RCS PARIS : 821 491 628
Head office: 12 rue Notre-Dame des Victoires, 75002 Paris, France
Tel: 01 86 95 47 61
Intra-community VAT number: FR67821491628
The present website is hosted by Microsoft (Azure).
The server is geographically located at the Microsoft hosting site for Western Europe located in the Netherlands. For more information, please refer to this page.
ARTICLE 1. DEFINITIONS
« Arbitrator » : any physical person nominated by the Center to resolve a Dispute in accordance with the present Arbitration Rules.
« Center » : Digital Institute of Arbitration and Mediation (Institut digital d’arbitrage et de médiation) acting as the administrator of the arbitration under article 1450 of the French Code of Civil Procedure.
« Defendant » : Party disputing the case brought by the Claimant.
« Claimant » : Party having first brought its case to the Platform.
« Request for arbitration » : request sent to the Center by means of the Platform by a Party or its legal representative so as to resolve the Dispute in accordance with the present Arbitration Rules.
« Jurisdiction » : legal field within which the Center organizes the resolution of the Dispute.
« Dispute » : dispute between the Parties brought to arbitration before the Center.
« Party » : Claimant or Defendant.
« Platform » : virtual space of Dispute resolution made available to Users by the Center and accessible at www.fast-arbitre.com, and sub-sites, mirror sites, portals and related URL variations.
« Arbitration rules » : present arbitration agreement setting out the applicable rules for the resolution of the Dispute.
« Award » : decision rendered by the Arbitrator so as to resolve the Dispute.
« Costs » : contractual provisions determining the amount of costs and fees for the resolution of the Dispute via the Platform.
« User » : any person logging in to the Platform for the resolution of a Dispute.
ARTICLE 2. SCOPE OF APPLICATION
The present general conditions of use are applicable to all the Users. The simple connection to the Website implies full acceptance of the present general conditions.
When signing up on the Website, this acceptance will be confirmed by ticking the box corresponding to the following sentence : “I recognize that I have read and accepted the general conditions of service, the Arbitration Rules and the fees applicable“. The User further acknowledges having read them in full and accepting them without restriction.
Ticking the above mentionned box shall be deemed to have the same value as a handwritten signature by the User. The User acknowledges that the automatic registration systems employed by the website publisher constitute documentary proof and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint.
The present general conditions are applicable to the parties excluding any other conditions, and in particular those of the User.
ARTICLE 3. PURPOSE OF THE WEBSITE
The Website’s objective is to make a Platform available to the Users for the resolution of Disputes.
The Users can access freely the online space to bring their case. The Users can access freely the online space to bring their case. However, access to arbitration proceedings is a paid service.
ARTICLE 4. MANAGEMENT – ARBITRATION
Order and arbitration proceedings are governed by the arbitration rules of the Digital Institut of Arbitration and Mediation (Institut digital d’arbitrage et de médiation).
ARTICLE 5. PRICE – PAYMENT
The prices applicable are those contained by the Tariffs on the day of the Request for Arbitration. Those prices can be modified at any moment by the Center. The prices indicated on the Website are in euros, excluding taxes.
The Party may pay by wire transfer or by credit card by means of a secured payment method provided by the banking and financial service providers used by the FastArbitre platform.
When paying using a credit card, the Center does not have access to any of the credit card details of the Party. The payment is made directly to the banking institution.
5.3. Repayment of the Fees to the Arbitrator
The Arbitrator mandates the Center to collect the sums owed him by the Parties and corresponding to his fees.
The Arbitrator’s fees will be paid to him by the Center by wire transfer, within 15 days of the publication of the Award on the Website, after deduction of the Center’s fee as per the the Tariffs and under the condition that the corresponding invoice has been sent by the Arbitrator. In the event of the challenge of an Arbitrator, the fees will be paid in full to the Arbitrator publishing the Award on the Platform.
5.4. Confirmation of Payment – Billing
When the Center receives payment, it commits to confirming receipt to the Claimant by email, within 24 hours at most. Within the same timeframe, the Center commits to sending to the Claimant an email containing an order summary, confirming the processing of the order and containing all the related information.
