Verze ze dne 1 Listopad 2017
GENERAL TERMS AND CONDITIONS OF SALE
Version of November 1, 2017
These General Terms and Conditions of Sale (the "General Terms and Conditions of Sale" or "GTCS") are signed between the company CORUSCANT (the "Company") and the Client for the purpose of defining the terms on which the Company provides the WTTJ and Welcomekit services to the Client.
The General Terms and Conditions of Sale may be revised at any time and apply without restriction or reservation to all WTTJ Services and Welcomekit services, regardless of any clauses which may appear in the Client's documents, including its general terms of purchase.
For all questions pertaining to this document or our services, please contact us by email (firstname.lastname@example.org) and/or read our Frequently Asked Questions (FAQs).
Table of Contents
Terms of WTTJ Subscription
- Welcome to the Jungle Services
- Signing up for a WTTJ Subscription
- Filming process 3.1 Preparation for video shoot 3.2 Terms of postponing the video shoot 3.3 Online posting of Company Profile
Financial terms of the WTTJ Subscription
4.2 Payment procedures
4.3 Cancellation of a Purchase Order before the Company Profile is posted online
4.4 Changes to a Purchase Order for a WTTJ Subscription in progress
Image rights – Authorizations
Renewal or Termination of a WTTJ Subscription
*Terms of Welcomekit Subscription *
- Welcomekit Subscriptions
- Signing up for Welcomekit Subscriptions
- Pricing and terms of payment for Welcomekit Subscriptions
- Duration – Termination of Welcomekit Subscriptions
*Common provisions of WTTJ and Welcomekit Subscriptions *
- Client's obligations
- Intellectual property 2.1 Exclusive property of the Company 2.2 Content provided by the Client 2.3 Assignment of rights associated with the Creations – Guarantee of unobstructed use
- Liability 3.1 Services offered by the Company 3.2 Content imported via the Platform 3.3 Hyperlink
- Force majeure
- Confidentiality and protection of data
- Electronic communication
- Place of domicile
- Applicable law and jurisdiction
TERMS OF WTTJ SUBSCRIPTION
ARTICLE 1. WELCOME TO THE JUNGLE SERVICES
The Company publishes a website, which can be accessed at the address www.welcometothejungle.co, devoted to recruiting (hereinafter the "WTTJ site"). The Welcome to the Jungle services are marketed in the form of subscriptions (hereinafter the "WTTJ Subscription") and include the creation of a profile page on the WTTJ site (hereinafter the "Company Profile") and access to the Welcomekit Platform (hereinafter collectively referred to as the "WTTJ Services").
WTTJ Subscription – All WTTJ Subscriptions have a minimum duration of one (1) year. The subscriptions start on the day on which the Company Profile is posted online and are granted for the duration indicated on the Purchase Order.
Company Profile – The creation of a Company Profile includes the production and online posting of individual interviews recorded in audiovisual form with the Client's employees, the number and duration of which are defined in the Purchase Order, and the online posting of photographs of the offices and staff, the number of which is defined in the Purchase Order (hereinafter, the "Creations".)
Access to the Welcomekit Platform – Our Welcomekit Platform provides access to the following functions, among others: a "Job Offers Management" service that enables the Client to integrate their job offers in the Welcomekit Platform and broadcast them ("job offers" means any listing published by the Client for the purpose of filling a position within the Client's entity for the short- or medium-term, hereinafter the "Job Offers") and the "Applications Management" service that enables access to applicant profiles and management and organization of applications history. The Client may also make use of other special functional features by taking out a supplemental Welcomekit Subscription on the terms set forth in Article 8 hereinafter.
ARTICLE 2. SIGNING UP FOR A WTTJ SUBSCRIPTION
The Client may sign up for a WTTJ Subscription by requesting an appointment with the sales team via the Contact tab on the WTTJ Site. All purchases of WTTJ Subscriptions are formalized in a Purchase
ARTICLE 3. FILMING PROCESS
3.1 Preparation for video shoot
Upon receipt of the signed Purchase Order, the client relations team contacts the Client to explain how the upcoming video shoot will be organized. The date, time and location of filming are sent to the Client in an email which also includes an informational booklet summarizing the stages of the video shoot and explaining how and what to prepare.
