These general conditions of use and sale (hereinafter referred to as “General Conditions”) are concluded between:
The company Présence Digital, whose identification details and contact details are given in the Appendix to this document (hereinafter: the “Company”).
The User of the platform as indicated in the Appendix.
The Company operates a website accessible at the address indicated in the Appendix (hereinafter the “Platform”), dedicated to connecting independent consultants and Clients.
The purpose of these General Conditions of Use and Sale of Présence Digital SAS (hereinafter the “General Conditions”) is to govern the conditions and methods of use and sale of the Platform, as well as to define the rights and obligations of Users connected via the Platform.
Any access and/or use of the Platform implies unreserved acceptance and compliance with all the terms of these General Conditions.
I – Definitions
Client: designates any legal or natural person, using the Platform for strictly professional purposes, with a view to entering into contact or being put into contact with one or more independent Consultants in order to entrust them with the performance of a Mission.
Account: refers to the account created on the Platform by the User when registering on the Platform.
Content: refers to all comments, messages or information of any kind whatsoever (text, image, video, photographs, comments, brands, company names, etc.), put online by a User on the Platform.
Quotation: refers to the service proposal established by Présence Conseil on the Platform.
Entity: represents Présence Digital SAS, a subsidiary of Présence Conseil SAS which carries out a permanent commercial activity.
Independent Consultants: refers to any natural person who has registered a commercial activity and is registered with the corresponding commercial register, either practicing as an independent under legal conditions from a country where Presence Digital has an Entity or abroad, and which offers its services to Clients through the Platform.
Billing Mandate: refers to the billing mandate concluded between the Independent Consultants and Présence Digital, the terms of which are specified in Article 2.2.2 of the General Conditions, under the terms of which the Independent Consultant accepts, in compliance with the applicable rules, the establishment by Présence Digital of the amounts of its invoices relating to the Missions carried out for a Client via the Platform.
Platform: refers to the website operated by the Company, the address of which is given in the Appendix.
Assignment: refers to the specific task entrusted by a Client via the Platform to an Independent Consultant.
Services: refers to all the services provided by the Company as defined in article 3.1 hereof.
Users: refers to Independent Consultants and Clients registered on the Platform.
Validation: means the process defined in article 3.2.5 of the General Conditions at the end of which the Client declares on the Platform that the Mission carried out by the Independent Consultant is completed and in accordance with the Estimate.
II – Registration on the Platform
2.1 Conditions of registration on the User Platform
To be able to access the Services, the User must create an Account by registering on the Platform.
The User must be at least 18 years old and be legally capable of contracting and using the Platform in accordance with these General Conditions. The User is required to provide accurate information that he undertakes to update immediately in the event of modifications.
Access to the Account created is protected by a username and password chosen by the User when registering on the Platform. The User is solely responsible for any use that may be made of his username and password, and the sole guarantor of their confidentiality, as well as any use of his Account.
2.2 Conditions for registration on the Independent Consultant Platform
2.2.1 To be referenced as Independent Consultants on the Platform and to be visible to Users, the latter is also required to provide accurate and complete information on their Account, upload their CV, and update their Account.
As the Platform is a local market place, the Independent Consultant is required to indicate as the main area of activity, the place where he is registered or his usual place of residence.
2.2.2 Billing Mandate.
The Independent Consultant acknowledges and accepts that the creation of an Account on the Platform entails the unreserved acceptance of entering into an Invoicing Mandate with the Company.
The Independent Consultant agrees to upload on the Platform, the required documents concerning him for the purpose of meeting his obligations in the context of the fight against concealed work, as well as the rules of transparency (KYC) for the purposes of the fight against fraud. tax, money laundering and terrorist financing.
The Independent Consultant sends the Company the invoices, which can only be issued by the Independent Consultant after the Validation of the Mission by the Company.
In the event of a justified request for rectification of the invoice, the Independent Consultant undertakes to issue a corrective invoice without delay. Invoices issued by the Independent Consultant will expressly refer to the Invoicing Mandate.
The Independent Consultant acknowledges that the updating of all information relating to his legal, accounting and tax situation is essential to the execution of the Invoicing Mandate and therefore undertakes to communicate to the Company without delay any modification of to impact its execution (change of registered office, corporate form, etc.).
