General Conditions of Use and Sale

Legal information

  1. The platform.freelance.com website (hereinafter referred to as the "website") is published by FREELANCE.COM (COWORKEES' parent company), a limited company with a capital of 2,953,494.80 euros, whose registered office is located at Grande Arche - Paroi Nord, 1 parvis de la Défense 92044 Paris La Défense cedex, registered under the number 384 174 348 RCS (French Commercial Register) in Nanterre, France, and is represented by Mr. Laurent Levy, Executive Director.

  2. The company COWORKEES, a simplified joint stock company with a capital of 13 378 euros, whose head office is located at Pôle économique Papeteries Image Factory 3, Esplanade Augustin Aussedat - Cran-Grevier - 74960 Annecy - France. The COWORKEES website is accessible via plateforme.freelance.com.

  3. The present GTC are concluded between Coworkees and a user who has previously accepted them in the conditions of the present.

  4. The contact details of the company COWORKEES are :

    1. Address of the main establishment: Pôle économique Papeteries Image Factory 3, Esplanade Augustin Aussedat - Cran-Grevier - 74960 Annecy

    2. E-mail address: plateforme@freelance.com

    3. Telephone number: 04 50 62 77 45

  5. COWORKEES is developing an intermediation platform by mandate for the realization of services in the marketing, communication, digital sector and any activity related to intellectual service, between freelance providers and their clients. However, COWORKEES may enter into service contracts with a direct contractual commitment with the clients, using its own resources, in which case the contractual relationship will be governed by a specific contract and these GTC shall not apply.

  6. COWORKEES does not intervene in the exchanges between the users nor in any transaction that could result from them, it is strictly a third party in the contractual relationship concluded between the freelance service providers and their clients.

  7. THE ATTENTION OF THE USERS IS DRAWN TO THE FACT THAT THE COMPANY COWORKEES, IS NOT A PROVIDER OF THE SERVICES OFFERED ON THE WEBSITE.

Preamble

  1. The company COWORKEES develops and operates a website offering an online marketplace accessible at www.coworkees.com and https://plateforme.freelance.com which allows :

    1. To connect a community of freelancers in the field of marketing, communication and digital (graphic artists, photographers, web designers, computer developers, Project owner, Project Manager, etc.), whose company name is established in France or Switzerland, wishing to use their skills to the benefit of advertisers (companies). Regarding clients, no geographical restrictions are required, except for countries under UN embargo (Iran, North Korea, etc...).

    2. To benefit from a project management tool allowing the follow-up of projects concerning the services offered by the providers on the website.

Definitions

  1. The terms defined below shall have the following meaning between the parties:

    1. "Client": means a legal entity that has created an account on the website, in order to use the services of the service providers,

    2. "Provider": means a legal entity or an individual entrepreneur (a natural person) of legal age who offers his or her skills on the website and who has subscribed to a "Provider" account,

    3. "Contract" means this document including its appendices,

    4. "Personal data" means any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him or her,

    5. "Intellectual Property Rights" means any item protected by a provision of the Intellectual Property Code,

    6. "Identifiers": means the login and password of the provider,

    7. "Parties" means the Provider, the Customer and COWORKEES,

    8. "Services": means the services offered by the provider to the client through the website,

    9. "User": means any person browsing the website, www.coworkees.com or https://plateforme.freelance.com

    10. "Website": means the Coworkees website accessible at www.coworkees.com or https://plateforme.freelance.com

Object

  1. The purpose of the present general conditions is to define the conditions and modalities of the online connection between service providers and customers for the realization of services, in particular in the field of marketing and digital communication and all intellectual services referenced by COWORKEES on the website. They govern all the steps necessary for the user to subscribe to the services offered by COWORKEES and to follow up on the order of the service.

  2. COWORKEES only acts as an intermediary between the service provider and the customer. Therefore, the user is informed that within the framework of the present GTC, the service contract is not with COWORKEES but between the selected service provider and the customer.

Prerequisites

  1. The customer declares and acknowledges:

    1. Have the technical competence to use this website,

    2. Be a legal entity and have full legal capacity to enter into these terms and conditions,

    3. Be informed that his commitment does not require a handwritten or electronic signature.

Acceptance and perfection

  1. The general conditions are permanently accessible at the bottom of the website (footer).

  2. In any case, the version of the general conditions opposable to the customer is the one accepted by the latter at the time of the validation of his order with the service provider he has selected.

