Terms and conditions of use and sale – customers
Preamble – Opposability
International Mission is a trademark of KASSAR INTERNATIONAL (hereinafter “International Mission”), a company registered in the trade and companies register of Toulouse under n ° 493 275 291, RCS Toulouse, whose head office is located 8 ESP COMPANS CAFFARELLI – 31000 TOULOUSE, publishes a solution for connecting 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 Customers 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 Providers.
- “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 International Mission 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 International Mission 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 Providers, and the latter to subscribe Services directly from the Providers. It allows the Provider to access tools that allow him to present his professional profile, receive 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
4.1 Any Customer may perform an online search on the Site without having previously created a User Account. However, it is only after validation of his registration that the Customer can benefit from Services.
4.2 To register and benefit from the services offered via the Site, the Customer must have the capacity to conclude the Contract, that is to say to have legal majority or if it is the subject of a protection measure or legal incapacity, to be assisted or represented by the person authorized for this purpose (tutor for example).
4.3 Registration on the Site is free, only the order of a Service via the Site is paid. The Customer is responsible for the IT and telecommunications resources allowing access to the Site. Telecommunication charges for internet access and use of the Site are the responsibility of the Clients.
4.4 To access the Service, the Customer must: – create a User Account; – accept the General Conditions;
The Client guarantees that the data he communicates are accurate and in conformity with reality. International Mission has the option of suspending or closing the Client’s Account in the event that the data provided is manifestly incorrect.
4.5 Moreover, when registering the Customer 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 Customer.
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 “lost password” link and then “Reset the password” by indicating the email address to which he wishes to receive a new temporary password. The Customer 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 has been completed, a confirmation email will be automatically sent to the Client to validate his registration. After confirmation by the Customer, the registration is validated and the Client is informed by a confirmation email specifying the rest of the journey to complete his profile.
4.7 The registration is carried out for an indefinite period and may be terminated by each party in accordance with the conditions set out in Article 11 below.
4.8 Any order related to an incomplete form or containing erroneous and / or fanciful information may be refused or suspended without compensation or notice by International Mission.
Article 5: Use of the Service
5.1. Request for establishment of a service by the client
To obtain a Service, the Client must proceed with the following steps:
– create a User Account;
– login to log on to his User Account;
– in the search engine, enter an expertise or click on an advertisement or on the profile a
– order from the Provider;
The Customer undertakes not to sell a Service on which he does not hold the necessary rights authorizing him to use or exploit the said Service. The Site automatically generates a selection of Provider (s): these suggestions are formulated on the basis of an algorithmic calculation that favors the best match between the profile of the Provider and the request of the Customer based on the characteristics provided by the latter. This list is only a suggestion. The Client chooses only the Service Provider (s) to whom he / she wishes to request a Service and remains free to use any Service Provider. The Customer is solely responsible for the final choice of the Provider.
5.2 Placing the order If he wishes, the Customer may place an order with the Service Provider via the Website and by paying the amount of the Service and Services, including the Mission International commission via the Stripe platform.
5.3 Realization of the Benefit After payment by the Customer, the Service Provider receives a notification in his mail via his User Account and by email confirming that a request for a Service has been requested. At any time, the Customer may ask the Providers questions using the messaging offered by the Site. Once the Service has been validated and the payment made, the Client can not modify the contents of the Project.
Article 6: Price and Payment of the Prize
The total amount payable is covered in the Order. This amount includes the price of the Service as well as the commission paid to International Mission for the use of the Site. This amount is mentioned in euros.
6.2 Terms and conditions of payment
The Service is paid via the Site by the Customer in his name and on behalf of the Service Provider as well as International Mission as a commission agent. To facilitate the payment of Services, Mission International 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
It is the responsibility of the Customer to ensure the level of confidentiality of the data recorded on the Site and to take any necessary anonymisation measures in this context. The Customer is solely responsible for his confidentiality obligations in case of sharing his information in accordance with Article 8 above.
The Customer may impose a level of confidentiality on the Provider because of the content of the Project, including the transmission to the Provider of a confidentiality agreement to be signed prior to the performance of the Service.
The Service Provider undertakes to respect the confidentiality of services provided via the Site and not to disclose their content. In any case, Mission International can not be held responsible in the event of disclosure of the content of the Project by the Provider / Customer or by any third party.
Article 8: Rating, Recommendations and Evaluation
8.1 Rating by the Site
Each Service Provider will be assigned scores (scores) by the Site, determined according to several objective criteria including the quality and quantity of the Services, the ratings assigned by the Clients (other factors are taken into account) allowing a better match between the Client’s request and the Provider’s skills.
8.2 Recommendations by the Site
The Site selects the Service Provider (s) on the basis of an algorithmic calculation which favors the best match between the Provider’s profile and the Client’s request.
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.
8.3 Customer Rating by the CustomerOnce the Service has been delivered to the Customer, the Site requests the Client to evaluate the Service Provider’s Service. This evaluation is accompanied by a comment that appears 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 Service Provider and to his rating.
Mission International does not control the evaluations left by the Clients which can not be modified or removed from the profile of the Service Provider in case of report motivated by a Service Provider or a Customer to the following address: firstname.lastname@example.org .
