Website Terms and Conditions
GENERAL CONDITIONS OF SALE AND USE (CGSU)
The site www.tekjob.fr is published by the company Tekjob.fr , registered with the Versailles RCS under SIREN number 512 745 597 , whose head office is located 13, Rue Robert Desnos, 78711 Mantes-la-Ville
Publication director: Mr. Tabury Kofi .
Contact email: firstname.lastname@example.org
The site www.tekjob.fr is hosted by the company OVH, located 2 rue Kellermann in Roubaix (59100).
The site www.tekjob.fr (hereinafter: “the Site”) is a web platform on which the various players in engineering consulting interact, namely:
For the Marketplace:
- industrial contractors, who seek engineering service providers and who submit mission offers;
- engineering consulting companies, which respond to offers and missions by offering the skills of their consultants;
- engineering freelancers, who respond to mission offers by offering their skills;
For the jobboard:
- recruiters who submit internship or job offers and who can consult the CV library of job seekers;
- job seekers who apply to recruiters’ offers.
These General Conditions of Sale and Use (hereinafter: the “CGSU”) govern any use of the services accessible from the Site and govern any subscription subscription between the company Tekjob.fr and any legal or natural person having a professional activity (hereinafter: “Member”).
These CGSU constitute the sole basis for commercial negotiations between Tekjob.fr and its Members.
These CGSU are not subject to the provisions of the Consumer Code, Members expressly acknowledging being professionals.
The fact for a Member to subscribe to a subscription implies his full and unreserved adhesion to the present CGSU which will govern only the sales, to the exclusion of any other document, emanating in particular from the Member, such as his general conditions of purchase.
Any Member acknowledges having read and accepted without reserve the entirety of these CGSU, after having noted that they do not contain clauses which reflect an abuse of sales power or of a clause calling into question the balance of commercial relations.
ARTICLE 1: DEFINITION
“Premium subscription”: designates any type of paid subscription ( Basic Jobs , Most Popular , Golden Jobs )
“Member”: designates any person who has created an account on the Site
“Recruiter”: designates a member who has created an account as a recruiter
“Job seeker”: designates a member who has created an account as a candidate
“Services”: designates all the services offered by the company Tekjob.fr on the Site
“Site”: means the website www.tekjob.fr
“Subscription”: designates the act, for any User, of finalizing the account creation process by choosing one of the subscriptions offered on the Site. Whatever subscription you choose, the Subscription takes the form of an email confirming the creation of an account.
“User”: designates any person who uses the Site before subscribing to a subscription
ARTICLE 2: DESCRIPTION OF SERVICES
Article 2.1: On the market place
Article 2.1.1: Services accessible to Users
Users only have limited access to the Services offered on the Site and may not submit an assignment offer, access the CV library or access the contact details of end customers, consulting companies or freelancers.
Article 2.1.2: Services accessible to Members
Users can choose to subscribe to a freemium or premium subscription, the extent of the services depending on the type of subscription chosen. This subscription gives them the status of Member.
The services accessible to Members of the marketplace can be viewed in the member’s personal area, in the “Subscription” section.
Additional paid services may be added by Members. Any Member interested in such additional services can contact Tekjob.fr , via the “contact” area of the Site.
Article 2.2: On the job site
Article 2.2.1: Services accessible to Users
Users have only limited access to the Services offered on the Site and can only consult job offers.
If a User wishes to submit a job or internship offer or consult the CV library of job seekers, the User must first subscribe to a premium subscription, the extent of the services depending on the type of subscription selected. This subscription gives him the status of Member.
Article 2.2.2: Services accessible to recruiters
The quality of Recruiter gives access to the functions authorizing the deposit of offers and the consultation of the CV library of engineers in search of employment.
Users wishing to acquire the status of Member must subscribe to a freemium or premium subscription, the extent of the services depending on the type of subscription chosen.
The services available to recruiters on the job site can be viewed on the Site’s home page, in the “Recruiter” section.
Article 2.2.3: Services accessible to job seekers
The quality of job seeker allows you to submit your CV online and make it visible to the Users of your choice.
