L'emploi international en ligne avec Evajobs

General conditions of sale of Evajobs

 1. DEFINITIONS AND DURATION

1.1 The supply of products and services by our care is subjected to the present general terms (“conditions”).

1.2 The duration of this Contract (“Duration”) will begin at the date from your acceptance from these conditions (the “Date of Effect”) and will expire at the scratch date of the last of the periods of effect of the products that you bought to us.

1.3 Any reference to “us” or to (with) “our (S)” corresponds to EVA Corporation, limited liability company to the capital for €6000, whose head office is located 18 avenue des flowers, 94170 Perreux on Marne, France, and identified under the single number 504.511 148 R. C.S. Creteil like all our successors or having rights. Any reference to “you” or to (with) “your (S)” corresponds to the company buying the products and services specified on any invoice. Any reference to the “Contract” corresponds to the invoice, the present conditions, the Conditions of use of the Site, such as defined below, and to all other particular conditions. In the event of conflict between the present conditions and the Conditions of use of the Site, the present conditions will prevail.

2. INSCRIPTION

2.1 The coordinates which you provide at the time of your inscription as user of the site currently located at address URL http://www.evajobs.com (the “Site”) are important and must be sincere, complete and exact. You agree to immediately notify to us any relevant modification concerning your inscription by informing us with the following address e-mail: contact@evajobs.com. After your inscription in the capacity as user of the Site, you will have the right to use the Site under the conditions envisaged by this Contract and the Conditions of use of the Site.

2.2 At the time of your inscription, it to you will be provided a strictly personal identifier and a password, that you commit yourselves preserving confidential.

3. YOUR INFORMATION

3.1 We will respect your information and we commit ourselves conforming us to all the laws and payments currently in force in France applicable to the data protection in personal matter. Except whenever we would be constrained there by the law or in the cases permitted by the present conditions, we will not reveal information that you provided us at the time of your inscription to thirds without your assent.

3.2 In order to protect the integrity from the Site, we reserve ourselves the right to communicate your coordinates with any public authority which would require it, including the police force. We will be able to also communicate your coordinates if we receive a complaint concerning your use of the Site and if this use appears contrary with the present conditions.

4. INTELLECTUAL PROPERTY LAWS

The present conditions do not confer to you any right concerning the royalties, the marks or all other intellectual property laws relating to the Site, others that the limited rights of use of the service object of your order, in accordance with the terms of these conditions. Moreover, any advertisement or produces that you publish on the Site under the present ones and all the elements which compose them as all the related intellectual property laws are there and will remain at any moment your property. Except in the cases permitted by the law, you accept not to copy, modify, or décompiler whole or part of the Site. You commit yourselves by the present ones compensating us for any damage in the event of counterfeit or violation for any intellectual property law which would be caused by nonthe respect of your share of these conditions and the Conditions of use of the Site.

5. OUR OBLIGATIONS HAS YOUR REGARD

We will make our best efforts to maintain the Site without dysfunction nor error. We do not assume any responsibility for any defect for access to the Site caused by a software which you use when you enter of information on the Site.

6. YOUR OBLIGATIONS HAS OUR REGARD

6.1 You agree to use the Site only in conformity with the present conditions and the Conditions of use of the Site as well as the laws and payments applicable. In particular, you will not use the Site in order to publish, transmit, distribute or create a bond with any element (I) untrue or misleading, (II) discriminatory (in particular within the meaning of the articles L. 225-1 and following of the Penal code), defamatory, abusive or contrary with the moralities, incentive with discrimination, hatred or the violence with regard to a person or of a group of people at a rate of their origin or their membership or not of an ethnos group, a nation, a race or a determined religion, or of their sex, their sexual orientation or their handicap, (III) bearing invasion of privacy (in particular within the meaning of the articles L. 226-1 and following of the Penal code) or with the law and order, (iv) violating the legal tendencies relating to the press (in particular the law of July 29th, 1881 on freedom of the press) or to protection of youth (in particular the law n°49-956 of July 16th, 1949) or (v) otherwise detrimental with regard to the thirds.

6.2 You also agree to conform you to the provisions of the Labor regulation relating to the process of recruitment and decision makings relating to employment, in particular the relative tendencies with discrimination and the articles L. 122-45 and following Labor regulation.