The Independent Consultant undertakes to comply with all applicable legislation in terms of invoicing, and in particular will ensure that the appropriate accounting and tax information (and in particular VAT) appear in the invoices issued. Independent Consultants remain solely responsible for their accounting and tax obligations with regard to the issuance of their own invoices.
The Company remains liable for the VAT due, where applicable pursuant to national regulations as specified in the Appendix, when this is incorrectly invoiced.
The Invoicing Mandate is one of the Services provided by the Company, the financial consideration for which is included in the amount payable by the Company to the Independent Consultant.
The Independent Consultant will provide the Company with copies of all invoices issued under the Invoicing Mandate.
The Invoicing Mandate will take effect from the acceptance of the General Conditions, until the Independent Consultant is unsubscribed from the Site for any reason whatsoever, or until the Company terminates the Invoicing Mandate.2.2.3 With regard to Independent Consultants registered outside France, they are also required to comply with all the obligations incumbent upon them under the legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the platform.
2.2.4 With regard to the liberal professions for which the exercise of the activity by the Independent Consultant is subject to compliance with access criteria or exercise conditions which are subject to a regulatory framework imposed by the State (regulated professions), the Independent Consultant undertakes to hold the (i) right to exercise the profession which he avails himself of and the (ii) right to carry out the Assignments which he advertises on the Platform.
2.2.5 In addition, if the Independent Consultant wishes to benefit from a financing service for his invoice offered by a financing company that is a partner of the Company, he undertakes, if necessary, to sign a mandate for the assignment of receivables, or any other equivalent document, allowing the Company to manage in its name and on its behalf the financing of its invoice.
2.3 In the event that the User provides false, inaccurate, outdated or incomplete data, the Company shall be entitled to suspend or close his Account and to refuse him, in the future, access to all or part of the Services.
III – Description of the Services and operation of the Platform
3.1. Description of Services
3.1.1 The Services include in particular:
• the possibility for the User to create an Account on the Platform;
• the connection between independent Consultants and Clients via the Platform;
• the provision of means of payment intended to secure the progress of a Mission;
• the collection and availability on the Platform of the documents required of the Independent Consultants within the framework of the duty of vigilance, it being specified that the Client, in his capacity as principal, remains solely responsible for the verification of these documents;
• collecting from Independent Consultants any other document justifying the regularity of their legal status, and making them available to the Client.
• the establishment and issuance of invoices relating to the Assignments carried out by the independent Consultants via the Platform, under the Invoicing Mandate;
• the possibility for the Independent Consultant to benefit from the financing of his invoice by one of the financial partners according to the methods specified in the following article 3.2.7 hereof;
• tools for automatically recommending profiles of Independent Consultants.
3.1.2 In addition to the Services, Customers can benefit from additional services by subscribing to one of the offers described in more detail in the appendix (hereinafter the “Additional Services”).
These Additional Services include in particular, depending on the offer subscribed to by the Customer, the following services:
• Sourcing: a tailor-made consultancy service for the purposes of research, by the Company’s teams, of independent Consultants according to the criteria determined by the Client;
• Personalized interface: the creation by the Company of a personalized interface of the Platform for the Client, allowing collaborative use between several Users employed by the Client;
• the provision of an online validation system by the independent Consultants of the Client’s contractual documentation;
• The possibility of paying the invoice relating to the Assignment when due, according to the Customer’s usual payment terms;
• The provision, for the benefit of the Client, of a management and contracting tool for the data relating to the Missions created by the Company, making it possible to (monitor the evolution of the number of Missions in progress and carried out for the Client, ( ii) centralize and monitor all invoices and payments made on the Platform, (iii) set up alerts and set up internal management rules specific to the Client.
3.2. Operation of the Platform
3.2.1 Connecting Users via the Platform
The Independent Consultant enters into contact with the Client (i) by contacting him directly via the Platform or (ii) through the Company.
3.2.2 Issuance of the Quotation.After discussing the scope and terms of the Assignment with the Independent Consultant, the Client has access to his Quote via the Platform.
3.2.3 Provisioning by the Client of the amount of the Mission
In the event of agreement on the Estimate, an independent Consultant may start the Mission.
