Table of Contents
- Legal information
- Scope of the general terms and conditions of use (GTC)
- Using FITinNetwork
- The realization of a service : Relationships between users
- Intellectual property
- Personal data & Privacy
- FIT in EUROPE's Liability
- Termination of contract
- Applicable law & jurisdiction
Applicable as of May 6, 2020
1. Legal information
You are currently connected to the website www.fitin-network.com, published by FIT in EUROPE B.V., registered with the Chamber of Commerce of Utrecht under number KvK 71.546.690 and domiciled in Schepen 39, 2671 HN Naaldwijk, Netherlands and having as email address firstname.lastname@example.org and for intra-community VAT number NL 8587.57.114
1.2 Hosting company
The Site is hosted by OVH, whose registered office is located at 2 rue Kellermann - 59100 Roubaix - France, telephone: +33 (9) 72 10 10 10 07 or 1007.
FIT in EUROPE BV Company owner of the "FIT in NETWORK" website and publisher of the platform for bringing together Experts and Customers, hereinafter identified by FITinNETWORK services.
FIT in GROUP SAS registered with the Compiègne Trade and Companies Register under number 804 853 737, domiciled at 11 Avenue Myron Herrick, 75008 Paris, and member for France of the FIT network in ;
Platform: FITinNETWORK site allowing the linking of Experts and Clients for the realization of shared and full-time Missions (Transition Management);
Mission: All the data (information, sounds, photos, multimedia, etc.) that a Client puts online on the FITinNETWORK website to propose the completion of a mission with an obligation of means.
Client : Individual or legal entity, registered on the FITinNETWORK platform that puts one or more mission requests online on the FITinNETWORK website.
Expert: Natural or legal person, registered on the FITinNETWORK platform which puts data online (information, sounds, photos, multimedia, etc.) in order to be able to offer his services on the FITinNETWORK website. It is a service provider.
User: Natural or legal person using FITinNETWORK's services.
Client Account: Account opened by the Client by registering on the FITinNETWORK site to allow him/her to access FITinNETWORK's services.
Expert Account: Account opened by the Expert by registering on the FITinNETWORK website to allow him/her to access FITinNETWORK services.
Profile: Information entered by the Expert on FITinNETWORK containing all the information and data concerning him.
Price proposal: All the information entered by the Expert on FITinNETWORK to respond to a Client's Mission proposal.
Partner: Third party company with which FIT in EUROPE BV maintains commercial relations in order to provide additional services or information to the User.
3. Scope of the General Terms and Conditions of Use (GTC)
The General Terms and Conditions are available on the FITinNETWORK platform. Their purpose is to :
- To determine the conditions under which FIT in EUROPE offers its offers to Experts and Customers, accessible via FITinNETWORK.
- Determine the rules for online use of FITinNETWORK's services as well as the rights and obligations of the User and FIT in EUROPE.
Registration on FITinNETWORK, either as a Client or as an Expert, implies full acceptance of these General Terms and Conditions of Use (hereinafter "GTC") and an undertaking to comply with their terms and conditions.
FIT in EUROPE has the right to develop its offers, to add and/or modify its products and services, to add functionalities to them, without the Expert and the Client being able to claim any compensation.
The data recorded on FITinNETWORK constitute the proof of all transactions.
If an Expert or Client of FITinNETWORK contravenes or acts in violation of these T&Cs, FIT in EUROPE reserves the right to suspend its Account and terminate its registration immediately.
FIT in EUROPE reserves the right to modify its T&Cs at any time, in whole or in part, in particular to add new functionalities or modify existing ones. It is therefore the User's responsibility to regularly consult the T&Cs to be informed of any changes and updates. In the event of disagreement, the User retains the right to request the deletion of his Account.
By continuing to use all or part of FITinNETWORK's services, the user accepts the updated T&C.
FIT in EUROPE provides Users with an online Platform to publish offers and requests for services via the Internet and accessible online at www.fitin-network.com FIT in EUROPE, via FITinNETWORK, offers to connect service requesters, called Clients, with service providers, called Experts.