6.3 You accept not to use or try to use any search engine, software, tools, agent or another system or mechanism (including/understanding, without that being restrictive, of the intelligent navigators, robots, misadventures or other agents) to sail or make research on the Site other than the engine and the agents of research which we place at the disposal on the Site and any navigator Internet generally placed at the disposal by a third.

6.4 If your use of the Site or the use of the Site by one of your employees or a person authorized by you causes a loss or a damage with any person having published her CV on the Site or with any other person, you agree to immediately compensate us on request for any loss or damage which we could undergo in this respect including if necessary any legal cost, administrative and/or technique which could result from this.

6.5 You agree not to use the Site or the services which are provided to you on or via the Site in such way to cause any interruption, deterioration, lowers performance or to prevent by any means the operation of whole or part of the Site or of the aforesaid services.

6.6 You agree to take the responsability for the use that you or your subcontractors or agents will make Site and consequently you agree to be responsible under the present usual terms of the Site by any third authorized by you who would be in violation of these conditions.

6.7 You agree not to use the Site to gain or seek an unauthorized access to other computing systems.

6.8 You agree not to resell the products and services that you buy to us including, without that being restrictive, any advertisement or access to the database of CV with any third other than those whose coordinates were communicated to us under this Contract or for which we gave our agreement.

6.9 Moreover, you accept that, if you resell any advertisement with thirds other than those whose coordinates to us were communicated under this Contract, we are authorized (in addition to our right to terminate this Contract) to withdraw the aforementioned advertisement and/or to withdraw whole or part of your others advertisements to our only discretion.

7. CONFIDENTIALITY

You agree to preserve the confidentiality of the agreed prices between us under the terms of this Contract and of all the negotiations and other information which is referred or is related to the present Contract to it and not to reveal such information with any third.

8. LIMITATION OF RESPONSIBILITY

We do not assume any responsibility towards you or any other third for any loss of profits, trading loss, any replacement cost of the services or losses or consequential damages or consecutive immaterial of some nature or some kind that it is, whatever is the cause, and your exclusive recourse for any complaint, loss or damage related to the one of the abundant services or in front of being provided under the terms of the present conditions will be limited to the price that you will have actually poured us for the aforementioned or the aforementioned services.

9. SUSPENSION AND CANCELLATION

9.1 We reserve ourselves the right to suspend the services which are provided to you by our care, and/or all your passwords and other access codes if we have reasons reasonable to suspect which you are in violation of any of the stipulations of this Contract. Your right to continue to use the Site and this Contract will immediately end on written notification of our share if you do not respect one of the stipulations of this Contract. In such a case, we will be authorized to ask for the anticipated current liability of all the amounts due under the present ones, and to recover all the incurred expenditure and legal expenses.

9.2 The terms of this Contract which are necessary to its execution will survive any expiry or cancellation of this Contract. At the time of the cancellation or expiry of this Contract, all the licenses and the rights granted to the one of the parts by the other will be automatically cancelled just like the accesses to any Internet site which will have been granted to you by our care.

10. MODES OF PAYMENT

10.1 You agree to pay us the price envisaged by the pack of credit (S) chooses and under any Particular Condition (if necessary).

10.2 All the invoices are subjected to VAT at the rate in force in France. For all undertaken not having a number of French VAT but having an intracommunity number of VAT in the European Union in a country other than France and under the terms of the following European directive: “exemption VAT, article 259B of the cgi”, the invoices will thus be established of net of tax. For all undertaken of a nonmember state (not having an intracommunity number of VAT) and under the terms of the following European directive: “exemption VAT, article 262 I of the cgi”, the invoices will be established of net of tax.  We will invoice you completely our services with reception of the payment.

10.3 Once your order validated on our Site, when you regulate by means of your bank card, your operation of payment is not carried out on the Site but on the site of our person receiving benefits of made safe payment, the company PayPal (Europe) S.à r.l. & Co, S.C.A, towards the waiter of which you are automatically. Your banking card number known nor is not treated by our Site but only by Paypal (Europe) under the conditions being reproduced on their Internet site: https://www.paypal.com/fr/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside. An identification number of your operation of payment will be created in a random way and will be preserved by Evajobs in order to facilitate the payment of the later transactions which you will carry out, during one one year maximum duration, except opposition of your share notified to the address contact@evajobs.com.

