General Terms of Use
Last updated: October 15th, 2021
These General Terms of Use (the "Terms") apply to the website https://marvin-recruiter.com/ (the "Website") of the company Marvin SAS, a simplified joint-stock company with a capital of 1,000.00 euros, whose registered office is lo-cated at 4 Rue Raie Tortue, Building C, 91240 Saint-Michel-sur-Orge, registeredwith the Paris Trade and Companies Registry under registration number 907981237.
Preliminary Article: Legal Notice
The publisher of the Website is Marvin SAS, a simplified joint-stock company with a capital of 1,000.00 euros, whose registered office is located 4 Rue Raie Tortue, Building C, 91240 Saint-Michel-sur-Orge, registered with the Paris Trade and Companies Registry under registration number 907981237. Marvin SAS is the owner and operator of the Website, as well as the Software License Rental Service provided by Marvin SAS on its Website.
SIRET: 90798123700015
Email: contact@marvinrecruiter.com
Mr. Christophe Hébert, in his role as President, is the Website’s publication director.
Amazon Web Services LLC, P.O. Box 81226 Seattle, WA 98108 1226, http://aws.amazon.com, is responsible for hosting the Website and storing users' personal data. This is in compliance with French regulations set forth by the French National Data Protection Commission (CNIL) regarding data transfer to the same company, whose data center is located in Frankfurt, Germany. A copy
for quality control and backup purposes is also stored at Marvin SAS under the same constraints.
The Website has been registered with the French National Data Protection Commission (CNIL) under declaration number 2084773 v 0.
Any internet user who has registered with Marvin as a Recruiter or Candidate can access the Website. This can be done during the registration procedure on the Website and after the user has created their account. Access to the Website is restricted until Marvin has accepted the user’s registration.
By accessing and browsing the Website, the User agrees to these Terms.
Marvin can change the Terms of Use (TOU) at any time, and the changes will apply to all Users on the date they are posted. Therefore, Users need to regularly check the TOU.
WHEN YOU COMPLETE THE REGISTRATION PROCESS AND CLICK "ACCEPT," YOU ARE AGREEING THAT (1) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE GENERAL TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO ENTER INTO A CONTRACT WITH MARVIN, AND (3) YOU ARE AUTHORIZED TO ENTER INTO A
COMMITMENT EITHER PERSONALLY OR ON BEHALF OF THE COMPANY YOU REGISTERED WITH. IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE, YOU WILL NOT BE ABLE TO ACCESS THE SERVICE.
ARTICLE 1- Definitions
"Candidate" means any person or entity who applies to the Website to find new job opportunities.
"Contract" means the agreement that may be made between a Candidate and a Recruiter after the Recruitment Sessions and the Recruitment Process. Only the conclusion of such a Contract creates mutual obligations between the Candidate and the Recruiter.
This Contract may consist of (i) an internship agreement, if the Candidate is a student or has obtained their graduating diploma within the last six months, (ii) an employment contract, or (iii) a service contract, subcontracting contract, or any other type of contract intended to govern the performance of a task by the Candidate in exchange for payment, if the Candidate is an independent consultant.
Identifiers refer to the email address and password chosen by the User to log in to the Site.
Registration refers to the action of the User creating a personal account on the Site by providing their information and Profile, and unconditionally accepting these General Terms of Use in order to access the Service. Registration on the Site is free.
Recruitment Process refers to the possibility for Recruiters to issue Interview Requests to Candidates in order to establish a relationship with them.
Profile refers to the set of Contents published by a User in order to be referenced, and to issue (Recruiter) or receive (Candidate) Interview Requests.
Interview Request refers to the message sent by a Recruiter to a Candidate in order to indicate
their interest in the Candidate's Profile. Each Interview Request must include (i) the type of Contract being considered (internship, employment contract, service contract) (ii) a description of the task, and (iii) the amount of remuneration proposed. These Interview Requests have no contractual value and only serve to initiate contact with the Candidate.
Recruiter refers to any natural or legal person who requests registration on the site to be put in contact with Candidates.
