Last update : 25/09/2023
ARTICLE 1- IDENTITY
The publisher of the Timeko, Timeko Plus, Timeko Interim and MyTimeko service is the company LINKAVIE, SAS with capital of 16,800 euros whose head office is located at 350, avenue JR Gautier de la Lauzière, 13290 Aix-en-Provence, registered in the Aix-en-Provence Trade and Companies Register under number 804 953 958. The telephone number is 0607984253, the contact email email@example.com. The VAT number is FR35 804 953 958.
The Publication Director is Mr. Thomas LUQUET.
The Timeko, Timeko Plus, Timeko Interim and MyTimeko services are hosted by Amazon Web Services (http://aws.amazon.com/fr/) in Paris for customer production environments.
European headquarters of Amazon Web Services: 31-33 Rives de Clausen L-2165 Luxembourg
Tel: +352 27 89 0605
Etats-Unis: 1200 12th Ave S, Seattle, WA 98144
Tel: +1 (888) 280-3321
ARTICLE 2- SCOPE OF APPLICATION AND ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE
Timeko, Timeko Plus, Timeko Interim and MyTimeko is a SaaS Solution for Companies allowing them to communicate and collaborate effectively with Legal Entity Clients (ETI, SME, VSE contractually linked to Companies using the Solution) or natural persons, called Contacts using of the Solution in Web or mobile version to facilitate their recruitment.
The Solution therefore allows User Companies to facilitate the recruitment of temporary workers or employees.
These General Conditions of Sale are aimed at Business Users who subscribe to the Solution.
Their purpose is to define the conditions and modalities according to the modules offered by LINKAVIE.
During subscription to the services of the Solution and signing the quote, the User Company must accept these General Conditions of Sale. Otherwise, your subscription will not be validated.
By subscribing, the User Company fully adheres to these General Conditions of Sale.
The User Company declares and acknowledges having perfect knowledge of this and therefore expressly waives the right to rely on any contradictory document and in particular its own general conditions of sale and/or purchase.
ARTICLE 3 – DESCRIPTION DES APPLICATIONS
The Timeko, Timeko Plus, Timeko Interim and MyTimeko Solution includes the following applications:
ARTICLE 4–DESCRIPTION DES SERVICES PROPOSES
The different services offered take the form of paid Modules.
4.1. Module de communication
(i) Message template management;
(ii) Management of SMS quotas per month;
4.2. Module Talents
Timeko Talents : Timeko Interim Talents or MyTimeko Talents
The features of the Timeko Talents Module are as follows:
ARTICLE 5—USE OF THE SOLUTION
The Timeko application and its Timeko Plus web complement are made available to Business Users under paid license(s) granted to them.
5.1. Technical prerequisites
The Solution only supports a limited number of business software [JobPlus from ViaWeb, Beetween, EOLIA Software] but can be adapted to any other solution in project mode, as specified in the quote.
The Solution may work with other solutions as indicated in the quote.
5.2. Creation of 1is Administrator account of the User Company
Access to the Solution is by authentication (username/password) and using available networks.
By signing the LINKAVIE quote for subscribing to the services of the Solution, the User Company must accept these General Conditions of Sale. In the event of a quote mentioning payments by SEPA direct debit, the User Company must also sign a SEPA direct debit mandate and transmit its bank details in order to allow LINKAVIE to debit the amount of its subscription.
The User Company must also transmit the following information:
Upon receipt of the order (signed quote), LINKAVIE creates the 1is Administrator account of the User Company.
Once these steps have been completed, the User Company has the choice of designating one or more Administrator(s), responsible for the use and access to its Account.
The User Company is informed that only the Administrator or Administrators it has designated have the right and control of its online account.
Any Administrator of the User Company using the Timeko Talents module has the possibility of inviting individuals to register for Timeko interim or MyTimeko depending on the quality of the User Company. The natural person concerned may accept or refuse to join the Timeko interim or MyTimeko application.
The User Company or the Administrator(s) it has designated have the option of creating several user sub-accounts. Fields followed by a star must be completed. Otherwise, user sub-accounts cannot be created.
The information that must be provided is as follows:
The User Company undertakes to ensure that the information provided is accurate and to keep it up to date via its online account.
5.3. Username and password
The User Company and its Administrator(s) have a personal account with a username and password.
The password allowing access to the User account must contain 12 characters including at least one uppercase letter, one lowercase letter, one number and one special character.
On subsequent connections, each User of the User Company must expressly indicate their username and password to access their account and the various modules subscribed to as part of their subscription and according to their authorizations.
Each User of the User Company is solely responsible for maintaining the confidential nature of their username and password.
The loss of its username and/or password cannot be attributed to LINKAVIE.
In the event of unauthorized use of their username and/or password or forgetting their password, the User of the User Company must follow the procedure indicated on the website. www.timeko.fr or the mobile application.