3.2 Terms of postponing the video shoot
If the Client is responsible for a delay in the video shoot, the following compensatory fees are due:
- (i) If the request to postpone is submitted to the Company ten (10) or more business days before the start of filming: no compensation is due, unless otherwise stipulated;
- (ii) If the request to postpone is submitted to the Company ten (10) or fewer business days before the start of filming: the Company charges a flat rate of €500 to compensate for the booking of a camera operator, as well as 50% of the transportation fees;
- (iii) If the request to postpone is submitted to the Company five (5) or fewer business days before the start of filming: all the expenses incurred by the Company, including the wages of the technical teams and travel expenses, are due. All requests to postpone filming must be sent by email to email@example.com.
If the Company is responsible for a delay in the video shoot:
- (i) If notice is given ten (10) or fewer business days before the filming date, the Company shall propose a new filming date within 48 hours;
- (ii) If notice is given five (5) or fewer business days before the filming date, the Company shall propose a new filming date within 48 hours and shall offer the Customer one (1) month of free WTTJ Subscription. The periods stipulated in section 3.2 hereof are calculated without counting the day of filming.
3.3 Online posting of Company Profile
After filming is completed, the Client and the Company mutually agree to make every effort to post the Company Profile online within a reasonable time frame. In particular, within one (1) month of its receipt, the Client shall return the duly completed information questionnaire. If the questionnaire is not returned within the aforementioned time frame, the Company shall be forced to invoice the client in advance for the expenses incurred for the video shot.
Once the questionnaire has been returned, the photos and videos are sent to the Customer within ten (10) business days. From that date, the Client undertakes to approve its Company Profile and post at least one job offer within one month. Beyond that deadline, the Company shall billing for the WTTJ Subscription.
ARTICLE 4. FINANCIAL TERMS OF THE WTTJ SUBSCRIPTION
The selling price of the WTTJ Services is that in effect on the day on which the Purchase Order is approved. The prices are expressed in Euros, exclusive of tax and inclusive of all taxes at the time of approval of the Purchase Order and have no bearing on the future, the Company remaining free to change the prices of the WTTJ Services.
The prices indicate the value added tax (VAT) applicable on the day of approval of the Purchase Order, it being stipulated that any change in the applicable VAT rate shall be automatically applied to the price of the WTTJ Services. Clients in the European Union that provide either a valid intra-Community VAT number or a VAT exemption number are exempted from VAT in France in application of Article 262 b I of the General Tax Code. Nevertheless, the Company retains the ability to invoice VAT if the Client's intra-Community VAT number is flagged as "invalid".
4.2 Payment procedures
When submitting the Purchase Order, the client may opt for one of the two following payment procedures:
Direct debit via Stripe - The WTTJ Subscription is invoiced as soon as the Company Profile is posted online. The debits are processed automatically each month on the calendar day corresponding to the date on which the Company Profile was posted online and are described in an invoice that can be downloaded directly from the account page. In some cases, the Client's billing date may change, in particular if the Company Profile is not approved within the time frame set forth in Article 3.3 hereof.
By bank wire – The payment must be made within thirty (30) days of the date of the invoice issued by any means upon publication of the Company Profile. Depending on the amount stated on the Purchase Order, the Company may invoice the WTTJ Subscription in advance or demand a down payment, the terms of which are defined in the Purchase Order.
The non-payment of sums due within a period of sixty (60) days shall result in the assignment of late payment fines equal to three times the legal interest rate. The legal interest rate retained is equal to the interest rate applied by the European Central Bank to its most recent refinancing transaction plus 10 percentage points based on the rate on the day following the payment due date. This fine is calculated on the tax-inclusive amount of the sum remaining due. In addition, a flat rate fine for collections fees in the amount of €40 shall be applied effective on the day following the due date.
