General Terms and Conditions of Service
NEXT STATION, a French simplified joint stock company (Société par actions simplifiée), whose headquarters are located at 95 Avenue du Président Wilson, CS 5003-93108, Montreuil, and is registered at the Bobigny Trade and Companies Registry under number 842 888 265, with the following intra-community VAT number: FR34842888265 (hereinafter referred to as "NEXT STATION" or the "Company").
The Company runs a platform, via the website www.nextstation.com, that businesses can use to connect with job applicants with the view to sign employment contracts. For present purposes, "businesses" means private companies registered in France or legally incorporated in one of the aforementioned countries where the website is available, industrial and commercial public institutions, associations and other non-for-profit entities with legal personality, independent professions, the self-employed who declare themselves as such and acting exclusively for their professional needs and, in general, any person with a SIREN number or company identification number for companies incorporated in one of the countries where the website is available.
The present General Terms and Conditions of Service (hererin after referred to as the "Terms") are concluded between NEXT STATION, of the one part, and any company that fulfils the aforementioned conditions and would like to benefit from the Services offered by NEXT STATION.
The present Terms are completed by the Specific Terms and Conditions of Service.
Under the present General Terms and Conditions of Service, the terms below have the following meaning:
"Candidate(s)": means any job seeker who has opened an account on the Website in order to define his/her individual profile.
"Fee(s)": means the remuneration received by NEXT STATION for the use of the Services.
"Company Account": means the interface hosted on the Website giving the User Company access to the Services.
"Contract": means the contractual set consisting of these General Terms and Conditions of Service, the Specific Terms and Conditions of Service, the General Terms and Conditions Use and, where applicable, any other document agreed upon by the parties.
"Contents": means all data uploaded, transmitted or submitted by Users via the Services and Website.
"User Company": means any company that has created a Company Account.
"Login Details": means the email address and password chosen by a User Company in order to identify themselves and access a Company Account. These login details are to be used exclusively by the account holder, who is solely responsible for them.
"Job Opening(s)": means a search or searches for candidates posted by User Companies in order to find one or more Candidates to meet their recruitment needs. If a User Company requires several candidates, they will post as many Job Openings as there are positions to fill.
"Services": refers to all the features offered by NEXT STATION to User Companies through the Website.
"Website": means the online services provided by NEXT STATION at www.nextstation.com.
"User": means any person who accesses and navigates the Website including User Companies, Candidates and more generally, any internet user that accesses the Website. The services provided by the Website can be accessed: (i) by any natural person with full legal capacity to commit to the present Terms. Any natural person without the full legal capacity to possess rights and be bound by obligations may not access the Website and Services without the consent of their legal representative. (ii) by any legal entity acting through a natural person with the legal capacity to contract on behalf and in the name of that legal entity.
2. GENERAL PROVISIONS RELATING TO THE PRESENT TERMS
2.1. Purpose of the General Terms and Conditions of Service
The present Terms exclusively govern the relationship between NEXT STATION and User Companies, to the exclusion of any other document for which NEXT STATION has not given its prior and express consent.
2.2. Availability and enforceability of the Terms
The Terms are made available to User Companies on the Website where they can be consulted directly. They can also be sent up on request by telephone, email or post.
The Terms are binding to the User Company, who hereby acknowledges, by electronic signature or by ticking the box provided for this purpose, that it has read and accepted the Terms before creating a Company Account, and in general before using the Services.
The publication of a Job Opening constitutes the User Company's acceptance of the Terms in place on the day of the publication, which NEXT STATION undertakes to store and reproduce a copy of in compliance with Article 1127-2 of the French Civil Code (Code civil).
2.3. Changes to the Terms
NEXT STATION reserves the right to change the Terms at any time.
In the event that the Terms are modified, the applicable Terms are those in force on the date the Job Opening is created for which a copy dated on that date may be provided at the User Company's request.
2.4. Clauses of the Terms
The nullility of a contractual clause shall not cause the nullility of the Terms, unless this is an essential and determining clause that leads either of the parties to conclude the Contract.
3. ACCESS TO THE SERVICES
Users must create a Company Account in order to access the Services.
It is free to register a Company Account on the Website.