Gross Annual Remuneration refers to the gross fixed annual remuneration, the entirety of the variable portion of the remuneration, and any bonus, annual bonus, or other benefits that constitute all components of the Candidate's salary.
Candidate's Remuneration refers to, as the case may be, (i) either the gross annual remuneration of the hired Candidate or (ii) the amount excluding tax of all services invoiced by the Candidate in exchange for the performance of a service or subcontracting.
Reference Remuneration pertains to the Candidate's desired initial remuneration, as stated on their Profile during Registration. This can be expressed in the following ways:
-Gross annual compensation, if the Candidate is seeking employment;
- Daily rate, if the Candidate is looking for a subcontracting, service, or any other type of contract that involves the execution of a mission by the Candidate in exchange for payment as an independent consultant;
- Internship allowance, if the Candidate wishes to enter into an internship agreement. If the Reference Remuneration is expressed as a "range", the Reference Remuneration will be calculated as the average between these two amounts.
Service
refers to the matchmaking service provided by Marvin between Candidates and
Recruiters through the Internet Site.
Third-Party Services refer to any service that is not associated with Marvin, the Internet Site, or the
Service, but which Users may use to facilitate their Registration. These services may include, but are not limited to, sites such as Github, Facebook, Twitter, Google, or Linkedin.
Recruitment Session refers to a period, that typically does not last more than four weeks, during which Candidates are given the opportunity to receive Interview Offers from Recruiters in order to establish a relationship with them.
ARTICLE 2 — Intellectual Property
This website, including all information, files, and graphic and textual elements that make it up such as the general structure, software, codes, photographs, resumes, structures, graphics, drawings, animated or static images, logos, illustrations, icons, tests, video clips, audio files, trademarks, databases, know-how, and any other elements composing the site (collectively referred to as the "Content"), is protected by worldwide copyright and intellectual property laws
and remains, unless otherwise noted, the exclusive property of Marvin or used under license granted by a third party.
In addition, the trademark of the company Marvin, including all figurative and non-figurative trademarks, and any other trademarks, illustrations, images, texts, comments, and logos appearing on this website, registered or not, are also protected and remain the exclusive property of Marvin or used under license granted by a third party (collectively referred to as the "Trademarks").
The same applies to any copyright, design, model, and patent that are the property of Marvin. Any total or partial reproduction, modification, extraction, or use for any reason and on any support whatsoever, without the express and prior agreement of Marvin, is strictly prohibited.
The use of these Trademarks and the Content published on the website, including their reproduction, distribution, transmission, or modification, is strictly prohibited unless written prior agreement from their holder. Any unauthorized reproduction of the Trademarks constitutes copyright infringement and is subject to criminal sanctions.
The User may download onto a computer or print a copy of the pages found on the website solely for personal use, provided that they are kept intact without any modification, deletion, or change.
Users are not authorized to commercialize, reproduce, distribute, modify, display, perform in public, incorporate into a derivative work, report, or use Marvin's Content in any way for any public or commercial use. Furthermore, users are not authorized to use or display Marvin's Content on another website or in a computer environment, network, or any other digital medium, for any purpose.If any provisions in these Terms of Use are violated, the User’s authorization to
use the website will be canceled and the User must immediately destroy any copies they may have made of Marvin's Content.
The website may have links to other websites run by third parties or Third-Party Services, and references to information, products, or services from third parties. Marvin has no control over these websites or their content. The presence of links to these websites does not imply approval of the websites or their content, products, or services by Marvin. The User is responsible for using them, according to the conditions that apply to the third-party websites, information, products, or services in question. Marvin is not responsible for these.
Creating and/or installing a link from a third-party website to the website or anyof its pages is forbidden unless written authorization from Marvin is obtained first.
Marvin cannot be held responsible for the websites of third parties that have links to the website.
Website Users shall access pages outside the website and third-party sites at their own risk.
ARTICLE 3 — Service Provision
3.1 Setting up Your Account and Profile
When you register, you will be asked to create an account and complete your profile, providing information such as your name or your company's name, your email address, and:
- For Candidates: details about your education, work experience, skills, and desired compensation (Reference Compensation);
- For Recruiters: additional information about your company or the type of candidate you are seeking.