In the event of non-payment by the Client of the sums due, the Company reserves the right to restrict the Client's access to its WTTJ Subscription after having notified it by any means, without prejudice to its right to suspend access to the WTTJ Subscription as stipulated hereinafter. The Company also reserves the right to suspend the WTTJ Services purchased by the Client after having notified the Client of such by any means, and, after having sent a letter of formal notification that goes unheeded, to terminate the WTTJ Subscription contract on the terms set forth in Article 6.2. Suspension of the WTTJ
Services results in the immediate payability of all sums billed to the Client. Re-posting shall be possible only upon full payment of the sums due.
4.3 Cancellation of a Purchase Order before the Company Profile is posted online
Any request to cancel the purchase of a WTTJ Subscription, for any reason whatsoever except Force Majeure, made after the Company has shot the footage needed to post the Company Profile online, shall cause the Client to be liable for the payment of cancellation fees equal to 50% of the total tax-inclusive price of the WTTJ Subscription indicated on the Purchase Order.
4.4 Changes to a Purchase Order for a WTTJ Subscription in progress
Any request to change the WTTJ Services in progress, including but not limited to a request to conduct additional interviews, a request to conduct two-person interviews or a request to film new offices after a Client relocation, shall be subject to an additional Purchase Order that must be accepted in the forms and time frames set forth in Article 2 of the GTCS.
Any request to edit footage that is not the result of technical deficiencies caused by the Company, including any adaptations of the appearance, clothing, behavior or speech of the employees interviews, is the sole responsibility of the Client which shall pay for all additional costs incurred to make these changes with no possibility of reimbursement.
ARTICLE 5. IMAGE RIGHTS – AUTHORIZATIONS
In the context of producing the Creations ordered, the Client shall ensure that is does not harm the image of the persons photographed and/or filmed, especially minors. The Client undertakes to (i) notify its employees and/or extras that they will be photographed and/or filmed and (ii) have its employees and/or extras sign an authorization so that their likeness may be used on all media in the framework of distributing and publishing the Creations to the Company Profile or any other page of the Site. For minors, the release must be signed by the parents or any other legal representative. Furthermore, if some people absolutely do not want to be photographed and/or filmed, the Client undertakes to promptly notify the Company. Consequently, the Client attends to the renunciation of their image rights by the employees and/or extras and assures the Company that each employee and/or extra has explicitly waived their image rights and shall replace the Company in any actions taken by these individuals.
ARTICLE 6. RENEWAL – TERMINATION OF THE WTTJ SUBSCRIPTION
The WTTJ Subscription is purchased for the duration indicated in the Purchase Order.
If the Stripe payment option is selected as set forth in Article 4.2 of the GTCS, the WTTJ Subscription is automatically and tacitly renewed for successive periods of twelve (12) months at the price in effect for the year of renewal as communicated by the Company, unless a prior notice of termination is sent by registered mail with return receipt requested two (2) month before the expiration of the Subscription.
If the bank wire payment option is selected as set forth in Article 4.2 of the GTCS, the Subscription ends upon expiration of the period indicated in the Purchase Order. Any renewal beyond this period must be addressed in an explicit agreement.
The WTTJ Subscription may be terminated automatically as a matter of right by one of the parties in the case that the other party does not fulfill the obligations incumbent upon it without giving the Client any recourse to financial remuneration.
The termination of the Client's WTTJ Subscription shall take effect at the conclusion of a period of fifteen (15) days from the notification by one party, by registered mail with return receipt requested, of a breach of its obligations by the other party.
The company may, in particular, suspend as a matter of right and without prior notice, the WTTJ Subscription and access to the WTTJ Services and terminate the Subscription on the above terms, in the event of:
In the event of early termination of the WTTJ Subscription, regardless of the reason, all sums still owed by the Client (including those pertaining to periods of suspension arising from the Client's actions) shall be immediately payable without prejudice to any damages that may be owed to the Company.
TERMS OF WELCOME KIT SUBSCRIPTIONS
ARTICLE 1. WELCOMEKIT SUBSCRIPTIONS
The various fee-charging functions of Welcomekit are presented on the site www.welcomekit.co (the "Welcomekit Site").
The Company expressly reserves the right, without compensation, to change at any time all or part of a functional feature sold as part of the Welcomekit Subscriptions.
