Provider agreement

Parties

Atelo Courses GmbH, c/o Sandro Bachmann, Niederhofweg 12, 4617 Gunzgen, Switzerland, company number (UID) CHE-188.866.973 (“Atelo”), and the company or person that runs the studio in Atelo Studio and accepts this agreement (the “provider” or “studio”).

Part A – General

Part A applies to every studio, including without payments through Atelo.

A1 Subject

A1.1 Atelo runs the platform atelo.ch, where guests find, request, and book creative courses and workshops. In Atelo Studio the provider manages its profile, offers, dates, and bookings.

A1.2 This agreement governs the use of Atelo Studio, the display of offers on Atelo, the brokering of requests and, once Part B is accepted, Instant Book with payment through Atelo.

A1.3 This agreement and its annexes form the contract; in case of conflict the annexes prevail. The help texts in Atelo Studio explain the features but are not part of the contract. The provider's own general terms do not apply between the provider and Atelo.

A2 Definitions

• Offer: a course or workshop of the provider with its dates.
• Guest: anyone who requests or books an offer through Atelo, or for whom the provider enters a booking in Atelo Studio.
• Booking request: a guest's request for a date, which the provider confirms or declines, without payment through Atelo.
• Instant Book: a booking the guest pays on Atelo, concluded without confirmation by the provider.
• Class request: a guest's wish for another date, a private class, or a team event.
• Booking link: a link to the provider's own booking page.
• Studio members: people the provider invites to Atelo Studio, with the roles owner, manager, and viewer.

A3 Atelo's role

A3.1 The provider is the organiser of its offers. The contract for a course is always concluded between the guest and the provider. Atelo is neither the organiser nor a party to that contract.

A3.2 Atelo acts as an intermediary and, where Part B provides for it, as the provider's agent for concluding Instant Book bookings and collecting payments. Beyond that, Atelo may not represent the provider.

A3.3 The parties are independent of each other. Atelo is not obliged to broker or conclude business for the provider.

A4 Access and studio members

A4.1 Access to Atelo Studio is by invitation from Atelo or an owner of the studio. The person who accepts this agreement confirms that they may represent the provider.

A4.2 The provider decides who has which role. It is responsible for the actions of its studio members as for its own. Owners manage the team, payouts, and the acceptance of this agreement; managers manage offers, dates, and bookings; viewers see offers and bookings, including guests' contact details.

A4.3 The provider protects access (personal email addresses, no shared accounts), removes members who leave without delay, and reports misuse to support@atelo.ch at once. Atelo may require two-step sign-in for owners and managers.

A5 The provider's content and details

A5.1 The provider ensures that its details are correct, complete, and up to date, in particular price, dates, place, content, duration, requirements, minimum age, materials, and any minimum number of participants with a cancellation deadline.

A5.2 The provider states prices in Swiss francs as final prices, including any VAT and all costs necessarily incurred for taking part.

A5.3 The provider complies with all rules that apply to its offers, in particular permits, food and hygiene rules (for example for cooking or baking classes), rules on serving alcohol, and safety and youth protection rules.

A5.4 The provider lists offers that include an overnight stay or transport together with the course at a total price only after consulting Atelo. They are excluded from Instant Book.

A5.5 The provider may only upload content for which it holds the necessary rights. For identifiable people in photos it obtains their consent.

A5.6 Licence: for the term of this agreement the provider grants Atelo a non-exclusive, free, worldwide right to use its content (texts, photos, logos, names) to show it on Atelo and to promote Atelo and its offers, including in newsletters, social media, search engines, and with partners. Atelo may technically adapt, shorten, crop, and translate the content for this without changing its meaning. After the agreement ends, Atelo removes the content from atelo.ch within 30 days; posts already published (for example on social media or in newsletters) need not be deleted.

A6 Review, moderation and blocking

A6.1 Depending on their kind, new offers and changes appear at once or after a review by Atelo (“Atelo Review”); Atelo Studio shows what is waiting for Atelo. Atelo may review content at any time, suggest or make changes to its presentation, and reject content. Atelo is not obliged to review; responsibility for the content stays with the provider.

A6.2 Atelo may hide or block content, offers, or the studio in whole or in part if there is reasonable suspicion that they breach this agreement or the law, are misleading, endanger guests, or repeatedly lead to justified complaints. Atelo informs the provider with reasons, unless this is legally not allowed or would endanger safety. The provider may respond.

A7 Presentation and order

A7.1 Atelo designs the platform and the presentation of offers freely. There is no claim to any particular position.

A7.2 The order mainly depends on relevance to the search (search term, category, place), on date or how recent an offer is, and on partner status. Atelo informs the provider in Atelo Studio or by email about material changes to these criteria.

