General Terms and Conditions of Use and Sale of PROXIWAVE SRL
The present general conditions of use and sale (hereinafter referred to as "General Conditions") are concluded between :
PROXIWAVE SRL, a limited liability company, registered in the Trade and Companies Register of Bucharest under number RO36877369 and whose registered office is located at Strada Roma 42A, Bucharest, Romania (hereinafter: the "Company").
The User of the Site www.pitchandmatch.biz
The Company operates an Internet site accessible at www.pitchandmatch.biz, offering an online marketplace dedicated to putting ESNs and Clients/Project Leaders in touch with each other, while offering expertise to Clients/Project Leaders.
The purpose of these General Conditions is to govern the terms and conditions of use and sale of the Site, as well as to define the rights and obligations of the Users who are in contact with the Site.
Any access and/or use of the Site implies unreserved acceptance and compliance with all the terms of these General Conditions.
I - Definitions
means any legal or physical person, using the Site for strictly professional purposes, with a view to entering into contact or being put in contact with one or more NSEs in order to entrust it with the performance of a service.
designates all remarks, messages or information of any nature whatsoever (text, images, videos, photographs, comments, brands, company names, etc.), put online by a User on the Site.
Digital Services Company: means any individual or legal entity, either with a SIRET number and registered with the Trade and Companies Register, the Trade Directory, the House of Artists, Agessa, with the status of micro-entrepreneur or practicing as a freelancer under legal conditions from France or abroad and which offers its services to Customers/Project Owners through the Site.
Refers to any person who has acquired a high level of skill through experience and practice in one or more of the areas of expertise offered by the "Company" and who is solicited by the "Company" as part of the diagnosis of the projects proposed by the Clients/Project Owners and the evaluation of the proposals for fixed-price services carried out by the DSCs.
Service consisting of "renting" the skills of a computer scientist/engineer or computer technician from an DSC for a fixed period and at a defined daily rate. Legally, the DSC has an "obligation of means".
Service on the basis of a schedule of conditions given by the customer to the DSC via the portal (site) of the "Company". A commercial proposal with a fixed price and a delivery deadline is given to the client/project sponsor.
Legally, the DSC has an "obligation of result" and it decides on the means (number of computer scientists/engineers/IT technicians who will work on the project) to be implemented.
Site: designates the Internet site whose address is www.pitchandmatch.biz.
designates all the services provided by the Company on the Site and in particular, the service of putting in contact between DSCs and Clients/Project Leaders, the services of providing tools of means of payment for DSCs, as well as services intended to accompany the Client/Project Leader in the search and selection of DSCs for the accomplishment of services in technical assistance and/or fixed price.
means the DSCs, the Clients/Project Leaders and the experts.
II - Registration to the Site
2.1 In order to access the Services, the User must create an account by registering for free on the Site.
The User must be at least 18 years old and be legally capable of contracting and using the Site in accordance with these Terms and Conditions. The User is required to provide accurate information that he/she agrees to update immediately in case of changes.
Access to the account created is protected by an identifier and a password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of his login and password, and is the sole guarantor of their confidentiality, as well as of any use of his account.
2.2 In order to be listed as an DSC on the Site and to be visible to Users, the User is also required to provide accurate and complete information on his profile page, as well as to update it.
The User is required to indicate as his main area of activity, the place where he is registered or his usual place of residence.
The DSC also agrees to enter into a Billing Mandate with the Company to use the Services and to upload to the Site the required documents concerning them for the purpose of fulfilling their obligations in the fight against undeclared work, as well as the rules of transparency (KYC) for the purpose of the fight against tax fraud, money laundering and the financing of terrorism.
2.3 In the event that the User provides false, inaccurate, outdated or incomplete data, the Company shall be entitled to suspend or close the User's account and to refuse the User access to all or part of the Services in the future.
III - Description of the Services and operation of the Site
3.1 The Services include in particular :
a facilitated connection between ESNs and Clients/Project Leaders and experts;
the implementation of additional services for Clients/Project Owners, intermediate or large companies;
3.2 The additional services for Customers/Project Owners include a set of dedicated services, in particular
a customized consulting service for the purpose of searching for DSCs
a personalized interface of the platform for the Client/Project Sponsor, allowing a collaborative use of the platform between several Users
automatic profile recommendation tools;
access to project documentation (RFP/RFQ)
access to DSC offers for packages
access to benchmarks and recommendations from experts.
an archive system for technical assistance offers and projects for packages.
