Last updated on 2020-01-31
PREAMBLE
These general terms of sale and use (hereinafter the “GTSU”) apply to the use of the platform owned by the company METASTRAT, a simplified joint-stock company (société par actions simplifiée) with a share capital of 1,000 euros, whose registered office is at 11 rue de la pie grièche, Gigean (34770), France (hereinafter “the Company”), accessible at www.metastrat.com, as well as to all the services offered there by the Company.
The Company operates a website accessible at www.metastrat.com, offering an online marketplace dedicated to connecting Freelancers and Clients.
This marketplace aims to give the Client a tool to build a team of freelancers able to carry out the Mission entrusted to them.
Any User who uses the Services offered on the www.metastrat.com platform undertakes to comply with them.
The Services offered on the www.metastrat.com website are reserved for professionals.
ARTICLE 1: DEFINITIONS
Each term beginning with a capital letter below has the meaning given in its definition.
Client: User, whether an individual or a legal entity, using the Site strictly for professional purposes, with a view to getting in touch with, or being connected to, one or more Freelancers in order to entrust them with the performance of a Mission.
Order: Act expressing the Client's will to entrust a Mission to one or more Freelancers. Once the Order has been placed by the Client on the Site, it is final only after acceptance of the quote binding the Client to the Freelancer(s).
Content: Article, definition, document, guide, practical sheet or information made available, accessible or downloadable on the Site.
File: All the documents and information entered by the Client and the Freelancer on the www.metastrat.com website that make it possible to provide the Service.
Freelancer: Individual holding a SIRET number, working as an independent under the legal conditions applicable in France and offering their services to Clients through the Site.
Mission: Specific task entrusted by a Client to one or more Freelancers.
Required Documents: All the information and documents communicated by the Client by uploading them to the Site that are necessary to provide the Service ordered.
Service: Any intermediation service with a Freelancer offered on the Site, the preparation and issuing of invoices and contracts in the name and on behalf of Freelancers and Clients, as well as services intended to support the Client in searching for and selecting Freelancers for the performance of Missions.
Website, Site or Platform: Secure website of the company METASTRAT accessible at www.metastrat.com, giving access to the Services under the conditions and terms set out in these General Terms of Sale and Use.
User: Any individual or legal entity, of full age and legal capacity, browsing the Site.
ARTICLE 2: PURPOSE
The purpose of these GTSU is to govern the relationship between Users and the company METASTRAT in connection with the use of the Site. Use of the Service is subject to compliance with the GTSU, which is an essential condition thereof.
It is understood that these general terms do not govern the relationship between Freelancers and Clients when they have decided to have Missions carried out.
It should be recalled that the company METASTRAT has no link whatsoever with the Freelancers, who are independent professionals.
The Service consists solely of an intermediation service between a Client and a Freelancer.
ARTICLE 3: Scope
The GTSU apply, without restriction or reservation, to all transactions carried out on the Site. Together with the Order, they constitute the contractual documents binding on the Parties, to the exclusion of all other documents, brochures, catalogues or photographs of products, which are for information only.
They govern the contractual relationship between the Company and Users, Clients and Freelancers, and specify in particular, without limitation, the Services offered.
METASTRAT's contact details are as follows:
METASTRAT
11 rue de la Pie Grieche
34770 GIGEAN
contact@metastrat.com
06 82 25 10 98
These GTSU apply to the exclusion of any other general or special conditions.
These GTSU are accessible at any time on the Site and shall prevail, where applicable, over any other version or any conflicting document.
The User declares that they have read these GTSU and accepted them without restriction or reservation by ticking the box provided for this purpose before the Order is placed.
As these GTSU may be amended, the applicable version is the one in force on the Site on the date of the Order. Amendments are binding on Users of the Site only from the time they are put online and cannot apply to transactions concluded beforehand.
The Company, acting in good faith, reserves the right to cancel, amend or replace the GTSU or the Services, or to transfer ownership of the Site. A User may in no event claim damages from the Company following such changes.
In accordance with the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation, the User has, at any time, a right of access to, rectification of and objection to their personal data by writing, by post and proving their identity, to contact@metastrat.com.
The User acknowledges that they have the capacity required to enter into a contract.
The invalidity of a provision of the GTSU does not affect the validity of the others.
