Recruitment tools Terms and Conditions of Sale
These general terms and conditions of sale (hereinafter the "General Terms and Conditions") govern the relationships 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. Hereinafter referred to as "FIGARO CLASSIFIEDS" On one hand,
The user of the website FIGARO CLASSIFIEDS who wishes to publish job offers online. Hereinafter referred to as the "Client". On the other hand,
FIGARO CLASSIFIEDS and the Client are referred to individually as a "Party" and jointly as the "Parties".
FIGARO CLASSIFIEDS, operate an internet platform accessible on www.FIGARO CLASSIFIEDS.com (hereinafter referred to as the "Website"), by means of available technologies, and particularly a computer or a mobile terminal, offering all professionals (hereinafter referred to as the "Members") the possibility of creating a profile to develop their professional network, identify new business opportunities, and maintain a link with their contacts, particularly enabling them to monitor their professional activity and have an accessible and up-to-date address book on line. The Client wishes to purchase job offers sold by FIGARO CLASSIFIEDS and/or its subsidiaries on the Website (hereinafter referred to as the « Service »). By validating the Online Purchase Order, the Client acknowledges having read these General Terms and Conditions and agrees to abide by them unreservedly. They are available at any time on the Website. They can also be obtained by request to FIGARO CLASSIFIEDS. These General Terms and Conditions, completed by the price schedule in force, the editorial charter (which can be consulted on request) and the Online Purchase Order, constitute a contractual agreement between the Client and FIGARO CLASSIFIEDS (hereinafter referred to as the "Contract"). The Parties undertake to perform their respective commitments, pursuant to the terms of this Contract whose fixed and final nature they acknowledge. In any event, the provisions of this Contract shall prevail over the potential terms and conditions of purchase of the Client or any other equivalent document.
Article 1 - Description of the Service
1.1 Job offers
Job Offers are described in detail here. The Client accepts to use the Job Offers in view of recruitment excluding any other service offering. All Job Offers must be put on line within one (1) year from the online payment. The Job Offer shall be published for thirty (30) days from the time it is put on line.
1.2 Talent Bank
Profilthèque is a private database reserved for the use of licensees only. Each Access license to Profilthèque allows a single user to access it using a unique password.
The Client agrees to use Profilthèque exclusively for recruitment, to search targeted Members and offer job opportunities to the exclusion of any other offer of service. The Customer is encouraged to adopt reasonable behavior in the use of Profilthèque and in particular to personalize each message sent in order to develop relationships creating value. In the event of misuse or unreasonable use of Profilthèque, FIGARO CLASSIFIEDS reserves the right to suspend or delete access and to terminate this Agreement. The same shall apply if the Customer carries out practices similar to spam or if Members complain about the consequences of the use of Profilthèque by the Client. In the event of suspension or cancellation, the Customer waives any right of appeal against FIGARO CLASSIFIEDS. In addition, any amount paid will not be returned and any indebtedness in respect of FIGARO CLASSIFIEDS will immediately become due.
The Client shall have access to Profilthèque until termination of its monthly subscription.
1.3 Company Page
The ability to advertise job offers within a Company Page is limited to the Career & Job Tab.
Generally speaking, the Customer can not be part or offer illegal or prohibited activities through the Company Page, as well as any part of the website, as specified by the General Conditions of Use of the Site and In particular by Article 2, or offer a service that wuld compete with an activity developed by FIGARO CLASSIFIEDS.
The Client understands and agrees that he can not request the deletion of contents published on his Company Page of which he is not the author and / or the owner. Including comments published by Members through the "Evaluate Your Business" feature.
The price of the company page depends on the size of the company as reported by the Customer on its Company page.
The Customer shall indicate the actual number of employees working in its company and to update it as soon as possible in case of modification. It being understood that any change in staff numbers will result in a change in the monthly rate paid by the Customer. FIGARO CLASSIFIEDS reserves the right to check aposteriori in particular at the time of invoicing. If it appears that the statement made by the Customer is not in accordance with the actual size of his company, FIGARO CLASSIFIEDS will adjust tariff accordingly. If necessary, this adjustment will be applied retroactively.
The Client shall have access to his Company Page until termination of its monthly subscription.
Article 2 – Term
This Contract shall begin on the date of the payment by the Client (hereinafter the "Effective Date") and shall expire either (i) after the expiry of a period of one (1) year from the Effective Date if the Service has not been activated or (ii) after the expiry of the last of the effective periods of the Service purchased.
The services provided in the form of a monthly subscription are automatically renewed, unless otherwise agreed by the Client. The Customer has the possibility to cancel the tacit renewal at any time by following the following procedure: Log on to the Site and login to access their Account; Hover his/her photo at the top right of the Site, and click on "Subscription and Billing" Click on "Manage your subscription" in the "Dashboard" tab, Enter your password and click the "Disable tacit renewal" button.
