GENERAL TERMS AND CONDITIONS OF SALE and USE |
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(Updated on 1st of March 2023)
PreambleThese General Terms and Conditions of Sale and Use (hereinafter referred to as "GTCU") apply to the use of the Site, accessible at the address easyliks.com, as well as to all the Services offered by the Company. Any access and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these GTCU.
Art. 1 : DefinitionsEach of the terms mentioned below shall have the following meaning in the present GTCU of the Site: Ad: All the elements and data (visual, textual, sound, photographs, drawings and, where applicable, links to a third party site), submitted by an Advertiser under its editorial responsibility, with a view to offering or seeking a service or a job and published on the Site. Advertiser: Any natural or legal person who has a User Account and has placed an Ad online. Availability: Refers to the status of a Candidate who is open to being matched with a Recruiter. When activated, this status optimises the matchmaking process. Bizbox: Advertising space for the distribution of products or services. Candidate: Any natural person, Freelance or DSC Manager who has a User Account and who offers his or her skills, or for the DSC those of its consultants, through the Site with a view to recruitment by a company. company: Any natural or legal person with a registration number and registered in the trade and companies Register. Company: The company EASYLIKS, a simplified joint stock company with a capital of 1000€, domiciled at 38 rue de la Fraise 24380 Eglise-Neuve-de-Vergt, registered in the Trade and Companies Register of Périgueux under the number 880 490 370, represented by its president Frédéric Gros. Consultant: Employee of a Digital Services Company (DSC). Content: Refers to any words, messages or information of any nature whatsoever (text, image, video, photograph, comment, brand, company name, CV, etc.) posted by a User. DSC: Digital Services Company. It can position itself as a Recruiter or propose Candidates on the Site. DSC Manager: Commercial contact point for a DSC. Easymatch: Algorithm that allows a match between a Candidate and a job offer to be found. Freelancer: Any natural or legal person who has registered a commercial activity and is registered with the relevant trade register, either as a self-employed person under legal conditions from France or abroad and who offers his services through the Site. Identifier: It allows you to connect to the Site. It corresponds to an e-mail address. Job catalogue: Management portfolio of job offers created by a recruiter. Manager: A role defined for a Recruiter or DSC account. This role grants extended rights to create, modify or delete a User Account associated with the same group of Users as the Manager. This role allows the payment of Services and it also allows to manage the job catalogue of the other Users of the group. Need: A specific activity that is intended to be subcontracted to another company. This activity can also be filled by the recruitment of a candidate by a company. Partner: Refers to a company with a privileged relationship with another company. Ping: A unit of credit to be used by the Recruiter when making contact with a Candidate or obtaining their details. Recruiter: A function that allows a User to offer job offers to Candidates. This function is available for the Recruiter account type as well as for the DSC account type. Services: All services provided by the Company on the Site and in particular the matchmaking service. Site: The website operated by EASYLIKS SAS accessible at the address Easyliks.com. Subscription: Contractual commitment between a User and the Company, depending on the profile chosen by the User and the Services desired. (example: Bizbox Subscription). Team cockpit: Space dedicated to the DSC. It allows to establish the list of Consultants, their skills and their availability and also to visualize the correspondence between a Consultant and a mission offer. User: Any natural or legal person using the Site for strictly professional purposes, with a User Account. User Account: Refers to the free space, accessible from the Site, that all Users must create for themselves or that a Manager creates for a third party in order to use the Services, and from which they may in particular, as Advertisers, publish, manage and view their Advertisements and subscribe to one or more paying options. Visitor: Any natural person browsing the Site.
Art.2 : Purpose - AcceptanceThese GTCU determine the terms and conditions of use and sale of the Site, and define the rights and obligations of the Users connected to the Site.
Any access to and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these GTCU.
