General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE - Moovijob

14/12/2020

Article 1: Definitions

GTCS: General Terms and Conditions of Sale

Client: Natural person or legal entity who acts within his professional remit and who has purchased a Moovijob product or service. This can be a final client or an agency acting on behalf of a final client.

Exhibitor: Client who takes part in an event

Moovijob: Europa Plurimedia Synergie S.A. company with a capital of €74,300, with registered office at 24-28 Rue Goethe, L-1637 Luxembourg, the Grand Duchy of Luxembourg, registered in the Luxembourg Trade and Companies Register under reference B128200. VAT number: LU21 84 87 81. Telephone: +352 24 87 37 80. Email: contact@moovijob.com

Moovijob.com: website operated by Europa Plurimedia Synergie S.A.

CV: Curriculum Vitae, in paper or electronic form

CVBank: Electronic CV library

Physical event: event taking place in the real world

Virtual event: event taking place on the Internet

Guide: document in paper or digital format that pertains to an event and contains a certain amount of information such as the companies present, their presentation sheet, the offers proposed, etc.

Article 2: Purpose

These GTCS shall govern the sale of services and products provided by Moovijob to a client, as well as the conditions of participation in an event organized by Moovijob. They are notified to the client concurrently with the price quotation. The purchase of services, products or participation in an event implies knowledge and acceptance of the applicable law and these GTCS without reservation.

The general terms and conditions appearing on orders from end clients or agencies shall not be binding on Moovijob unless expressly accepted.

The GTCS may be amended by Moovijob at any time. Clients shall be notified accordingly. If no objection is raised within 48 hours of publication, clients will be presumed to have accepted the new GTCS which shall apply directly to any current contractual relationship with Moovijob.

Moovijob sells different types of products and services on which specific GTCS may apply. They will be described below.

List of types of products and services sold by Moovijob:

-          Dissemination of advertisements (employment and training)

-          CVBank access

-          Management of applications

-          Participating in an event

-          Organisation of an event

-          Digital communication and marketing elements

-          Physical communication and marketing elements

Article 3: Effective date of the contract

These GTCS shall take effect when:

Moovijob receives from the client a copy of a Moovijob quotation duly signed, or

Moovijob receives an official purchase order from the client, or

The client buys online directly from moovijob.com.

Moovijob receives quotations or client purchase orders in PDF, Word, electronic image or paper form, by e-mail, sms, fax or post. The contract shall take effect when Moovijob acknowledges receipt of the duly signed Moovijob quotation or the client purchase order. Moovijob may not be held responsible if it did not receive the document sent by the client.

If elements concerning the description of Moovijob's products or services, their duration and price list have been changed (manually or electronically) by the client, the GTCS shall enter into effect on the basis of the original quotation prior to such modification.

Moovijob has an obligation of means – but not of result -- towards the client. Moovijob never intervenes in the actual recruitment process that may be initiated between the client and a candidate. Its role is limited exclusively to providing the means to put the client in contact with people with the professional skills closest to those required. Moovijob may not be held liable if a client does not recruit through the service purchased. The price of the service purchased by the client and provided by Moovijob shall remain due in full, irrespective of the result obtained.

Article 4: Rates

Our rates are subject to regular change. The invoicing shall be based on the prices indicated on the signed quotation or on the price list for online purchases.

Article 5: Conditions of modification or cancellation of the contract

Any request for modification or cancellation concerning a service or product sold by Moovijob must be made in writing and sent by registered letter within a maximum of 48 hours after the effective date of the sale.

In the case of a cancellation: if this procedure is followed, the services purchased will not be charged and no payment will be required.

In the case of a modification: if Moovijob agrees with the requested modification, a new order confirmation will be sent to the client. A new contract will be concluded and the previous contract will be cancelled. In the absence of agreement, the original contract between the parties shall remain in force and the product or service sold shall be invoiced according to the terms and conditions stipulated therein.  

