Geographic scope :
The FREELANCE.COM platform is intended for professionals worldwide, excluding countries subject to an economic embargo by resolution of the United Nations.
Legal Notice :
The FREELANCE.COM platform is published by:
FREELANCE.COM SA, headquartered at 1, Parvis de la Défense, 92044 Paris la Défense Cedex - France, registered with the RCS n° 384.174.348, represented by Olivier MARCHETEAU, General Manager.
The FREELANCE.COM platform is hosted by:
OVH SAS with capital of €5,000,000, headquartered at 2 rue Kellermann - 59100 Roubaix - France, registered at RCS Roubaix - Tourcoing n°424.761.419.00045
Code APE 6202A.
Lexicon :
- AGREEMENT: expresses the contractual relationship as well as the general conditions expressed herein.
- CUSTOMER: refers to a legal entity or an individual with the status of a sole trader, who has requested resources on the platform or proposed an assignment.
- SUPPLIER: a legal entity or a person, who is in the capacity of individual entrepreneur, seeking assignments and wishing to respond in a self-employed or salaried capacity to an order for services or a contract for work or supplies.
- MEMBER: the term “member” refers to a user identified on the platform.
- VISITOR: any individual or legal entity not having the status of CLIENT, visiting the site.
- WEBMASTER: the FREELANCE.COM platform.
- MARKET: the markets covered by FREELANCE.COM service are all countries in the world, apart from countries subject to an economic embargo imposed by a UN resolution.
- PLATFORM: the FREELANCE.COM platform refers to the Internet platform offering the services covered by these TCU.
- FREELANCE.COM: refers to the FREELANCE.COM platform
- USER: a generic term referring to the three categories indicated above “SUPPLIERS, and CUSTOMER,” having access to the PLATFORM.
- MANDATORY DOCUMENTS: refer on the one hand to documents in the form of CVs, outlining the SUPPLIERS' experience and knowledge, and on the other hand to any economic data based on the USER's activity, under the conditions required by the FREELANCE.COM platform and the present TCU.
- DOWNLOAD RIGHTS: FREELANCE.COM platform provides its CLIENTS with files available for download in accordance with the existing conditions within the PLATFORM and the present TCU.
- INFORMATION OR DATA: any document published within the platform by the CLIENT.
- IDENTIFIER: the term “IDENTIFIER” covers the information required to identify a user on the platform to access the areas reserved for members.
- PASSWORD: the “PASSWORD” is a confidential piece of information, which the user must keep secret, enabling him/her, used in conjunction with his/her identifier, to prove his/her identity.
- WAGE PORTAGE: refers to the activity of wage portage as governed by the order of April 2nd, 2015.
- TALENT ACQUISITION: refers to FREELANCE. COM’s sourcing service, enabling freelancers to be selected for an assignment proposed by a CLIENT.
Purpose and scope :
The FREELANCE.COM PLATFORM is intended for any individual or legal entity seeking to enter a service contract with a Service Provider or Customer in the future.
To this end, the PLATFORM enables SERVICE SUPPLIERS to submit the terms and conditions set out in these GTCU, their CVs and any economic and commercial information that may help illustrate their professional background to the PLATFORM. The PLATFORM also enables CUSTOMERS, under the conditions set out in GTCU, to submit offers of assignments to request competent resources via the PLATFORM.
The PLATFORM puts online publications concerning some of the group's activities, such as intellectual services, subcontracting and WAGE PORTAGE, with a service called TALENT ACQUISITION, which enables CUSTOMERS to search for resources to conduct assignments and SUPPLIERS to search for resources.
In the event of a contractual commitment between a USER and one of the aforementioned entities, FREELANCE.COM will be strictly a third party to this relationship unless it has expressed its willingness to put it into a written contract.
In this respect, the PLATFORM enables USERS to contact each company in the FREELANCE.COM group according to their needs in terms of activity, assignments, or suitable resources.
Any contract entered by a SUPPLIER with a co-contractor concerning the activities offered by the PLATFORM must comply with the legal and regulatory provisions governing the matter, particularly in the field of freelance administration, which involves prospecting and negotiation between the SUPPLIER and the CLIENT about the essential elements of the service.