To do this, the User Company must go to the Website and fill in all of the information required to create a Company Account: the company name, first and last name of its legal representative, headquarters and or address for service, telephone number, SIREN number or company registration number, VAT intra-community number if applicable, email address and password.
Any company that opens a Company Account must provide accurate information that it undertakes to immediately update in the event of any changes. User Companies remain fully liable for the information provided. The fact of providing inaccurate, incomplete or out-of-date information shall automatically result in the User being denied access to the Services and the nullility of the User's registration. User Companies that create a Company Account for which they have entered a password may require this password and account to be used by several people within the company. However, NEXT STATION may not be held liable for multiple use resulting from the use of the password and account by several people within the User Company. The User Company is responsible for ensuring that the account and password are kept confidential.
In any case, the User Company may not temporarily share its Company Account and login details and other access settings with third parties. As such, the User Company must immediately inform NEXT STATION of any unauthorised use of its account and/or password.
Subscription to the Services is for an indefinite period. The User Company may unsubscribe to the Services at any time, provided that it does not have any pending Job Openings.
4. DESCRIPTION OF THE SERVICES
NEXT STATION provides the User Company with the tools and services needed to create a company account, publish Job Openings, receive lists of Candidates and be put into contact with those Candidates.
4.1. Creation of a Company Account
The creation of a Company Account allows User Companies to create a Profile on the Website through which they can post Job Openings and provide Candidates with information required for those Job Openings.
Content shown in a Profile must only relate to jobs offered by the User Company. Under no circumstances may the Profile serve as a means to promote the User Company's business.
The User Company may remove or change information contained in its Profile at any moment by going to the page provided for this purpose on the Website.
The User Company is solely responsible for information and content contained in its Profile.
The User Company is hereby informed that as a User the Contents it publishes on the Website is intended to be shared with other Users.
By publishing any Content on the Website, the User Company:
— Acknowledges and guarantees that it holds all the rights to this Content; — Acknowledges and guarantees that the Content does not infringe on the rights of third parties; — Grants NEXT STATION a non-exclusive, free worldwide license to the rights to the Content. As such, the User Company authorises NEXT STATION to store, display, represent, publish, transfer and reproduce its Content, including its logos, brands and trade names in relation to the Services.
4.2. Publication of Job Openings
User Companies are solely responsible for the Job Openings that they create and put online on the Website.
Under no circumstances shall NEXT STATION be deemed to be a recruiter, employer or representative of the latter with regard to the Job Openings posted on the Website by a User Company. As such, NEXT STATION is under no obligation to provide a response to a Job Opening.
Job Openings are created and published by User Companies via their Company Accounts. These must specify the features of the job on offer (title, function, salary, required professional qualification, place of work, in which market, etc.).
Under no circumstances may Job Openings contain:
— Hyperlinks other than those explicitly authorised by NEXT STATION; — Incorrect, false or erroneous data or data unrelated to the published Job Opening; — The names, logos or brands of companies other than those of the User Company and explicitly authorised by NEXT STATION; — Items or links to items of a sexual, violent or abusive nature that solicits personal data from persons under sixteen (16) years of age.
Furthermore, the User Company is strictly prohibited from using the Services to:
— Publish Job Openings that do not comply with the laws and regulations of the country in which the Job Openings are published or in any other country, and in particular legislation related to employment, equal opportunities, and requirements based on qualifications related to employment, data protection, the use and access to personal data and intellectual property; — Publish Job Openings that require a specific nationality or permanent residence in one of the countries as a condition for employment, unless such a condition is required by law; — Publish Job Openings that are "discriminatory" and/or impose checks or specific criteria for the job without such checks or criteria being legally mandatory; — Publish Job Openings and other advertising on behalf of NEXT STATION's competitors or publish Job Openings or other content that contains links to NEXT STATION's competitor websites; — Sell, promote or advertise products or services; — Publish Job Openings that refer to franchises, pyramid schemes, club memberships or distribution, concession or commercial agency agreements; — Publish Job Openings on business opportunities that require advance or periodic payment; — Publish Job Openings on commission-only business opportunities unless the Job Opening clearly specifies this fact and accurately describes the product or sale to be sold by the Candidate; — Promote opportunities that are not serious Job Openings; — Publish advertising for sexual services or seeking staff for activities of a sexual nature; — Solicit or promote the trade of the human body or organs, including in particular assisted fertilisation services such as egg donation or surrogacy. — Promote a political party, programme, position or subject; — Promote a religion; — Publish Job Openings for roles based in a country in which NEXT STATION does not exercise its activity; — Publish Job Openings that require candidates to provide information about their ethnic or racial origin, political beliefs, philosophical or religious beliefs, membership in a trade union, physical or mental health, sexual preferences, legal background (unless permitted by law), or age.
