GENERAL CONDITIONS DIGITAL DISTRIBUTION
These general conditions define the terms of the relationship between DIBSTEUR S.à.r.l, a company incorporated under the laws of Luxembourg, whose registered office is located at 5 Pl. de la Gare, 1616 Luxembourg, Luxembourg Trade and Companies Register No. B254823 (hereinafter referred to as “Dibsteur”, “we”, “us” or “our”) and any person (hereinafter referred to as the “Contractor”, “they”, “them”, “their”) who uses the website “dibsteur.com” (hereinafter referred to as the “Site”) and the services offered on the Site.
These terms and conditions shall hereinafter be referred to as the “Contract”.
Contact details of Dibsteur S.à.r.l
Postal address: 5 Pl. de la Gare, 1616 Luxembourg
1. “Recording”: phonogram and/or videogram reproducing the performance of a musical work with or without lyrics.
2. “Visual”: file reproducing the front cover of the Contractor’s Recordings and/or logos and/or photos and/or illustrations relating to Contractor’s Recordings.
3.”Digital Content”: Contractor’s Recordings and related Visuals.
4. “Supply”: delivery to Dibsteur of Contractor’s phonograms and/or videograms in the form of finished products.
6. “Dibsteur Interface”: personal and secure interface made available to you after registration on the Site, allowing the Contractor to deliver their Recordings to us, access the Modules, consult their sales and royalty statements, consult their account balance, request payment of remunerations due by Dibsteur, etc.
7. “User”: end consumer, customer of the services operated by our clients and/or partners.
8. “Downloading”: action allowing a User within the framework of an Online Service, to produce one of the Recordings or Visuals of the Contractor from the site on which it is stored and to keep it permanently in the storage unit of the User’s equipment (in particular, without this list being restrictive, computer, television, hi-fi system, cell phone, electronic diary, etc.), in whole or in extract, in order to use it at the User’s individual request, with no limit on the number of uses and no limit on the duration.
9. “Streaming”: communication to the public of the Contractor’s Recordings from the server of an Online Service where it is stored, to the User’s equipment (in particular, without this list being restrictive, computer, television, hi-fi system, cell phone, electronic diary, etc.) without the option of Downloading, in whole or in part, alone or in association with other recordings.
10. “Online Services”: Dibsteur’s partner services and clients offering the User the availability of the Contractor’s Recordings in whole or in part, by way of Downloading and/or Streaming, on a fee-for-service basis or as part of a subscription or free of charge, regardless of the mode, network or digital distribution protocol (Internet, GPRS, EDGE, UMTS, DVBH, etc.) used by the said Online Services.
11. “Metadata”: information identifying each of the Contractor’s Recordings made available as part of the Online Services (such as the names of the performers, authors and composers, publishers of the musical works, the name of the producer, the year of production, the catalog reference, the duration, the ISRC number, the UPC/EAN 13 code).
The Contractor grants us the exclusive right to distribute the Recordings they provide to us digitally, in whole or in part, and worldwide, and in particular:
(i) the right to reproduce their Recordings and Visuals in digital form:- for the purpose of compressing, digitizing, and preserving the digital files produced,- for the purpose of storing the files on the servers of the Online Services,- for the technical needs related to the Downloading of their Recordings and Visuals and to the Streaming of their Recordings.(ii) the right to make their Recordings and Visuals available to Users by Downloading and/or Streaming in whole or in part and in particular :- within the framework of Online Services offering Users Downloading and/or Streaming services of the Recordings in their entirety via the Internet or mobile telephone network,- within the framework of Online Services offering digital distribution services dedicated to the personalization of mobile telephony (mono, poly or hi-fi ringtones, ring back tones, logos, dedications, etc.(iii) the right to grant all or part of the rights referred to in paragraphs (i) and (ii) above to any third party operating an Online Service for the purpose of digital distribution.
The Contractor also assigns to us the non-exclusive right to use worldwide, under the conditions referred to in paragraphs (i) and (ii) above and for the purposes of promoting their Recordings on the Online Services, their usual pseudonym, the usual pseudonym of all the performers who have taken part in the Recordings and/or the covers of their phonographic media, their photographs and/or images or any other nominative and/or distinctive element and biographical elements that they provides to us.
The period during which the Contractor entrusts us with the exclusive exploitation of their Recordings shall take effect, for each Recording, from its commercial release date on the Site and shall expire 3 (three) years thereafter.
