General Conditions of Use and Sale (GCUS)

Last updated on 15.01.2019

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 athunteed.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 219,823 Euro, whose head office is located at 20 bis, rue Louis Philippe - 92200 Neuilly-sur-Seine and registered with the Trade and Companies Register of Nanterre under number 804 958 825.

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 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.

"Consultant"means any natural or legal person, registered on the Website, wishing to recommend and present Candidates to Companies who have posted a Job Offer on the Website.

"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.

"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 warranty period applied by default is 30 calendar days.

"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 the Company 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.

"Company or Hunteed"means the simplified joint stock company Hunteed, a company with a capital of 219,823 Euro, 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.

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.

4.2 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 the Company without delay.

For data security and protection reasons, the Company 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 Company'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, the Company's network and the physical protection of the Company'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 the Company 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 the Company and the Client who accepts them without reservation. 0>
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

The Company 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 effect at the time of the ad.

When the Company posts a Job Offer, the value of the fee is calculated automatically by the platform. The Fee is payable on the day of reciprocal acceptance by the Company and the Candidate to conclude a Work Contract, regardless of the future of the Candidate in the Company. The Company undertakes to inform the Website of the success of the job by any means at their disposal and in particular from the dashboard, indicating the name of the Candidate recruited.

The Company then issues the Company an invoice of the total amount of the Fee, plus VAT, payable upon receipt.

In the case of late payment and transfer of the sums due by the Client beyond the above deadline, and after the date of payment appearing on the invoice sent to them, an interest rate of 12% per month of delay will automatically be applicable, without any formalities or prior notice and will require the immediate payment of all amounts owed to Hunteed by the Client, without prejudice to any other action that Hunteed would be entitled to bring, as such, against the Client. In addition, the Client will automatically be liable for a minimum lump sum for recovery costs, in addition to the late payment penalties, set at € 40, without prejudice to Hunteed requesting the reimbursement of additional costs when the costs actually incurred are greater than the amount of this lump sum indemnity, on justification.

If the Company recruits or collaborates with an Candidate within twelve (12) months following the date of the last interview with the Company, the Fee will be fully due to Hunteed.

In the event that a Candidate is recruited by the Company and this Candidate leaves the Company during the Guarantee Period, the Company undertakes to re-broadcast the Initial Job Offer on the Website to launch a new recruitment process. If a new Candidate is recruited, the Company will have no new Fee to pay.

6.2 For the consultant

Registration on the Website, the recommendation of Candidates by the Consultant and the access to the Job Offers by the Consultant are free.

When a Candidate is recruited by a Company, the Consultant who has presented them can claim the payment of the Consultant Fee from Hunteed, under the conditions specified below. Beforehand, the Consultant must (i) have filled in or updated his email, postal and bank details (RIB), and SIREN and SIRET numbers, his tax status or, failing this, his intra-Community VAT number, in the spaces provided for this purpose on the Website, or electronically to the address invoice@hunteed.com and (ii) have authorised Hunteed to issue an invoice in his name and on for his account, the amount of which does not exceed the amount of the Consultant Fee. Hunteed reserves the right to request an invoice from the Consultant.

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 the Company'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

10.1The 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.

10.2The 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.

10.3The 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

10.4The 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, the Company 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 the Company.

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.

10.6The Company alone shall bear the consequences of the defective operation of the Service following any use, by the members of their staff, or by any person to whom the Company has provided his password(s). Likewise, the Company alone bears the consequences of the loss of the password(s) mentioned above.

11. Obligations and responsibilities of the consultant

11.1The 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.

11.2The Consultant undertakes to objectively explain the reasons for recommending a Candidate, using the fields and forms available to them. On this occasion, it is prohibited to disseminate information of a defamatory, discriminatory nature and in general any content contrary to the purpose of the Website.

10.3The Consultant is forbidden to recommend a candidate for a job offer by contacting the Company directly without going through the Services provided by the Company.

11.4The 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.
11.5The 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

11.6The 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. The Company 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, the Company reserves the right to immediately and automatically terminate the contract, without prejudice to the right to compensation for direct or indirect damages suffered by the Company.

11.7The Consultant declares to be insured under his professional liability and that the conditions of his insurance allow him to use the Service.

11.8The Consultant alone shall bear the consequences of the malfunction of the Service following any use, by the members of his staff, or by any person to whom the Consultant has provided his password(s). Likewise, the Consultant alone bears the consequences of the loss of the password(s) mentioned above.

12. Termination

12.1 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.

12.2 Termination on the Company'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, the Company reserves the right to discontinue the Service of a Registered User, if they constitute a danger to the maintenance of the security of the Company'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, the Company 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.

13. Intellectual property

In order to allow the Company the opportunity to provide the Service, the Customer agrees to grant to the Company 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 advertisement 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 the Company.

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 the Company.

14. Cookies

Some technical information may be collected whilst the User browse's the Website, such as the browser version (Chrome, Firefox, Safari, Opera, Internet Explorer, etc.), the browser language, the type of operating system used (Linux, Windows 98, Mac OS, etc.) and the Internet Protocol (IP) address of the computer used, in order to adapt the presentation and ergonomics of the Website to the technical specifications of the user's terminal

The Website issues cookies that Hunteed may save on the hard drive of the User's terminal through the User's Internet browser when using the Website, subject to his consent or opposition on his part

Only the issuer of a cookie may read or modify information contained therein. Hunteed uses cookies, intended to store information identifying the Users during the use of the Website to facilitate the browsing experience of the latter, subject to the choices that the User has expressed regarding cookies and which he may change at any time. In particular, the User has the option to oppose the registration of these cookies by modifying the options of his online browsing software, as indicated on the webpage of the Commission Nationale de l’Informatique et des Libertés: www.cnil.fr.

15. 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.

16. Force majeure

The Company 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.

17. 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 the Company 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 the Company'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.

18. 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.