Publisher of the platform and responsible for the publication: Mr. Frédéric Nassar - 170 avenue Parmentier 75010 Paris
Hosting: Gandi SAS: 63-65 boulevard Masséna 75013 Paris
Registered trademark at the INPI n ° 4235658
CNIL Declaration n ° 1827038
These general conditions of use and sale (hereinafter referred to as "General Conditions") are concluded between the company FREDNASSAR, a simplified joint stock company registered with the RCS of Paris under the number 838 155 208, whose head office is located at 170 avenue Parmentier 75010 Paris (hereinafter referred to as the "Company") and the User of the 404Works Platform.
Customer: means any legal or natural person using the Platform to be put in contact with one or more Service Provider (s) in order to order a service.
Provider: means any natural or legal person exercising in legal conditions from France or abroad and offering its services to Clients through the Platform.
Content: means any words, messages, information or data, whatever the nature (text, image, videos, photographs, comments, brands, corporate names, etc.), posted by a User on the Platform.
Mission: corresponds to the meeting of the wills between a Client and a Provider on a particular task appearing on the Platform, as well as the contractual link in the conditions expressed according to the terms of these General Conditions.
Services: refers to all the services offered by the Company on the Platform, including intermediation between Service Providers and Clients, billing and payment tools and services to support the Client in the search and the choice of Providers for accomplishment of the tasks.
Platform: means the website whose address is https://www.404works.com and the applications designated by the mark "404Works".
Payment System: means the secure payment system operated by Stripe made available by the Company for Users.
Users: refers to the Providers and the Clients.
The Company manages a web portal accessible at https://www.404works.com and applications, offering a digital intermediation system allowing the relationship between Providers and Clients. The purpose of these Terms and Conditions is to govern the terms and conditions of use and sale of the Platform and the rights and obligations of the Users put in contact. There is no charge for navigation on the platform, whether the user is a Customer or a Service Provider.
Any access to or use of the Platform assumes concomitant and unreserved acceptance of the terms of these terms. The Platform is aimed at professionals around the world, excluding countries subject to embargo by a resolution of the United Nations.
Users of the Platform undertake to respect the general conditions described below.
The User must be a capable adult, it must imperatively provide the necessary information accurately and modify them in case of change. To benefit from the Services, the User must open an account by registering for free on the Platform.
Access to the account data is protected by a login password chosen by the User at the time of registration. The User assumes sole confidentiality and responsibility for the uses that could be made of this alphanumeric suite and the potential uses induced.
The profile of the user is not moderate before being visible online. A validation takes place before allowing the Registered User to access all the features of the Platform.
In case of selection of the "service provider" option, referencing the profile in the database is automatic after the Provider informs the profile and performs an analysis based on a set of indices aimed at determining the quality of the data. profile. The Provider has the opportunity to request the referencing of his profile.
In order for this request for referencing to be valid, it is necessary:
complete information on the profile (precise description of the proposed activity, skills offered and previous references);
Add a profile picture of a face
specify the activity performed and the experience acquired;
ensure that the profile's business scope complies with the laws of the Republic and that the activity is declared.
The Company may trigger, without the need to initiate a contradictory procedure, or even to follow an informative step, the dereference of a profile that does not comply with these conditions. The Company may also refuse the listing of a profile without justifying the reasons.
In the event that the User disseminates false, inaccurate, outdated or incomplete data, his right of access to the account and its durability may be called into question by the Company.
Once registered in accordance with Article 3 and after validation of his profile, the User benefits from the Services offered by the Platform:
The Service Provider User has the option to contact the Customer User by responding publicly to his advertisements and the Client User can contact the Service Provider by requesting a quote via private messaging.
The use of these features is not intended to allow commercial solicitation, advertising, intrusive behavior. Consequently the messages must be adapted to the interlocutor and be changed systematically at the risk of being considered as spam.
In their public interactions on the Platform, Users do not transmit data giving contact information. If agreement is reached between the two parties on the nature and extent of the Mission, a tariff proposal can be formulated through the Platform's tools, including internal messaging.
The Company is not involved in the contracting between its Users, even if the exchanges take place on the Platform. The responsibility of the Company can not in any case be engaged with regard to the Missions.
The Customer may leave an assessment on the service provided by the Service Provider. Only a posterior moderation is planned. A notice engages the responsibility. As a result, we must pay attention to:
Access to the Services is reserved for the regularly registered and validated Users.
Telecommunication charges for Internet access and use of the Platform are the responsibility of the Users. There is no restriction on the time or duration of use of the Platform, regardless of the user profile.
The Company reserves the right, without notice or compensation, for example, to change the operational methods, servers and hours of accessibility, to temporarily or permanently close the Platform or access to one or more Services to perform a update or changes. In the same way, the Company reserves the right to provide the Platform and its Services with any modifications and improvements that it deems necessary or useful for the proper functioning of the Platform and its Services.
