General Terms of Use Luxembourg

Hunteed offers a service, accessible online, between Companies with a need for recruitment and specialised Consultants who select profiles of suitable Candidates and offer them in return to the Companies.

General Conditions of Use and Sale (hereinafter referred to as "GCUS") are intended to define the terms of use of the Hunteed website, accessible at hunteed.com (hereinafter referred to as the "Website"), and the terms and conditions for the sale of the services offered by Hunteed, a simplified joint-stock company with a capital of 341,817 Euro, whose head office is located at 9 rue du Laboratoire, 1911 Luxembourg and registered with the Trade and Companies Register of Luxembourg under number B263985.

By registering on the Website, the Company and the Consultant recognise that they are fully informed of the GCUS and that they are held by all the provisions of the same GCUS.

1. Definitions

Each term starting with a capital letter below, whether used in the singular or the plural, has the meaning given to it in this section.

"Job Offer" means any offer of employment on a permanent contract, fixed-term contract, temporary or freelance job offer and any job offer posted on the Website by a Company.

"Candidate" means any natural person who has been recommended by a Consultant and has accepted to be potentially contacted by the Company. The corresponding Candidate may be contacted for a fixed-term, permanent, temporary or freelance assignment (only for senior or middle managers or qualified technicians).

"Consultant" means any natural person or legal entity registered on the Site, who is a recruitment professional and wishes to recommend and present Candidates to Companies that have placed a Job Offer on the Site. Consultants (and therefore eligible for the Reward) may only be persons who are not subject to any legal and/or contractual restriction prohibiting them from recommending Candidates or carrying out activities that are incompatible with this function (for example, an employee of a Company may not be a Consultant).

"Work Contract" means any type of contract signed between the Company and a Candidate formalising the hiring of the Candidate following a Job Offer.

"Credentials" means the information required by the Website from Registered Users at the time of registration, and entered by them.

"Company" means any legal person under private law or under public law, registered on the Website, placing a Job Offer on the Website to receive recommendations from Candidates by Consultants.

"Guarantee Period" or "Warranty Period" means the period of time commencing on the date a Candidate takes office, during which Hunteed guarantees the Company a reposting of the Initial Job Offer to relaunch a new recruitment campaign, at no cost to the Company, in the event that a Candidate recruited by the Company would leave, on their own or due to the Company. The duration of this period is indicated on the job description. In the absence of any indication, the Guarantee Period applied by default is 30 calendar days. This period is automatically extended to the number of days of sick leave that the recruited candidate may have to ask his employer.

"Fee" means the successful compensation that the Company agrees to pay to Hunteed when the Company and a Candidate recommended by a Consultant via the Website decide to sign a Work Contract

"Consultant Fee" means the amount that Hunteed pays to the Consultant when a Candidate, which he or she has recommended to a Company for a Job Offer, is recruited by the corresponding Company.

"Service" refers to the recommendation and recruitment follow-up services offered by Hunteed to Companies and Consultants, more fully detailed in section 3 of the GCSU.

"Website" means any website accessible on the hunteed.com domain, whose infrastructure was developed by Hunteed according to the computer formats usable online, including data of different types including text, sound, still or moving images, video, databases, intended for use by the User, and which give access to the Service.

"Hunteed" means the simplified joint stock company Hunteed, a company with a capital of 341,817, whose head office is located at 20 bis, rue Louis-Philippe - 92200 Neuilly-sur-Seine and registered with the Nanterre Trade and Companies Register under the number 804 958 825, represented by their President Mrs Sylvie Fleury

"User" means any natural or legal person who uses the Website without being registered there.

"Registered User" means any Applicant, Consultant or Company registered on the Website.

"Subscription" means a monthly subscription entered into between the Company and the Business on the terms detailed within a quotation

2. Purpose

This document constitutes the General Conditions of Sale and Use of the Service and is intended to define the terms and conditions of use of the Service by the Company and the Consultant.

It is recommended to all the Users, before using the Website, to read all of the GCUS carefully and to ensure that they understand them, as they contain their rights and obligations

The GCUS constitutes the contract between Hunteed and the Company first, and between Hunteed and the Consultant second. Consequently, any possible general conditions of purchase of the Client are expressly inapplicable, as well as the general conditions of sale of the Consultant.

Any registration on the Website, its use, as well as the use of the Service offered by Hunteed, are expressly and unconditionally accepted by the Company and the Consultant.

