Terms & Conditions

0. Preamble

These Terms and Conditions constitute a legally binding agreement between the Provider (as defined below) and its Customers (as defined below), whether a Natural Person or a legal entity, regarding their access to and use (by Customers) of the Saas services available on https://hiring-master.com and any other form of multimedia, multimedia channel, Website or mobile application, linked or otherwise connected to it (collectively, the "Platform"). Once accepted by you, these Terms constitute a legally binding contract between you (the Customer) and the Supplier. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to represent that entity.

PLEASE READ THESE TERMS CAREFULLY. YOU ACKNOWLEDGE THAT BY REGISTERING, ACCESSING, NAVIGATING AND/OR USING IN ANY WAY the Hiringmaster Services, YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE AND/OR AGREE TO ANY OR ALL OF THESE TERMS, YOU ARE EXPRESSLY AND IMMEDIATELY PROHIBITED FROM ACCESSING, NAVIGATING AND USING THE Platform OR THE Hiringmaster Services.
The Provider may, in its sole discretion, choose to suspend or terminate access to and/or use of the Hiringmaster Platform and Services to any person who violates these Terms.
You are expressly prohibited from accessing the Hiringmaster Services for purposes of production, benchmarking, competitive analysis, or to analyze the performance, availability or functionality of Hiringmaster.
If you sign up for a Free Trial of Hiringmaster's services, you agree that these Terms govern that Trial.
Any additional terms and conditions or documents that may be published on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

1. Definitions

Natural Person” : A Natural Person is defined as a living individual, male or female, registered on Hiringmaster, with subjective rights and duties under the applicable law.

Legal Person” : Any entity with legal personality registered on Hiringmaster, which allows it to be the direct holder of rights and obligations in place of the natural or legal persons who compose it or who have created it.

“Supplier” : Zsoft-Consulting, a simplified joint stock company, publisher of the Platform and all Hiringmaster Services, registered in the Paris Trade and Companies Register under number 817732936, with its registered office at 3B Rue Taylor Paris 75010 - France.

“Terms and Conditions” : These are the terms imposed by the Provider on any Client who wishes to use the Hiringmaster Services. It is an agreement that the Client must accept in order to access Hiringmaster content and services. If they are not accepted by the Client, then access is denied.

“Customer” : A Customer, in the economic sense, means the person or entity that makes the decision to purchase Hiringmaster services, either occasionally or on a regular basis, from the Supplier.

“Force majeure” : means an exceptional event that cannot be avoided.

“Client Data” : is information stored and processed by Hiringmaster that is added to or received by the Client Account. For more information, see our data policy at https://hiring-master.com/privacy-policy

“Technical problem”: Any failure that interferes with the proper functioning of the Hiringmaster Services, which may be blocking, moderate or inconsequential problems.

“Service Provide” means any natural or legal person, including a public body, who provides services for Hiringmaster.

“User(s)” : Any person having the right to access the Hiringmaster Services.

“Login ID” : The email address and password that allow a User to identify themselves and access their User Account on Hiringmaster.

“Pricing” means a table or list that indicates the amount of fees to be paid, the prices set for the different Plans marketed by the provider. Each Plan has a Tariff which may differ from the Tariffs of other Plans.

“Plans” : A collection of Hiringmaster Services and features offered by the Supplier in a marketable form. Hiringmaster Services and features can be marketed as several Plans, each of which is tailored to a specific category of Customer (depending on their needs, size, complexity of their business, etc.)

“Free Trial” : The opportunity to test Hiringmaster with no obligation to purchase now or at any time in the future for a specified period of time and with restrictions on use specified by the Supplier.

“Hiringmaster Services” means the set of tools and features that make up the Hiringmaster Platform.

“Beta services” : the first versions of Hiringmaster, which can be improved as we go along.

“Technical assistance” : Technical assistance

“Website” : www.hiring-master.com

“Saas” means Hiringmaster, the software-as-a-service for recruitment and/or talent acquisition that is provided to the Client and its Users under these Terms and Conditions.

“Platform” : All Services, tools, software, websites and pages, mobile applications, marketed by the Provider as part of the Hiringmaster solution.

“Payment Period” : The basic period used by the Supplier to organize the frequency of payment of the subscription by the Customer. Two payment periods are possible, monthly or annual.

2. Authorisation to enter into these conditions with the supplier

Use of the Hiringmaster Services is subject to acceptance of these Terms. To accept these Terms for himself or herself or on behalf of a Client, a person must have the legal capacity to do so. In the case of a Natural Person, this one must be at least 18 years old or have a valid authorization of its legal representative or its depositary. In the case of a legal entity, it must be duly incorporated and in good standing.