Any other process or means of communication will not authorize the client to avail him/herself of any contract modification.

The procedure thus presented does not concern:

-          online purchases which cannot be changed, cancelled or refunded.

-          the dissemination of advertisements and access to the CVBank when the service has already been activated, whether by posting one or more advertisements on moovijob.com or when the client has started to consult CVs.

Article 6: Terms of payment

Except in the case of an online purchase where the payment is made at the same time as the sale and unless explicitly stipulated otherwise on the order form accepted by Moovijob, all our products and services shall be payable upon receipt of the invoice which shall be immediately due.

We do not accept French cheques which will be systematically returned to sender.

For online orders, Moovijob uses an intermediate platform to collect the price of products or services sold by credit card, so no bank or credit card information is recorded on the site.

We do not accept any client discount upon payment.

If payment is not made within 30 days from the date of invoice, Moovijob shall apply by operation of law a flat-rate recovery fee of €40, as well as interest on the outstanding amount, in accordance with the amended  Payment periods and Interest on Arrears Act of 18 April 2004, without prejudice to additional damages if Moovijob should suffer a particular loss as a result of the delay.

Moovijob reserves the right to charge the client for the costs and expenses relating to a dunning, reminder and collection procedure, in or out of court, including the fees of the lawyer Moovijob may turn to for such collection.

Moovijob also reserves the right in such case to suspend the performance of the agreement immediately without prior notice, until the products and services sold are paid for. Having regard to the clause on the retention of title on the products sold, all delivered products, which have not been paid for within 30 days from the date of invoice, shall be repossessed by Moovijob, at the expense of the defaulting client.

At the end of the above-mentioned 30 days period, Moovijob shall  also be entitled to cancel the contract if the client has not paid the outstanding amount within 8 days of relevant notice served by registered mail with acknowledgement of receipt.

Moovijob shall under no circumstances be held liable for any damage whatsoever in connection with this suspension or the termination of the contract under the conditions referred to in this article.

Article 7: Right to interrupt services

The client undertakes to use the Moovijob site and Moovijob products and services in good faith and in strict compliance with European laws and regulations as well as the public order. Such use must also respect accepted standards of ethics and behaviour.

The client undertakes to refrain from using Moovijob products and services for any act which would result in granting illicit access to applications or data, harming the proper functioning of Moovijob services and website or compromising the use thereof, and damaging or destroying data.

Finally, the client must not use Moovijob's services for commercial purposes, without the latter’s prior consent.

In case of violation of the aforementioned obligations, Moovijob reserves the right not to start the purchased services or to suspend the current services indefinitely effective immediately, as soon as Moovijob becomes aware of the client's default. In any event, payment for the services shall remain due in full.

Article 8: Internet risk

The client acknowledges being aware of the characteristics and limitations of the Internet. No replacement service will be provided if the services marketed on the moovijob.com site cannot be used in full or in temporarily, irrespective of the cause or failure.

The use of the internet may present risks of intrusion by third parties. The client alone shall bear the consequences of possible misappropriation of the information that he or she will has transmitted to Moovijob for distribution on Moovijob.com.

The clients shall remain solely liable for any damage caused to their computer system or for any loss of data that could result from the downloading and/or use of the information hosted by Moovijob or the services offered or sold by Moovijob on its website.

The clients shall remain solely liable for any damage caused to their computer system or for any loss of data that could result from the downloading and/or use of the information hosted by Moovijob or the services offered or sold by Moovijob on its website.

Moovijob has no means of controlling the websites or sources for which a link may be created on moovijob.com. No guarantee is consequently given concerning these websites or sources. Moovijob reserves the right to delete any link referenced on its website with such content as would contravene the applicable legislation, public order or these GTCS.

Article 9: General terms and conditions specifically for the dissemination of advertisements, CVBank access

Moovijob provides hosting for advertisements produced by the client.