10.4 If you would pay an higher amount with that of your invoice, you will have to ask for the refunding of too-versed within 6 month as from the date of the payment. All to have emitted by our care will have to be used within 6 month as from the date of its emission.

10.5 You authorize us to charge any received payment of your share to any invoice or amount exigible from your share under this Contract.

10.6 All sums that you owe not paid us in their term will bear interest at the rate of 1,33% per month as from their expiration date. All possible expenses and fees supported by us for the covering of the unpaid sums in their term will be with your load. In the event of any covering by judicial proceedings or an organization of covering, you will be indebted of a sum equal to 15% of the unpaid sums with a minimum of €100, in addition of the aforesaid unpaid sums, post maturity interest stipulated above and all other expenses, fee supported or damage undergone by us.

11. ANY OTHER BUSINESS

11.1 The fact of not prevailing us at one time given of the one of the stipulations of this Contract neither will be interpreted nor regarded as a renunciation of our rights under the terms of the present ones, will not affect in any manner the validity of whole or part of present and will not carry not reached to our rights to act consequently.

11.2 If one of the provisions of this Contract would be regarded as null, illegal or inapplicable by an competent authority, this provision will be dissociated of the other provisions which will continue to be valid insofar as that is allowed by the law.

11.3 This Contract (I) constitutes the integrality of our agreement as for the object of present and replaces any agreement or preceding, oral or written arrangement referring itself to it, (II) can be modified only in writing and (III) cannot be yielded by your care, in whole or part, directly or indirectly, by some means that it is, including by the effect of a fusion, a contribution partial of credit or another universal transfer of inheritance.

11.4 Any notification under the terms of the present ones will be addressed by registered letter with request for notice of receipt or by letter given in hands specific to the address indicated in this Contract and famous will be received at the time of the first presentation of this one.

11.5 The titles of present are used only by convenience and will not be used to interpret the stipulations of this Contract.

12. MAJOR FORCE

We will not be responsible in your connection for all that could constitute a violation of this Contract rising from a case of major force, namely the circumstances escaping our control which include/understand, without that not being restrictive, natural disasters, maritime or air dangers, the fires, the floods, the dryness, the explosions, sabotages, accidents, embargoes, breakdowns of telecommunications and public services, the riots, turbid civilians.

13. APPLICABLE LAW AND JURISDICTION

The present conditions and your use of the Site will be subjected to the French right and any litigation between the parts with present will be subjected to the exclusive jurisdiction of the Bankruptcy court of Creteil, in France, notwithstanding plurality of defendants or call in guarantee.

14. ADVERTISEMENTS

14.1 You accept that all the advertisements that you diffuse on the Site report to specific stations and that no advertisement diffused on the Site is a description of generic station or not available. Moreover, you engage so that the advertisements which you publish do not contain of element or hypertext link towards any Internet site who would contain an element (I) untrue or misleading, (II) discriminatory (in particular within the meaning of the articles L. 225-1 and following of the Penal code), defamatory, abusive or contrary with the moralities, incentive with discrimination, hatred or the violence with regard to a person or of a group of people at a rate of their origin or their membership or not of an ethnos group, a nation, a race or a determined religion, or of their sex, their sexual orientation or their handicap, (III) bearing invasion of privacy (in particular within the meaning of the articles L. 226-1 and following of the Penal code) or with the law and order, (iv) violating the legal tendencies relating to the press (in particular the law of July 29th, 1881 on freedom of the press) or to protection of youth (in particular the law n°49-956 of July 16th, 1949) or (v) otherwise detrimental with regard to the thirds. Moreover, you accept that, if you include such an element or bond or a description of generic station or not available on the Site in order to constitute a fish pond of candidatures, we are immediately authorized and this, with our only discretion, to withdraw whole or part of your bonds and/or advertisements, that they are specific or generic by nature without our responsibility not being committed in some manner that it is in this respect and consequently you recognize that you will not have any recourse to our opposition have regard to any loss which you would undergo in such circumstances. We will be also authorized to terminate this Contract if you diffuse of such advertisements, any amount remaining due relating to the full value of the services and products bought under the terms of this Contract becoming immediately exigible.