FIT in EUROPE provides:
- Technical tools and storage space allowing registered Experts to publish on FITinNETWORK information relating to their Profile and their service offers; and registered Clients to publish their Missions proposals;
- The contact technology that allows FITinNETWORK Experts and Clients to facilitate their contact;
- The information provided on FITinNETWORK by Customers and Experts is under their sole responsibility. FIT in EUROPE cannot be held responsible for the content and veracity of a Client Account or Expert Profile.
4. Using FITinNETWORK for Experts and Clients
4.1. Be an Expert on FITinNETWORK
To offer services as an Expert, the creation of an Expert Account and a Profile on the Platform is mandatory. The Expert must also:
- Be over the age of majority for any natural person ;
- Having the legal capacity to enter into contractual relationships ;
- Not be marked with a prohibition to direct, administer or control a company ;
- Have an appropriate legal status (company, auto-entrepreneur, wage portage, etc...) and have completed the legal and regulatory declarations and formalities necessary for his activity allowing him to legally exercise his activity as an Expert and to issue invoices denominated in Euro (€) for each Mission performed ;
- Have at least 15 (fifteen) years of recognized professional experience ;
- Have the necessary insurance to cover its liability for the services offered to Customers via FITinNETWORK ;
- Commit to the values as described on the Platform
- Accept to be systematically put out to competition for any Mission proposal.
The Expert undertakes to provide accurate, truthful and sincere information and to regularly update it in the event of any changes. At the simple request of FIT in EUROPE, the Expert must provide it with any document relating to its identification or situation with regard to the legal obligations in force within 48 hours.
In order to be able to request the posting of his profile online, the Expert must have provided the minimum information requested by FITinNETWORK and have accepted the T&C. At the end of a consistency review and pre-qualification process carried out by FIT in EUROPE, the profile may be put online and visible to Customers within 48 hours.
The Expert remains solely responsible for the information contained in his Expert Account, his Profile and any element he has decided to make available on the Platform. The Expert undertakes to use the Platform in a fair manner and refrains from circumventing the relationship proposed by the Platform.
If the Expert does not comply with one of the above conditions or a legal provision by using the services of the Platform, FIT in EUROPE reserves the right to suspend his Account, to prohibit his access to the Platform temporarily or permanently.
FIT in EUROPE is not a recruitment agency, nor an interim company and does not have the status of employer of Experts. The Experts have no subordination relationship via FIT in EUROPE to FIT in EUROPE when using FITinNETWORK's services.
4.2. Be a Premium Expert on FITinNETWORK
Any Expert with an account already online on FITinNETWORK has the possibility to subscribe to a "Premium" subscription allowing him to promote his visibility and increase his chances to find Missions through the platform.
The benefits and services offered to Premium members are as follows:
- Full visibility of their identity with First and Last Name for all Users of the site
- Link display on the LinkedIn profile from FITinNETWORK for all Users ;
- Visibility on FITinNETWORK reinforced by a distinctive logo and a specific colour code ;
- Appearance in the profile sorting criteria at the top of the lists, as a priority ;
- Possibility to upload on your Expert profile a brochure presenting in a more precise way your skills and your offer of services to Customers ;
- Possibility to add an Internet link (HTML) on an external site presenting its service offer ;
- Opening of the sponsorship function of a mission: any Premium Expert who proposes a mission through the FITinNETWORK network, leading to the effective conclusion of a mission for one of the members of the network, will be entitled to a sponsorship commission representing 5.0% (five percent) of the amounts before tax invoiced and paid for the first 6 (six) calendar months of the said mission. This commission will be invoiced by the Sponsor to FIT in NETWORK in the form of business provider fees. In return, the Sponsor will ensure the proper monitoring of the achievement of the mission it has proposed to the FITinNETWORK network.
In return for the services offered to Premium Experts, a contribution will be paid automatically and by direct debit, the amounts of which are as follows:
Premium experts with a Company registered in the European Union subject to VAT:
- Annual contribution, one-off payment: EUR 200.00 excluding VAT without VAT
- Annual contribution, payment in twelve monthly instalments: EUR 20.00 excluding VAT, i.e. an annual contribution of EUR 240.00
- Not having a Company registered in the European Union
- Not being subject to European VAT ;
- Disposed of a company registered in the Netherlands:
- In all three cases, the contributions remain the same as the amounts indicated above and are increased by Dutch VAT at the rate of 21.0% (twenty-one percent).