ARTICLE 2. SIGNING UP FOR WELCOMEKIT SUBSCRIPTIONS
Users may sign up for a Welcomekit Subscription via the Welcomekit Platform or by contacting the Company's sales teams via the Contact tab.
The Welcomekit Subscription takes effect on the date on which the Client begins benefiting from the paid features of the Welcomekit Service (the "Activation Date").
ARTICLE 3. PRICING AND TERMS OF PAYMENT FOR WELCOMEKIT SUBSCRIPTIONS
Pricing - The selling prices of the Welcomekit Services are those which appear on the Welcome Kit Site, listed inclusive of all taxes and exclusive of tax (Value Added Tax, or VAT, plus other taxes) at the time of purchase of the Welcomekit Subscription. The prices have no bearing on future terms. The prices indicate the VAT applicable on the day of the order, it being stipulated that any change in the applicable VAT rate shall be automatically applied to the price of the Welcomekit Services. The Company is free to change the pricing of the Welcomekit Service. These increases in the prices of Welcomekit Subscriptions shall be communicated to the Client, by any means, at least two (2) month before they take effect. The Client shall then have the option to end its Welcomekit Subscription under the terms set forth in Article 10 hereinafter.
Payment – Welcomekit Subscriptions are to be paid in advance each month via Stripe recurring payments. The first direct debit is processed on the Activation Date of paid Welcomekit Services. The subsequent monthly debits are processed on the calendar day corresponding to the Activation Date.
Invoicing - The Welcomekit Subscriptions fees, as well as any other expenses associated with use of the Welcomekit Service, such as taxes and any late payment fines, shall be invoiced each month on the calendar day corresponding to the start of the period of paid Welcomekit Subscription access, via Stripe or any other payment method chosen by the Client.
Payment default - If settlement of a payment fails because of (i) the expiration of the method of payment, (ii) insufficient funds, or (iii) any other reason, the Company may suspend the Client's access to the Welcomekit Services until it obtains a valid means of payment.
ARTICLE 4. DURATION - TERMINATION OF WELCOMEKIT SUBSCRIPTIONS
Each Welcomekit Subscription is for a duration of one (1) month from the Activation Date of the Welcomekit Services. Absent termination, the Welcomekit Subscription is renewed for successive periods of one (1) month. The Client may terminate its Welcomekit Subscription at any time. Absent termination before the monthly end date, the Welcomekit Subscription fees for the following month shall be billed. To terminate its Welcomekit Subscription, the Client must access its Account Page and follow the instructions. Access to paid Welcomekit Services shall be automatically suspended at the conclusion of the billing period in progress on the day of the termination request. The Client can find their Welcomekit Subscription end date in their Account Page.
COMMON PROVISIONS OF WTTJ AND WELCOMEKIT SUBSCRIPTIONS
ARTICLE 1. CLIENT'S OBLIGATIONS
In the context of using the WTTJ Services, the Client undertakes to:
- Comply with the provisions described in the GTCS and with laws in effect, and to respect the rights of third parties;
- Refrain from disseminating Job Offers on behalf of a third party;
- Use its passwords and/or login IDs for the strict purpose of authentication on the Welcomekit Platform;
- Convey only information, files and other content that are factually accurate, honest and fair;
- Refrain from divulging via the Welcomekit Platform any personal information (copy, photos and videos) belonging to third parties without their consent;
- Avoid importing and disseminating via the Welcomekit Platform illegal discourse or content, in particular any content that is forged, defamatory, abusive, insulting, obscene, offensive, discriminatory, violent, xenophobic or that incites racial hatred; or any other content inconsistent with the standards of public decency and good conduct;
- Refrain from integrating and disseminating via the Welcomekit Platform content that would undermine the purpose of the WTTJ Services;
- Avoid communicating or sending, via the Welcomekit Platform, content of any kind whatsoever that contains links to websites that are illegal, offensive or incompatible with the purpose of the WTTJ Services. Furthermore, the Client expressly guarantees the truthfulness and accuracy of the information contained in the Job Offers (job vacancies, profiles being sought out, Client information, etc.).