14.2 Each credit bought within a pack of credit (S) gives right an advertisement on line for the duration defines on the Site in the date of purchase of the pack of credit (S). A credit little however to be allotted to the consultation and purchase of CVs in CVthèque (cf.15.). All the advertisements bought in the form of appropriations under the terms of the present ones are published for the duration specified on the Site and expire at the end of the Duration. Notwithstanding any contrary provision contained in this document, the formulas of advertisements of unlimited number are not authorized, and any agreement or declaration (written or oral) with regard to an unlimited number of advertisements in this Contract or differently will be null and without effect.

14.3 All the advertisements published by your care on the Site and exceeding the number of advertisements envisaged in this Contract, will be invoiced to you and will be payable, in accordance with the terms of present at our tariff then in force for such advertisements. Any reactivation of a removed or expired advertisement, any renewal of an advertisement, any change of employment suggested, when an advertisement was published, any change in the code of reference of an employment or change in the locality where employment is based (including a change of city) constitutes the use of an additional advertisement under the terms of the present ones.

14.4 We will not carry out a routine inspection of your advertisements, but if the contents of your advertisements on the Site appear contrary to us with the law (in particular legal tendencies relating to the press and discrimination) or if we think in good faith that such an action is necessary in order to conform us to a court order marked to our opposition; in order to protect and defend our rights; in order to act as urgency to protect personal safety from our users or the public; in order to carry out the improvements necessary for the maintenance or the posting of the service; or to allow to check that an advertisement that you diffuse on the Site is not untrue or misleading, we reserve ourselves the right to suspend the publication of your advertisement. The suspension of the publication of your advertisement will be immediately notified to you. We will be able, if necessary, to suggest you the modification of your advertisement. The publication of your advertisement will begin again as soon as you communicate an advertisement modified in conformity to us with the legal tendencies. Any suspension of the publication of an advertisement to the title of this clause will be able to give right no reduction or refunding of the paid price for the publication of this advertisement.

14.5 You engage, in your advertisements, to respect the provisions of the Labor regulation (in particular the article L. 311-4). Pursuant to the article L. 311-4 subparagraph 3 of the Labor regulation, we inform you that the employers located in France and the foreign employers publishing an offer for a station located in France are held to publish their advertisements on the Site in French language or if the advertisement is written in foreign language to propose a translation in French. We could not be held for persons in charge of nonthe respect of this obligation. Nonthe respect of this obligation by your care is liable to sanction.

14.6 You commit yourselves proceeding to the expiry of any advertisement for a station already provided, or, if you cannot carry out this operation directly on our Site, to us of to inform so that we can carry out the expiry of your advertisement.

15. ACCESS TO THE CV

15.1 The database of CV of the Site (the “CVthèque”) is a private database reserved for the use of the customers having sufficient appropriations on Evajobs. Each credit little to give access to CVthèque and makes it possible a single user to provide to consult an unlimited number of profiles (without the coordinates of the candidate) then to buy a certain limited number of CVs (with the coordinates of the candidate).

15.4 You agree to use CVthèque to seek candidates for specific stations and not to offer other services to them. If we receive complaints of candidates or if we are differently informed that candidates see themselves offering other services, distinct from specific stations, we reserve ourselves the right to terminate this Contract without that not engaging our responsibility in your connection for some manner that it is and consequently you recognize that you will not have any recourse to our opposition in connection with any loss which you would undergo in such circumstances. We will be also authorized to terminate this Contract if you offer such services, any amount remaining due in connection with the full value of the services and products bought under the terms of this Contract becoming immediately exigible.

15.5 You commit yourselves to use and be treating the data in personal matter extracted CVthèque in accordance with data-processing law the “and freedoms” of January 6th, 1978. You avoid, in particular, yielding or communicating on a purely free or expensive basis, any third or any person of your company nonconcerned by the search for a candidate for a specific station, whole or part of the data in personal matter of third of which you could have taken note on the Site. In the same way, you commit yourselves communicating to any person of which you would have collected data in personal matter on the Site, the information envisaged by article 32 of data-processing law the “and freedoms”, relating in particular to her right of access and of correction to the data which relate to it and to its right of opposition, for legitimate reasons, with the treatment of these data.

16. PRODUCTS OF VISIBILITY

16.1 The products of visibility correspond the banners and buttons, products of Co-branding, to sponsor or undertaken with the one, newsletters or all other products advertizing being able to be to you proposed by our care.

16.2 The positioning of the products of visibility will be defined by the purchase order, subject to the availability of the selected sites. We do not grant any guarantee concerning the statistics of use for very produced.

