25 allée Rose Dieng-Kuntz
75019, Paris
+33 (0)1 82 02 21 20
75019, Paris
+33 (0)1 82 02 21 20
This appendix governs the conditions of use of the Online Service
1. Object
The purpose of this appendix is to define the terms of access, operation and use of the Online Service as well as the respective rights and obligations of the Service Provider and HUBADVISER in this context.
2. Evolution of the Online Service and modification of the Terms of Use
To improve its functioning and its quality, HUBADVISER continually evolves the characteristics and functionalities of the Online Service.
In this regard, HUBADVISER may unilaterally modify the Conditions of Use concerning the technical aspects of the Online Service provided that this does not result in any increase in price or deterioration in quality and that the characteristics to which the Service Provider has made its commitment subordinate may have appeared in the Terms of Use.
For other modifications to the Conditions of Use, HUBADVISER informs the Service Provider, by any means, at least 30 days before their entry into force. If there is no objection by the Service Provider within this period , the modifications will be considered as having been read and accepted. In case of objection or refusal of the modifications, the Service Provider must cease using the Online Service.
3. Creation and operation of the Account
3.1 Account Creation
To create their Account, the Service Provider clicks on” Connect ” in the “Espace Advisers ” section and identifies himself through (i) LinkedIn Connect or (ii) Google Connect. The Service Provider understands and accepts that the synchronization of his LinkedIn or Google profile allows HUBADVISER to access the information available in this context.
The Service Provider undertakes to immediately update the information appearing on the Account in the event of any modification (in particular, information relating to its legal structure, possible VAT liability, company name or the registered office). The Service Provider guarantees and assures HUBADVISER that it has the power and capacity to create the Account and use the Online Service.
At the end of this registration process, the Service Provider receives an email confirming the creation of the Account.
3.2 Finalization of the Account
To finalize the creation of the Account, the Service Provider understands and accepts that he may be asked to participate in workshops, meetings or to be contacted by HUBADVISER in order to qualify his interpersonal skills and better appreciate personal and professional experiences.
Once the Account is finalized and after logging in, the Service Provider:
must complete their profile and verify that the information provided is up to date and correct.must complete the section dedicated to legal and fiscal information, providing the requested information (in particular, the legal status, the SIRET number or the VAT number) and the documents (in particular, the document d identity, RIB, Kbis extract, certificate of status or certificate of registration in the SIRENE directory and certificate of vigilance URSSAF).can in particular manage their availability, access the” Slack “network to interact with the community and benefit from a catalog of marketing, partnership or sponsorship-type programs.
To access mission requests and / or follow a current mission, the Service Provider must go to the dedicated section.
4. Account access, use and security
The Provider understands and accepts that he is responsible for the access and use of his Account.
Except technical failure attributable to HUBADVISER or case of force majeure, the Service provider is responsible for the confidentiality of its connection data and undertakes to implement all measures to ensure the security and confidentiality of connection data.
If the Provider has reason to believe that their login details have been lost, stolen, misappropriated or compromised in any way, or in the event of unauthorized use of their Account, the Provider must immediately notify HUBADVISER. In such a situation, the Provider authorizes HUBADVISER to take all appropriate measures to prevent any new access to the Account.
5. HUBADVISER commitments
HUBADVISER undertakes to make the Online Service available to the Service Provider and to make its best efforts to ensure accessibility and proper functioning.
As such, HUBADVISER undertakes to ensure that the Online Service is accessible 24 / 24h and 7 / 7d except in cases of force majeure or unforeseeable and insurmountable behavior of a third party, and subject to any breakdowns and maintenance and updating operations necessary for the proper functioning of the Online Service.
HUBADVISER undertakes to set up a support service to answer questions and provide assistance in the event of difficulty. For any question or request for information concerning the Online Service, the Service Provider can contact HUBADVISER by sending an email to contact@hubadviser.com .
In the event of a malfunction or anomaly disrupting the proper functioning of the Online Service, HUBADVISER undertakes to make its best efforts to restore the situation.
6. Responsibility of HUBADVISER
HUBADVISER is not responsible for the difficulties or momentary impossibilities of access to the Online Service or to the Account if they originate from circumstances which are external to it, force majeure, or which would be due disturbances in telecommunication networks.
In cases where HUBADVISER could be held liable for the Online Service, this is limited to certain, direct and foreseeable damages. For damages resulting from a failure by HUBADVISER, the compensation due to the Service Provider, in the event that its liability is directly incurred and proven, will be strictly limited to the costs directly and effectively borne by the Service Provider.