Payments are made exclusively by direct debit from a bank card issued by one of the countries of the European Union. Each payment made by a Premium Expert is the subject of a corresponding invoice issued by FIT in EUROPE.
4.3. Being a Customer on FITinNETWORK
Access to the Platform is free and any User has the possibility to view a summary Profile of the Experts. To view the complete Expert Profile, access services and publish a Mission, it is necessary to create a Client Account on FITinNETWORK.
By creating a Mission on the FITinNETWORK Platform, the Client authorizes:
- Experts to consult and respond to its requests.
- FIT in EUROPE, through its networking technology, to transmit the information contained to the Experts whose Profiles could correspond to the requested Missions.
- FIT in EUROPE to communicate the information to its Partners so that they can disseminate it on their own networks in order to reach the greatest number of professionals capable of responding to the requested Missions.
The Customer may request the deletion or termination of his Client Account. However, information related to the Client Account may remain visible if it has been shared with other FITinNETWORK Users prior to the request.
To ensure the proper functioning of his Client Account, the Client undertakes to:
- Create only one Account,
- Do not give a false identity and false information,
- Do not create a Client Account on behalf of a third party ;
- Use the Platform and FITinNETWORK services fairly and refrain from directly soliciting the Expert outside the Platform.
The Client undertakes not to use FITinNETWORK's services to publish requests or content that do not comply with the laws and regulations in force in the country where the Mission is published; their sole purpose would be to find out the pricing proposals proposed by the Experts and then forward them to one or more competitors.
FIT in EUROPE reserves the right, at its sole discretion, to delete any requests and/or published content that does not comply with the T&Cs or whose content may infringe FIT EUROPE, the "FIT in" brand or its image or the Experts using FITinNETWORK's services.
The Client is solely responsible for the Missions that it posts on the FITinNETWORK platform. FIT in EUROPE has no obligation of result as to the response that could be given by the Experts to the Clients' Mission proposals.
The Client undertakes to pay the invoices to be issued by FIT in EUROPE for the performance of the Missions exclusively by bank transfer within a maximum of 15 days. Any delay in payment shall automatically result in the application of late payment penalties equal to 3 times the legal interest rate and a flat-rate compensation for recovery costs amounting to 40 euros.
4.4. Be a User on FITinNETWORK
The Experts and Clients of the Services of FIT in EUROPE BV undertake not to:
- Transmit to FITinNETWORK any prohibited, unlawful, illegal data contrary to public policy and/or morality;
- Endangering the security of the Platform
- Use FITinNETWORK's services for any purpose other than that of the site.
In the event of non-compliance with one of the prohibitions referred to above, FIT in EUROPE reserves the right to temporarily or permanently suspend the User's Account.
4.5. Terms and conditions on FITinNETWORK
FITinNETWORK's vocation is to put Experts and Clients in contact with each other in order to carry out Missions and provide solutions to Users. Within the framework of the Missions to be concluded, FIT in EUROPE is the company invoicing the services to Clients, it organises the provision of Experts according to their status (subcontracting, wage portage, others) and ensures the follow-up of the completion of the Missions concluded through it with an obligation of means.
In order to remunerate its services, FIT in EUROPE retains a global commission of 25% (twenty-five percent) on the amount invoiced before tax for the missions concluded through it. The company also collects the invoiced amounts from Customers, whose payment term is a maximum of 15 (fifteen) calendar days at the end of each month, as well as the payment of Experts who have carried out Missions at the latest 5 (five) days after the payments received from Customers.
All payments received from Customers and made to the Experts are made in Euros (€), to an account based within the European Union and exclusively by bank transfer.
5. The realization of a service: Relationships between users
FIT in EUROPE provides Users with an online service, via the FITinNETWORK Platform, designed to enable Experts to promote their services and Clients to find the best service solutions to meet their mission needs.
By using FITinNETWORK's services, the Expert can consult the various service requests from Clients and receive proposals for Client Missions and FITinNETWORK.
The Expert has the possibility to respond to the various Missions proposals via FITinNETWORK and to specify his motivation, skills, availability and commercial conditions to respond to the Mission's request.