If the "interrupt" link does not appear in the "Manage Your Subscription" section, it means that the subscription will not be renewed on the next scheduled date. The deactivation of the tacit renewal must be made no later than forty-eight hours before the anniversary date of the subscription. Otherwise, it will be renewed tacitly for a period equivalent to its initial duration.
Article 3 - Price of the Service, payment terms, late payment
3.1.- Price of the Service and payment terms
The Client consents to pay FIGARO CLASSIFIEDS the price provided in the Online Purchase Order.
All invoices are subject to VAT under the conditions in force on the date on which the invoice is issued.FIGARO CLASSIFIEDS shall invoice the Service in full upon validation of the Online Purchase Order.
The payment is made online by the Client in order to validate the Online Order Form. All payments made after this period shall be deemed late.
No discount is given for early payment of invoices.
FIGARO CLASSIFIEDS reserves the right to change the price in force at any time.
In case of involvement of an agency or an authorised representative, the end client shall be jointly and severally liable for the invoices related to the signed Purchase Order.
3.2.– Late payment
Any sum due by the Client, not paid on its due date, shall bear interest at a rate equal to three (3) times the statutory interest rate calculated on the amount of the sums (including all taxes) due from the first late day following the payment due date. The Client shall further owe a flat rate sum for recovery costs whose amount shall be forty (40) euros. In the event the recovery costs incurred are more than the flat rate amount, FIGARO CLASSIFIEDS may request additional compensation of an amount equal to the costs incurred. Further, the client shall owe damages of a sum equal to 15% of the unpaid amounts.
Article 4 – Obligations of the Client
The Client shall sign up to the Website as a Member to buy job offers online and consequently undertakes to comply with the General Terms and Conditions of Use of the Website and, as appropriate, the General Terms and Conditions of Sale of the Premium service in force.
If the Client does not have a VIADEO account he is invited to create one before to reach the Online Purchase Order.
The Client alone shall be liable for the content it advertises through VIADEO and shall guarantee FIGARO CLASSIFIEDS against any recourse by third parties, regardless of the grounds thereof.
Within this framework, FIGARO CLASSIFIEDS reserves the right to delete or not to put on line any content: which would constitute a competitor activity to that of FIGARO CLASSIFIEDS or its subsidiaries, which would not comply with the applicable laws and regulations, which would not comply with the provisions governing the activity of the Client which would not comply with the editorial charter of the Website which would infringe these General Terms and Conditions, or the General Terms and Conditions of Use of the Website, Or more generally, any content which would be damaging to it.
FIGARO CLASSIFIEDS cannot be held liable for potential errors or omissions related to the content put on line within the framework of the Service.
The Client undertakes not to use or attempt to use robot software or an equivalent automated tool to browse the Website and/or use the Service, or any other process.
The Client undertakes not to use the Website and/or the Service under conditions which may cause an interruption, deterioration or downgrade of performance of the Website and/or the Service or prevent the operating thereof in all or in part. The Client undertakes not to interfere with or disrupt the integrity or the performances of the Service, the Website or the data they contain.
The Client shall be responsible for the use which it, its subcontractors or its authorised representatives make of the Website and/or the Service. In consequence thereof, the Client shall be liable for any illegal and inappropriate use or use contrary to the Contract, of the Website and/or the Service by any third party authorised by it.
The Client shall not use the Website and/or the Service to obtain or search for unauthorised access to IT systems other than its own.
The Client undertakes not to assign or transfer, in any way whatsoever, the Service or any product included in the Service, particularly any advertisement or access to the Members database. As appropriate, the Client undertakes not to make use of the data collected from using the Service, which would infringe the laws and regulations applicable to it. Further, the Client is prohibited from assigning or disclosing all or part of the data of which it becomes aware on the Website.
FIGARO CLASSIFIEDS pays special attention to the quality of the service offered to the users of the Website. Within this framework, the Client is encouraged to adopt reasonable behaviour when using the Service and, in particular, to personalise any message sent in order to develop value-creating relationships.
Article 5 – Obligations of FIGARO CLASSIFIEDS
FIGARO CLASSIFIEDS and its subsidiaries shall do their best to offer optimal quality of Service on the Website.
Account taken of the specific nature of the internet, access to the Website and the provision of the Service might be interrupted or restricted at any time; in such case, FIGARO CLASSIFIEDS may not be held liable.
Since the information provided by Members is collected on a declaratory basis, FIGARO CLASSIFIEDS shall not be liable to this end or for any use made thereof by the Client.
FIGARO CLASSIFIEDS is not subject to any obligation in relation to the frequency of use by the Members of the Website and/or of any Service whatsoever. Consequently, FIGARO CLASSIFIEDS is not subject to an obligation to achieve a fixed result as to the use of the Services and in particular shall not guarantee within this framework the recruitment envisaged by the Client.
