General Terms and Conditions of Sale
These Terms and Conditions are intended to define the procedures for the provision of services related to MyExpatJob site.
Any access and / or use of the MyExpatJob site implies acceptance and respect of these Terms and conditions and their unconditional acceptance. They therefore establish a contract between the User and MyExpatJob (trademark owned by E-Apps).
In case the user does not wish to accept all or part of these terms, he is asked to renounce any use of MyExpatJob site.
“The Company”: we call “Company” E-Apps Company, which publishes the www.myexpatjob.com site, located 2 Avenue de la République – 94300 Vincennes, RCS Créteil 812 489 003, APE code 6201Z.
“Job Offers”: we call “Job Offers”, the detailed ad broadcasted by a “client” as part of his candidate search.
“CV”: we call “Resume” the summary of the training of an applicant, his skills and professional experience. The candidate makes his CV available to the Company in order to ensure the distribution to its client.
“CV Bank”: we call “CV Bank” the database combining personal and professional information about the candidates and their CV.
“Candidate”: we call “Candidate” the natural person who makes his CV available to the company as well as the person registered, pending to receive jobs by email.
“Client”: we call “Client” the legal person, who publishes his job vacancies on the website of the Company (www.myexpatjob.com), and / or who has access to the CV database and / or who advertises.
“Contract”: we call “contract”, the order signed by the Client, detailing the chosen services and their prices.
2. CONTRACT OBJECT
Our sales are subject to these standard terms and conditions of sale
Every new customer must transmit administrative information needed for qualification for the opening of an account.
In case of conflict between these terms and conditions of sale and terms of a Client purchase, it is settled that these terms and conditions shall prevail.
www.myexpatjob.com website offers two types of services: rental of advertising spaces and publication of job offers through a choice of three different packages:
- Package “Post your job”: is included in this package the publication of one job offer visible for 30 days.
- Package “Resume database”: is included in this package the access to the CV Bank for 30 days.
- Package “Préselection” : is included in this package the publication of one job ad for 60 days, an unlimited access to the CV Bank for 60 days and the pre-selection of minimum 3 qualitative CVs by the company for the client.
- Package “Recrutement” : is included in this package the publication of one job ad for 60 days, an unlimited access to the CV Bank for 60 days and all the recruiting process.
Any insertion request (job offer, banners, links etc.) on www.myexpatjob.com website is considered firm and irrevocable by the Client when creating the “Employer” online account or when signing ‘an order form.
If this request is made by an agent, it jointly commits him and the Customer, including for the proper settlement of this announcement. The agent must act under cover of a notification by the Client who shall define the scope and duration of its mandate.
3. PRICE – PAYMENT CONDITIONS
These general conditions of sale and the rates charged by the Company may change at any time without notice. These changes have no impact on current contracts and offers already issued.
The pricing conditions of the offer made by the Company to the Customer or its agent have a validity period of 30 days (60 days for “Présélection” & “Recrutemet” packages) since the issuance of the offer.
The prices stipulated on the website are exclusive of tax and are effective on the day of the “signature” of the contract.
VAT rate and applicable taxes are those imposed by the current legislation on the date of conclusion of the contract.
By subscribing to a package, the client agrees to pay € 149.00 excl tax for the package “Resume database” and € 1500,00 excl tax for the package “Présélection”.
The package “Post a job” is free and for the package “Recrutement” you have to contact us and we will send you a quote.
The opening of the case, the realization of computer graphics services, the establishment of statistical data, and backups generate technical costs. These costs are included in the contract price.
3.4. Resolution and litigation related to failure to pay
The Customer agrees to pay the amounts due to the Company in exchange for the services provided by it.
For job offers and CV reception, payment is due at the end of the month by check or transfer. The opening of the services leads to the reception of the payment. However, the company may grant an opening of benefits or a payment extension in case of a deposit payment .
In case of payment delay or payment progress provided by the Company, payments must be received by the due date stipulated in the contract and recalled on the invoice, otherwise the following deadlines become immediately payable, and access to site can be interrupted without previous notice.
Any delay in payment shall ipso jure and without prior notice, payment of default interests at the rate of 1% per month from the due date. If the debt collection involves the intervention of our legal department or any other collector, the debt will be a flat rate plus 15% of VAT amounts billed under the penalty clause.
The Customer must ensure to respect French law “and Freedoms” n ° 78-17 of January 6, 1978 and comply with the CNIL.
The Customer must comply with any law, regulation, law, customs and practices which it is subject to the receipt and processing of resumes.
The Client will indemnify the Company against all costs that the Company would bear for any claims, penalties, expenses caused by the use of CVs by that Client.
The Company is free to refuse, in accordance with press and publishing practice, the insertion of an advertisement without being required to have to justify its refusal.
