General conditions of use of the Website and Referencing of the Providers
Preamble – Opposability
International Mission is a trademark of KASSAR INTERNATIONAL (hereinafter “International Mission”), a limited liability company registered in the Trade and Companies Register of Toulouse under the number 493 275 291, whose head office is located at 8 ESP COMPANS CAFFARELLI – 31000 TOULOUSE, publishes a solution for putting in contact between customers (company managers) and service providers (international experts), accessible from the website www.experts.mission-internationale.com and www.international-mission.com for the realization of international services
IMPORTANT: THE USE OF THE SITE OR ANY FUNCTIONALITY OF IT IMPLIES THE EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND PROVISION OF SERVICES BY THE CUSTOMER. IN CHECKING THE BOX: “I READ AND I AGREE TO THE GENERAL TERMS”, THE CUSTOMER ACKNOWLEDGES TO HAVE KNOWLEDGE AND ACCEPTS ALL OF THESE TERMS AND CONDITIONS.
These general conditions of use and services (hereinafter “the General Conditions”) may be modified at any time; the modified version will be applicable to the Service Providers for all requests for Quotation or ordering subsequent to this version.
Article 1: Definitions
In the Terms and Conditions, capitalized words or phrases will have the following meanings: “Customer” means any natural or legal person who uses the Service to obtain services from the Providers.
“User Account” means the account created by the Provider at the first login.
“Provider” means any natural or legal person specialized in the sale of services of international mandates or projects and acting as such for professional purposes, referenced on the Site having subscribed to the Service in order to offer Services to Customers.
“Benefit (s)” means (s) the services offered by the Provider to the Customer via the Site.
“Service” means all the functionalities of the Site proposed by Mission International allowing the relationship between the Providers and the Providers with a view to the establishment of an order for Services by the Customer.
“Site” means the infrastructure designed, developed and operated by Mission International whose URL address is www.experts.mission-international.com and www.international-mission.com
Article 2: Purpose
The purpose of the Contract is to define:
– the terms and conditions under which the Providers access, browse and use the Site;
– the terms and conditions under which the Service Providers may offer Services via the Website.
Article 3: Description of the Service – Nature of Relationships between the Parties
3.1: The Service is an immaterial service performed exclusively by digital means. The role of International Mission is strictly limited to the provision of the Site which allows to connect the Providers and the Customers, and the latter to subscribe Services directly from the Providers. orders and send messages online through a messaging system.
International Mission does not perform any international services. Transactions made via the Service are concluded directly between the Service Provider and the Customer. The Provider freely sets his rates. The Service is invoiced by the Service Provider via the Site acting in his name and on behalf of International Mission as a commission agent.
3.2: The Provider acts independently. He is free to choose his methods, deadlines for completion, the price offered to the Service Providers and the schedule by which he performs the Services. Neither party has the power to act as an employee of the other, or any other status, and has the right, express or implied, to bind the other in any manner whatsoever. Each party will bear the cost of the expenses and expenses related to the tasks and responsibilities incumbent upon it. Each of the parties will be personally responsible for any taxes, contributions, fees, fees owed to them as an independent trader, so that the other party will never be sought as such. The Service Provider declares to be informed of the specificities of the realization of services for the benefit of the Providers Consumers.
Article 4: Conditions of access to the Service -Registration
4.1: Providers who wish to offer Services via the Website must comply on a continuous basis with the following conditions:
– be registered in the commercial and corporate register of the place of their registered office or any equivalent register in the name of an international service activity;
– via an international umbrella service.
The Service Provider undertakes to respect and maintain in force all of these conditions for the duration of the use of the Site and the Services.
4.2: Providers meeting the conditions set out in article 4.1 above may register on the Site by creating a User Account (registration is required to receive the Service).
4.3: Registration on the Site is free, except for connection fees that are the sole responsibility of the Provider. Registration implies the full, entire and unreserved acceptance of these Terms and Conditions. The Service Provider is responsible for the IT and telecommunications resources allowing access to the Site.
4.4: To create a User Account:
– the Service Provider must first go to the Site and click on the “Register” tab;
– the Service Provider must register, by creating a User Account on the Site. For this, he must complete the mandatory fields of his profile and identified as such.
The form may change over time to take into account any changes in the profile of the Provider. The Service Provider guarantees that the data communicated is authentic, accurate, complete, up-to-date and in line with reality. International Mission reserves the right to suspend or terminate the Provider’s Account in the event that it provides incorrect data.