3. Execution of the acceptance of these terms and conditions

These Terms are accepted in full when (a) confirmation of account creation is sent to the person who initiated the request for access to the Hiringmaster SaaS, or (b) the person accesses those parts of the Website and other Hiringmaster Services that do not require account creation.

4. Modification of the terms and conditions

The Provider reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms at any time. The Provider will notify you of any changes by updating the "Last Updated" date on these Terms and Conditions, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms and Conditions to stay informed of any updates. You will be subject to, and will be deemed to have notice of and to have accepted, changes to the revised Terms and Conditions by your continued use of the Hiringmaster Services after the date of posting of such revised Terms and Conditions. The resolution of any dispute arising between you and the Supplier shall be governed by the Terms in force at the time such dispute arose.

5. Supplier's responsibilities

5.1. Availability of Hiringmaster Services
The Supplier will make available to the Customer the Hiringmaster Services and Customer Data in accordance with these Conditions. The Supplier will also provide the Customer with standard support for the Hiringmaster Services at no additional charge. If required, at Customer's request, Supplier may provide installation and/or upgrade support for the Hiringmaster Services at an additional charge. The Supplier shall use commercially reasonable endeavours to make the Hiringmaster Services available 24 hours a day, 7 days a week, except for (a) planned downtime (of which the Supplier shall give electronic notice), and (b) any unavailability caused by circumstances beyond the Supplier's reasonable control, including, for example, force majeure, government act, flood, fire, earthquake, civil commotion, act of terrorism, strike or other labour dispute, failure or delay of the Internet Service Provider, or a denial of service attack.

5.2. Protection of the Customer's data
The Supplier shall implement and maintain physical, organizational, administrative and technical measures to protect the security, confidentiality and integrity of Customer Data. These safeguards include, but are not limited to, measures to prevent access, use, modification, deletion, or disclosure of Customer Data by the Supplier's personnel, except where a) operations on Customer Data are necessary to provide and/or maintain the Hiringmaster Services and to prevent and/or resolve problems relating to the functioning and/or consistency of the services or technical problems, b) following the request of the Customer or a User expressly authorizing access to, and manipulation of, his or her data in writing, c) the Provider is compelled by law to disclose certain Customer information.

The Supplier may use service providers to perform the Services. The Supplier will use commercially reasonable efforts to ensure that data transfers to service providers meet the requirements applicable to the processing of data by Customers and will provide information about such data transfers in these Terms for the Customer's attention.

By accepting these Terms, the Customer authorizes the Supplier (a general written authorisation within the meaning of Article 28 (2) of Regulation (EU) 2016/679) to engage the following service providers for the purpose of performing the Services. As of this date, the list of service providers processing the Customer Data is:

“AWS” : All our processing, database and storage servers are hosted on the AWS cloud (Paris).

“Google Analytics” : This service is used to identify what is working well for our customers and what needs to be improved. The use of this service involves data transfers subject to the contractual clauses of the European Commission.

“Axeptio” : A tool that allows us to collect consents for the processing of personal data (cookies, newsletter, phoning, etc.).

“Stripe” : All payment data is stored by our payment processor Stripe. You should review Stripe's privacy policy (https://stripe.com/privacy) and contact them directly with any questions you may have regarding the storage of payment data.

6. Terms of use of Hiringmaster Services

6.1. Account creation
To use some or all of the Hiringmaster Services, it is necessary to have a Hiringmaster account. A Hiringmaster Account is necessarily attached to the person representing the Client. This person can be the owner of the entity or any other person declaring to have the legal power to represent this entity.

A Client must have only one Hiringmaster account. If more than one person is required to collaborate on the account, the Client must expressly and individually designate them as Users, also indicating their Roles and Authorizations. Any User with access to the Client's account is also subject to these Terms. If the Customer designates Users and grants them Authorisation, these Users shall be authorized to act on behalf of the Customer when using the Account. The Supplier is not responsible for verifying the validity of a User's Authorisation and has no liability in this regard. However, the Provider may, at its sole discretion, request additional information or proof of the person's authorization. For example, if the Provider is unsure whether a User has been granted Authorisation, it may, in its sole discretion, prevent that User from accessing the Hiringmaster Services.

A single User may be associated with more than one Client account at a time. By removing that User from the list of Users of a Client account, that User will be removed only from the account associated with that Client and not completely from the Hiringmaster system, until such time as he is removed from all other Client accounts. However, the Provider may at its own discretion, suspend, block, or remove a User's or Customer's access to all Customer accounts to which it has access, for any reason the Provider deems appropriate.

