General Terms and Conditions for the Provision of Services
The website http://www.assessfirst.com/ (hereinafter referred to as the "Website") offers services enabling employers and recruitment professionals (hereinafter referred to as "Clients") who wish to recruit, or who wish to evaluate the skills of candidates with a view to hiring, or the skills of current staff within the context of in-house promotion (hereinafter collectively referred to as "Candidates") using assessment questionnaires (hereinafter referred to as "Questionnaires").
The purpose of these General Terms and Conditions is to define the terms and conditions relating to the provision of services on the Website (hereinafter referred to as "Services") as well as to define the rights and obligations of the various parties within this framework.
They can be accessed and printed at any moment from a direct link on the Website's homepage.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions and, in the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
2. Company Identification and Contact Details
The Website and the Services are operated by the company AssessFirst SAS, registered under number 443 179 684 with the Registry of Trade and Companies of Paris and whose head office is located at 20, Rue du Sentier, 75002 Paris, France (hereinafter referred to as the "Company").
The Company can be contacted through any of the following channels:
Postal Address: 20, Rue du Sentier, 75002 Paris, France
Telephone: +33 (0)1 72 77 31 52
Email Address: firstname.lastname@example.org
3. Access to Services
The Website and the Services are exclusively intended for Clients, who can be described as any physical person or legal entity who wishes to recruit staff and/or assess the skills of their Candidates, but also for employment professionals, who can be described as any physical person or legal entity whose business activity is in the field of personnel recruitment, especially recruitment agencies, temporary employment agencies, companies in the temporary work sector, or consultancy firms for interim management or human resources.
The Website and the Services are not intended for private individuals who wish to hire personnel for their own needs.
4. Acceptance of the General Terms and Conditions
Acceptance of these General Terms and Conditions shall be indicated through checking a checkbox in the registration form. This acceptance can only be full and complete. Any qualified acceptance shall be considered as null and void. Any Client who does not accept to be bound by these General Terms and Conditions must not access the Website or use the Services.
5. Registering on the Website
5.1 Registration Process
In order to use the Services, Clients must register on the Website by completing the registration form. Registration is available to any individual having the full legal capacity to contract for and on behalf of the Client, or possessing a special mandate prescribed for that purpose.
Clients must provide all information that is marked as being required. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the individual Client's name (hereinafter referred to as the "Account"), giving Clients access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that the Company deems the most appropriate for providing the said Services.
Clients guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Clients are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Clients shall be binding upon confirmation.
5.2 Creation of Staff Accounts
Once the registration process is complete, Clients may, from their Personal Space, create accounts to be used by members of their staff who are in charge of the recruitment questions and the management and assessment of staff (hereinafter referred to as "Staff Accounts").
In cases such as this, the Account that was created during the registration process of the Client (hereinafter referred to as the " Main Client") shall be an administrator account, which shall have the capacity to edit, manage and delete Staff Accounts.
The Main Client is solely responsible for the creation and the use of the Staff Accounts linked to its Account.
Users of the Staff Accounts shall be considered as Clients and shall be subject to these General Terms and Conditions ipso jure.
The number of Staff Accounts is limited in accordance with the conditions indicated on the Website.
5.3 Strictly Personal Use
Clients may access their Personal Space by logging in to the Website using their login ID and their password.
Clients agree to use the Services themselves and agree not to allow any third party to use them on their behalf, except in the cases provided for in Article 5.2 above, unless the former accept full responsibility for the consequences.
In the same way, Clients are responsible for keeping their connection ID and password confidential. They must contact the Company immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions, if they notice that their Account has been used without their knowledge. They acknowledge the Company's right to take all measures it deems appropriate in a case such as this.
6. Description of the Services
Clients have access to the following Services in a format and according to the technical means that the Company deems the most appropriate.
6.1 Questionnaire Selection
The Company offers Clients several types of online Questionnaires allowing them to assess the skills of Candidates.
When selecting a Questionnaire, the Client informs the Company of the email address of the Candidate.
The Company then sends the Candidate an email inviting the latter to register on the Website by filling out the registration form and answering the Questionnaire. The Candidate may already be registered on the Website, if he/she had previously answered one or more Questionnaires in the past, potentially for another Client.
Any Candidate who is not registered on the Website shall not have access to the Questionnaires and may not therefore effectively answer them.