All use of the platform must abide by GTCU.
These GTCU come into force on February 17, 2025. This version cancels and replaces all previous versions or contracts.
The USER is invited to carefully read the GTCU, which is accessible via a hypertext link from the PLATFORM. The USER is advised to download and/or print them and keep a copy. The USER is also advised to read the GTCU each time he/she visits the PLATFORM, as they may be modified at any time.
USERS will be notified of any changes to the GTCU by means of a window to this effect appearing on the PLATFORM. The modification of the GTCU will be deemed tacitly accepted by the USER, if the latter continues to connect to the PLATFORM without express objection.
All visitors are authorized to search for SUPPLIERS and assignments, however without any access to the contents of the MANDATORY DOCUMENTS and the CLIENTS' contact details.
Use of the PLATFORM :
Use of the PLATFORM is reserved for USERS who have first read and accepted the GTCU by “clicking.”
USERS ensure that the content of messages and documents sent do not contravene current legislation or constitute false documents. They undertake not to use the PLATFORM for the purpose of committing one or more criminal offences or any other legal offence.
Any document or information posted on the PLATFORM in breach of these provisions will immediately and automatically result in the termination of these terms and conditions and the exclusion of the USER from the PLATFORM, without prejudice against any legal action for damages caused to FREELANCE.COM and/or any of its CUSTOMERS.
Access to certain sections of the PLATFORM requires the use of login and a password. The password chosen by the USER is personal and confidential.
The USER is solely responsible for the use that may be made of his login and password and undertakes to keep his password secret and not to divulge it to anyone in any form whatsoever. Use of the USER'S login and password via the Internet is at the USER'S own risk. It is the USER's responsibility to take all necessary measures to protect this data against any attack.
Access to the service :
The service is accessible under the conditions described herein to all USERS with Internet access, after express acceptance of these General Terms and Conditions of Use.
Certain sections of the platform are reserved for USERS with a login and password, while SUPPLIERS and CUSTOMERS have independent sections.
FREELANCE.COM reserves the right to refuse access to the Service, unilaterally and without prior notice, to any USER who does not comply with these Terms and Conditions of Use.
All costs relating to the means of access to the Service are the sole responsibility of the USER. The USER is solely responsible for the proper functioning of his or her computer equipment and Internet access.
FREELANCE.COM uses all reasonable means at its disposal to ensure quality access to the Service but is under no obligation to do so.
FREELANCE.COM cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which prevents or degrades access to the Service.
FREELANCE.COM reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
USER’s obligations :
Pre-posting obligation
USERS are solely responsible for the accuracy and authenticity of the MANDATORY DOCUMENTS sent to FREELANCE.COM and are also responsible for the processing of their distribution. In this respect, the WEBMASTER acts exclusively on the USER's instructions.
The USER's obligation in this respect is irrevocably one of RESULT.
The USER shall guarantee the authenticity and conformity of the documents to the French legislation governing the matter, whereby the USER shall inform FREELANCE.COM within 24 hours of any incompatibility.
The USER undertakes to comply with the procedure described below:
- Accept these terms and conditions without reservation or contradiction and register online.
- Download an electronic dispatch form from the FREELANCE.COM platform if necessary and complete it without any omissions or erasures.
- Gather the necessary documents required in these GTCU.
The USER undertakes to send FREELANCE.COM new documents within 48 hours in the event of non-compliance.
Any breach of this obligation will result in the suspension of the agreement and its unilateral termination by FREELANCE.COM.
Obligations for online publication :
The USER's file must comply with at least the following conditions in order to be published online:
- The file must be complete: all the documents required by the PLATFORM must exist.
- SUPPLIER CVs must contain 90% of the information required by these GTCU.
- The application’s payment must follow, if applicable.
The application will be checked for compliance, regularity, and accuracy with the provisions of these GTCU and those of the FREELANCE.COM PLATFORM.
FREELANCE.COM reserves the discretionary right not to put a file online in the event of:
- Incomplete file
- File whose documents do not meet or only partially meet the qualitative and quantitative control
- Absence of payment when applicable.