ARTICLE 4: DESCRIPTION OF THE SERVICES
The Site provides the User with a Service comprising in particular:
facilitated connection between Clients and Freelancers;
payment methods intended to secure the course of a Mission;
the preparation and issuing of invoices and contracts relating to the Missions carried out, in the name and on behalf of Clients and Freelancers;
the collection from Freelancers of the documents required under the duty of vigilance and making them available to Clients.
The Service is reserved for professionals.
The Client submits a Mission proposal on the Site or selects a Freelancer in order to receive one or more quotes.
After the terms of the Mission have been validated, the Client receives, through the tools made available on the Site, an overall service proposal involving several Freelancers who are members of the Metastrat community.
If they agree, the Client signs the service contract by reply e-mail, by electronic acceptance or by electronic signature.
At the end of the Mission, an invoice is then prepared and issued by the platform using the tools made available on the Site. It includes the fees of each of the freelancers, the business introducer commission and the remuneration of the company Metastrat.
An optional payment tool will be offered, through which the service may be paid for:
- by bank transfer to the account whose details are shown on the invoice issued;
- by bank cheque sent to the address shown on the invoice issued;
The Mission requested when placing the Order will be carried out outside the contractual relationship between the User and the Company.
Freelancers are therefore solely responsible for the services they provide, and the Company, acting as a technical provider, cannot be held liable in respect of the Missions.
Users are reminded that Freelancers wishing to be listed and to meet Users' needs undertake to exercise all necessary diligence in carrying out the services ordered by Users.
The Freelancer remains free to set their own pricing policy according to the specific features of the Missions. In this respect, Freelancers freely set their rates according to the type of Mission concerned.
When the Freelancer agrees to be connected with a Client, they agree that all the information they have provided to METASTRAT may be communicated to the Client. It is specified that the data will be passed on to the Client only if the Client requests it.
ARTICLE 5: Use of the Service
To access the Services, the User must create an account by signing up free of charge on the Site.
The User must be at least 18 years old and legally capable of contracting and of using the Site in accordance with these General Terms. The User is required to provide accurate information, which they undertake to update immediately in the event of changes.
Access to the account created is protected by a username and a password chosen by the User when signing up on the Site. The User is solely responsible for any use that may be made of their username and password, and solely guarantees their confidentiality, as well as any use of their account.
Should the User provide false, inaccurate, outdated or incomplete data, the Company shall be entitled to suspend or close their account and to refuse them, in the future, access to all or part of the Services.
Use of the Service is conditional on full acceptance of these GTSU and confirmation of identity by the User.
In the event of a change in their situation, the User undertakes to inform the Company. The Company cannot be held liable if it has not been notified of a change in situation or of erroneous information concerning the User.
The Freelancer also agrees to upload to their personal space the documents required concerning them in order to meet their obligations in the fight against undeclared work, as well as the transparency rules (KYC) aimed at combating tax fraud, money laundering and the financing of terrorism.
The details entered by the Client when providing the information relating to their order are binding on the Client. The Company cannot be held liable for errors made by the Client in stating the recipient's details for the order (billing address in particular) or for any delivery delays or the impossibility of delivering the Services ordered that such errors may cause.
Automatic recording systems are considered proof of the nature, content and date of the Order.
The Company reserves the right to take legal action and claim damages against any person who has attempted to cheat, deceive or fraudulently use the Service provided by the Company, or to generate advantages or benefits fraudulently or unfairly, or more generally who has entered information for the purpose of usurping an identity.
ARTICLE 6: PRICE OF THE SERVICES
Pricing is the subject of specific provisions agreed between the Company and Users.
The prices of the services offered by Freelancers and available on the Site are freely set by the Freelancers and are stated in euros, excluding tax (HT) and including all taxes (TTC). The price of legal services is the one in force on the day the service contract is signed.
The Company does not intervene in any way in the negotiation of rates between the Freelancer and a Client. Each Freelancer is entirely free to set their own pricing policy. Each User is free to accept or refuse a Freelancer's proposal to intervene.
ARTICLE 7: Suspension and closure of the account
In the event of a breach of the obligations under these general terms, the Company reserves the right, without compensation and without notice, to suspend access to all or part of the account until the cause of the suspension has disappeared, or even to delete the account in view of the seriousness of the breach.
