Date of update : 03/25/2021
Application of the general conditions for the provision of services
Refty is an online platform, accessible via the refty.co site, edited by the KARTEL Company, which allows the Client to collect information held by colleagues and employers about a Candidate, concerning the capacities, skills, work, attitude or professional experience as well as any determining factor for success in a job or professional career
These general terms and conditions for the provision of services (hereinafter “GCS”) are applicable to all Refty services except for express and written derogations in the detailed estimate (hereinafter “Quote”) sent to the Customer. Any contrary stipulation that may appear in the GCS or any other contractual document issued by the Customer is unenforceable against Refty. These terms and conditions will also apply to future contractual relations with the Customer, without prior notification.
If you are a Candidate or Referrer, we invite you to consult the General Conditions of Use here.
Access to the Platform is subject to the Customer's compliance with the GCS. In this regard, the Customer declares to have read the GCS and to have accepted it without reservation before calling on the services of Refty.
If you have any questions about this document and our services, please contact us at email@example.com.
Definitions and interpretation
In this GCS, the following terms have the following meaning:
“Subscription” means the subscriptions to which the Customer can subscribe on the Platform. These can be for a month, six months or a year. The subscription may have another duration as indicated in the Quote accepted by the Customer.
"Candidate" means the person who applied for the Client and for whom the Client wishes to collect references and who has been invited to the Platform.
"Customer" means the legal person having accepted and signed this GCS issued by Refty, as well as the Quote, if applicable.
"Agreement" or "Contract" means this GCS.
"Special Conditions" means the special conditions which may be concluded between the Client and Refty concerning the services provided by the latter and which are specified in the Quote accepted by the Client.
"Breach" means any act, declaration, omission, breach of an obligation (whether express or implied, a condition or a guarantee) contained in this GCS or agreed before or concomitantly with the conclusion of the Contract.
"Parties" means Refty and the Customer
"Platform" means Refty's online solution, accessible at www.refty.co
“Services” means the services, which consist of collecting the Candidate's references on behalf of the Client by contacting the Referents.
"Referent" indicates the person designated and invited by the Candidate with whom the latter has worked, who is working to answer a questionnaire on the Candidate that Refty will communicate to the Client once completed
“Refty” is the trade name of KARTEL, a simplified joint-stock company with a capital of 1,500 Euros, registered with the Paris RCS under number 843 550 682 and having its registered office at 8 rue Saint Marthe, 75010 Paris.
Subject - Services provided by Refty
The reciprocal obligations between Refty, acting within the framework of its activity of collecting references from the Candidate, and the Client are defined by this GCS, as well as by the Special Conditions.
Any Service performed by Refty for the Customer is governed exclusively by this GCS and, where applicable, by the Special Conditions which constitute the applicable contractual conditions agreed by the Parties.
Duration of Services
This Contract begins to run from the date of provision of the service agreed in the Quote or of the subscription to a Subscription on the Platform.
The Subscription period subscribed is a firm commitment period for the Parties.
At the end of the Subscription period, the Contract will be renewed by tacit agreement, by successive periods equivalent to the duration of the Subscription previously put in place.
The Customer may terminate the tacit renewal of the Subscription by denouncing it within the following deadlines:
- Monthly subscription: 10 days before the subscription renewal date
- Six-month subscription: 15 days before the subscription renewal date
- Annual subscription: 1 month before the subscription renewal date
Any termination of the Subscription must be done on the Platform or by email with acknowledgment of receipt.
In any event, Refty may terminate the Contract at any time by registered email with acknowledgment of receipt, subject to a fifteen-day notice period.
Any termination of the Contract by a Party which takes place under the above conditions will not give rise to the payment of a sum of money or compensation, for any reason whatsoever, to the other Party.
Price of Services
The price for the Services provided by Refty is set in the Quote communicated to the email address indicated by the Customer and accepted by the latter or directly on the Platform (hereinafter the "Price").
The Price is due and billed upfront to the Customer upon subscription of a Subscription on the Platform by the Customer or upon acceptance of the Quote by the Customer and, where applicable, on the subscription renewal date.
Refty may occasionally offer free access to all or part of the Platform for a limited time in order to make itself known.
Price changes for services
In the event of changes in the Services provided or in the Platform, Refty reserves the right to revise the Price.
The new pricing conditions will apply from the subscription renewal date.
Refty undertakes to notify the Customer within a reasonable time so that they can, if necessary, end their collaboration.
Payment terms and security
Payments are made no later than thirty (30) days following the date of issue of the invoice, unless expressly stated otherwise in writing in the Special Conditions.
Payment is made by bank transfer to the bank account communicated by Refty or by credit card on the Platform.
