This document was last modified on 14th December 2016.
The following agreement on the terms and conditions of use are between
Unilance S.A.S is registered at the “RCS de Paris” under the n 824 215 271, headquarters at 8 avenue de New York, 75 116 Paris, France (thereafter “the Company”).
The User of the Website: www.unilance.co
If you have any questions relating to these terms and conditions, please contact email@example.com before you choose to use our service. The use of Unilance implies a full acceptation of the following terms and conditions, if you do not accept these terms and conditions in full please do not use our Service.
In This User Agreement:
Client: refers to any company/person or entity using the Unilance Website for means for business purposes.
Content: Concerns any message, information of any kind (image, texte, videos, comments, photographs, marks, company names, etc.), uploaded by a user on the Website.
Freelance: Concerns any user, wishing to collaborate with a client, either holding an official entrepreneur status from the country of residence, or with a SIRET number registered at the institution called “Registre du Commerce et des Sociétés, au Répertoire des Métiers, à la Maison des Artistes, à l’Agessa”, or any foreign equivalent status.
Stripe: means the secured payment system proposed by the Company to users.
Billing mandate: Means the billing order between the auto-contractor and the Company, under which the auto-contractor agrees to entrust to the Company, in accordance with the applicable rules, the preparation and issue of his Invoices relating to the Missions for a Customer via the Site.
PAYPAL: Means the secured Payment system proposed by the Company to the Users
Mission: means any specific task required by the Client, and undertaken by the Freelance.
Website: means the website hosted at unilance.co, where clients find Freelances.
Services: means any service provided by Unilance, including linking clients and Freelances, payments, provision of billing tools, the Smartbrief, and assisting clients in finding the right Freelance.
Users: means any Freelance wishing to undertake a specific task required by a Client, and Client.
II. Website Registration
2.1 To use Unilance services, the user must create an account by filling out a free registration on the website.
The user must be at least 18 years old, and legally responsible, allowed to use the website in accordance with these terms.
The user must provide up to date and accurate information that he is committed to regularly update. The access to the User’s account is protected by a username and a password that has been chosen by the User when registering on the website.
The User is the only responsible for any use that might be made of the username and password, and the sole guarantor of its confidentiality, and any use of his account.
2.2 To be featured as a Freelance on Unilance, the Freelance must provide full and accurate information on his profile page, and regularly update it. Moreover, users must download or upload on the Website the required documents in order to satisfy the obligations in the framework of the fight against undeclared work, and transparency rules (KYC), to fight against tax fraud, money laundering, and financing of terrorism.
2.3 Unilance shall be able to expel a Freelance from the platform, if he provides false, inaccurate, not up to date information, or does not subscribe for the right legal status such as “sole trader”.
III – Description of Services and Website operation
3.1 After subscribing, the User can benefit from the following services:
• A linkage: between Freelances, and Clients who wish to assign specific tasks.
• a mean of payment that aims to secure the progress and execution of a mission.
• A Smartbrief concept (available upon request) that enables clients not to waste time explaining basic information about the company and business, as the system does it all.
• An assistance to companies in the research of the right Freelances, based on their needs and required tasks.
• Services related to billing and payment, to the Users.
• The collection from Freelances of the required documents, as part of the obligation of vigilance and the availability of these documents for the Client/Project Owner.
The collection from the Freelances of the required documents in the framework of the watchfulness and its availability to the Clients/Project Owners.
• A language test system that permits to assess the Freelance’s language level.
3.3 Clients contact Freelances on the Website by sending a request or Freelances can apply to a mission by submitting an offer (time, price).
If case of agreement between the Client and Freelance about the terms and conditions, the Freelance must send a quote to the Client, via the Unilance Website.
Only the registered users can access our services. However, non-registered users can view profiles and missions. Freelances must allow the company to provide and issue any related invoice in their name and on their behalf by accepting the billing mandate in order to use the services of the Website.
The Unilance platform is available to use 24h/24, 7d/7, furthermore, the company has the right without prior notice or compensation to temporarily or permanently shut down the Website, the access to one or more services, servers and hours of accessibility without this list being exhaustive, for updating, modifications or changes reasons.
The company has the right to bring any modification or enhancement that is considered necessary for the proper functioning of the Website and its services.