Article 9: Duration – Termination of access to the Service
9.1 Registration is for an indefinite period.
9.2 The Customer has the opportunity to terminate, without cause, at any time his registration. To cancel his account, the Customer may send an e-mail to: email@example.com
9.3 Mission International reserves the right to terminate and / or suspend the Client’s Account as of right and without prior notice, by any means, without compensation or notice, and without prejudice to the exercise by International Mission of any recourse or remedies that he deems appropriate against the Client:
– if he is bound by a law or regulation;
– as soon as a doubt arises as to the good faith of the Customer, the authenticity of the information provided or more generally in case of non-compliance with any of the terms of the General Conditions or non-compliant use of the Site with a legal or regulatory provision.
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 Customer.
In the context of the use of the Site and the Service, the Customer is solely responsible for the data and the content that he publishes and files on the Site and undertakes not to write, distribute 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 offensive to the honor or reputation of others, inciting discrimination, hatred;
- constituting false news;
- threatening a person or a group of people;
- pornographic or pedophile;
- inciting to commit a crime, offense or act of terrorism or advocating war crimes or crimes against humanity;
- inciting discrimination, hatred of a person or group of persons on the basis of their origin or belonging to or belonging to a particular ethnic group, nation, race or religion;
- inciting suicide;
- violating the secrecy of correspondence law, 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 for carrying infringement of the rights of others and the safety of persons and property.
10.1.2 International Mission acts solely as a content host and as a technical provider and is therefore subject to a general obligation to monitor the content transmitted or stored via the Site by Clients and Providers. International Mission does not monitor and therefore does not censor the content a priori.
Mission International 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.
10.1.3 The International Mission can not be held liable in case of impossibility of access to the Site and / or the use of the Services, in the event of internal malfunctions of the Customer’s Internet access provider, congestion of the Customer. internet network and for any other reason whatsoever.
The Customer acknowledges and accepts that International Mission is not responsible for interruptions in access to the Site and the Service, and the consequences that may result for the Customer 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, Mission International undertakes, as far as possible, to inform the Customers of the maintenance operations. Mission International will send an e-mail on the Customers e-mail.
The interruption of the Service may not give rise to any compensation from International Mission.
10.2 Responsibility for Using the Service
10.2.1 The Site offers users management tools (Search Engine and Messaging) as part of the Service. The use of these tools does not engage the responsibility of International Mission, to which it remains foreign.
10.2.2 International Mission provides Users 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.
As a result, Mission International can not be held responsible for any direct or indirect damage caused to Customers, third parties or property and occurring during a Service. Any claim relating to the final result of the Service which would be brought to the attention of International Mission will be forwarded to the Service Provider concerned, who will assume full and sole responsibility.
10.2.3 THE RESPONSIBILITY OF INTERNATIONAL ASSISTANCE WILL IN NO CASE BE RESEARCHED, IN ANY WAY, FOR ANY DAMAGE OR DIRECT OR INDIRECT DAMAGE SUFFERED OR INCURRED BY CUSTOMERS DUE TO THE USE OR IMPOSSIBILITY OF USE OF THE SITE AND / OR THE SERVICES, SUCH AS NOTABLY BUT WITHOUT LIMITING, LOSS OF INFORMATION, LOSS OF DATA (SUCH AS PROFILES, MESSAGES, ANNOUNCEMENTS ETC.)
It is up to the Clients to save all of these contents on a durable medium.
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 result in an assignment of intellectual property rights to the Clients.
Article 12: Protection of personal data
International Mission is required to collect personal information (such as first name, surname, address, etc.) about the Clients 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.
The personal data collected during the registration of the Customer is exclusively intended for the Site to ensure the quality of the Service and / or send promotional information, newsletters to the Customer electronically as well as to the Providers for the needs of the execution of the their Services.
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 collected data may be transferred by International Mission outside the European Union for the sole purpose of carrying out the Service.
The following guarantees have been taken to ensure a sufficient level of protection of personal data [contact us for more information].
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 Customer benefits from a the right to access, rectify, delete and limit the processing of their data free of charge and the right to object to the processing of their personal data.
The Customer also:
– 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 Customer 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 relating to the fate of his personal data after his death.
If the Customer wishes to exercise one of these rights and / or obtain information about him / her, he / she must contact Mission International at the following address: International Mission 8, ESP COMPANS CAFFARELLI – 31000 TOULOUSE, or send an e- mail indicating his name (s), first name (s), contact details to the following address: firstname.lastname@example.org.
Article 13: Customer Service – Claims
13.1 For any question or information about the Site, the Customer may contact International Mission via the “Contact Us” section on the Site or by sending an e-mail to the following address: email@example.com.
13.2 For any complaint related to the strict use of the Site and the Services, the Customer may make a written request to the Complaint Service, by mail to the following address Mission International ESP COMPANS CAFFARELLI – 31000 TOULOUSE or by email to the email address next firstname.lastname@example.org.
Mission International undertakes to process this claim and respond to it as soon as possible.
Article 14: Applicable law and competent courts
ANY DISPUTE RELATING TO THE CONTRACT IS SUBJECT TO FRENCH LAW, SUBJECT TO ANY IMPERATIVE PROVISION. ANY DISPUTE RELATING TO THE USE OF THE SITE AND / OR RELATING TO THE CONTRACT BY A PROFESSIONAL CLIENT WILL BE SUBMITTED TO THE JURISDICTIONS OF THE PLACE OF THE HEADQUARTERS OF INTERNATIONAL MISSION.