IV - Access to the Site and Services
Access to the Site and Services is exclusively reserved for registered Users.
Users domiciled outside of France are also required to comply with all obligations incumbent upon them under the legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the Site.
Users are personally responsible for setting up the computer and telecommunication resources required to access the Site. They are responsible for the telecommunication costs of accessing the Internet and using the Site.
The Site is accessible 24 hours a day, 7 days a week for all Users.
The Company reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more Services in order to update, modify or change operational methods, servers and accessibility hours, without this list being limitative.
The Company reserves the right to make any changes and improvements to the Site and Services that it deems necessary or useful for the proper functioning of the Site and its Services.
V- Price of the Services
Our service for clients/project leaders.
The services of the "Company" are entirely free for the client/project owner.
Billing of the service for the DSC
The DSC pays a fixed amount to the Company established at 100€ HT (10 Tokens) within the framework of the response to a request for fixed-price service emanating from the Clients/Project owners in view of the presentation of its offer to the Clients/Project owners, only if the offer of the said DSC was selected by the "Company" following the realization of a Benchmark carried out by the expert mandated by the "Company". If at the end of the presentation of the Benchmark to the Client/Project Sponsor, the DSC selected in the Benchmark is not chosen by the client for the realization of the service, no reimbursement will be made by the Company, whatever the reason for the refusal invoked by the Client/Project Sponsor.
An amount of 10€ HT (1 Token) is paid by the DSC within the framework of the publication of the profile of one of its employees on the platform of the "Company" in order to answer a request for service in technical assistance emanating from the Clients/Project owners, whether the profile of this employee is selected or not by the Clients/Project owners. The amount of 10€ HT is considered acquired by PitchandMatch.biz as soon as the profile is published. If the profile proposed by the DSC is not selected by the Client/Project Sponsor, no refund will be made by the company.
VI- Payment system
The payment of the Tokens is done through the Stripe payment system.
The payment of the tokens will be accessible only to the DSC having filled their fiscal information.
A token is valid for 1 calendar month. After this period, the Token is no longer available for use and can no longer be used.
VII- Evaluation and recommendation system
7.1 At the time of the presentation of the best DSC offers to the Clients/Project Leaders, the expert is invited to give a suggestive opinion for each DSC offer selected.
The client also defines an opinion on the DSC offers with a shortlist system for the preferred ones.
The "Company" ensures the connection of the DSCs and Clients/Project Leaders but does not ensure the follow-up of the relationship between the DSCs and Clients/Project Leaders and will not be able to intervene in case of dispute between the parties respectively the DSCs and Clients/Project Leaders and Experts to try to propose a solution to the parties.
IX - Commitments
9.1 The User undertakes to access and use the Site and the Services in accordance with the laws in force and the present General Conditions.
In this respect, the User acknowledges that for the sole purpose of verifying compliance by the User with these General Terms and Conditions and applicable laws, the Company may review any Content published or exchanged on the Site.
Likewise, the User acknowledges that the Company may intervene to moderate the Content published, if it does not comply with the laws and regulations in force as well as the obligations of the Users under the terms of these General Conditions.
9.2 The User undertakes to carry out all the declarations and formalities necessary for his activity, as well as to satisfy all his legal, social, administrative and fiscal obligations and all the specific obligations which are incumbent upon him, if necessary, in application of French law and/or the foreign legislation on which he depends, within the framework of his activity and use of the Services.
In the event of a request, the User undertakes to provide the Company, without delay, with any evidence proving that he meets the conditions set out in this article.
The User is solely responsible for the proper completion of the aforementioned formalities. The Company shall not be held liable in this respect.
9.3 The User undertakes to make fair use of the Site, in particular not to circumvent the Site and its Services.
Similarly, all Users shall refrain from extracting any content from the Site for a similar or competing activity, or for recruitment purposes.
9.4 The Client/Project Sponsor undertakes to provide a serious and sufficiently detailed offer of technical assistance or fixed price services to the DSCs with which it contacts via the Site in order to obtain a price proposal.
In this respect, the Client/Project Sponsor undertakes to provide the DSCs and the expert with all the necessary details so that the description of the Mission offer is as accurate as possible and does not mislead the DSC.
9.5 The DSC undertakes to maintain strict confidentiality with respect to exchanges (specified as private via the Site) that it may have had with Clients/Project Leaders and to information that may have been transmitted to it or of which it may have been made aware on the occasion of a contact via the Site (whether or not it resulted in a service). In particular, Users shall refrain from sharing with any third party, whether privately or on social networks, any exchange of information or excerpts of conversations from the Site's messaging system.