The Customer undertakes, in all the ads diffused on the Company’s website, to respect the current legislation relating to the Labour Code (Art. L 311-4), which states that no discriminatory or defamatory term harm to third parties is mentioned (for job vacancies advertised, ban mentioning the origin, age, sex, family situation required, a pregnancy, physical appearance, surname, state of health, disability, morals, political opinions, religious or sexual, the exercise of trade union activity, membership of a race, nation or religion).
The Customer undertakes avoiding discrimination between the CVs received from the Company and those received by other means.
Discrimination will be therefore considered a loss suffered by the Company.
4.3. Diffusion – Privacy of personal data
The Customer agrees to keep confidential the details shown on the CV and any other information received about the candidate from the Company.
The Customer agrees not to broadcast or not to market any information about the candidate with whom he has been linked through the Company.
The Customer undertakes not to submit, copy, sell or also make available any form either CV or any other information received from the Company to another person or entity.
The Customer agrees to keep the constituent elements of its identifier and not to disclose them in any way whatsoever.
4.4. The Company’s liability discharge
The Client is solely responsible for publishing text and illustrations of an advertisement and amongst others brands and denominations. Particularly, any reproduction rights for photographic documents are the responsibility of it.
The Client releases the Company to civil liability it may incur because of advertisements issued at his request. The Client will indemnify the Company for any losses it would suffer and guarantees it against any action by third parties because of these inserts.
Any delay, suspension or cancellation in the diffusion of the advertisement mainly because of technical failures inherent in the operation of the Internet, external to the Company beyond its control, may not lead to refusal of payment, even partial from the Customer or its agent, neither entitles to a new insertion at the expense of the Company or compensates in any form whatsoever, the Customer or his agent.
The Company disclaims any responsibility towards the candidate about the use made of his resume or information contained therein by any client, not in accordance with the law or the contract.
The Company disclaims all liability from hiring a candidate from www.myexpatjob.com site, and whose skills and behavior would harm the Client.
The Company can not be held responsible for accidental or willful damage caused to the Customer by third parties or because of their connection to the Internet.
5. USE OF CONFIDENTIAL INFORMATION
As a part of respect for the privacy of the Client and the Candidate, MyExpatJob agrees that the collection and processing of personal information carried out within this site are made according to law No. 78-17 of January 6, 1978 relating to data, files and freedom, said law “and Freedoms”. As such, the MyExpatJob site has been declared to CNIL under the number 1586143 v 0.
5.2. Privacy – Modification of personal data
The Client and the candidate have a right to access, modify, correct and delete personal information concerning him, in accordance with Article 34 of the Data Protection Act 78-17 of January 6, 1978 . To exercise this right, the customer and / or Candidate must contact the Company at: firstname.lastname@example.org or by mail at the following address: 2 Avenue of the Republic – 94300 Vincennes – France
All the elements allowing the Client to identify and connect to the services of the Company are personal and confidential. These elements can only be modified after written request of the Customer.
The Company reserves the right to change them by warning the Customer.
6. TERM OF AGREEMENT – MODIFICATION – CANCELLATION
The contract duration is stated on this one, and constitutes an irrevocable commitment from the Customer.
6.2. Right to retract
According to the Consumer Code, any cancellation of a purchase order must take place within fourteen (14) business days following the date of conclusion of the contract. It will only be accepted if it is formulated in writing. If the ordered services are completely executed before the end of the withdrawal period, the Customer will not take advantage of it. This applies even if the performance has begun with the agreement of the Client and express renunciation to the right of withdrawal before the end of the period.
The subscriber of an advertising order (space reservation) is entitled to withdraw his order, by written notice, provided that such retraction intervenes (3) three weeks before the expected date of the first publication of the advertisement.
As for insertions published on the website, any opposition on the bottom or on the form must be notified to the Company within eight (8) days from its publication. Disputes arising out of this time will be rejected.
6.3. Delivery changes
When changing the order, running or before, the digressive and different discounts will be recalculated and a supplementary invoice will be issued, if any, payable in cash.
6.4. Cases of suspension or interruption of services
Without notice, the Company reserves the right to suspend or permanently discontinue online services on the site in the following cases: hacking the site, disclosure of passwords to a third party site, contrary use to Article L .311-4 of the Labour Code, payment incident, non-payment of amounts due within the deadlines of the contract.
6.5. Content and design
The company reserves the right to edit, delete, modify, vet and/or remove any content and material posted to its website, in whole or in part, at its sole discretion, at any time, without notice.
7. SETTLEMENT OF DISPUTES
Any dispute relating to this contract, even for warranty claims of multiple defendants, would be in the absence of agreement, the exclusive jurisdiction of the Paris Commercial Court in whose jurisdiction the head office of the Company is located.