4.5: Moreover, when registering, the Service Provider chooses a unique and personal email and password allowing him to access the Site. The email and password are personal and confidential. They can only be used by the Provider. The use of the email and password is under his full responsibility and he agrees not to assign or communicate to any third party. The password can be changed via the Site. In case of forgetfulness of his password, the Service Provider may click on the link “Username or password forgotten” by indicating the email address to which he wishes to receive a new temporary password.
The Service Provider undertakes to use exclusively his active email and password. Any attempt to access passwords that are different from the active ones is considered a computer attack under applicable laws.
4.6: Once the registration form duly completed, the registration is validated by the services of International Mission and the Provider is informed by an email confirmation of his registration. Providers are informed that the information relating to their professional profile will be accessible to all Providers and may appear as such in search engines.
4.7: The registration is carried out for an indefinite period and can be terminated by each party in accordance with the conditions set out in article 11 below.
Article 5: Use of the Service 5.1: Referencing – Request for the establishment of a Service by a Client
Once the User Account has been created and validated, the Site allows to reference the Provider among a list of experts.
The Site generates for the Client a list of the Service Providers, selected on the basis of an algorithmic calculation which favors the best match between the Provider’s profile and the Client’s request according to the characteristics entered by the latter in the search filters. This list is only a suggestion. The Client chooses only the Service Provider (s) to which he / she wishes to request a Service.
5.2: Acceptance of the Order – Realization of the Service – Obligations of the Provider
5.2.1: The Site allows the Customer, if he wishes, to place an order with the Service Provider. Once the Order has been made and the payment made via the Stripe platform, the Service Provider receives a notification in his mail via his User Account confirming that a Service is requested.
5.2.2: The Service Provider is free to use all the means and methods necessary for the execution of the international service. The Service Provider may request clarification from the Customer using the messaging service offered by the Site.
5.2.3: The Provider is responsible for the level and quality of the Service
5.2.4: In the context of the performance of the Service and the use of the Service and the Site, the Service Provider undertakes to:
– respect the delivery period indicated to the Customer;
– do not contravene the provisions referred to in the article “Liability” below.
Article 6: Price of Services and Payment
The prices of the Services are fixed individually by the Providers on the basis of the requests of the Customers.
A commission of 10% for International Mission is automatically integrated in the prices of the Services fixed by the Providers is applicable to each transaction made via the Site. The price is mentioned all taxes included. The Service Provider is responsible for the applicable taxes under the regulations applicable to it.
6.2: Terms and conditions of payment
The Service is paid via the Website by the Client in his name and on behalf of the Provider, including the International Mission Commission.
To facilitate the payment of Services, International Mission has subscribed to the services of the company Stripe, as regards the payment system. During the validation of the order, the Customer declares to accept the general conditions of Stripe. The Customer account is debited with the amount of the Service and Services at the time of the Order.
Article 7: Confidentiality
The Service Provider undertakes to respect the confidentiality of the Services provided on the Site and not to disclose their content.
The Provider is solely responsible for any disclosure of the content of the Project or the Service to third parties.
A level of confidentiality of the content of the Project may be imposed by the Customer, who may in particular send the Provider a specific confidentiality agreement to be signed prior to the performance of the Service.
In any case, International Mission can not be held responsible in case of disclosure of the content of the Project by the Service Provider or any third party.
Article 8: Recommendations and Evaluation
8.1 Recommendation by the Site
The Site selects the Service Provider (s) on the basis of an algorithmic calculation that favors the best match between the Provider’s profile and the Customer’s need.
The multitude of parameters involved in the algorithmic calculation leads to a variation in the score given to the same provider from one request to another.
This mechanism therefore gives the opportunity to any registered Provider to be identified according to requests.
The list of the Service Provider (s) selected by the Site is only a suggestion and International Mission remains foreign to the choice of the Provider by the Customer.
8.2 Evaluation by the Providers
Once the Service has been performed, the Client is invited to evaluate the Service Provider.
This evaluation is accompanied by a comment that will be published on the Provider’s page and remains visible on its page for an indefinite period.
The evaluations provide indications as to the quality of the service performed and the final satisfaction of the client.
The evaluations contribute to the qualification of the Provider and his recommendation by the site.
International Mission does not control the evaluations published by the Providers which can not be modified or removed from the Provider’s profile in the case of a report motivated by a Provider to the following address: firstname.lastname@example.org. International Mission can in no way be held responsible for the content of the ratings and evaluations written by the Providers.
