General terms and conditions of sale and use

3.1 The purpose of these GCSU is to determine the conditions under which MARVIN grants the Customer, who accepts it, the non-transferable, non-exclusive and personal right to use the service, the characteristics of which are specified in the previous article.

3.2 MARVIN expressly reserves the right, without compensation, to modify, for the purpose of improvement, without prior notice and at any time, all or part of the service or its terms of access and, where applicable, the presentation and/or content of the functionalities.

3.3 The GTCU are systematically sent or given to each Customer prior to subscription to the service. Consequently, the act of signing the quotation implies the Customer's full and unreserved acceptance of these GCSU, to the exclusion of any other documents in the Customer's possession, such as catalogs or advertising brochures issued by MARVIN, which will only have an indicative and non-contractual value.

4.1 The Customer accesses the online service via the Internet, through the Site, using a login and password which are communicated to him when his account is created.

4.2 The Customer will thus have access to the service in SaaS mode 24 hours a day, 7 days a week, except in the event of maintenance operations, possible breakdowns or force majeure affecting MARVIN.

4.3 The Customer is responsible for taking out a subscription with an Internet access provider, enabling him to access the Site and the service. The Customer shall ensure the compatibility of his technical environment required for access and/or use of the service.

4.4 The subscription to the service taken out by the Customer is only valid for his representatives and employees, depending on the number of effective users of the subscription chosen, and may under no circumstances be used by a Third Party. The Customer acknowledges that access codes to the service are strictly personal, confidential and non-transferable. The Customer undertakes to maintain the confidentiality of his access codes to the service and to take all necessary measures to prevent the communication of these codes which would enable Third Parties to access the service in an illicit manner.

4.5 The Customer undertakes not to resell the services included in the service to his customers or Third Parties. In the event of non-compliance with this obligation, MARVIN may immediately suspend the performance of its services, without having to justify this to the Customer.

5.1 The service accessible through the Site is regularly updated by MARVIN.

5.2 MARVIN will do its utmost to ensure that maintenance operations do not disrupt the Customer's use of the Service. If maintenance or updates result in the suspension of the service, MARVIN will notify the Customer as soon as possible.

The Contract comes into force on receipt of the customer's acceptance of the quotation, and for the duration stipulated in the quotation. At the end of the stipulated term, the Contract will be tacitly renewed for a term identical to the first commitment period, unless terminated by either of the Parties under the conditions set out in the "Termination" article of these terms and conditions.

7.1 The Customer will have the option of terminating his subscription at the end of his commitment period, by giving one month's notice sent by registered letter with acknowledgement of receipt or by email.
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7.2 Subject to provisions of public order, MARVIN and the Customer may terminate the Contract in the event of serious misconduct, not remedied within fifteen (15) days of formal notice, subject to notifying their decision to the other Party, by registered letter with acknowledgement of receipt.

Serious misconduct constitutes (i) the failure of a Party to remedy a serious contractual breach within fifteen (15) days of the formal notice sent by registered letter with acknowledgement of receipt, (ii) the total or partial non-payment of an invoice on its due date by the Customer.
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7.3 The following constitute serious misconduct within the meaning of the preceding article:
- non-payment of an invoice
- violation by the Customer of the scope of the rights granted to it under the contract
- an attempt by the Customer to intrude or undermine the integrity of the Site

7.4 In the event of early termination of the contract at the Customer's expense, whatever the cause, all sums remaining due by the Customer shall become immediately payable, without prejudice to any damages that may be due to MARVIN.

Order
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8.1 The Customer has the option of modifying his Order and correcting any errors before proceeding with acceptance of the quotation.
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8.2 The Service is provided subject to the Customer's acceptance of these GCSU. The Customer is deemed to have accepted the GTCU and the Data Protection Policy when signing the quotation.These GTCU govern the contractual relationship between the Company and the Customer, who accept them without reservation

8.3 After acceptance of the quotation, these GTCU and validation of the order, the contract is validly concluded between MARVIN and the Customer and irrevocably binds them. An email confirming the Customer's order request will then be sent to the Customer.
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8.4 MARVIN recommends that the Customer keep the information contained in the confirmation of its order request drawn up for its attention by MARVIN, on paper or in electronic form.
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8.5 Orders placed by the Customer are therefore firm and irrevocable and are subject to these GCSU.