Dissemination of advertisements: The client undertakes to provide Moovijob rapidly with all the requisite elements to create the advertisement(s) as soon as possible and thus to optimize the returns. Moovijob is not the owner of the information contained in the online advertisements and shall not be held liable in this respect. The client undertakes to comply with the applicable legislation and Luxembourg public order when writing the text of their online advertisement. The following advertisements in particular shall be prohibited on the Moovijob website:

- Advertisements containing false, racist, xenophobic, slanderous, defamatory, libellous, insulting, profane, hateful, pornographic, obscene or any other inappropriate content;

- Advertisements containing comments on the private life of third parties or which would infringe the rights of third parties;

- Advertisements that would contain an invitation to participate in organizations such as financial pyramids, money chains, and multi-level marketing offers.

Moovijob reserves the right to moderate or delete the advertisement within 24 hours of its posting without notice if the foregoing provisions are violated. The client whose advertisement has been deleted shall no longer be authorized to use the Moovijob services.

Moovijob also reserves the right to modify the content of the advertisements of its clients in order to optimize the returns, subject to prior request to and consent from the client.

As to the unlimited advertisement dissemination services, Moovijob reserves the right to limit the number of advertisements to 200 (number of advertisements at the same time for a single client) without having to give any justification.

CVBank access: Access to the CVBank makes it possible to send e-mails to job seekers directly from moovijob.com. To avoid any problems when an e-mail is sent to more than one contact, it is validated by the Moovijob team before it is actually sent. Moovijob reserves the right not to validate one or more e-mails, without having to provide any justification.

The client shall guarantee to Moovijob the principal, costs and interests, including the lawyer's fees likely to be incurred, against any recourse, claim, eviction, action or order to pay damages likely to be directed against it because of the contents of the advertisements hosted on Moovijob.com.

Article 10: General terms and conditions specifically for events and related guides

Moovijob may not be held liable if the company's exhibitor sheet completed by the client contains errors. The same shall apply for a visual provided by the client in an event guide.

When the exhibitor wishes to have a particular location at an event, Moovijob shall do its utmost to satisfy the client but cannot fully guarantee that the request will be met on the day of the event.

The exhibitor undertakes to occupy the stand allocated to him from the time the exhibition opens for the public until it closes, and not to exceed the floor space allocated to him.

Exhibitors are requested to take out sufficient insurance to cover their civil liability as well as coverage for any damage to goods belonging or entrusted to them.

On the day of the exhibition, exhibitors shall be prohibited from:

-          exhibiting or distributing material that does not comply with the laws, accepted standards of ethics and behaviour, or any document that Moovijob believes could harm the exhibition and mar its success;

-          making noise or taking any action that would disturb nearby exhibitors or visitors;

-          subletting, even free of charge, its presence at the event or a stand in the case of an exhibition, to another company, without the prior consent of Moovijob.

Moovijob shall not be held liable towards clients for any acts of unfair competition committed on the occasion of the event.

Force majeure: Moovijob reserves the right to cancel an event in case of force majeure. In such an eventuality, the client shall undertake to cover expenses incurred by Moovijob for the organization of the cancelled event. Such expenses correspond to half of the amount invoiced by Moovijob to the client for his participation. No recourse on any grounds whatsoever against Moovijob shall be authorized.

Postponement of an event: Moovijob may postpone an event until a later date for justified reasons. In such a case, the client shall be notified accordingly within one month at the latest and shall have to make every effort to be available on the new date set by Moovijob so as to take part therein. Otherwise, the non-participation of the client will be considered as a refusal to participate and the amount invoiced or to be invoiced for the client's participation in the event will be due in full, without any recourse whatsoever against Moovijob.

Change of an event planned only in physical or only in virtual format: Moovijob may decide to change an event planned only in physical format into a virtual event, or vice versa, for justified reasons. In such case, the client will be notified within one month at the latest and shall have to make every effort to take part therein. Otherwise, non-participation by the client shall be considered as a refusal to participate and the amount invoiced or to be invoiced for said participation shall be due in its entirety, without any recourse whatsoever against Moovijob.