Article 9. Duration – Termination of access to the Service
9.1: Registration is for an indefinite period and without having to pay entrance fee
9.2: The Provider has the opportunity to terminate, without cause, at any time his registration.To terminate his account, the Service Provider may send an e-mail to: email@example.com
9.3: International Mission may terminate and / or suspend the Provider’s account, at any time, by right and without prior notice, by any means, without compensation or notice, and without prejudice to the exercise by International Mission of all remedies or remedies that it deems appropriate against the Service Provider:
– if he is bound by a law or regulation;
– in the event of claims or complaints by Providers against the Provider for any reason whatsoever;
– in the case of acts contravening the provisions of the Code of Intellectual Property;
– more generally in the event of non-compliance with any of the terms of the General Terms and Conditions or any improper use of the Site to a legal or regulatory provision.
9.4: If the information mentioned in the Provider’s profile proves inaccurate, International Mission reserves the right to delete its profile, in the absence of a satisfactory answer within eight (8) days of sending a request for rectification.
9.5: In the event of deletion or suspension of the Account for any reason whatsoever, access to the Provider’s Account will be deactivated without prejudice to the Customers who have paid for the Services to continue to use them after deletion of the Provider’s account.
Article 10: Liability
10.1: Liability in connection with the use of the Site
10.1.1: The use of the Site and the subscription of the Services is at the risk and under the responsibility of the Service Provider. The Provider is solely responsible for the data and the content that it publishes on its profile and on the Site. It engages in this framework to:
– not to commit any action or adopt any behavior that would be likely to damage the image or reputation of International Mission;
– not to write, spread message (s) or information (s) whatever their form or nature would be:
* contrary to public order and morality;
* contrary to respect for private life;
* insulting, defamatory, racist, xenophobic, revisionist or violating the honor or reputation of others, inciting discrimination, hatred;
* pornographic or pedophile;
* constituting a false news;
* threatening to a person or a group of people; Or,
* inciting to commit a crime, offense or act of terrorism or advocating war crimes or crimes against humanity;
* inciting discrimination or hatred against a person or group of persons because of their origin or belonging to or belonging to a particular ethnic group, nation, race or religion;
* encouraging suicide;
* violating the law on the secrecy of correspondence, or, in general, contrary to a regulation in force or a law in force;
* allowing third parties to obtain pirated software, serial numbers of software allowing hacking and intrusion into computer and telecommunications systems, viruses and, in general, any software or other tool allowing undermine the rights of others and the safety of persons and property.
10.1.2: International Mission is an Internet service provider providing International Providers with the means to refer to the Site. International Mission acts solely as a content host and is therefore not bound by any general obligation to monitor the content transmitted or stored via the Site by Customers and Service Providers. International Mission does not monitor and therefore does not censor the content a priori.
International Mission can not be held responsible for the content transmitted, stored and published via the Site, nor be held liable for any damages, because of the consequences related to said content, errors or omissions of the Provider on the Site.
10.1.3: The Company can not be held liable in case of impossibility of access to the Site and / or the use of services, due to internal malfunctions of the Provider’s Internet Service Provider, the congestion of the internet network and for any other reason whatsoever. The Service Provider acknowledges and accepts that International Mission is not responsible for interruptions of access to the Site and the Service, and the consequences that may result for the Service Provider or any third party.
International Mission may temporarily interrupt access to the Site or part of the Services, for reasons of computer maintenance. In this case, International Mission undertakes, as far as possible, to inform the Service Providers of the maintenance operations. Mission International will send an e-mail about the providers’ e-mail.
The interruption of the Service may not give rise to any compensation from International Mission.
10.2: Liability for Execution of Use of the Service
10.2.1: The Site offers the Providers project management tools free of charge (Tutorials and messaging). The use of these tools by the Service Provider does not engage the responsibility of International Mission, to which it remains foreign.
10.2.2: International Mission provides Providers with a connection service. As such, International Mission does not intervene in any way under the conditions of subscription of the service contract between the Customer and the Service Provider. The Services are provided by the Providers under their sole responsibility. In this context, International Mission declines all responsibility for any direct or indirect damage caused to the Service Provider, the Customer, third parties or goods arising during a translation.
Therefore, Mission International can not be held responsible, in particular:
– the cancellation of a Service by a Client;
– the behavior of a Customer.
