVICE PROVIDER assures the PUBLISHER will not be held responsible for claims or legal actions initiated by clients and will compensate Groupcorner for all financial consequences including legal fees connected with claims or actions undertaken by individuals or legal entities seeking compensation for damage or loss for any reason, due to publication of information given by the SERVICE PROVIDER or for delivery and execution of goods and services sold by the SERVICE PROVIDER to the client.

7.2. If the The SERVICE PROVIDER neglects to provide the above guarantees, the PUBLISHER will have the right to immediately suspend website access, referrals and listings, without compensation of any kind due to the SERVICE PROVIDER. The SERVICE PROVIDER must in any event still pay all outstanding commissions due to the PUBLISHER under the terms of this contract.

ArticThe 8 : Duration and Termination

This contract has been made for a duration of one (1) year and is renewable by tacit approval each year on the anniverary of the signature date for a new period of one (1) year.

Each party may terminate this contract at any time by giving three months notice in a written letter sent via registered mail with postal acknowledgement of receipt.

Each party may also terminate this contract in case one of the parties has not upheld the contract terms and conditions or obligations, without right to claim any compensation for loss or damages, after sending a letter of formal notice of action required via registered mail with a postal acknowledgement of receipt, for which no response has been received by the sender after 15 days after postal receipt.

Commissions on past reservations made while this contract was being approved by the parties remain due to the PUBLISHER and will be payable by the SERVICE PROVIDER as per article 3.

Article 9 : General Conditions

Unless otherwise stipulated, the general terms and conditions of use in appendix 2 of this contract combined with the above articles form a total agreement between the PUBLISHER and the SERVICE PROVIDER, voiding and replacing all previous agreements. General Terms and Conditions of Use of the PUBLISHER are available on the website ; these Terms and Conditions of Use take precedence over and are an essential part of this contract.

The PUBLISHER may modify the general terms and conditions for use at any time by uploading new terms to the website. In this case, the new terms and conditions will be sent to the SERVICE PROVIDER. After a period of 15 days, if the SERVICE PROVIDER has not contested the new terms by written letter to the PUBLISHER sent via registered mail with a postal acknowledgement of receipt, the new terms and conditions shall be considered accepted and legally binding.

Article 10 : Legal framework and Jurisdiction

This contract is governed by the legal system of France.

Any legal action undertaken by the contracting parties concerning interpretation, execution or termination of this contract will be under the jurisdiction of the Tribunal de Commerce de Macon (71) in France.

Signed electronically on 19/03/2019, 10h48 from the IP address 54.90.204.233

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