The Service Provider may proceed, from the Platform, to the subscription of a "Premium" subscription which makes it possible to obtain in particular the following advantages (non-exhaustive list likely to evolve without notice):
When subscribing, the User must choose between two payment frequencies:
The request to cancel the subscription is possible from the personal space of the User. After confirmation of the request, the cancellation is effective for the next billing period. The User retains the benefits associated with his Premium account for the billing period already paid.
The prices presented on the Platform for the subscription of a subscription are understood of all taxes included (TTC), unless otherwise mentioned.
Subscription subscription is by credit card only, through a secure online payment service (Stripe). When the payment is made by credit card, the activation of the Premium account and benefits related to this purchase is immediate.
The subscription of a subscription is not refundable. Following the subscription and each renewal, an invoice is available in the personal space of the User who is notified by e-mail of its availability. When the User subscribes to the subscription, it should be made available to him immediately and he therefore waives his legal right of withdrawal.
The subscription is personal and limited to its subscriber. It can not, under any circumstances, be shared between several Users. The Platform reserves the right to verify the IP connection addresses to ensure this personal use. In case of shared use found by the Platform, the Platform reserves the right to restrict or terminate access to the account in question. In the event of subscription to a subscription, the subscriber must make a reasonable use corresponding to its actual and actual needs.
The subscriber of the subscription must provide the Platform with the elements to feed his profile.
At the end of each Mission, the Client can evaluate the achievement of the Mission by the Provider, assign an overall score and a comment that will appear on the profile page of the Provider. These evaluations are intended to be definitive; they will be deleted only exceptionally and after express request and information of the author. The higher the number of evaluations, the more positive the ratings, the better the profile will be ranked in the search results. This criterion is not the only determinant of the position of the profile in the search results.
Providers also have the opportunity to be referred by other Users such as colleagues, friends or former clients, with whom they have collaborated in the past, provided that these recommendations are related to the professional activity of the Providers and that they are not complacent. These comments can be deleted directly by the Provider on his profile.
If he needs information about the Platform or its Services, the User can contact the Company using the Contact form or by sending an e-mail to: email@example.com
The User undertakes to access and use the Platform and its Services in accordance with the General Conditions of Sale and the laws of the French Republic. The user agrees that for verification purposes, the Company may take cognizance of the Content published and traded on the Platform.
The User undertakes to carry out all the declarations and formalities necessary for his activity, as well as to fulfill all his legal, social, administrative and fiscal obligations and all the specific obligations incumbent upon him in application of the legislation of which he depends on its activity. He will have to provide proof of his conformity. In the event of non-compliance, the Company's liability can not be incurred in this respect.
It is strictly forbidden to publish on the pages of the site accessible to other Users (especially on the profile page of the Provider, discussion areas, etc.) any contact information, such as a telephone number or an email address to get in touch .
The Client undertakes to propose a real, serious and sufficiently detailed Mission Offer to the Contractor (s) with whom he / she contacts the Platform in order to obtain a tariff proposal, so that its acceptance is sufficient to form the contract without misleading it. In case of inaccuracy, the Customer undertakes to provide the Provider with all the necessary details.
The Company makes every effort to ensure the continued access and smooth running of the Platform.
Nevertheless, given the limitations of the Internet, the Company can not exclude that the access and operation of the Services are interrupted, particularly in cases of force majeure, malfunction of the User's equipment, malfunctions of the Internet of the Internet. 'User, or maintenance operation to improve the Platform and Services. In the same way, a constraint related to the host, as in maintenance, having repercussions on the accessibility of the site can not involve the responsibility of the Company.
The Company guarantees neither the absence of a bug, nor the compatibility with a particular configuration and / or material, nor a delay of on line, and can not be held responsible for malfunctions related to the use of related software.
Consequently, the Company can not be held responsible for any interruption of the Services, whether voluntary or not, provided that it undertakes to make its best efforts to limit the interruptions that would be attributable to it.
The Company provides Providers and Clients with tools and technical means to enter into relations for the purpose of concluding a service contract through the Platform. Its responsibility is therefore limited to the provision of these means, as described herein and the relationship between Providers and Clients.
As the Company is not party in any way whatsoever to contracts relating to a Mission concluded between the Service Providers and the Clients, the latter are solely responsible for the difficulties, claims and disputes that may arise during the conclusion and / or the execution of those contracts. Consequently, each User releases the Company from any liability for direct or indirect consequences resulting directly or indirectly from the linking, conclusion and / or execution of such a contract between a Service Provider and a Customer. .
As such, the Company can not be held responsible for any cancellation of payment or revocation of debit authorization at the initiative of the Client alone, and the consequences that may result. The Company and the User are independent parties, each acting on his own behalf and for their own account. The Company does not enter into any contract in the name and / or on behalf of a Service Provider or a Customer, who contract directly with each other through the Platform. Consequently, the Company can not in any case be considered as an employee / employer, agent or principal of a User.
The Company can not be held responsible for the content published by Users, it is up to them to set up a procedure to guard against possible fraud or scams.
The User is solely responsible for all the Content that he chooses to put on the Platform, the Company that does not control the Content before the upload, can not be held responsible.