Any claim relating to the final result of the Service that would be brought to the attention of International Mission will be forwarded to the Service Provider concerned, who will assume full and sole responsibility for it.
10.2.3: THE RESPONSIBILITY OF INTERNATIONAL MISSION SHALL IN NO CASE BE RESEARCHED, IN ANY WAY, FOR ANY DAMAGE OR DIRECT OR INDIRECT DAMAGE SUFFERED OR INCURRED BY THE SERVICE PROVIDERS DUE TO THE USE OR IMPOSSIBILITY OF USE OF THE SITE AND / OR SERVICES, VIRUSES, SUCH AS, BUT NOT LIMITED TO, LIMITATION, LOSS OF INFORMATION, LOSS OF DATA (SUCH AS PROFILES, MESSAGES, ANNOUNCEMENTS, ETC.)
It is expressly reminded that it is up to the Providers to save all of these contents on a durable medium.
10.2.4: International Mission gives the Service Provider no guarantee as to the impact that the listing may have on the Service Provider’s activity
Article 11: Intellectual Property
International Mission holds all the intellectual property rights relating to the Service, including the “International Mission ” mark, as well as the domain names mission-internationale.com and experts.mission-internationale.com and / or any other element intellectual property used by the Service.
“International Mission” is a protected trademark registered with the INPI.
More generally, any reproduction, distribution, representation or total or partial adaptation, modification or use of the trademark, the Website and other intellectual property rights attached to the Service, for any reason and on any medium whatsoever, without express agreement and prior to International Mission is strictly prohibited as well as their alteration.
The Site is the exclusive property of the Company, which holds all the rights pertaining thereto. These conditions can not lead to an assignment of intellectual property rights to the Providers.
Article 12: Protection of personal data
Mission International is required to collect personal information (such as first name, last name, address, date of birth …) concerning the Service Providers using the Site and the Service. This information is required to access the Service and certain features of the Site and the processing and management of the Services and the order that follows. Failing to provide this information, the Customer will not be able to benefit from the Service.
The controller is International Mission .
These data may only be disclosed to third parties to meet legal and regulatory requirements. This information is confidential; they will be retained for a period of three (3) years from the collection of said information (subject to the data necessary to meet a legal or regulatory obligation that may be retained for the time necessary to fulfill the obligation in question ).
The following guarantees have been taken to ensure a sufficient level of protection of personal data: In accordance with Article 38 et seq. Of the Data Protection Act of 6 January 1978, as amended by European Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, the Service Provider has the right to access, rectification and deletion and limitation of the processing of its data free of charge and a right of objection to the processing of personal data.
The Provider also has:
– the right to the portability of his data, that is to say to receive the personal data concerning him and that he has provided to Mission International, in a structured format commonly used and readable by machine. The Service Provider will thus be able to store or transmit them easily from one information system to another, with a view to their reuse for personal purposes;
– the right to withdraw consent at any time (in this case, the lawfulness of the treatment carried out prior to withdrawal will not be called into question);
– the right to lodge a complaint with the competent supervisory authority (in France, the CNIL) if it considers that the processing of its personal data does not comply with European rules;
– the right to define directives concerning the fate of his personal data after his death.
If the Service Provider wishes to exercise one of these rights and / or obtain information concerning him / her, he / she must contact Mission International 8 ESP COMPANS CAFFARELLI – 31000 TOULOUSE, or send an e-mail indicating his name (s) , first name (s), contact details at the following address: firstname.lastname@example.org.
Moreover, the Service Provider is informed and expressly agrees that the selection of Providers referred to in Article 10 above results exclusively from an automated processing aimed at evaluating certain personal aspects, in particular by analyzing and predicting elements concerning areas of activity and competence, specialties, language pairs, availability and processing capacity – and enabling the implementation of the Service, in particular by optimizing the relationship between Providers and Clients.
As such, the International Mission has put in place the appropriate measures guaranteeing the safeguarding of the rights and freedoms as well as the legitimate interests of the Contractor, who retains the right to obtain human intervention from International Mission, to express his point of view. and challenge the scoring / selection.
Article 13: Applicable law and competent courts
The interpretation, validity, performance and termination of the Agreement and relations between the parties are subject to French law, subject to the contrary mandatory provision.
ANY DISPUTE IN CONNECTION WITH THE USE OF THE SITE AND THE SERVICES BY A SERVICE PROVIDER WILL BE SUBMITTED TO THE COURTS OF THE MISSION INTERNATIONAL HEADQUARTERS.