8.6 MARVIN reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

8.7 All subscription offers proposed by MARVIN are subject to a 12-month commitment renewable by tacit agreement. Unless otherwise agreed when the quotation is signed.

8.8 How the multicasting offer works:
- When the quotation is signed, MARVIN provides the customer with a number of multicasting credits negotiated with the customer, enabling the customer to post a job advert on different job boards;
- For each credit, the customer can post a job advert on all the job boards that MARVIN makes available to the customer (excluding Hellowork)
- A job advert posted consumes a multicasting credit for the current month.
- Credits made available to the customer by MARVIN are valid for the current month only. The counter is reset on the 1st of each month.
- If a job is posted on a jobboard at the end of a new month, it will automatically be renewed and will again consume 1 credit for the following month.
- The credits allocated by MARVIN allow the Customer to post on jobboards, but in no way cover the costs incurred by the jobboards themselves, if any, which will remain the Customer's responsibility.

The job boards proposed by Marvin are divided into 3 categories and are as follows, without this list being exhaustive. It is the Customer's responsibility to choose the format in which their ad is displayed and to assume the costs if applicable:
- Free of charge only: APEC, Engagement Jeunes
- Free or paying according to customer choice: Adzuna, Joblift, Jobrapido, Monster, Talent.com
- Paying: CadreEmploi, Emploi soignant, FashionJobs, GoldenBees, HelloWork, Indeed, Jobijoba, jobintree, Jooble, Leboncoin, MeteoJob, StaffSante, Yupeek, Welcome to the jungle.
- Any request by the customer to modify the parameters of the multicasting offer and/or add features will be subject to a specific order. In the event of agreement between the Parties on the conditions, particularly financial, for adapting the offer, these will be the subject of an additional quotation.

Price

8.9 In return for access to the Service under the conditions set out herein, the Customer agrees to pay MARVIN a fee for use of the Service. In the event of early termination of the Contract for any reason whatsoever, the Customer undertakes to pay MARVIN all sums remaining due in respect of the Service fee and in accordance with the terms of commitment provided for when the quotation was signed.

8.10 The amount of the Service fee is indicated on the Site, per user, in euros and exclusive of tax. The rates indicated on the Site are those in force on the day the contract is signed.

8.11 The fee for the service is payable when the contract is signed. Payment of the service fee will be made by direct debit/wire transfer/bank card on a monthly or annual basis, depending on the plan chosen. The sums due to MARVIN do not include the cost of the Internet connection, which remains the responsibility of the Customer.

8.12 MARVIN may modify the amount of the service fee provided that it informs the Customer by any means at least five (5) days before the tariff modification takes effect. The new service fee only applies to the renewal of the service: the month following notification to the Customer for monthly payment packages, the year following notification to the Customer for annual payment packages. The Customer is free to object to the rate change by sending a cancellation request to support@marvinrecruiter.com within ten (10) days of notification to the Customer. In the absence of a cancellation request within this period, the Customer is deemed to have accepted the new remuneration for the service.

Payment

8.13 Prices are stated on the Site in the service descriptions, in euros and exclusive of tax.
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8.14 The total amount is stated in the quotation, before the Customer accepts these GCSU, validates his quotation, fills in and validates his billing details and proceeds to payment. This total amount is indicated exclusive of tax and inclusive of all taxes.

8.15 The customer's subscription is payable in euros. Payment must be made in full on the day the order is placed by the Customer, by bank transfer or by credit card to MARVIN's account.

8.16 The Customer may not, under any circumstances, make any deduction between the sums MARVIN may owe him and the sums he owes MARVIN, unless the latter expressly agrees to do so. Insofar as it is applicable, VAT will be added by MARVIN to the amounts invoiced.

8.17 MARVIN reserves the right to suspend or cancel any performance of the service in the event of non-payment or partial payment of any sum owed by the Customer to MARVIN. In the event of non-payment of an invoice on its due date, interest at the legal rate in force increased by four (4) points will automatically be applied by MARVIN until full payment, and this, without prior notification.

8.18 In accordance with Articles L.441-10 of the French Commercial Code and D.441-5 of the French Commercial Code, any delay in payment automatically entails, in addition to late payment penalties, an obligation for the Customer to pay a fixed indemnity of forty (40) euros for collection costs. Where the collection costs incurred exceed the amount of this fixed indemnity, MARVIN may request additional compensation, on justification.