In this case, an e-mail or letter will be sent to the USER to enable him/her to regularize the file.
In the absence of a response from the USER, or in the absence of regularization within one month of the WEBMASTER's request for regularization, and after formal notice, the file will be considered as definitively non-compliant and null and void, and consequently the on-line publication will not be initiated, and any sum paid will remain the property of the WEBMASTER without the USER being able to claim it for any reason whatsoever.
Obligations of the CLIENT :
The CLIENT undertakes to refrain from any interference with FREELANCE.COM.
THE CUSTOMER undertakes to make fair use of the site, and to comply with any obligation conditioning the liability of DIFFUSEUR FREELANCE.COM.
To assert his rights, the USER must, under penalty of forfeiture of any action relating thereto, inform the WEBMASTER, in writing, of the existence of the defects within a maximum period of one month from their discovery.
THE CUSTOMER undertakes to inform FREELANCE.COM at a suitable time for any request, so that the WEBMASTER can respond rigorously and at a suitable time, on pain of forfeiture.
FREELANCE.COM shall not be held liable for any breach.
In any event, the CLIENT undertakes to comply with the registration procedures described on the PLATFORM, in the "Products and services" section.
Non-compliance by the CLIENT with any of the provisions described in these GTCUs, the PLATFORM, and particularly those described herein, shall de facto and de jure result in the immediate termination of these terms and conditions, without prejudice to any claims for damages.
The CLIENT also expressly undertakes:
To scrupulously respect all the prescriptions of the present GTCU, as well as those prescribed on FREELANCE.COM PLATFORM.
Not to hire or cause to be hired, or attempt to hire or cause to be hired, directly or indirectly, one or more employees of third-party companies, in particular FREELANCE.COM or SUPPLIERS, or to directly contact a SUPPLIER on the PLATFORM without the express consent of FREELANCE.COM. This obligation shall continue for a period of twenty-four (24) months after the termination of these General Terms and Conditions of Use for any reason whatsoever.
Not to use data relating to SUPPLIERS (in particular MANDATORY DOCUMENTS, or any other SPECIFIC DOCUMENT or COMMERCIAL DOCUMENTS) without FREELANCE.COM's express consent.
Use of the PLATFORM does not confer any other intellectual property rights, except for use of the PLATFORM, which is subject to prior acceptance of the GTCU by the ORDER GIVER.
Upon termination of the CLIENT's subscription or right of access to the PLATFORM, for any reason whatsoever, the CLIENT expressly undertakes not to use the PLATFORM or its content for any purpose whatsoever.
THE CUSTOMER UNDERTAKES TO USE ANY DOCUMENT OR INFORMATION EXTRACTED FROM THE PLATFORM IN ACCORDANCE WITH THE LAW AND REGULATIONS AND SHALL ASSUME ALL LIABILITY ARISING FROM SUCH USE.
The CLIENT undertakes to use the PLATFORM for strict personal and commercial purposes.
Access to the platform by the client
Access to the service by the CLIENT is subject to acceptance of these GTCU.
CUSTOMER services :
- Prices and terms of payment:
The CLIENT has access to:
The PLATFORM with a restricted area
The possibility of having H24/365D access to any publication on the PLATFORM, except in the event of untimely interruption of the platform, under the conditions of the present GTCU.
Access to the FREELANCE.COM service for the number of people defined by the CLIENT on the PLATFORM, (e.g.: nom1@entreprise.com; nom2@entreprise.com; nom3@entreprise.com etc...).
The ability to perform sorting and multi-criteria searches using a search engine.
Requests for resources for missions are sent via a file to be completed, provided by the PLATFORM, and sent to TALENT ACQUISITION.
Provision of a communication space with the PLATFORM, with the possibility of exchanging files.
The CLIENT receives proposals from the TALENT ACQUISITION service in response to the requests he has previously formulated in the file on the PLATFORM.
Access to the platform service for the SUPPLIER :
The SUPPLIER submits his CV(s), which will be accessible to CLIENTS subject to compliance with the following requirements:
CVs must comply with French and international legal requirements.
The CV(s) must contain the minimum information indicated on the PLATFORM and in these GTC.
