General terms and conditions

Article 1 Products and services offered

1.1 The website www.connexion-emploi.com allows the Company’s clients to post job or internship vacancies and content to market the Company.

The services to be provided by the Company to the Client are set out in the business proposal sent by email by the Account Manager, which is accepted by the Client.

1.2 The Company also provides information documents about the Client on the website www.connexion-emploi.com, which are accessible to Internet users.

For the continuous optimisation of the number of responses to the Customer’s advertisements, the Company cooperates with various partners of online and offline media.

By the General Terms and Conditions of Sale set forth herein, the Client grants the Company the right to publish its job offers on online and offline media, print, audio and video media.

1.3 The Client is informed and aware of the fact that the Company cannot prevent unauthorised uploading by third parties of the job vacancies published on its website www.connexion-emploi.com. The Company shall, however, within the scope of its technical capacity, make every effort to prevent such unauthorised uploading. However, the Company will do everything in its power, within the framework of its technical and legal possibilities, to prevent such unauthorised publications.

1.4 The Customer certifies that the content made available to the Company for publication is free, in whole or in part, from the rights of third parties. The Customer undertakes to indemnify the Company and shall be liable for all damages suffered by the Company as a result of the Customer’s breach of this obligation.

The Client grants to the Company a licence to use, reproduce and disclose to third parties, as well as data, content, logos, brand names or other distinctive signs of the Client for the purpose of disseminating its job offers or communication products.

Article 2 Exclusivity of services

The services obtained by the Client may only be used by the Client itself and may not under any circumstances be resold or made available to third parties without the prior written consent of the Company.

Article 3 Subscription to services

A Client using the Company’s services for the first time shall provide the Company with information about its activity and contact details upon request.

Subscription to the Company’s services to the Client is made by accepting the offer sent by the Account Manager in electronic form, by fax or by post.
The trade offer of the relationship manager shall list all information on the services and their duration.

By accepting the trade offer, the Client expressly accepts the General Terms and Conditions of Sale set out herein.

Article 4 Invoice and terms of payment

Invoices are issued as soon as the client makes use of a service. Invoices are payable with a payment term of 30 days after receipt. Payment is made by cheque, bank transfer or online.

Article 5 Confidentiality

The Company undertakes to treat the information and documents provided by its Customers as confidential and shall refrain from any use other than that intended for the services ordered by the Customer.

The Customer agrees to be named by the Company as a reference in the context of the operations carried out with him.

Article 6 Duration and termination of the contract

The duration of the contract begins on the date indicated in the commercial offer and ends on the expiry of the services subscribed to.
Consequently, the end of the contract is set from the date indicated in the commercial offer.

Article 7 Responsibilities

7.1 The Company undertakes to exercise all due care in providing the Services in accordance with the requirements set out in these General Terms and Conditions and in the Specifications.

The job advertisements published on the website www.connexion-emploi.com are the sole responsibility of the Client.

It is the Client’s responsibility to verify that the job advertisements published comply with applicable legislation, in particular Articles L. 1132-1 à L. 1132-4 et L. 5331-1 à L. 5331-6 et L. 5332-1 à L. 5332-5 of the Labour Code.

The Company has the right to reject any job advertisement that violates legal provisions. The Company reserves the right to reject any advertisement which, by its nature, text or presentation, is contrary to the spirit of the Site or is likely to provoke protests from its visitors or third parties, and if it is generally contrary to its financial or moral interests.

7.2 The Company cannot be held liable for problems of data transmission, connection or unavailability of the network, as well as for access speeds or possible failure of the Internet, as global networks may be overloaded.

7.3 The services offered are always subject to availability at the time the Company accepts the offer to trade. The Company may be forced to relocate, neutralise, abandon or completely cancel some or all of the Services. Depending on the circumstances, the Company reserves the right to either cancel or continue the contract. The Customer may object to this within eight days of receipt of the notice, failing which the Customer will be deemed to have consented. Whichever option is chosen, the cost of the Services shall be payable for the actual period of use.

7.4 The Company shall only be liable in the event of fraud or wilful misconduct on its part.

Under no circumstances can the Company’s liability be invoked if the following apply:

- Customer’s fault, negligence, omission or failure;
Force majeure, events or occurrences beyond the Company’s control such as strikes, social unrest, public disasters, fires….
- Fault, negligence or omission of a third party over whom the Company has no powers of control or supervision.

7.5 Provided that the Client proves that he has suffered damage, the Company may only be liable to pay damages of any kind within the maximum limit of invoicing for the services concerned, which is limited to 1 month of the services. In order to determine this limit of liability, a breakdown of the price by the services concerned shall be carried out, if necessary.
Loss of revenue and indirect or potential losses are expressly excluded from any claim for damages.

Artikel 8 Complaints

A reclamation will only be accepted if made in writing within 8 days of the date of provision of the Services.

No complaint will be accepted for late provision of any of the Services unless a time limit for provision has been specified in the accepted commercial offer.

The deadlines and technical specifications are as stated on the order forms, quotations, prices and details on the website www.connexion-emploi.com. In the event of non-compliance with these points, the Company cannot be held liable.

Article 9 Termination

9.1 The Company may terminate the Contract with immediate effect by registered letter with acknowledgement of receipt or other form of traceable courier delivery, for the following reasons:

a) the Customer applies for or consents to the commencement of conciliation proceedings or proceedings for the benefit of its creditors; or it applies for or consents to the appointment of an agent, trustee, receiver, administrator or any other representative with similar functions; or bankruptcy or liquidation proceedings are commenced against the Customer in respect of all or substantially all of its assets;

b) the breach of any obligation arising under this Contract.

9.2 Either party may terminate the Contract forthwith in the event of a serious default by the other party in the performance of its obligations if such default is not remedied within 10 days of written notice by registered letter with acknowledgement of receipt or other form of traceable postal delivery.

9.3 If the Company terminates the Contract, it shall be entitled to demand advance payment of all sums due under the Contract and reimbursement of all costs and legal expenses incurred.

Article 10 Applicable law

French law shall apply.

Article 11 Competent jurisdiction

The commercial court of Lyon shall have jurisdiction.

The possible invalidity of any of the clauses shall not affect the validity of the remaining general terms and conditions.

Lyon, 03.01.2019