3. Description of the Service

For the Company

Post a Job Offer for free
Receive a selection of applications, proposed by Consultants and validated by Hunteed as corresponding to the needs of the Company
Access a management interface for jobs and applications (the dashboard)
Exchange with the Consultant on the proposed candidate via the internal messaging system

For the Consultant:

Receive highly detailed and automatically updated job descriptions
Access activity statistics for each job and for the Client, in real time
Access an internal messaging system allowing to exchange directly with the Client and/ or with Hunteed
Submit the recommended applications and their profit on the Website
Access a management interface for favourite jobs and recommended applications
Be informed of the status of the proposed candidates in real time

4. Access and registration to the Service

4.1 Access to the Service

The Service is accessible on the Website from the Internet on a computer or mobile.

In order to access the Service, the Company and/or the Consultant must connect to the Website and enter their email address and password.

Use of and access to the Service will be differentiated according to the status of the Registered User: Company or Consultant.

Certain Hunteed features are available for free, others are for a fee. The financial conditions are described in Section 6 below.

4.2 Registration of the Company and/or Consultant

To be eligible for the Service, registration of the Company and/or the Consultant is mandatory.

Registration for the Service is open to any natural person, adult and capable, or to any legal person or public organisation, represented by a natural person with the competence to do so.

The Company and/or the Consultant guarantee that the Identification Data they communicate to the Website are accurate and true. They undertake to inform the Website of any modification of this Identification Data, or even to modify it themselves on the Website within their personal space, as the case may be.

4.3 Information on the identifier and the connection

When the Company and/or the Consultant is registered, they have an identifier (his email address or his surname and first name) as well as a password, which are totally personal and confidential and must not under any circumstances be communicated to third parties. With the exception of a technical failure of the Website, the Company and/or the Consultant is held responsible for the use of their Identification Data by third parties or actions made through their personal account. The Website does not have the technical ability to check the accuracy of the identity of the people who register on the Website. If a person has any doubt about the unauthorised use of their Identification Data by a third party, they must inform Hunteed without delay.

For data security and protection reasons, Hunteed deactivates inactive Company and/or Consultant accounts for a period of 24 months and for which no credit or debit is included in the Company or the Consultant account.

4.4 Use of the messaging service

Hunteed provides companies and consultants with an internal messaging service enabling them to communicate and discuss the recruitment processes of the Companies and the applications specifically selected according to a Job Offer by the Consultants.

The Registered User agrees to use the messaging service for business purposes only.
The User is informed that in this context, Hunteed is the recipient of all messages exchanged by Registered Users.

As a recipient, Hunteed will, therefore, have control over the use of the electronic messages exchanged, in accordance with the applicable legal provisions.

The purposes of this control are, in particular, the following:

The prevention and repression of unlawful or defamatory acts, acts contrary to morality or likely to undermine the dignity of others, as well as the repression of facts;
The protection of the Hunteed's economic, commercial and financial interests, as well as the fight against practices contrary to these principles;
The safety and/or proper functioning of computer systems, Hunteed's network and the physical protection of Hunteed's facilities;

By accepting these GCUS, the Registered User acknowledges being solely responsible for the data they post and/or transfer and is committed, especially when using the messaging system:

to not disseminate comments, opinions or information of a defamatory, denigrating, abusive or obscene, violent, or racist nature and more generally contravening the legal or regulatory texts in force, the rights of persons, public order and morality;
not to post commercial advertising material (any link to a website, any phone number, any email address or any other element likely to compete with Hunteed may be deleted without notice or compensation);
to provide real, accurate, and up-to-date information at the time of their entry and in particular to not use false names, titles or addresses, or even unauthorised names, titles or addresses;
to not make available or distribute information, programs or elements that are illegal reprehensible or harmful (such as viruses, hacking or copying software).

5. Acceptance – modification of the GCUS

5.1 Acceptance

The Service is provided on condition that the Company and/or the Consultant accept the GCUS. The latter are deemed to have accepted the GCUS simply due to the use of the Service, which necessarily implies acceptance of the GCUS.

The GCUS govern the contractual relations between Hunteed and the Company who accepts them without reservation.

Hunteed reserves the right to waive certain clauses of the GCUS, depending on the negotiations made with the Company or the Consultant, by the establishment of special conditions. In case of contradiction between the special conditions of sale and the GCUS, the special conditions shall prevail.

5.2 Modification

The GCUS apply for the duration of the Services being posted.