CVs must comply with anti-discrimination rules of all kinds.
CVs must contain information strictly related to the purpose of the PLATFORM.
The CV(s) must in all cases comply with all the provisions of these GCU.
The FREELANCE.COM PLATFORM reserves the right to moderate, suspend or delete a CV that does not comply with the aforementioned requirements, or any other requirement set forth in these GTCUs, without prejudice against any legal action for damages.
SUPPLIER services :
Subject to the conditions set out in these GCU, the SUPPLIER will benefit from:
The ability to search for and apply for jobs published by Talent Acquisition on the PLATFORM.
The possibility of checking all publications and information H24/365D, except in the event of untimely interruption of the platform, under the conditions of these GTCU.
Access to the FREELANCE.COM service for the number of people defined on the PLATFORM, (e.g.: nom1@entreprise.com; nom2@entreprise.com; nom3@entreprise.com etc...).
The ability to perform sorting and multi-criteria searches using a search engine.
The possibility of contacting the various departments and companies of the FREELANCE.COM group
Provision of a communication space with the possibility of exchanging files.
The SUPPLIER expressly agrees, without reservation, with the procedure and terms and conditions applied by the PLATFORM and by each department or company of the FREELANCE.COM group that he/she contacts.
In this respect, the SUPPLIER undertakes to comply with the ethical and fair rules of the aforementioned procedure.
Implementation of the platform's technical environment :
FREELANCE.COM undertakes to implement and maintain the technical environment necessary for the proper operation of the PLATFORM.
FREELANCE.COM maintains the hardware, software, and services necessary to transmit, receive, translate, record and store FREELANCE.COM messages.
FREELANCE.COM guarantees the implementation of appropriate means for the proper functioning of the PLATFORM so that the goals described below are being achieved:
Availability of the PLATFORM at over 98% per month.
File security using backups.
Optimal platform ergonomics.
Administrative service from 9 a.m. to 6 p.m., Monday to Friday included.
FREELANCE.COM undertakes to implement and maintain sufficient security procedures and measures to ensure the protection of data communicated by SUPPLIERS or CUSTOMERS against the risks of unauthorized access, modification, destruction, or loss.
The USER is informed that one or more cookies, containing no personal information, may be placed on his hard disk to ensure his identification and the history of his modifications. Security procedures and measures include verification of origin, verification of integrity, non-repudiation of the origin of receipt and confidentiality of communicated data with respect to third parties not authorized to access it.
If the procedures and security measures implemented by FREELANCE.COM lead to the rejection of one or more documents or to the detection of an error in these documents, FREELANCE.COM will inform THE SUPPLIER within a reasonable period.
The functionalities of the PLATFORM and its development are defined by FREELANCE.COM.
The evolution of the PLATFORM is also envisaged in its technical and functional dimension. In this respect, FREELANCE.COM will take any decision it deems appropriate for the proper development of the PLATFORM in terms of ergonomics, technology, aesthetics, functionality, etc. at its own discretion.
The USER hereby consents to any technical, graphic, or functional changes that may optimize the operation of the PLATFORM.
Proof :
It is expressly agreed that archived data and data put online and stored in FREELANCE.COM's information system, particularly in its e-mail tools, has evidential value with respect to documents sent, orders placed and the performance of the parties' obligations.
Data stored on computer or electronic media by FREELANCE.COM constitutes evidence. If they are produced as evidence by FREELANCE.COM in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
Liability :
Regarding the use of the PLATFORM
FREELANCE.COM liability and guarantees.
FREELANCE.COM does not warrant that the PLATFORM will be free from defects, errors or bugs, or that defects, errors or bugs will be corrected, or that the PLATFORM will operate without interruption or failure, or that the PLATFORM is compatible with any particular hardware or configuration other than those expressly stated by FREELANCE.COM.
FREELANCE.COM does not guarantee a deadline for the uploading of MANDATORY DOCUMENTS or any other documents transmitted by the SUPPLIER or the CUSTOMER and shall not be held liable in the event of any delay in the uploading of the documents transmitted.
FREELANCE.COM is in no way responsible for malfunctions attributable to third party software.