The Customer and any User associated with an Account must provide the Provider with true, accurate, current and complete information about the Customer, Users or the Account and keep it up to date. In addition, Customer and its Users are required not to use any automated or non-human means, whether through a bot, script or otherwise, to open an Account or access the Hiringmaster Services. In the event of any violation of these rules, the Provider will take such action as it deems necessary, in its sole discretion, ranging from temporary or permanent suspension of access to the Hiringmaster Services and denial of any current or future use of the platform to legal action.

6.2. Account management
To access his account, the Customer uses his business email address and a password, unless the Customer uses the unique identification function or another service to log in. If the Customer has designated more than one User, each User will use separate login credentials (their individual email address and an individual password). These login details must not be used by more than one person. The Customer and each User are responsible for the confidentiality of all login details associated with an Account. If the Customer or any of its Users becomes a victim of loss, theft, disclosure, or unauthorized use of its login credentials, it must inform the Provider as soon as possible and proceed to protect its account. The Provider is not responsible for the consistency of Users' roles, permissions and restrictions with reality if they are incorrectly declared by the Customer. The Customer must ensure that it assigns the correct roles, permissions and restrictions to its Users according to the behaviour it wishes. The Client must also inform Hiringmaster of any departure, change of role, or any other change of situation in order to keep his account consistent with the reality of his organisation.

At any time, the Customer may terminate these Terms by stating that they wish to delete their account directly from their Hiringmaster account. The Provider will definitively delete the Account within six months after the effective date of the termination.

6.3. Plans and tariffs
Hiringmaster is a SaaS (Software as a service) that offers its services in the form of several Plans to suit the needs of the Clients, which may be different from one Client to another. To open a Hiringmaster account, the Client must choose one of the Plans offered. Each Plan represents a set of services offered in Hiringmaster and is subject to a Fee that is different from the Fees of other Plans. The applicable Fees are billed in advance on monthly or annual payment intervals and are non-refundable, unless explicitly agreed between the parties. The Customer has the right to upgrade or downgrade a current Plan at any time by choosing a new Plan from the collection of Plans determined by the Supplier. If the Customer decides to change the Plan in the middle of a time period already paid for at the last due date, two cases are possible:

The Customer wishes to upgrade his plan, i.e. from a cheaper Plan to a more expensive Plan. In this case, an amount to be paid will be calculated on a pro rata basis taking into account i) the period of time between the date of the change of Plan and the date of the next invoice, and ii) the amount of the old Plan already paid at the time of the previous invoice. The Customer will therefore pay on a pro rata basis (of the period between the date of the change of Plan and the date of the next billing) the difference between the amount already paid in the previous billing (previous Plan and Fees) and the amount he/she is supposed to pay under the new Plan. This amount will be paid immediately when the plan is changed. When the day of the next billing arrives, the Customer will automatically pay the Fees corresponding to the new Plan over the next time interval.
The Customer wishes to downgrade from a more expensive Plan to a cheaper Plan. In this case, the next billing amount will be updated to match the Tariff of the new Plan chosen by the Customer. The Customer will keep the most expensive Plan he/she had paid at the beginning of the present payment interval until the day scheduled for the next billing. The Customer hereby accepts that under no circumstances will he/she be entitled to a refund of Fees already paid in any situation, unless explicitly agreed between the parties. Downgrading the current Plan to a cheaper Plan with fewer features and services may result in the loss of features, functionality or capacity of the Account, as well as the loss of Customer Data.

The Supplier reserves the right to modify the Plans and the Tariffs of these Plans at any time. This modification may concern all or part of the Plans and Tariffs offered, it may concern the number of Plans, the Tariffs of the Plans, the functionalities, limitations and advantages of each Plan, or any other parameter concerning the Plans and their tariffs. The Supplier shall inform the Customer in advance of its intention to modify the Plan by providing information on the modifications and the new Plans and Tariffs of the features, as well as the date or the Payment Period from which such modification will come into effect. The Supplier may, at its sole discretion, grant a delay in the implementation of the new Plans and Tariffs. Further, at Provider's sole discretion, this time period may differ depending on whether the customer has a paid account, a free trial account or no Hiringmaster account.

6.4. Free trial
Any new Customer may be entitled to a Free Trial. The Customer may choose one of the Plans offered for free trial. In order to benefit from the Free Trial, the Customer is under no obligation to provide credit card information. The Free Trial period may not exceed 30 days, unless otherwise agreed between the parties. At the end of the Free Trial period, the Provider will inform the Customer of the end of the Free Trial period and ask the Customer to enter his payment information to continue using the services of the Tried and Tested Plan. The Customer's Account will remain accessible, but all functionality will be suspended until the Supplier has the Customer's payment information and successfully makes payment for the first time interval (monthly or yearly) chosen by the Customer. If the Customer does not provide payment information or pay the first fee within 2 weeks of the end date of the Free Trial period, the Supplier has the right to permanently delete the Account, including all Customer data contained therein.

