General Sales Term
GENERAL SALES TERMS
Section 1. Definitions
The “communication agency”: intermediary between Advertiser and MDM company for an Advertising Campaign.
The "Advertiser": means any legal person reserving an advertising space on the website in order to broadcast an advertisement.
The "Order Form": It is the document embodying the order for one or more services.
The "Campaign": advertising insert or set of inserts that must be published for a given advertising operation corresponding to an Order Form.
The "candidate": who is an Individual member of the site, looking for a job and registered on the site.
The “Resume”: notes detailing the career of a candidate.
The "Resume Database": web space hosting Resumes.
The "Legal Information": information identifying the company MDM.
The "Registration": means action that allows an Internet user to become a member and have access to certain services.
The "Internet User": means any visitor to the website.
The "Offer": it is the job ad posted online.
The "Advertising": means an advertisement that is not a job offer, but defines promoting a company, its products and / or services.
The "Professional": the Advertiser, the Recruiter and the Communication Agency.
The "Recruiter": company putting down an Offer.
The "MDM Company": website editor.
“The "Service (s)": indicates one or several services available on the Site.
The "Website": the website www. Aspom.Com
Section 2. Purpose of the contract
Our sales and services are subject to these present terms. In case of conflict between these present sales terms and the purchase term of a customer, it is agreed that the present conditions prevail. Any request of insertion (job offers, advertising, banners, press releases, links...) on the website are considered to be final and irrevocable by the customer after the signature of the contract.
Section 3. Description of services
The site allows the Internet user to consult the Offers. The site allows the candidate to submit his application online and to respond to the offers. The site allows the Recruiter to put down his offer, to visualize and to sort out the answers of the candidates. The site allows every Professional to spread an Advertising.
The Site consists in particular of:
- A Resume database
- Recruiting agency
The site does not guarantee maintenance of its services during a time frame, they are likely to change based on improvements made to the Site. Wherever possible, the Professional will be informed of these developments.
Products & services spread on the MDM company website are under the only responsibility of the announcer. The job offers must be in accordance with the legislation in force (sect. L. 1132-1 to L. 1132-4 and L. 5331-1 to L. 5331-6 and L. 5332-1 to L. 5332-5 of the Labor Code). MDM Company will refuse any product and / or service that is not in accordance with the rules and practices of the profession and its law. The Customer agrees to use reasonable and rationally products and services to which he has access, in particular, in using the available resume databases. MDM company reserves the right to reject outright any product & service, even under execution, if it seems contrary, by its nature, text or presentation, to the spirit of MDM website, or likely to create protests from visitors or third parties, and more generally any product and / or service opposite to his moral or financial interests. Regarding offers listed on MDM website, the Customer authorizes MDM Company to replicate and / or modify and / or host all or part of its website in order to optimize his service (candidate navigation, statistics, etc...) and to use its trade name and insert it in the website result pages as well as in all documents, of any kind, to present the business and Company Customers.
No claims will be admitted if it has not been made in writing within 5 days after the date of the publication online.
No claim will be accepted in case of a delay on an online product and / or service unless it has been specified on the sales order by “day of rigor, if not to delete" or if an online deadline has not been specified.
Any change or cancellation is possible no later than 3 days before the date of the online publication.
MDM Company cannot be held responsible for problems of data transmission, connection or network downtime or access speeds or any non-functioning Internet network or global networks overcrowding and the complexity of hardware and software set up on the servers of the Company. The products and / or services offered are always subject to availability at the time of the acceptation of the sales order by MDM Company.
Section 4. Sales Order and Billing
The advertiser who wishes to place an order for the first time with MDM Sarl, must send all information required by the latter, especially intended for its accounting department. Any order must be sent to the company MDM either electronically or by fax or by mail.
Section 5. Financial conditions - Professional
The service price is determined according to the current scale. The service order is considered firm from the signature of the Purchase Order or on clicking on the Online Offers Express order confirmation. If the client is not accepted by an outstanding coverage by our credit insurance, he will be asked for a deposit of 40% of the total order before tax. This deposit will be liable at the Purchase Order signature.
Any subscription or service in process is due through end of term without the possibility of an early termination. Any spaces stock Offers or Services acquired over time is billed in full at the signature of the Order. The non-use of such stock or such Service during the contract period does not give the right for any refund.
All bills must be paid thirty (30) days after the issue date, without discount for early payment. MDM Company and the Advertiser may waive this rule by an amendment, but the delay of payment must not exceed forty-five (45) days after the issue date of the invoice.
Any amount not paid at date of payment will bear interest at the legal rate plus five points.
Any late payment will automatically result by right of:
- The suspension of the contract,
- The immediate payment of all charges remaining due and orders not yet billed
- Payment in cash right at the rehabilitation of any new online production or the suspension of execution – a charge on interest for late billing will be calculated on the basis of three times the interest rate on the bill and payable upon reception by check – payable of 15% of the amounts due under a penalty clause, in addition to any court costs.
Section 6. Identifier
In his request during his membership, the Recruiter chooses a personal identifier and a password. After each use, the Recruiter must make sure to leave his account at the end of each session. The Recruiter is responsible for maintaining confidentiality of his password and for his account. He is totally responsible for any act involving the use of his identifier and his password. In case of loss or of theft of the identifier and\or password, or in case of use by an unauthorized third party, the Recruiter must immediately contact the Website.