7. Commitments of the Service Provider
The Service Provider understands and accepts that it is strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Online Service, (ii) any intrusion or attempted intrusions into HUBADVISER’s systems, (iii) any misappropriation of the Online Service and Account system resources, (iv) any action likely to impose a disproportionate load on HUBADVISER’s digital infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and financial, commercial or moral interests of HUBADVISER and other users of the Online Service, (vii) any breach of the Conditions of Use, (viii) any copy and / or misappropriation of HUBADVISER’s digital infrastructure and (ix) more generally any practice diverting the Online Service for purposes other than those for which they were designed.
In the event that the Service Provider fails to meet one of these obligations, HUBADVISER may, without notice or compensation, suspend the Account and / or access to the Online Service.
8. Responsibility of the Provider
The Service Provider is solely responsible for his use of the Online Service and the Account, so that he is liable for any damage that he is likely to cause due to his behavior and inaccurate information , incomplete, and / or misleading that he would provide when registering or in the absence of updating of this information, which he alone assumes the consequences.
9. Intellectual property
The Online Service and each of its components, notally, but not limited to, the software, structures, infrastructures, databases and content of any kind (texts, images, visuals, logos, brands, etc.) operated by HUBADVISER are protected by all intellectual property rights in force.
The Service Provider recognizes and agrees that the Online Service and all the elements that compose it , including all associated intellectual property rights, are the exclusive property of HUBADVISER.
Any reproduction or representation, in whole or in part, of the Online Service or of each of its elements, without the authorization of HUBADVISER, is prohibited.
Likewise, the Service Provider is prohibited, except with the prior written authorization of HUBADVISER, to use, reproduce, adapt, modify, create derivative works, distribute, license a license, to sell, transfer, publicly present, transmit, distribute or otherwise exploit the Online Service and all of its elements belonging to HUBADVISER.
10. Rules of the HUBADVISER Sponsorship and Business Contribution Operation
Preamble
HUBADVISER company , a simplified joint-stock company with a share capital of € 15,000.00, domiciled at 5 T Rue Victor Schoelcher 78711 Mantes-La-Ville, registered with the RCS of Versailles under number 898 057 161 and represented by its Chief Executive Officer, Mr. Ismail Charkaoui duly authorized for the purposes hereof (hereinafter referred to as “HUBADVISER “) permanently offers on the site www.hubadviser.com a sponsorship and business contribution operation.
Indeed, HUBADVISER operates a platform, accessible from the website www.hubadviser.com (hereinafter the ” Platform“), allowing among other things companies (hereinafter the “Clients“) to be put in touch with independent professionals with specific skills in the digital professions (hereinafter the “Advisers“) to collaborate in the realization of a project.
The sponsorship and business contribution operation allows any member registered on the Platform (hereinafter the”Godfather“) from:
– recommend to a profile of his circle of acquaintances (hereinafter the “ Referral“) to register on the Platform to apply for HUBADVISER projects and / or or to recommend a project to HUBADVISER.
Article 1: The Godfather
This operation is reserved for members registered on the platform and wishing to participate in the sponsorship operation. By member is meant any natural person of at least 18 years of age and legally capable of contracting and of use the Platform in accordance with the General Conditions of Use of the HUBADVISER website or any legal person legally capable of contracting and using the Platform in accordance with the General Conditions of Use of the HUBADVISER website.
The Sponsor cannot be an employee or manager of the Client contracting the mission provided or performed by the Sponsor.
Article 2: Terms
The Sponsor may, in his capacity as holder and responsible for the processing of the Sponsor’s data provided to HUBADVISER, provide HUBADVISER with certain information about them (in particular surname, first name, domicile or company name and registered office) social, telephone number and email address), so that HUBADVISER can contact them electronically with the aim of registering on the Platform through a referral link.
The Sponsor undertakes to have obtained the explicit consent and informed his Referrals. HUBADVISER acts only at the will of the latter. Consequently, the Sponsor releases HUBADVISER from any liability due to information it provides to HUBADVISER.
To participate, the Sponsor must use the dedicated links described in their personal space on the HUBADVISER platform, or notify their HUBADVISER sales contact of the mission they are bringing or the Sponsor they are sponsoring.
Any Advisers who have been recommended by a Sponsor and who will carry out a first mission through the Platform will be considered as Sponsored.
Thus, the sponsorship mission is considered as carried out when the Referee has registered on the Platform and has started a first mission with a Client thanks to the tools made available by HUBADVISER and the networking procedures carried out by the latter.
Article 3: Duration of the sponsorship and business contribution operation
The operation is offered to Sponsors for an indefinite period. Nevertheless, HUBADVISER is free to shorten or modify and even cancel it, at any time, without having to justify a reason, without compensation and without notice. Its responsibility cannot be engaged for this fact, for any reason whatsoever.
