These general conditions of use and sale (hereinafter referred to as "General Conditions") are concluded between
E-XODE, registered under number 510 706 948 00013, whose registered office is located at 6 rue Ramey, 75018 Paris
The User of the website https://www.reseau-freelances.com/
Article 1 - Definitions
- Recruteur / Porteur de projet : désigne tout utilisateur qui utilise la plateforme Réseau-freelances à des fins strictement professionnelles, en vue d’être mis en relation avec un ou plusieurs prestataire(s) indépendant(s) afin de lui confier la réalisation d’une mission professionelle.
- Contenu : désigne tous propos, messages ou informations de quelque nature que ce soit (texte, image, vidéos, photographies, commentaires, marques, dénominations sociales, etc.), mis en ligne par un utilisateur sur la plateforme.
- Freelance / Prestataire indépendant : désigne tout utilisateur qui exerce en qualité d’indépendant dans des conditions légales depuis la France ou l’étranger, qui dispose d’un numéro SIRET et qui propose ses services aux porteurs de projet via la plateforme Réseau-Freelances.
- Prestation / Mission : désigne la tâche spécifique confiée par un recruteur à un freelance.
- Plateforme : désigne le site internet dont l’adresse est https://www.réseau-freelances.com. L’accès aux services de la plateforme est exclusivement réservé aux utilisateurs du site.
- Services : désigne tous les services fournis par réseau-freelances sur la plateforme et notamment, le service de mise en relation entre freelances et recruteurs, la mise à disposition d’outils de moyens de paiement, ainsi que des services destinés à accompagner le porteur de projet dans la recherche et la sélection de prestataires indépendants pour l’accomplissement des missions.
- Utilisateur : toute personne ayant atteint la majorité légale et/ou ayant la capacité pour conclure un contrat au sens de la loi, et ayant accepté les présentes Conditions Générales sans aucune réserve lors de son inscription sur le site. L’utilisateur peut être un recruteur ou un freelance.
Article II - Registration on the freelance network
2.1 Acceptance of the General Terms and Conditions
By accessing or using the platform, the user acknowledges that he/she fulfils the conditions set out in article 2.2 and that he/she has read and accepted these General Conditions (GTC)
At the time of registration, the user agrees to comply with the conditions without any reservation by ticking the box "I acknowledge having read and understood the General Conditions of Use and Sale of Réseau-Freelances".
If the user refuses to comply with any of the obligations and conditions contained in these Terms and Conditions, he or she is then advised not to access or use the platform. Thus, the user enters into a contractual agreement with Réseau-Freelances, hereinafter referred to as "the Contract", governed by these GTCs
No tolerance of Réseau-Freelances can be interpreted as a waiver of the rights and obligations resulting from these GTCs
2.2 Creating an account
Access to Réseau-Freelances services requires prior registration. To benefit from the services and platform, the user must create an account by providing the requested information. He must also choose a password and an identifier
The user undertakes to keep this data confidential and to register under a single username and password. The user also undertakes to provide accurate information that must be updated regularly in the event of changes.
If Réseau-Freelances has reason to believe that the security of the services is breached or that they are being misused, it may require the user's logins and passwords to be modified.
In the event that the user provides false, inaccurate, outdated or incomplete data, Réseau-Freelances shall be entitled to suspend or close the account and to refuse access to all or part of the services in the future
The recruiter must create an account to benefit from the services on the platform
Freelancers are invited to fill in their profile as completely as possible and to update it regularly. Freelancers will also have to upload all the required documents to the platform in order to comply with their obligations in the context of the fight against hidden labour, as well as the transparency rules (KYC) for the purpose of combating tax fraud, money laundering and terrorist financing
Article III - Description of réseau freelances’ services and functionning
3.1 Services include, but are not limited to
- Connecting freelancers and clients/recruiters
- Payment methods for recruiters to access the platform's services
- An internal messaging system allowing freelancers and recruiters to communicate in a secure environment
The client/recruiter gets in contact with the freelancer by contacting him/her via the Réseau-Freelances messaging system
ARTICLE IV - PRICES AND PAYMENT TERMS
4.1 Service Prices
The recruiter/project leader must either purchase credits or subscribe to the platform in order to access all the services on the website. The rates are available on the following page https://www.reseau-freelances.com/corporate/recruiter-boutique
4.2 Payment terms and conditions
The Principal settles the amount of credits or a subscription via an electronic money account. Payment is made by credit card through a secure online payment service
In order to secure the system, Réseau-freelances has subscribed to the services of STRIPE Stripe Payments Europe, Ltd, a company authorised as an electronic money institution
ARTICLE V - COMMITMENTS
5.1 Commitments of the User
The user undertakes to access and use the platform and services in accordance with the laws in force and these General Terms and Conditions.