  3. The online documents accepted at the time of ordering take precedence over all paper versions of an earlier date.

  4. COWORKEES reserves the right to adapt or modify the present general conditions at any time. However, the new terms and conditions will only apply to orders placed after their publication and validly accepted by the customer. The user will be informed of the modification of the GCU by a banner or a popup on the platform. The use of the website without dispute by the user following this information is worth acceptance without reserve on his part of the modified GCU.

  5. The user has the option of saving and printing these general conditions using the standard functions of his browser or computer.

Access conditions and identification

  1. Access to the website

    1. The website is normally accessible 24 hours a day, 7 days a week subject to maintenance operations.

    2. The online order requires the customer to visit the website via an Internet access.

    3. Access to the website is free to any user with Internet access. All costs related to access, whether hardware, software or internet access, are exclusively at the user's expense. The customer is solely responsible for the proper functioning of his computer equipment and his access to the Internet.

    4. COWORKEES strives to provide quality access and to allow users to use the means of communication at their disposal in the best possible conditions.

    5. Due to the nature and complexity of the Internet, and in particular its technical performance and the response times for consulting, querying or transferring information data, COWORKEES makes its best efforts, in accordance with the rules of art, to allow access to and use of the website. However, COWORKEES cannot guarantee the accessibility or the absolute availability of the website.

    6. However, COWORKEES reserves the right, without prior notice or compensation, to temporarily or permanently close the website or access to one or more remote services, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and accessibility times, without this list being limitative.

    7. COWORKEES is not responsible for damages of any kind that may result from these changes and/or temporary unavailability or permanent closure of all or part of the website or its associated services.

    8. COWORKEES reserves the right to complete or modify, at any time, the website and the services available on it according to the evolution of technologies.

    9. It is the user's responsibility to ensure that the computer and transmission resources at his disposal are able to adapt to changes in the website.

  2. Create an account

    1. Some parts of the website are reserved and are only accessible to users with a personal account after identification using their login and password.

    2. In order to benefit from all the features offered, the user must register and create an account either "customer" or "provider".

    3. This account creation procedure includes the following steps:

      • Step 1: The user completes the registration form by filling in the requested fields and specifying the e-mail address and password which are his/her identifiers.

      • Step 2: The user validates and accepts the general conditions of the website by checking the box provided for this purpose. If the user is a service provider, he/she must also accept a billing mandate.

      • Step 3: The user validates the form. The user receives a confirmation email.

    4. On this occasion, the user undertakes to provide accurate and complete information and to update the information regularly.

    5. The user must indicate a valid e-mail address which will allow, in particular, the sending of an e-mail of confirmation of its registration and recovery and modification of its password.

    6. It is the user's responsibility to ensure that he/she alone has access to the email authorizing the password change procedure.

    7. The user is solely responsible for the preservation, the conservation and the confidentiality of his identifiers and other confidential data that may be transmitted to him by the company COWORKEES.

    8. The user undertakes to take all useful measures to ensure this perfect confidentiality.

    9. Any use of identifiers implies a use of the services offered on the website by the user to whom they belong.

    10. The user undertakes to notify COWORKEES without delay of any disclosure to third parties or theft of his identifiers.

    11. This notification must be sent to the company COWORKEES on the contact form at plateforme@freelance.com.

    12. The user is solely responsible for the use made of his login data until he has reported the situation and requested COWORKEES to change it.

    13. COWORKEES shall not be held liable for fraudulent or abusive use or for voluntary or involuntary disclosure of its identifiers to anyone.

  3. Account suspension and closure

    1. In case of suspected fraudulent use of the user's account, COWORKEES reserves the right to suspend or close the user's account without compensation and without notice.

    2. COWORKEES shall not be liable for any loss or damage arising from the breach of confidentiality obligations by the user.

    3. In the event of a breach of the obligations of these terms and conditions by the user, COWORKEES reserves the right, without compensation and without notice, to suspend access to all or part of the account until the cause of the suspension has disappeared, or even to delete the account, depending on the seriousness of the breach.