This term is renewable by tacit agreement for successive periods of 12 (twelve) months, unless one party sends the other a registered letter with acknowledgement of receipt, at least 2 (two) months before the end of the current period, to notify the termination of the exploitation term for one or several Recordings (the Contractor must specify this in the letter).
If at the end of the term of this Contract, there is still a debit balance that has not been recovered through sales, for any reason, we will continue to have the exclusive right to exploit the Recordings under the terms of this Contract, without any additional payment to the Contractor, until the debit is fully recovered, unless the Contractor pays us the amount of the outstanding debit.
TERMS OF DELIVERY AND UPLOADING
The Contractor shall make their Recordings available using the Dibsteur Interface, which is accessible on the Site after registering on the Site.
All information that the Contractor wishes to put online, such as their biography or photos, must be provided to us with the initial batch of information provided by the Site, using the Dibsteur Interface.
The Recordings of the Contractor and their delivery to Dibsteur shall comply with the naming criteria of audio, video and image files as well as the criteria for entering Metadata as required by Dibsteur.
The Contractor authorizes us to modify, replace or delete Metadata in order to bring them into compliance with such guidelines and technical requirements. The Contractor shall be solely responsible for any costs incurred as a result of any error, modification, replacement or deletion of such Metadata.
The Recordings and Visuals that the Contractor delivers shall be distributed digitally after the Contractor has validated the access conditions (technical, graphic and artistic) to the Recordings for digital distribution, such as these conditions are provided on the Site.
Any Recording or Visual that we have not validated shall revert to the Contractor so that they may freely ensure its digital distribution directly or indirectly via any third party of their choice.
The Contractor agrees that we may adapt the format of the files constituting the Content to meet the technical requirements of internet and mobile communication tools.
The Contractor also grants our Partners the right to offer, as part of their services and when technically possible, a pre-listen and/or preview of the Content for the User, for a maximum duration of 30 (thirty) seconds per Content.
The Online Services shall be responsible for paying mechanical royalties and performance rights for the musical works reproduced in the Contractor’s Recordings, as well as for making the necessary declarations and payments, in connection with their digital distribution.
The Contractor may use one or more Modules available on the Site, which provide them with access to services such as mastering their Recordings, viewing consumption statistics, registering their works with the SACEM, etc.
The terms, conditions, and prices of the Modules are listed on the Site and are updated regularly. The services provided through the Modules are as described on the Site at the time of purchase.
We reserve the right to change the terms of access to the Modules and their prices during the term of the Contract.
REMUNERATION AND ACCOUNTS
We will pay the Contractor 80% (eighty percent) of the Net Revenues generated by the distribution of their Recordings.
Net Revenues shall be defined as the sums invoiced and collected by Dibsteur from the exploitation of the Contractor’s Content on the Internet and mobile telecommunication networks, minus any VAT or taxes, withholding taxes, and other charges owed to administrations (e.g. tax authorities), online services, telecommunications operators, mobile service providers, and Internet portal owners, as well as discounts, rebates, and commercial cooperation granted to Dibsteur’s partners, management costs necessary for the payment of sums owed to the Contractor, and any advances that may have been granted to the Contractor.
We will make a statement of the sales of the Contractor’s Recordings available on the Dibsteur Interface at the end of each quarter, no later than the 25th of the following month. This statement will be deemed approved and definitively accepted unless the Contractor contests it in writing within 12 (twelve) months of its availability on the site.
It is specified that the sales will be deferred as and when we collect the revenue.
No remuneration will be owed to the Contractor for the free listening or viewing of extracts (a fraction of a recording lasting less than ninety seconds) of their Recordings by Users.
In the event that the Contractor owes us any amount pursuant to the Contract, in particular for the purchase of Modules or for an outstanding payment due, for example, to the non-functioning of their credit card or other means of payment, the Contractor agrees that we may deduct all or part of these amounts from the Net Receipts for which we would be liable. The compensation may extend to the sums collected under the collective management of rights as referred to below.
In the event that the Contractor’s account shows an overpayment by us, the Contractor agrees that we may deduct the amount or part of the amount of such overpayment from the Net Receipts due from us.
The Contractor is advised that any Net Receipts due from us may be placed in a bank account with the earnings of other artists or producers and may earn interest until paid to the Contractor. The Contractor agrees not to receive such interest and to irrevocably and permanently transfer ownership of such interest to us.