The quality of jobseeker also makes it possible to apply for offers from recruiters for free.
Tekjob.fr Jobboard is a job site dedicated to technicians and engineers only. Applicants who create an account on the site agree to have undergone training and be able to justify it (diploma or other).
During a check, the account can be deactivated if the supporting documents are not presented.
ARTICLE 3: SUBSCRIPTION PRICES AND PAYMENT TERMS
Article 3.1: Price of services
The prices are those appearing on the Site and on the price brochure available at the request of the Recruiter. They are mentioned exclusive of tax.
The prices are revisable at any time by Tekjob.fr However, except as otherwise provided for in the contracts, price increases or decreases are not applicable to current contracts.
The signing of the order form entails the invoicing of the service. All invoices are payable by bank transfer, credit card or by pay-pal.
The company Tekjob.fr reserves the right to modify at any time subscription prices displayed on the site.
However, subscriptions are always invoiced on the basis of the prices indicated on the Site at the time of Subscription.
In addition, in the event that the company Tekjob.fr would like to change the price of subscriptions, this price change can only be applied to subscriptions in progress with the agreement of the Members. Thus, the company Tekjob.fr will inform each Member concerned by this modification, by email, at the address indicated during the Subscription process, 8 days before it takes effect.
Any Member who does not accept this modification may then terminate their subscription, under the conditions provided for in article 6 of these CGSU.
In the absence of termination by the Member, the price change will take effect on the next due date for payment of the subscription.
Article 3.2: Payment terms
Payment for subscriptions is made on the Site by bank transfer, credit card or by pay-pal.
The company Tekjob.fr guarantees the reliability of transactions, banking data are encrypted as they entered.
The company Tekjob.fr holds at any time the bank details of its Members.
Payments are made during the subscription of any premium subscription and are automatically renewed at the time of the tacit renewal of each premium subscription, and this as long as the premium subscription is not terminated.
As soon as the payment is accepted by bank transfer, credit card or by pay-pal. , the company Tekjob.fr sends the Member concerned, as soon as possible, to the address indicated during the Subscription process, an email containing the details of its invoice.
ARTICLE 4: SUBSCRIPTION OF SUBSCRIPTIONS
To Subscribe to a subscription, each User must follow the following process:
- Click on the tab ” Login / Register ” accessible on the home page site;
- Fill out the form by entering the data necessary for the creation of the Member account;
- Choose one of the premium subscriptions after knowing the price and essential characteristics of the services offered by the chosen subscription.
- Accept these Terms
- Confirm your choice of subscription
If the Member has chosen a premium subscription , he must then, depending on the type of premium subscription chosen and the subscription period chosen, make full payment of the subscription by bank transfer, credit card or by pay-pal. As soon as the full payment has been accepted , the company Tekjob.fr will then send him as soon as possible, to the address indicated during the Subscription process, an email confirming the creation of his premium member account and the activation of the services contained in its subscription. The contract is then validly concluded.
ARTICLE 5: DURATION AND RENEWAL OF SUBSCRIPTIONS
Article 5.1: For the market place:
Article 5.1. 1 : For premium subscriptions
Any premium subscription is initially concluded for the duration chosen by the Member during the Subscription process. The minimum subscription period is one (1) month (30 days). At the end of this initial period, any premium subscription will be tacitly renewed under the same conditions, for successive durations identical to the initial duration.
Article 5.2: Publication of job offers:
Ads are published for 60 days from the date of publication.
ARTICLE 6: TERMINATION
Article 6.1: Termination on the initiative of the Members
Any Member is entitled to terminate his subscription, and this without reason.
Any termination request does not give right to any refund.
Any termination request should be sent to Tekjob.fr by email, to the following address: 13, Rue Robert Desnos, 78711 Mantes-la-Ville .
The termination will be effective on the anniversary date of the subscription in progress, i.e. on the expiration date of the duration of the subscription subscribed, provided however that the request for termination has been sent by email to Tekjob.fr forty-eight (48) hours before the anniversary date of the subscription.