The Center will send or make available to the Party a bill by email after each payment. The Party expressly accepts to receive the bills by email.
The dates of payment convened upon may not be postponed under any pretence, even in the event of a dispute.
Any unpaid sum at its due date will give rise, by right and without prior notice, to the application of late fees calculated on the basis of 3 times the French legal interest rate. The application of late fees shall in no event mean that the sums owed in principal are no longer due.
Furthermore, any delay in payment will result in the billing to the defaulting Party of recovery costs amounting to 40 euros, in all the sums still owed being immediatly due whatever the due date convened beforehand, in these sums being raised by 20 % by way of a penalty clause, and in the possibility to rescind the contract unilaterally due to the Party’s own fault.
ARTICLE 6. ONLINE WORKSPACE
6.1. Creation of the Online Workspace
The creation of an online workspace is an essential prerequisite to any use of the Platform. To this end, the User is invited to provide certain personal information. Some of this information is deemed indispensable for the creation of the online workspace. The User’s denial to provide the said information will impede the creation of the online workspace and, incidently, the use of the Platform.
When creating the online workspace, the User is asked to provide a password. This password constitutes a guarantee of the confidentiality of the information contained by the personnal workspace. The User commits to not forwarding it or communicating it to a third party. Should the User fail to comply, the Center cannot be held liable for any unauthorized access to the User’s online workspace.
The User commits to regularly verifying the information concerning him and to proceed online, from his workspace, to making the necessary updates and modifications.
6.2. Content of the Online Workspace
The online workspace allows Users to build their case, and then to participate in the arbitration proceedings on the Platform.
The webpages of the workspace are freely printable by the holder of the account in question, but do not constitute evidence admissible by a court. The sole purpose of these webpages is to provide information intended to ensure an efficient administration of its orders by the User.
The Center commits to preserving securly all the contractual elements whose preservation is required by the law or regulation in force.
6.3. Deletion of the Online Workspace
The Center reserves the right to delete any User’s account that contravenes to the present general conditions, particularly when the User provides information that is incorrect, incomplete, misleading or fraudulent, and when the workspace has remained inactive for at least a year. The said deletion cannot constitute a fault by the Center or a loss for the excluded User, who will hence not be able to claim any damages.
This exclusion is without prejudice to the possibility for the Center to undertake legal proceedings against the User when the facts justify them.
ARTICLE 7. THE CENTER’S LIABILITY
7.1. The Nature of the Center’s Obligations
7.1.1. Provision of Arbitration Organisation Services
The Center commits to taking the necessary care and diligence for the provision of arbitration organisation services in the sens of article 1450 of the French Code of civil procedure corresponding to the specifications of the present general conditions. The Center will not be liable for the arbitration services provided by the Arbitrators.
The Center is only subject to an obligation of means concerning the services covered by the present general conditions.
7.1.2. Provision of an Electronic Platform
Under the present General conditions the Center acts as a totally neutral simple technical provider providing Users with an online electronic platform. The Center will therefore have the status of host of the data exchanged between Users via the Platform under their own responsibility.
The Center will therefore not be liable under criminal or civil law as a consequence of this data, unless, from the moment it has had knowledge of the illicit activity or information, it has not acted promptly to withdraw this information or blocked its access.
7.2. Force majeure – The User’s Fault
The Center will not be liable in the event of force majeure or of the User’s own fault, as defined by the present article:
7.2.1. Force majeure
Under the present general conditions, a case of force majeure opposable to the Users is understood to be any impediment, limitation or disturbance of the Service arising from a fire, an epidemic, explosion, earthquake, variations of the bandwidth, default of the internet service provider, failure of the data networks, collapse of the installations, illicit or fraudulent use of passwords, codes or references, hacking of a security vulnerability imputable to the Website host or IT developers, flood, power cut, war, embargo, law, injunction, demand or requirement by any government, requisition, strike, boycott or other circumstance beyond the reasonable control of the Center. Under such circumstances, the Center will be excused from the execution of its obligations within the limit of this impediment, limitation or disturbance.