In addition to the current collection of Plans, the Supplier may offer special discounts and incentive programmes (e.g. finder's fees, etc.).

6.5. Payment
In order to properly use the Hiringmaster Services, the Customer must provide all information necessary to facilitate the payment transactions initiated by the Supplier at the beginning of each Payment Period. The Customer must also ensure the smooth running of the payments by ensuring that the Supplier can withdraw the Invoiced amount using the payment information that the Customer provides.

At present, the Supplier only accepts credit card payments. When adding a credit card by the Customer, the Supplier may request the Customer's authorisation to access the credit card account in order to verify that the card is valid and has the necessary funds to cover the amount of the Invoice. At the beginning of each Payment Period, the Supplier shall make a Direct Debit in the amount equivalent to the sum invoiced to the Customer during that period. It is necessary for the Customer to fund his credit card with the necessary funds to ensure that the Direct Debits can be made and to authorise such Direct Debits. When the Direct Debit fails for reasons related to the card information provided by the Customer, the Supplier notifies the Customer on the Hiringmaster Platform and/or via the various communication channels (e.g. e-mail). The Client agrees to provide the Supplier with updated information about his payment card account upon request of the Supplier whenever the information previously provided is no longer valid.

The Client will receive before the end of each Payment Period an electronic Invoice for payment on the next Payment Period. This Invoice will contain a payment due date which the Client must meet in order to pay and ensure access to Hiringmaster in the next Payment Period. If payment is not made before the due date of the Invoice for the next Payment Period, the Customer will be informed by the Supplier via several reminders. If after two weeks after the due date the Invoice is still not paid by the Customer, all Hiringmaster features and Services will be blocked until the Customer ensures the correct payment of the Invoice.

6.6. Services
The Supplier makes available to the Customer and any of its Authorised Users, subject to acceptance of these Terms and payment of the applicable Fees, a non-exclusive, non-transferable, non-exchangeable and non-tradable licence to use the Hiringmaster Services to enable it to:

Collecting, uploading, storing, generating, organising, transmitting, and displaying, modifying and deleting Client data such as adding and manipulating candidate data (name, surname, CV, email, phone number, etc), creating jobs and pipelines to manage the candidate recruitment process, organising activities on candidates and open jobs and assigning them to users, taking notes on candidates and positions, searching, evaluating, classifying and filtering candidates, positions and activities, generating and viewing reports, KPIs, dashboards that summarise activity and data, as well as adding Users and managing their Roles and permissions.
Customise the way Client data is managed and displayed: activities, candidate fields, job fields, data grouping, custom filtering, search, notifications, change of display mode.
Receive alerts on the Hiringmaster Platform and by email about the Client Data.
Receive reasonable assistance and guidance on the use of the Hiringmaster Services.

Each Hiringmaster Service is designed by the Supplier to meet a specific need of the Customer. The Customer is bound by these Conditions to use the Hiringmaster Services as designed and intended by the Supplier. The Supplier reserves the right to suspend in whole or in part the relevant Customer's Account, or to suspend access to one or more services or features, if the Supplier considers that the use of such services or features does not comply with these Terms and is substantially excessive in relation to other Users, until the Customer warrants to the Supplier that he will refrain from further abuse of the Services.

The Provider reserves the right to make changes to the Hiringmaster Services or any part of the proposed solution and the Website from time to time. The Supplier is under no obligation to seek the Customer's advice or permission, to give the Customer prior notice or to observe any notice period before making any changes to the services and features offered. However, for changes which the Supplier considers to be major, the Supplier may notify the Customer 30 days before such changes take effect. If the Customer does not agree to the changes to the services, the Customer must inform the Supplier and cease using the services before the changes take effect. The Client's continued use of the Hiringmaster Services, or any part or element thereof, after the effective date of a change indicates its consent to the change. By way of example, changes may include, but are not limited to :

Change of design, brand, logo, name, address, or any other information related to the Hiringmaster brand
The addition and interruption (temporary or permanent) of one or more Services or features
The change in the configuration of the Plans and Tariffs

Additional Services and features may be added by the Provider to the Hiringmaster Platform from time to time. These Services and features may have additional and/or special terms of use which will be communicated to Customer at the time such Services and features are announced by the Provider. In order to use them, Customer will be required to accept such additional and/or special terms.