Otherwise, the subscription will be tacitly renewed for a period equivalent to that initially subscribed, under the same conditions.
Article 6.2: Termination on the initiative of Tekjob.fr
In the event of a serious and / or repeated breach of one or other of the provisions of these CGSU, or in the event of non-payment by the due date, Tekjob.fr reserves the right to terminate the account of the Member concerned without prior notice or notice, and without prejudice to any damages that Tekjob.fr may also be entitled to request, if applicable.
Any termination at the initiative of Tekjob.fr will not give rise to any refund.
ARTICLE 7: CONDITIONS OF UPGRADE OF A MEMBER ACCOUNT
Any Member can benefit from additional services at any time, either by deciding to “upgrade” their subscription during execution, or by adding options.
The transition from a premium account to another premium account is carried out through the account of Member and supposes the payment of the new subscription chosen, under the conditions provided for in articles 3, 4 and 5 of these CGSU
The services contained in the new premium subscription will be effective as soon as the Member has received an email confirming that the services have been activated.
It is expressly admitted that a Member cannot, during subscription, remove options and / or select a less expensive or free subscription.
Any modification in this sense can only take effect from the expiration of the subscription in progress.
ARTICLE 8: DELETION OF INACTIVE SUBSCRIPTIONS
The company Tekjob.fr reserves the right to delete inactive accounts.
An account is considered inactive if it has not been used for a discontinuous period of 12 months.
The company Tekjob.fr can not be held responsible for any inconvenience caused by the removal of an inactive account.
ARTICLE 9: RESPONSIBILITY AND OBLIGATIONS OF MEMBERS
Each Member guarantees the veracity and accuracy of the information provided during the Subscription process. In the event of a subsequent change in any of this information, the Member undertakes to modify the data in his account without delay.
Each Member is solely responsible for his identifiers and password and undertakes not to disclose them.
All members acknowledge that they are solely responsible for the consequences of using their account; the same is true in the event of the use of his account by his employees, agents, subcontractors and more generally by any person to whom he would have allowed access to his Member account.
In the event that a Member’s account is used by an unauthorized third party, the Member concerned by this illicit use undertakes to immediately inform Tekjob.fr , which will do its best to take the necessary measures.
Each Member is solely responsible for the content (written messages, photographs, videos, hypertext links, etc. ) that he publishes on the Site. Indeed, in its capacity as host within the meaning of article 6-I-2 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, the company Tekjob.fr does not exercise any a priori control over the content published by the Members.
Each Member undertakes not to publish any content of a nature:
- violate the intellectual property rights of others;
- to disturb or disturb the functioning of the Site.
In addition, each Member undertakes:
- not to commit any of the offenses provided for and punished by the French law of 29 July 1881 on freedom of the press;
- not to make disparaging remarks;
- not to infringe the right to privacy or the image rights of third parties;
- not to harass other Members;
- more generally, not to commit any criminal offense provided for and punished by French law;
- to be up to date with its social, administrative and fiscal obligations;
- to publish up-to-date and sincere information on the Site and in relation to the purpose of the Site;
- to have the legal capacity to publish content on the Site;
- not to mention electronic and postal addresses in the content and description of the offers published on the Site.
More specifically, engineering consulting companies undertake to comply with the provisions of the Labor Code and, in particular, those of article L. 8231-1 of the Labor Code relating to haggling.
ARTICLE 10: RESPONSIBILITY OF TEKJOB.FR
Article 10.1: Access to services
Access to the Services requires a broadband internet connection.
The company Tekjob.fr can not guarantee that the services offered on the Site will not be interrupted, given the technical difficulties inherent to the Internet.
As a result, it cannot be held liable, in particular, in the event of a malfunction in accessing the Services, temporary inability to access the Services, and temporary slowing down of the speed of opening the pages of the Site.
Furthermore, the company Tekjob.fr will never be responsible for any malfunction or deterioration of the Members’ IT equipment, in particular due to its contamination by a virus.