In no event shall FREELANCE.COM be liable for any damage whatsoever, whether foreseeable or unforeseeable, material, or immaterial (including but not limited to loss of profits or opportunities) arising out of the use of or inability to use the PLATFORM as whole or in part.
Likewise, FREELANCE.COM cannot control all the sites to which the PLATFORM refers via hypertext links, which exist solely to facilitate the use of the PLATFORM by the USER, and FREELANCE.COM is in no way responsible for their content.
FREELANCE.COM may not be held liable for any failure to perform or improper performance of all or part of the services provided for in the GCU, in particular if such failure or improper performance is attributable either to the USER, or to the unforeseeable and insurmountable act of a third party unrelated to the service, or to a case of force majeure.
FREELANCE.COM cannot be held liable in any way for the contractual and/or extra-contractual relationship that may exist between CLIENTS and SUPPLIERS, FREELANCE.COM being strictly a third party to this relationship, whatever its nature.
USER liability and warranties :
The USER declares that he/she is aware of the characteristics and limits of the Internet, in particular its technical performance, response times for consulting, querying, or transferring data, and the risks associated with the security of communications.
The USER acknowledges that he/she has checked that the computer configuration he/she is using is virus-free and in perfect working order.
The USER may not use the PLATFORM in such a way as to render it inaccessible, hinder its operation, modify it, or damage it in any way whatsoever.
The USER may not use the PLATFORM in an illicit manner, for fraudulent purposes or in connection with any illegal activity, in particular: (i) to send, use, import or export files, content or words that are illicit, offensive, indecent, abusive, defamatory, obscene, threatening or infringing the intellectual property rights, personality rights or image rights of third parties, (ii) to send or use a computer virus, political opinions, advertisements, chain letters, (iii) to send unsolicited content or bulk mail and, more generally, to engage in any form of spamming, (iv) to annoy or threaten other PLATEFORM USERS, (v) to use, make available or download false documents.
Suspension or limitation of access to the platform :
FREELANCE.COM may suspend or limit the USER's access to the PLATFORM, at its own discretion, in particular in the event of a breach by the USER of the GTCU or in the event of a breach of the commercial proposal.
FREELANCE.COM also reserves the right to suspend or limit access to the PLATFORM for maintenance reasons or to enable the implementation of new features.
Communication procedure :
Communication between FREELANCE.COM and USERS may be electronic, postal, telephone or by any other means offered by present and future technology.
For electronic communication, acknowledgement of receipt is not required unless requested.
When an acknowledgement is required, the recipient of the FREELANCE.COM message must ensure that the acknowledgement is sent within 24 hours, [a] business day, from the time of receipt of the message to be acknowledged, unless another time limit is specified in the Technical Annex.
A working day means a day other than Saturday, Sunday, or any other official holiday at the intended destination of the FREELANCE.COM message.
A FREELANCE.COM message with an acknowledgement request cannot be executed by the message recipient until the acknowledgement has been sent.
If the sender does not receive the acknowledgement of receipt within the specified time limit, he has the right, subject to notifying the recipient, to consider the FREELANCE.COM message as null and void as from the expiry of the said time limit, or to initiate a recovery procedure provided for in the technical appendix to ensure effective receipt of the acknowledgement of receipt.
If the recovery procedure fails within the time limit, the FREELANCE.COM message is definitively considered invalid from the expiry of the said time limit, subject to the recipient being notified.
The written documents inherent in this communication also constitute means of proof, governed by the provisions of the French Civil Code.
Intellectual Property :
Brand ownership
FREELANCE.COM brand:
"FREELANCE.COM" is a registered trademark. Any unauthorized reproduction or transfer of its trademarks, logos, and signs, whether or not published on the PLATFORM, constitutes an infringement punishable by law. The offender is liable to civil and criminal penalties, in particular the penalties provided for in articles L. 335.2 and L. 343.1 of the French Intellectual Property Code.
Any USER of the FREELANCE.COM platform, whose file is up to date, and who is not the subject of any suspension or deregistration, may use the FREELANCE.COM name and trademark on its commercial documents, to indicate the presence of MANDATORY DOCUMENTS or any other document or information meeting the provisions of these GTCU and those of the FREELANCE.COM platform.