Certain Services or features may be offered by the Provider for evaluation and testing purposes (Beta services). The Provider reserves the right to suspend or discontinue such "Beta" services and features temporarily or permanently, with or without notice to the Customer. The Customer agrees that the Provider shall not be liable for any damage, loss of data, inconsistency or other malfunction caused by the use, modification, suspension or discontinuance of the Beta Services and features for any reason whatsoever.

6.7. Technical support
For any request for technical assistance or answers to queries, the Customer may contact the Supplier using the instant messaging system accessible from the Customer's account and from the Website or via the e-mail address: support@hiring-master.com.

7. Customer data

By using the Hiringmaster Services, data is generated and/or uploaded to the Client's account. Such Client data and any processing of such Client data must be in full compliance with these Terms and with applicable law. The integrity, accuracy and correctness of the Customer data belong to the Customer and only to the Customer. This means that the Customer, and not the Supplier, is fully and solely responsible for all Customer Data, whether generated, uploaded, posted, transmitted or otherwise made available directly by the Customer, by its Users, by other persons in the organisation, or by any other source or person who has the ability to publish and/or generate data on the Customer's account.

Customer shall ensure that any data generated, created, uploaded, added, transmitted, or displayed on Customer's account does not violate the terms of these Terms, the rights of Supplier, the rights of other Customers or Users of the Hiringmaster Platform, the rights of other persons or organisations, and is not harmful, malicious, abusive, harassing, defamatory, discriminatory, racist, abusive, hateful, threatening, offensive, vulgar, invasive of another's privacy, or otherwise illegal. The Customer is also obliged not to upload or allow the existence of pornographic material on his account.

The Supplier has no obligation to detect, prevent, monitor or filter Customer Data or processing of Customer Data. However, if the Supplier discovers Customer Data or processing of Customer Data that is unlawful, illegal, or otherwise not in compliance with these Terms and applicable law, the Supplier has the right to: notify Customer of the unacceptable nature of such data, prevent the publication of such data, permanently or temporarily remove such data from the Hiringmaster Platform, restrict access to such data, require Customer to bring such data into compliance with these Terms and applicable law or temporarily block the account of the User who generated or uploaded such data to the Platform. The Customer may provide evidence if it is satisfied that the Customer's data is wrongly deemed to be unlawful or not in compliance with these Terms and applicable law. Upon evaluation of such evidence, the Provider may in its sole discretion restore such Customer Data that has been deleted from the Website or Account or to which access has been restricted. In addition, if the Provider believes, in its sole and absolute discretion, that Customer Data violates any applicable law, rule or regulation or these Terms, the Provider may (but shall have no obligation to) delete such Customer Data at any time with or without notice. As part of its compliance with the Digital Millennium Copyright Act, the Provider shall remove any Customer Data from the Platform upon receipt of a proper notice of removal.

The Customer and all Users associated with the Account have the necessary rights to use the Customer Data, including inserting it into the Platform and processing it through the Account. By uploading and/or generating Customer Data on the Platform, the Customer authorises the Supplier to process such Customer Data.

In the event of termination, the Supplier shall immediately stop any kind of processing of Customer Data. However, the Customer's Data shall remain stored for a period of 6 months from the day of termination, in case the Customer wishes to resume the use of the services or export the Customer's data. After that, the Provider shall proceed to the final deletion of its data and all existing copies; unless the Union or Member State law requires the storage of personal data.

7.bis. Disclosure of Customer data
The Supplier may be compelled by law to provide confidential information of a Customer. In such a situation, the Supplier will use reasonable legal, administrative and commercial efforts to notify the Customer in advance of the compelled disclosure (to the extent permitted by law). If the Customer wishes to challenge the disclosure of such information, the Customer shall provide reasonable assistance, at its own expense.

8. Restrictions

The Hiringmaster Services are made available to the Client and its Users for use as designed and intended by the Supplier. If the Customer decides to use a service or feature in a manner other than that intended and described by the Provider, the Customer is solely responsible and liable for any consequences that may arise if such use does not comply with these Terms and applicable law. If the Provider is aware of such unintended use of its services, the Provider may, at its sole discretion, temporarily or permanently deny the Customer or its Users access to part or all of the Customer's Account. The Provider may in its sole discretion recommend, request or require the Customer to delete Customer Data if it determines that such data does not comply with these Terms and applicable law.

By way of example and not as a limitation, the Customer is strictly prohibited from using the Hiringmaster Services or any portion or element thereof to: violate any law, commit a crime, post content that is deemed to be malicious, abusive, harassing, defamatory, discriminatory, racist, hateful, threatening, offensive, vulgar, invasive of another's privacy, or in any other way unlawful.