NEXT STATION reserves the right to, at its sole discretion, remove any Job Opening and/or content published on the Website that does not comply with the aforementioned conditions or of which the content could harm NEXT STATION or its Users.
4.3. Providing a list of Candidates
NEXT STATION shall take due care to use its best efforts to send the User Company a shortlist of suitable Candidates based on the criteria set by the Job Opening.
For this purpose, the User Company accepts to receive notifications and information from NEXT STATION, by post or any electronic means (email, phone, fax, SMS, etc.)
For each preselected Candidate, the User Company receives information related to the Candidate (résumé, if necessary, telephone number, email address, etc.). It may also access the profile created by the Candidate on the Website.
The User Company undertakes to use the information received and that appears on the Candidate profile in compliance with the Website's General Terms and Conditions of Use, the present General Terms and Conditions of Service and in general all existing laws and rules as well as personal data protection regulations. The User Company shall not disclose information obtained this way to third parties.
The User Company undertakes to take all necessary measures to protect data related to Candidates, in particular against the theft, misuse, unauthorised access, advertisement, alternation or destruction of this data.
Only Candidates are responsible for information related to them that they post on the Website. NEXT STATION does not guarantee the accuracy, validity or relevance of this information. NEXT STATION does investigate into a Candidate's experience or background or in general verify their declarations.
Information related to Candidates may not be used under any circumstances:
— For any other purpose than of a company looking to hire staff; — To look for or contact Candidates with the view to hire them outside of the framework defined by the present Terms.
To provide all Users with a secure and efficient service, NEXT STATION reserves the right to limit the quantity of data accessible to Users. The scope of these limits may be changed at any time, at NEXT STATION's sole discretion.
4.4. Connecting User Companies to Candidates
It is up to the User Company to select Candidate(s) that meet the requirements of its Job Opening from the shortlist provided by NEXT STATION. The User Company is free to accept or not a Candidate that does perfectly fit with the Job Opening published. User Companies can directly contact Candidates to arrange an interview, that may or may not lead to the conclusion of an employment contract.
User Companies undertake to inform NEXT STATION about the recruitment process taken for the Candidate(s) that NEXT STATION pre-selected (and in particular about the outcome of interviews).
Should an interview prove to be unsuccessful, NEXT STATION may offer the User Company one or more other Candidates.
As NEXT STATION is not a party to the employment contract that may be concluded between the User Company and a Candidate after being connected through NEXT STATION and only acts as the site host and intermediary connecting User Companies and Candidates, the User Company remains solely responsible for all obligations, risks and other aspects related to the employment relationship, including the conclusion and execution of the employment contract.
Moreover, the User Company is forbidden to forgo the use of the Site and Services by attempting to recruit a Candidate identified during the use of Services, by any means that would constitute a breach of the present Terms. This prohibition shall apply for a period of eighteen (18) months following the date on which NEXT STATION has provided the User Company with information enabling it to contact the Candidate.
5. COMMUNICATION – TECHNICAL SUPPORT
5.1. Communication between the parties
As part of the use of the Site and Services, NEXT STATION and the User Company may communicate by any means determined by NEXT STATION (email, post, fax, SMS, phone call, etc.).
5.2. Technical Support
NEXT STATION provides User Companies with technical assistance to complete their profiles, express their needs and generally respond to any queries or difficulties regarding the operation of the Website and/or Services.
For this purpose, the User Company may contact NEXT STATION by email at email@example.com.