A7.3 Atelo may offer paid placements, for example a studio in an area of a topic page labelled “Sponsored”. Such placements are agreed separately and do not change the order of the other offers. If a studio pays for a better position in search, Atelo labels its offers “Partner”, visible to guests.

A8 Running the courses

A8.1 The provider runs the courses as described, with qualified instructors, suitable rooms, and the necessary safety precautions.

A8.2 The provider holds adequate business liability insurance covering harm to participants and shows it to Atelo on request.

A8.3 The provider treats guests with respect and discriminates against no one.

A8.4 The provider alone is responsible for its taxes, social security contributions, and its obligations towards its staff and instructors.

A9 Prices and free choice of channels

A9.1 The provider sets its prices freely. It may offer its courses on any other channel at any price and on any terms. Atelo requires no price parity.

A9.2 No circumvention: the provider does not get guests to conclude a place requested through Atelo outside Atelo, or to cancel a place booked through Atelo in order to book it again outside, to avoid the commission. Later bookings by the same guest directly with the provider are allowed.

A10 Booking requests, class requests and cancellations

A10.1 Atelo may enable booking requests and class requests for the provider and withdraw them again, in particular after repeatedly unanswered requests. Ongoing requests and confirmed bookings remain in place.

A10.2 The provider answers booking requests within the deadline shown. If it confirms a request, the contract with the guest is concluded on the details shown and the provider keeps the place.

A10.3 For class requests, provider and guest agree directly on date, price, and terms; Atelo only passes on the request, the offer, and the answer and is not a party.

A10.4 Booking requests, class requests, and bookings the provider enters itself in Atelo Studio are free for the provider as long as no payment goes through Atelo.

A10.5 The provider cancels or moves confirmed bookings only for important reasons, such as the instructor's illness, force majeure, or safety. It does so in Atelo Studio so that guests are informed by email at once. If it moves a date, the guest may cancel for free until the new start.

Part B – Instant Book and payments through Atelo

Part B applies only to Instant Book and only once the provider has accepted it separately in Atelo Studio. Without that acceptance, only Parts A, C and D apply to the provider.

B1 Scope and activation

B1.1 Once Part B is accepted, Atelo decides whether and when Instant Book is switched on for the studio; during the test phase only for selected studios.

B1.2 Atelo may pause or switch off Instant Book, in particular after frequent cancellations by the studio, problems with the payout account, or chargebacks. The offers then continue as booking requests. Existing bookings remain in place and are handled under this agreement.

B2 Authority

B2.1 The provider authorises Atelo, in its name and for its account, (a) to accept guests' bookings for its Instant Book dates within the places stated and (b) to collect guests' payments and make refunds under this agreement. A guest's payment through Atelo discharges the guest's debt towards the provider.

B3 Places and seller details

B3.1 The provider keeps the number of places up to date. Atelo only counts bookings recorded in Atelo. If the provider also sells places on other channels and this leads to overbooking, it lets the guest take part anyway or cancels the course for that guest with a full refund (B6.4).

B3.2 The provider states in Atelo Studio its legal name, its business address and, if VAT-registered, its VAT number. Atelo shows these details to the guest as contracting party and seller. Without them, Atelo does not switch on Instant Book.

B4 Payment processing through Stripe

B4.1 Payment processing services for studios on Atelo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together the “Stripe Services Agreement”). By accepting Part B or continuing to use Instant Book, the provider agrees to the Stripe Services Agreement as amended by Stripe from time to time. As a condition of Atelo enabling payment processing through Stripe, the provider gives Atelo accurate and complete information about itself and its business and authorises Atelo to share it and transaction information related to payment processing with Stripe. To receive payments, the provider opens a Stripe account through Atelo Studio; Stripe verifies its identity.

B4.2 The provider appears to Stripe and the guest as the seller. Stripe processes the payment through Atelo's platform account and automatically transfers the amount to the provider's Stripe account; Atelo keeps the commission. Stripe pays the balance out to the provider's bank account on its payout schedule.

B4.3 The provider gives Stripe correct details and keeps its Stripe account active. If the account is restricted, Atelo pauses Instant Book for the studio.

B4.4 Atelo is not liable for Stripe's services, in particular not for delayed or withheld payouts or checks by Stripe.

B5 Commission

B5.1 For every booking paid through Atelo, the provider owes Atelo a commission as a percentage of the amount paid by the guest. The rate is in Annex 1. The rate at the time of payment applies.

B5.2 The commission includes the payment processing fees (card, TWINT). Atelo charges no other fees for bookings.

B5.3 Atelo keeps the commission directly at payment.

B5.4 If a payment is refunded in full (cancellation by the studio, cancellation within the window, course sold out during payment), no commission is due. On a partial refund it is reduced in the same proportion. After a cancellation outside the window without a refund, or if the guest does not show up, it remains due.