Article 10.2: Maintenance
The company Tekjob.fr may be required to carry out maintenance operations on the Site and will endeavor to notify Members 24 hours in advance.
However, it is understood that the responsibility of the company Tekjob.fr can never be engaged in the event of temporary suspension of access to the Services for reasons of maintenance of the Site.
Article 10.3: Force majeure
The company Tekjob.fr cannot be held responsible for a breach of one or other of its obligations if this breach was caused by an event having a force majeure character within the meaning of French case law.
Article 10.4: Use by an unauthorized third party of a Member’s account
The company Tekjob.fr cannot be held responsible for the consequences of the use by an unauthorized third party of a Member’s account, except to demonstrate a fault on its part.
In this case, the burden of proving the fault of the company Tekjob.fr is on the Member.
Article 10.5: Content and Quality of the information published on the Site by the Members
The company Tekjob.fr not be held responsible for the inaccuracy or irrelevance of the data and information from a Member.
It is understood that Tekjob.fr plays only an intermediary role. Therefore , the company Tekjob.fr remains completely foreign to any disputes that may arise between Members.
ARTICLE 11: PERSONAL DATA OF PHYSICAL PERSONS
The Site is declared to the National Data Protection Commission under the number 1591032.
In accordance with French law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, any freelance Member exercising as a natural person has a right of access, rectification and opposition to personal data concerning him transmitted to the Site.
Any such request must be addressed to the Site processing manager and to the following address: Tekjob.fr , 13 rue Robert Desnos , 7 8711 Mantes-la-Ville, France or by sending an email to: email@example.com
All requests must be accompanied by a photocopy or scan of an identity document (identity card, passport, driving license) of the Member.
The controller of the company Tekjob.fr has a maximum period of two months following receipt of the request to respond to it. The personal data of Members are collected in a fair and lawful manner for security purposes, for account management, and in order to comply with legal and regulatory obligations.
Personal data of Members may only be disclosed in application of a law, a regulation or by virtue of a court decision.
ARTICLE 12: INTELLECTUAL PROPERTY
All the elements making up the Site (texts, comments, brands, corporate names, domain name, drawings, images, graphic charter, logos, photos, database, etc.) are strictly protected by intellectual property law and are the property of exclusive of Tekjob.fr and / or its commercial partners.
The fact for a User or a Member to be able to use the Site does not imply any transfer or any authorization to operate or use any of the elements composing the Site.
Any reproduction or representation, in whole or in part, of the Site and / or one or more of its elements is strictly prohibited without the prior written authorization of Tekjob.fr and / or its partners.
Any Member, having published visual or textual content on the Site, transfers to the company Tekjob.fr its intellectual property rights (right of use, reproduction, representation, exploitation, adaptation, transformation) for promote the activities of Tekjob.fr .
ARTICLE 13: MODIFICATION OF THE CGSU
The company Tekjob.fr reserves the right to modify these terms and conditions at any time, partially or totally.
Any User is deemed to accept the current version of the CGSU each time they connect to the Site.
The Members will be informed of the modification of the CGSU upon their first connection following the modification.
In the event that a Member does not accept the modification, he will be free to terminate his subscription, under the conditions provided for in article 6 of these CGSU.
Otherwise, the Member will be deemed to have accepted the modification of the CGSU.
ARTICLE 14: PARTIAL NULLITY
If one or more clauses of these CGSU are held to be invalid in application of a law, a regulation or following a court decision passed in force of res judicata, the other clauses will keep all their force and their scope.
ARTICLE 15: PROOF CONVENTION
Written in electronic form will be an admissible method of proof of the rights and / or obligations of the parties to these GTCSU.
The computerized registers, stored in the IT systems of the company Tekjob.fr under reasonable security conditions, are considered as proof of communications, orders and payments made between the company Tekjob.fr and the Members.
ARTICLE 16: APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
These CGSU are governed by French law.
Any litigation relating to the meaning of a term or a provision of these General Conditions of Sale and Use will be settled exclusively by the Commercial Court of Versailles, even in the event of multiple defendants, interim proceedings or appeal warranty