The GCUS's that apply at the time of recruitment are those that were displayed at the time the ad was posted on the Website by the Company

Hunteed reserves the right to modify the GCUS at any time. Any modification of the GCUS is electronically notified to the Company and the Consultant registered on the Website, which are free to refuse the application.

In the absence of express refusal on their part, the updated GCUS shall apply and shall apply to any use of the Service.

6. Financial Conditions

6.1 For the Company

The financial terms of registration on the Website, the posting of Job Offers by the Company and the collection of profiles of recommended Candidates are indicated in the "pricing" tab on the Hunteed Website. The applicable rate is that in force at the time of publication of the Ad. For "interim executive" assignments, the pricing conditions are detailed in the pricing tab on the platform.

The Company may choose to publish a Job Offer for free and only pay the Fee linked to the actual recruitment of candidates in accordance with the financial conditions indicated when the Job Offer is published and as defined below.

The Company may choose to take out a Subscription for a PRO account, and select the plan it wishes to use. The different Subscription plans are detailed on the "Pricing" page of the Site. To subscribe to a Subscription plan, the Company must contact the Hunteed team to establish a contract that the Company must sign. Any signature of the Subscription contract constitutes a definitive subscription on the terms agreed between Hunteed and the Company.

The Subscription contract is concluded on the date of acceptance of the contract and will be effective according to the terms of the contract. At the end of the initial period as set out in the contract, the Subscription will be renewed tacitly, unless terminated by the Company or the Business by post or email to facturation@hunteed.com with a notice period of 1 month.

Regardless of the Subscription Plan chosen, when the Company posts a Job Offer, the value of the Fee is automatically calculated by the platform based on several criteria for fixed-term and permanent recruitment: average of the gross annual salary range indicated, length of the replacement guarantee period chosen by the Company, function of the position to be filled, country in which the position is located. Based on these criteria, the percentage displayed is applied to the average of the annual salary range, and the amount obtained is rounded down or up to the nearest hundred, in order to determine the amount of the lump sum to be paid by the Company in the event of successful recruitment. For temporary recruitment, a multiplying factor depending on the geographical location is applied to the average gross annual or daily salary of the position to be filled, in order to determine the amount of the monthly lump sum to be paid by the Company in the event of successful recruitment of the temporary employee. The amount of the Monthly Fee indicated when the temporary assignment is published is shown for information only, as it will vary depending on the actual number of days worked by the employee recruited on a temporary assignment, and declared by the Company each month.

The Fee is payable on the date on which the Company and the Candidate mutually agree to enter into a fixed-term or open-ended employment contract, regardless of what happens to the Candidate within the Company. The Company then undertakes to inform the Company of the success of the assignment by any means at its disposal and in particular on the Site, using the dashboard and the Candidate File by clicking on the RECRUIT THIS CANDIDATE button and indicating the date on which the Candidate will take up the position.

The Company will then issue an invoice to the Company for the total amount of the Fee as provided for when the Job Offer is published on the Site, plus VAT, payable on receipt. However, if the remuneration agreed between the Company and the recruited Candidate is more than 10% higher than the high range of the remuneration indicated on the Job Offer published, or more than 10% lower than the low range of the remuneration indicated on the Job Offer published, the Company reserves the right to adjust the Fee invoiced to the client according to the actual remuneration of the recruited candidate and concurrently, the Fee paid to the consultant. It is understood that the Company undertakes to provide the Company with a copy of the promise to hire or the signed employment contract, on first request.

In the context of the recruitment of a temporary employee, the fees due are payable at the end of each month worked by the temporary employee. Each month, the Company or the partner designated by the Company and bearing the salary of the employee recruited, issues an invoice to the Company for the total amount of the fees as provided for at the time the Job Offer was published and adjusted according to the actual salary of the employee and its accessories, as well as the number of days actually worked and declared by the Company. The invoice is payable on receipt.

In the event of late payment and payment of sums due by the Client after the deadline set out above, and after the payment date shown on the invoice sent to the Client, a penalty at the legal rate in force per month of delay will be applied automatically and by right, without any formality or prior notice and will result in the immediate payment of all sums due to Hunteed by the Client, without prejudice to any other action that Hunteed may be entitled to take against the Client in this respect. In addition, the Client will be liable ipso jure for a minimum fixed indemnity for recovery costs, in addition to late payment penalties, set at 40€, without prejudice to Hunteed's right to request reimbursement of additional costs where the costs actually incurred exceed the amount of this fixed indemnity, on justification.

If the Company recruits or collaborates with a Candidate within twelve (12) months following the date of presentation to the Company on the platform, the Fee will be due in full to Hunteed.