The Independent Consultant will begin the execution of his Mission from the notification made to him on the Platform that the Client has validated the estimate. In the event of non-compliance with this provision, the start of the Mission by the Independent Consultant before the validation of the estimate of the Mission is carried out at its own risk and peril of the Independent Consultant who expressly acknowledges waiving any recourse against the Company.
The Client undertakes not to request the cancellation of his payment during the execution of the Mission.
By way of derogation from the previous provisions, the Customer who has subscribed to the Additional Services will pay the invoice relating to the Mission according to its usual payment deadlines, and in accordance with the conditions provided for by said invoice.
3.2.4 Invoicing of the Mission
At the end of the Mission, an invoice is drawn up and issued by the Independent Consultant in the name and on behalf of the Company, pursuant to the Invoicing Mandate.
3.2.5 Validation of the Mission
The Independent Consultant has a period of (15) fifteen calendar days from the notification sent to him by the Company to the email address of his User account to proceed, on the Platform, to the validation of the Mission.
By this validation, the Independent Consultant definitively waives any claim or recourse against the Company in respect of the payment made.
In the absence of Validation within this period, and unless it has expressly expressed its desire to oppose the Validation of the Mission, Independent Consultant acknowledges that the Company may proceed to the automatic validation of the Mission without prior formality.
3.2.6 Payment of Independent Consultants
Validation by the Client on the Mission Platform entails the irrevocable payment to the Independent Consultant of the amount of the invoice, less the commission payable to the Company by the latter.
IV – Access to the Platform and Services
Access to the Platform and the Services is exclusively reserved for registered Users.
Users are personally responsible for setting up the IT and telecommunications resources allowing access to the Platform. They bear the cost of telecommunications when accessing the internet and using the Platform.
The Platform is accessible 24 hours a day, 7 days a week for all Users.
The Company reserves the right, without notice or compensation, to temporarily or permanently close the Platform and/or access to one or more Services to update, modify or change the operational methods, servers and hours of accessibility, without this list being exhaustive.
The Company reserves the right to make any modifications and improvements to the Platform and the Services that it deems necessary or useful for the proper functioning of the Platform and its Services.
V- Price of Services
5.1 Pricing of Services to Independent Consultants
Except as otherwise described in Appendix 1 hereof, a commission is withheld from the Independent Consultant by the Company, calculated on the basis of a percentage of the total value of the base price of the Assignment, all costs included, including transport and accommodation. This fee and all fees are directly incorporated into the amount payable to the Independent Consultant by the Company.
The amount of the commission (excluding options) is set according to a percentage of the base price excluding VAT of the Mission.
5.2 Price of Services to Clients
The Client pays a commission to the Company, calculated on the basis of a percentage of the price excluding tax of the Mission.
VI- Payment system
6.1 Payment by the Client of the amount of the Mission is made by bank transfer.
VII- Evaluation and recommendation system
7.1 At the end of each Assignment, Clients and Independent Consultants are encouraged to mutually evaluate their collaboration. The evaluation left by a Client may appear on the Independent Consultant’s page. The evaluation left by an Independent Consultant may be visible to the Independent Consultants contacted by the Client for a new Assignment.
The evaluations left by the Customers cannot be modified after the period of one month from the end of the Mission.
7.2 Independent Consultants also have the possibility of being recommended by other Users such as colleagues, friends or former clients, with whom they have collaborated in the past.
The recommendations may be hidden directly and freely by the Independent Consultant on his profile. However, the Independent Consultant undertakes not to publish or have published on his profile recommendations of pure convenience.
7.3 Evaluations and recommendations must reflect objective considerations and cannot, under any circumstances, contain excessive or insulting elements. If this were the case, we the Company reserves the right to delete this evaluation or recommendation.
8.1 Cancellation by mutual agreement of the Mission
In the event that the Mission is canceled by mutual agreement (whether at the initiative of the Client or the Independent Consultant), the Company will reimburse, within 15 days, the amount of the Mission to the Client.
8.2 Dispute between the Client and the Independent Consultant
8.2.1 Declaration of the dispute to the Customer Service of the Company.
In the event of a disagreement between the Client and the Independent Consultant on the quality of the service, the scope, the terms, or the completion stage of the Mission, the latter undertake to inform the Company thereof by through its customer service.