To make sure the Service is reliable, you must provide accurate information
about yourself and your true identity when you sign up. You also agree to only
have one account on the Site.
Marvin may offer you a Third Party Service to help with the sign up process. If you use this service, you must also provide accurate information.
If you sign up as a company, you must have the authority to do so. Marvin may ask for proof of identity from anyone who signs up on the Site, including a recent excerpt from the commercial and companies registry (known as a K-Bis) for companies, and proof of authority for the individual who signed up on behalf of the company. If this proof is not provided, Marvin may suspend or delete your account.
3.2 Registration Acceptance
Once the Registration form is submitted, you will receive an email at the address you provided to confirm the creation of your account.
After your Registration, Marvin will review your User Profile and may request any additional documents if necessary to verify the accuracy of the information provided in your Profile, including your identity, qualifications, and professional experiences.
Marvin reserves the right, at its sole discretion, to accept or reject any Registration request on the Site. Marvin may contact you at the phone number you provided to discuss your Profile before accepting your Registration. If you don't respond to Marvin's request, your registration may be refused.
3.3 Login Credentials
When you sign up, you'll be asked to create a password. This, along with your email, will be your Login Credentials for accessing the Service.
We suggest using a strong password that contains a mix of letters and numbers, and changing it regularly to prevent unauthorized access to your account.
Your Login Credentials are private and must be kept confidential. You agree not to share them with anyone. You are responsible for how your Login Credentials are used, and Marvin cannot be held accountable for any misuse by a third party.
In the event of loss or theft of the User's Login Credentials, prompt notification must be made to Marvin through written means, either via email or registered mail with return receipt, to determine and implement appropriate measures. It is noteworthy that online impersonation of a third party, using any data that could identify them, such as their name, email address, or photograph, constitutes a criminal offense under Article 226-4-1 of the Penal Code.
ARTICLE 5 – Updates and Maintenance
5.1 The Service accessible through the Site is regularly updated by MARVIN.
5.2 MARVIN is committed to making every effort to ensure that maintenance operations do not interfere with the Client's use of the Service. In the event that maintenance or updates result in the suspension of the Service, MARVIN will promptly notify the Client.
ARTICLE 6 - Duration
6.1 Monthly Payment Plans: The contract becomes effective from the date of activation of the service for the initial and fixed duration (“Initial Duration”) of one (1) month. At the end of this Initial Duration, the contract renews automatically for a duration of one (1) month, and new subscription fees will be due on a monthly basis.
6.2 Termination of Monthly Payment Plans: The contract may be terminated at any time after the period of one (1) month by sending a written request to sup-port@marvinrecruiter.com. The amount paid for the subscription of the month of termination remains due to the Company.
6.3 Annual Payment Plans: The contract becomes effective from the date of ac-tivation of the service for the initial and fixed duration (“Initial Duration”) of one (1) year. At the end of this Initial Duration, the contract renews automati-cally for the same duration, and new subscription fees will be due annually.
6.4 Termination of Annual Payment Plans: The contract may be terminated at any time by sending a written request to support@marvinrecruiter.com. The total amount paid for the subscription remains due to the Company.
ARTICLE 7 - Termination
7.1 Pursuant to public order provisions, Marvin and the Client may terminate the Contract in the event of a serious breach, if not remedied within fifteen (15)days following notice of default, provided that they notify their decision to the other Party by registered mail with return receipt. A serious breach shall include (i) a Party's failure to remedy a serious contractual breach within fifteen (15) days following receipt of a notice of default sent by registered mail with return receipt, and (ii) the Client's full or partial non-payment of an invoice when due.
7.2 A serious breach as defined in the preceding article shall include:•Non-payment of an invoice•The Client's violation of the scope of rights granted to them under the con-tract•An attempt by the Client to intrude or compromise the integrity of the Site
7.3 In the event of early termination of the contract due to the Client's fault, and regardless of the cause, all sums due by the Client will become immediately payable without prejudice to any damages and interest that may be owed to Marvin.