The User Company is informed that it is advisable to change the password every THREE (3) months and that the new password must be different from previous passwords. The User Company will inform its Users.
Any connection using the identifiers and password of a User of the User Company and/or the Administrator(s) placed under his or her responsibility, will be irrefutably deemed to emanate from the User Company and/or or its Administrator(s) or User(s) placed under its responsibility. The User Company undertakes to assume the consequences.
The User Company must immediately inform LINKAVIE if it notices a security breach relating to voluntary communication or misappropriation of identifier and/or password, so that LINKAVIE can immediately take any appropriate measures to remedy it. to the security breach. LINKAVIE will reset the usernames and passwords concerned.
ARTICLE 6 – ENTRY INTO FORCE AND DURATION OF THE SUBSCRIPTION
The subscription is annual except for special conditions provided for in the quote signed by the Parties.
The subscription will come into effect from the date of subscription. It is renewable by tacit agreement on the anniversary date of the subscription taken out.
The User Company will have the option not to renew the subscription by sending an e-mail to firstname.lastname@example.org no later than 3 (THREE) months before the end of the subscription.
ARTICLE 7– CONDITIONS FINANCIERES
Prices vary depending on the quality of the User Company concerned and the modules chosen by it.
To these prices are added a variable part calculated on the volume consumed and a fixed part relating to installation costs.
Prices are displayed in Euros, excluding taxes (HT) and are increased by the VAT in force.
LINKAVIE reserves the right to modify the applicable prices during the subscription for regulatory reasons, legal rules or new services made available by LINKAVIE.
The price of the TIMEKO service (license) will be revised by LINKAVIE by application of the following formula, on January 1 of each year, starting from the year following the date of entry into force of the subscription:
P=Po x S/So
P = price after revision
Po = Price on the effective date or during the previous revision
S = value of the last Syntec index published on the revision date
So = value of the last Syntec index published on the effective date or during the previous revision.
It being understood that the coefficient resulting from the S/So ratio cannot be less than 1.
In the event that the Customer subscribes to optional modules, the price of these modules will be revised by application of the same formula and under the same conditions.
In the event of the disappearance of the Syntec index, the Parties will define together, by mutual agreement, a replacement index which will be as close as possible to the disappeared index; In the absence of agreement on a new index, jurisdiction is assigned to the Commercial Court of Aix en Provence to define said substitution index.
The price of SMS (and other communication channels) may also be revised upwards or downwards depending on the Customer’s volume commitments and/or depending on price changes from the SMS operator(s) / other communication channels.
In this case, LINKAVIE will inform the User Company in advance by email sent to the address indicated in the User Company’s online account, at least (30) thirty days before the new rate comes into force.
During the subsequent connection, the User Company must accept or refuse the new rate. In the event of refusal, the User Company’s subscription will not be renewed and will automatically end at the end of the current subscription.
7.2. Payment deadline
Payment will take place each month, on the date of subscription to the subscription.
A monthly invoice will be issued by LINKAVIE. Invoices will be sent by email to the address indicated.
7.3. Means of payment
Payment for the subscription will be made by direct debit or bank transfer, as defined in the returned quote signed by the User Company.
7.4. Late payment interest and penalties
If the payment was not honored for any reason whatsoever, the delay or non-payment would automatically result in the production of interest from the date of payment at the rate of 4 times the legal interest rate.
The User Company will also be liable for a fixed compensation of (forty) €40 for recovery costs.
The User Company may terminate the subscription under the conditions of article 14 of these General Conditions of Sale.
ARTICLE 8—LINKAVIE’S OBLIGATIONS
8.1. Accessibility and availability of the Solution
LINKAVIE will make its best efforts to ensure the availability and accessibility of the Solution, with the exception of maintenance periods, updates, service improvements or cases of force majeure.
The User Company is informed that the connection to the services is made via the Internet network. It is informed of technical hazards which may affect this network and lead to slowdowns or unavailability making the connection impossible.
LINKAVIE cannot be held responsible for difficulties in accessing services due to disruptions in the Internet network.
In the event of a security breach noted by LINKAVIE, likely to seriously compromise the security of the site and the data of the User Company, LINKAVIE may proceed, without notice, to a temporary interruption of the services in order to remedy the security breach in soon as possible.
LINKAVIE undertakes to implement technical, organizational and physical measures consistent with the state of the art in order to ensure the security of the Solution as well as the hosted data. LINKAVIE undertakes to implement the necessary means to ensure the conservation and physical integrity of the data hosted through its Solution.
8.3. Retention of identification data
In accordance with article 6-II of the law on confidence in the digital economy n°2004-575 of June 21, 2004 and its implementing decree No. 2021-1362 of October 20, 2021, in its capacity as host, LINKAVIE is subject to the legal obligation to retain the identification data of User Companies that have created an account on the Solution.
