Viadeo Freelance Membership Terms of Sale & Conditions

These general terms of sale (hereafter « The General Terms of Sale » or « the Terms of Sale ») govern the dealings between:

The company FIGARO CLASSIFIEDS, a limited company with a capital of 6,974,118 euros, registered to Paris Trade and Companies Register under the number B 431 373 471 whose registered office is 14 Boulevard Haussmann 75009 Paris, represented by its legal representative domiciled in such capacity at the said registered office and operating the website www.viadeo.com (hereinafter the "Site" or "Viadeo"),

Hereinafter referred to as "FIGARO CLASSIFIEDS"

On one hand

AND

The Viadeo Member who has subscribed to the membership offered by FIGARO CLASSIFIEDS on the Viadeo Freelance platform in accordance with the terms set out below,

Hereinafter designated individually or collectively the "Subscriber (s) Viadeo Freelance" or the "Subscriber (s)",under the terms and conditions stipulated below,

On the other hand.

Preamble

FIGARO CLASSIFIEDS operates the Internet platform accessible at www.viadeo.com, offering to all people registered on the Site (hereinafter referred to as "Member (s)") the possibility to create a profile in order to develop their professional network, identify new business and career opportunities, maintain a link with their contacts, monitor their professional activity and have an accessible and updated address book.

By registering on the Site, the Member has accepted the General Terms and Conditions, therefore establishing a contract between him and FIGARO CLASSIFIEDS and giving him access, subject to the conditions stipulated, to the free functionalities of the Site.

FIGARO CLASSIFIEDS has developed Viadeo Freelance as a platform for connecting professionals to research and execute specific missions (hereinafter "Viadeo Freelance").

Project leaders are professionals, individuals or legal entities, who are looking for external expertise (hereinafter "Project Leader (s).")

They have the possibility to post ads on Viadeo Freelance free of charge.

Freelancers are self-employed persons who execute work to order and who have completed the formalities required by the Centre de Formalités des Entreprises in order to have a SIRET number (hereinafter the "Freelance (s).")

When they wish to contact Project Leaders to offer their expertise, they must subscribe to Viadeo Freelance (hereinafter the "Subscription(s)" or "Viadeo Freelance Subscription(s)" a service provided by FIGARO CLASSIFIEDS in return for a fee.

By subscribing to Viadeo Freelance, the Freelancer acknowledges having read the General Terms and Conditions and agrees to comply without any reservation. It therefore acquires the status of subscriber (hereinafter the "Subscriber (s).")

The Freelance Subscription’s General Terms and Conditions can be consulted at any time by clicking here. They can be obtained upon simple request to FIGARO CLASSIFIEDS.

If the Freelancer refuses to comply with any of the obligations and conditions in these Terms of Sale, he or she is invited not to take out the subscription.

These Terms of Sale are a Contractual Document within the meaning of the Terms of Use of the web Site and form an integral part of the Contract concluded between the Freelance and FIGARO CLASSIFIEDS.

Article 1 – Viadeo Freelance Subscription Description

The Viadeo Freelance subscription includes all the advantages of the Premium Subscription, and allows Subscribers to get in touch with Project Leaders to offer their expertise.

The features of the Viadeo Freelance subscription are described in detail by clicking here.

Article 2 – Membership subscription

To subscribe a Membership, the Freelance must go to the subscription page by clicking on "Find a mission" then "Subscribe to Viadeo Freelance" located at the top right of the platform or click here.

The Freelance completes the Subscription Form which is accessible online (Hereafter called « The Subscription Form »). By completing the Subscription Form, the Freelance confirms that he or she has read these Terms of Sale and agrees to abide by them unreservedly. They can be consulted at any time on the Site.

Subscription is activated upon receipt of payment by FIGARO CLASSIFIEDS.

Article 3 – Membership duration and modification

Subscriber agrees for the term determined in the corresponding Subscription Form. Its Subscription will be renewed automatically at the end of its initial term and for an identical duration, unless the Subscriber wishes otherwise.

Subscribers may terminate at any time the Membership to which they have subscribed by following the procedure described hereunder:

  • Go to the Site and log in to his/her account using his/her email address and password.
  • Mouse-over his/her name in the upper right-hand corner, then click on “Subscription & billing”
  • Then click on "Manage your Premium Membership"in the “Dashboard”
  • Click the “Click to cancel auto renewal” link at the bottom of the page;
  • Enter his/her password to activate the cancellation of the tacit renewal.

The request to unsubscribe a Membership will be taken into consideration and made effective upon the anniversary date of the Contract, defined as the date of expiration of the term determined in the subscription page, if the request is received by FIGARO CLASSIFIEDS no later than forty-eight hours before this anniversary date. Failing this, the Contract will be tacitly renewed for a term equivalent to its previous length.

Article 4 – Price, billing terms and delay or payment default

4.1. - Price and Membership payment options

FIGARO CLASSIFIEDS offers various subscription plans depending on the length of time that the Freelancer wishes to subscribe.

The rates of the different Subscription plans are available online in the subscription page (i.e. the Subscription Form). FIGARO CLASSIFIEDS reserves the right to change its rates at any time. It is understood that the Subscriptions in progress are not impacted by the changes in the fee schedule.

The rates, which are indicated monthly, for information and in a comprehensive way, are billed in a single payment at the time of the subscription.

Note that FIGARO CLASSIFIEDS does not keep the subscribers' bank details.