6.2 Creation of Reports
Depending on the Questionnaire selected by the Client and in light of the answers provided by the Candidate, the Company shall create assessment reports of the Candidate's skills (hereinafter referred to collectively as "Reports").
6.2.1 Profile Summary
The Company shall create a summary of the Candidate's skills assessment (hereinafter referred to as the "Profile Summary").
6.2.2 Supplementary Reports
The Company creates different types of assessment reports related to the Candidate's skills (hereinafter referred to as " Supplementary Reports"), which retranscribe the Candidate's answers.
Other documents may be added such as a summary, opinions, recommendations, as well as any other document or information, especially of a graphical or statistical nature, under whatever terms or conditions the Company deems the most appropriate for the provision of the Services.
6.3 Delivery of Reports
Reports may only be created and delivered to the Client once the Candidate has fully answered the Questionnaire.
Reports are delivered to a Client's Personal Space in a HTML / PDF format.
The delivery schedule for Reports is indicated on the Website. These delivery schedules are only indicative. The Company does not make any guarantee with regard to to the delivery schedules of Reports, insofar as these schedules depend on the willingness of each Candidate to complete their Questionnaire, which is outside the control of the Company.
The Profile Summary is also sent to each respective Candidate automatically.
Clients may deactivate this automatic sending by changing the relevant parameter in their Personal Space.
However, should a Candidate choose to exercise their right to access personal information stored relating to them, this information shall be made available to them, in particular summary reports concerning them, upon written request sent by them to the Company.
6.4 Messaging Service
The Company enables Clients to communicate with Candidates who have answered their Questionnaires through a messaging service.
6.5 Other Services
The Company reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing said Services.
7. Financial Conditions
Some Services are provided to the Client free of charge, while others are paid Services, in accordance with the terms laid out below.
7.1 Cost-free Profile Summary
The Company provides the Client with an unlimited number of Profile Summaries, free of charge, for the term of the Client's use of the Services.
7.2 Financial Conditions for Supplementary Reports
The creation and delivery of Supplementary Reports is a paying service, the conditions of which are defined below.
7.2.1 Credits System
The Website operates using a system of credits (hereinafter referred to as "Credits") allowing Clients to pay for the creation of Supplementary Reports.
Clients can check their number of remaining Credits in their Personal Space.
The Website allocates a number of Credits for each Questionnaire and its corresponding Supplementary Reports, depending on their characteristics.
Credits may be used outside the Website with some of the Company's partners, as indicated on the Website. However, apart from these restrictive cases, they may not be used for any other purposes other than those provided for in these General Terms and Conditions, or be exchanged, refunded or reimbursed or compensated for in any way, in particular for any other services that the Company may propose otherwise, outside the framework of the Website or the Services.
7.2.2 Purchase of Credits
220.127.116.11 Purchase of Credit Packs
The Client has the option of buying packs containing a certain number of Credits on the Website (hereinafter referred to as "Credit Packs ").
The prices of the Credit Packs are indicated on the Website.
Unless otherwise stated, they are expressed in Euro and are exclusive of French taxes.
Payment for Credit Packs shall be made online, by banking card, using a secure online payment service, by bank transfer or by any other means that may be proposed on the Website at the moment of purchase.
Payment by banking card is operated by a payment service provider, who is the sole holder of the Client's banking details. The Company shall not retain any bank details.
When payment is made by banking card, Credits are made available immediately.
When payment is made by bank transfer, Credits are made available once the price of the Credit Packs has been effectively credited to the Company's account.
Clients ensure the Company that they dispose of the required authorization to use the chosen means of payment.
18.104.22.168 Subscription System
Clients have the option of taking out subscription packages (hereinafter referred to as "Subscriptions") that enable them to get access to chosen Supplementary Reports during the subscription term.
22.214.171.124.1 Subscription Price
The prices of Subscriptions are indicated on the Website.
Payment of the Subscription price shall be through automatic bank transfer using the Clients' banking card number or bank account number (IBAN).
The automatic bank transfer is operated by a payment service provider, who is the sole holder of the Client's banking details. The Company shall not retain any bank details.
The price of the Subscription is due and the monthly or annual bank transfer shall be made on the day the Subscription is taken out and then monthly or annual during the Subscription period and on its anniversary date each time it is renewed.
Clients ensure the Company that they dispose of the required authorization to use the chosen means of payment. They agree to take all necessary measures to ensure that the automatic bank transfer of the Subscription price can be made.