LINKAVIE may be required to communicate this identification data upon request from the judicial authority.
LINKAVIE acts as an intermediary and cannot be considered a recruitment company or an employer.
LINKAVIE does not intervene at any time during the recruitment stages and afterwards, in correspondence between a User Company and a Contact. LINKAVIE is therefore a third party to relations between User Companies and their Customers and/or their Contacts.
LINKAVIE cannot be held responsible for any breaches committed by a User Company towards a Contact or a Customer and vice versa.
LINKAVIE only provides an infrastructure to facilitate relationships and communications between a User Company and its Contacts/Clients in the context of temporary employment offers, job offers or operational communications.
LINKAVIE cannot be held liable due to non-performance or delay in the performance of its services when this non-performance or delay is due to the User Company or a case of force majeure (in particular blockage , failure of telecommunications networks, insurrections, civil war, war, military operations, state of national or local emergency, epidemic, fire, lightning, explosion, strike, flood, storm, act of a third party).
Likewise, LINKAVIE cannot be held liable in the following cases:
ARTICLE 9—OBLIGATIONS OF THE USER COMPANY
9.1. Obligations of the User Company towards LINKAVIE
The User Company undertakes to respect these General Conditions of Sale.
It is up to the User Company to ensure that the subscription taken out and offered by LINKAVIE corresponds to its needs.
The User Company undertakes to use the Solution in accordance with its intended purpose and to ensure that its equipment allows it access to the Solution.
For optimal use of the Solution, the User Company undertakes to update the data it provides. It undertakes not to enter or communicate any false and/or misleading data and/or documents.
The User Company is responsible for its conduct and any content created, stored or transmitted as part of the service offered by LINKAVIE.
The User Company undertakes not to cause any technical harm to LINKAVIE. It undertakes in particular not to harm the physical or computer integrity of the server or servers by using programs, files infected by viruses or any other computer programs of the same nature which could disrupt the operation of the service, to take control of a computer station remotely. The User Company will be solely responsible for any damage that may result from its actions.
The User Company therefore undertakes not to use The Solution to violate the law in force and not to encourage a third party to violate the law.
The User Company is prohibited from:
9.2. Obligations of User Companies towards other users
The Solution offered by LINKAVIE allows Business Users to communicate with other users (Contacts or Customers).
The User Company must therefore use the Solution in a manner that complies with the law and is respectful of other users.
Thus, the User Company undertakes not to use The Solution in order to distribute a message and/or attachments:
ARTICLE 10 — REPORTING ILLICIT CONTENT
Any User Company considering that content (message and/or attachment) is of an illicit nature undertakes to inform LINKAVIE as soon as possible so that LINKAVIE can become aware of it and take the necessary measures.
LINKAVIE informs the User Company that it can report any content via a reporting form available using a drop-down menu located in the “Contact» from the website:
This technical device must be directly accessible from the contentious content.
To report illegal content, the User Company must provide the following information:
The User Company certifies that the information communicated in the notification form is accurate. The User Company is expressly informed that “The fact, for any person, of presenting (…) content or activity as being illicit with the aim of obtaining its withdrawal or stopping its dissemination, while knowing this inaccurate information, is punishable by ‘a sentence of one year’s imprisonment and a fine of 15,000 Euros“. (Article 6-I-4 of LEN law no. 2004).
ARTICLE 11 – INTELLECTUAL PROPERTY
LINKAVIE is the holder of the following 4 French trademarks registered with the INPI:
Any reproduction of the trademarks without the prior written authorization of LINKAVIE constitutes an act of counterfeiting and may result in legal action.
11.2. The Solution and the website
LINKAVIE holds the copyright on the Solution and on the websitewww.timeko.fr And www.timeko-interim.com within the meaning of the provisions of the Intellectual Property Code. These intellectual property rights cover the Solution and the site as a whole as well as each element, in particular the graphic charter, the editorial content, the photographs, software, drawings, databases.
Consequently, the User Company only acquires a license to use the Solution from LINKAVIE. The license granted by LINKAVIE on the Solution to the User Company is strictly personal, it is non-exclusive, non-transferable, and non-transferable to third parties.
The duration of the license is limited to the duration of the subscription.
This right of access to the services offered by LINKAVIE is conditional on the validity of the payment method of the User Company when taking out its subscription.
The User Company accepts the terms of the license to use the Solution, upon acceptance of the General Conditions of Sale.
As a result of this acceptance, undertakes to use the Solution under the conditions strictly defined by these General Conditions of Sale and in compliance with the applicable legal provisions.
As part of the license to use the Solution granted to the User Company by LINKAVIE, the latter undertakes not to directly or indirectly infringe LINKAVIE’s property rights over the Solution.