At the time of the tacit renewal, withdrawal is made directly on the anniversary date of the Subscription to the bank account used for the initial subscription.

4.2. – Billing

Membership is billed the day of subscription. To view his/her billing information, Subscriber can simply mouse over his/her profile name, click on "Subscription & billing" and then click on "Invoices". The Subscriber is invited to complete his invoice before being able to consult it.

4.3. – Delay or payment default

The Subscriber will be sent an email notification for any delay or default in paying the Membership, informing him or her that they have (8) days in which to regularize the position. Access to the corresponding functionalities for the Membership can be suspended during this period.

If all sums are not paid within this deadline, the Contract shall be terminated ipso jure by FIGARO CLASSIFIEDS without any formality or any counterparty.

Article 5 - Right of withdrawal

Subscribers who reside in a country of the European Union have a withdrawal period of 14 days from the membership subscription without giving reasons. Beyond this period, the Subscribers will not be able to obtain the cancellation of their current subscription.

To exercise the right of withdrawal, Subscriber have to notify FIGARO CLASSIFIEDS - VIADEO - 14 Boulevard Haussmann - 75009 Paris of its decision to withdraw from this contract by means of an unambiguous statement sent by post to the address indicated above or by email by clicking Help. The Subscriber may, if he wishes, use the template of the withdrawal form.

In order for the withdrawal period to be respected, the Subscriber must inform FIGARO CLASSIFIEDS of its intention to withdraw before the expiry of the withdrawal period.

The Subscriber will be refunded the amount paid within a maximum of 14 days from receipt of his request, by credit card or via Paypal if the payment was made through this way.

Article 6 - Subscriber obligations

The Subscriber commits to abide fully by article 2 of the General Terms of Use, and specifically to the following:

  • Communicating accurate information when registering and using the Site and updating it regularly;

  • Comply with legal, regulatory and customary provisions and respect the rights of third parties, including intellectual property rights;

FIGARO CLASSIFIEDS pays particular attention to the quality of service offered to Viadeo users. In this respect, the Subscriber is urged to adopt reasonable conduct in the use of the Membership and particularly to personalize each message sent in order to develop relationships generating value.

In case of breach of one or several of these rules by the Subscriber, FIGARO CLASSIFIEDS reserves the right to suspend and/or terminate the Contract, to block the account of the Subscriber involved, to delete litigious messages automatically, to block the publication of all or part of the profile of the Subscriber, and/or block his/her/their access to all or part of the Service, whether temporarily or definitively, without any compensation.

The Viadeo Freelance Subscriber is solely responsible for the completion of the formalities required by law or regulation. Thus, it undertakes to comply with all the legal and in particular social, administrative and fiscal obligations imposed by its Freelance status.

The responsibility of FIGARO CLASSIFIEDS can not be engaged as such.

Moreover, the Subscriber is solely responsible for his decision to apply for a mission and / or to contract with a Project Leader.

FIGARO CLASSIFIEDS has only a linking role via the Viadeo Freelance platform.

As a result, FIGARO CLASSIFIEDS and / or affiliated companies can not be held liable for any disagreement or dispute between the Project Leader and the Viadeo Freelance Subscriber.

Article 7 – Modifications to General Terms of Sale

The current General Terms of Sale may be modified by FIGARO CLASSIFIEDS at any time and without prior notice. The Subscriber is therefore invited to regularly consult the latest updated version thereof, which is freely available and permanently accessible from the home page of the Site, by clicking on the “Terms & Conditions” link.

Modified General Terms of Sale come into force from the moment they are published online and are legally applicable from then on.

Article 8 – Mediation

Any dispute relating to these General terms of Sale may be settled out-of-Court at any time before the CMAP - Centre de Médiation et d’Arbitrage de Paris.

To submit a dispute to the mediator, the Subscriber may choose (i) to fill out the form on the CMAP website: www.cmap.fr tab "you are : a consumer", (ii) send his application by simple mail or recorded letter to the CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr.

Whatever the means used to submit the CMAP, the application must contain the following elements in order to be processed quickly : the Subscriber's contact details such as postal address, email and telephone as well as FIGARO CLASSIFIEDS’ (FIGARO CLASSIFIEDS, 14 Boulevard Haussmann, 75009 PARIS) with a brief statement of the facts, and proof of the prior steps taken by Subscriber with FIGARO CLASSIFIEDS.

It has already been agreed that :

  • any oral or written exchange between the Subscriber and FIGARO CLASSIFIEDS during the mediation is strictly confidential and can in no case be communicated to a third party,

  • if the Subscriber and FIGARO CLASSIFIEDS reach an agreement, it will be recorded in a transactional agreement signed by them and the mediator, with legal enforceability,

  • if the mediation fails, the most diligent party may apply to the competent Court as indicated in Article 9 below.

Article 9 – Applicable Law – Assignment of Jurisdiction

The conclusion, interpretation, and the validity of the present General Terms of Sale and of the Contract are governed by the French Laws. In the event of any discrepancy in their interpretation, the french version shall prevail over any other version in any other language. Subject to applicable public-order provisions regarding the assignment of jurisdictions, the courts corresponding to FIGARO CLASSIFIEDS ’s head offices shall have sole jurisdiction regarding any litigation related to this present Contract not resolved amicably under the conditions laid down in Article 8 above, including but not limited to any litigation regarding its validity, interpretation, execution and/or termination, and the consequences thereof.

Last update: 15 march 2017