The present Special Conditions of Use (hereinafter "SCU") apply to the Services offered by Freelance Stack. They complete the General Terms of Use of the Freelance Stack Services. If this was not already the case, the acceptance of the present TOS implies full acceptance of the General Terms of Use of the Freelance Stack Services.
For the purposes of the Special Conditions of Use, the terms below shall have the following definition:
The purpose of these TUI is to define the conditions under which Users may access and use the Service. Any User who accesses the Service offered by Freelance Stack undertakes to comply, without reservation, with the present CPU. These CPUs are notified to the Users prior to the use of the Service for their express and prior acceptance. If the User does not agree with all or part of the CPUs, he/she must not use the proposed Service. Freelance Stack is free to modify the CPU at any time, in particular to take into account any legal, regulatory, jurisprudential and/or technical evolution. The version that prevails is the one that is accessible online on the day of use of the Service concerned. All Users are therefore required to refer to this version the date of their use of the said service.
Freelance Stack or any other third party does not have access to data exchanged between the User and third parties, partners or service providers. They remain strictly confidential. Freelance Stack expressly invites the User to consult the specific provisions of its policy on the protection of personal data, applicable to the entire Service, which is an integral part of these TOU.
In order to access and benefit from the Service, the User must have at least the following equipment: (1) a sufficiently recent computer or smartphone and (2) an internet connection (at least 3G) with a sufficient speed. If this is not the case, the Service may not be offered in optimal conditions. Freelance Stack is only an intermediary between the User and the Partner, Service Provider or Third Party, allowing them to perform or execute a service.
The Service with its basic offer is provided to the User by Freelance Stack free of charge. The equipment (computer/smartphone, internet connection...) allowing access and use of the Services are the exclusive responsibility of the User, as well as the electronic communication costs (in particular telephone costs, internet access costs) related to them. It is the User's responsibility to find out the price of using the said equipment or services from the operators concerned before using the Service.
The User acknowledges that the Service allows him to benefit from paid services and he will be liable to the partner, service provider or third party.
Information provided by Freelance Stack about the rates or services of a third party, partner or service provider is provided for information purposes only and for convenience. Freelance Stack does not guarantee the accuracy of such information. The final price of a third party's services may vary. It is the responsibility of the provider, partner or third party to inform the end customer of this.
The User undertakes to complete all the necessary information requested of him/her that is essential for the proper use of the Service. In particular, the User must, depending on the case, fill in the banking information that will be necessary for payment of the service or the desired provision. The payment system is outsourced to an approved payment service provider.
The User undertakes not to record, copy or distribute any content or excerpt of content in connection with the Freelance Stack service, whatever the means, medium, process or purpose. The User is informed that any infringement of image rights, privacy or professional secrecy may be subject to sanctions, including criminal sanctions.
In case of malfunctioning of any kind whatsoever during the use of a service, the User must immediately inform Freelance-Stack.io by email at: help@freelance-stack.io.
Freelance Stack declines all responsibility in the event of a dispute, whatever the reason, between the User and a service provider, partner or third party, not directly attributable to Freelance Stack.
Incivilities, verbal or written, against a third party may be prosecuted and the User's Freelance Stack account may be deleted.
Freelance Stack cannot ensure the conformity of its product and its use beyond the French jurisdiction.
Users registered on the Site have access to the Services described below. The Services available to freelancers and entrepreneurs who have taken out a subscription (hereinafter referred to as the: "Subscription"), as well as their rights and obligations, are also described in the special conditions of use, which can be consulted on the Site.
Freelance Stack provides its users with a database of tools and services and other information which they can consult a set of data, results or analyses as well as the possibility to compare this information with each other. Users expressly acknowledge and agree:
A user can, free of charge, subscribe to the tests proposed by a third party, provider or partner of Freelance Stack in order to be able to visualize, exchange, share or possibly test this tool or solution.
These possibilities are defined on a case by case basis when registering for these assignments. Freelance Stack is only responsible for the good implementation of the relationship between users and third party professionals.
Users have the possibility to request to be put in contact with independent service providers, with whom Freelance Stack has concluded a partnership agreement. By doing so, users unilaterally accept that their personal information may be transmitted to these third parties in order to allow this connection.
Users may freely register for group buying arrangements with third party service providers for the purpose of acquiring a service or product. Registration is free if the user meets the conditions set by Freelance Stack at registration and our general user conditions. The functioning of each group purchase process (deadlines, modalities, costs) is detailed before the registration the user on the Site. Each group buy process is unique and has a time limit. The grouped purchases are reserved for subscribers who have subscribed to the Premium option of the site. An additional cost may exist depending on each group purchase and will be clearly indicated before registration.