As a user of the Hiringmaster Platform, the Client is aware that it is absolutely forbidden, unless explicitly authorised by the provider, to :

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission. Collecting user names and/or email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. including using the service to advertise or offer to sell goods and services.
Copy, duplicate, distribute, modify, decompile, adapt, create derivative works, or reverse engineer, benchmark, analyze competitive performance, availability, or attempt to extract the source code of the services or any portion of the Hiringmaster Services, use the Site in a manner inconsistent with applicable laws or regulations. Deceive, defraud or mislead us and End Users, particularly in any attempt to learn sensitive account information such as user passwords, attempt to impersonate another user or person or use another user's username. sell or transfer your profile without explicit consent from Hiringmaster. or use any information obtained from the Site to harass, abuse or harm another person.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other items, including excessive use of capital letters and spam (continuous posting of repetitive text), that interfere with any party's uninterrupted use and enjoyment of the Site, or modify, disrupt, impair or interfere with the use, features, functions, operation or maintenance of the Site, or by using or running any unauthorized script or other software.

The Customer is obliged by these Conditions to request the Supplier's consent if he wishes to carry out certain operations on his Customer account. By way of example and not as an exhaustive list, certain operations on the Customer's account require the consent of the Supplier.

9. Privacy Policy

The Provider Privacy Statement applies to the use of the Hiringmaster Services, and its terms are incorporated into these Terms of Use by reference. To view Hiringmaster's Privacy Policy, click here. Please read the Privacy Policy carefully as it governs Provider's collection, use and disclosure of Customer or User personal information. In addition, by using the Hiringmaster Site and Services, you acknowledge and agree that transmissions over the Internet are never completely confidential or secure. You understand that any message or information you transmit to the Platform may be read or intercepted by others, even if a special notice specifies that a particular transmission (e.g. credit card details) is encrypted.

10. Warning and Not Guaranteed

The Hiringmaster Services are provided on an "as is" and "as available" basis. The Client agrees that its use of the Hiringmaster Services and Website is at its own risk. To the fullest extent permitted by law, the Provider disclaims all warranties, express or implied, in connection with the Hiringmaster Website and Services and the use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Provider makes no warranties or representations about the accuracy or completeness of the content of the Website or the content of any Hiringmaster Services and assumes no liability for any (1) errors or inaccuracies in content, (2) injury or damage to property of any kind resulting from access to and use of the Website and Hiringmaster Services, (3) any unauthorized access to or use of secure servers and/or any personal and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Hiringmaster Platform, (5) any bugs, viruses, trojan horses or the like which may be transmitted to or via the Hiringmaster Platform by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Hiringmaster Platform. The Provider does not warrant, endorse or assume responsibility for any product or service advertised or offered by any third party via the Hiringmaster Platform, any hyperlinked website or any website or mobile application featured in any banner or other advertisement, be a party to or be responsible in any way for the monitoring of any transaction between the Customer and any third party supplier of products or services.

The Provider makes no representation that the Hiringmaster Services may be lawfully used or that Hiringmaster content may be downloaded to and from the services outside the EU (European Union). Use of the Hiringmaster Services may not be legal in regions other than the EU, in which case the Customer must assume all responsibility for compliance with the laws and regulations of its jurisdiction(s).

As with purchasing a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

11. Intellectual property rights

Unless otherwise noted, all Hiringmaster Services and Websites are the sole property of the Provider and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Hiringmaster Platform (collectively, the "Content") and the trademarks and logos contained therein (the "Marks") are owned or controlled by the Provider or licensed to the Provider and are protected by law.

The Content and Marks are provided on the Hiringmaster Platform "AS IS" for Client's information and personal use only (including its Users). Except as expressly provided in these Terms and Conditions, no part of Hiringmaster and no Content or Marks may be copied, reproduced, aggregated, published, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without the express prior written consent of the Provider.

Provided that Customer (and its Users) is eligible to use the Hiringmaster Website and Services, Customer is granted a limited license to access and use the site and to download or print a copy of any portion of the content properly accessed by Customer solely for Customer's personal, non-commercial use. The Provider reserves all rights not expressly granted to the Customer in and to the Hiringmaster Platform, the Content and the Marks. However, the Customer will own all intellectual property rights in the Customer Content and no intellectual property rights are transferred under this Agreement.

All licences granted to the Customer under this Agreement are worldwide, non-exclusive and limited in accordance with the limitations of the Services.

No licence for intellectual property rights is granted by the Supplier if it is not necessary for the legitimate use of the Services by the Customer.