Prices of Subscriptions may be subject to review by the Company at any time, in its sole discretion.
Clients shall be informed by the Company of any such price reviews through any pertinent written channel (and in particular by email), at the latest:
- 2 (two) months before the new rates enter into force if the Subscription is paid on an annual basis
- 1 (one) month before the new rates enter into force if the Subscription is paid on a quarterly basis
- 15 (fifteen) days before the new rates enter into force if the Subscription is paid on a monthly basis.
The reviewed prices are effective on the date of the Subscription renewal following their entry into force.
126.96.36.199.2 Subscription Term
The term of Subscriptions is indicated on the Website.
A Subscription begins on the day it is taken out, subject to payment of its price, for the duration subscribed by the Client (hereinafter referred to as the "Initial Period"), calculated from date to date.
It is then automatically renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, with the Initial Period, as the "Subscription Period"), calculated from date to date, unless notice of termination is given by email either by the Company or the Client at the latest:
- 1 (one) month before the term of the current Subscription Period if the Subscription is paid on an annual basis
- 15 (fifteen) days before the term of the current Subscription Period if the Subscription is paid on a quarterly basis
- 8 (eight) days before the term of the current Subscription Period if the Subscription is paid on a monthly basis.
Clients acknowledge that they are not entitled to any refund of all or part of the price of a Subscription Period already started.
Any Subscription Period started is due in its entirety.
188.8.131.52 Common Provisions
For each order of a Supplementary Report, a Client's Credits are provisionally debited from its Personal Account awaiting the completion of the Questionnaire and the delivery of said Report.
This debiting becomes definitive once the Supplementary Report is delivered, as indicated in Article 6.3.
Clients shall be informed as promptly as possible in the event that the ordered Supplementary Report is not available, in particular when this is due to the non-completion of the Questionnaire by the Candidate.
In the absence of completion of the Questionnaire by the Candidate, a Client may cancel its request for a Supplementary Report and the Company hereby undertakes to replace the Credits that were provisionally debited from the Client's Personal Account, and this within 7 (seven) days of the cancellation of the request for a Supplementary Report, and this to the exclusion of any other compensation.
The Company reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions. As a welcome offer, Clients are offered, upon registering, the possibility to have several Credits free of charge. The number of these Credits and the term of this welcome offer are indicated on the Website.
The purchase of Credit Packs and taking out Subscriptions are subject to invoicing and invoices are sent to Clients through any pertinent channels.
In the event that a Client unregisters from the Website, for whatever reason, the Client may no longer use the Credits in its possession and may not resell them, and this is hereby expressly accepted and acknowledged by the Client.
7.3 Lateness of Payment and Incidents
Clients are hereby informed and expressly agree that any lateness of payment of all or part of an amount at its due term, shall automatically entail, without prejudice to the provisions set out in Article 13 (Sanctions for breaches) and without prior formal notice:
(i) Forfeiture of the term of all amounts due by the Client in question and their immediate collectability
(ii) Immediate suspension of current Services until complete payment by the Client in question of all amounts due
(iii) Invoicing of a late payment interest, for the Company's benefit, at the rate of 1.5 times (one and a half times) the legal interest rate, in addition to the total of all amounts due by the Client in question.
8. Term of the Services
When a Client registers on the Website it is for an unlimited period.
Termination of a Subscription does not entail unregistering from the Website. The Client in question may continue to use the Services to purchase Credit Packs from time to time.
Clients may unregister from the Website at any time, by requesting this of the Company by e-mail, at the address mentioned in Article 2, or by any other channel indicated on the Website.
They shall be unregistered from the Website within a maximum of 7 (seven) days from the date of this request. This shall entail the automatic deletion of the Client's Account as well as all of the Staff Accounts that are linked to it.
10. Client's Obligations and Guarantees
Without prejudice to other obligations stipulated herein, Clients agree to respect the following obligations.
10.1 Clients agree, in their use of the Website and the Services, to respect and abide by all laws and regulations in force and not to not to violate public order or infringe the rights of any third party.
10.2 Clients acknowledge having read on the Website and understood the specifications and constraints, particularly of a technical nature, of the entire range of Services. Each Client is solely responsible for their use of the Services.
10.3 Clients undertake in particular to respect the French Labour Code, and in particular, the provisions of Articles L1221-6 et al. relating to the recruitment and assessment of Candidates.