If a consultant submits an application to the Company and the Company was already aware of this application through another channel, the Company must inform the consultant of this within a maximum of 5 days and must provide proof of this if necessary or requested. The Reward will be due even if the Candidate was a previous contact of the Company who had applied to an Job Offer other than the one for which the Candidate was finally recruited.

In the event that a Candidate is recruited by the Company and that Candidate leaves the Company during the Guarantee Period, the Company undertakes to repost the initial Job Offer on the Site in order to launch a new recruitment. If a new Candidate is recruited, the Company will not have to pay a new Fee. The Replacement Guarantee can only be applied if the Company has duly informed Hunteed and the Consultant of the departure from the Company of the recruited Candidate, by any means available to it on the Site or by email, and before the end date of application of the Guarantee. The Company may not benefit from the Replacement Guarantee until the Company has paid the invoice due to the Company.

It is understood that the Candidate Replacement Guarantee may only be applied once per recruitment, and for a maximum period of 12 months from the date of the republication of the initial Job Offer on the Site. If, at the end of the 12 months, no new candidate has been recruited, the Replacement Guarantee shall no longer apply, and the Company shall not assume any liability whatsoever towards the Company in the event that none of the new candidates presented are recruited during this second search.

Specific provisions for ‘executive interim’ assignments:

The Company undertakes to provide Hunteed electronically with the statement of days worked within the first 3 days following the end of the month concerned.
The Company may interrupt temporary work assignments, subject to compliance with the employee's notice period, and in accordance with the conditions set out in the temporary employee's contract.
If the Company decides to recruit an employee on a temporary contract within a period of 6 months following the start of the temporary assignment, the Company undertakes to pay a recruitment fee of 18% of the gross annual salary of the position to be filled.

6.2 For the consultant

Registration on the Site, referral of Candidates by the Consultant and access to Job Offers by the Consultant are free of charge.

When a Candidate is recruited by a Company, the referring Consultant is entitled to receive the Consultant Feefrom Hunteed under the conditions specified below. Beforehand, the Consultant shall have filled in or updated his/her e-mail address, postal address, bank account details, SIREN and SIRET numbers, tax status or, failing that, its intra-community VAT number, in the spaces provided for this purpose on the Site, or by e-mail to facturation@hunteed.com.

The Consultant must be a professional recruitment consultant and not a Candidate promoting his/her own application and must meet the eligibility requirements set out in the "Definitions" paragraph of these conditions;
The Company has paid to Hunteed the Fee for the Job Offer for which a Candidate proposed by the Consultant has been hired;
The Candidate must not have left the Company before the end of the Guarantee Period, nor have had days of sick leave postponing the Guarantee Period by that amount;
The Candidate has left the Company before the end of the Guarantee Period but a new Candidate proposed by the same Consultant has been recruited by the Company.

It is recalled that if a Candidate recommended by the Consultant is recruited, but leaves the Company (due to his own fault or that of the Company) before the end of the Guarantee Period, the Consultant shall not be entitled to receive the Consultant Fee.

In the context of Candidate follow-up, during the entire Guarantee Period, the Consultant is responsible for ensuring that the hired Candidate is still employed by the Company at the end of the Guarantee Period. For this purpose, the Consultant agrees at the time of uploading his invoice to the Site that he has ensured that the recruited Candidate is still employed by the Company. If it becomes known to Hunteed after the end of the Guarantee Period that the recruited Candidate has left his position before the end of the Guarantee Period and Hunteed has already paid the invoice to the Consultant, it is understood that the Consultant shall be obliged to issue a credit note and to refund the amount unduly received.

The Company undertakes to pay the Consultant's Fee at the end of the month from the date of issue of the invoice. The said invoice shall be issued at the end of the Guarantee Period of the Candidate recruited in the Company. If the invoice for the Consultant's Fee has not been uploaded to the Site by the Consultant before the penultimate day of the month in which the invoice has to be paid by Hunteed, then the Company reserves the right to postpone the payment of the invoice until the end of the following month, provided that the invoice has been uploaded to the Site.

The Consultant is informed that the Fees received shall be declared to the tax authorities.

7. Personal data

HUNTEED is concerned about the protection of personal data and is committed to ensuring the highest level of protection of personal data in accordance with EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and the act no. 78-17 of 6 January 1978 amended (together, the "Regulations").

To find out more about Hunteed's personal data protection policy and the rights you can exercise, click here.