7.2.2. User’s Fault
Under the present general conditions, will be considered a fault from the User’s part and opposable to him any improper use of the Service, fault, negligence, omission or default from his part or from his employees, non-compliance with the advice given by the Center on its Website, any disclosure or illicit use of his password, codes and references, and filling out incorrect information and not updating this information on his online profile. Will also be considered a fault by the User, the implementation of a technical process, such as bots, or automated requests, whose use would violate the letter or spirit of the present general conditions of service.
7.3. Technical Problems – Hyperlinks
In the event that the Website is inaccessible, due to technical problems of any nature, the User will not be able to invoque a loss and will not be able to claim damages. The unavailability, even a prolonged one and without any limitation, of one or more online services, cannot constitute a loss for the Users and cannot give way to the awarding of damages by the Center.
The hyperlinks present on the Website may connect the User to other websites. The Center cannot be liable if the content of theses websites violates the existing legislation. Likewise, the Center cannot be liable if visiting one of these websites causes the Web User a prejudice.
7.4. Damages Payable by the Center
The Center’s liabiliy is limited to the direct, personal and certain loss suffered by the User and linked to the failure at issue. The Center will not be liable for indirect losses such as, the loss of data, commercial prejudice, loss of orders, deterioration of the brand’s image, commercial disturbances and the loss of profits or clients. Likewise and within the same limitations, the level of damages payable by the Center cannot, in any event, be in excess of the price paid by the Party.
ARTICLE 8. GENERAL PROVISIONS
8.1. Applicable law
French law is applicable to the present general conditions.
Any dispute arising from the present general conditions and not settled amicably between the parties will have to be brought to a prior mediation.
8.3. Modification of the Present General Conditions
The present General Conditions may be modified at any time by the Center. The General Conditions applicable to the Users are those in force on the day of their connection on the present Website, any new connection to the Online Workspace implying the acceptance of the new General Conditions if any.
If any of the provisions of the present contract are voided in part or in full, the validity of the remaining provisions of the contract or the contract in full will not be affected and shall retain their full force and effect. In this case, the parties will, if possible, replace this voided provision by a valid provision corresponding to the spirit and the object of the Contract.
The non-exercise by the Center of his rights under the present Contract cannot be in any way interpretated as a waiver to enforce these rights.
8.6. Language of the Present General Conditions
The present general conditions are offered in English.
ARTICLE 1. DEFINITIONS
« Center » : Digital Institute of Arbitration and Mediation SAS, acting as head of publication of the Website.
« User » : Any person, whether natural or legal, under private law or public law, residing in French territory connecting to the Website.
« Website » : Website accessible at the URL www.fast-arbitre.com, as well as the sub-sites, mirror sites, portals and variations of URLs relating thereto.
ARTICLE 2. SCOPE OF APPLICATION
Clicking the aforementioned button will be deemed to have the same value as a handwritten signature from the part of the User. The User acknowledges the proof of the Center’s automatic registration systems and, except if he proves the contrary, waives the right to contest them in the event of a dispute.
Acceptance of this policy requires the Users to have the necessary legal capacity to do so, or that they have the authorization of a tutor or curator if they do not have this capacity, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal person.
ARTICLE 3. INTELLECTUAL PROPERTY
3.1. Legal Protection of the Contents of the Website
The content of the Website may be protected by intellectual property law. Any unauthorized representation, reproduction, translation, adaptation or transformation, carried out illegally and without the consent of the Center or its successors or successors in title, constitutes a violation of the French Code of Intellectual Property and may give rise to legal proceedings for counterfeiting.
3.2. Contractual Protection of the Contents of the Website
The User commits contractually, in respect of the Center, not to use, reproduce or represent, in any way whatsoever, the contents of the Website, whether or not they are protected by an intellectual property right, to an end other than that of their reading by a robot or a browser. This prohibition is not applicable to indexing robots whose sole purpose is to scan the content of the site for indexing purposes.