In case of agreement, the Client/Project Owner funds his account in electronic currency in the amount of the Mission, which will permit the Freelance to start the Mission (except for payments via money transfer: the Client will be asked to transfer the amount of the mission before the start, and after satisfaction, Unilance allows the money transfer). Money transfer to Unilance shall be a second mean of payment used by Clients. The Company shall send the funds to the Freelance upon satisfaction.
At the end of the Mission, an invoice is established and issued by the Company in the name and on behalf of the Freelance, based on the information that he provided, and sent by the Company to the Client/Project Owner.
The Freelance is bounded to communicate all information or other legal mentions to the Company, required to be displayed, in accordance with his legal obligations, as it is planned by the billing mandate.
The approval of the Mission causes the payment of the Freelance of the amount of the invoice, less the commission payable to the Company by the Freelance.
IV – Website and Services access.
The usage of the Website and its Services are exclusively reserved to the registered Users of the Website.
Users are required to comply with the rules of their country of residency and the rules of the Website. Users are responsible for the means necessary to access the Website. Users are responsible for all possible telecommunication costs linked to the internet access and usage of the Website.
The Website is accessible 24h/24, 7d/7 to all the Users.
The Company has the right, without notice, or compensation, to shut down temporarily or permanently the Website, or the accessibility to one or many Services to do an update, modifications or an amendment on the operational methods, the servers and the hours of availability, without necessarily limited to these situations.
The Company reserves the right to make amendments and enhancements that it deems necessary or useful for the proper functioning of the Website and its Services.
V- Prices of Services
Unilance charges a commission on the Freelance’s mission, based on the total amount of the mission. This amount is directly charged on the amount due to the Freelance as soon as the client has approved the mission.
The commissions charged by Unilance, ranging from 10% to 20%, special conditions may be applied.
VI- Payment System
6.1 The payment by the Client/Project Owner of the Mission amount shall be made by payment by provision of the Mission via an account of electronic currency (escrow account). The payment of the provision shall be made by credit card through a secured online payment system or by money transfer. In the case of exceptional services, the Client/Project Owner can be authorized to pay directly the amount of the Mission at the end of the term, preliminary provision, in the payment deadlines provided by the law. The conditions and modalities of such a payment are subject of a separate agreement.
6.2 For the purposes of implementation of the payment system, the Company has subscribed to the services of the company PAYPAL, company certified as an electronic money institution, registered at the “RCS Luxembourgeois” under the n° B 118 349, whose registered headquarters are located at 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PAYPAL”).
VII- Assessment system and endorsement
7.1 As soon as the Freelance has completed the mission, the manager/Client who has collaborated with him are urged to assess the Freelance by giving an exhaustive feedback about the quality, professionalism and any other important information about the work provided. Lastly, the Freelance will receive a grade out of a scale of 5 that the client will have assigned him.
These two information shall be amended anytime by the person/company that wrote them, and displayed directly on the Freelance’s page, and can be viewed by any other client wishing to assess a possibility of collaborating with the Freelance.
The Freelance is committed in not asking anyone, or any company to write a feedback that is false, made up or as a favor.
On the other hand, the Freelance shall be able to grade the Company, assessing it using the same conditions as the Client.
8.1 In the case of a cancellation (result of a mutual agreement between the clients and Freelances) regarding the task, Unilance will refund within 30 calendar days, the amount of the task to the client.
8.2 In the hypothesis of a disagreement between the Freelance and the client on the quality, scope, terms or the mission’ stages, the client must inform Unilance through the customer service and make the best effort to discuss and find a friendly solution within 45 calendar days.
Unilance will intervene to propose a solution to the two parties.
Failing to have reach an agreement, Unilance will refund within 30 days, the amount of the task to the client.
IX – Engagements
9.2 The user commits to fill out all necessary declarations and administrative formalities necessary to the freelance activity, along with satisfying all requirements of the law (social, fiscal, legal and administrative) related to the freelance status according to the French law and/or the foreign legislation to which he/she depends as part of his/her activity and the use of Unilance’s services.
The total amount of a mission completed by a registered User can be held if the user has not given to the Company the necessary documents related to his professional status.
The User is solely responsible for the accomplishments of any tasks/documents related to the Freelance activity. The company’s responsibility will not be taken on due to this matter.
9.3 The Users commits to use fairly the Website and the related services, to not bypass the Website and the related services.
Likewise, all users are committed to not extract any information from the Website in the purpose of a similar or competing activity or in the purpose of recruitment.