8.2.1 Attempt at mediation
As of its referral by the Client and/or the Independent Consultant, the client service will act as a mediator, for a maximum period of 45 days (hereinafter the “Mediation Period”), attempting to offer them a solution. amicably to settle their dispute.
During the Mediation Period, the Client and the Independent Consultant undertake to make their best efforts to discuss and find an amicable solution to their dispute.
8.2.2 Outcome of the Mediation Period
The Company will end the Mediation Period as soon as the Client and the Independent Consultant have found an amicable solution to their dispute.
If at the end of the Mediation Period, the Client and the Independent Consultant have not managed to find an amicable solution to their dispute, the Company terminates the mediation and is released from the dispute. The Client and the Independent Consultant will then make it their personal business to resolve their dispute.
In the absence of agreement during the Mediation Period, and in the event that the Assignment would have been the subject of a prepayment by provision on an escrow account, the Company will refund the amount of the provision made by the Client corresponding to the amount of the Assignment, after deduction of fixed administrative costs of 90 euros, corresponding in particular to the costs incurred by the Company with the payment service providers as well as the costs of handling the dispute.
The request for restitution of the provision may only be made by the Client from the end of the Mediation Period, by registered letter with acknowledgment of receipt addressed to the Company’s Customer Service at the address of its registered office.
The Company will return the amount of the provision to the Customer within 15 days of receipt of said letter.
IX – Commitments
9.1 The User undertakes to access and use the Platform and the Services in accordance with the laws in force and these General Conditions.
In this regard, the User acknowledges that for the exclusive purpose of verifying compliance by him with these General Conditions and applicable laws, the Company may take cognizance of any content published or exchanged on the Platform.
Likewise, he acknowledges that the Company may intervene to moderate the Content published, if it does not comply with the laws and regulations in force as well as the obligations of Users under these General Conditions.
9.2 The User undertakes to carry out all the declarations and formalities necessary for his activity, as well as to meet all his legal, social, administrative and tax obligations and all the specific obligations incumbent upon him, where applicable, in application of the legislation on which it depends, in the context of its activity and the use of the Services.
In the event of a request, the User undertakes to provide the Company, without delay, with any proof proving that he meets the conditions set out in this article.
The User is solely responsible for the proper fulfillment of the aforementioned formalities incumbent upon him. The liability of the Company cannot be engaged in this respect.
9.3 The User undertakes to make fair use of the Platform, in particular not to circumvent the Platform and its Services. The User undertakes in particular not to enter into a Contract outside the Platform.
Failing this, in the event that the Users who have been put in contact via the Platform contractualize a Mission outside the Platform, the Company will send the Client an invoice for a lump sum of 3,000 euros as compensation, that the Customer undertakes under the terms hereof to pay upon receipt.
Similarly, any User is prohibited from extracting any Content from the Platform for a similar or competing activity, or for recruitment purposes.
9.4 The Client undertakes to submit a serious and sufficiently detailed problem to the Independent Consultant(s) with whom it contacts through the Platform in order to obtain a Quote.
As such, the Client undertakes to provide the Independent Consultant with all the necessary details so that the description of the Mission offer is as accurate as possible and does not mislead the Independent Consultant when drawing up the Quotation.
The Client is also prohibited from using the Services and the Platform to promote its activity or that of a third party. As such, it undertakes in particular not to send advertising messages to Users of the Platform or to canvass them.
9.5 The Independent Consultant undertakes to maintain strict confidentiality in the exchanges that he would have had with Clients and in the information that would have been transmitted to him or of which he would have knowledge on the occasion of a contact via the Platform (having or not given rise to a Mission). In particular, Users are prohibited from sharing with any third party, whether privately or on social networks, any exchange, information or excerpt from a conversation originating from the Platform’s messaging system.
9.6 The Independent Consultant undertakes to only offer its services and carry out Assignments on the Platform in its own name. Thus, it is forbidden to subcontract all or part of the Mission to a third party. In the event that the Independent Consultant exercises in a social form other than a single person, only the manager, president or partner of the structure, a natural person can invoice. He thus undertakes to create a profile on the Platform and to carry out the Mission himself.
X – Liability Responsibility of Users
10.1 The User is solely responsible for the direct or indirect damage that he is likely to suffer as a result of inaccurate, incomplete, and/or misleading information that he provides when registering or in the absence of an update of this information, for which he bears the consequences alone.