Within the framework of the license granted to it,
Any partial or total reproduction of the content of the Solution and/or websites belonging to LINKAVIE without its prior written authorization constitutes an act of counterfeiting likely to result in legal proceedings.
The User Company is prohibited from:
LINKAVIE guarantees that the Solution does not infringe the intellectual property rights of a third party.
As such, LINKAVIE guarantees the User Company against any recourse, claim or demand from a third party concerning the intellectual property rights relating to the Solution.
In such a case, LINKAVIE undertakes to do everything possible to enable the User Company to continue to use the Solution.
ARTICLE 12- PERSONAL DATA
The use of personal data is subject to a confidentiality policy accessible directly on the website https://timeko.fr/politique-de-confidentialite/.
ARTICLE 13- MODIFICATION OF THESE GENERAL CONDITIONS OF SALE
LINKAVIE reserves the right to modify and update the General Conditions of Sale, particularly in the event of developments and/or modifications to its services, developments in the law and/or case law.
LINKAVIE will inform the User Company by email 30 (THIRTY) working days before the new general conditions of sale come into force.
During any new connection following the information provided by LINKAVIE, the User Company must accept or refuse the said new general conditions of sale.
If accepted, these will come into force automatically at the end of this period of 30 (THIRTY) days.
In the event of refusal and as an exception to article 14 of these General Conditions of Sale, the closure of the User Company’s Account will be effective on the last day of the subscription at 11:59 p.m. If the new General Conditions of Sale concern one of the modules subscribed to by the User Company, the latter may terminate the subscription early according to the forms and deadlines set out in article 14 “Early termination of the subscription” of the these General Conditions of Sale.
ARTICLE 14 – EARLY TERMINATION OF THE SUBSCRIPTION
In the event of non-compliance with one of the clauses of these General Conditions of Sale by either Party, the subscription may be terminated early by the injured party.
It is expressly agreed that this termination will take place automatically THIRTY (30) days after the date of receipt or the date of first presentation of the letter of formal notice to perform, which has remained in whole or in part without effect.
The formal notice may be notified by registered letter with acknowledgment of receipt or by extrajudicial document. The formal notice must mention the intention to apply this clause in accordance with article 1225 of the civil code.
Termination will be automatic without the need for it to be established by a court decision.
ARTICLE 15 – DIVERS
15.1. Data reversibility
The reversibility of the data can be done in any case before the end of the contractual relationship.
15.2. Nullity and independence of clauses
In the event that one or more of the stipulations herein is or becomes void, illegal or deemed inapplicable for any reason whatsoever, the validity , the legality or applicability of any other stipulation of these General Conditions of Sale would in no way be affected or altered, unless these other stipulations form an integral part or are clearly inseparable from the provisions invalidated or deemed inapplicable or their cancellation calls into question the general balance of these General Conditions of Sale.
In the event of cancellation or inapplicability of one of the stipulations of the General Conditions of Sale, considered to be insubstantial, the Parties will endeavor to negotiate an economically equivalent clause.
The inability of either Party to exercise its rights due to non-compliance by the other Party with the terms of the General Conditions of Sale will not be interpreted as a permanent waiver of the exercise of the right to exercise. a right of appeal nor as a delay in the execution of the terms of these General Conditions of Sale.
15.4. Fair and good faith behavior
LINKAVIE and the User Company undertake to behave fairly among themselves.
LINKAVIE and the User Company undertake in particular to bring without delay to the attention of the other Party, any dispute or difficulty that it may encounter in the context of the execution of these presents.
The titles introducing the different articles of these General Conditions of Sale serve only to facilitate reading. The Titles must in no way serve as a tool for interpreting any rights or obligations of these General Conditions of Sale.
15.6. Applicable law and contract language
These General Conditions of Sale are written in French and are subject to French law.
ARTICLE 16 – AMICABLE SETTLEMENT CLAUSE
In order to find a solution to any dispute which may arise in the conclusion, interpretation, execution or termination of these General Conditions of Sale, the most diligent party will send a registered letter with acknowledgment of receipt on paper and/or or digital to the other Party in order to report its claims.
This amicable settlement procedure constitutes a mandatory prerequisite to the initiation of legal action between the Parties. Any action brought to court in violation of this article would be declared inadmissible.
If after a period of THIRTY (30) days from receipt of the letter, no amicable solution is found, either Party may refer the matter to the competent Court designated in Article 17 of these general conditions of sale.
ARTICLE 17– CLAUSE ATTRIBUTIVE DE COMPETENCE
Any dispute relating to the conclusion, interpretation, execution or termination of these General Conditions of Sale will be submitted to the Commercial Court of Aix en Provence with exclusive jurisdiction, including in summary proceedings, notwithstanding the warranty claim or the plurality of defendants.