The User acknowledges that the Company cannot be held liable towards them or towards third parties for the consequences of the closure or suspension of the account.
The User may at any time stop using the services and request closure of their account from METASTRAT via the site.
In all cases, the User remains responsible for any use of their account prior to its closure.
ARTICLE 8: OBLIGATIONS AND LIABILITY OF THE COMPANY
The Company's role consists exclusively of making the Site available to Users and connecting them with Freelancers. In this respect, the Company provides Freelancers and Clients with tools and technical means enabling them to get in touch in order to enter into a service contract through the Site. Its liability is limited to the provision of these means, as described herein, and to the connection of Users.
The Company gives no guarantee in respect of the services provided by Freelancers. It therefore cannot be held liable for the outcome of the proceedings undertaken by the Freelancers.
The Company cannot be held liable for any direct or indirect damage suffered by Users as a result of their use of the Service.
The Company gives no guarantee as to the success of Users' contact with Freelancers.
The Company and the User are independent parties, each acting in their own name and on their own behalf.
The Company does not enter into any contract in the name and/or on behalf of a Freelancer or a Client, who contract directly with each other through the Site.
Consequently, the Company can in no event be considered, in particular, an employee/employer or agent of a User.
As the Company is not a party in any capacity to the contracts relating to a Mission entered into between Freelancers and Clients, the latter are solely responsible for any difficulties, claims and disputes that may arise upon the conclusion and/or performance of said contracts. Consequently, each User releases the Company from all liability for the direct or indirect consequences resulting directly or indirectly from the connection, the conclusion and/or the performance of such a contract between them.
The Company does its utmost to verify the content and validity of the information and documents sent by Freelancers on the Site, provided they are issued in France. However, the Company cannot in any way be held liable for breaches of the obligations incumbent on them, in particular in connection with the fight against undeclared work and compliance with the transparency rules, nor for any resulting damage.
ARTICLE 9: OBLIGATIONS AND LIABILITY OF THE USER, THE CLIENT AND THE FREELANCER
The User is solely responsible for all the Content they choose to put online on the Site, the Company not checking the Content before it is put online.
The User expressly undertakes not to publish any Content that is insulting, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and decency, infringing, prejudicial to public order or to the rights of third parties, likely to harm the rights, reputation and image of the Company and, more generally, whose content would breach the law and/or regulations, in particular criminal law.
Each User undertakes in particular:
to verify the accuracy of the information provided;
not to alter, reproduce, correct, rearrange, modify or distribute the Service in any way;
to verify that their data complies with the law and the rights of any third parties, to obtain on their own all the necessary authorisations, and to indemnify the Company against any third-party claim.
The Client undertakes to submit a serious and sufficiently detailed Mission offer to the Freelancers they contact through the Site with a view to obtaining a price proposal.
In this respect, the Client undertakes to give Freelancers any clarification necessary so that the description of the Mission offer is as accurate as possible and does not mislead the Freelancers. The Client is solely responsible for the description of the Mission offer for which they request a price proposal from Freelancers. In the event of an error in the description of the Mission offer, the Client shall alone bear any additional services required and the related extra costs, by formalising with the Freelancers an additional Mission through the Site.
The Client also refrains from using the Services and the Site to promote their own business or that of a third party. In this respect, they undertake in particular not to send advertising messages to Users of the Site or to solicit them.
The Freelancer undertakes to offer their services and carry out Missions on the Site only in their own name. They therefore refrain from subcontracting all or part of the Mission to a third party outside the METASTRAT freelance community.
The Freelancer acknowledges that the tools and technical means made available by the Company do not relieve them of their responsibility for the legal obligations incumbent on them. In particular, they acknowledge that they retain full responsibility for their legal and tax obligations regarding invoicing in respect of the original and/or corrective invoices issued in their name and on their behalf by the Company, in particular as regards their VAT filing and payment obligations.
The User is also solely responsible for the procedure chosen and for all information sent to the Freelancers chosen.
Consequently, the Company cannot be held liable for the content of the information transmitted, disseminated or collected, for its use and updating, or for any files, in particular address files, in any capacity whatsoever.
The User refrains from using the Service to make available to the public any content for which they do not hold the rights and which would thus infringe copyright or intellectual property provisions.