He acknowledges and accepts that any notification under these General Conditions may be made to him through the contact email address provided when creating his Account on the Platform.
10.2 The User is solely responsible for all the Content that he chooses to put online on the Platform, the Company not controlling the Content before it is put online.
The User is expressly prohibited from publishing any Content that is abusive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and good customs, infringing, undermining public order or the rights of third parties, likely to damage to the rights, reputation and image of the Company and more generally, the content of which would violate the law and/or regulations, in particular of a criminal nature.
10.3 The Client is solely responsible for the description of the Mission offer for which he is requesting a price proposal. In the event of an error in the description of the Mission offer, the Client alone will assume any necessary additional services and additional costs relating thereto by formalizing with the Independent Consultant an additional Mission through the Platform.
10.4 The User is solely responsible for the conclusion and execution of contracts relating to a Mission that he concludes with another User through the Platform, the Company only intervening to put them in contact. The conclusion and execution of these contracts, which occur directly between an Independent Consultant and a Client, take place on the initiative and under the exclusive responsibility of the latter.
10.5 The Independent Consultants acknowledge that the tools and technical means made available by the Company do not exempt it from its responsibility for the legal obligations incumbent upon it. In particular, he acknowledges that he retains full responsibility for his legal and tax obligations in terms of invoicing under the initial original and/or corrective invoices issued in his name and on his behalf by the Company, in particular with regard to his obligations to declaration and payment in terms of VAT, in accordance with the Invoicing Mandate.
10.6 The Company implements all means to ensure access and proper functioning of the Platform and Services 24 hours a day, 7 days a week.
Nevertheless, given the limits linked to the Internet, the Company cannot exclude that access to and operation of the Platform and the Services may be interrupted, in particular in the event of force majeure, malfunction of the User’s equipment, malfunctions of the User’s internet network, maintenance operations intended to improve the Platform and the Services.
Consequently, the Company cannot be held responsible for an interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions which would be attributable to it.
10.7 The Company provides Independent Consultants and Clients with tools and technical means allowing them to enter into a relationship for the purpose of concluding a service contract through the Platform. Its responsibility is limited to the provision of these means, as described in the General Conditions and to the linking of independent Consultants and Clients.
In particular, the Company cannot be held responsible for the frequency of presentation of the profiles of Independent Consultants on the Platform.
The Company and the User are independent parties, each acting in their own name and for their own account.
The Company does not enter into any contract in the name and/or on behalf of an Independent Consultant or a Client, the latter contracting directly with each other through the Platform.
Consequently, the Company can under no circumstances be considered in particular as an employee/employer or agent of a User.
Since the Company is not a party in any capacity whatsoever to the contracts relating to an Assignment concluded between the independent Consultants and the Clients, the latter are solely responsible for the difficulties, claims and disputes that may arise during the conclusion and/or the execution of said contracts. Consequently, each User releases the Company from any responsibility for the direct or indirect consequences resulting directly or indirectly from the connection, conclusion and/or execution of such a contract between an Independent Consultant and a Customer.
As such, the Company cannot be held responsible for any cancellation of payment or revocation of direct debit authorization at the initiative of the Customer alone, and the consequences that may result therefrom.
10.8 The Company does its utmost to ensure the content and validity of the information and documents transmitted by Independent Consultants on the Platform as soon as they are established in France. However, the Company cannot be held responsible in any way whatsoever for breaches of the obligations incumbent on them, in particular in the context of the fight against concealed work and compliance with the rules of transparency, as well as any damage that may result therefrom.
Thus, the Company cannot be held responsible for false, misleading or outdated information communicated to it by the Independent Consultant.
Similarly, the Company reserves the right not to transmit to a User the messages of another User, when these do not comply with the General Conditions.
XI – Independent Consultants Insurance
11.1 The Company has taken out a “service provider’s civil liability” insurance policy with AXA France IARD Mutuelle in order to allow independent Consultants to benefit from insurance coverage within the framework of the Assignments carried out by them via the Platform, under the conditions provided by the police.
This insurance covers the Independent Consultant from the validation of the tariff proposal by the Client.