    4. The user acknowledges that COWORKEES shall not be liable to the user or third parties for the consequences of the closure or suspension of the account.

    5. The user may at any time discontinue the use of the services and request an account closure from COWORKEES via the website.

    6. In any case, the user remains responsible for any use of his account prior to the closure of this account.

  4. Security

    1. COWORKEES makes every effort, in accordance with the rules of the art, to secure the website with regard to the risk incurred and the nature of the data processed.

    2. The website is an automated data processing system.

    3. The user is not allowed to access or to maintain himself, fraudulently, in all or part of the website. The user is not allowed to use any other access method than the interface provided by COWORKEES. If such a method is discovered or if the user inadvertently enters a reserved area, the user undertakes to inform COWORKEES immediately by means of the form so that COWORKEES can take the necessary measures.

    4. The user is prohibited from deleting or modifying data contained on the website, or fraudulently introducing data or even altering the functioning of the website. In particular, he/she shall not introduce any virus, malicious code or any other technology harmful to the website.

    5. Any access to a prohibited area is considered fraudulent access.

    6. The user undertakes to consider that all the data of which he will have had knowledge at the time of such an access to an unauthorized space are confidential data and undertakes, consequently, not to reveal them.

    7. In particular, the user shall refrain from carrying out any operation aimed at saturating a page, bouncing operations or any operation whose consequence is to hinder or distort the functioning of the website.

    8. The user undertakes not to use any devices or software of any kind that would interfere with the proper functioning of the website.

    9. The user undertakes not to take any action that would impose a disproportionate burden on the website's infrastructure.

    10. The user accepts the characteristics and limits of the Internet. He/she is aware that the data circulating on the Internet is not necessarily protected, particularly against possible misappropriation.

    11. The user takes appropriate measures to ensure the security of his own data and/or software from contamination by possible viruses on the Internet.

Information on the services offered by the website to customers

  1. The website allows customers to call upon a service provider to carry out a service in the field of communication, marketing and digital.

  2. The website offers the client the possibility of ordering a service à la carte in order to benefit from access to the website's resources.

  3. The customer can subscribe to additional options under the conditions provided on the website.

  4. The essential characteristics of the services as well as the skills, experience and availability are presented on each provider profile.

  5. These elements are summarized on the estimate sent by the service provider.

Ordering process

  1. Choice of services

    1. The customer can choose a provider on the website either through algorithms or through a search engine.

    2. COWORKEES offers support through a project manager as well as additional options.

    3. It is specified that only the services provided on the profile of providers are available via the website.

    4. The customer acknowledges having taken cognizance of the nature, purpose and terms of use of the services available on the website and having requested and obtained the necessary and/or additional information in order to place an order with full knowledge of the facts.

    5. The customer is solely responsible for his choice of services and their suitability for his needs, so that COWORKEES cannot be held liable in this respect.

    6. Except for legal obligations, the total or partial impossibility to use the services, in particular due to poor quality of the services or incompatibility with the needs, cannot give rise to any compensation, reimbursement, or questioning of the responsibility of the company COWORKEES.

  2. Ordering process for services

    1. Any order implies full acceptance of these terms and conditions.

    2. The contracting process includes the following steps:

      • Step 1: Fill in the form,

      • Step 2: Choice of benefit categories,

      • Step 3: selection of the service provider(s),

      • Step 4: Send a request for quotation to the selected service providers,

      • Step 5: Sending of an estimate by the service provider(s),

      • Step 6: Validation of the quotation(s) by the customer,

      • Step 7: notification by email to plateforme@freelance.com of the validation and sending of the proforma invoices with the date of the beginning and end of the service, (the estimates and invoices are accessible at any time on the Dashboard)

      • Step 8: Prepayment by the customer of the order,

      • Step 9: validation of the schedule by the service provider,

      • Step 10: Delivery of the service by the provider,

      • Step 11: Send an email or SMS to the customer,

      • Step 12: validation of the delivered service, in the absence of dispute of the delivery within 48h the service is considered executed in accordance with the provisions of the contract concluded and the payment will be consequently acquired.