ARTICLE 5. INFORMATION TECHNOLOGIES AND LIBERTIES
5.1. CNIL Declaration – Responsible for Processing
The Center’s file containing the personal data of the Users has been subject to a declaration to the National Commission of Data Processing and Freedoms (CNIL) registered under No 1988225v0.
5.2. Optional Nature of the Provision of Data
Users have the right to provide personal information concerning themselves. The provision of personal information is not essential for browsing on the Website.
5.3. Necessary Supply of Data for Registration
On the other hand, the registration on this Webite presumes the collection by the Center of a certain number of personal information concerning Users. Those not wishing to provide the information necessary for registration will not be able to place an order on this Website.
5.4. Compliance With the Objective of the Collection of Personal Data
The personal data collected is subject to computer processing and is reserved exclusively to the Center. The data collected is necessary for the proper administration of the Website, as well as for the Center to comply with its contractual obligations. This data is retained by the Center in this unique quality. The Center agrees not to use it in any other framework or to transmit it to third parties, except by express agreement of the Users or in the events provided for by law. The personal data collected is not transferred abroad.
5.5. Right of Access, Rectification and Opposition
The contact details of all Users registered on this Website are saved for a reasonable period necessary for the good administration of the Website and for normal use of the data. This data is kept under secure conditions, according to the current means of the technique, in compliance with the provisions of the French Data Protection Act of 6 January 1978.
In accordance with the latter, Users have the right to object, query, access and rectify the data they have provided. To do so, all they have to do is contact the Center, by writing to the following e-mail address: firstname.lastname@example.org or by post to the address of the Center’s corporate office.
ARTICLE 6. SECURITY
Our infrastructure is ISO 27001, HIPAA, FedRAMP, SOC 1 and SOC 2 certified. Based on the Azure cloud from Microsoft, we guarantee a service of quality but above all a security effort of the highest level. From data encryption when passing through SSL to storage and managing backups on multiple servers in daily replication, Microsoft Azure ensures both the confidentiality and the security of your data.
ISO 27001: Corresponds to a set of safety standards applied both to the infrastructure and to the response time in the event of an incident. There are now 114 checks to pass in order to obtain this certification.
HIPAA: A standard created for the medical community, HIPAA ensures the confidentiality of the data, guaranteeing access to the data only to the persons holding rights on this data, but also security in terms of protection of information (physical and technological).
FedRAMP (Federal Risk and Authorization Management Program): a cloud-specific state security standard (USA) that guarantees the security of the cloud. It certifies a very high level of security and brings good practices to the cloud world such as real-time monitoring of infrastructures and data.
SOC1 and 2: standard guaranteeing the availability of the service over a long period. The different points covered by this standard now make it possible to assert an SLA of 99.9% of our servers.
ARTICLE 8. PARTNER’S NEWSLETTERS
The User who has accepted the communication of personal data, and in particular his e-mail address, to third party partners of the Website may receive newsletters issued by these partners, commercial or not, at frequencies and in the forms determined by such partners.
The User has the possibility to unsubscribe at any time by clicking on the link provided for this purpose, present in each of the newsletters issued by the said partners. Failing this, the User has the possibility to unsubscribe by directly contacting the issuer(s) of the said newsletters.
The Center shall under no circumstances be held liable for the content, data or forms of the newsletters sent by such partners, irrespective of the harm that would have been suffered by the User. Any complaint must be directly addressed to the partner having published the newsletter.
WHAT IS A COOKIE ?
A cookie is a small file containing textual information. It is stored on your terminal (computer, tablet, smartphone…) via your browser, by the website you are visiting.
Some cookies are essential to the proper functioning of our website and allow you to use the functionalities (access to the customer account, recording of completed data, access to invoices, etc.). Without these cookies, you will not be able to use our site in a functional way.
Other cookies are used to evaluate the use and performance of our platform. They allow us to improve its operation, identify malfunctions and improve your user experience.
In accordance with the data protection laws, your consent to the collection of cookies is valid for 13 months.
You can configure your browser (Internet Explorer, Edge, Firefox, Google Chrome, Safari, Opera…) to manage cookies. The settings are specific to each browser.
You can also use a platform dedicated to cookie management.