Under no circumstances may payments be suspended or be the subject of any set-off or withholding.
Complaints relating to invoices must be reported without delay, which in no way affects the due date of payment.
Payments must be made in full, in euros (unless another currency has been agreed in the Special Conditions) without deduction or compensation of any kind.
Any delay in payment automatically entails the liability of interest per day of delay, the rate of which is equal to that applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, in accordance with the provisions of the Commercial Code.
Interest is calculated on the amount including tax of the principal due.
Interest is payable without any formal notice being necessary.
Pursuant to article D. 441-5 of the French Commercial Code, in the event of late payment, the buyer will be automatically liable to Refty, in addition to the late penalties, already provided for by law, for a lump sum indemnity for recovery costs of 40 euros.
Refty reserves the right, when the agreed price is not paid when due, to end the collaboration with the Customer by informing them by email of the closure of their access to the Platform and to keep the deposits paid as compensation.
In addition to interest and the lump sum recovery indemnity, compensation of 15% of the amount of the receivables will be due by the defaulting customer covering the ancillary costs incurred by Refty.
Commitments of the Parties
Commitments of Refty :
Refty guarantees to the Customer the proper performance of its Services, as defined in this GCS and in accordance with the rules of the art and best practices.
Refty will make every effort to ensure that Referrers complete questionnaires on Candidates.
These commitments constitute an obligation of means and not of results.
In any event, Refty cannot be held responsible, in the event that the Client who has entered into an employment contract with the Candidate who has been the subject of a collection of references by Refty, notices that the relationship of work with the Candidate does not correspond to the indications given by the Referents.
In this case, Refty will not be required to return to the Customer the sums paid for the Services provided.
As part of the use of the Platform, the Customer undertakes to comply with the provisions described in this GCS and with the laws in force, and to respect the rights of third parties.
The Customer also undertakes to comply with the following obligations:
- Accuracy of the information provided on the Candidate:
In order for Refty to properly deliver its Services, the Customer undertakes to provide exact information about the Candidate.
- Compliance with the provisions of the labor code:
The Client undertakes to comply with all the provisions of the labor code applicable to the hiring of the Candidate.
Refty cannot be held liable in the event of the Customer's failure to fulfill their obligations as an employer.
- Payment of the price:
The Customer undertakes to pay for the services provided by Refty in accordance with this GCS and Quotes.
Intellectual property and integrity of the Platform
Content edited by Refty
The content of the Platform, in particular its structure, design, interfaces, databases, texts, digital content, brands, as well as referencing HTML tags (meta-tags) to the exclusion of content belonging to third parties are the exclusive property of Refty. This content is protected by the provisions of the Intellectual Property Code and by any national or international text in force applicable to intellectual property law.
The Customer is authorized to display the pages of the Platform on their screen only for personal consultation on a temporary basis and according to the purposes defined in this GCS and, where applicable.
Any reproduction, distribution or use of all or part of the content of the Platform in any form whatsoever without the express prior authorization of the Company is prohibited and would constitute an infringement, punishable in particular by articles L.335-2 and following of the Code of Intellectual Property.
The Customer is also prohibited from:
Carry out extractions by temporary or permanent transfer, or use by making available to the public, all or a substantial part in quantitative or qualitative terms of the Platform and other databases visible on the Platform, to for commercial or other purposes;
Repeatedly and systematically extract or use all or part of the information visible from the Platform, when such an operation clearly exceeds normal and private use of the Platform;
Operate, market or distribute any component of the Platform, in particular the visible information of the Platform and any other database;
Use devices or software for the purpose of disrupting or attempting to disrupt the proper functioning of the Platform; or implement actions that would impose a disproportionate load on our infrastructure.
In the event that Refty does not receive payment for two monthly installments, then Refty reserves the right to unilaterally terminate the contract without notice.
In the event that the Client improperly uses the information communicated on the Platform relating to the Candidate or the Referrer, then Refty reserves the right to terminate the contract unilaterally without notice.
Exclusion of warranty and liability
Refty does not guarantee the suitability of Candidates for the position concerned. It is up to the Client to judge the advisability of hiring the Candidate concerned. The Client remains solely responsible for hiring Candidates whose references have been collected by Refty.
The responsibility of Refty can not be engaged if the Candidate does not give satisfaction to their position.
The Client acknowledges that they are solely responsible for the use they make of the report on the references on Candidates which is sent to them by Refty.
Refty's liability is limited to direct material damage to the exclusion of any indirect damage of any kind.
Under no circumstances will Refty be required to compensate for non-material damage resulting or not from material damage such as, in particular, operating losses, production losses, loss of profit, loss of profits, loss of contract, loss of image, loss of an opportunity, commercial damage, additional production costs, downtime of personnel or equipment as well as any indirect damage.
