PREAMBLE
This agreement governs the use of the management and booking platform developed and operated by Réservation PRESENCE.
Definitions
Client: Any individual or legal entity using the Réservation PRESENCE platform.
Réservation PRESENCE: The company operating the platform and providing the services described in this agreement.
PRESENCE Payment Portal: An optional service operated by Réservation PRESENCE allowing the Client to receive and manage online payments under the terms set out in this agreement.
Payment Portal: The platform enabling the Client to receive online payments.
Billing Cycle: A period corresponding to two weeks of transactions.
Compensatory Fees: Amounts charged to cover costs associated with disputes and incidents.
Reserve: Amount withheld in cases of recurring disputes.
Dispute: Any claim or disagreement arising between a user and a third party (Client or card issuer) regarding a transaction processed through the PRESENCE Payment Portal. This may include claims for unauthorized payments, services not rendered, or goods not delivered.
1. CONFIDENTIALITY NOTICE
1.1 As long as payments related to the booking platform are made on time, Réservation PRESENCE agrees to provide the expected service.
1.2 Réservation PRESENCE agrees to uphold the service guarantee described in Section 4 of this agreement. 1.3 Réservation PRESENCE provides technical support:
- Emergencies: Monday to Sunday, 7:00 a.m. to 9:00 p.m.
- Non‑urgent cases: Monday to Friday, 8:00 a.m. to 5:00 p.m. (excluding holidays).
1.4 Réservation PRESENCE compiles usage data to improve the platform. This data is treated confidentially. However, the company cannot be held responsible for data breaches beyond its control.
1.5 Transactions are processed by an external provider. The Client must therefore refer to that provider’s terms and conditions.
1.6 Réservation PRESENCE is not responsible for errors, fraud, or issues related to the external payment portal.
1.7 In the event of a major bug causing an outage of more than 24 hours, an Excel file containing the reservations will be provided to the Client (without automatic import).
2. CLIENT RESPONSIBILITIES
2.1 The Client must provide all necessary content (texts, images, information).
2.2 The Client assumes full responsibility for the content displayed.
2.3 The Client agrees to pay all costs outlined in Section 8.
2.4 The Client must provide the information required to process payments.
2.5 The Client must keep their information up to date.
2.6 The Client must indemnify Réservation PRESENCE in the event of lawsuits, claims, or damages arising from their use of the platform.
2.7 The Client must back up their data to prevent loss.
3. FORCE MAJEURE
3.1 Neither party is liable if non‑performance results from an event beyond their control (fire, natural disaster, strike, war, power outage, etc.).
4. SERVICE GUARANTEE
4.1 Réservation PRESENCE is responsible for the quality and proper functioning of the platform unless the issue arises from:
a) the configuration of users’ computers, b) improper use by the Client, c) an external service.
4.2 Réservation PRESENCE does not guarantee uninterrupted service but agrees to restore service within a reasonable timeframe.
4.3 No compensation is owed for loss of revenue or opportunities resulting from an interruption.
5. TERMINATION OF AGREEMENT
5.1 The agreement may be terminated without fees if any clause is not respected.
5.2 Réservation PRESENCE may terminate the agreement if the Client fails to provide required content or collaboration within one month.
5.3 The Client may terminate the agreement at any time in writing. Payments already made are non‑refundable.
5.4 Réservation PRESENCE also reserves the right to terminate the agreement at any time, without notice.
5.5 Réservation PRESENCE may terminate the agreement in cases of illegal, obscene, defamatory, or fraudulent content.
5.6 After termination, the Client has 30 days to request a backup of their data. After this period, the data may be permanently deleted.
6. COPYRIGHT
6.1 The PRESENCE platform is the exclusive property of Réservation PRESENCE.
6.2 The Client agrees not to access, use, modify, or reproduce the source code.
7. PENALTIES
7.1 Late payment: 2% per month (24% annually).
7.2 Returned check: $100 penalty.
8. FEES (plus applicable taxes)
8.1 Fee per invoice created: $0.50 (excluding payment provider fees).
8.2 Fee per transaction: 1%, in addition to the fees charged by the payment portal used.
8.3 Foreign currency conversion: applicable banking fees.
8.4 Payment methods:
- Invoices and transactions: credit card or pre‑authorized bank debit (powered by Stripe through the billing center in your admin dashboard).
8.5 Fees must be paid within 7 days of billing.
8.6 A written or verbal agreement with Réservation PRESENCE may override the fees listed in this section.
8.7 Fees related to the PRESENCE Payment Portal are optional and apply only if the Client has activated this service through a specific agreement with Réservation PRESENCE.