These Terms represent a binding agreement between you and the Company. You agree to these terms each time you access the Site or use the Services. Do not use the Site or the Services if you do not agree to the GTCU set forth herein. In the event of a serious or repeated breach, the Company reserves the right to suspend or remove the access of Users who fail to comply with these GTCU, without notice or compensation or right to reimbursement. The User undertakes to access and use the Site and the Services in accordance with the laws in force and these GTCU. In this respect, the User acknowledges that for the sole purpose of verifying compliance with these GTCU and applicable laws, the Company may review any content published or exchanged on the Site. Likewise, the User acknowledges that the Company may intervene to moderate the content published if it does not comply with the laws and regulations in force and the obligations of the Users described in these GTCU. The User undertakes to carry out all the declarations and formalities necessary for his activity, as well as to meet all his legal, social, administrative and fiscal obligations and all the specific obligations that may be incumbent on him in application of French law and/or the foreign legislation on which he depends, in the context of his activity and the use of the Services. In the event of a request, the User undertakes to provide the Company without delay with any proof that he/she meets the conditions set out in this article. The User is solely responsible for the proper completion of the aforementioned formalities which are incumbent upon him. The Company shall not be held liable in this respect. Users undertake to make fair use of the Site, in particular not to circumvent the Site and its Services. Similarly, all Users are prohibited from extracting any content from the Site for a similar or competing activity. The company that proposes Needs on the Site undertakes to propose serious and sufficiently detailed Needs. In this respect, the User of the company that submits a Need undertakes to provide any necessary details. The User undertakes to maintain strict confidentiality concerning exchanges with other Users and information that may have been transmitted to him or of which he may be aware when he is put in contact via the Site. These GTCU are fully enforceable against the Users.
Art.3 : Access to the Site and ServicesThe Site is accessible to all Users. In the absence of a User Account, Visitors can consult all the Advertisements posted on the Bizbox page, and consult the job offers. To access the Services, the User must create an account by registering free of charge on the Website. The Site is accessible 24 hours a day, 7 days a week for all Users. The User must have Internet access with the provider of his/her choice, the cost of which is at his/her expense. The User acknowledges that the reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations may occur. The User acknowledges that it is his responsibility to take any measure he deems appropriate to ensure the security of his equipment and his own data, software or other, in particular against contamination by any virus and/or attempted intrusion of which he may be a victim. The User acknowledges that any equipment connected to the Site is and remains under its sole responsibility. The Company shall not be liable for any direct or indirect damage that may arise from their connection to the Site. The Company reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more Services in order to update, modify or change operational methods, servers and access times, without this list being exhaustive. The User undertakes not to claim any compensation as a result of such interruption or suspension. The Company reserves the right to make any changes and improvements to the Site and the Services that it deems necessary or useful for the proper functioning of the Site and its Services.
Art.4 : Registration to the SiteWhen registering, the User provides his e-mail address and chooses a personal and confidential access code for his own use only, allowing him to connect to his User Account. The User will receive confirmation of the creation of his User Account in the form of an e-mail sent to his e-mail box. If the User Account is created by a Manager, the User is informed by an e-mail sent to his e-mail box. An automatic password used when logging in to his User Account is communicated in the e-mail, and the User may change it once logged in. The User is solely responsible for the use of his User Account without being able to oppose the Company for any fraudulent use by a third party. The User shall ensure the confidentiality of his/her login details. When opening a User Account, the User undertakes to provide accurate, up-to-date and complete information in his profile, in particular his surname, first name and e-mail address. Any entry of false, inaccurate, non-updated or incomplete information or a user name containing inappropriate, disrespectful, defamatory, obscene or indecent terms may result in the suspension and closure of the User Account.
Art.5 : Bizbox ad submissionThe Advertiser declares that he accepts that any Ad published is broadcast on the Site. The Advertiser declares that all information published in an Ad and any consequences thereof are the sole and entire responsibility of the Advertiser. The Advertiser accepts that the Company cannot be held liable for any direct or indirect damage that may arise as a result of the content of an advertisement that the Advertiser has published. The Advertiser guarantees that the Ad does not contravene any regulation in force (in particular relating to advertising, competition, sales promotion, use of the English language, use of personal data, prohibition of the marketing of certain goods or services), or any third party right (in particular intellectual property rights and personality rights, or that he has obtained all the necessary authorisations for the publication of his Ad) and that it does not contain any message that is defamatory or damaging to any third party. The Advertiser undertakes to offer in the Advertisements only available products or services that it has. In case of unavailability of the product or service, to withdraw the Advertisement as soon as possible.