Following the registration of a minimum and maximum number of users, Freelance Stack negotiates on behalf of the registered users in order to achieve the objectives agreed between the different parties at the time of registration (e.g.: a special discount to be obtained etc.). Even if each purchase assignment is grouped, each registered user will receive a final individual benefit in the form of a physical product or service from Freelance Stack or from the partner or third party provider if the negotiation is successful. Indeed, users unilaterally accept that Freelance Stack is only responsible for an obligation of means and not of results.
Users will then have access to the results and fruits of this commercial negotiation in a limited or unlimited way according to the specifications set at the time of registration such as, for example, a maximum number of users per discount or a strictly personal discount.
The users will have unlimited access to the connection and its result on their profile even if a maximum number can be freely determined by Freelance Stack such as, for example, a maximum number of users per group purchase assignment or a maximum number of uses of the discount granted or even a time limitation of this benefit negotiated by Freelance Stack.
Freelance Stack will not be held responsible by one or more users for the failure to make or conclude a group purchase with a third party, service provider or partner.
Once the negotiation is complete, Freelance Stack has 10 days to provide the result of the service to the registered users.
Freelancers can ask to be put in touch with independent service providers, with whom Freelance Stack has concluded a partnership agreement.
This Matchmaking Service is accessible only within the framework of a Premium Subscription, according to the terms and conditions described in the special terms and conditions.
This connection may be subject to a charge depending on the case. The terms and conditions will be automatically specified to the subscriber before the connection is made.
At the request of a user, Freelance Stack can provide personalised support and advice.
These services are provided by Freelance Stack outside the Site. The terms and conditions, particularly financial, of their realization are the subject of a separate agreement between Freelance Stack and the third parties concerned (individual, legal entity or other).
Freelance Stack reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to provide said Services.
Subject to the provisions applicable in the general and special terms and conditions, the Services are provided free of charge, even if certain services are reserved for the Site's Premium Subscribers.
The present General Conditions govern the legal and financial conditions binding Freelance Stack to the Customer.
The commercial relationship between the Customer and the Provider is born from the meeting between the Customer's commercial request and the Provider's offer, offer accepted by the Customer. On the Freelance Stack platform, this meeting takes the form of the acceptance by the Customer of a promo code, a quote sent by the Provider, in response to a need previously materialized by the Customer.
Acceptance of the Service Provider's offer by the Client results in the issue of Special Conditions.
These Special Conditions include the following elements:
It is reminded that the total or partial handling of contractualization formalities by Freelance Stack is only intended to simplify the management of the relationship between the Customer and the Service Provider. Freelance Stack is only bound by an obligation of means. Its interventions, carried out on behalf of its co-freelancers, shall not be considered as an interference in the relationship between them.
Access to certain features is allowed as a visitor. Nevertheless, in order to benefit from all of the platform's Services, the User must register by filling out the registration form, which is accessible online on the platform.
The User must provide at least the following information for this purpose:
By filling out this form, the Member confirms having read these General Terms and Conditions and agrees to abide by them without reservation.
The Freelance Stack Services are reserved for persons legally capable of entering into contracts. The said Services are not accessible to minors, except under the authority of their parents or legal guardian. Any minor accessing the said Services shall be presumed to be acting under the authority of his parents or legal guardian.
The registration is effective after validation of his email address. To this end, each Member will receive, as part of the registration process, at the email address provided by him/her when registering, an email for the purpose of activating his/her account. The Service will only be fully accessible once the Member has fully completed the activation process indicated in this email.
Once registered on the Site, each Member is invited to fill in his or her individual professional profile.
To this end, the Member undertakes to:
Inform Freelance-Stack.io immediately of any unauthorized use of his account, and of any breach of the confidentiality and security of his means of identification, by using the online conversation system available on the Site or by sending an e-mail to help@freelance-stack.io.
If the Member is not acting on its own behalf, the Member guarantees that it is acting on behalf of a natural person or legal entity that meets the above Conditions, that it legally represents or that it has expressly mandated and authorised it to communicate the information necessary for the use of the platform.
Each Member may modify his or her data at any time by changing the "profile" tab.
Freelance Stack makes every effort to ensure the accuracy of the profiles but cannot guarantee the accuracy of the information or documents and is in no way responsible to Members and third parties for any errors, omissions or inaccuracies that may be found in the information provided by a Member.
The Member is solely responsible for any use that may be made of his or her login and password, and is the sole guarantor of their confidentiality, as well as for any use of his or her account, including by his or her negligence.
In the event of the death of the Member, its contents may only be transmitted to the beneficiaries by court order.
The Services are subscribed to for an indefinite period, except in the case of the "Premium" formula, for which each contractual period is one year, tacitly renewed without notice before the last day of the renewal date. A non-renewed premium formula automatically becomes a classic free formula.