B5.5 VAT: Atelo Courses GmbH is not entered in the VAT register; the commission is charged without VAT. If Atelo becomes liable for VAT, VAT is added to the commission from that date; Atelo announces this at least 30 days in advance.

B5.6 Statement: Atelo provides the provider in Atelo Studio with a monthly statement of all paid bookings, gross amounts, commissions, refunds, and net amounts. It serves as the invoice for the commission.

B6 Cancellations

B6.1 In Atelo Studio the provider chooses one of the three cancellation terms for Instant Book: Flexible (free until 24 hours before the start), Standard (48 hours), or Strict (7 days). Without a choice, Standard applies. A change applies only to new bookings.

B6.2 For every Instant Book booking, the minimum terms towards the guest in Annex 3 apply, even if the provider's own terms differ. Atelo makes refunds within these terms automatically in the provider's name.

B6.3 The provider may voluntarily give the guest more (for example rebooking, or a refund after the window). If it cancels a booking in Atelo Studio, the guest gets the full amount back; Atelo makes a partial refund on request to support@atelo.ch.

B6.4 Cancellation by the studio: the provider cancels dates only for important reasons (A10.5) or if an announced minimum number of participants is not reached by the announced deadline. It cancels in Atelo Studio so that guests are informed at once. The guest always gets the full amount paid back; no commission is due (B5.4). Frequent cancellations may lead to Instant Book being paused (B1.2).

B6.5 If the provider moves a date or materially changes the date, time, or place, the guest may cancel for free until the new start and gets the full amount back. Atelo refunds in the provider's name when the guest asks.

B7 Refunds and chargebacks

B7.1 Refunds are made through Stripe to the guest's payment method. The provider authorises Atelo to reverse the amount transferred to it through Stripe for refunds and for amounts it bears under B7.3. If its balance is insufficient, Atelo may set the amount off against future payments or invoice it.

B7.2 Chargebacks: if a guest disputes a payment with their bank or card issuer, Atelo handles the procedure with Stripe. On request the provider supplies the necessary evidence (for example participant list, correspondence) within 5 business days.

B7.3 Who bears the amount of a lost chargeback:

• Cause in the course (the course did not take place or was cancelled outside Atelo Studio, the course differed materially from its description, an unresolved complaint about the course): the provider bears the amount transferred to it (amount paid minus commission). Atelo bears the commission and Stripe's fee.
• Fraud or misuse (payment with a stolen card, unauthorised payment): Atelo bears the amount and the fee; the provider keeps its payout if it held the place.
• Atelo's error (technical error, double charge): Atelo bears everything.
• Unclear cases: Atelo decides in good faith after the provider could respond. Stripe's fee is always borne by Atelo.

B7.4 If the chargeback is decided in the provider's favour, it gets back the amounts reversed.

B7.5 Security: Atelo may withhold or delay payouts to the provider as far as needed to cover foreseeable refunds or chargebacks, in particular after a termination, a block, or unusually many cancellations or complaints. Atelo informs the provider and releases the amounts as soon as the reason no longer applies.

B8 Taxes and receipts

B8.1 The provider is responsible for the tax treatment of its income, including any VAT on its courses.

B8.2 Atelo sends the guest a confirmation in the provider's name with the amount paid and the provider's details (B3.2). If a guest needs an invoice with further details (for example a company for a team event), the provider issues it.

B8.3 The provider gives Atelo the details Atelo needs to meet legal reporting and record-keeping obligations.

Part C – Data protection

Part C applies to every studio.

C1 Roles

C1.1 Each party is itself responsible for its own processing of personal data. Atelo processes guests' data to run the platform, broker bookings, collect payments, and communicate, as described in Atelo's privacy policy. The provider processes the data it receives through Atelo to run its courses.

C2 The provider's obligations

C2.1 The provider uses guests' data received through Atelo only for the request or booking, the necessary communication, safety at the course, and legal obligations (for example bookkeeping).

C2.2 The provider sends guests advertising only with their consent, which it obtains itself (for example at the course). It may not use the contact details from Atelo for this without consent.

C2.3 The provider gives access only to studio members who need it, protects exported data (for example participant lists) appropriately, and deletes it when no longer needed.

C2.4 The provider does not ask for sensitive data through Atelo (for example health data), except through a feature Atelo provides for that purpose.

C2.5 If the provider enters a booking itself in Atelo Studio (for example for a guest on the phone or on site), it enters only data for which it has a legal basis and tells the guest that Atelo processes it for that booking and, if an email address is given, sends them the emails about the booking. Atelo processes this data only for that booking, with the same retention and anonymization as other bookings.

C2.6 The parties pass on without delay any requests from data subjects that concern the other party and support each other. The provider tells Atelo at once if access to Atelo Studio was misused or guests' data was lost.