Art.6 : Site ServicesThe Site allows you to recruit SAP consultants and extend your company's reputation by using the Bizbox advertising space. The profiles available for registration are : Candidate, Recruiter, DSC and Bizbox. The services offered according to the profiles are the following. For Candidates:
For Digital Service Companies (DSC):
For Recruiters (Placement and recruitment companies or end client):
For all Bizbox Users:
Art.7 : How the Site worksThe services differ according to the profile chosen at the time of registration. a. Job catalogue (Recruiter/DSC) The "Job catalogue" tab is the platform that connects Recruiters with Candidates. The Recruiter can create an unlimited number of job offers. The publication period of your job offers is fixed at 30 days, in order to avoid proposing obsolete ads. After 30 days, the publication is deactivated. It is up to you to publish the job again for another 30 days. When you share a job offer with a colleague, you retain responsibility for the job offer but the colleague sees the job offer in question in his or her job catalogue and can make contact with the Candidates. When you transfer a job offer to a colleague, you are no longer responsible for that job offer. It disappears from your job catalogue. It is then transferred to the job catalogue of your colleague. Easymatch is the algorithm that automatically finds the number of Candidates that match your offer. The Recruiter has access to the contact details entered by the Candidate in his/her profile (e-mail, telephone, CV). The Candidate has the possibility to activate the option "Invisible for the Recruiter". This option means that the Candidate only appears on a job offer if he/she applies spontaneously. If a job advertisement shows a consultant employed by an DSC, then the contact details are those of the DSC Manager. When the Recruiter sends the job offer to a Candidate ("Send job offer" button), the Site communicates the Recruiter's contact details by automatic e-mail to the Candidate or the DSC Manager. If the Recruiter activates the "I agree to receive e-mail alerts" option in their profile, any new match between a job offer and a Candidate will trigger an automatic information e-mail to the Recruiter. b. Sharing (Recruiter/DSC) The "Sharing" tab allows Recruiters to be grouped by team. Recruiters belonging to the same team can share the monitoring of job offers (useful, for example, if a member of staff is unavailable). Only Managers can create sharing teams. The Team Owner of a team is the Manager responsible for the maintenance of that team. Each creation/modification/deletion of a team or an employee in the team results in an automatic e-mail being sent to the employee. c. Recruiters list (Recruiter/DSC) The "Recruiter List" tab allows Company Managers to create free User Accounts for employees responsible for posting jobs in the Job Catalogue. The Manager can modify the rights or delete User Accounts from the Recruiter list. The Recruiters created in this way are visible from the "Sharing" tab, which allows the management of job offers to be shared. Each time a User Account is created/modified/deleted, an e-mail is automatically sent to the employee. d. Bizbox Ads (Candidate/Recruiter/DSC/Bizbox) The "Bizbox Ads" tab allows you to create, modify, publish, stop the publication, delete an Ad in the Bizbox. Three publication durations are available. You can improve the visibility of the ad with two options. Option 1: your ad is highlighted in the carousel at the top of the Bizbox page, as well as on the homepage of the site. Option 2: weekly uplift allows you to place your Ad every 7 days at the top of the list on the Bizbox presentation page. When a User does not have the authorisations to publish his Bizbox Ad, the Site sends a publication request to the Manager of the company to which the User belongs. The Manager may then accept or reject the request. e. Team Cockpit (DSC) The "Team Cockpit" tab allows you to list the consultants of a DSC by describing their areas of expertise. Easymatch is the function that automatically finds the number of job offers that match the Consultants. In order to limit the number of inter-contracts, you manage the availability of your resources. The "Hide" option allows you to see the job offers without being seen by the Recruiter. Applying for a job deactivates the "Hide" mode for the job in question. The Recruiter is then informed of your interest in the job offer. f. Orders (Candidate/Recruiter/DSC/Bizbox) The "Orders" tab allows you to follow the history of your purchases on the Site. The order form and the associated invoice are available for download. The Site automatically sends an e-mail to the User who has made the purchase so that he/she can keep a record of his/her action. g. Profile (Candidate/Recruiter/DSC/Bizbox) The "Profile" tab allows you to fill in the User's identification form. For User Accounts of the Recruiter or DSC type created when registering on the Site, the "Manager" role is assigned by default. Only a fullfilled profile allows the use of the User Account services. h. Others actions (Candidate/Recruiter/DSC/Bizbox) The "Other actions" tab allows you to manage the User ID, the password, and the account deletion (User account or company account). All management actions generate an e-mail to the persons concerned, who are the User carrying out the action and, where applicable, the Managers of the User's company. i. Job offers (Candidate) The "Job Offers" tab enables the Candidate to be put in contact with the job offers published on the Site. Easymatch automatically finds the number of jobs that match the candidate. The Candidate can decide to see all the offers by clicking on the link "See all offers" and carry out his own search by using filters. When the Candidate applies for a job offer, the Site sends an automatic e-mail to the Recruiter who owns the job offer. The Applicant's contact details are thus transmitted to the Recruiter. During this action, the Site also sends an e-mail to the Candidate, to enable him/her to keep a history. j. CV maker (Candidate) The "CV maker" tab is a CV creation service. The site offers a choice of three CV formats. k. Contact form The contact form is available to communicate any remarks or complaints, and also to report abuse, so that the Company can analyze the request and process it as soon as possible.