8. Confidentiality - Client Reference

8.1 Confidentiality

Hunteed, the Company and the Consultant undertake in their name and in that of their collaborators to consider as confidential the data transmitted to them, during the execution of the Service and a duration of 5 years following this, and to do not use them outside the intended use of these GCUS. This obligation of confidentiality does not concern information that has fallen into the public domain or whose disclosure has been authorised in writing by the party concerned.

8.2 Right of reference

The Company agrees to appear on Hunteed's list of client references, (company name and corresponding logos) as a commercial reference.

9. Obligation and responsibility of Hunteed

9.1 Hunteed's Obligations

Hunteed is committed to implementing all necessary means to ensure the best Service delivery.

Hunteed is in no way a recruitment agency and does not organise any "real" negotiation between the Company and the Candidates. Hunteed's sole purpose is to connect Companies and Consultants.

In order to preserve the quality of the Website, Hunteed reserves the right to refuse a Company, a Job Offer, a Consultant or a Candidate at their sole discretion.

In the case of non-compliance with the GCUS by a Company or a Consultant, Hunteed may unilaterally and without delay terminate the Company and/ or Consultant's registration, by simple electronic notification, without prejudice to any damages that Hunteed may claim in compensation for the breach.

9.2 Hunteed's responsibility

Hunteed may not be held liable in the case of misuse of the Service by the Company and/ or the Consultant, or the theft or compromise of their login information.

Furthermore, Hunteed may not be held responsible for

the content of the Job Offers;
for the content of the Identification Data and Personal Data;
for the total or partial non-compliance with 'an obligation and/ or failure of the operators of the social networks by which the Registered User has connected his profile on the Website;
of the total or partial non-compliance of an obligation and/ or failure of the operators transport networks to the Internet world and in particular to its access provider(s).

Hunteed's liability may only be incurred in the event of proven fault by the User as a result of a breach of their contractual obligations as defined herein and only in respect of direct damage suffered by the User.

This excludes indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, increase of overhead costs or losses resulting or being the consequence of the execution of these.

In any case, Hunteed shall not see their liability engaged, with regard to the Company, all causes and prejudices combined, beyond the total amount, excluding tax, of the amounts collected by Hunteed in respect of the Service over a period of 12 months preceding the event giving rise to Hunteed's responsibility.

In respect of the Consultant, Hunteed may not be held liable, all causes and damages combined, beyond the total amount of Consulting Fees received by the Consultant over a 12-month period preceding the event giving rise to Hunteed's liability.

10. Company obligations and responsibility

10.1 The Company is responsible for any Job Offer they publish on the Website. They should only show job offers and information that are true, and correspond to a real job offer. It is prohibited from broadcasting defamatory information and in general any content contrary to the purpose of the Website. They undertake to not distribute content or information containing links to sites that are illicit and/or not in accordance with the purpose of the Website.

10.2 The Company is solely responsible for the use of the Service, the content of the Identification Data they provide for it, the information transmitted, disseminated or collected, it's use and updating, as well as all files, particularly address files. Each Company undertakes in particular:

to verify the accuracy of the information transmitted
to refrain from any alteration, reproduction, correction, arrangement, modification or dissemination of the Service;
to verify the compliance of their data with the legislation and the rights of third parties, to obtain all necessary authorisations alone, and to guarantee Hunteed against any recourse by a third party.

10.3 The Company undertakes in particular to respect the rights of third parties, the rights of personality, intellectual property rights such as copyright, rights over patents or trademarks. Consequently, Hunteed may not be held responsible for the content of information transmitted, disseminated or collected, its use and updating, as well as any files, including address files, for any reason whatsoever

10.4 The Company is prohibited from using the Service to make any content available to the public of which it does not hold the rights and which would thus violate provisions relating to the copyright or intellectual property law. Hunteed can only warn the Company of the legal consequences which may result from illegal activities on the Service, and release any responsibility for the use of data made available to the public by the Company. The Company is prohibited from any use of the Service for illicit or illegal purposes such as: spamming, intrusion or attempted intrusion from the Service (non exhaustively: port scanning, sniffing or spoofing ...). In such cases, Hunteed reserves the right to terminate the contract immediately and by right, without prejudice to the right to compensation for direct or indirect damages suffered by Hunteed.

10.5 The Company refrains from hiring for a job offer by directly contacting a Candidate or a Consultant without having previously updated their status on the platform.