ARTICLE 8 - Orders, Pricing, and Payment
Pricing
8.1 In exchange for accessing the service as provided by these terms, the Client agrees to pay Marvin a service fee. In case of early termination of the Contract for any reason, the Client agrees to pay Marvin all outstanding amounts due for the service fee.
8.2 The service fee amount is stated on the Site, in euros, excluding taxes. The rates stated on the Site are those in effect on the day the contract was signed.
8.3 The service fee amount is payable upon signing the contract. Payment of the service fee will be made through automatic debit/transfer/credit card on a monthly or annual basis, as per the chosen plan. The amounts owed to Marvin do not include the cost of internet connection, which remains the Client's responsibility.
8.4 Marvin may modify the service fee amount, subject to informing the Client through all means at least fifteen (15) days before the new rate takes effect.
The new service fee applies only to the renewal of the service: the following month after the Client's notification for monthly payment plans, the following year after the Client's notification for annual payment plans. The Client is free to object to the rate change by sending a termination request to support@marvinrecruiter.com within fifteen (15) days of the Client's notification. If no termination request is made within this period, the Client is deemed to have accepted the new service fee.
Orders
8.5 The Client has the option to modify their order and correct any errors before confirming their order.
8.6 The Service is provided subject to the Client accepting these Terms and Use. The Client is deemed to have accepted these Terms and Use and the Privacy Policy by clicking on the "Subscribe" button when ordering the Service. These Terms of Use and Terms and Conditions govern the contractual relationship between the Company and the Client who accepts them without reservation.
8.7 After accepting these Terms of Use and confirming the order, the contract is validly entered into between MARVIN and the Client and binds them irrevocably. An email confirming their order request will then be sent to the Client.
8.8 MARVIN recommends that the Client keep the information contained in the order confirmation received from MARVIN, either in paper or digital format.
8.9 The orders placed by the Client are therefore final and cannot be revoked and are subject to these Terms of Use.
8.10 MARVIN reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment for a previous order.
Payment
8.11 Prices are listed on the Site in the service descriptions in euros, excluding taxes.
8.12 The total amount is indicated in the order summary before the customer accepts the Terms of Use, validates their service order, provides and validates their billing information, and proceeds to make the payment. This total amount is indicated, inclusive of all taxes.
8.13 Service orders on the Site are payable in euros. The entire payment must be made on the day of the order by the customer via bank transfer to MARVIN's account.
8.15 The customer may not, under any pretext, make any deductions between amounts owed to them by MARVIN and amounts owed to MARVIN, unless expressly agreed to by MARVIN. If applicable, VAT will be added by MARVIN to the billed amounts.
8.16 MARVIN reserves the right to suspend or cancel any service execution in case of non-payment or partial payment of any amount owed by the customer to MARVIN. In case of non-payment of an invoice on its due date, a legal interest rate increased by four (4) points will automatically be applied by MARVIN until full payment, without prior notice.
8.17 Pursuant of Articles L.441-6 and D.441-5 of the French Commercial Code, any payment delay automatically entails, in addition to late penalties, an obligation for the customer to pay a flat fee of forty (40) euros for recovery expenses. If recovery expenses incurred are higher than the amount of this flat fee, MARVIN may request additional compensation upon justification.
ARTICLE 9 – Claims
9.1 The Company is committed to responding to any claims within a maximum of ten (30) working days from receipt of a written request sent to support@-marvinrecruiter.com.
9.2 For any annual payment plan with 30 calendar days or less, the Company, after reviewing the customer's claim, is committed to offering a full or partial refund, minus a cancellation fee of 150€ not including taxes.
9.3 For any annual payment plan with more than 31 calendar days, no refund will be offered.
9.4 As an exception to everything stated in Article 9, for any annual payment plan that has been partially or fully utilized, no refund will be offered.