All licenses provided by the Supplier under this Agreement shall terminate upon termination of this Agreement or the respective Services.

The Customer grants the Supplier a licence to use the data published by the Customer for the purpose of providing and improving the Services. The Supplier shall only use the Customer Data for the purpose of improving the Services after creating a copy of the Customer Data with the application of a process of anonymisation, aggregation and/or reduction to such an extent that the Customer Data can no longer reasonably be considered confidential information or personal data.

12. Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes a copyright that you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please note that under the law, you may be liable for damages if you make material misrepresentations in a notification. Thus, if you are unsure whether material located on or linked through our services infringes your copyright, you should first consider contacting a lawyer.

13. Third Party Websites, Products, Services and Content

The Hiringmaster Services may contain or transmit links to other websites ("Third Party Websites"), Products, or Services as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or materials owned or originating from third parties ("Third Party Content").

Such Third Party Websites, Services, Products and Content are not investigated, monitored or checked for accuracy, appropriateness or completeness, and Provider is not responsible for any Third Party Websites, Services, Products and Content accessible through the Hiringmaster or for any Third Party Content posted on, available via or installed from Hiringmaster, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content.

The inclusion of, link to, or permission to use or install any Third Party Websites or Third Party Content does not imply endorsement by the Provider. If the Customer decides to leave the Hiringmaster Services and access any Third Party Websites or use or install any Third Party Content, the Customer does so at its own risk and should be aware that these terms and conditions no longer apply.

Customer should consult the applicable terms and policies, including privacy and data collection practices, of any website to which Customer navigates from the Hiringmaster Services or regarding applications Customer uses or installs from Hiringmaster. Any purchases that Customer makes via third party Websites, Services, and Products will be made via other websites and from other companies, and Provider disclaims any liability with respect to such purchases which are solely between Customer and the relevant third party.

The Customer agrees and acknowledges that the Provider does not endorse the Products or Services offered on the Third Party Websites and that the Provider shall be held harmless for any loss caused by the Customer's purchase of such products or services. In addition, the Customer indemnifies the Supplier against any loss suffered by the Customer or damage caused to the Customer in connection with or resulting in any way from any third party content or contact with third party websites.

14. Compensation and Indemnity

You agree to defend, indemnify and hold harmless the Provider and its affiliates, and their respective directors, officers, employees and agents, from and against any and all claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Hiringmaster Services, the Hiringmaster Materials, statements made to the Provider, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties and covenants.

15. Limitation of liability

The Customer expressly understands and agrees that the Provider shall not be liable for any damages or losses resulting from the use of or inability to use the Services, the cost of procurement of substitute goods and services resulting from any goods, data, information, or services, purchased or obtained from messages received or transactions conducted through the Intermediary.

The Supplier shall not be liable to the Customer or its Users for any consequences related to :

the modification of these Conditions;
the modification of the Plans and/or their Fees;
the suspension, discontinuance or unavailability of access to Hiringmaster due to errors, whether permanent or temporary, regardless of the type and origin of the error;
the quality, inconsistency, loss, deletion, alteration, or failure to store Customer Data;
the use of the Hiringmaster Services and Customer Data by the Customer and its Users, whether or not in accordance with the Supplier's recommendations for the proper functioning of the services, including browser types, Platforms (web or mobile), types and amounts of data, User access, location of the Customer and its Users, and any other recommendations or constraints expressed by the Supplier;
the enforcement by the Supplier of the remedies described in these Conditions, even if the reasonable grounds or legal basis for the enforcement of such remedies have subsequently proved to be unfounded or invalid.
the inability of the Customer to respond to the Supplier's requests regarding the Customer Data, the compliance of such data with applicable law and these Terms, the access rights of Users.

In no event shall the Supplier's aggregate liability arising out of or in connection with these Terms exceed the total amount paid by the Customer hereunder for the Hiringmaster Services giving rise to the liability in the SIX MONTHS prior to the first occurrence giving rise to the liability, whether the action is in contract or tort and regardless of the nature of the liability, but shall not limit the Customer's payment obligations under the "Payment" section above.

In no event shall either party or its affiliates be liable for any loss of profits, revenue, goodwill, or any indirect, special, incidental, consequential, cover-up, business interruption or punitive damages, whether the action is in contract or tort and regardless of the nature of the liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party's or its affiliates' remedy does not serve its essential purpose.

THE FOREGOING DISCLAIMER SHALL APPLY WHERE LOCAL LAWS ARE APPLICABLE.