      • Step 14: rating the service provider. The client rates the service provider and makes a recommendation.

    3. In addition to these steps, the user can access his profile at any time in order to modify the information entered.

    4. Any order is taken into consideration only after acceptance and validation of the payment.

    5. Any rejection of payment will imply the abandonment of the order, the customer and the service provider being informed, which will result in the service not being delivered.

    6. The service provider undertakes to honour the orders received within the time limits set and, in the event of unavailability, to inform the customer by any means at his convenience; the customer can then cancel his order and be reimbursed, if necessary, the sums already paid.

Price

  1. The financial conditions of the services offered by the website (prices of services) are provided on the website.

  2. The prices of the services offered by the website are displayed in euros in amounts excluding taxes and including all taxes (V.A.T).

  3. They are valid only for the period during which they are accessible electronically in real time on the website.

  4. They can change according to several criteria and in particular in the event of commercial operations.

  5. The value of the transaction is necessarily that of the date and time of the order by the customer, the parties acknowledging that they have no recourse in the event of a decrease or increase subsequent to the order.

  6. The prices displayed take into account the V.A.T. applicable on the day of the order and any change in the rate applicable to the V.A.T. is automatically reflected in the prices of the services offered for sale.

  7. Before the confirmation of the final order, including the estimate and the services offered by the website, the total amount of the order (price including VAT) in euros is indicated.

  8. The prices of the services do not include the communication costs related to the use of the online service, which remain the responsibility of the customer.

Payment

  1. The payment of the service is made by the customer during the validation of the estimate directly on the website.

  2. To pay for his order, the customer has, according to his choice, the methods of payment referred to within the order interface.

  3. The following means of payment are accepted:

    • Visa and Mastercard,

    • bank transfer

    • direct debit in case of monthly invoicing of the services.

Payments are made through MangoPay. Their T&Cs are accepted at the same time as those of Coworkees, at the time of registration. To consult them: MangoPay Terms and Conditions

  1. Reimbursement (General Conditions of Service)

  1. The parties agree that in the event of failure of the service provider, i.e. failure to provide the service or product ordered on the date agreed between the customer and the service provider concerned, the customer may request to change service provider for an equivalent service provider offered by the platform.

  2. In this case, the defaulting service provider will not be remunerated and Coworkees will have the possibility to ask the defaulting service provider to reimburse the website management fees charged by its financial partner for any payment made on the platform related to the order to the defaulting partner, without prejudice to the damages that it could claim for the non-fulfillment of the service ordered by the client.

Retention and archiving

  1. COWORKEES shall keep the written record of the customer's order for an amount of 120 Euros or more for a period of ten (10) years from the delivery of the order for services and shall guarantee access to it at any time during this period.

  2. Contract documents will be kept in electronic or paper format.

  3. COWORKEES guarantees access to the stored contractual documents at the request of the customer according to the following procedure: request via the online form.

Role of the company COWORKEES

  1. COWORKEES guarantees access to the stored contractual documents at the request of the customer according to the following procedure: request via the online form.

  2. COWORKEES cannot guarantee the effective conclusion of a contractual relationship between them.

  3. COWORKEES reminds that it is a simple agent and that it does not act as owner, depositary, service provider, guarantor, expert, guarantor or negotiator. It is therefore not bound by the obligations associated with these qualifications, particularly with regard to the guarantees that may be attached to them.

  4. Finally, COWORKEES cannot be held liable in any way whatsoever in the event of a dispute or litigation between service providers and customers, particularly on any issue concerning the services, such as, in particular, conformity, quality, delivery and acceptance.

Customer ratings and comments

  1. The customer can rate the service provided by a provider. This rating then appears on the profile of the corresponding service provider.

  2. It is specified that only the content relating to the performance of the service and its attributes is published.

  3. The user is forbidden to make any defamatory, insulting, inappropriate or abusive comments and more specifically any comments :

    • Hateful, racist, xenophobic, paedophilic, homophobic, revisionist or otherwise injurious to the honour or reputation of others, threatening a person or group of persons,

    • Inciting discrimination, hatred of a person or a group of persons, in particular because of their origin, their membership or non-membership of a particular ethnic group, nation, race or religion, or glorifying war crimes or crimes against humanity, contrary to public order or morality,

    • Intended to encourage, assist, peddle or propagate in any way whatsoever rumours and/or violating the privacy of correspondence and thereby infringing on the rights of third parties, intellectual property, privacy, image rights,

    • Harming minors,

    • Inciting abuse and/or attack of individuals or animals,

    • Inciting suicide or violent actions against the user or others.