PAYMENT OF THE DISTRIBUTION FEE
From the first day of availability of a statement through the Dibsteur Interface, the Contractor may issue to Dibsteur an invoice for royalties.
His invoice shall be automatically generated and issued through the Dibsteur Interface. To this end, the Contractor irrevocably mandates Dibsteur to prepare and issue any invoice on their behalf in accordance with the terms of this Contract. This mandate also covers the Contractor’s obligations in terms of taxation and in particular with respect to VAT. However, it does not cover the Contractor’s obligations with respect to the legislation of their own country of domicile, tax residence or nationality, which they declare to be their own responsibility.
All payments due under the terms of the Contract shall be made after deduction of any compulsory tax or social security deductions that may be applicable.
The Contractor’s invoice shall be made out inclusive of all taxes and shall be paid to the Contractor by bank transfer within 60 days of the date of invoice, net of any discount.
Any set-off may be made between the amounts due to the Contractor and those due by the Contractor to Dibsteur.
5% of the payments will be deducted as a technical fee from our financial partners.
The Contractor may agree with Dibsteur that Dibsteur shall make an advance payment of royalties in an amount to be mutually agreed upon. The advances that would be paid to the Contractor shall, from the date of payment, be offset against all sums and royalties (Net Receipts) that we would owe the Contractor under the Contract. The same shall apply to all amounts debited to the Contractor’s account in our books.
We shall provide a statement of the advances credited to the Contractor’s account and their balance, which statement will be accessible using the Dibsteur Interface.
The Contractor acknowledges that Dibsteur may use technical protection measures and/or electronic information regarding all or part of the recordings of its services operated under the Contract.
For each of the modes of exploitation of the Contractor’s Recordings, the possible recourse to these protection measures or electronic information may be for the purpose of protecting them against uses not authorized by law or by the holder of the exploitation rights and/or identifying the works, recordings, right holders or uses and/or granting and managing the authorizations granted and/or managing the legal or contractual remunerations arising from the exploitation of the said Recordings, as well as, more generally, exploiting the Recordings within the framework of the possibilities opened up by the economic and technical developments.
Upon the Contractor’s written request, Dibsteur will provide them with access to the essential characteristics of the technical measures or electronic information that will actually be used to ensure the exploitation of their Recordings.
The Contractor expressly authorizes us to make any declaration concerning their Recordings and to collect on their behalf from the collective management companies responsible for exercising the rights generated during the entire term of the Contract.
In particular, the Contractor hereby instructs us to assign, if necessary, and report to such companies the identification numbers (“ISRC” numbers) of each of their Recordings (title by title).
In order to ensure the proper execution of this mandate, the Contractor shall provide us, when making their Recordings available on the Site, with the declaration elements required for the protection of the recordings (nationality of the producer, date of first publication, date and place of recording, etc.) and with all information allowing the identification of the performers (musicians, backup singers, etc.) other than the Contractor, who have participated in each phonogram or videogram.
This information will be transmitted to us under the responsibility of the Contractor.
The aforementioned mandate includes that of collecting the sums due from the collective management companies on behalf of the Contractor.
Dibsteur shall invoice the Contractor a sum equal to 50% (fifty percent) of the gross amounts collected before tax deductions under this article (including amounts generated during the term of the Contract, but which have been subject to a deferred distribution) and shall pay the difference between the invoice and the gross amount collected to the Contractor, subject to any applicable tax or social security deductions if they have not already been applied by the collective management companies.
There will therefore be compensation between the sums collected by Dibsteur in this respect and the above-mentioned invoice from Dibsteur.
The Contractor warrants that they are at least 18 (eighteen) years of age and has the right and capacity in their country of domicile, residence or nationality to enter into the Contract.
The Contractor warrants that (i) the information provided by them concerning their identity, date of birth, address and domicile are true and accurate, and (ii) that they are and shall remain throughout the duration of the Contract in good standing with the authorities, in particular the tax authorities that may concern them (in particular their country of domicile or residence or the country of which they are a national). The Contractor undertakes to provide, at Dibsteur’s first request, within 15 working days, any evidence in this regard. The Contractor certifies and warrants that they or their country of residence is not subject to international sanctions or any other similar regulations that may be applicable. Where the Contractor uses a pseudonym or profile, they undertake to be the owner of said pseudonym, and not to infringe on the pseudonyms or profiles of anyone else.