C3 Data of the provider and its studio members

C3.1 Atelo processes data of the provider and its studio members (for example name, email, role, sign-in factors, activity in Atelo Studio, acceptance of this agreement, Stripe account status, seller details) as described in the privacy policy. The provider informs its studio members about this.

C3.2 The provider receives statistics on views and clicks only in aggregate, never about individual visitors.

Part D – Term, liability and final provisions

Part D applies to every studio.

D1 Term and termination

D1.1 The agreement runs for an indefinite period. Either party may terminate it with 30 days' notice to the end of a month, by email or in Atelo Studio. The provider may terminate Part B separately with the same notice.

D1.2 Either party may terminate without notice for good cause. For Atelo, good cause includes in particular a serious breach of this agreement or one repeated despite a warning, fraud, endangering guests, or a significant legal risk for Atelo.

D1.3 When the agreement ends, the provider still runs confirmed bookings made through Atelo or cancels them, paid ones with a full refund (B6.4). Atelo takes the offers offline. Open amounts are settled. Part B continues to apply to existing bookings until they are completed.

D2 Liability

D2.1 Atelo is liable without limit for intent and gross negligence. For slight negligence Atelo is liable only for direct damage and at most up to the total commissions Atelo received from the provider in the 12 months before the damaging event. Liability for indirect damage, lost profit, and data loss is excluded as far as the law allows. Liability for auxiliary persons is excluded as far as the law allows (Art. 101 para. 2 CO).

D2.2 Atelo guarantees no particular number of bookings and no uninterrupted availability of the platform.

D2.3 The provider is liable for its courses and content. It indemnifies Atelo if third parties (for example guests, rights holders, or authorities) bring claims against Atelo because of its courses, its content, or a breach of this agreement, including reasonable legal defence costs. Atelo informs the provider at once and coordinates with it.

D3 Confidentiality

D3.1 The parties treat the other party's non-public information as confidential, in particular terms, revenue, and guest data. This continues after the agreement ends.

D4 Changes

D4.1 Atelo may change this agreement and its annexes. Atelo announces changes at least 30 days before they take effect, by email and in Atelo Studio, and the provider accepts the new version in Atelo Studio. If it does not agree, it may terminate the agreement as of the effective date. If it keeps using Atelo Studio after the effective date, the change counts as accepted. Confirmed bookings remain in place in any case.

D4.2 An increase in commission takes effect no earlier than 30 days after the announcement and only for payments after that.

D4.3 Changes required by new legal requirements or for security reasons may be announced at shorter notice.

D5 Assignment

D5.1 Atelo may transfer this agreement to a successor company or a company that takes over Atelo's business and informs the provider. The provider needs Atelo's consent for a transfer.

D6 Final provisions

D6.1 Notices may be given by email or in Atelo Studio. Electronic acceptance in Atelo Studio is binding on both parties.

D6.2 If a provision is invalid, the rest remains valid. The parties replace it with a rule that comes closest to its purpose.

D6.3 Swiss law applies, excluding its conflict-of-laws rules.

D6.4 The exclusive place of jurisdiction is the registered office of Atelo Courses GmbH.

D6.5 The German version is binding.

Annex 1 – Terms and rates

• Profile and offers on Atelo, Atelo Studio: free
• Booking requests, class requests, and bookings entered by the provider (no payment through Atelo): free
• Instant Book with payment through Atelo: 15% of the amount paid by the guest
• Founding partners (designated as such by Atelo): 10% of the amount paid by the guest until 31 December 2027, then the standard rate; Atelo announces the change at least 30 days in advance
• Payment processing fees (card, TWINT): included in the commission
• VAT: none, as long as Atelo Courses GmbH is not entered in the VAT register (B5.5)
• Payout: by Stripe on its payout schedule to the provider's bank account
• Currency: CHF
• Statement: monthly in Atelo Studio (B5.6)

An individually agreed rate takes precedence over this annex. Atelo tells the provider the applicable rate before Part B is accepted and with every change.

Annex 2 – Partner subscription

Not yet in force. If Atelo introduces a partner subscription, Atelo offers it separately; it applies only after separate acceptance. The “Partner” label is visible to guests.

Annex 3 – Minimum terms towards guests (Instant Book)

These rules apply to every Instant Book booking, whatever the provider's own terms say. They match sections 6 and 7 of Atelo's terms.

• Cancellation within the chosen window (24 hours, 48 hours, or 7 days): full amount back, automatically
• Cancellation after the window or no-show: no right to a refund; the guest may send someone else at no cost if they tell the studio the name before the start and the person meets the course requirements
• Cancellation by the studio: full amount back, automatically
• Date moved, or date, time, or place materially changed: the guest may cancel for free until the new start, full amount back
• Minimum number of participants not reached (if announced with a deadline): the studio may cancel by the announced deadline, full amount back
• Course sold out during payment: no contract, full amount back, automatically