Trademark and personal data of the USER:
The USER hereby undertakes to assign to FREELANCE.COM all rights to use its brand and personal data placed online for purposes strictly reserved for the optimal operation of its platform, without reservation or exception.
Other uses :
Any use of the name FREELANCE.COM or the logo FREELANCE.COM or any other trademark or logo belonging to it may not be made without the express prior permission of the company FREELANCE.COM under penalty of criminal prosecution for infringement and / or unfair competition.
Information technology and civil liberties :
The parties declare the provisions of this contract to comply with French law 78-17 of January 6, 1978, and all legal provisions governing the matter, as regards any personal data concerning the USER that may be contained in the files or CVs.
FREELANCE.COM (hereinafter "the WEBMASTER") has in no way determined the purposes and means of the data transmitted to it by the USER, and it acts, within the framework of the present, only on the USER's instructions. The personal data collected by the WEBMASTER (mandatory documents and registration on the platform, sponsorship, etc.) are necessary for the management of the service, they may nevertheless be transmitted to third parties, partners of FREELANCE.COM, which the USER declares to accept without reservation.
The USER, whatever his legal structure (individual entrepreneur or legal entity), expressly declares that he has been informed and accepts without reservation that FREELANCE.COM may transmit to its subsidiaries and/or economic partners, for any reason whatsoever, any USER data transmitted by the latter within the framework of these GCU.
The USER is solely responsible for the Content of the data and documents he/she places online via the Service, as well as for the texts and/or opinions he/she formulates. In particular, he undertakes to ensure that such data is not such as prejudice against the legitimate interests of any third party whatsoever. In this respect, he/she guarantees against all claims, based directly or indirectly on his/her comments and/or data, which may be brought by anyone against FREELANCE.COM. In particular, he/she undertakes to pay any sums resulting from a third party's action against FREELANCE.COM, including legal fees and court costs.
FREELANCE.COM reserves the right to delete all or part of the data, at any time and for any reason whatsoever, without prior warning or justification. The USER may not make any claim in this respect.
In accordance with Article 34 of the French Data Protection Act (Loi Informatique et Libertés), the USER is guaranteed the right to oppose, access and rectify any personal data concerning him/her.
The USER may exercise this right:
on the platform, in the Members' Area.
using the contact form provided.
by contacting us directly at contact@FREELANCE.COM.
The parties undertake to comply with the provisions of the French Data Protection Act of January 6, 1978 and the legislative and regulatory texts amending it, in particular Act No. 2004-801 of August 6, 2004 and the European Regulation of April 27, 2016 on the protection of individuals with regard to the processing of personal data (RGPD) and on the free movement of such data, which came into force on May 25, 2018.
FREELANCE.COM hereby expressly acknowledges that any personal data to which FREELANCE.COM may have access and which may be processed in the context of the performance of the present contract are the exclusive property of the USER.
Consequently, FREELANCE.COM undertakes to respect the following obligations and to ensure that they are respected by its staff and, where applicable, by its subcontractors:
To make personal data accessible and consultable only to duly empowered and authorized employees and/or subcontractors, within the strict limit of what is necessary for them to conduct the Services. In this respect, FREELANCE.COM takes all necessary measures to ensure the reliability and suitability of individuals authorized to access personal data, to ensure that any employee or person hired by FREELANCE.COM, or by a subcontractor, has undergone training relating to FREELANCE.COM's obligations under this clause. At the request of the USER, FREELANCE.COM undertakes to provide the list of said employees.
Prohibit any disclosure, access, or any other type of Processing of personal data by third parties, except as otherwise provided in this Agreement.
Ensure compliance with the best industry practices and recommendations that have been, or may be, issued in relation to the activities of each of the Parties.
Adopt all appropriate technical and organizational measures to guarantee the security, confidentiality, and protection of personal data against any unlawful disclosure, unauthorized processing, accidental loss, destruction, or alteration of personal data. These measures and safeguards must ensure at least a level of security that is appropriate and proportionate to the risks of unlawful disclosure, unauthorized processing, loss, destruction, damage, or alteration to which the personal data are exposed.