The validity period of the Referral-Referral links giving rise to Remuneration is one (1) year from the date of registration of the Referral on the HUBADVISER platform
Even if you change or cancel this operation:
Remuneration related to current missions remains due to the SponsorThe validity period of the Sponsor-Referral links giving rise to Remuneration of one (1) year continues to run for Referrals registered before this date.
In any case, except after the end of the sponsorship operation, the Sponsor can recommend as many Referrals as he wishes.
Article 4: Remuneration of the Sponsor
In return for the recommendation or the contribution of the mission, the Sponsor will receive from HUBADVISER a remuneration corresponding to the Option chosen (hereinafter the “Remuneration“).
As an indication and in accordance with the General Conditions of Use of the Platform, the HUBADVISER commission corresponds to the costs of connection and administrative follow-up paid by the Customer, generally noted between 10% and 15 % of the amount of the Advisers’ service.
The net margin of HUBADVISER (hereinafter” Net Margin “) is defined as being the commission received from the Client by HUBADVISER, less administrative and banking costs fixed at 2.5% of the amount of the prestation of Advisers. For example, the Net Margin of a 15% mission is thus 12.5%.
Three Compensation assumptions are possible:
OPTION 1: In the event that the Sponsor brings a Sponsor who contracts on a HUBADVISER mission, the Sponsor will receive, in return, remuneration equivalent to 33% of the Net Margin of the first 60 days of the first mission carried out by the Sponsor.
This remuneration is due only if:
– this is the Sponsor’s first HUBADVISER mission and– the assignment is greater than or equal to 30 days and– The Referral is registered on the platform at most 1 year before the date of signing of his first mission– This is exclusively a” Boost “mission as defined on the HUBADVISER website (placement of Advisers not known to the Client, and not administrative portage called” Connect “)
OPTION 2: In the event that the Sponsor provides HUBADVISER with a contractualized mission, the Sponsor will receive, in return, remuneration equivalent to 33% of the Net Margin of first 60 days of the first mission brought.
This remuneration is due only if
– The assignment is greater than or equal to 30 days and– this is a new mission and not a renewal– This is exclusively a” Boost “mission as defined on the HUBADVISER website (placement of Advisers not known to the Client, and not administrative portage called” Connect “)
OPTION 3: In the event that the sponsor brings to HUBADVISER both a Referral and a HUBADVISER mission which is contractualized (the Referral and the mission being inseparable), the Sponsor will receive, in return, remuneration equivalent to 33% of the Net Margin for at most the first year of the assignment (calculated on the number of days invoiced between the day of the start of the assignment and (i) the anniversary date one year more late or (ii) the date of the end of the assignment).
This remuneration is due only on the first mission and not its renewals.
(for example, if the initial contract stipulates a 6-month assignment, the remuneration will cover 6 months; if the initial contract stipulates a 2-year assignment, the Remuneration will cover 1 year ).
This remuneration is due only if:
– The assignment is greater than or equal to 30 days and– this is a new mission and not a renewal– This is exclusively a” Boost “mission as defined on the HUBADVISER website (placement of Advisers not known to the Client, and not administrative portage called” Connect “)
In the event that the Sponsor does not complete the assignment in its entirety in accordance with the terms predefined in the service contract signed with the Client, the Sponsor
will receive remuneration calculated only on the number of days worked by the Referral.
Remuneration will take the form of cash, by bank transfer.
The Sponsor is informed that this Remuneration can only be sent to him if his profile is filled in directly with HUBADVISER, and in particular with regard to the K-bis if applicable, the identity document, the Rib, as well as any other legal documents requested by HUBADVISER.
As part of OPTION 3, the Sponsor must send an invoice every 3 months after the start of the mission, following receipt of the call for invoice sent by HUBADVISER. under OPTIONS 1 and 2, the Sponsor must send his invoice once the 60 days have passed.
The payment will be made by HUBADVISER as soon as possible following the sending of the invoice by the Sponsor to accountant@hubadviser.com.
Article 5: Acceptance of the Rules &
Participation in this sponsorship operation implies full acceptance of these rules. Participants expressly authorize HUBADVISER to publish their contact details on the Platform and in any advertising-promotional event linked to this operation sponsorship without this publication giving rise to any consideration other than remuneration.
Article 6: Management of personal data
In accordance with the Data Protection Act of January 6, 1978 amended by the law of August 6, 2004, participants have the right to access and rectify personal data concerning them by writing to the ‘following e-mail address accountant@hubadviser.com or by sending a letter to: HUBADVISER, 55 T Rue Victor Schoelcher 78711 Mantes-La-Ville.
Article 7: Applicable law – competent jurisdiction
These rules are governed and interpreted by French law.
The Parties undertake to submit any dispute or dispute relating to the validity, interpretation, execution and / or termination of this Contract to the exclusive jurisdiction of the Commercial Court de Paris.
Appendices
General Terms of Conditions