10.4 Clients undertake to make the necessary declarations to the French National Commission for Data Protection and Liberties (CNIL) relating to the recruitment and management of personnel.
Clients agree to only use the Services and the data that is extracted from these Services for the sole purposes of assessing the skills of Candidates, with a view to hiring them or within the context of the in-house career development of these Candidates.
10.5 The Company nevertheless reserves the right to hold, in an anonymous fashion, all or part of the collected data, especially for statistical purposes or for the improvement of the Services. This data may be transferred, loaned or exchanged by the Company with a third party, and this Clients hereby expressly accept.
10.6 Clients agree that the Services are for their strictly personal use only. Clients therefore undertake not to transfer, assign or lease in any way all or part of their rights or obligations herein to any third party, or to transfer to any third party, whether or not for consideration, the use or ownership of the Questionnaires or the Reports, or more generally, any information received from the Company within the framework of the Services.
10.7 Clients undertake not to hide the Company's logo or name displayed on the Questionnaires, Reports or any other document received from the Company.
10.8 Clients undertake not to change or alter the Questionnaires or the Reports in any way.
10.9 Clients agree not to reproduce or copy the system, the framework or the logical sequence of the questions, or the questions themselves that appear in the Questionnaires, or to reuse all or part of them, without the prior written authorization of the Company.
10.10 Clients agree not to make money from, sell, lease or exchange the Credits they have purchased on the Website with any third party.
10.11 Clients undertake to provide the Company with all information necessary for the proper implementation of the Services. More generally, Clients agree to actively cooperate with the Company with a view to ensuring the proper application of these General Terms and Conditions.
10.12 Clients undertake to keep confidential from any third party any information received from the Company including Questionnaires, Reports and more generally, any information concerning Candidates and gathered within the framework of the Services.
This prohibition does not apply to the Client's company's own needs, in compliance with the laws and regulations or conventions in force, as well as these General Terms and Conditions.
10.13 Clients are also solely responsible for the relations they may form with Candidates and for the information they may share with the latter within the framework of the Services. Clients must exercise appropriate caution and good judgement in these relations and exchanges. Clients also undertake, in these exchanges with Candidates, to respect the usual rules of politeness and courtesy.
10.14 Clients acknowledge that the Services provide them with an additional solution, not an alternative solution, for assessing the skills and performance of current or future staff and that this solution cannot substitute other means that Clients may dispose of elsewhere to reach the same goal.
10.15 Clients shall take all necessary measures to back up through their own resources whatever information in their Personal Space they deem necessary, as no copy of this information shall be provided to them.
10.16 Clients are hereby informed and accept that implementation of the Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which Clients shall be individually and solely responsible.
10.17 Each Client guarantees the Company against any claims, demands, actions and/or grievances whatsoever, that the Company could incur as a result of a breach by the Client in question of any one of its obligations or guarantees under these General Terms and Conditions.
10.18 Clients undertake to compensate the Company for any prejudice that the latter would be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.
11 The Company's Liability and Guarantee
11.1 The Company undertakes to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide means, but this without any obligation of result, and this is expressly acknowledged and agreed by Clients.
In this respect, the Company makes no guarantee to Clients with regard to the adaptation of the Services to the latter's needs, expectations or specific or particular constraints.
11.2 The Questionnaires and Reports proposed by the Company are under constant improvement and shall not be considered as being either perfect or complete.
Any decision to hire or any in-house promotion is the sole responsibility of the Clients.
The Services proposed on the Website are only help tools intended for the Clients and shall only be considered as such.
The Company shall not be liable for any decisions taken by Clients, especially in the event of hiring or in-house promotion.
11.3 The Company shall also not be liable for exchanges or relations between Clients and Candidates that take place outside the framework of the Website or the Services.
The Company is not a party to any potential employment contracts between Clients and Candidates and shall under no circumstances be held liable in respect of difficulties which may occur during the conclusion or execution of such contracts, nor be a party to any potential disputes whatsoever between Clients and Candidates.
Clients are solely and individually responsible for successfully completing all necessary administrative, tax and/or social formalities concerning them that could result from their use of the Services.
11.4 The Company undertakes to keep confidential all information contained in the completed Questionnaires and Reports and only to send this information to the Client who ordered the Questionnaire and Reports or to the Candidate in the event that the latter exercises their right to access information concerning them as set out in Article 6.3.