Comply with all the provisions of the European Regulation of April 27, 2016, on the protection of individuals regarding the processing of personal data (RGPD) and on the free movement of such data, as of its scheduled entry into force on May 25, 2018.
To proceed to the elimination of all personal data kept by FREELANCE.COM, at the end of the maximum conservation periods, imposed by the texts in force, according to their natures.
In any case respect the rights instituted by the RGPD, including:
The right to file a claim.
The individual's right to object
Right to erasure
Right to restrict processing
Right to data portability
Criminal offences :
The USERS of the FREELANCE.COM platform, regardless of their status, undertake to comply with French criminal law regarding offences involving racism, anti-Semitism and/or any action deemed discriminatory or offensive to human dignity.
Any document or data placed online in breach of these provisions will immediately result in the termination of the contractual link, and the exclusion of the USER, without prejudice to any legal action for compensation for damage caused.
Limits of liability :
FREELANCE.COM does not intervene in any way via its PLATFORM in the relations between CUSTOMERSAND SUPPLIERS, who remain exclusively free of their choices and actions and declare in this respect that FREELANCE.COM is strictly a third party in their contractual or extra-contractual relations unless FREELANCE.COM expressly agrees to enter into a contract with one or other of the CUSTOMERS.
Any other contractual relationship will be subject to a written agreement duly signed by the parties,
The FREELANCE.COM platform is an information platform, bringing together USERS of the site under the terms and conditions expressed in the contractual provisions available in the section entitled contractual file.
The information published on the FREELANCE.COM platform comes from sources deemed reliable. However, FREELANCE.COM cannot guarantee the accuracy or relevance of this data. Furthermore, the information provided on this platform is for information purposes only and does not constitute advice or a recommendation of any kind whatsoever.
Consequently, FREELANCE.COM cannot be held liable in any way whatsoever for the use of the information and content available on the Platform. The USER is solely responsible for the proper use, with discernment and fairness, of the information made available on the Platform.
In addition, the USER agrees to indemnify FREELANCE.COM for any damage directly or indirectly related to its use of the Service.
Access to certain sections of the FREELANCE.COM platform requires the use of an IDENTIFIER and a PASSWORD. The PASSWORD, chosen by the USER, is personal and confidential. The USER undertakes to keep the PASSWORD secret and not to divulge it in any form whatsoever. Use of the USER'S IDENTITY and PASSWORD over the Internet is at the USER'S own risk. It is the USER's responsibility to take all necessary measures to protect his or her own data against any attack.
FREELANCE.COM nevertheless undertakes to take all necessary steps to guarantee the security and confidentiality of data transmitted. The USER is informed that one or more cookies, containing no personal information, may be placed on his hard disk to ensure his identification.
The USER acknowledges that he/she is aware of the limitations and constraints of the Internet network and, in this respect, recognizes the impossibility of a total guarantee of the security of data exchanges. FREELANCE.COM may not be held liable for any prejudice arising from the transmission of any information, including that of its IDENTIFIER and/or PASSWORD, via the Service.
FREELANCE.COM shall in no event, to the fullest extent permitted by applicable law, be liable for any direct or indirect, material, or immaterial damages or losses of any nature whatsoever resulting from the unavailability of the Service or from any Use of the Service. The term "Use" is to be understood in the broadest sense, i.e., any use of the platform whatsoever, whether lawful or not.
In general, the USER undertakes to comply with all regulations in force in France.
Hyperlinks :
FREELANCE.COM provides hyperlinks to web platforms published and/or managed by third parties.
As far as no control is exercised over these external resources, the USER acknowledges that FREELANCE.COM shall in no way be liable for damages of any nature whatsoever be, relating to the provision of these resources, and cannot be held responsible for their content.
Force majeure :
FREELANCE.COM may not be held liable in the event of force majeure, third-party events, or circumstances beyond its control.
Evolution of the present :
FREELANCE.COM reserves the right to modify the terms, conditions and notices of these terms and conditions at any time.
FREELANCE.COM will inform USERS of any modification to the terms of these GCU, which will be deemed accepted by the USER within 15 calendar days, without express denunciation.