9.4 The Client is committed to propose a Mission offer as serious and detailed as possible to the Freelance that the Client gets in touch with through the website, in order to receive a tariff proposal.
In that case, the Client commits to provide any necessary details to the selected Freelance so that the mission brief can be as accurate as possible, in order to not mislead the Freelance.
The client can not use the Services and Website to promote their activities or of a third party. In the light of this, he is committed not to send any promotional messages to the website users.
9.5 The client commits to not cancel the payment by provision in electronic currency to its financial institution, during the mission.
9.6 The Freelance commits to maintain a high level of confidentiality during the possible exchanges with the Clients and about the information that he/she might have received during a Mission or not through the website (whether, he/she was accepted to complete the task). The Users cannot share to others or on social media any documents or conversations coming from the Unilance chat system.
X – Responsability
Responsabilities of Users, Clients/Project Owner and Freelances.
10.1 Users are solely responsible for the direct or indirect damage that he is likely to suffer due to inaccurate, incomplete and / or misleading information that he would provide during registration, or in the absence of update of these information, thus he assumes the consequences alone.
10.2 Users are solely responsible for all Content that he/she chooses to upload/publish on the Website, the Company does not control the content before posting.
The User is expressly forbidden to publish any offensive content, defamatory, disparaging, libelous, racist, xenophobic, contrary to morals and good manners, infringing, violating public order or the rights of others, likely to violate the rights, reputation and image of the Company Unilance and, more generally, the content that violates the law and / or regulations, including criminal law.
10.3 Users are solely responsible for the conclusion and execution of contracts for a task that was concluded with another User through the Website, the Website’s search engine interfering only to put them in touch. The conclusion and implementation of these contracts, which are directly between a Freelance and a Client operating on the initiative and under the exclusive responsibility of the latter.
10.5 Freelances recognize that the tools and technical resources made available by the Company including billing does not exempt from liability for the legal obligations in this regard, particularly as regards the mandatory information to be included on invoices or in terms of applicable taxes.
10.6 Unilance puts all means possible to ensure access and functioning of the website and services 24h/24, 7d/7.
However, given the limitations related to the Internet, Unilance cannot exclude that access and operation of the website and services are interrupted in cases of unexpected events, malfunctions of the user’s equipment, user internet network malfunctions, maintenance to improve the website and services. Therefore, Unilance cannot be held accountable for an interruption of the Services.
The Company and the User are independent parties, each acting on its own behalf and for their own account. The Company does not enter into any contract on behalf and / or on behalf of a Freelance or a client, the latter contracting directly with each other via the Website.
Accordingly, Unilance cannot be regarded as either employee / employer, agent or principal of a User.
Unilance cannot be considered as part of a contract between a client and a Freelance. Therefore, the client and the Freelance are the only responsible in case of difficulties, issues or dispute between these two parties. Accordingly, each user declares that Unilance cannot be responsible regarding any direct or indirect consequences linked to the linking, the conclusion and/or realization of such contract between a Freelance and a client.
For this reason, Unilance cannot be held accountable for any payment cancellation or any other issues related to the payment of the Freelance.
Moreover, Unilance is not obliged to verify the veracity of the information provided by the Freelance or the Client.
10.8 Unilance will make its utmost to assure an accurate content, information and documents transmitted by the Freelance on the website (only when they are established in France). However, Unilance cannot be held accountable in any ways, for infractions related to the obligations linked to the fight against undeclared work and the respect of the rules of transparency, likewise to the possible damages related to them.
Therefore, Unilance cannot be responsible for any wrong, false or not updated information given by the Freelance.
XI – Freelance’s Insurance
11.1 The Company subscribed to an insurance policy called «responsabilité civile d’exploitation/responsabilité civile » from GENERALI France IARD Mutuelle in order to permit Freelances to benefit from an insurance coverage in the context of the missions completed on the Website by them, at the present conditions by the insurance policy.
This insurance covers the Freelance from the moment he/she has found an agreement with the Client on the price.
11.2 The details of the subscribed warranties (particularly nature, limits, deductibles etc…) and the special terms of the insurance coverage from GENERALI subscribed by the Company are available here. The general conditions of GENERALI also applicable are available here.
The Freelance hereby acknowledges having read and being fully aware of the above mentioned general conditions and specific terms.
For the general guidance, the insurance from GENERALI only covers Freelances located in France.