9.5 For any monthly subscription orders, regardless of utilization, no refund will be provided.
ARTICLE 10 – Warranty and Liability
10.1 The Client is solely responsible for the use of the service, including the useand interpretation of information made available by MARVIN, as well as the acts and advice derived from it in the course of their professional practice. MARVIN will only be responsible for the applicable legal warranties, if any, and exclude any other warranties.
10.2 MARVIN’s liability, in the event of direct and proven damages caused to the Client, is limited to the amount of the order in question. In no case shall MARVIN be held liable for indirect, incidental, or special damages as defined bythe jurisprudence of French courts.
10.3 MARVIN cannot be held liable for: (i) damages due to the Client's failure tofulfill their obligations; (ii) any financial or commercial harm, such as, for exam-ple, loss of profits, loss of customers, loss of data, any commercial distur-bances, loss of orders, which constitute unpredictable and indirect damages and therefore do not give rise to any right to compensation.
10.4 MARVIN cannot be held responsible for the breach of contract in the eventof force majeure as defined by Article 1218 of the French Civil Code and Frenchcourts, and in the event of damages caused by a third party or attributable to the Client's improper or non-conforming use of the services, in violation of MARVIN's prescriptions or industry standards.
ARTICLE 11 – Intellectual Property and Reproduction Rights
11.1 The Service, along with all the data on the Website, is protected by copy-right law and database rights in accordance with the intellectual property code.These elements may not be reproduced, represented, loaned, exchanged, sold,distributed, or transmitted in any way, except in cases explicitly authorized by law or provided for in the contract. The Service's features may not be used for the purpose of violating or misusing these intellectual property rights.
11.2 The Client prohibits any use of the Service for purposes other than those explicitly provided for in the contract and also prohibits the dissemination, pub-lication, sale, or exchange of any content that it accesses and more generally, from causing any direct or indirect harm, in any way, to MARVIN's rights.
11.3 The Client agrees not to recreate or attempt to recreate, from the data and/or using the Service, a database aimed at offering, directly or indirectly, forfree or for a fee, the same Service or a similar Service, to any third parties out-side of its company in order to circumvent access to the personalized Service itbenefits from.
11.4 The Client further agrees not to infringe on MARVIN's intellectual property rights over the Service or any other element appearing on the Website pro-tected by an intellectual property right, including trademarks and logos.
ARTICLE 12 – Client Data Confidentiality
The provisions related to the protection of personal data as outlined in the French Data Protection Act of January 6th, 1978, as amended by the Law of June 20th, 2018 on personal data protection and the European General Data Protection Regulation (GDPR) are located in an annex document titled "Privacy Policy" which can be accessed at the following link: marvinrecruiter.com/privacy-policy/
ARTICLE 13 – Insurance
Each party commits to maintaining, during the entire duration of the contract, insurance coverage with a well-known and solvent insurance company. The coverage must include protection against damage to their property and per-sonnel, as well as coverage for professional liability. This insurance must cover the financial consequences of any bodily, material, or intangible harm that maybe caused by any event and is the responsibility of their employees and/or po-tential partner companies during the performance of the contract.
ARTICLE 14 - General Provisions
14.1 Governing Law: The contract shall be interpreted and governed in accor-dance with French law without regard to conflict of law principles.
14.2 Jurisdiction: The EVRY (France) Court of Appeal shall have sole jurisdiction over any disputes of any nature or controversies relating to the interpretation or execution of these Terms of Use, notwithstanding the presence of multiple defendants, incidental demands, references or guarantees, unless MARVIN elects to seek redress from any other competent jurisdiction.
14.3 Assignment: MARVIN may decide to assign or transfer the rights or obliga-tions conferred upon it by these Terms of Use, provided that the Client shall continue to be bound by the same obligations as MARVIN, and shall do so un-der the same conditions.
14.4 Evidence Agreement: The Parties agree that all written communications, including electronic writing, exchanged between them and all data, including technical data, shall be evidence of and shall validly demonstrate the content of their exchanges and commitments.
14.5 Contact: MARVIN may be contacted at any time by email at the following address: support@marvinrecruiter.comThese present Terms have been translated into English from their original source language, French.