Art.8 : Price of servicesThe Services offered by the Website are free of charge except for the publication of Ads in the Bizbox. See publication rates on the Bizbox page. The prices in force are expressed exclusive of tax, EASYLIKS SAS reserving the right to postpone any new tax or rate increase. The prices indicated are in euros.
Art.9 : Payment systemPayment for the Services can be made by the following means:
The Services are activated immediately upon payment, regardless of the payment method chosen. As the SEPA direct debit mandate is a deferred payment, customers agree that the Company may discontinue the provision of the Service if the customer's bank fails to settle.
For payments by bank card or by SEPA Direct Debit mandate, the Company has subscribed to the services of the company STRIPE. Companies acknowledge that they accept the general terms and conditions of use of the Stripe API at the following address: https://stripe.com/terms. Entering your bank details is secure. The Stripe or Paypal solution guarantees the security of your online transactions via SSL. For international payments, the commission applied by the banking institutions is charged to the customer. Invoices are available for download in the "Orders" tab of the User's account.
Art. 10 : Proof of transactionPayment will be made under the conditions applicable to the remote payment system chosen by the customer. The customer is bound by his order as soon as he clicks on the "Pay" button on the sales pages of the Site. The order data recorded on the Easyliks server constitutes proof of all transactions between Easyliks and its customers. The payment data recorded by the Stripe Payments or Paypal system constitute proof of the financial transactions carried out. Stripe and Paypal do not transmit payment information to EASYLIKS SAS except, if necessary, in the event of a duly expressed claim relating to a particular transaction. The transmission of information between the customer and Stripe is secured, depending on the software integrated into the customer's hardware, by the protocols existing on the Internet, to the maximum allowed by the French legislation in force. Any complaint relating to the Services, its access or its payment shall be addressed, as the case may be, to EASYLIKS SAS or to the third party responsible for the payment system.
Art. 11 : WithdrawalThe Services are activated instantly by an immaterial service. In accordance with Article L221-28 of the French Consumer Code, the parties therefore agree that the subscription and access to a service may not give rise to any right of withdrawal and consequently to any reimbursement.
Art.12 : Start and duration of the subscriptionFor Bizbox Ads, the Subscription starts when the Service is subscribed (date of order). The duration of the Subscription is chosen by the User from the 3 proposals in the price list (publication for 1 month, 3 months or 12 months).
Art.13 : Responsibilitya. User's responsibility The User is solely responsible for any direct or indirect prejudice that he/she may suffer as a result of inaccurate, incomplete and/or misleading information that he/she provides at the time of registration or in the absence of an update of this information, and he/she alone shall bear the consequences thereof. The User is solely responsible for all the content that he/she chooses to put online on the Site, as the Company does not control the content before it is put online. The User expressly agrees not to publish any content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and good manners, infringing, prejudicial to public order or to the rights of third parties, likely to prejudice the rights, reputation and image of the Company and, more generally, the content of which is in breach of the law and/or regulations, in particular those of a penal nature. b. Liability of the Company The Company shall use its best endeavours to ensure that the Site and the Services are accessible and functioning properly 24 hours a day, 7 days a week. Nevertheless, given the limitations of the Internet, the Company cannot exclude the possibility that access to and operation of the Site and Services may be interrupted, particularly in the event of force majeure, malfunctioning of the User's equipment, malfunctioning of the User's Internet network, or maintenance operations intended to improve the Site and Services. Consequently, the Company cannot be held responsible for any interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit any interruptions that it may be responsible for. The Company brings together Users who are considering collaboration (recruitment for Candidates, subcontracting relationship between companies). Its responsibility is limited to the provision of these means, as described herein. The Company shall not be held responsible for the accuracy of the information mentioned on the Site. The Company and the User are independent parties, each acting in their own name and on their own behalf. The company does not conclude any contract in the name of and/or on behalf of the Users. The latter contract directly with each other after being put in contact. Consequently, the Company can in no way be considered as an employee/employer or agent of a User. As the Company is not a party in any capacity whatsoever to contracts relating to a recruitment or subcontracting relationship, Users are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or execution of the said contracts. Consequently, each User releases the Company from any liability for the direct or indirect consequences resulting directly or indirectly from the introduction, conclusion and/or execution of such a contract between the Users. The Company shall do its utmost to ensure the content and validity of the information and documents transmitted by Users on the Site, provided that they are established in France. However, the Company shall not be held liable in any way whatsoever for breaches of the obligations incumbent upon them, in particular in the context of the fight against undeclared work and compliance with the rules of transparency, as well as for any damage that may result therefrom. Thus, the Company cannot be held responsible for false, misleading or out-of-date information communicated to it.