16. Limitation of liability

Either party may terminate these Terms at any time:

by the Provider when it decides to terminate the Hiringmaster Services and close the Platform;
by either party in the event of a breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of notice from the non-breaching party (except in the case of breaches of sections 8, 11, and 14 of these Terms, where termination of these Terms will be immediate);
immediately by either party, if liquidation or insolvency proceedings of the other party are commenced or if a negotiated settlement with the other party's creditors is reached or if an assignment is made on behalf of the other party for the benefit of creditors.
Upon termination of these terms and conditions, the Supplier will permanently delete the Customer's Account within six months of the effective date of termination of these terms and conditions. During this six month period, the Customer may make a request to retrieve certain data left in his account. However, the Supplier is not responsible for responding to any requests to retrieve data or the Customer's account following the effective date of termination of these terms and conditions. Once the termination of these terms and conditions is effective, Customer shall immediately cease use of the Hiringmaster Platform including all services, pay all amounts due to Supplier under these Terms, discharge any liabilities incurred by Customer prior to the termination of these Terms.

IF WE TERMINATE OR SUSPEND YOUR ACCOUNT FOR ANY REASON, YOU ARE PROHIBITED FROM REGISTERING AND CREATING A NEW ACCOUNT UNDER YOUR NAME, A FALSE OR ASSUMED NAME, OR THE NAME OF A THIRD PARTY, EVEN IF YOU ARE ACTING ON BEHALF OF THE THIRD PARTY. IN ADDITION TO TERMINATING OR SUSPENDING YOUR ACCOUNT, WE RESERVE THE RIGHT TO TAKE APPROPRIATE LEGAL ACTION, INCLUDING, BUT NOT LIMITED TO, CIVIL, CRIMINAL AND INJUNCTIVE ACTION.

Sections 1, 7-bis, 8, 9, 10, 11, 12, 14, 15 shall remain valid even if these terms and conditions are terminated.

17. Applicable law and jurisdiction

These Terms and Conditions shall be governed by French law. In the event of any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including, but not limited to, the formation, validity, breach or termination thereof, the parties shall attempt to resolve the matter amicably through mutual negotiations. In the event that a mutually acceptable resolution cannot be reached within a reasonable time, either party shall have the right to seek all available remedies, including legal remedies. If an amicable settlement between the parties is not possible, the dispute shall be finally and exclusively resolved by the courts of Paris.

18. General stipulations

18.1. Independence of the parties
The parties shall act solely as independent contractors. These Conditions shall not be construed as creating any agency, partnership, joint venture, fiduciary duty or other form of legal association between the Customer and the Supplier, and the Customer shall not represent to the contrary, whether expressly, by implication, in appearance or otherwise. These Conditions are not intended to benefit any third party.

18.2. Non-dissociability
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal, in whole or in part, for any reason, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of any other terms, conditions or provisions, or any part thereof, shall not be affected.

18.3 Completeness
These Terms constitute the entire agreement between Customer and Supplier with respect to Customer's use of the Hiringmaster Services and supersede all prior and contemporaneous agreements, proposals or representations, whether written or oral, regarding its subject matter. Except as otherwise provided herein, no modification, amendment or waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be relied upon.

18.4. Non-Disposal
The Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Conditions or delegate any of its rights and/or obligations under these Conditions without the prior written consent of the Supplier. Any attempted assignment, transfer or delegation without such prior written consent shall be void and unenforceable. Notwithstanding the foregoing, Customer, or its permitted successor assignees, may assign or transfer these Terms or delegate any of its rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with, Customer, or its permitted successor assignees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of Customer, or its permitted successor assignees.

18.5. No Waiver
The failure of either party to exercise or enforce any provision or right under these Terms shall not be deemed a waiver of the future enforcement of that provision or any other right.

CONTACT US

To resolve a complaint about the Hiringmaster Platform or to receive further information about using Hiringmaster, please contact us at :

Zsoft-Consulting SAS
3B Rue Taylor
Paris 75010+33 (0)1 85 64 10 00
support@hiring-master.com for more information or help
dpo@hiring-master.com for all legal matters

0. Preamble
1. Definitions
2. Authorisation to enter into these conditions with the supplier
3. Execution of the acceptance of these terms and conditions
4. Modification of the terms and conditions
5. Supplier's responsibilities
6. Terms of use of Hiringmaster Services
7. Customer data
8. Restrictions
9. Privacy Policy
10. Warning and Not Guaranteed
11. Intellectual property rights
12. Copyright infringements
13. Third Party Websites, Products, Services and Content
14. Compensation and Indemnity
15. Limitation of liability
16. Limitation of liability
17. Applicable law and jurisdiction
18. General stipulations
CONTACT US