Information Technology and Civil Liberties

Personal data

Pursuant to Regulation No. 2016/679 of 27 April 2016 on data protection and Law No. 78-17 of 6 January 1978 as amended, relating to information technology, files and freedoms.

The user is informed, in particular, in accordance with article 32 of the amended law on information technology and civil liberties of 6 January 1978, that COWORKEES, as the company responsible for processing, implements the processing of personal data for the following main purposes

  • Management of access and operation of the website,

  • Management and follow-up of customer, user and prospect relations,

  • Commercial and marketing management of content,

  • Measuring quality and satisfaction,

  • Commercial prospecting, events and personalization of offers,

  • Improving the services provided,

  • Securing access to private spaces and private files.

The data collected is kept for the entire duration of the contractual relationship and is deleted at the end of the contractual relationship, with the exception of data that can be used to establish proof of the contractual relationship, which is kept until the end of the applicable limitation periods.

Some of the data collected may be communicated to commercial and contractual partners for the purposes of investigation, analysis and commercial prospecting.

The user is informed that he has a right of access, of interrogation, and of correction which allows him, if necessary, to make rectify, supplement, update, lock or erase the personal data concerning him which are inaccurate, incomplete, equivocal, out-of-date or the collection, the use, the communication or the conservation of which is prohibited as well as of the right to give directives on the fate of his data after his death.

The user also has the right to object to the processing of his or her data for reasons relating to your particular situation, as well as the right to object at any time when the data is used for commercial prospecting purposes.

Finally, the user has a right to the portability of his data, a right to withdraw his consent and a right to appeal to an authority before the CNIL, and a right to limit the processing of data.

All these rights can be exercised with the company COWORKEES by mail with a copy of an identity document with a signature at the following address Coworkees Pôle économique Papeteries Image Factory 3, Esplanade Augustin Aussedat - Cran-Grevier - 74960 Annecy info@coworkees.com or plateforme@freelance.com.

Cookies

  1. The user acknowledges the possibility for COWORKEES to use cookies or any other similar technique to trace the navigation and to collect the associated data.

  2. Cookies record certain information that is stored in a memory of the computer equipment used by the user.

  3. The user can delete cookies at any time using their browser. This option may result in the loss or securing of some functionality.

  4. For more information, click https://plateforme.freelance.com/legal-notice

Property

  1. Intellectual Property

    1. The present general conditions do not imply any transfer of intellectual property rights on the elements belonging to the company COWORKEES and its parent company Freelance.com to the benefit of the user.

    2. The content of the website, the general structure as well as the brands, the drawings, the models, the images, animated or not, the texts, the photographs, the logos, the graphic charters, the software and programs, the search engines, the databases, the sounds, the videos, the domain names, the design, the know-how of the company COWORKEES and its mother company Freelance.com and all the other elements composing their websites or any other information appearing on them, without this list being exhaustive, are the exclusive property of COWORKEES or of the partners or third parties who have granted it a licence, and are protected in particular by intellectual property rights which are or will be recognised according to the laws in force.

    3. Any reproduction and/or representation, total or partial of one of these elements, without the express authorization of the company COWORKEES and the company Freelance.com, is prohibited and would constitute in particular but not exclusively an infringement sanctioned by the provisions of the Code of the intellectual property.

    4. Likewise, the trademarks, distinctive signs, plans, studies, projects, instructions for use or assembly, photographs, technical and commercial documents and models of the company COWORKEES linked in particular to its activity, as well as all computer programs, applications, codes and information linked to it remain its exclusive property.

    5. Therefore, the user shall refrain from any action and any act that may directly or indirectly infringe the property rights of COWORKEES and its parent company Freelance.com.

    6. User shall not remove, delete, or otherwise conceal any proprietary marks of COWORKEES or its licensors on the Services, or conspicuously display such proprietary marks, labels, or brands on copies of the Services.