ARTICLE 2. INTELLECTUAL PROPERTY
2.1 Exclusive property of the Company
The content of the Welcomekit Platform, especially its structure, design, interfaces, databases, copy, marks, images and all other graphic elements which comprise it, to the exclusion of content belonging to third parties, are the exclusive property of the Company. This content is protected by the provisions of the Intellectual Property Code and by all national and international documents in effect which apply to intellectual property rights.
Any reproduction, dissemination or use of all or part of the content of the Welcomekit Platform in any form whatsoever without the express prior consent of the Company is prohibited and would amount to infringement, which is punishable in particular under Articles L. 335-2 and subsequent of the Intellectual Property Code.
Similarly, the Client agrees not to:
✓ Make any extractions by temporary or permanent transfer, or use by making publicly available, all or a substantial portion, in quantitative or qualitative terms of the Welcomekit Platform and other databases which are visible on the platform, for commercial or other purposes;
✓ Extract or use in a repeated or systematic manner all or part of the information visible on the Welcomekit Platform, when such an activity obviously exceeds normal, private use of the WTTJ Services;
✓ Exploit, market or distribute any element comprising the Welcomekit Platform, especially the information visible on the platform or any other database;
✓ Use software or manual processes to copy the Company's web pages or to save or collect the information on the pages of the Welcomekit Platform without the express prior consent of the Company;
✓ Use devices or software for the purpose of disrupting or attempting to disrupt the smooth operations of the Welcomekit Service; Or take any actions that would place a disproportionate burden on the Company's infrastructure.
2.2 Content provided by the Client
The Client integrates and distributes content via the Welcomekit Platform (Job Offers, information about it, copy, etc.) (hereinafter the "User Content"). In this capacity, the Client is and remains the owner of the rights to said content.
To this end, the Company undertakes to:
Refrain from storing any copies of the User Content, except for those needed to provide the WTTJ Services;
- Refrain from using the User Content for purposes other than those specified herein; - Take every measure to prevent the distortion or misuse or fraudulent use of the User Content.
2.3 Assignment of rights associated with the Creations – Guarantee of unobstructed use
Subject to full payment by the Client of the sums which compensate the Company's work and Creations to post the Company Profile online, the Company assigns to the Client a non-exclusive right to represent, reproduce and adapt all the Creations, for the entire world, for the full period of protection of said rights, currently granted and that may be granted in the future to the authors; for all media commonly used by the Client for commercial or non-commercial promotional and communication purposes, whether they are physical or online and, in particular, for the following targets: networks, electronic and radio communication devices and receivers, fixed and mobile Internet, fixed and mobile telephone systems, print, posters, etc.
The Company guarantees that it has obtained legal authorizations and that the work or services it performs in application of the Purchase Order do not, in any way, infringe on the copyrights of protected works (especially with regard to authorizations to use quotations, excerpts of works, music, graphic designs and photos).
The Client and the Company agree hereby that the Company shall not be held liable for the elements provided to it by the Client.
ARTICLE 3. LIABILITY
3.1 Services offered by the Company
The Company shall not be held liable for the use made by the Client of the WTTJ Services. The Company shall not be held liable for simple errors or omissions that may have occurred in spite of all the precautions taken in the presentation of the WTTJ Services. The Company shall not be held liable for any damage arising from the use of the WTTJ Services or from the introduction of an applicant to the Client. The Client is fully liable for its use of the WTTJ Services. As such, it should be noted that the Company does not intervene in the candidate selection process. Similarly, the Company does not intervene as a headhunter or recruiting firm. Finally, the Client is responsible for complying with the law in its handling of the personal data of applicants who respond to its Job Offers.
3.2 Content imported via the Platform
The Company does not exercise any control over:
- The User Content imported via the Welcomekit Platform (its lawfulness, suitability, accuracy or timeliness, for example). Any opinions expressed in the content published are those of their authors. - The abilities or quality of persons registered on the Platform. The Company shall not be held liable for the User Content imported. Because the User and the Client are solely responsible for said Content, the Company only plays a role as a technical host of said Content. The Company only provides access and maintenance for the Welcomekit Platform, as well as the hosting of User Content.
