Subject:
This contract determines the general and specific conditions according to which an audiotel or telephone service company provides a connection service between a “Professional Practitioner” of the divinatory arts and people wishing clairvoyance consultations or private life advice by telephone.
Between the undersigned:
1- The company ………………with capital of…………….., Whose head office is located …… …………… Registered in the Trade and Companies Register under No. …………… Represented by Mr …….. acting in his capacity as……………..
And
2- Miss, Mrs, Mr. ………………………………………………………………………………
Said the INDEPENDENT WORKER, acting in his personal name, as a Professional Practitioner: Psychic – Medium – Astrologer – Numerologist - other………………..
Remaining…………………………………………………………………………………………………
Tel. (home): …………………… Mobile: ………………..…Fax………………..…..
Email……………………………………..
SIRET N°:…………………………………or RCS N°……………………………………………
Terms & Conditions:
Miss, Madam, Sir, …… ……said the self-employed worker designated above, is a natural person carrying out a non-salaried activity, of an artisanal, commercial or liberal nature, and is legally registered with the Chamber of Commerce and Industry, or the Chamber of Trades, depending on the nature of their activity.
(The company)…………………….is a service company which has means of communications for which it ensures the proper functioning and security. The company ……………………makes its services available to clients who wish to benefit from clairvoyance consultations and private life advice from the Professional Practitioner. The company ensures that these services meet the needs of the Professional Patrician.
The company ……………………must ensure that people desiring clairvoyance consultations or private life advice by telephone are at least 18 years old and have legal capacity, or hold parental authorization allowing them to use the services of the Professional Practitioner of divinatory arts.
It has been agreed and accepted between the signatory parties hereto that the independent worker indicated above, called “Professional Practitioner” acknowledges on his honor having sufficient skills and experience to provide clairvoyance and privacy advice consultations. The Professional Practitioner undertakes to respect the Moral and Professional Charter of Ethics of the Association of the National Institute of Divinatory Arts (INAD). The provisions of this Charter are neither exhaustive nor restrictive. The Charter will be annexed to this contract.
The company ……..which hires the services of the independent worker known as “the Professional Practitioner” will spare no effort to ensure the credibility of the Professional Practitioner. The company ……………undertakes to verify the information and declarations provided by the Professional Practitioner. Failing this, the liability of the said company and that of its legal representative would be incurred both civilly and criminally in the event of an offence.
Connection:
The purpose of this contract is to make available to the independent worker Miss, Madam, Mr. ……… above called “Professional Practitioner”, in addition to his daily activity and his usual operation, a clientele of consumers who will have called on the company …………….. with a view to obtaining clairvoyance consultations or private life adviceby telephone.
It is specified that Miss, Madam, Mr.………….organizes his work freely, outside of any relationship of subordination, failing which he is considered as an employee of the company………..
This connection will be made under the conditions set out below.
Responsibility of the company……………: The company… may use various people (employees, professionals and/or service providers) to carry out its missions All of these people are strictly subject to the obligation to respect professional secrecy as set out in the Moral and Professional Charter of Ethics proposed by the INAD Association.
The company …………… undertakes to respect the prior declaration obligations provided for by law, in particular the prior declaration to the CNIL (Commission Nationale Informatique et Liberté) of the structures of the file(s) used for the management of telephone calls received.
It is up to the company ……… to ensure the confidentiality of data concerning people wishing clairvoyance consultations or private life advice by telephone.
The company ……….. must keep the passwords and access codes granted to the Professional Practitioner strictly confidential.
The company ……………will provide the Professional Practitioner with a scheduling system (or an online interface) so that the latter can manage the reception of customer calls and take note of the queue and statistics by section.
The company ……..will be solely responsible for any malfunctions of the audiotel system.
Responsibility of the Professional Practitioner:
The independent worker, known as the “Professional Practitioner”, hereby undertakes on his honor to be in good standing with the tax and social administrations and to pay directly all charges and taxes relating to his professional activity in the field of divinatory arts.
The “Professional Practitioner” undertakes to provide the telephone consultation service for which the company ……………. has made available to him a schedule and for which the Practitioner has given his agreement in writing.
The “Professional Practitioner” undertakes to provide a consultation, according to the best criteria used in the profession and with all reasonable care possible, to any consumer regardless of their race, political opinion or religion.
The “Professional Practitioner” is solely responsible for the progress and content of the consultations he gives to consumer clients.
The “Professional Practitioner” having agreed to collaborate with the company….. undertakes not to offer the clientele with whom he will be put in contact in application of this agreement, any illicit service or practices and he undertakes in particular never to propose the carrying out of secret work and, in general, never to use the fear or fragility of the client.