9.1 The Company undertakes to respond to any complaint within a maximum of thirty (30) working days from receipt of a written request sent to support@marvinrecruiter.com

9.2 No refund will be offered for any order for an annual payment package that has been partially or totally Consumed.

9.3 No refund will be offered for any order for a monthly payment package.

10.1 The Customer is solely responsible for the use he makes of the service, in particular concerning the use and interpretation of the information made available by MARVIN as well as the actions and advice he deduces therefrom in the context of his professional practice. MARVIN will only be held liable for any legal guarantees applicable to its service, to the exclusion of any other guarantee.

10.2 MARVIN's liability for direct and proven damage caused to the Customer is limited to the amount of the order in question. Under no circumstances will MARVIN be held liable for indirect, incidental or special damages as defined by the case law of the French courts.

10.3 MARVIN shall in no event be liable for: (i) damages due to the Customer's failure to perform its obligations; (ii) any financial or commercial loss such as, for example, loss of profit, loss of customers, loss of data, any commercial disturbance whatsoever, loss of orders, which constitute unforeseeable and indirect damages and therefore do not give rise to any right to compensation.

10.4 MARVIN cannot be held responsible for non-performance of the contract in the event of force majeure as defined by article 1218 of the French Civil Code and the French courts, or in the event of damage caused by a third party or attributable to improper use or non-conforming use of the services by the Customer, in violation of MARVIN's instructions or good practice.

11.1 The service, as well as all data appearing on the Site, is protected by copyright and database rights in accordance with the French Intellectual Property Code. These elements may under no circumstances be reproduced, represented, lent, exchanged, sold, distributed or transmitted, even partially, except in cases expressly authorized by law or provided for in the contract. The functionalities of the service may not be used to infringe or misappropriate these intellectual property rights.

11.2 The Customer agrees not to use the service for purposes other than those expressly provided for in the contract, nor to distribute, publish, sell or exchange in any way whatsoever the content accessed, and more generally not to infringe, directly or indirectly, in any way whatsoever, MARVIN's rights.

11.3 The Customer undertakes not to reconstitute or attempt to reconstitute, from the data and/or by means of the service, a database aimed at offering, directly or indirectly, free of charge or for a fee, the same or a comparable service, to any third party to his company with the aim of circumventing the personalisation of access to the service from which he benefits.

11.4 More generally, the Customer undertakes not to infringe the intellectual property rights held by MARVIN on the service or any other element appearing on the Site protected by an intellectual property right, including trademarks and logos.

The provisions concerning the protection of personal data as derived from the Loi Informatique et Libertés dated January 6, 1978 amended by the Loi du 20 juin 2018 relative à la protection des données personnelles and the European Regulation on the Protection of Personal Data ("RGPD") are located in an appended document entitled "Privacy Policy" accessible at the following link: https: //marvinrecruiter.com/politique-de-confidentialite/

Each of the Parties undertakes to maintain in force, for the entire duration of the contract, with a solvent insurance company, an insurance policy guaranteeing damage that may occur to its property and personnel, as well as a policy covering its professional liability, so as to cover the financial consequences of bodily injury, material and immaterial damage for which it would be responsible, caused by any event and which would be the act of its collaborators and/or partner companies during the execution of the contract.

14.1 Applicable law: The contract shall be interpreted and governed in accordance with French law, without regard to principles of conflict of laws.

14.2 Jurisdiction: The Commercial Court of Paris shall have sole jurisdiction to hear disputes of any kind, whether on the merits or in summary proceedings, or disputes relating to the interpretation or performance of these GCSU, notwithstanding multiple defendants, incidental claims or warranty claims

14.3 Assignment: MARVIN may decide to assign or transfer the rights or obligations conferred on it by these GCSU, provided that the Customer benefits from the same obligations as MARVIN and under the same conditions.

14.4 Agreement of proof : The Parties agree that all writings, in particular electronic writings, exchanged between them as well as all data, in particular technical data, are authentic and validly prove the content of their exchanges and commitments.
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14.5 Contact: MARVIN may be contacted, at any time, by email at the following email address: support@marvinrecruiter.com or via the chatbot present on the site at https://www.marvinrecruiter.com/