zoulloo
General Terms and Conditions of Use for Freelances
Latest update: 18 July 2022 (V1)
GTCU for Freelances
We would ask you to read these General Terms and Conditions for Use (GTCU) carefully, as acceptance and compliance with these are required for you to be able to use the functions we offer.
PREAMBLE
To make it easier to read these GTCU, we will use the term “zoulloo Service” or the “Service” to designate the platform for introductions between freelance data professionals (the “Freelances”) and the companies who wish to use their services (the “Businesses”), available at www.zoulloo.com (the “Website”).
The zoulloo Service is the sole property of the company zoulloo (“We/Us”), a simplified joint-stock company with a share capital of EUR 59.147, and with head office at 30 Rue Montrosier, 92200 NEUILLY-SUR-SEINE, entered in the Nanterre Business Register under number 911 838 670, and with intracommunity VAT number FR10911838670.
Use of the Website requires you to register by creating an account and agreeing to these GTCU and the Confidentiality Policy. The registration methods are described below.
If your registration is validated, you will become a “Talent” on the Website.
The GTCU set out the rules applicable to the use of zoulloo, with which you undertake to comply by agreeing to them. We therefore ask you to read these carefully.
In accordance with the law, we also inform you that by virtue of Article L. 342-1 of the [French] Intellectual Property Code, we prohibit the downloading a quantitatively substantial section of all or part of the service by any means, and in particular by the use of robots or any other automatic extraction process.
Lastly, if necessary, zoulloo can be contacted by clicking here.
The zoulloo Service is the sole property of the company zoulloo (“We/Us”), a simplified joint-stock company with a share capital of EUR 59.147, and with head office at 30 Rue Montrosier, 92200 NEUILLY-SUR-SEINE, entered in the Nanterre Business Register under number 911 838 670, and with intracommunity VAT number FR10911838670.
Use of the Website requires you to register by creating an account and agreeing to these GTCU and the Confidentiality Policy. The registration methods are described below.
If your registration is validated, you will become a “Talent” on the Website.
The GTCU set out the rules applicable to the use of zoulloo, with which you undertake to comply by agreeing to them. We therefore ask you to read these carefully.
In accordance with the law, we also inform you that by virtue of Article L. 342-1 of the [French] Intellectual Property Code, we prohibit the downloading a quantitatively substantial section of all or part of the service by any means, and in particular by the use of robots or any other automatic extraction process.
Lastly, if necessary, zoulloo can be contacted by clicking here.
1. THE SERVICES OFFERED BY ZOULLOO
We make a platform available to you via the Website, allowing Businesses to be introduced to the Freelances likely to successfully fulfil their data projects.
We have a triple role:
- We select the Freelances, whose skills allow them to offer their services on the Website;
- When Businesses want to fulfil a project, we put them in touch with the Freelances likely to successfully complete these projects;
- Once the Talent and the Business have agreed on the assignment and the remuneration, we pay the Talent’s remuneration on behalf of the Business, provided the invoice is due, and we then rebill the Business.
We have no other function. In particular:
- We do not determine the prices for the services offered by the Freelances;
- We do not oversee the provision of the service entrusted by the Business to the Talent, and we are not responsible for this.
The Website editing manager is Mr Guillaume WEILL.
The Website is hosted by Amazon Web Services, US West 2 (Oregon) (code us-west-2), who can be contacted at the following address: 410 Terry Avenue North, Seattle, WA 98109 (UNITED STATES).
2. USER ACCOUNTS
The Website allows two types of account to be created, each being associated with specific services:
- the Talent account, reserved for freelances wishing to offer their services to Businesses; This is what you create by agreeing to these GTCU;
- the Business account, reserved for companies wishing to call on the Freelances on the Website.
The creation of these two types of account requires acceptance of the Confidentiality Policy.
Within the framework of this document, one of these two accounts will be designated under the term User account, as the term User designates Business and Freelances indifferently.
Any use of all or part of the Service that is not provided for by these GTCU can only be made by way of specific contractual conditions.
Any use of all or part of the Service that is not provided for by these GTCU can only be made by way of specific contractual conditions.
3. ACCESS TO THE SERVICE
In order to be able to access the zoulloo Service, you must have the appropriate computer equipment (desktop or laptop computer, smartphone, tablet, etc.) and an internet connection. The communication protocols used are those in use on the internet.