11.2 The details of the guarantees taken out (in particular nature, limits, deductibles, etc.) and the special conditions of coverage of the AXA policy taken out by the Company can be accessed here. The also applicable AXA policy terms and conditions can also be accessed here.
The Independent Consultant declares to have taken full knowledge of them by accepting these General Conditions.
The Independent Consultant acknowledges and accepts that in the event of a dispute covered by the AXA policy taken out in his name and on his behalf by the Company, he will remain liable to the latter for the amount of the deductible provided for in the special conditions. The Independent Consultant already gives his authorization for this amount to be deducted by the Company from any amount owed to him by Clients for a Mission carried out via the Platform.
By way of indication, and without such clarification adding to or subtracting from the special or general conditions of the AXA policy taken out, the attention of the Independent Consultant is drawn to the geographic scope of the policy, in particular in this that damages resulting from services carried out on the territories of the United States of America and Canada or intended for these countries are excluded from the guarantee.
11.3 The Company cannot be held liable in the event of non-application of the AXA policy to any damage whatsoever.
The Independent Consultant also acknowledges that he is free to take out professional civil liability insurance himself in his name and on his behalf, in particular in order to extend the field and/or the geographical and/or temporal scope of the guarantees covered by the AXA policy taken out by the Company or to reduce the amount of the deductibles provided for.
XII – Personal data
The methods of processing data related to the use of the Platform and any other interaction with the Company are explained in the data protection policy available here https://www.presence-digital.com. This data protection policy also explains the rights of access, rectification, deletion, portability and limitation available to the persons concerned by the processing of personal data that the Company implements. The Company has appointed a data protection officer who is available to any User to answer any questions concerning the protection of personal data at Présence Digital by email to email@example.com and by post to: Presence Digital, 13 Rue des Pyramides – 75001 PARIS.
For the proper functioning of the Platform and the Services, cookies may be placed on the User’s terminal when connecting to the Platform. Cookies are small text files that are stored in the browser or terminal device by Internet platforms, applications, online media and advertisers.
XIV – Intellectual Property
The Platform and each of its components, including but not limited to text, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of the Company or that of its partners.
These elements are protected by laws relating to intellectual property and others, and in particular copyright.
Any reproduction or representation, in whole or in part, of the Platform or one of its constituent elements, without the authorization of the Company, is prohibited and constitutes an infringement punishable by the Intellectual Property Code.
Any User who publishes Content on the Platform retains full ownership of everything he publishes.
By creating a profile or leaving recommendations on profiles, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display these Public Contents on the Platform, social networks, blogs operated by the latter and/or on any other media (including physical and digital media, press kit, commercial media, promotional and/or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing, advertising of the Services and the Platform or for the purposes of setting up partnerships. This authorization is valid worldwide and for the entire duration of the User’s registration.
The User acknowledges that any use of his Content made by the Company prior to his unsubscription, deletion or termination of his Account cannot be called into question.
XV – Hyperlinks
15.1 The User is authorized to create one or more hypertext link(s) pointing, for example, to the home page of the Platform or to his profile page if he is an independent Consultant.
Users are prohibited from creating any link from Platforms that do not comply with the legislation in force or that would be likely to harm the interests, reputation and/or image of the Platform and the Company. .
In any event, the Company reserves the right to terminate this authorization at any time if it appears to it that the link established with the Platform is likely to harm its interests, its reputation and/or its image.
Under no circumstances does the existence of a hypertext link from a third-party site to the Platform imply cooperation and/or a partnership between the Platform and this third-party site. The Company has no control over third-party sites and therefore assumes no responsibility for the content and products and/or services available on or from these third-party sites containing a hypertext link to the Platform.
15.2 The Platform may contain links to the sites of the Company’s partners or to the sites of third parties. The Company has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content and the products and/or services available on or from these sites.
The Company shall in no way be liable for any direct or indirect damage that may arise when the User accesses the site of the partner and/or third party and uses the content and the products and/or services of this third-party site by the User.
XVI – Framework for the use of APIs
The Company provides users with APIs allowing the use of their data via a secure token.
This token can be used directly or transmitted to third-party applications in order to use the information they have provided on their profiles, and those resulting from the application of the Platform services.
The choice made by the User to use these APIs and the resulting sharing of his data remains exclusively on his own initiative and responsibility.