Section 7. Advertising
Advertising space may be purchased from the company MDM directly by the Advertiser or by a communications agency. In the case of an intervention of a representative in person from a communications agency, he or she has to be duly appointed by the Advertiser. If the Communications Agency would turn out not to be appointed by the Advertiser, it will be to the communication agency to adjust the totality of the past order form, regardless of the broadcast or the Order form and without the possibility to resell advertising space to a third party.
The signature of the Order form engages the Announcer and the Communication agency. The Communication agency insures for the Announcer the management, the follow-up and the control of the Order form and the invoices, as well as payment due date by himself or by the Announcer.
Modalities of placing an Advertising or a Campaign are defined in the Order form.
The company MDM reserves the right to refuse any advertising which will be opposite to its material and moral interests, and if it constitutes an infringement of morality or public order or contravenes the laws and regulations.
In any case, MDM will not be held responsible for not placing an advertisement for one of the reasons mentioned in the preceding paragraph, this refusal may not give right to some damages whatsoever to the Advertiser and / or communications agency.
Section 8. Notification
Pursuant to Section 6. I. 7 of the Law on the digital economy trust of June 21st, 2004 (No. 2004-575), the user must alert the company MDM, at contact@ASPOM.com, about any message advocating crimes against humanity, inciting racial hatred, relating to child pornography, inciting violence or undermining human dignity.
Section 9. Distinctive elements of the Site - Intellectual Property
The elements of the Site cannot be used without the express authorization of their holder. The Business acknowledges that the Website content is protected by the copyright, trademark law, database rights, for the Resume database and bank offers.
The Professional is authorized to make copies on paper of the pages of the Site for a strictly private use and not for commercial use. All other reproduction is forbidden, without the authorization of the company MDM.
It is strictly forbidden for the Professional (according to articles L. 342-1 and following ones of the Code of the intellectual property):
- to extract by permanent or temporary transfer all or any qualitatively or quantitatively substantial contents of Resume database or / and accessible Offers on the Site on another support, by every possible means and under any form whatsoever,
- to use all or any qualitatively or quantitatively substantial content of Resume database and / or Offers by the provision of public,
- to extract or re use in repetition or in a systematic way qualitatively or quantitatively parts not substantial of the contents of the Resume database or / and Offers when these operations exceed manifestly the normal conditions of use of the Site,
- commercially exploiting to a third party the rights of access or of publications of Offers, or Offers themselves.
MDM reserves the right to terminate the present automatically and to initiate any action to punish any violation of intellectual property rights.
Section 11. Responsibility
For all its obligations, the company MDM is held to an obligation of means and not results.
Information and content, password and username
The information provided on this site, including the interpretation of regulations are purely and only provided for information purpose.
The presence of an Advertiser on the Site does not mean that the job offers or the mission are recommended by the Site.
MDM Sarl’s responsibility cannot be pledged in case of false allegations or allegations likely to mislead.
Information, contributions, advertising and offers published on the Site reveals to the exclusive responsibility of a Professional.
The site cannot be held responsible for loss or destruction of a resume, Advertising and Offers. MDM will not be responsible for any loss or damage that may result from the loss or from fraudulent use of passwords, login.
Specific provisions to broadcast advertising
Any delay, suspension in the broadcasting of the Advertising of the fact in particular of technical failures outside the company MDM and independent from its will, cannot motivate a refusal to pay, even partial, on behalf of the Announcer or of his Communication agency, nor to open straight ahead to a new insertion at the expense of the company MDM or to a compensation whatsoever.
The constituent defects of faults in the advertising material such as in particular the content of an advertisement which will have such an important electronic weight, or delay in the delivery of elements cannot in any way justify the termination of an Order form, nor gives the right to claim for damages and interest for the benefit of the Announcer or of the Communication agency.
MDM company is released from its obligation to put online the advertising of the Announcer as a result of the emergence of any major coincidence or strength.
MDM cannot be held responsible for any advertising if its content violates the current laws.
MDM Sarl cannot be held responsible in any case towards the Announcer or towards the Communication agency, regarding indirect damages such as operating losses, commercial damages, loss of a customer, loss of order, some commercial disorder, loss of earnings, brand image offence.
In any cases and all heads of damage taken together, the amount of the responsibility for MDM Sarl or quite other future developer will not exceed 150 €, all heads of damage taken together.
Section 12. Prescription
Any action in responsibility against the company MDM is prescribed three months after the emergence of the generative harmful fact.
Article 13. Computing and personal freedom
In order to protect the anonymity of Candidates, or Recruiters towards the Internet users, the Website will only post the Identifier and, if the member wishes it, some additional personal information.
The Site keeps the following data:
• Information given upon registration for access to the site;
• Information provided by the member in the offer or ad;
• In accordance with relevant law, the time, duration and the connecting IP address of each website visit.
These data can be given on request of a legal authority.
According to law # 78-17 of January 6th, 1978 modified, relating to Computers and Liberties, the database and the treatments relating to it were the purpose of a statement at the CNIL under the number n°782252 version 1.
Any personal data concerning the Professional are directly collected on the Site. The Professional has the right to rectify, complete, clarify, update and delete the personal data which concern him, except for the addresses IP, according to the regulations in force on the preservation of these data. To exercise his rights, the Professional has to send an email to the Site at the address contact@ASPOM.com.
When you sign up, the Professional gives his authorization for a possible transfer of registration data to other French partners or to a partner having his place of residence in a European Union state member or in any State recognized as leading personal policy data by the CNIL.
Section 14. Applicable law -
The present conditions, the appendices and any document taken in application are subjected to the French law. Any dispute in the interpretation and the execution of the present will be carried in front of the courts of BAYONNE in spite of defendants' plurality or call in guarantee.