The Contractor warrants to us that they shall have the exclusive right to use their Recordings and to have them used under the conditions set forth herein for a period at least equal to that of the Contract.
The Contractor warrants to us that they are the owner of the exploitation rights provided for in the Contract pursuant to recording and rights assignment contracts entered into with the performers, other than himself, whose performances would be reproduced in their phonograms and/or videograms, the purpose of which is to reproduce, communicate to the public and make the said phonograms and videograms available to the public, for a term at least equal to that of the Contract. In this respect, the Contractor shall indemnify us against any recourse by third parties likely to claim any rights whatsoever in respect of their Recordings reproduced on the phonograms and/or videograms distributed under the Contract. The Contractor undertakes to behave in a fair manner and in particular not to use in any way whatsoever devices that artificially increase the number of views or listenings, such as false streams, in particular by using robots.
The Contractor declares that they are the sole owner of the literary and artistic property rights to all of their Recordings and guarantees us full and peaceful enjoyment of the rights covered by the Contract against any disturbance, claim or eviction.
The Contractor declares that they are solely responsible for obtaining any authorizations, assignments of rights and making any payments to the various beneficiaries or authors of the visuals, photographs and/or biographies, as well as to the persons represented on said visuals, photographs and/or biographies (with respect to their right to their image and name) that they will have provided to us within the framework of the Contract, and guarantees us against any recourse in this regard.
The Contractor warrants to us that their Recordings shall be free from any content that is contrary to the law and regulations in force and/or defamatory and/or from any element likely to infringe the rights of any third party and to give rise to actions based in particular on plagiarism, counterfeiting, unfair competition, civil liability and/or to cause any disturbance to the operation of the said Recordings. The Contractor shall indemnify us against all claims in this respect.
The Contractor shall provide us with the same warranty with respect to all materials delivered to us, including, but not limited to, packaging materials, promotional materials, etc.
The Contractor undertakes to reserve to us the exclusive right to exploit the phonograms and videograms reproducing their Recordings for the entire duration of the Contract. The Contractor shall therefore refrain from selling directly or indirectly the phonograms and/or videograms reproducing their Recordings to persons other than Dibsteur, as well as from authorizing the rental and lending thereof.
In the event that we would be obliged, by court decision enforceable by operation of law, to recall the phonograms and/or videograms reproducing the Recordings of the Contractor already distributed within our distribution network for a breach, including plagiarism, infringement, unfair competition, civil liability, or a lack of warranty on the part of the Contractor, the latter expressly accepts that all costs and/or expenses relating to the said recall of phonograms and/or videograms reproducing their Recordings incurred by Dibsteur shall be immediately re-invoiced upon presentation of compliant invoices and may be deducted from the Net Receipts for which we would be liable.
Any breach by the Contractor under the terms of these guarantees may result in the immediate removal of their music from the platforms without prejudice to any other action such as banning from the platforms.
In the event that the Contractor is the author or co-author of one or more works reproduced on the Recordings, the Contractor agrees to grant us a worldwide preferential right to publish said works that exist or are created during the term of the Contract and no later than the next five years from this day, said works to be in the genre of “variety works” (including only music, only lyrics, or lyrics and music).
We shall inform the Contractor of our decision to exercise the option by e-mail within three months of the date on which the Recordings reproducing the works of which the Contractor is the author are made available online through the Dibsteur Interface, unless the assignment and publishing contracts have been signed within this period.
PROTECTED SITES AND ELEMENTS
The names, trademarks, logos, images and other elements of the Site are protected by the Code de la Propriété Intellectuelle and in particular, depending on the case, by copyright and trademark law. These elements are the exclusive property of the Site. Any reproduction, use and exploitation of the said contents by the Contractor is strictly prohibited.
We make every effort to ensure quality access to the services of the Site, but the obligation being of means, we do not undertake to achieve this result.
Any event due to a case of force majeure resulting in a malfunction of the network or server of the Site does not engage our responsibility. The Contractor is informed that access to the services of the Site may at any time be subject to interruption, suspension, modification without notice for maintenance or any other reason. You waive the right to claim compensation following the interruption, suspension or modification of access to the services of the Site.