The User is solely responsible for any direct or indirect damage that he may suffer as a result of inaccurate, incomplete, and / or misleading information that he would provide when registering or in the absence of updating of these information.
The User expressly refrains from publishing any Content offensive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and morality, harming the public order or the rights of third parties, likely to undermine rights, reputation and image of the Company and more generally, the content of which would violate the law and / or regulations, including criminal law.
The Customer is solely responsible for the description of the Mission offer for which he requests a tariff proposal from the Service Provider. In the event of an error in the description of the Mission offer or incorrect information, the Customer will only assume the necessary additional services and additional costs.
The Service Provider acknowledges that the tools and technical means made available by the Company, particularly for invoicing purposes, do not relieve it of its responsibility as to the legal obligations incumbent upon it in this respect, in particular as regards the mandatory information to appear on its invoices. or in terms of applicable taxes.
The User is solely responsible for the conclusion and execution of the contracts relating to a Mission that he concludes with another User through the Platform, the Company intervening only to put them in relation. The conclusion and the execution of these contracts, which intervene directly between a Service Provider and a Customer, take place on the initiative and under the exclusive responsibility of the latter.
In accordance with the law "Informatique et Libertés" of January 6, 1978 amended by the law of August 6, 2004, the User is informed that the Company performs automated processing of personal data of the User, including when connection to the Platform, registration to the Platform or when using the Payment System. These data are intended to enable the Company to make the Services accessible to the User and are also used for statistical purposes, direct marketing and the sending of newsletters. The User has the right to access, modify, rectify and delete personal data concerning him.
The information collected is neither resold nor communicated to third parties. The Company keeps the data for a period of five years from the closure of the User's account.
The Company is the recipient of personal data collected through the Platform. It undertakes to use all means to ensure the security and confidentiality of this data.
The User may oppose this treatment by invoking legitimate grounds. He acknowledges that he is aware that this automated data processing has been the subject of the declaration registered under the number 1827038 with the CNIL.
To exercise your rights, the User simply has to write to the following email address: firstname.lastname@example.org or send an email to: FREDNASSAR SASU, 170 avenue Parmentier, 75010 Paris.
The proper functioning of the Platform and its Services imply the presence of cookies implanted in the User's computer during its connection in order to record the information relating to navigation (pages consulted, date and time of the consultation, etc. .) and the identity of its Users.
The Platform and all its elements, including but not limited to, texts, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of the Company or that of its partners.
With the exception of the elements published under a free license, all reproductions or representations, even partial, by any process whatsoever, all requests automated or not retrieval of data published on this platform, made without the authorization of the publisher are illicit and constitute an infringement in accordance with the provisions of the law of March 11, 1957, article 40/41 and article 42 of the Penal Code).
The User may create hypertext links redirecting in particular to the home page of the Platform or to his profile page if it is a Provider.
On the other hand, it is forbidden to create a link from platforms that do not comply with the legislation in force or that could harm the interests of the Company. As a result, the Company reserves the right to remove, without notice or information, any link that violates these Terms and Conditions.
The Company does not exercise control or responsibility over the platforms or the products and / or services available on or from these third-party platforms that include a hypertext link to the Platform.
Any User who publishes Content on the Platform retains full ownership.
On the other hand, by communicating Content through the Platform, the User expressly authorizes the Company to use, broadcast, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of the Content on the Website. Platform, social networks, blogs operated by the latter and / or on any other media (including physical and digital media, press kit, commercial support, promotional and / or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing, advertising of the Services and the Platform or for the purposes of setting up partnerships. This authorization is valid for the entire world and for the duration of the registration of the User.
The User acknowledges that he does not have to specifically accept the use, reuse or transformation of his Content by the Company. Even once unsubscribed, the termination of his account can not be questioned.
The Company reserves the right to modify all or part of these Terms and Conditions. In this case, notification will be made to the User by a window appearing on the Platform. The modification of the General Terms and Conditions will be tacitly accepted if the User continues to connect to the Platform without express objection.
This contract is concluded for an indefinite period from the acceptance of the General Conditions by the User.
In the event that the User does not comply with these General Conditions and / or commits any breach of the laws and regulations in force, the Company is entitled to suspend or close the User's account, automatically and automatically, and deny him, in the future, access to all or part of the Services, without prejudice to any damages and interest that the Company would be entitled to claim.
In the event that any of the clauses of the said contract are declared null and void by a change of legislation, regulation or by a court decision, the validity of these Terms and Conditions will not be affected.
If the Company does not exercise the rights granted to it pursuant to the texts or the General Conditions, this does not constitute a waiver of its rights.
Any dispute between the Company and a User, whether in connection with the formation, execution, interpretation, validity, termination or resolution of these General Terms and Conditions including for the procedures conservatory, emergency procedures, in the event of interlocutory proceedings, warranty claims, petitions or multiple defendants, will fall within the jurisdiction of the Courts of the Paris Court of Appeal. When the dispute concerns a consumer, the rules applicable to the law of consumption will apply.