SAS DigiCoachMe
Version: 1.0
Effective from: 28/02/2024
These Coach Terms and Conditions of Sale (hereinafter the “Coach Terms” or the “Conditions”) are entered into between:
on the one hand,
on the other hand.
These Coach Terms govern the B2B relationship between DigiCoachMe and the Coach regarding professional use of the platform. They are distinct from the Terms of Use and Sale (Terms) applicable to the relationship between DigiCoachMe and individual Clients.
These Coach Terms comply with Regulation (EU) 2019/1150 of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter the “P2B Regulation”).
The Coach declares having read these Coach Terms and accepted them by validating the registration form provided for this purpose on the Platform.
These Coach Terms set out the conditions under which DigiCoachMe makes its Platform available to the Coach, namely an intermediation and matchmaking service with individual Clients, in consideration for a commission.
DigiCoachMe acts exclusively as a technical intermediary. The Company is not a party to the service contract concluded between the Coach and the Client. The Coach remains solely responsible for the performance of the Service and all resulting obligations.
In consideration of the Commission defined in Article 6, DigiCoachMe provides the Coach with the following services:
DigiCoachMe provides these services as a best-efforts obligation. No service level agreement (SLA) is contractually guaranteed. The Platform may be temporarily unavailable for maintenance or due to force majeure.
Registration as a Coach requires the cumulative compliance with the following conditions:
DigiCoachMe reserves the right to request, at any time and notably at registration, any supporting document attesting to compliance with the conditions of Article 4.1.
As long as the required supporting documents are not provided, the Coach Account remains in “unverified” status, which may limit visibility in search results and access to certain features.
The Coach undertakes to provide accurate, complete, and up-to-date information on their profile, prices, and the nature of Services offered. The Coach updates this information without delay in case of any change.
Upon registration, a Stripe Connect Account is automatically created in the Coach's name. This account allows the receipt and management of Client payments.
The Coach must complete the identification process (KYC — Know Your Customer) imposed by Stripe to activate their account. Until this process is completed, the Coach cannot receive payments.
Relations between the Coach and Stripe are governed by Stripe's terms of service available at https://stripe.com/connect-account/legal. Stripe acts as an authorized payment service provider and as an independent data controller for data processed in this context.
DigiCoachMe charges a commission of 8% of the pre-tax (HT) price of each Service actually performed and paid by a Client through the Platform.
This Commission is owed in consideration of the services described in Article 3.
The Commission is deducted automatically from each transaction via the Stripe Connect system. The Coach receives the net amount of the Service, i.e. the price paid by the Client minus:
DigiCoachMe issues a monthly summary invoice covering all Commissions deducted during the past month, sent to the Coach by email and accessible from their personal area.
DigiCoachMe is currently placed under the VAT exemption regime for small businesses (Article 293 B of the French General Tax Code). Invoices are issued exclusive of VAT (HT) and bear the mandatory mention “TVA non applicable, art. 293 B du CGI” (VAT not applicable).
In the event the legal thresholds are exceeded leading to VAT registration, DigiCoachMe will inform Coaches by email with reasonable notice, and invoices will then be issued inclusive of VAT (TTC) at the applicable rate (20%).
The Coach is solely responsible for the accounting and tax treatment of their own services invoiced to Clients. They issue, where applicable, their own invoices to Clients in accordance with their obligations.
Payments received from Clients are deposited in the Coach's Stripe Connect Account. Payouts to the Coach's personal bank account are made according to a default frequency of D+7.
The Coach can configure the payout frequency and threshold directly in their Stripe Connect area, within the limits provided by Stripe.
DigiCoachMe may not, under any circumstances, retain, confiscate, or dispose of funds belonging to the Coach.
The Coach declares and warrants:
The Coach undertakes to:
The Coach undertakes to provide the Client with all useful information before and after the Service: prerequisites, required equipment, location, specific recommendations.
The Coach is free to offer their services on other platforms or channels of their choice (personal website, other marketplaces, direct prospecting). No exclusivity clause is imposed.
The Coach is, however, prohibited from diverting Clients met through the Platform in order to deal with them outside the Platform. This prohibition includes:
This obligation applies for the entire duration of the Coach's registration on the Platform.
Any breach of Article 9.2 will result in the immediate suspension of the Coach Account, without notice or compensation, as well as the invoicing to the Coach of the commercial loss suffered by DigiCoachMe (amount of Commissions that should have been received on the diverted Services), in accordance with the principle of full reparation.