You remain responsible for the costs for accessing and using the telecommunications network, such as the costs linked to using the remote communication technique, in accordance with the methods set out by your access supplier and your telephone operator.
4. CREATING A TALENT ACCOUNT
The creation of a “Talent” Account is necessary when you wish to be introduced to Businesses via the Service.
To create such an account on the Service yourself, you must complete the appropriate registration form. In this form, personal information (surname, forename, e-mail address) is helpful in allowing us to open your account, and some of this is necessary (this mandatory information is indicated by an asterisk *).
In creating your account, you certify that you are of age and have the legal capacity to work on behalf of the Businesses.
After creating your Talent account, you must enter some other information allowing us to validate your account: technical skills, tools mastered, soft skills, etc.
We will validate your Talent account according to a process that will be detailed for you on creation of your account. We reserve the right not to make your account public on the Service if your profile has not been validated during this process. You can then ask us to delete your account in accordance with Clause 8 of these GTCU.
You can find all the necessary information regarding the reason and framework for collecting data and even the security of your data, in the Confidentiality Policy. We would ask you to read this carefully.
In all cases, you undertake at that time to provide us with up-to-date and exact information.
With regard to your password, it is essential for the security of your data that you choose a difficult password and that you ensure it is kept confidential. To help you choose it, you can, for example, go to the [French] National Police website, which offers several solutions to help you with this.
This password must be strictly private and confidential and must not be provided to or shared with third parties. In this regard, we would remind you that reusing the same password for different websites or services increases the risk of identity theft, as the lack of security on a website can affect the security of all the others applying the strictest security rules.
If you lose this password, you must generate a new password as quickly as possible via your account identification page.
Authentication via your e-mail and password allows for ensuring accountability for the actions made via the Service. Consequently, if the login details are lost, and as long as we have not been advised of this, you will still be deemed responsible for all the operations made or content uploaded via this account.
As a reminder, you are responsible in all cases for the confidentiality of your password and the consequences of its involuntary disclosure to anyone whomsoever, its transmission to any third party, its loss or its theft.
Any use of robots or other method aiming at the automated creation of a Talent account or any other type of account on the Service is prohibited. zoulloo can delete or block any account that infringes these conditions.
To create such an account on the Service yourself, you must complete the appropriate registration form. In this form, personal information (surname, forename, e-mail address) is helpful in allowing us to open your account, and some of this is necessary (this mandatory information is indicated by an asterisk *).
In creating your account, you certify that you are of age and have the legal capacity to work on behalf of the Businesses.
After creating your Talent account, you must enter some other information allowing us to validate your account: technical skills, tools mastered, soft skills, etc.
We will validate your Talent account according to a process that will be detailed for you on creation of your account. We reserve the right not to make your account public on the Service if your profile has not been validated during this process. You can then ask us to delete your account in accordance with Clause 8 of these GTCU.
You can find all the necessary information regarding the reason and framework for collecting data and even the security of your data, in the Confidentiality Policy. We would ask you to read this carefully.
In all cases, you undertake at that time to provide us with up-to-date and exact information.
With regard to your password, it is essential for the security of your data that you choose a difficult password and that you ensure it is kept confidential. To help you choose it, you can, for example, go to the [French] National Police website, which offers several solutions to help you with this.
This password must be strictly private and confidential and must not be provided to or shared with third parties. In this regard, we would remind you that reusing the same password for different websites or services increases the risk of identity theft, as the lack of security on a website can affect the security of all the others applying the strictest security rules.
If you lose this password, you must generate a new password as quickly as possible via your account identification page.
Authentication via your e-mail and password allows for ensuring accountability for the actions made via the Service. Consequently, if the login details are lost, and as long as we have not been advised of this, you will still be deemed responsible for all the operations made or content uploaded via this account.
As a reminder, you are responsible in all cases for the confidentiality of your password and the consequences of its involuntary disclosure to anyone whomsoever, its transmission to any third party, its loss or its theft.
Any use of robots or other method aiming at the automated creation of a Talent account or any other type of account on the Service is prohibited. zoulloo can delete or block any account that infringes these conditions.
5. PRICES AND PAYMENT
You are free to determine the prices for the services you offer to the Businesses.