6. HOSTING - AVAILABILITY
NEXT STATION undertakes to use all of its means to have the Website and its features available 24/7, except in the event of force majeure beyond NEXT STATION's control and subject to breakdowns or maintenance required for the Website to run properly.
However, NEXT STATION may not be held liable for any disruptions, interruptions or malfunctions that it has not caused and that could impact transmissions over the Internet and more generally by the communications network, regardless of their size or duration.
It is specified that NEXT STATION reserves the right to temporarily interrupt access to the Website or suspend all of part of the Services for maintenance, upgrades or to install new features, for the performance audit or in the event of a malfunction or threat of malfunction.
7. INTELLECTUAL PROPERTY
All the elements that make up the Website (texts, logos, software, photographs, images, videos, sounds, maps, names, logos, trademarks, various copyrightable works and creations, databases, etc.) as well as the Website itself, are governed by French and international laws on copyright and related rights.
These elements are the exclusive property of NEXT STATION, except the elements made external parties who have not assigned their copyright.
Any representation or reproduction, in whole or in part, of the Website and its content, by any process whatsoever, without NEXT STATION's prior and express consent is prohibited and will constitute an infringement in accordance with the provisions of the French Intellectual Property Code.
In particular, NEXT STATION explicitly prohibits:
— The extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium, by any means and in any form whatsoever; — The reuse, by all or a qualitatively or quantitatively substantial part of the contents of a database being made publicly available, whatever the form.
NEXT STATION may only be held liable in the event of proven fault.
The User Company may request to be connected to one or more candidates through the Website. It is noted that NEXT STATION remains a third party to any employment contract directly concluded between the User Company and Candidate and, in general, to the employment relationship between the User Company and the Candidate, and therefore may not be held liable for this.
In addition, under no circumstances may NEXT STATION be held liable:
— if access to the Website is temporarily blocked due to technical maintenance operations or for the updating of posted information. User Companies hereby acknowledge that NEXT STATION may not be held liable for the malfunction or interruption of the networks or electronic devises of the Website's Users; — in the event of a viral attack; — in the event of abnormal or illegal use of the Website; — with respect to the content of third party websites opened by hyperlinks present on the Website; — in the event non-compliance with these Terms attributable the User Company; — in the event of a late or non-performance of its obligations where the delay or non-performance is related to a case of force majeure; — for a cause that cannot be imputed to NEXT STATION; — in the event of an unlawful act by the User Company or of a breach of contract by the User Company.
In addition, due to the very nature of the Internet (the interconnection of a multitude of users independent of each other), it is impossible to guarantee the global running of networks in their entirety. Therefore, NEXT STATION cannot be held liable for any harm whatsoever that it did not directly cause.
Under no circumstances may NEXT STATION's liability be held, whatever the type of action brought, for any indirect damage of any kind, including but not limited to, financial or commercial damage, loss of earnings, business disruption, loss of profit, harm to a third party, or any action brought by a third part against the User Company, as well as the resulting effects, in relation to the present Terms or their execution. The User Company is solely liable for any direct or indirect, material or non-material damage, he/she causes to NEXT STATION or third parties through his/her use of the Services.
The parties explicitly agree that the stipulations of the present clause shall continue to apply even in the event of the termination of these Terms by a final court ruling.
9. FORCE MAJEURE
NEXT STATION shall not be held liable, or be deemed to have failed to comply with these General Terms and Conditions of Service, for any non-compliance, where the cause of the non-compliance is linked to a case of force majeure as defined by the case law of the French courts and tribunals, including in particular in the event of hacker attacks or interruption, suspension, reduction or disruption of electricity or any interruption of electronic communications networks, and generally in the event of the occurrence of any circumstance or event beyond NEXT STATION's control that occurs after the conclusion of the present Terms and preventing the execution under normal conditions.
It is specified that, in such a situation, the User Company may not claim payment for any damages and may not bring any action against NEXT STATION.
In the event of any of the above events, NEXT STATION will endeavour to inform the User Company as soon as possible.
10.1. Termination for fault
Should either party fail to comply with any of its obligations, and except in cases of force majeure, the other party may inform it to comply with its commitments by any means with express mention of its intention to terminate the contract if these commitments are not complied with. If the offending party fails to remedy its default within a period of 15 (fifteen) days from the date of first presentation of the notice, the other party may automatically terminate the contract by any means.