Clients may leave reviews and ratings after each Service. These reviews are published on the Coach's profile. DigiCoachMe reserves the right to moderate reviews that are manifestly abusive, false, or unlawful.
In case of termination of the Coach Account, Client reviews remain visible on the Platform for editorial transparency purposes, with the Client's name anonymized. The Coach expressly accepts this retention, which is a necessary condition to maintain the consistency and reliability of the Platform.
During the life of the account, the Coach may at any time download an export of their data (history of services, reviews received, invoices) from their personal area.
In case of termination, the Coach's personal data is anonymized or deleted within a reasonable time, subject to legal retention obligations (notably 10 years for accounting records).
DigiCoachMe may immediately suspend the Coach Account, without notice, in the following cases:
Outside the cases of Article 11.1, DigiCoachMe may terminate the Coach Account with a 30-day notice, notified by email, in accordance with Article 4 of the P2B Regulation.
Any suspension or termination is the subject of a written justification sent to the Coach by email, indicating:
This justification complies with the requirements of Article 4 of the P2B Regulation.
Upon suspension or termination by DigiCoachMe:
The Coach may terminate their account at any time, without notice and without fees, from their personal area or by email at Privacy@digicoachme.com. No minimum commitment period is imposed.
The Coach undertakes to honor all Services already booked at the time of the termination request, unless agreed with the Client for cancellation and refund.
The Coach has a period of 30 days from termination to transfer the balance of their Stripe Connect Account to their personal bank account via Stripe tools.
After this period, DigiCoachMe may dissociate the Stripe Connect Account from the Platform. The Coach retains all rights over the funds held by Stripe, which will then be processed directly by Stripe under its own terms of service.
DigiCoachMe may not, under any circumstances, confiscate, retain, or keep for its benefit any sums belonging to the Coach.
In accordance with Article 11 of the P2B Regulation, DigiCoachMe makes available to the Coach a free internal complaint-handling system, accessible:
The Coach may file a complaint relating in particular to:
Any complaint receives a reasoned response within a maximum of 30 days from its receipt. Processing is free.
DigiCoachMe publishes an annual report on the operation of this system, in accordance with P2B requirements.
DigiCoachMe reserves the right to modify these Coach Terms. Modifications are notified to the Coach by email at least 15 days before they take effect, in accordance with Article 3 of the P2B Regulation.
Within this period, the Coach may terminate their account without fees or compensation if they refuse the new conditions, by notifying their refusal in writing to DigiCoachMe.
Otherwise, continued use of the Platform after the new conditions take effect constitutes acceptance.
DigiCoachMe processes the Coach's personal data in accordance with the GDPR and the Privacy Policy available on the Platform.
The Coach has access to Client data only to the strict extent necessary for the performance of Services. The Coach is prohibited from:
Failure to comply with these obligations engages the Coach's liability and may result in immediate suspension under Article 11.
The “DigiCoachMe” trademark, logo, graphic elements of the Platform, and the entire source code are the exclusive property of DigiCoachMe. Any unauthorized reproduction is strictly prohibited.
The Coach remains the owner of the content they publish on the Platform (service descriptions, photos, videos, biography).
The Coach hereby grants DigiCoachMe a non-exclusive, free, worldwide license, for the duration of the contract, to use, reproduce, represent, and adapt this content for the operation and promotion of the Platform.
At the end of the contract, DigiCoachMe ceases active use of the content, except for elements archived for evidence purposes.
DigiCoachMe acts as a technical intermediary. Its liability cannot be engaged:
The Coach is fully responsible for the Services they provide to Clients. The Coach indemnifies DigiCoachMe against any action, complaint, or claim from Clients or third parties related to the performance of their Services, in particular in case of bodily injury.
Neither party shall be held liable for any breach of its obligations resulting from a case of force majeure as defined in Article 1218 of the French Civil Code.
These Coach Terms are governed by French law. They are written in French; in case of translation, only the French version prevails.
Any dispute is subject, prior to any legal action, to a search for an amicable solution via the internal complaint-handling system provided in Article 13.
Failing amicable resolution, the Coach may resort to a specialized Platform-to-Business mediator, in accordance with Article 12 of the P2B Regulation. DigiCoachMe designates the following mediators, among those listed by the European Commission:
DigiCoachMe undertakes to participate in good faith in any mediation initiated by the Coach.
Failing amicable resolution or mediation, and notwithstanding plurality of defendants or warranty claims, any dispute will be subject to the exclusive jurisdiction of the Arras Commercial Court.