This price is shown on the commercial proposition that you have the Businesses accept.
However, you acknowledge and agree that zoulloo will be remunerated by the Businesses by the application of a percentage of the price of your services, which zoulloo freely determines and which is added to the price you have set.
Furthermore, in order to make Freelance referencing easier with the Businesses, you invoice us instead of the Business and zoulloo draws up the invoice in your name and on your behalf, without this being deemed as sub-contracting.
zoulloo only has a delegation to issue invoices.
This price is shown on the commercial proposition that you have the Businesses accept.
However, you acknowledge and agree that zoulloo will be remunerated by the Businesses by the application of a percentage of the price of your services, which zoulloo freely determines and which is added to the price you have set.
Furthermore, in order to make Freelance referencing easier with the Businesses, you invoice us instead of the Business and zoulloo draws up the invoice in your name and on your behalf, without this being deemed as sub-contracting.
zoulloo only has a delegation to issue invoices.
Furthermore, on the due date, zoulloo shall pay you the remuneration you have agreed with the Businesses and then rebills the Businesses, provided you send zoulloo:
- Your invoice made out to zoulloo;
- The Business’ validation of your assignment corresponding to this invoice, or, when this is an on-going assignment (e.g. a medium- or long-term assignment), the stage of the assignment corresponding to this invoice;
- A copy of the contract entered into with the Business concerned, in which you give the Business the irrevocable order to pay zoulloo the amount of your invoice on your behalf, within a maximum of thirty (30) calendar days of you providing the service on behalf of the Business.
This invoicing and payment delegation shall not create any contractual link between zoulloo and the Business except the undertaking to pay zoulloo on your behalf.
You remain the Business’ service provider and, to this end, shall be solely responsible for your services.
Furthermore, if the Business does not pay zoulloo, you authorize us to pursue the Business in the courts in your name, or to transfer our debt to a third party who will proceed with collecting this.
You remain the Business’ service provider and, to this end, shall be solely responsible for your services.
Furthermore, if the Business does not pay zoulloo, you authorize us to pursue the Business in the courts in your name, or to transfer our debt to a third party who will proceed with collecting this.
6. CONTRACTUAL GOOD FAITH
When we send you a Business’ project so that you can formulate a commercial proposition, you undertake not to contract with this Business outside of the Service, whether in regard to the project concerned or to another project.
This obligation shall be incumbent on you throughout the period you are present on the Service and for a period of one (1) year after your Talent account is closed, regardless of the reason for this.
This obligation shall be incumbent on you throughout the period you are present on the Service and for a period of one (1) year after your Talent account is closed, regardless of the reason for this.
If this clause is breached, we reserve the right in particular:
- to close your Talent account without notice;
- and to ask you to pay us the amount of the percentage that the Business would have had to pay us if the disputed contract had been entered into within the framework of the Service.
7. CANCELLING ASSIGNMENTS
Une mission est en cours à partir du moment où l’Entreprise a émis le bon de commande correspondant.
If you or the Business wish to end an assignment that is underway, you acknowledge and accept:
- that your remuneration will be calculated pro rata to the services you have provided on the date you cease to provide the scheduled services. This pro rata will be determined in accordance with what the Business has validated, in accordance with Clause 5 of these GTCU, unless there is an agreement between you and the Business;
- if we have already paid you the price for the services, that you will refund us the difference, if possible by compensation from the payments due for other assignments;
- that we can entrust the assignment to another Talent, if the Business asks us to.
If, during the fulfilment of an assignment, you cease to finish this, for any reason whatsoever (force majeure or accident, impediment, etc.), without having advised the Business in advance, and the Business cannot contact you for a period agreed between you and the Business, you authorize the Business to turn to another Talent through us. The above Clause regarding the end of current contracts shall also apply in this case.
If you or the Business wish to end the assignment before it is underway, you acknowledge and accept:
- that you will not be due any remuneration;
- that we can entrust the assignment to another Talent, if the Business asks us to.