10.2. Non or poor performance by the User Company
In addition, in the event of non or poor performance by the user Company of its obligations under these present Terms and the Specific Terms and Conditions of Service or any existing legal provisions and/or the rights of third parties (including intellectual property rights), NEXT STATION reserves the right to take one or more of the following sanctions:
— Remove Job Opening(s) referenced on the Website that does/do not comply with the aforementioned stipulations; — Restrict/limit or deny/suspend access to the Website and/or Services and/or the use thereof.
In addition, in the event of non-compliance with the present Terms and the Specific Terms and Conditions of Service, NEXT STATION reserves the right to temporarily or permanently suspend the said User Company's access to the services, by suspending or terminating these terms and conditions in accordance with section 10.1.
10.3. Consequence of termination
In the event the contract is terminated for any reason whatsoever, all of the sums owed by the User Company to NEXT STATION at the date of the termination shall be immediately due and payable. The User Company and User Company's Job Openings shall be immediately deleted from the Website.
Each of the parties undertakes to take out a professional liability policy with an insurance company known to be solvent, for the duration of performance of the contract, in order to cover the pecuniary consequences of bodily harm and material and immaterial damage, caused by any event, for which they are liable and were the work of its collaborators and/or possible partner companies in performance of the General Terms and Conditions of Service.
12. PERSONAL DATA PROTECTION
Each party shall ensure that the other party complies with its legal and regulatory obligations in accordance with its role in the protection of personal data.
Information and data related to any natural person representing the User Companies are processed by NEXT STATION; unless otherwise stated, they are required to access the Services. Such information and data is also kept for security purposes, to respect NEXT STATION's legal and regulatory obligations and to allow NEXT STATION to improve and customise services offered to users of the Website, as well as information sent to the User Company. In this case, the User Company may receive information by email sent by NEXT STATION regarding the Services.
In compliance with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR"), the French Data Protection Act of 6 January 1978 and its implementing regulations, the User Company has the right to access, rectify, erase, restrict the processing of and oppose its personal data under the terms provided by law. To exercise these rights, the User Company must write to the following address: firstname.lastname@example.org. The request must provide the first and last name and email address of the person making the request and the User Company's contact details. In compliance with the regulations in place, all requests presented for this purpose must be provided with a photocopy of a proof of identity bearing the signature of the person making the request and specify the address to which the reply must be sent. You will be sent a reply within two months upon receipt of the request.
With regard to the data concerning Candidates responding to the User Company's Job Openings, collected in for the use of the Services, NEXT STATION will inform the Candidates that this data is to be used by NEXT STATION, and that any information required to be put into contact with a User Company will be sent to that User Company for this purpose only.
The User Company irrevocably undertakes to use Candidate's personal data sent by NEXT STATION solely for the purposes of their recruitment process and to fulfil any legal obligations related thereto. The User Company undertakes to store this data in compliance with applicable laws and regulations. The User Company is prohibited from using, hiring, selling, reselling or copying this data for any other purpose.
13. GENERAL PROVISIONS
The headings of articles in the present Terms are provided as reference only and do not hold any contractual value or special meaning in themselves.
The failure of one of the parties to pursue any remedy related to the failure of the other party to comply with any of its obligations or undertakings under the present Terms shall not constitute an irrevocable waiver of the right to pursue such remedy in respect of such failure or any subsequent failure to comply.
Should any of the provisions of these Terms be declared void in relation to any legislative or regulatory provision in force and/or any judicial decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other provisions which shall remain fully applicable.
14. DISPUTES AND APPLICABLE LAW
The present Terms and the relationship between the User Company and NEXT STATION are governed by French law.
In the event of a dispute between the parties concerning the validity, interpretation, performance or cancellation of the present Terms, the Parties shall endeavour to settle this dispute amicably, if necessary by any means of alternative dispute settlement.
UPON FAILURE TO REACH AN AMICABLE SETTLEMENT, THE DISPUTE SHALL BE SUBJECT TO THE COMPETENT COURTS OF PARIS.