The Company can only warn the User of the legal consequences that could arise from unlawful activities on the Service, and disclaims any joint liability for the use of the data made available to the public by the User.
The User refrains from any use of the Service for unlawful or illegal purposes such as, in particular: spamming, intrusion or attempted intrusion from the Service (non-exhaustively: port scanning, sniffing, spoofing, etc.).
The User is entirely responsible for the use of the Service. The Company's liability cannot be engaged because of a malfunction of the Service resulting from misuse of the Service by the User.
ARTICLE 10: PERSONAL DATA
Personal data
MetaStrat processes Users' personal data in order to provide the Service (account creation and management, connecting Clients and Freelancers, handling requests, support), to ensure invoicing and administrative follow-up, and to comply with its legal obligations (in particular compliance/vigilance obligations).
The terms of the processing (purposes, legal bases, retention periods, recipients, data subjects' rights, cookies/trackers) are described in the Privacy policy accessible from the Site.
In accordance with the GDPR, the User may exercise their rights by writing to contact@metastrat.com.
ARTICLE 11: INTELLECTUAL PROPERTY
Use of the Site confers on Users no intellectual property right in any element of the Site, whether the software and technical tools made available to you by the Company or the protected elements (texts, images, videos, trademarks, designs and models, databases, etc.), which remain the property of their respective owners.
Access to the Service is granted under a free licence. The Licences granted by the GTSU give no right over the content of the Site, computer programs, software and products associated with the Services provided by the Company, nor over the associated logos and other names, logos, icons and trademarks identifying the Company's products and Services, which must not be used without the Company's prior written permission.
In accordance with the applicable provisions of the French Intellectual Property Code, only use of the Site for private purposes is authorised, to the exclusion of any other use that would constitute acts of infringement punishable as such.
Consequently, Users cannot and refrain from reproducing, representing, distributing, marketing, modifying or licensing all or part of any of the elements of the Site, in any way whatsoever, without the express, prior written consent of the company METASTRAT. Any other use may give rise to legal proceedings.
ARTICLE 12: HANDLING OF COMPLAINTS
The Company undertakes to respond to any complaint within a maximum of 15 working days from receipt of a complaint e-mail or letter.
ARTICLE 13: MAINTENANCE AND MALFUNCTIONS
The operation of the Service may be temporarily interrupted to carry out maintenance or update operations:
- without notice outside working hours or in cases of absolute necessity;
- with 24 hours' notice for any intervention likely to exceed one hour during working hours.
In the context of digital media on the internet, Users acknowledge that the hazards linked to access providers and hosting providers may cause discontinuity in the services offered by the Company, and are beyond its technical means.
The company METASTRAT does not guarantee that the operation of the Service will be continuous or free from malfunctions. Users who notice malfunctions may report them to the Company by e-mail at contact@metastrat.com.
The company METASTRAT may also, at any time, suspend the Site temporarily or permanently for any reason, without any right to compensation for Users.
ARTICLE 14: FORCE MAJEURE
Any event beyond the parties' control that cannot reasonably be foreseen or overcome shall be considered a force majeure event.
Thus the Company cannot be held liable for delays or failures to perform its contractual obligations resulting from events beyond its control, such as in particular: acts of government, weather disruptions, absence or suspension of the electricity supply, lightning or fire, a decision of a competent administrative authority, war, civil unrest, acts or omissions of other telecommunications operators, or other events beyond the Company's reasonable control.
Any circumstances of this kind occurring after the conclusion of the contract and preventing performance of the service under normal conditions are considered grounds for exempting the parties from all or part of their obligations. Consequently, the Company cannot be held liable for any resulting service interruptions.
ARTICLE 15: GOVERNING LAW
In the event of a dispute between the User, the Client or the Freelancer and the Company, or in the event of difficulty of interpretation or performance, or of a challenge relating to the GTSU, the dispute or difficulty shall be subject to French law and to the jurisdiction of the courts of the registered office of the company METASTRAT.
These GTSU are drafted in French and may be translated into English for the convenience of Users. In the event of any discrepancy between the French version and a translation, the French version shall prevail.
ARTICLE 16: EVIDENCE AGREEMENT
All documents and correspondence exchanged electronically between the parties are binding on the parties, including the digital signature of these GTSU.