8. LIABILITIES
8.1. YOUR LIABILITY
In general, you are responsible for:
- the correct operation of your equipment, and your internet access;
- implementing all the tools and skills necessary to correctly provide the services;
- personally fulfilling the assignments entrusted to you, without ever turning to a sub-contractor;
- the correct provision of the services that you perform on behalf of the Businesses;
- all direct or indirect damage, of any nature whatsoever, that would be caused by you on the Service or by providing your services to the Businesses, including the failure to fulfil your obligations to the Businesses (confidentiality, etc.);
- the reliability, up-to-dateness, completeness and even the integrity of the data you provide to us about you within the framework of the Service;
- implementing all the contractual and technical tools needed to ensure the security and confidentiality of the data entrusted to you by the Business;
- regularly informing the Business of the progress of the assignment it has entrusted to you;
- taking out a professional civil liability insurance policy covering the fulfilment of your assignments.
More widely, you undertake to comply with the legal and statutory provisions in force and you are prohibited, in particular from doing the following on the Service (list is not exhaustive):
- stealing the identity of a third party;
- intentionally publishing false, erroneous or misleading content;
- hampering access to the zoulloo Service and/or the correct operation of the zoulloo Service in any way whatsoever;
- publishing content that infringes a third party’s intellectual property rights;
- publishing content that is racist, xenophobic, antisemitic, homophobic, Holocaust-denying, pornographic, paedophile, or child pornographic in nature or that infringes human dignity;
- publishing content that incites violence, suicide, terrorism, the use, manufacture or distribution of illicit substances, or incites the commission of crimes or offences or which apologises for these, and more specifically crimes against humanity;
- publishing content that is hurtful, defamatory, disparaging, or infringes the private life, image and personality rights of a third party, or is contrary to public order, the law and moral standards;
- publishing on the website hyperlinks to websites on which the content would contradict one of these rules.
It is pointed out that fraudulently accessing or remaining in an information system, hampering or distorting the operation of such a system, fraudulently introducing or modifying data in an information system constitute are offences liable to criminal penalties.
In the event of a breach of any of the aforementioned rules, we reserve the right to block your access to all or part of zoulloo’s services and functions, and even to delete access to your Talent account temporarily or permanently, without any compensation or prior notice.
We may also claim compensation for the loss we would have suffered as a result of this behaviour.
In the event of a complaint or claim made by a third party and sent to us, due to information, publications or data from you (and without prejudice to any retraction of the publication of this content), you must immediately provide us with full explanations and proof. In any event, you acknowledge that you must respond, in all cases, to us and to the third parties whose rights would have been infringed, for any damage and any consequences of your actions with regard to the applicable legal or statutory provisions, including those carrying criminal liability.
If you observe behaviour by one or more Users on the Service that contravenes these rules, you can contact us by clicking here.
In the event of a breach of any of the aforementioned rules, we reserve the right to block your access to all or part of zoulloo’s services and functions, and even to delete access to your Talent account temporarily or permanently, without any compensation or prior notice.
We may also claim compensation for the loss we would have suffered as a result of this behaviour.
In the event of a complaint or claim made by a third party and sent to us, due to information, publications or data from you (and without prejudice to any retraction of the publication of this content), you must immediately provide us with full explanations and proof. In any event, you acknowledge that you must respond, in all cases, to us and to the third parties whose rights would have been infringed, for any damage and any consequences of your actions with regard to the applicable legal or statutory provisions, including those carrying criminal liability.
If you observe behaviour by one or more Users on the Service that contravenes these rules, you can contact us by clicking here.
8.2. OUR LIABILITY
We would remind you that we do not oversee the provision of your services within the framework of the Service.
We also do not guarantee that your presence on the Service will result in being introduced to Businesses, or a minimum amount of remuneration that you can obtain from your presence on the Service.
In general, we are not responsible for either the technical or the commercial behaviour of your activity, and we are completely forbidden from interfering in the conduct of your activity.
Likewise, we are not responsible for the impact of the content you publish via the Service on your image or activity.
We implement all reasonable means available to us to ensure quality access and constant availability of the Service (24/7), but we are not bound by any obligation to achieve this. We therefore reserve the option to interrupt or suspend access to the Service temporarily, without notice, especially to ensure maintenance or in cases of force majeure, without this interruption opening any right to any compensation whatsoever.
We also do not guarantee that your presence on the Service will result in being introduced to Businesses, or a minimum amount of remuneration that you can obtain from your presence on the Service.
In general, we are not responsible for either the technical or the commercial behaviour of your activity, and we are completely forbidden from interfering in the conduct of your activity.