9.6 The DSC undertakes to offer its services on the Site only in its own name. Thus, it is forbidden to subcontract all or part of the Mission to a third party.
9.7 The expert undertakes to provide the DSCs with all necessary details so that the description of the package offer is as accurate as possible and does not mislead the DSC.
9.8 The expert undertakes not to offer services other than AMOA/AMOE support if the Client/Project Sponsor wishes to continue a collaboration with him.
X - Responsibility
Responsibility of Users, Project Owners, DSCs and experts.
10.1 The User is solely responsible for any direct or indirect prejudice that he/she may suffer as a result of inaccurate, incomplete, and/or misleading information that he/she provides at the time of registration or in the absence of updating of this information, the consequences of which he/she alone assumes.
The User acknowledges and accepts that any notification under the terms of these General Conditions may be made to him/her by means of the contact email address provided when creating his/her profile on the Site.
10.2 The User is solely responsible for all Content that he/she chooses to put online on the Site, as the Company does not control the Content before it is put online.
The User expressly agrees not to publish any Content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and good manners, infringing, prejudicial to public order or to the rights of third parties, likely to prejudice the rights, reputation and image of the Company and, more generally, the content of which is in breach of the law and/or regulations, in particular those of a penal nature.
10.3 The Client/Project Sponsor is solely responsible for the description of the service offer for which it requests a pricing proposal from DSC. In the event of an error in the description of the service offer, the Client/Project Sponsor alone will assume any necessary additional services and related additional costs by formalizing an additional service with DSC.
10.4 The User is solely responsible for the conclusion and execution of contracts relating to a service that he/she concludes with another User via the Site, the Company only intervening to put them in contact. The conclusion and execution of these contracts, which take place directly between an DSC and a Client/Project Sponsor, are carried out at the initiative and under the exclusive responsibility of the latter.
Responsibility of the Company
10.5 The Company makes every effort to ensure access and proper functioning of the Site and Services 24 hours a day, 7 days a week.
Nevertheless, given the limitations of the Internet, the Company cannot exclude that access and operation of the Site and Services may be interrupted, in particular in the event of force majeure, malfunctioning of the User's equipment, malfunctioning of the User's Internet network, or maintenance operations intended to improve the Site and Services.
Consequently, the Company shall not be held responsible for any interruption of the Services, whether voluntary or involuntary, it being specified that it undertakes to make its best efforts to limit any interruptions that may be attributable to it.
10.7 The Company provides DSCs and Clients/Project Leaders with tools and technical means enabling them to enter into a relationship for the purpose of concluding a service contract outside the Site. Its responsibility is limited to the provision of these means, as described herein, and to putting DSCs and Clients/Project Leaders in contact with each other.
The Company shall not be held responsible for the frequency of presentation of DSC profiles on its Site.
The Company and the User are independent parties, each acting in their own name and for their own account.
The Company does not enter into any contract in the name of and/or on behalf of an DSC or a Project Sponsor, the latter contracting directly with each other outside the Site.
Consequently, the Company can in no way be considered as an employee/employer or agent of a User.
As the Company is not a party in any capacity whatsoever to the contracts relating to a service concluded between the DSCs and the Clients/Project Leaders, the latter are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or execution of said contracts. Consequently, each User releases the Company from any responsibility as to the direct or indirect consequences resulting from the establishment of a relationship, the conclusion and/or the execution of such a contract between an DSC and a Client/Project Sponsor.
In this respect, the Company shall not be held responsible for any cancellation of payment or revocation of direct debit authorisation at the initiative of the Client/Project Sponsor alone, and for any consequences that may arise from this.
10.8 The Company shall do its utmost to ensure the content and validity of the information and documents transmitted by the DSCs on the Site as long as they are established in France. However, the Company shall not be held liable in any way whatsoever for breaches of the obligations incumbent upon them, in particular in the context of the fight against undeclared work and compliance with the rules of transparency, as well as for any damage that may result therefrom.
Thus, the Company cannot be held responsible for false, misleading or out-of-date information communicated to it by the DSC.
Similarly, the Company reserves the right not to transmit messages from Clients/Project Leaders to the NSPs, when they do not respect the conditions of use of the Site.