11.5 The Company assumes no responsibility in the event that any information from the Personal Space of a Client is lost. Clients should keep a backup copy and shall not be able to claim for any damages caused by any loss of this information.
11.6 The Company undertakes to regularly monitor the operation and accessibility of the Website. To this end, the Company reserves the right to interrupt access to the Website momentarily for maintenance purposes. In the same way, the Company shall not be held liable if the Website is ever momentarily difficult or impossible to access, the causes of these circumstances being outside the Company's control, force majeure, or due to any disruption in the telecommunications network.
11.7 The Company does not guarantee to Clients (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given Client according to that Client’s own personal constraints, shall specifically meet that Client’s needs or expectations.
However, in order to constantly improve the quality of the Services, the Company invites Clients to submit all comments and information that they may wish to bring to its attention concerning the quality of transactions made using the Services.
11.8 (viii) In any case, the Company shall not be held liable to Clients for the payment of direct, material, commercial, financial or moral damages, of any nature whatsoever, caused during the Clients' use of the Services, for an amount exceeding the amounts invoiced by the Company by way of compensation for the Services that gave rise to its responsibility, at the time the alleged damages occurred. Moreover, the Company's responsibility can only be assumed if a Client sends the former a claim, by registered letter with acknowledgement of receipt, within a period of one month following the said occurrence.
12 Prohibited Behaviour
12.1 The following behaviour is strictly forbidden: (i) any behaviour that would interrupt, suspend, slow down or prevent correct operation of the Website, (ii) any hacking or attempts to hack into the Company’s IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of the Company or of the users of its Website, (vii) any action that uses the Website for purposes other than that for which it was designed and finally generally, (viii) any breach of these General Terms and Conditions or of any local policy or laws.
12.2 In the event of a breach of any of the provisions of this article or more generally, of any laws and regulations, the Company reserves the right to take any measures it deems appropriate and to instigate any legal action.
13 Sanctions for breaches
In the event of a breach by a Client of any of the provisions of these General Terms and Conditions or more generally, of any infringement by the former of any laws and regulations in force, the Company reserves the right to take any measures it deems appropriate and in particular:
(i) To suspend, cancel or prevent access to the Services for any Client who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement
(ii) To delete all content the latter had placed online on the Website
(iii) To publish on the Website any related informational message that the Company deems useful
(iv) To inform any relevant authorities
(v) To commence and prosecute any legal proceedings.
14 Intellectual Property of the Company
The systems, software, structures, infrastructures, databases and content of any nature (text, images, graphics, music, logos, trademarks, databases, etc.), and especially Questionnaires and Reports, used by the Company on the Website, are protected by all intellectual property rights or database creator's rights in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and generally any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of the Company, with the exception of cases provided for in these General Term and Conditions, is strictly forbidden and could be the subject of a lawsuit.
15 Personal Data
The Company practises a policy of protection of personal data, the characteristics of which are detailed in the document "Charter Concerning the Protection of Personal Data", which Clients are expressly invited to read.
The Company may insert advertising or promotional messages on any page of the Website and in any communication with Clients, in a format, and according to the conditions, that the former deems appropriate.
17 Links and Third-Party websites
The Company can in no way be held liable for the technical availability or unavailability of Internet websites or mobile applications operated by third parties (including its potential partners) that Clients may access through links on the Website.
The Company shall not be held liable for content, advertisements, products and/or services available on such third-party websites or mobile applications and Clients are hereby reminded that these websites are governed by their own terms and conditions of use.
The Company shall not be held liable for any transactions conducted between Clients and any advertisers, professionals or salespersons (including its potential partners) to whom Clients may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
18 Customer References
Clients expressly authorize the Company to cite and use, when appropriate, for the entire term of these General Terms and Conditions and for a period of 5 (five) years after their termination, a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet website, in any form.
The Company reserves the right to amend these General Terms and Conditions at any time.
Clients shall be informed of these amendments through any pertinent channel.
Any Client that does not agree with the amended General Terms and Conditions must unregister from the Services according to the provisions set out in Article 9.
Any Client who uses the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
In the event that these General Terms and Conditions are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
21 Law and Jurisdiction
These General Terms and Conditions are governed by French law.
In the event of dispute concerning the validity, interpretation and/or application of these General Terms and Conditions, all parties hereby agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
22 Entry into Force
These General Terms and Conditions became effective on November 1st, 2016.