10.6 The Company shall be solely liable for the consequences of the Service not functioning as a result of any use by members of its staff or by any person to whom the Company has provided its password(s). Similarly, the Company alone shall bear the consequences of the loss of the aforementioned password(s).

10.7 The Company undertakes to comply with the regulations applicable to the protection of personal data, and in particular the General Data Protection Regulation (or ‘GDPR’). In particular, it undertakes to process the personal data that it may receive as part of its registration on the HUNTEED platform in compliance with the applicable regulations, in particular Candidate data that may be sent to it as part of a Job Offer by Consultants. It undertakes not to use said data for any purpose other than contacting the Candidate or conducting interviews or recruitment in connection with an Ad placed on the Platform, and undertakes to obtain the Candidates' consent to the use of their personal data for any other purpose.

11. Obligations and responsibilities of the consultant

11.1 The Consultant undertakes to recommend Candidates who appear to correspond to the Job offers posted by the Companies. He undertakes to only present Candidates from whom he has received their express agreement to apply. They refrain from "spamming" the Companies with Candidates who are too removed from the job offer in terms of experience and skill.

11.2 The Consultant undertakes to follow the candidate qualification and monitoring process described below:

The Consultant undertakes to recommend only Candidates whose profile and skills correspond to the Job Offers published by the Companies. The Consultant undertakes to present only qualified Candidates with whom it has conducted a prior physical or videoconference interview and from whom it has received their express agreement to apply. A single telephone interview cannot be considered as a sufficient means of recommendation. The Consultant shall refrain from "spamming" the Companies with Candidates who are too far removed from the Job Offer in terms of experience and skills and who do not correspond to the essential points set out in the Job Offer.

All applications sent to the platform for a given assignment must be checked for the required skills of the applicant (language level, professional experience, validated diplomas, etc.).

The Consultant shall be entitled to invoice his assignment at the end of the candidate's guarantee period. It must therefore first ensure that the candidate is still in post at the end of the guarantee period. The Consultant shall also ensure that the candidate has not had any days of sick leave postponing the end of the Guarantee Period.

If the Consultant has submitted the invoice on the platform and the candidate is no longer employed at the end of the guarantee period, no remuneration shall be due from Hunteed and the Consultant shall be obliged to issue a credit note and refund the sums received if applicable. In the event that the Consultant is unable to contact the candidate to ensure that he is still employed at the end of the guarantee period, the Consultant shall inform Hunteed electronically and/or directly on the platform so that Hunteed can obtain the information from the client. The Consultant will not be able to invoice until it has received confirmation that the candidate is still in post.

For "executive interim" assignments: the Consultants undertake to monitor assignments of this type on a monthly basis. In particular, the interim recruitment fees are invoiced monthly and depend on the number of days worked. The amount of the Consultant Fee indicated on the Temporary Vacancy Ad published on the platform for information purposes, is calculated according to the coefficient and gross salary of the candidate on a monthly basis. In the case of the recruitment of a temporary worker, the Consultant Fee is readjusted each month according to the number of days actually worked and declared by the Company.

Hunteed undertakes to provide the Consultant with the statement of days worked in the month, so that the Consultant can issue his invoice for the amount communicated to him by Hunteed.

11.3 The Consultant undertakes to explain objectively the reasons for which it recommends a Candidate, using the fields and forms made available on the platform. In so doing, he shall refrain from disseminating information of a defamatory or discriminatory nature or, in general, any content contrary to the purpose of the Site.

11.4 The Consultant shall not - directly or through an intermediary - recommend a candidate for an Job Offer by contacting the Company directly without using the Services provided by Hunteed.

11.5 The Consultant shall not post on the APEC platform in its own name a replicated Job Offer of an assignment published on Hunteed. Only Hunteed is authorized to disseminate the Job Offers of its clients on APEC.

11.6 The Consultant is solely responsible for the use of the Service, the content of the Customer Data that they provide for it, the information transmitted, disseminated or collected, including Candidate data, it's use and updating, as well as any files, particularly address files. Each Consultant undertakes in particular:

to verify the accuracy of the information transmitted;
to refrain from any alteration, reproduction, correction, arrangement, modification or dissemination of the Service;
to verify the compliance of its data with the legislation and the rights of third parties, including the rights of the Candidates, to obtain all necessary authorisations on their own esteem, in particular they undertake to obtain express authorisation from the Candidate to send their application information, and guarantees Hunteed against any recourse from a third party
to inform the Candidates in writing of the rights they have under the regulations on the protection of personal data and to grant any request for the right of access, modification, deletion or other right derived from the said regulation, including any modification or deletion of the Candidate's personal data on the platform.