8.8 A fee of $0.25 per new client created may be charged. This service is optional and applies only if requested by the Client or activated by agreement with Réservation PRESENCE.
9. PRESENCE PAYMENT PORTAL
9.0 The PRESENCE Payment Portal is an optional service offered by Réservation PRESENCE. It applies only if a written or verbal agreement is in place between the Client and Réservation PRESENCE.
9.1 Financial Terms
9.1.1 Funds collected through the PRESENCE Payment Portal will be automatically deposited into the Client’s bank account according to the provided payment schedule. Deposits occur every second Wednesday for the previous billing cycle.
9.1.2 The following fees will or may be automatically deducted at the time of deposit:
- Fees associated with the PRESENCE Payment Portal and Réservation PRESENCE
- Compensatory fees in the event of a dispute
- In cases of dispute, fraud, or stolen card: a fixed fee of $40
- For refunds: the first 50 refunds per billing cycle are covered by the PRESENCE Payment Portal; an additional $0.50 fee applies to each additional refund
9.1.3 For payments made in multiple installments, a fixed fee of $0.30 will be charged per installment.
9.1.4 Transactions made with international cards are subject to a 2% fee on the transaction amount to cover currency conversion and associated costs.
9.2 User Responsibilities
9.2.1 The Client accepts full responsibility and agrees to assume all inherent fees in cases of fraud, disputes, or use of stolen cards for transactions processed through the Portal.
9.2.2 If a Client’s account generates a high number of disputes, the PRESENCE Payment Portal reserves the right to withhold a reserve of 10% of the revenue generated through the portal.
9.2.3 The Client agrees to submit any documents required for identity verification at any time upon request.
9.3 Security and Data Protection
9.3.1 The PRESENCE Payment Portal complies with applicable laws and regulations regarding confidentiality and data protection.
9.3.2 Client information may be shared with third parties, such as service providers, regulatory authorities, or law enforcement, for the prevention or investigation of criminal offenses, including fraud.
9.3.3 Applicable laws require certain communications to be made in writing. The Client agrees to receive such communications electronically, which will carry the same legal value as written correspondence.
9.4 Provider Liability Limitations
9.4.1 The PRESENCE Payment Portal cannot be held liable for losses or damages resulting from:
- Fraudulent or abusive use of services related to a Client
- Delays or interruptions caused by factors beyond its control (force majeure)
9.5 Governing Law and Dispute Resolution
9.5.1 This agreement is governed by the laws of the Province of Québec.
9.5.2 Any dispute arising from this agreement shall be submitted to the exclusive jurisdiction of the courts located in the judicial district of Chicoutimi.
10. DATA MANAGEMENT AND CONFIDENTIALITY
10.1 Réservation PRESENCE backs up all platform data daily.
10.2 Certain data may be shared with third parties to improve the platform.
10.3 Upon termination, data is deleted or archived.
10.4 A copy of reservations will be provided to facilitate migration to another platform.
11. LIMITED LIABILITY
11.1 Réservation PRESENCE reserves the right to modify the platform without notice.
11.2 If an update presents a significant risk, a newsletter will be sent to Clients.
12. SERVICE MODIFICATION
12.1 Non‑exclusive, non‑transferable license.
12.2 Duration: indefinite, as long as the Client uses the platform.
12.3 The agreement may be adjusted by Réservation PRESENCE with 30 days’ notice.
12.4 Any modification to fees (Section 8) must be communicated to the Client with 30 days’ notice.
13. DELIVERABLES
13.1 Platform usage license.
13.2 Initial integration (3 hours) + data transfer (1 hour depending on structure).
13.3 One‑hour training session on platform use.
13.4 Additional requests: $200/hour.
13.5 Support included as per Section 1.
14. LICENSE, TERM, AND CONFIDENTIALITY
14.1 This document is confidential and may not be shared without authorization.
14.2 In case of transmission error, reading and distribution are prohibited.
15. GOVERNING LAW
15.1 This agreement is governed by the laws of the Province of Québec and Canada.
15.2 Any dispute will be brought before the judicial district of Chicoutimi.
16. IMPLIED ACCEPTANCE
16.1 This agreement does not require a formal signature.
16.2 The Client acknowledges that using the PRESENCE platform constitutes full acceptance of the terms of this agreement.
16.3 Continued use of the platform after a modification communicated by Réservation PRESENCE also constitutes acceptance of the new terms.