Likewise, Refty cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a disruption of service, an external intrusion, the presence of computer viruses or the loss or alteration of data.
IN ANY CASE, IF REFTY'S RESPONSIBILITY IS ENGAGED, REFTY'S GUARANTEE SHALL BE LIMITED TO THE AMOUNT EXCLUDING TAX PAID BY THE CUSTOMER FOR THE PROVISION OF THE SERVICES.
Refty cannot be held liable for damages resulting from errors arising from documents or information provided by the Customer.
Refty would also be exempt from all liability in the event that the Customer does not provide all the information necessary for the performance of the Services.
In the absence of reservations or complaints expressly made by the Customer during the delivery of the Services, these will be deemed to comply with their request, in quantity and quality.
In order to assert their rights, the Customer must, on pain of forfeiture of any action relating thereto, inform Refty, in writing, within 10 days of the provision of the Services, of any reservations or complaints regarding quality compliance, with all supporting documents, with Refty.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
Refty will not be held liable towards the Client or may not be considered as having breached any of its obligations due to a delay in performance or due to the non-performance of its obligations regarding the performance. of its Services in the event of force majeure as defined by French case law in force at the time of the occurrence of the event (hereinafter "Force Majeure Event").
In the event of a Force Majeure Event, Refty will notify the Customer in writing, in particular by email unless it is prevented from doing so by said event, within two (2) working days of the date of its knowledge of the Force Majeure Event.
The performance of the Services is then automatically suspended without compensation, from the date of the occurrence of the Force Majeure Event and for the duration.
If the Force Majeure Event were to last more than thirty (30) calendar days from the date of its occurrence or should, although shorter, constitute a definitive impediment, the sale may be terminated by the most diligent, without Refty or the Client being able to claim any damages whatsoever in this regard.
This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt.
Availability of Services
The Platform is normally accessible to the Customer 24 hours a day, 7 days a week and all year round, except in the event of temporary interruption, whether intentional or not. Refty does not guarantee that the operation of the Platform will be uninterrupted, free of any error. In addition, Refty reserves the right to suspend access to the Platform from time to time for the purposes of performing maintenance and updating operations.
Being through its activity subject to an obligation of means, Refty cannot be held responsible for any type of damage caused by the unavailability of the Platform.
Protection of personal data
Users are informed that the personal data collected may be subject to computer processing in accordance with Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms, as amended (known as the Law Data Protection) as well as EU Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR).
The Parties undertake to treat as confidential all information of which they become aware in the context of their relationship (activity data, information on the Candidate, information on the Referent, commercial information, etc.).
The provisions of this article shall not, however, apply to confidential information of which the receiving Party can prove:
- that they were, at the time of their communication, already in the public domain or that they have subsequently become so because of a third party in good faith, through no fault on their part or on their employees and / or agents;
- that it lawfully obtained them, in their entirety, from a source independent of the issuing Party;
- that it lawfully obtained them from a third party not required to keep them confidential.
Modification of the GCS
Refty reserves the right to modify this GCS at any time, subject to informing Customers individually thereof electronically.
The applicable GCS is that in effect on the date of registration on the Platform by the Client.
In the event that all or part of the provisions of the GCS would be considered illegal, unenforceable or inapplicable by a court decision, the other provisions or agreements will remain applicable, provided that the general scheme of the contract is not upset. The invalid provision will be replaced by a valid provision, coming as close as possible to the economic goal pursued by the Parties.
Any reference herein to a provision of a law should be interpreted as referring to that provision as amended, re-enacted or extended at the time of such reference.
In the event of contradictions between the provisions of this GCS and the Special Conditions, the provisions of this GCS prevail over the others, unless it has been expressly provided otherwise.
Any modification hereof will only be effective with the written consent of the duly authorized representative of Refty.
The fact that a Party does not require strict compliance with any obligation of this GCS, on any occasion whatsoever, will not be considered a waiver of any of the aforementioned rights and will not deprive that Party of the right to demand strict compliance with this obligation or any other obligation of this GCS at all times.
Applicable law and competent jurisdiction
The Parties expressly recognize and declare that they will make their best efforts to favor an amicable solution in any situation of blockage. The other Party is notified of the amicable settlement by registered letter with acknowledgment of receipt.
It sets out the grounds for the dispute or dispute as well as the documents justifying the merits of the request.
The Parties will meet within 10 working days from the date of receipt of the aforementioned request.
This Agreement and the Services provided within this framework are governed by French law and interpreted in accordance with it.
All disputes, which have a link with these GCS will be submitted exclusively to the Commercial Court of Paris, even in the event of multiple defendants.