11.7 The Consultant undertakes in particular to respect the rights of third parties, personality rights, intellectual property rights such as copyrights, patent or trademark rights, and the regulation on the protection of personal data. Consequently, Hunteed may not be held responsible for the content of information transmitted, disseminated or collected, it's use and updating, as well as any files, particularly address files, for any reason whatsoever

11.8 The Consultant is prohibited from using the Service to make available to the public any content of which he does not hold the rights and which thus violates provisions relating to the copyright or intellectual property law. Hunteed can only warn the Consultant about the legal consequences which may result from illegal activities on the Service, and release any joint liability for the use of the data made available to the public by the Consultant. The Consultant is prohibited from any use of the Service for illicit or illegal purposes such as: spamming, intrusion or attempted intrusion from the Service (non exhaustively: port scanning, sniffing or spoofing...). In these cases,Hunteed reserves the right to immediately and automatically terminate the contract, without prejudice to the right to compensation for direct or indirect damages suffered by Hunteed.

11.19 The Consultant declares that it is insured for professional liability and that the terms of its insurance allow it to use the Service.

11.10 The Consultant shall be solely responsible for the consequences of any malfunction of the Service resulting from any use by members of his staff or by any person to whom the Consultant has provided his password(s). Similarly, the Consultant alone shall bear the consequences of the loss of the aforementioned password(s).

11.11 The Consultant undertakes to comply with the applicable regulations regarding the protection of personal data, and in particular the RGPD. In particular, it undertakes to transmit to the Companies and/or to HUNTEED only the personal data of Candidates who have consented to said transfer, and to process said data in accordance with the applicable regulations.

11.12 The Consultant undertakes not to use the Hunteed platform as a source of prospecting for new clients through messaging or any other means at his disposal. Direct contact with the client is reserved for matters specific to candidates in the process on the platform and to the assignment published.

11.13. The Consultant accepts that his contact details are communicated by Hunteed to his own candidates when they are presented to the clients on the platform (mention of contact details on the confirmation email sent by Hunteed to the candidates). The Consultant must have a valid telephone number and must be reachable by telephone for any possible communication with the client, the candidate and Hunteed.

11.14. Hunteed reserves the right to restrict, suspend or terminate the Consultant's account and access to the Services if the Consultant does not comply with the obligations set forth in this article or by law or if the use of the Services is abusive (e.g. if the Consultant directly canvasses Hunteed's clients, in case of disrespectful message to Hunteed's clients on the platform, in case of publication of offers on job boards without anonymization of the client, in case of publication of the remuneration and no rewriting of the Job Offer...), without prejudice to Hunteed's right to suspend or reduce the remuneration of the Consultant and other rights of Hunteed in case of non-performance by the Consultant of his obligations in accordance with article 1217 of the Hunteed General Terms and Conditions.), without prejudice to Hunteed's right to suspend or reduce the Consultant's remuneration and Hunteed's other rights in the event of non-performance by the Consultant of its obligations, in accordance with Article 1217 of the Civil Code.

12.Warning on the use of the Service

The User undertakes to use the Service offered by the Company, and any information relating thereto, solely for his/her own needs and for the purposes set out in the GCUS.

Users are hereby informed that the Company does not examine the content they publish, nor the information, data, texts, photographs, images and any other information produced or published on the Site by Users (hereinafter collectively referred to as the "Content"), prior to its publication on the Site.

The User undertakes not to communicate Content that is contrary to public decency or that is unauthorised by virtue of legislative, regulatory or contractual provisions, or that infringes the rights of third parties.

Consequently, the Company does not guarantee the timeliness, reliability, integrity, quality or completeness of this Content, which is the sole responsibility of the account holder identified as having published the Content, in particular under a Job Offer.

The User acknowledges that he/she must exercise good judgement and bear all risks associated with the publication, consultation and dissemination of Job Offers.

That being said, the User is informed that the Company is bound by certain obligations by virtue of the regulations under which, in particular, the Company reserves the right to :

Remove or block access to any Content that violates these GCUS or is reprehensible or contravenes applicable regulations (hereinafter "Illegal Content");
Suspend in whole or in part, or remove access to the Site Service, of the User account responsible for the said illicit Content, either temporarily or permanently;
To disclose, where the Company is obliged to do so, any information required by the competent authorities concerning illicit Content, in particular any offence characterised by the use of the Service, and to provide the latter with any useful information to enable them to carry out enquiries or investigations.