The Company undertakes to take all the technical and organizational measures necessary to ensure the security of this data, but cannot be held responsible for the User’s data once entrusted to a third party in the context of the use of its token. .
XVII – Duration, termination and penalties
This contract is concluded for an indefinite period from the acceptance of the General Conditions by the User.
Any use of the Platform and the Services contrary to the General Conditions and/or the laws and regulations in force entitles the Company to suspend, without notice, the User’s Account or to refuse the User in the future the access to all or part of the Platform, without prejudice to any damages that the Company may be entitled to claim.
The Company may, moreover, five (5) days after having informed the User by means of the messaging service, automatically close the suspended User’s Account and this, without any compensation being due for any reason. whether it be.
These measures may be taken in particular in the following cases:
- communication of false information by the User (documents, location, experience, etc.);
- insulting remarks towards a User or an employee of the Company;
- unfair use and/or circumvention of the Platform, in particular contractualization of a Mission outside the Platform;
- subcontracting of Missions which are entrusted to an independent Consultant, to employees or to third parties;
Similarly, in the event that the User is the subject of repeated disputes or reports from Customers reported to the Company’s Customer Service, the Company shall be entitled to delay the visibility of the content hosted within the results of the search engine. research, suspend or close his account.
The closure of the User’s Account by the Company automatically entails the termination of these General Conditions.
XVIII – Customer Service
For any question or information concerning the Platform and the Services, the User may contact the Company via the “contact” section on the Site or by sending an e-mail to the address indicated in the Appendix.
XIX – Nullity – Waiver
In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulation or by a court decision, this cannot in any way affect the validity and respect of these General Conditions. .
The Company’s failure to exercise the rights granted to it under these terms does not constitute a waiver of its rights.
XX – Modification of the General Conditions
The Company reserves the right to modify at any time, at its sole discretion, all or part of these General Conditions.
The User who continues to use the Platform once these modifications have been made is deemed to accept these modifications.
If the modifications made by the Company are significant, the Company will inform the Users using reasonable means, for example, by publishing on the Platform a notice relating to these modifications or by sending an informative email to the Users.
XXI – Applicable law and competent jurisdiction
These General Conditions are subject to French law. Any dispute relating to their formation, conclusion, interpretation and/or execution falls within the exclusive jurisdiction of the courts within the jurisdiction of the Court as specified in the Appendix.
Version in force as of October 15, 2022
Appendix 1 – Specificities related to Digital Presence Entities
This Appendix relating to Digital Presence Entities applies to the contract concluded between Digital Presence and the User.
The contracting Digital Presence Entity will depend on the domain selected by the User for the purpose of executing the contract.
|Entity and registered office||Applicable law and competent jurisdiction|
|Présence Digital SAS – Société par Action Simplifié, registered with the RCS of Paris under number B 909 104 564, whose registered office is located at 13 Rue des Pyramides – 75001 Paris. www.presence-digital.com||Applicable law: French law|
Jurisdiction: Commercial Court of Paris
Other national provisions: The Company remains liable for the VAT due, where applicable pursuant to Article 283 paragraph 3 of the General Tax Code, when this is wrongly invoiced.
|Présence Conseil SAS – Simplified joint stock company registered with the RCS of Paris under number B 443 346 366, whose registered office is located at 13 rue des Pyramides – 75001 Paris|
|Applicable law: French law|
Jurisdiction: Commercial Court of Paris
Other national provisions: The Company remains liable for the VAT due, where applicable pursuant to Article 283 paragraph 3 of the General Tax Code, when this is wrongly invoiced.
|Entity||Definition of Independent Consultants|
|Présence Digital||Means any natural or legal person, having a SIRET number and registered in the Register of Commerce and Companies in the Directory of Trades, in the Special Register kept by the registry of the Commercial Court on which its business formalities center depends, or in the Directory national associations, or exercising as a self-employed person under legal conditions from France or abroad and which offers its services to Clients through the Platform. Is also designated as an Independent Consultant, any person acting as an independent via the following structures provided for by law: cooperatives of independent consultants (SCOP, SCIC), business incubators as well as wage portage companies.|
|Refers to any natural person or, where applicable, legal person with a CIF number and registered in the corresponding commercial register, exercising as a self-employed person under legal conditions from Spain or abroad and offering their services to Clients through the Platform.|