16.3 You will provide us all the elements necessary to the product chosen in agreement with our procedures in force which will be notified to you with the signature of the purchase order, in particular concerning the format of these elements.

16.4 We can reject any bond URL incorporated in very produced visibility and we reserve the right to refuse or put an end to the diffusion of a product of visibility which would not be in conformity with the applicable laws and payments, our leading line or the public interest. We can reject or remove a product of visibility for a site of publicity which is not in a position to function or which we judge inappropriate to be connected to the Site.

16.5 You remain responsible for the contents of the products of visibility which you diffuse by our intermediary and you engage so that these products do not contain an element or of hypertext link towards any Internet site which would contain an element (I) untrue or misleading, (II) discriminatory (in particular within the meaning of the articles L. 225-1 and following of the Penal code), defamatory, abusive or contrary with the moralities, incentive with discrimination, hatred or the violence with regard to a person or of a group of people at a rate of their origin or their membership or not of an ethnos group, a nation, a race or a determined religion, or of their sex, of their sexual orientation or their handicap, (III) bearing invasion of privacy (in particular within the meaning of the articles L. 226-1 and following of the Penal code) or with the law and order, (iv) violating the legal tendencies relating to the press (in particular the law of July 29th, 1881 on freedom of the press) or to protection of youth (in particular the law n°49-956 of July 16th, 1949) or (v) otherwise detrimental with regard to the thirds. In the event of violation of the stipulations above, we reserve ourselves the right to suspend the publication of your product of visibility. The suspension of the publication of your product of visibility will be immediately notified to you. The publication of your product will begin again as soon as you communicate a product in conformity to us with the legal tendencies. Any suspension of the publication of a product to the title of this clause will be able to give right no reduction or refunding of the paid price for the publication of this product.

16.6 Any error or omission in a product of visibility must be announced as of the first diffusion. We cannot be held responsible for such errors or omissions whenever the elements that you provided us were insufficient or if these errors or omissions do not deteriorate the direction or the contents of a product.

16.7 If we do not manage to diffuse a product of visibility under the conditions agreed with the present Contract (in particular in the event of failure, technique or other, of such a product), including any failure required a share of voice agreed under one determined period, our responsibility towards you is limited, according to our choice, with a refunding of the portion of the price of the product referring to it or to the placement produced with a latter date in a comparable situation. 

17. FUNCTION OTHERS/DOOR-TO-DOOR SELLING

17.1 If you are an entity which publishes serious career appropriatenesses, domestic industry appropriatenesses or job offers which require advances of expenses, you engage (I) so that no bond is contained in your job offers other than the Bond To postulate on Line and than there is no bond returning towards your Internet site, (II) to publish serious employment appropriatenesses and you engage so that the job offers published are for specific employment, legitimate employment appropriatenesses which exists for stations available, (III) so that all them job offers and your Internet site describe clearly and explicitly all the advances of expenses which the users will have to pay for any service, (iv) to publish your coordinates (namely an address e-mail and a phone number in function) on your Internet site, (v) not to copy any description of station or another contents of any other customer, (VI) so that the researchers of employment are not invoicees to visualize or postulate with a specific opportunity, (vii) so that an address e-mail is included for the transmission of CV for a specific job offer, (viii) so that the advertisements do not refer to other job offers which could be available while becoming member of your Internet site, (ix) to provide us the name and addresses e-mail of the responsible person to cure the violations of these conditions and

17.2 Moreover, if you are an entity which requires advances of expenses, you commit yourselves to diffuse and be adhering to a policy of refunding real and reasonable, for the users who are not satisfied with such services. The policy of refunding must envisage, and you must adhere to, at least (I) a policy of unconditional refunding at 100% for the researchers of employment during 30 days as from the date of purchase (i.e. date of reception of the funds), (II) the possibility of asking refunding by e-mail and telephone, (III) a support on line via requests telephone and by e-mail in order to receive an answer at the latest at the end of the working day following the date of such a request, (iv) a policy of refunding, with specific rules, which must be made available (via a bond towards the policy or a direct text) of the researcher of employment before an undertaking to buy can be taken, and (v) of the rules of refunding which cannot include the publication of one CV or supply of any other element like condition to receive a refunding.

17.3 We reserve ourselves the right to check your advertisements constantly in order to ensure us of the respect of this clause.