XI - Personal data
The data processing methods related to the use of the www.pitchandmatch.biz platform and any other interaction with the Site are explained in the data protection policy. This data protection policy also explains the rights of access, rectification, deletion, portability and limitation available to the persons concerned by the processing of personal data that the Company implements. The Company has appointed a data protection representative who is available to answer any question concerning the protection of personal data at pitchandmatch.biz by email to email@example.com.
XII - Cookies
For the good functioning of the Site and the Services, cookies are implanted in the computer of the User during his connection to the Site. Cookies are small text files that are stored in the browser or device by websites, applications, online media and advertisements.
XIII - Intellectual Property
13.1 The Site
The Site and each of its components, including but not limited to texts, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of the Company or its partners.
These elements are protected by the laws relating to intellectual property and others, including copyright.
Any reproduction or representation, in whole or in part, of the Site or of any of its components, without the Company's authorization, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code.
Any User who publishes Content on the Site retains full ownership of all that he/she publishes.
By creating a profile, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display this public Content on the Site (if and only if the User authorizes it via his or her profile), the social networks blogs operated by the latter and/or on any other media (including physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purposes of exploitation, improvement, promotion, marketing, advertising of the Services and the Site or for the purposes of setting up partnerships. This authorization is valid for the whole world and for the duration of the User's registration.
The User acknowledges that any use of his Content made by the Company prior to his deregistration, deletion or termination of his account may not be challenged.
XIV - Hypertext links
14.1 The DSC is authorized to create one or more hypertext links pointing, for example, to the home page of the Site or to its profile page.
Users shall refrain from creating any link from sites that do not comply with current legislation or that are likely to harm the interests, reputation and/or image of the Site and the Company.
In any case, the Company reserves the right to terminate this authorization at any time if it appears to it that the link established with the Site is likely to harm its interests, its reputation and/or its image.
Under no circumstances does the existence of a hypertext link from a third-party site to the Site imply cooperation and/or partnership between the Site and this third-party site. The Company has no control over third-party sites and therefore assumes no responsibility for the content, products and/or services available on or from these third-party sites containing a hyperlink to the Site.
14.2 The Site may contain links to sites of the Company's partners or to third party sites. The Company has no control over these sites and therefore assumes no responsibility for the availability of these sites, their content and the products and/or services available on or from these sites.
The Company shall not be liable in any way for direct or indirect damages that may arise from the User's access to the partner's and/or third party's site and from the User's use of the contents and products and/or services of this site.
XV - Duration, termination and sanctions
This contract is concluded for an indefinite period from the acceptance of the General Conditions by the User.
Any use of the Site and the Services contrary to the General Conditions and/or to the laws and regulations in force entitles the Company to suspend, without notice, the User's account or to refuse the User access to all or part of the Site in the future, without prejudice to any damages that the Company may be entitled to claim.
The Company may, moreover, five (5) days after having informed the User by means of the messaging system, automatically close the suspended User's account, without any compensation being due on any grounds whatsoever.
These sanctions may be taken in the following cases :
- communication of false information by the User (documents, location, experience...) ;
- bypassing the Site;
- subcontracting of the services which are entrusted to an DSC, to employees or to third parties;
Similarly, in the event that the User is the subject of repeated disputes or reports from Clients/Project Leaders reported to the Company's Customer Service, the Company will be entitled to delay the visibility of the content hosted within the search engine results, to suspend or close his account.
The closure of the User's account by the Company shall automatically result in the termination of these Terms and Conditions.
XVI - Customer Service
For any question or information concerning the Site and the Services, the User may contact the Company via the "contact" section on the Site or by sending an e-mail to the following address: firstname.lastname@example.org
XVII - Invalidity - Waiver
In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulations or by a court decision, this shall in no way affect the validity of and compliance with these General Conditions.
The failure of the Company to exercise its rights hereunder shall not constitute a waiver of its rights.
XVIII - Modification of the General Conditions
The Company reserves the right to modify all or part of these General Conditions.
The Company will inform the User of the modifications made to the present General Conditions as soon as they are put online on the Site.
If the User does not agree to the new General Conditions, the User has a period of 24 hours from the date of notification to inform the Company by e-mail.
In the event that the User has not notified his disagreement within the time period provided above, he will be deemed to have accepted the changes.
XIX - Applicable law and jurisdiction
The present General Conditions are subject to Romanian law. Any dispute relating to their formation, conclusion, interpretation and/or execution shall fall under the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Bucharest.
Date of last modifications: April 10, 2021.