The USER is strongly advised to regularly consult the latest version of the Terms and Conditions of Use available on the platform.
Platform evolution :
The USER hereby declares that he/she agrees to any changes that may be made to optimize the FREELANCE.COM platform.
FREELANCE.COM may modify the aesthetic and functional configuration of its platform. Regardless of these modifications, the present contract will continue to be effective.
The USER will be informed of any additional offer of a new service that may entail additional financial consideration for the USER and will be able to accept it. Any refusal will constitute, at FREELANCE.COM's discretion, termination of the present contract without compensation on either side.
In any event, the absence of any denunciation for a period of 15 days constitutes acceptance of the said changes.
Online file withdrawal :
FREELANCE.COM reserves the right to withdraw a file from the site, and the SUPPLIER USER's references, in the event of a major event justifying this. This would be the case in situations where the continuation of the on-line publication could directly transmit its CV to the CUSTOMER or mislead FREELANCE/COM about the SUPPLIER's situation, situations such as: false information, contact details, false references, cessation of payment, change of company director, discovery of the non-conformity of a document in the file, this list being non-exhaustive.
In such a situation, FREELANCE.COM will suspend the online publication of the file and will give formal notice to the SUPPLIER to remedy the situation. The suspension will last until such time as FREELANCE.COM receives a valid amendment to the file.
Moderation of CVs :
FREELANCE.COM controls and verifies the compliance of the profiles and/or CVs submitted by the SUPPLIER/USER/RESELLER with the purpose and contractual provisions of FREELANCE.COM.
Any profile and/or CV that does not comply with the purpose and contractual provisions of FREELANCE.COM may be suspended.
The conformity of the profiles and/or CVs of service providers is defined in the following non-exhaustive manner:
The content of profiles and/or CVs should be as complete as possible, with precise indications of career paths and any specializations,
The content of profiles and/or CVs must contain all information and contact details enabling the SUPPLIER/USER to be identified and/or contacted directly,
The content of the profile and/or CVs must be updated regularly, and as often as a professional change, a change of contact details, etc., occurs in the USER's career.
The content of profiles and/or CVs must not harm the image of FREELANCE.COM,
The content of profiles and/or CVs must not be fanciful,
The content of profiles and/or CVs must not be contrary to legal provisions or public order,
The content of profiles and/or CVs must be expressed and entered in an intelligible way,
The content of profiles and/or CVs must not contain any discriminatory wording of any kind,
The content of profiles and/or CVs must be written in one of the languages supported by the FREELANCE.COM site, in particular French and English.
Procedure :
Profiles and/or CVs whose content contravenes the provisions of this article will be temporarily or permanently removed from the FREELANCE.COM platform.
The SUPPLIER/USER/ will be informed of this decision by email, within a reasonable period, and may remedy the situation by modifying the content of his CV. The SUPPLIER/USER will then have to request a new moderation in order to reintegrate his profile/CV into FREELANCE.COM's database of service providers.
Special provisions
The fact that FREELANCE.COM does not take advantage, at one time or another, of one of the provisions of the GCU may not be interpreted as a waiver by FREELANCE.COM to take advantage of it later.
Should any provision of the GTCU be declared null and void or ineffective, it shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null and void or ineffective was essential and decisive.
Any case of force majeure making it impossible to provide services, including the interruption of telecommunications, extinguishes the obligations of FREELANCE.COM affected by the case of force majeure. Services not performed due to force majeure will be reimbursed. However, such non-performance shall not give rise to any claim for damages.
Applicable law and jurisdiction :
The legal rules applicable to content and data transmission on and around the platform are determined by French law. In the event of a dispute that cannot be settled amicably, the Nanterre Commercial Court shall have sole jurisdiction.
Cookie processing :
The USER is hereby informed and expressly accepts that one or more cookies, containing no personal information, may be placed on his or her hard disk to ensure identification and the history of modifications. Security procedures and measures include verification of origin, verification of integrity, non-repudiation of the origin of receipt and confidentiality of communicated data with respect to third parties not authorized to access it. If you wish to delete cookies or block their collection, please refer to your browser's help section.