    7. This section shall survive the termination of these terms and conditions for any reason or cause until the end of its particular purpose.

  2. Methods and know-how

    1. COWORKEES shall retain full and exclusive ownership of its own methods, know-how and tools used to execute these contractual provisions.

    2. This Ownership Clause shall survive the termination of these Terms and Conditions, for whatever reason or cause, until the end of its particular purpose.

Insurance

  1. COWORKEES and the service provider confirm that they have taken out an insurance policy with a solvent insurance company established in France for all the financial consequences of their professional civil liability, in tort and/or contract, due to physical, material and immaterial damage caused to the customer and to any third party within the framework of the execution of the present contract.

General provisions

  1. Good faith

    1. The parties agree to perform their obligations in good faith.

  2. Sincerity

    1. The parties declare the sincerity of these commitments.

    2. In this respect, they declare that they have no knowledge of any element which, if it had been communicated, would have changed the consent of the other party.

  3. Entirety

    1. The present general conditions express the entirety of the obligations of the parties.

    2. No general or specific conditions of either party may be incorporated into this contractual document.

  4. Titles

    1. In the event of any difficulty of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the articles herein and any of the articles, the headings shall be declared non-existent.

  5. Nullity

    1. If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent court, the other stipulations shall retain all their force and scope.

  6. Tolerance

    1. The parties mutually agree that the fact that one party tolerates a situation does not have the effect of granting the other party acquired rights.

    2. Moreover, such tolerance cannot be construed as a waiver of the rights at issue.

  7. Assignment

    1. The user accepts that the rights and obligations resulting from this agreement may be transferred by COWORKEES to a third party in the event of a merger or acquisition.

  8. Independence of the parties

    1. Neither party may make any commitment in the name and on behalf of the other party.

    2. Furthermore, each party remains solely responsible for its acts, allegations, commitments, services and personnel.

  9. Subcontracting

    1. The user authorises COWORKEES to use any subcontractor of its choice for the execution of this agreement and the services. In this case, the user agrees that COWORKEES or the service provider may disclose to its subcontractors the information necessary for the execution of the present contract.

Responsibility

  1. The company COWORKEES declines any responsibility concerning possible interruptions or bugs of the website. COWORKEES does not guarantee any part of the website, in particular with regard to any direct or indirect damage resulting from the use of the website. The website may contain links to other external sources. Since COWORKEES cannot control these external sources, COWORKEES cannot be held responsible for the contents, services, advertisements or elements available on these external sources. COWORKEES invites the user to take note of the conditions of use that may be available on these external sources.

  2. This section shall survive the termination of these terms and conditions for any reason or cause.

Evidence and evidentiary agreement

  1. The online acceptance of the general conditions by electronic means has the same evidential value between the parties as the agreement on paper.

  2. The computerized registers kept in the computer systems of the company COWORKEES will be kept in reasonable conditions of security and considered as proof of communications, orders and payments between the parties. They are valid until proven otherwise.

  3. The archiving of contractual documents, orders and invoices is carried out by the company COWORKEES and can be produced as proof.

Language

  1. The authentic language is French.

  2. If the present general conditions are translated into a foreign language, the French language will prevail over any other translation in the event of a dispute, litigation, difficulty in interpreting or executing the present conditions and more generally concerning the relations existing between the parties.

Sharing achievements

The achievement share is a place for sharing and interaction within the Coworkees ecosystem

  1. Under no circumstances should articles published on the website by users refer users to websites other than Coworkees

  2. In case of non-compliance with these conditions, COWORKEES reserves the right, without any compensation and without prior notice, to delete the articles that do not comply with the said conditions, and to suspend or close the account of the author user.

Applicable law

  1. The present general conditions are governed by French law.

Jurisdiction

  1. IN THE EVENT OF A DISPUTE, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COMPETENT COURTS OF PARIS, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY CLAIMS, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, IN SUMMARY PROCEEDINGS OR BY PETITION.

Date of last update

  1. Last update: 2021/09/01

Terms and Conditions of Payment Service

  1. Download the MangoPay Terms and Conditions.

Last update: September 2, 2021