Cancellation of an event in physical or virtual format: If an event is scheduled to be held in both physical AND virtual format and one of the two formats cannot take place for justified reasons:  

-          If an event in physical format is cancelled, the client who has confirmed participation in the physical format but not in the virtual format shall have to adapt to the situation by participating in the virtual format of the event concerned, under the same financial conditions as those of the physical format.

-          If an event in virtual format is cancelled, a client who has confirmed participation only in the virtual format and not in the physical format shall have to adapt to the situation by participating in the physical format of the event concerned, under the same financial conditions as those of the virtual format.  

-          The client who has confirmed participation in the physical AND the virtual format shall then be issued a Credit Note for the total amount of the order and shall be re-invoiced only for its participation in the remaining format under the same financial conditions (same discount rate if applicable).

Article 11: General terms and conditions specifically for virtual events

Moovijob can sell a participation to a virtual event but also the organisation of it.

The client acknowledges being aware of the characteristics and limitations of the Internet and virtual tools. If the virtual tool used during the event could not be used in full or in temporarily, irrespective of the cause or technical failure, Moovijob may not be held liable. The price of the service purchased by the client and provided by Moovijob shall remain due in full, irrespective of the result obtained.

Article 12: General terms and conditions specific for communication objects

The communication objects sold by Moovijob are not manufactured by Moovijob, but by third party suppliers.

Moovijob makes sure that the quantities and quality expected by the client are met by its suppliers.

The client shall undertake to provide the visual material within the requested time limits, and shall have to give its consent (Ready for Printing) before it is used.

Moovijob shall not be held liable if the visual sent by the client and for which it has given its consent no longer meets its expectations.

The manufacturing and transport times are given for information only, and shall be extended if the client does not provide the desired elements within the stipulated period.

The warranty period for each product is specific to each of the suppliers we use, as well as potentially to the product concerned. Please consult us.

Moovijob expressly reserves the ownership of the objects sold to the client until the sale price has been paid in full.

Article 13: Data protection and use

The client undertakes to comply with all applicable regulations concerning data protection, telecommunication services and copyright in force as regards the content of the services provided by Moovijob, the exchange of data and the provision of information. The client undertakes to refrain from any dissemination of data via Moovijob services, in any form whatsoever, which are subject to criminal law, in particular because of their pornographic, violent or defamatory nature. The client shall remain civilly and criminally liable for its actions.

The client shall certify to Moovijob that it has a privacy policy that guarantees the protection of personal data in accordance with European regulations.

In addition, Moovijob undertakes not to communicate any information about its customers to third parties.

Article 14: Liability

The client shall guarantee to Moovijob the principal, costs and interests, including the lawyer's fees likely to be incurred, against any recourse, claim, eviction, action or order to pay to damages likely to be directed against Moovijob as a result of downloading or using information or data available on Moovijob.com or of any contractual violation, of any nature whatsoever, committed by the client during the course of the contractual relationship. The client shall hold Moovijob harmless and indemnify the latter for any sentencing against it in this respect.

Compensation for the damage alleged by the client shall apply only to established, foreseeable, direct, personal and certain damages suffered by the latter which have a direct causal link with the established serious fault or fraud, to the exclusion of all other damages.

Article 15: Complaint / Dispute / Litigation

Complaints concerning a product or service sold by Moovijob must be lodged in writing by registered letter, within a maximum period of 30 days following the service or delivery. The complaint shall not be official if any other process or means of communication is used.

Contracts concluded by and between Moovijob and the client, as well as the present general terms and conditions shall be governed by Luxembourgish law. Any and all disputes or litigation between parties arising out of the conclusion or performance of the contract, shall be referred exclusively to the Luxembourgish courts.

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