Likewise, we are not responsible for the impact of the content you publish via the Service on your image or activity.
We implement all reasonable means available to us to ensure quality access and constant availability of the Service (24/7), but we are not bound by any obligation to achieve this. We therefore reserve the option to interrupt or suspend access to the Service temporarily, without notice, especially to ensure maintenance or in cases of force majeure, without this interruption opening any right to any compensation whatsoever.
We would also not be held accountable for direct or indirect damage of any kind resulting from use of the zoulloo Service. Likewise, we cannot be held liable for:
- any malfunction in the network or servers or any other event beyond our reasonable control that would prevent or deteriorate its access, as well as elements beyond our control and damage that may be suffered by your technical equipment, and in particular your desktop or laptop computers, smartphones, tablets, software, network equipment and any other equipment used to access or use the Service;
- use made by another Service User of the information published, the services available on the Service, or your content.
9. PERSONAL INFORMATION
We would ask you to read our Confidentiality Policy, which sets out the use we make of the personal data we process.
10. INTELLECTUAL PROPERTY
10.1. ZOULLOO’S INTELLECTUAL PROPERTY
The design, form and content of the Service is our sole property. All the elements comprising the Service, and in particular the trademarks, logos, text, data, drawings, graphics, photos, animations, soundbites, computer codes, layouts, and assemblies of all or part of an element of the Service, including downloadable documents are and shall remain our property or that of our beneficiaries, with the exception of Users’ personal data and the content they publish on the Service (career, projects, etc.).
All the content on the Website (images, text, database, etc.) is subject to French and international law in force on intellectual property (copyright, trademark rights, database rights, etc.). If you notice that elements published on the Service infringe copyright or other protected rights, please contact zoulloo by clicking here.
The only right that we grant you is an authorization to view the content of our Service for personal reasons. You are only granted authorization for reproduction in digital form on your device (smartphone or tablet). Any other use (and in particular use such as reproduction of trademarks and logos, extraction of all or part of the databases, etc.) is prohibited without our prior express consent.
All the content on the Website (images, text, database, etc.) is subject to French and international law in force on intellectual property (copyright, trademark rights, database rights, etc.). If you notice that elements published on the Service infringe copyright or other protected rights, please contact zoulloo by clicking here.
The only right that we grant you is an authorization to view the content of our Service for personal reasons. You are only granted authorization for reproduction in digital form on your device (smartphone or tablet). Any other use (and in particular use such as reproduction of trademarks and logos, extraction of all or part of the databases, etc.) is prohibited without our prior express consent.
10.2. YOUR INTELLECTUAL PROPERTY
You are and shall remain the sole holder of any rights over the content you publish via the Service under your own liability (career, photo, etc.).
By publishing this content on the Service, you acknowledge granting zoulloo a global, non-exclusive, transferable, sub-licensable and free licence to access, store, use, reproduce, adapt, publish and process the data published on the Service in order to ensure the operation of the services offered by zoulloo.
By publishing this content on the Service, you acknowledge granting zoulloo a global, non-exclusive, transferable, sub-licensable and free licence to access, store, use, reproduce, adapt, publish and process the data published on the Service in order to ensure the operation of the services offered by zoulloo.
This licence shall include, in particular:
- the exclusive right to reproduce your content or have this reproduced on any medium, in any format and by any process, the right to duplicate, print or record all or part of your content, in black and white, or in colour, on any medium and especially on paper, film roll, film, magnetic strip, or computerized medium, whether current or future, and in particular CD-Rom, CD-photo, CD-I, DVD and DVD-Rom, USB thumb drive, hard drive, cloud, and any other medium whether known or not yet known, in any format allowing the temporary or permanent storage of digitized data, and to view your content offline or online by way of a remote and/or local computer connection, such as a computer’s internal or external hard drive, memory cards and USB thumb drives, electronic assistants (PDA), smartphones, touchscreen tablets, e-readers, or any other current or future means of transmission that does not presume the sale of a medium, but allowing access to content by the Users via public or private servers;
- the right to use the reproductions of your content, regardless of what this is, for any purpose;
- the right to integrate all or part of your content and their elements into other literary, graphic, audio-visual or digital elements, etc.;
- the right to represent your content or have this represented in all languages, in all countries, at cost or for free, in full or through extracts, on any broadcasting means, whether this is over the Internet or via Hertzian waves, by satellite, by cable distribution, by any other telebroadcasting, telematic communication or telecommunication method;
- the right to publish, broadcast, publish or re-publish the reproductions of your content.