The Client and FITinNETWORK receive the applications from the Experts and can select the one that seems most appropriate and relevant to the expressed need. The contact is made by FITinNETWORK and, in the event of the Client's agreement on the proposal of an Expert, the Mission is carried out exclusively by FIT in EUROPE, which invoices the Client and subcontracts the provision of services to the Expert who has been selected for the Mission.
FIT in EUROPE undertakes to do its best to implement all procedures to limit the risks related to intrusions, hacking, or the insertion of viruses on its server and/or on FITinNETWORK. As everything is done to ensure the maximum security of the content, FIT in EUROPE declines all responsibility in the event of intrusion, hacking, or the insertion of viruses on its server, via its professional hosting solution, and/or in transmitted emails.
FIT in EUROPE cannot be held responsible for the results of Missions' requests, in particular if they do not satisfy the Client, either on the number of responses or on the Price Proposals.
FIT in EUROPE cannot be held liable in the event of malfunctioning systems beyond its control, in particular computer networks, telephone and Internet communications, or in the event of force majeure (strike, failure of the Internet network, etc.).
FIT in EUROPE reserves the right, without notice or compensation, to temporarily or permanently close the Platform or access to certain services for updates, maintenance or service improvement work, without this list being exhaustive.
FITinNETWORK includes links to third-party sites. FIT in EUROPE cannot be held liable for hypertext links to other sites.
7. Intellectual Property
The contents of the Platform (information, texts, graphics, videos, images, logos, button icons, files, etc.), the structure and software used to operate the Platform belong exclusively to FIT in EUROPE; they are protected by copyright and database law.
By communicating content through the Platform, the User expressly authorises FIT in EUROPE to host, store, use, distribute, broadcast, communicate, publish, translate and display all or part of the content on the Platform on social networks or on any other media, by any means for the purpose of marketing promotion, exploitation, advertising or for the needs of its partnerships. This authorization is valid worldwide and for the entire duration of the registration.
9. Personal data & privacy
Users' data are processed by FIT in EUROPE to ensure the proper functioning of the Platform and services.
Users are informed that the information they provide on FITinNETWORK is necessary for the processing and performance of the services and that usage information (IP address, Date, Time, connection time, etc.) is also recorded on the site, stored and analysed for the purpose of developing and improving the services.
By registering on FITinNETWORK, the User agrees to receive newsletters, mission offers and news from the "FIT in" network and its partners on his registered email address. The User is informed that he/she has the right to access and rectify the data concerning him/her.
FIT in EUROPE is not responsible for any third party's failure to comply with the privacy settings or security measures in force on FITinNETWORK. In any event, any breach of the security of the User's data and information may be reported to email@example.com
10. FIT in EUROPE's liability
Access to the Platform is possible 24 hours a day, 7 days a week, subject to possible failure and maintenance intervention necessary for the proper functioning of the site. FIT in EUROPE reserves the right to make the Platform inaccessible, for any reason whatsoever, without Users being able to claim any compensation.
Given the complexity of the Internet network and the influx of Internet users at certain times, FIT in EUROPE does not offer any guarantee of continuity of service and cannot be held liable in the event of temporary inability to access all or part of FITinNETWORK's services.
If FIT in EUROPE is liable, its liability for damages suffered as a result of the use of FITinNETWORK, FIT in EUROPE services and/or FITinNETWORK content will be limited to the sum of one hundred (100) euros, regardless of the nature of such contractual, tort, quasi-delict or criminal liability.
11. Termination of contract
FIT in EUROPE may automatically refuse the use of its services to Users, without delay or compensation, in the event of a breach by the User of any of its obligations under these T&Cs.
The only rights and remedies available to the User exclusively in the event of dissatisfaction with the Platform, the services offered or any other grievance are the termination and interruption of his access to FITinNETWORK and its use.
The invalidity of one of the clauses of these T&Cs shall not invalidate the other clauses or the General Terms and Conditions as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose hereof.
13. Applicable law & jurisdiction
Any dispute relating to the use of FITinNETWORK's services and/or the interpretation of these General Terms and Conditions shall be governed by Dutch law.
In the event of a dispute, jurisdiction is assigned to the Amsterdam's Commercial Court.
Unless otherwise provided by public policy, any disputes that may arise in connection with the execution of these GCU must be settled amicably before any legal action is taken.
FIT in EUROPE wishes you an excellent navigation
and many opportunities for missions through FIT in NETWORK!