The personal data collected by the Site during the Contractor’s registration, such as name, postal and e-mail addresses, telephone numbers, etc., are essential for the creation of the Contractor’s account on the Site.
This data is also processed for the execution of the Contract as well as for the implementation of the Modules and the provision of news on the Site. In addition to the Site’s internal departments, the recipients of this data are all persons, natural or legal, with whom the Site is in contact for the execution of the said Contract, as well as social and fiscal organizations. The data may be transferred to countries outside the European Union for the purpose of processing the Contractor’s Recordings worldwide.
The duration of data retention is linked to the duration of operation of the Contractor’s Recordings by Dibsteur.
Dibsteur undertakes to process the data provided by the Contractor in accordance with the applicable legal and regulatory provisions, in particular with the European Parliament and Council Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the GDPR).
Dibsteur processes personal data of the Contractor, such as contact information, identification data and financial data in the context of the execution of the Contract. This data is collected for the following purposes: (i) to enable the performance of the Contract; (ii) to manage the relationship with the Contractor; (iii) to monitor the services provided; (iv) to enable invoicing; (v) to develop the commercial relationship; (vi) to manage any disputes.
The data is kept for the time necessary to achieve the above-mentioned purposes or the time necessary for Dibsteur to meet its legal obligations.
Dibsteur takes all necessary and reasonable technical and organizational measures to ensure a high level of security for the processed data and to protect such data against accidental or unlawful
destruction, accidental loss, alteration, unauthorized disclosure or access as well as any other form of unlawful processing.
Access to personal data is strictly limited to employees of Dibsteur authorized to process them because of their duties and subject to a strict obligation of confidentiality.
The data collected may be communicated to subcontractors of Dibsteur when this is necessary for the performance of the services requested by the Contractor. Dibsteur ensures that in the context of the performance of their services, its subcontractors use the personal data of the Contractor in accordance with the applicable legislation on the protection of personal data. In addition, Dibsteur may be required to communicate the Contractor’s personal data by virtue of a legal obligation or for the purpose of dispute resolution.
The Contractor has the right to information, access, rectification and deletion of personal data concerning them, in accordance with the terms of the GDPR. They may also, for legitimate reasons, object to the processing carried out or request its limitation. The Contractor may exercise their rights at any time by submitting a written request to the Company to its management board Data Protection Officer electronically (Contact@dibsteur.io) or by mail to the headquarters of Dibsteur.
By engaging with Dibsteur, the Contractor acknowledges and agrees to the collection and processing of their personal data as set forth above.
The Contractor acknowledges that, by agreeing to the terms of the Contract, they may become aware of confidential information relating to our business or that of our partners. It is the Contractor’s responsibility to keep such information confidential, unless it is already publicly known or unless disclosure is required by law.
The Contractor grants us the right to provide information regarding sales and usage of their Recordings, as well as any other data collected on their behalf by us in connection with the Site services, to third parties, including (but not limited to) our partners selected by us.
SUSPENSION – TERMINATION
In the event that a third-party claim all or part of the exploitation rights of one or more of the Contractor’s Contents, we shall have the possibility of suspending the distribution of said Contents, subject to informing the Contractor via the Dibsteur Interface and to respecting a notice period of 5 (five) working days prior to the date of withdrawal of said Contents.
The Content will be put back online as soon as the Contractor proves the third party’s claim to be unfounded.
Furthermore, the Contractor agrees that we may suspend their account, including the suspension of any payment of Net Receipts to them, if they fail to comply with the terms of the Contract, if a third party such as a person who has participated in their Recordings comes to our attention that the Contractor has not entered into the engagement and/or assignment of rights relating to their participation or disputes the Contractor’s right to sign this Contract or if, in good faith, the Contractor is suspected of infringing the intellectual property rights of a third party, to engage in fraudulent activity or to have made malicious, insulting, abusive or defamatory remarks against Dibsteur and/or providers and Partners of Dibsteur.
Payment of Net Receipts to the Contractor shall become effective again when we are provided with proof that the Contract has been fully performed or that an amicable agreement or final judgment has terminated the dispute between the Contractor and the third party who has come to us in this way or whose rights we have suspected of infringing.
The Contractor may terminate the Contract by operation of law in the event of serious misconduct by Dibsteur in the performance of the Contract. In this case, the termination of the Contract shall take effect within 15 (fifteen) days following the sending to Dibsteur of a registered letter with acknowledgement of receipt requesting it to remedy its fault, which has remained without effect or without a response within said period.