11. ACCOUNT CLOSURE
To close your account, simply send an e-mail in this regard to the following address: hello_talent@zoulloo.com.
If your Talent account is not closed, it will remain active for a limit of two years after your last connection to the Service, as detailed in Clause 7 of the Confidentiality Policy..
If your Talent account is not closed, it will remain active for a limit of two years after your last connection to the Service, as detailed in Clause 7 of the Confidentiality Policy..
12. COMMUNICATION
Unless specific conditions are expressly agreed to the contrary, we reserve the right to state that you use our Service. We therefore reserve the right to use your name and your logo on our external communication and advertising documents (website, portfolio, blog, brochure, mobile website, etc.) and during canvassing operations.
Furthermore, we grant you a licence for our trademark so that you can also advertise your use of the Service.
You also undertake that none of your advertising messages use our communication elements (name, trademark, logo, etc.) in a derogatory, defamatory, harmful, counterfeit or abusive fashion or to provide false information.
Furthermore, we grant you a licence for our trademark so that you can also advertise your use of the Service.
You also undertake that none of your advertising messages use our communication elements (name, trademark, logo, etc.) in a derogatory, defamatory, harmful, counterfeit or abusive fashion or to provide false information.
13. CONTRACTUAL FRAMEWORK
The contractual framework applicable to use of the Service (“the Contract”) shall be comprised of the following documents, indicated in decreasing order of priority and to the exclusion of any other document:
- Any Specific Terms and Conditions;
- These GTCU;
- zoulloo’s Confidentiality Policy.
In the event of contradiction between the various documents, the highest-level document will take precedence for the obligation in question.
14. DURATION - CANCELLATION
The Contract is a permanent contract and shall apply to you throughout the period in which the zoulloo Service is used, until your Talent account is permanently closed.
If compliance is not made with one of the key obligations for which you or we are responsible, and especially the obligations such as:
- the prohibition on publishing unlawful content or committing any other criminal fault, as well as the prohibition on entering into contracts with Businesses outside the Service, for which you are responsible;
- or the obligation to make the Service available or to make payment, incumbent on us,
the party that will suffer as a result of this non-compliance will have the option to cancel these GTCU for Talents ipso jure after a final demand remains without action after eight (8) days, including if the Services are being used. However, when the Clause of these GTCU in questions so provides, the injured party may cancel these GTCU without notice.
We also reserve the right to cancel these GTCU and to close your Talent account under the same conditions set out above when you are concerned by one of the collective proceedings provided for by law (court-appointed liquidation, receivership, etc.).
15. PROOF
In application of the provisions of the [French] Civil Code, you acknowledge and also agree that the digital data stored on our servers, or placed under our control and kept under reasonable security conditions, will be considered as providing the proof of any use of a service or other exchange (e-mails, your connections to the Service, etc.) between us.
These computerized records are admissible under the same conditions and with the same evidential value as any document that would be drawn up, received or kept in writing and will be valid between us until proved to the contrary. In case of contradiction between the records, the records stored in our computer system will take precedence.
These computerized records are admissible under the same conditions and with the same evidential value as any document that would be drawn up, received or kept in writing and will be valid between us until proved to the contrary. In case of contradiction between the records, the records stored in our computer system will take precedence.
16. FORCE MAJEURE
In the event a case of force majeure occurs, the execution of this Contract impeded by this case of force majeure will be suspended until this case disappears, without this suspension being able to exceed three (3) months.
Events outside the parties control, that are unpredictable, unavoidable and render the execution of this Contract impossible, such as those usually retained by case law, and particularly such as fire, flood, epidemic, cyclone, earthquake, war (whether declared or not), insurrection, strike, transport issues, major equipment failures, irregularities or interruptions with the electrical power supply or telecommunications services, actions by the public authorities, preventing the execution of the Contract, whether or not this occurs within the party considered, any provision of a legislative or regulatory nature and more widely any act, whether this is binding or not, issued by any competent authority and preventing the execution of the Contract by the party considered, shall be considered as cases of force majeure.