Users may unsubscribe from the Services at any time and by right, by requesting Freelance Stack by email at help@freelance-stack.io. Freelance Stack reserves the right to modify the process for unsubscribing Users at any time.
Unsubscription is effective immediately. It entails the automatic and definitive deletion of the information communicated to Freelance Stack when opening or updating the User's Account as well as all the Documents and other elements stored on the Site in the Personal Space.
By subscribing to the Premium package, users waive their 14-day right of withdrawal in the case of distance selling. As Freelance Stack 's service is to offer discount in electronic and/or digitized format, this withdrawal period cannot be invoked by users as part of their registration and paid subscription to Freelance Stack.
Subscribers must cancel the renewal of their subscription directly on their account. This choice is directly accessible by the user on his account. Freelance Stack will not be able to access the user's account, and no refund will be made, unless the user has deactivated his subscription of his own accord, prior to automatic renewal.
Furthermore, the law (in the case of a BtoB contract between professionals) does not stipulate any legal obligation to provide information concerning automatic renewal. Freelance Stack cannot be held responsible for any subscription renewal that has not been cancelled by the user.
In the event of a breach of any of the provisions of these Terms and Conditions or, more generally, a breach of the laws and regulations in force by a User, Freelance Stack reserves the right to take any appropriate action and in particular to:
In the event that the User fails to comply with an essential obligation arising from these General Terms and Conditions, Freelance Stack reserves the right to terminate the User's right of access to all or part of the Services, fifteen (15) days after the User has received a formal notice that has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply this clause, without prejudice to any damages that may be claimed from the User. It will automatically lead to the deletion of the User's Account, without prejudice to any other consequences that may arise in application of these General Conditions.
It is strictly forbidden to use the Services for the following purposes:
It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Freelance Stack website.
The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Freelance Stack's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any infringement of security and authentication measures, (vi) any act that may prejudice the financial, commercial or moral rights and interests of Freelance Stack or of the users of its Site, and more generally (vii) any breach of these General Conditions.
It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.
It is strictly forbidden to manually or automatically copy/copy/duplicate/crawl the content of www.freelance-stack.io. The term crawler, crawl robot or spider, refers in the world of computing to an indexing robot. Concretely, it is a software whose main mission is to explore the Web in order to analyze the content of visited documents and store them in an organized manner.
Users indemnify Freelance Stack against all claims, complaints, actions and/or demands whatsoever that Freelance Stack may suffer as a result of the breach by Users of any of their obligations or warranties under these Terms and Conditions.
They undertake to compensate Freelance Stack for any damage it may suffer and to pay all costs, charges and/or judgements it may have to bear as a result.
The amount of the services invoiced by Freelance Stack to the Customer in return for the use of the platform and the Services offered to him are of two kinds:
Each premium subscription is for a period of one year (365 days) from the date of subscription. The total amount of the Subscription Service will be paid in Euros (€) at the time of validation of the registration the customer.
The Services are subscribed to for an indefinite period, except in the case of the "Premium" package, for which a fee is charged for each contractual period. The one-year term for the premium package is tacitly renewed without termination either party before the last day of the renewal date. A non-renewed premium package is automatically transformed into a classic free package.
By subscribing to the Premium package, users waive their 14-day right of withdrawal in the case of distance selling. As Freelance Stack 's service is to offer discount in electronic and/or digitized format, this withdrawal period cannot be invoked by users as part of their registration and paid subscription to Freelance Stack.
Subscribers must cancel the renewal of their subscription directly on their account. This choice is directly accessible by the user on his account. Freelance Stack will not be able to access the user's account, and no refund will be made, unless the user has deactivated his subscription of his own accord, prior to automatic renewal.
Freelance Stack may invoice the Customer for special services in addition to the Subscription formula. This amount will be clearly indicated at the time of purchase or at plan of each product, service or service. Freelance Stack will then be considered as an intermediary between the final Customer and the provider of the product or service offered, unless it is performed by Freelance Stack itself.
In case of non-delivery by the Service Provider within the agreed timeframe, Freelance Stack shall not be held liable due to its sole role as intermediary. The Customer will not be reimbursed for the payment made as it only remunerates Freelance Stack with its role as intermediary.
In the event that the Service Provider is unable to meet its obligations as described in the General Terms and Conditions, it must notify Freelance Stack immediately at the following email address: help@freelance-stack.io and at the latest within 2 working days days of acceptance following an offer or negotiation.
Freelance Stack shall not be held liable for its sole role as intermediary. The Customer will not be reimbursed for the payment made as it only remunerates Freelance Stack with its role as intermediary.