In all cases, the termination of the Contract and the Account is carried out without prejudice to any damages that may be claimed from the defaulting party.
We reserve the sole right to modify, suspend or terminate the Site and the services it offers at any time, or to modify the Contract without notice. It is the Contractor’s responsibility to check regularly for changes to this Contract. By continuing to use or access the Site and/or the services offered therein after we have made such changes, the Contractor tacitly accepts the terms and conditions as revised.
In the event of a change in the legal form and/or legal personality of either party, including in the event of an assignment, merger or partial contribution of assets, the Contract shall continue to have full effect.
We shall be free to assign, transfer, subcontract, sublicense or delegate all or any part of the Contract to any third party of our choice.
We may perform some or all of our obligations through our affiliates, agents or contractors.
In the event that any provision of the Contract is found to be invalid or unenforceable: – the validity of the remaining provisions and their enforceability will not be affected or impaired in any way; – we will negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision, provided that the valid and enforceable provision will be as close as possible to the original invalid or unenforceable provision and to the original intent of the parties.
Nothing in these terms and conditions or the other contract documents shall be deemed to create a joint venture, employment contract, partnership or other business association outside the terms of the contract documents. Each party will remain an independent contractor.
Any dispute relating to the validity, interpretation or execution of these General Conditions as well as other contractual documents concluded between the Contractor and Dibsteur shall be subject to an amicable solution.
In the event of a continuing dispute, the courts of Luxembourg City shall have exclusive jurisdiction to resolve any dispute arising from the contractual relationship between Dibsteur and the Contractor as well as from all contractual documents entered into between Dibsteur and the Contractor, including these General Conditions.
Luxembourg law shall apply to the contractual relationship between Dibsteur and the Contractor as well as to all contractual documents concluded between Dibsteur and the Contractor, including these General Conditions.
RIGHT OF WITHDRAWAL
The present general conditions include the provisions of the Code of Consumption and in particular articles L 222-9 and following of the Code of Consumption, the full text of which can be consulted on the site http://legilux.public.lu/eli/etat/leg/code/consommation/20180701#, the main provisions of which are reproduced here.
…. except where the exceptions provided for in paragraph (7) of that Article apply, the consumer has a period of fourteen calendar days to withdraw from a distance or off-premises contract without having to give reasons and without incurring costs other than those provided for in Article L. 222-10. (2) Without prejudice to paragraph (3) of this Article, the withdrawal period referred to in paragraph (1) shall expire after a period of fourteen days from:
(a) with respect to contracts for services, from the day the contract is entered into;
The consumer shall inform the trader, before the expiry of the withdrawal period, of their decision to withdraw from the contract. To do so, the consumer may either:
use the model withdrawal form set out in a Grand Ducal regulation; or
make another unambiguous statement setting out their decision to withdraw from the contract.
The trader may give the consumer, in addition to the possibilities referred to in the first subparagraph of this paragraph, the option of filling in and sending online, on the trader’s website, either the model withdrawal form referred to in the said subparagraph and set out in a Grand-Ducal regulation, or another unambiguous statement. In such cases, the trader shall be required to send the consumer an acknowledgement of receipt of the withdrawal on a durable medium without delay.
The burden of proof regarding the exercise of the right of withdrawal in accordance with this article shall be on the consumer.
(6) The exercise of the right of withdrawal shall terminate the obligation of the parties:
(a) to perform the distance or off-premises contract; or to conclude the distance or off-premises contract, where the consumer has made an offer.
Without prejudice to the preceding paragraph and to Article L. 224-16 of this Code, the exercise by the consumer of their or her right to withdraw from a distance or off-premises contract in accordance with this Article shall result in the termination of any ancillary contract, at no cost to the consumer, with the exception of the costs provided for in Article L. 222-10.
(7) Unless otherwise agreed, the consumer may not exercise the right of withdrawal for contracts:
(a) the provision of services after the service has been fully performed if the performance has begun with the prior express agreement of the consumer, and provided that they have also acknowledged that they will lose their right of withdrawal once the contract has been fully performed by the trader;
m) the supply of digital content not provided on a tangible medium if performance has begun with the consumer’s express prior consent, and provided that they have also acknowledged that they will thereby lose their right of withdrawal.