Art.14 : Personal dataThe provisions concerning the protection of personal data as set out in the French Data Protection Act of 6 January 1978 as amended and the European Regulation on the protection of personal data ("RGPD") are set out in an annexed document entitled "Privacy Policy and Cookies" accessible by clicking here.
Art.15 : CookiesFor the proper functioning of the Site and its services, cookies are placed on the User's computer when he/she connects to the Site. Cookies record information relating to browsing (pages consulted, date and time of consultation, etc.) and to the identification of its Users. The cookies installed by the Company are kept for a period of 6 months. However, the User has the possibility of opposing the use of cookies by configuring his or her browsing software. As each browser software is different, the User is invited to consult the instructions of his browser to configure it as he wishes.
Art.16 : Intellectual Propertya. of the Site The Site and each of its components, including but not limited to texts, images, videos, photographs, trademarks, logos, company names and domain names are the exclusive property of the Company. These elements are protected by intellectual property and other laws, including copyright. Any reproduction or representation, in whole or in part, of the Site or of any of its components, without the authorisation of the Company, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code. b. of contents Any User who publishes content on the Site retains full ownership of all content published. By creating a User Account, the User expressly authorises the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display this public content on the Site, social networks, blogs operated by the latter and/or on any other media (in particular physical and digital media, press releases, alerts and press kits, commercial media, promotional and/or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing, advertising of the Services and of the Site or for the purposes of setting up partnerships. This authorisation is valid for the whole world and for the entire duration of the User's registration. The User acknowledges that any use of its content made by the Company prior to its deregistration, deletion or termination of its User Account cannot be challenged.
Art.17 : Hypertext linksThe User is authorised to create one or more hypertext links pointing, for example, to the home page of the Site. Users shall refrain from creating any link from sites that do not comply with the legislation in force or that are likely to harm the interests, reputation and/or image of the Site and the Company. In any event, the Company reserves the right to terminate this authorisation at any time if it appears to it that the link established with the Site is of such a nature as to harm its interests, its reputation and/or its image. Under no circumstances does the existence of a hypertext link from a third party site to the Site imply cooperation and/or partnership between the Site and this third party site. The Company has no control over third party sites and therefore assumes no responsibility for the content, products and/or services available on or from such third party sites that contain a hyperlink to the Site. The Site may contain links to sites of the Company's partners or to third party sites. The Company has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content and the products and/or services available on or from these sites. The Company shall in no way be liable for any direct or indirect damage that may arise from the User's access to the partner's and/or third party's site and from the User's use of the contents and products and/or services of this site.
Art.18 : Duration, termination and penaltiesThis contract is concluded for an indefinite period of time as of the acceptance of the GTCU by the User. In the event that the User fails to comply with these GTCU and/or commits any breach of the laws and regulations in force, and five days after informing the User by e-mail, the Company shall be entitled to suspend or close the User's account, automatically and by operation of law, and to refuse him/her access to all or part of the Services in the future, without prejudice to any damages that the Company may be entitled to claim.
Art.19 : Customer serviceFor any question or information concerning the Site and the Services, the User may contact the Company via the "Contact Us" form on the Site or by sending an e-mail to the following address: contact@easyliks.com.
Art.20 : Nullity - WaiverIn the event that one of the clauses of this contract is declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with these GTCU. The failure of the Company to exercise its rights under this agreement shall not constitute a waiver of its rights.
Art.21 : Changes of the GTCUThe Company reserves the right to modify all or part of these GTCU. The Company will inform the User of the changes made to these GTCU as soon as they are posted on the Site. If the User does not agree to the new GTCU, he/she has a period of 24 hours from the date of notification to inform the Company by e-mail. In the event that the User has not notified his disagreement within the period provided for above, he will be deemed to have accepted the changes.
Art.22 : Applicable law and competent courtThe present GTCU are subject to French law. Any dispute relating to their formation, conclusion, interpretation and/or execution shall fall under the exclusive jurisdiction of the courts within the jurisdiction of the Bordeaux Court of Appeal, on which the Perigueux judicial court depends. |