No party can be held liable in any event for any failure to execute and/or termination of the contract arising from a case of force majeure and no damages can be claimed from it for this reason by the other party.
In the event the case of force majeure were to last for over three (3) months, the parties will confer in order to agree the continuation, modification, or end of the Contract. If the negotiation fails after a period of thirty (30) days, the Contract will be cancelled ipso jure.
Lastly, if the execution of the Contract were to be delayed, become impossible or more onerous due to the COVID pandemic, the parties shall agree that it will be postponed until the impediment (lockdown, curfew, etc.) has ceased.
Events outside the parties control, that are unpredictable, unavoidable and render the execution of this Contract impossible, such as those usually retained by case law, and particularly such as fire, flood, epidemic, cyclone, earthquake, war (whether declared or not), insurrection, strike, transport issues, major equipment failures, irregularities or interruptions with the electrical power supply or telecommunications services, actions by the public authorities, preventing the execution of the Contract, whether or not this occurs within the party considered, any provision of a legislative or regulatory nature and more widely any act, whether this is binding or not, issued by any competent authority and preventing the execution of the Contract by the party considered, shall be considered as cases of force majeure.
No party can be held liable in any event for any failure to execute and/or termination of the contract arising from a case of force majeure and no damages can be claimed from it for this reason by the other party.
In the event the case of force majeure were to last for over three (3) months, the parties will confer in order to agree the continuation, modification, or end of the Contract. If the negotiation fails after a period of thirty (30) days, the Contract will be cancelled ipso jure.
Lastly, if the execution of the Contract were to be delayed, become impossible or more onerous due to the COVID pandemic, the parties shall agree that it will be postponed until the impediment (lockdown, curfew, etc.) has ceased.
17. SUB-CONTRACTING
We reserve the right to sub-contract all or part of the Service to any third party of our choice.
18. VALIDITY OF THE CONTRACTUAL CONDITIONS
If any one of the provisions of this Contract should prove to be null and void with regard to a rule of law currently in force or to a court decision that has become final, it will thus be deemed not to have been written, without, however, leading to the nullity of this Contract or altering the validity of its other provisions.
19. NON-WAIVER BY ONE OF THE PARTIES
The fact that either of the parties does not claim the application of any Clause of the Contract or acquiesces to its non-execution, whether permanently or temporarily, cannot be interpreted as this party waiving its rights resulting from the said Clause.
20. MODIFICATIONS TO THE GTCU
We reserve the option of modifying and updating the documents forming the Contract (GTCU, Confidentiality Policy, etc.) as and when the functions we offer on the Service change. Of course, we will advise you of the modifications made, via the Service or by sending e-mails to the e-mail addresses with which you have provided us.
These will be applicable one month after this notification.
These will be applicable one month after this notification.
21. E-MAILS
In application of the provisions of the Civil Code, you hereby agree that we can send you the information that would be required for registration or the provision of a Service by e-mail, as well as, more widely, any information sent within the framework of executing the GTCU and, more widely, the Contract. To do so, we will use the e-mail address(es) you have provided to us.
We would draw your attention to the importance of using a mail system that is as secure as possible and particularly that it is the most respectful possible of the confidentiality of the messages circulating by this means. To this end, we decline all liability with regard to the consequences of your choice of a mail system that is unreliable and that does not respect the confidentiality of the information exchanged or that would not be under your direct control.
We would draw your attention to the importance of using a mail system that is as secure as possible and particularly that it is the most respectful possible of the confidentiality of the messages circulating by this means. To this end, we decline all liability with regard to the consequences of your choice of a mail system that is unreliable and that does not respect the confidentiality of the information exchanged or that would not be under your direct control.
22. COMPETENCE AND APPLICABLE LAW
These GTCU are subject to French law for their validity, interpretation and execution.
In case of a dispute between us, we will both do everything possible to find an amicable settlement to the dispute.
In the absence of an amicable settlement, the dispute will be subject to the sole competence of the Commercial Court of Nanterre (France), multiple defendants or third-party proceedings notwithstanding.
In case of a dispute between us, we will both do everything possible to find an amicable settlement to the dispute.
In the absence of an amicable settlement, the dispute will be subject to the sole competence of the Commercial Court of Nanterre (France), multiple defendants or third-party proceedings notwithstanding.