Terms and conditions of sale

1. Purpose and scope

These terms govern the sale, by I.R.I.S. FORMATION CONSEIL, a French simplified joint-stock company with share capital of 1,000 euros, registered office 9 rue des Colonnes, 75002 Paris, France, Paris trade register 905 385 928, hereinafter "the operator", of the paid offers of the TalentsHotels website.

They apply to any client acting for professional purposes, hereinafter "the client". Accepting them is necessary for any order, and that acceptance is recorded with its date.

These terms do not concern candidates: no function of the site is subject to payment for them.

Where they contradict the terms and conditions of use, these terms prevail as regards everything concerning the paid offers.

2. The offers

The offers and their prices appear on the site's pricing page, which is their only up-to-date reference. Two families coexist, and the difference that matters between them is renewal.

2.1 The single-payment offers

They are paid once and do not renew.

• the single advert, published for thirty days, for establishments and agencies alike, including in its variant reserved for certified agencies
• the ProfilerTonus services, singly or in packs of five, ten or twenty-five positions

2.2 The subscription offers

They renew automatically at each due date, for a period identical to the previous one, at the rate in force on the renewal date.

• the Unlimited monthly offer, renewed every month
• the Unlimited annual offer, renewed every year
• their equivalents reserved for recruitment agencies, monthly and annual, including in their variant for certified agencies

3. Prices

Prices are stated in euros and exclusive of tax. The applicable value added tax is added at the rate in force, according to the regime applicable to the client and to their country.

The operator may change its prices. The applicable price is the one displayed at the time of the order; for a subscription, the one in force on the date of each renewal.

4. Ordering and payment

The order is placed online from the client's area. Payment is handled by Stripe.

Bank card data is entered at Stripe and does not pass through the site, which keeps none of it.

The order is firm as soon as payment is collected. The service is opened immediately afterwards.

5. Renewal, reminder and termination

5.1 Renewal

The subscription offers listed at point 2.2 renew automatically at each due date, for a new period of the same duration, at the rate in force on that date.

5.2 Reminder before renewal

Fifteen days before each due date, the operator sends the client, in the language of their account, an email recalling the date of the renewal, the amount of the last period invoiced and how to terminate. That email cannot be switched off through the notification preferences.

5.3 Termination

The client may terminate at any time from the "My subscription" page of their area, at the latest on the day before the due date.

Termination takes effect at the end of the period already paid for. The client keeps access to the service until that date, and the current period is not refunded, even in part.

If termination from the client area is unavailable, it may be requested by email to [email protected]; it takes effect on the same terms.

The single-payment offers of point 2.1 do not have to be terminated: they end by themselves.

6. Invoicing

A numbered invoice is issued for each payment. It is sent by email and remains available in the client's area.

The client provides and keeps up to date their billing identity: company name, address, SIRET number and, where applicable, intra-community value added tax number. An invoice issued on the basis of erroneous information provided by the client gives rise to no correction at the operator's expense.

7. Late payment

Any sum not paid when due bears interest as of right, without prior formal notice, at the statutory interest rate applicable to business debts.

To that is added a fixed indemnity of forty euros for recovery costs, in accordance with article L. 441-10 of the French Commercial Code, without prejudice to the reimbursement of recovery costs actually incurred that would exceed that amount.

8. Suspension in the event of non-payment

In the event of a payment default persisting eight days after a reminder, and after informing the client by email, the operator may suspend access to the paid functions until payment, without that suspension giving rise to any indemnity or extending the period paid for.

Adverts already published may be withdrawn during the suspension.

9. No right of withdrawal

As the client acts for professional purposes, the right of withdrawal provided for by the French Consumer Code does not apply.

10. Liability

The operator provides a service for publishing adverts and making introductions. It guarantees no result: neither a number of applications, nor the quality of the applications received, nor the recruitment of a candidate.

The operator's liability, on all grounds combined, is limited to the total amount of the sums actually paid by the client over the twelve months preceding the triggering event.

Indirect damage is excluded, and in particular:

• loss of turnover
• loss of customers
• loss of data
• damage to reputation
• the failure or delay of a recruitment

These limitations apply neither in the event of gross or intentional fault of the operator, nor in the event of personal injury, nor in the other cases where the law sets them aside.

11. Force majeure

Neither party is liable for a failure resulting from a case of force majeure within the meaning of article 1218 of the French Civil Code. The following are regarded as such in particular, to the extent that they meet that definition: a major failure of a network or of a hosting provider, a large-scale cyber-attack, a decision of a public authority preventing performance.

If the impediment lasts more than thirty days, either party may terminate by email, and the sums corresponding to the period not served are refunded pro rata.

12. Personal data

The processing of personal data is described in the privacy policy.

As regards the candidates' data that the client receives, the client is an independent controller, under the conditions of article 6 of the terms and conditions of use, which includes an indemnity undertaking towards the operator.

13. Evidence

The records kept by the operator's systems — acceptance of the documents and its date, orders, payments, invoices issued — are evidence between the parties, until proof to the contrary.

14. General provisions

If a clause is held void or inapplicable, the others remain in force.

A failure to rely on a breach does not amount to a waiver of the right to rely on it later.

These terms are drawn up in French. Where a translation and the French version diverge, the French version prevails.

15. Amendment

These terms may be amended. The version applicable to an order is the one in force on the date of that order. For a current subscription, a substantial amendment is brought to the client's attention at least fifteen days before it takes effect, and their acceptance is requested again at the next sign-in; a client who refuses may terminate under the conditions of point 5.3.

16. Governing law and jurisdiction

These terms are governed by French law.

Any dispute falls within the exclusive jurisdiction of the Paris commercial court, including where there are several defendants or a claim for indemnity.

Before bringing any action, the parties are invited to seek an amicable solution, in writing, at [email protected].