Under no circumstances should he encourage him to carry out regular consultations with him or the company….
The “Professional Practitioner” may not in any way and in any form cause the company to be held responsible, engage or allow it to be assumed, vis-à-vis the consumer consultant, or any other person, due to the clairvoyance or privacy advice consultations over which he alone has control with the person(s) concerned.
The “Professional Practitioner” expressly refrains from subsequently establishing arelationship with the client with a view to a new service for the entire contractual period binding him to the company….. .
If necessary, he must again ask the customer to contact the company ……………with a view to further contact.
Any infringement of this rule constitutes unfair competition which may result, at the discretion of the company, in …………. the immediate termination of this contract, and in the event of abuse against the client, the professional practitioner will bear full responsibility both civilly and criminally, as the case may be.
In the event of a dispute by the client or any dispute between the client and the Professional Practitioner, the latter must manage the said dispute under his own responsibility and ultimately, he must inform the company…….. which must find a solution to resolve the dispute, in accordance with the rules set out in the Moral and Professional Code of Ethics.
The Professional Practitioner cannot be held responsible for an inability to connect due to external causes, such as a partial or total failure of the telephone network, a failure of the voice resource provider (the telephone operator) or an EDF power outage.
The Professional Practitioner provides no guarantee regarding the ability of the service to achieve the objectives that the client has set in terms of consultation and payment of fees, in particular by the telephone operator.
Remuneration for the services of the Professional Practitioner:
It must be clearly notified to the “Professional Practitioner” of the divinatory arts that there will be no link of subordination whatsoever, with respect to the company…… and that his collaboration with said company is a daily collaboration and complementary to his activity as an independent worker as a professional practitioner in the field of divinatory and related arts, which brings him additional activity through a potential clientele of which the company ………………… retains the management, which is formally accepted by the “Professional Practitioner”.
The Professional Practitioner having agreed to collaborate with the company……………. will be paid exclusively for the hour of attendance, at the hourly minimum wage rate, excluding tax, for each time slot, i.e.: - 9 a.m. to 9 p.m.: eight euros and eighty-four cents (8.84) euros excluding tax - 9 p.m. to Midnight: sixteen (16) euros excluding tax. - Midnight at 6 a.m.: twenty-six (26) euros excluding tax.
At the end of each month, the company …… prints and sends to the Professional Practitioner a statement of all of its telephone services received on the telephone number used for telephone consultations, in order to enable the Professional Practitioner to prepare his invoice.
The company………. must pay the services of the Professional Practitioner signatory hereto no later than the 5th of each month following the sending of said invoice, by bank check or by transfer at the choice of the interested party.
How the telephone connection service works:
Hereby, the company ……………..grants to the independent worker called the Professional Practitioner the personal, non-transferable and non-exclusive authorization and right:
- to use a landline telephone, the number of which must not be hidden and must not have double calls in order to avoid interference during telephone consultations
- to benefit for this purpose from reception andtelephone management of the company …………… which has an electronic telephone switchboard and a computer system allowing calls to be received, transferred and managed on the telephone lines of its switchboard
Consultation and duration:
Any person who calls on the company….. for clairvoyance services or private life advice, has the possibility of consulting a Professional Practitioner of their choice, the duration of which cannot be less than 10 minutes at least to obtain the answer to one (1) question and thirty (30) minutes to sixty (60) minutes for a complete consultation.
The Professional Practitioner must clearly and in advance specify to the client the duration of a consultation.
The duration of the consultation is at least 10 minutes. At the end of this time it is up to the professional practitioner to answer the client’s question. When the 10-minute time limit has expired, the professional must inform his client and end the consultation. The same applies to any other consultation lasting more than 10 minutes (unless agreed between the professional and his client)
The Professional Practitioner must inform the client when the consultation period has expired and communication must be interrupted.
Duration of contract and termination
This contract is concluded for a period of (…month, year)……. from the date of its signature.
It is tacitly renewed for a new period of (… month, year)….. without new signatures of this contract.
Either party may, however, terminate this contract, without having to justify itself, by letter with acknowledgment of receipt, subject to one month’s notice from receipt of the termination letter.
Furthermore, in the event of failure by one of the parties to fulfill the obligations set out in this agreement, the other may terminate this contract without notice.
In the event of a dispute over the interpretation of this contract, the company …………….. and the Professional Practitioner agree that their dispute will be submitted to the commercial court of the head office within the jurisdiction of the company …………………
Made in duplicate
At ……………………………, On……………….
For society…………… The Professional Practitioner…………… / The manager…………… ……………………………
GOOD FOR AGREEMENT READ AND APPROVED
Stamp, date and signature Stamp, date and signature
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