In this respect, the user acknowledges that, for the sole purpose of verifying his or her compliance with these General Conditions and applicable laws, Réseau-Freelances may take note of any content published or exchanged on the site
Likewise, the user acknowledges that Réseau-Freelances may intervene to moderate published content if it does not comply with the laws and regulations in force as well as the user obligations under these General Terms and Conditions
The user expressly refrains from publishing any content that is offensive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and morality, infringing, damaging public order or the rights of third parties, likely to harm the rights, reputation and image of Réseau-Freelances and more generally, whose content would violate the law and/or regulations, in particular criminal law
Users undertake to make fair use of the website, in particular not to bypass the platform and its services
Similarly, any user undertakes not to extract all or part of the content of the site for a similar or competing activity, or for recruitment purposes
5.2 Specific commitments of the recruiter/project leader
The recruiter undertakes to make a serious and sufficiently detailed mission offer to the independent service provider with whom he comes into contact via the platform and to provide him with all the necessary details so as not to mislead him
The recruiter is prohibited from using the services and site to promote his or her activity or that of a third party. As such, the recruiter undertakes not to send any advertising message to users of the platform or to solicit them
The recruiter undertakes to protect any information or data communicated by the freelancer during a contact via the platform, in order to ensure the confidentiality of exchanges between the independent service provider and the project leader
The Independent Service Provider undertakes not to communicate to any third party, in particular via social networks, extracts of written exchanges with a recruiter
ARTICLE VI - RESPONSIBILITIES
6.1. Réseau-Freelances Responsibilites
Réseau-Freelances does everything in its power to ensure the access and proper functioning of the site and Services 24 hours a day, 7 days a week
Nevertheless, given the limits of the Internet, Réseau-Freelances cannot exclude that access and use of the platform and services may be interrupted in particular in the event of force majeure, malfunctioning user equipment, malfunctions of the user's Internet network, maintenance operations designed to improve the platform and services
Consequently, Réseau-Freelances cannot be held responsible for any interruption of services, whether voluntary or not, and it undertakes to limit any interruptions within their control.
Réseau-Freelances reserves the right, without notice or compensation, to temporarily or permanently close the site or access to one or more services to update, modify or change operational methods, servers and accessibility hours, without this list being exhaustive.
Réseau-Freelances reserves the right to make any modifications and improvements to the platform and services that it deems necessary or useful for the proper functioning of the platform and its services
Réseau-Freelances' liability is limited to the provision of services, i.e. connecting users for the purpose of concluding a service contract through the platform
As such, Réseau-Freelances is not responsible for the quantity or quality of the profiles of the independent service providers who are present on the platform, nor for the quality and proper execution of the missions entrusted by the recruiters.
Réseau-Freelances and the user are independent parties, each acting in its own name and its own account
Réseau-Freelances does not conclude any contract in the name and/or on behalf of an independent service provider or recruiter, the latter contracting directly with each other through the platform. Consequently, Réseau-Freelances can under no circumstances be considered as an employee/employer or agent of a user.
As Réseau-Freelances is not a party in any capacity whatsoever to contracts relating to a mission concluded between users, the latter are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or performance of said contracts. Consequently, each user releases Réseau-Freelances from any liability for any direct or indirect consequences resulting directly or indirectly from the linking, conclusion and/or execution of such a contract between an independent service provider and a recruiter
6.2. Responsibility of the user
The user is solely responsible for any direct or indirect damage he may suffer as a result of inaccurate, incomplete, and/or misleading information provided by him at the time of registration or in case such information isn’t updated, for which he alone assumes the consequences. The user is solely responsible for all the content he chooses to put online on the platform. Users are solely responsible for the conclusion and performance of contracts concluded between them, on their own initiative and under their exclusive responsibility, for the performance of a mission. Users acknowledge that the tools and technical means made available by Réseau-Freelances do not exempt them from their responsibility with regard to their legal and tax obligations.
The recruiter is solely responsible for the description of the job offer he/she puts on line on the website for freelancers
In addition, Réseau-Freelances cannot be held responsible for false, misleading or not up-to-date information provided to it by the freelancer.
ARTICLE VII - DURATION AND TERMINATION OF THE CONTRACT
7.1. - Duration of the Contract
The Contract is concluded for an indefinite period of time as from the acceptance of these GTC by the user
7.2. - Termination of the Contract
Réseau-Freelances may immediately and automatically suspend access to the platform and services and, where applicable, terminate this contract automatically and without prior notice in the event of a serious breach of obligations relating to compliance with the legislation in force, regardless of any damages to which it may claim
In all other cases of non-compliance with these General Terms and Conditions, if, at the end of a period of five (5) calendar days from the notification of the breach by Réseau-Freelances communicated through the platform's messaging system, the user has not terminated this breach or this breach has not been remedied, Réseau-Freelances may terminate the contract immediately and automatically, regardless of any damages to which it may claim
7.3. - Unsubscribe
The user may terminate his registration to the services at any time by visiting the website and following the procedure provided for this purpose, which can be found in the "My Account" section. 7.4. - Effects of the termination of the Agreement
7.4. - Effects of the termination of the Agreement
Termination of the contract (including that resulting from your unsubscription) will result in the user's account being inaccessible. The user will no longer be able to access the services. All the data provided by the User will no longer be accessible online to anyone after this termination
ARTICLE VII - CUSTOMER SERVICE
For any question or information concerning the website and its services, the user can contact Réseau-Freelances via the "contact" section on Réseau-Freelances
ARTICLE IX - LITIGATION
These General Terms and Conditions are subject to French law. Any dispute relating to their formation, conclusion, interpretation and/or execution shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal
Date of the last modifications - January 2019