The Platform may contain hyperlinks to third-party websites, including the sites of commercial partners. The Company shall not, in any way, be held liable for direct and/or indirect damage that may arise from the use of the content, data or information of any kind that is accessed from said hyperlinks. It is incumbent on the Client to check whether the information that appears on these partner websites is accurate, complete and compliant with regulations.
ARTICLE 4. FORCE MAJEURE
Neither of the Parties shall be held liable by the other party in the event of a failure to execute or a suspension in the execution of the obligations incumbent upon it in application hereof if said failure or suspension is in any way whatsoever the result or by-product of laws, regulations, decrees, petitions or ordinances of any governmental entity, or of a war, rebellion, riot, act of terrorism or real threat of terrorism, or of an uprising, or of any natural disaster, flood, natural catastrophe, or of any other cause beyond the control of either of the parties, whether or not it is similar to those listed above (hereinafter collectively referred to as an "Instance of Force Majeure"); provided, however, that (1) the party that wishes to invoke such an Instance of Force Majeure to justify a failure to execute or a suspension notifies the other party promptly in writing, indicating its foreseeable duration and the period for which a suspension of execution is requested, (2) the parties shall meet to discuss in good faith the amendment of the terms of the Purchase Order and the WTTJ or Welcomekit Subscription to take into account this suspension and other (possible) modifications sought by either of them as a result of the action, and (3) if the parties cannot reach an agreement in this context, one party or the other shall have the right to terminate this agreement provided that it notifies the other party in writing by registered mail with return receipt requested. In the event of termination, neither party shall be held liable by the other.
ARTICLE 5. CONFIDENTIALITY AND PROTECTION OF DATA
ARTICLE 6. CAPACITY
Each party warrants and guarantees that it is fully authorized to sign this agreement and to fulfill the obligations incumbent upon it under the terms hereof and, in the event that an agency purchases a WTTJ or Welcomekit Subscription in the name and on behalf of an end customer or involving an end customer, that its customer has given it full powers to purchase a WTTJ or Welcomekit Subscription in its name, on its behalf and for its benefit. In this case, the agency must ensure that its customer is familiar with the terms hereof and guarantees that its customer will sign this contract directly with the Company if it so requests.
ARTICLE 7. ELECTRONIC COMMUNICATION
The parties acknowledge and agree that electronic communications are an acceptable means of communication for signing or sending a Purchase Order or for amending the terms of a Purchase Order, including when it is renewed. Each party agrees to receive electronic documents and accepts electronic signatures (information attached to or electronically linked to said document and performed or adopted by the party whose intent is to sign the document), including in multiple copies considered to be valid
substitutes for paper documents and handwritten signatures. The legal validity of a WTTJ or WelcomeKit Subscription purchase may not be contested on the grounds that it exists in electronic form.
ARTICLE 8. PLACE OF DOMICILE
The parties elect as their domiciles the addresses indicated on the Purchase Order for the Client and the address which appears on the WTTJ Site for the Company.
ARTICLE 9. INVALIDITY
If any one of the provisions hereof is deemed to be null in light of a legal rule in effect or of a definitive court decision, it shall be deemed unwritten, without causing the invalidity of these GTCS nor altering the validity of its remaining provisions.
ARTICLE 10. NON-WAIVER
The fact that one of the parties does not invoke on a temporary or permanent basis one or multiple provisions of these GTCS shall not be construed as a renunciation of their right to make use of the remainder of the GTCS.
ARTICLE 11. APPLICABLE LAW AND JURISDICTION
These GTCS are governed by French law.
IN THE EVENT OF a DISPUTE, THE PARTIES AGREE FIRST TO ATTEMPT TO REACH AN AMICABLE ARRANGEMENT. IF THEY FAIL, ANY DISPUTES THAT MAY ARISE BETWEEN THE PARTIES RELATING TO THE SIGNATURE, INTERPRETATION, EXECUTION AND TERMINATION HEREOF SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS, TO WHICH THE PARTIES EXPRESSLY ASSIGN SOLE JURISDICTION, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, INTRODUCTION OF THIRD PARTIES OR SUMMARY OR EX-PARTE PROCEEDINGS.