13. Notification by the User of illicit Content

If, when using the Service, the User identifies illicit Content on the Site, the User may notify the Company of the presence of specific elements characterising said illicit Content on the Site.

To this end, the User shall notify the Company by e-mail at the following address of the Illegal Content including the following substantiated and precise information:

a sufficiently substantiated explanation of why the User alleges that the information in question constitutes Illegal Content;
a clear indication of the exact electronic location of this information, such as the exact URL(s), and, where appropriate, useful additional information;
the name and e-mail address of the User submitting the notification;
a declaration attesting to the good faith of the User and the accuracy of the information and allegations communicated.

The Company will send the User as soon as possible :

(i) an acknowledgement of receipt of the notification ;

(ii) the decision taken following such notification, together with information on how to appeal against that decision.

14. Termination

14.1 Termination on the initiative of the Registered User

The Registered User may terminate the Service at any time, without notice or justification, by simple mail or email.

14.2 Termination on the Hunteed's initiative

In the case of non-compliance with the GCUS by a Company or a Consultant, Hunteed may terminate the registration of any Company and/ or Consultant unilaterally and without delay, by simple electronic notification, without prejudice to any damages that Hunteed could claim in repair of the breach.

In addition to the cases for termination mentioned above, Hunteed reserves the right to discontinue the Service of a Registered User, if they constitute a danger to the maintenance of the security of the Hunteed's hosting platform, particularly in the case of hacking of the Registered User Service, the detection of a flaw in the security of the system.

For security and protection reasons data, Hunteed deactivates the accounts of Inactive Registered Users for a period equal to or greater than 24 months and for which no credit or debit is included in the Registered User's account.

15. Intellectual property

In order to allow Hunteed the opportunity to provide the Service, the Customer agrees to grant to Hunteed on a non-exclusive basis, free of charge and worldwide, all the intellectual property rights relating to the elements used for the writing of Job Offers (the "Elements"). These rights are granted for the duration of the Service between Hunteed and the Client. These rights include the right to reproduce, represent, broadcast, adapt, modify, translate and communicate to the public all or part of the Job Offer by any means and on all formats and all digital and printed media (Internet, email, SMS, MMS...).

All the content of the websites and computer programs, software, products, graphic interface elements or other elements associated with the Service provided by Hunteed, the Hunteed brand, the logo, the graphics, the images, animations, video and text contained on the Website (with the exception of the Client's Elements), are the property of Hunteed and may not be reproduced, used or represented, in any form or by any means without the express authorisation of Hunteed.

Access to the Service is granted under a free license. The Licenses granted by the CGVU do not give any right to the content of the websites' computer programs, software, and products associated with the Service provided by Hunteed, nor the associated logos and other names, logos, icons and brands identifying the products and services of Hunteed that are not to be used without the prior written permission of Hunteed.

16. Cookies

Hunteed aims to provide you with the best possible service. To achieve this, we may use cookies to improve your experience. For more information on cookies, you can view our Cookie Policy at any time.

17. Miscellaneous

If one or more stipulations of the CGVU are found to be invalid or declared as such under a law, regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their force and their scope.

18. Force majeure

Hunteed may not be held responsible for the non-fulfilment of their obligations under the GCUS, if this non-performance is due to force majeure.

The obligations thus suspended will be executed again as soon as the effects of the causes of non-performance will have ended, within a time frame that will depend on the availability at the time.

19. Evidence

The computerised registers, kept within the computer systems of Hunteed and their service providers under reasonable security conditions, will be considered as proof of communication and payments between the parties. Accordingly, except in the case of a serious and manifest error by Hunteed and proven by the Company and/ or the Consultant, the latter may not contest the admissibility, validity or probative value of the information in electronic format or Hunteed's computer systems, on the basis of any legal provision whatsoever and which specifies that certain documents must be written or signed to be constituted evidence.

20. Applicable law

The GCUS are governed and interpreted in accordance with French law.

In the case of difficulties of interpretation or execution of the GCUS, the Company and/or the Consultant and Hunteed shall try to settle their dispute amicably within thirty (30) calendar days from the date on which one of the parties will have notified the other of the difficulty, by registered letter with acknowledgement of receipt.

At the end of this period, in the event of persistent disagreement, the dispute shall be brought:

before the Commercial Court of Nanterre, for any dispute with a Company, or a Consultant with merchant status in accordance with the legal provisions,
and before the competent French court in other cases.

1. Definitions

2. Purpose