The delivery of the Service is conditional upon the stock available on the Website.
In the event FIGARO CLASSIFIEDS cannot provide a Service under the conditions provided in this Contract, FIGARO CLASSIFIEDS may at its earliest convenience partially reimburse the Service or proceed with its subsequent dissemination. FIGARO CLASSIFIEDS shall not be held liable regardless of the option chosen.
Regardless of the damage of which the Client may avail itself, the liability of FIGARO CLASSIFIEDS shall be limited to the amount paid by the Client for the Service, net of all expenses incurred by FIGARO CLASSIFIEDS or its subsidiaries in respect of the performance of the Service.
FIGARO CLASSIFIEDS shall not be held liable for any indirect damage and in particular any loss of turnover.
Article 6 - Intellectual Property
FIGARO CLASSIFIEDS is the owner of the Website, in its technical, graphic, textual or other components, under the sole reserve of the content and data provided by the Members and of the advertising provided by third parties. In particular, the Website shall be accessible by means of software and databases designed and developed by FIGARO CLASSIFIEDS, which belong to it or on which it has intellectual property rights.
These General Terms and Conditions shall not grant to the Client any intellectual property right of any nature on the Website, its components or the brands and images of FIGARO CLASSIFIEDS and its subsidiaries. The Client only has the right to use the Service object of this Contract, pursuant to these General Terms and Conditions. The Client undertakes to compensate FIGARO CLASSIFIEDS and/or its subsidiaries for any damage arising from the infringement, by it, of any of their intellectual property rights.
The Client is the sole owner of and is solely liable for the content it provides and publishes on the Website via the Service and acknowledges to this end that it shall guarantee FIGARO CLASSIFIEDS and its subsidiaries against any recourse by third parties in case of infringement(s) of their rights.
Article 7 – Suspension – Termination
FIGARO CLASSIFIEDS reserves the right to suspend immediately and without notice the Service provided to the Client if it has legitimate reasons to suspect that the Client is in breach of one of the provisions of the Contract, and until the situation under dispute is settled. In such event, the initial term of the Contract shall remain unchanged. Failing settlement of the Client within ten (10) days of the suspension of the Service, the Contract shall be automatically terminated to the exclusive detriment of the Client.
Article 8 - General provisions
8.1.- Force Majeure
FIGARO CLASSIFIEDS shall not be liable for any delay or non-performance of the Contract arising from a force majeure event, as commonly defined by the law and case-law. The occurrence of such an event shall suspend the obligations of FIGARO CLASSIFIEDS for its entire duration.
8.2.- Permanence of the contractual clauses
The fact of not availing itself at a given moment of one of the provisions of the Contract may not be interpreted or considered as a waiver by FIGARO CLASSIFIEDS of its rights under this Contract, shall not in any way affect the validity of all or part hereof and shall not affect the rights of FIGARO CLASSIFIEDS to take action in consequence thereof.
8.3.- Partial invalidity
If any one of the provisions of this Contract are held as invalid by a law, a regulation or declared as such by final ruling of a competent court, it shall be deemed unwritten and the other provisions shall maintain their full force and scope.
8.4.– Entirety and transfer of the Contract
This Contract (i) expresses the entire agreement of the Parties as to its object and replaces any previous verbal or written agreement or arrangement related thereto, (ii) may only be amended in writing and (iii) may not be transferred to a third party by the Client, in all or in part, directly or indirectly, by any means whatsoever, including by merger, partial contribution of assets or any universal transmission of assets. The Client is informed that all of the rights and obligations incumbent upon FIGARO CLASSIFIEDS under the Contract may be transferred to a third party, on the understanding that the entity assuming the Contract shall be bound by the same rights and obligations as FIGARO CLASSIFIEDS.
Any notification under this Contract shall be sent by registered letter with request for acknowledgement of receipt to the address indicated in this Contract or by hand-delivered letter and shall be deemed received upon first presentation thereof.
The titles of the provisions herein shall be used solely for convenience and may not be used to complete or interpret this Contract.
The Parties undertake to collaborate in good faith in view of the proper performance of this Contract.
In particular, each Party undertakes to inform the other of any difficulty it may encounter, during the performance of this Contract, in order to allow for it to be settled promptly, thus contributing to the success of all of the services.
8.8.- Reference clause
The Client authorises FIGARO CLASSIFIEDS to mention its company name and/or its distinctive signs, as a reference, to its other clients, prospects and in its business documentation.
Article 9 - Settlement of disputes
This Contract is governed by French law. In the event of any discrepancy in their interpretation, the french version shall prevail over any other version in any other language. In case of dispute not amicably settled and subject to the public provisions applicable as regards jurisdiction, any dispute related to the interpretation and the performance of this Contract shall be the exclusive jurisdiction of the Commercial Court of Paris.
Date of last amendment: 12 janvier 2017.