11.3 The Company cannot be held responsible in case of non-application of the GENERALI insurance policy to any damages, no matter the type.
The Freelance acknowledges that he/she is free to subscribe to another insurance policy on his behalf.
XII – Personal data usage
In accordance with the law called «IT and liberties” of 6 January 1978 amended by the Act of 6 August 2004, the user is informed that Unilance conducts automated processing of the User’s personal data (during the registration, the use of the payment system and connection to the website).
The Company is the recipient of personal data collected through the Website. It undertakes to use every means possible to ensure the security and confidentiality of such data.
The collected data must help the company in improving the services, the access to the services, to perform statistical analysis, for commercial prospection and for the sending of newsletters.
The collected data can be sold or communicated to third parties.
They are only transmitted to the company called PAYPAL or STRIPE in the context of the transparency rules (KYC) and against the fight for tax evasion, money laundering and terrorist financing.
Unilance retains the collected data for a five year period from the moment the User shuts down hies/her account.
In accordance with the law called “IT and liberties” of 6 January 1978 amended by Law of 6 August 2004, the User has a right to access, modify, rectify and delete personal data concerning himself.
Users may also oppose the processing of such data for legitimate reasons.
To exercise your rights, please write us at the following address: firstname.lastname@example.org or send a letter to: Unilance, 8 avenue de NewYork, 75116 Paris,France.
The User is informed that this automatic data processing has been declared to CNIL under the number 2023933v0.
For the proper functioning of the Website and Services, cookies are installed in the computer of the user when connecting to the Website. Cookies record information related to navigation (pages visited, date and time of visit, etc.) and identification of its users.
The storage life of cookies implemented by the Company is 6 months.
However, the user can oppose to the usage of cookies on its computers by changing the settings of its personal internet browser. Each browser is different and therefore, the user is invited to consult the browser instructions to set as desired.
XIV – Intellectual property
14.1 of the website
The Website and each of its elements, including the text, images, videos, pictures, brands, logos, company names, school names, trademarks and domain names are the exclusive property of Unilance and its partners.
These elements are protected by the rules related to the intellectual and other property, including copyright.
Any reproduction or representation, full or partial, of the website or any of its components without the approval of the Company is forbidden and represents an infringement punishable by the Code of Intellectual Property.
14.2 of the contents
Any User who publishes content on the Website retains full ownership of everything he publishes.
By creating a profile or leaving comments on another profile, the user expressly authorizes the Company to use, distribute, host, store, reproduce, transmit, publish, modify, adapt, translate and display all or part of the content on the website, networks social, blogs operated by it and / or any other media (including physical and digital media, press releases, sales support, promotional material and / or advertising), by any means, for operating purposes, to improvement, promotion, marketing, advertising and Website services or for the purposes of the establishment of partnerships
This authorization is valid worldwide and concerns the entire user’s registration period. Users acknowledge that any use of the Content made by the Company prior to its unregistration/unsubscription, removal or termination of the account cannot be challenged.
XV – Hyperlinks
15.1 The user cannot create a hyperlink coming from any improper website that might not comply with the current French legislation or that might harm the Company’s or Website’s reputation/image.
In no way, the existence of a hyperlink coming from a third party website to Unilance can mean a possible cooperation nor partnership between the Website and the third party Website.
XVI – Duration, termination and sanctions
XVII – Customer support
For any request or information, the Website and Services, users can reach out to the company using the “contact” section on the Website, or via sending an email to the following address: email@example.com.
The user can also find further information via calling Unilance’s offices; 01.72.38.13.68.
XVIII – Nullity – Renunciation
In the event of one of the present contract being declared null and void, either due to a change in legislation, or a change in the rules or by a decision of justice, this would have no effect whatsoever on the validity of the present General Terms and Conditions.
XIX – General Conditions’modifications
The company Unilance has the right to amend all, or a portion of the present General conditions. However, Unilance will inform the users of any modifications, as soon as they have been updated on the Website.
In case the User does not approve the General conditions, the User must notify to Unilance via email his disapproval, within 24 hours from the notice of modification of the General Conditions.
In the event, the user does not notify any disapproval of the General Conditions within 24 hours, it will be deemed that he has accepted the modifications.
XX – Applicable law and competent court
The following General Conditions are subjected to French Law. Any dispute related to their establishment, interpretation and/or execution is within the exclusive jurisdiction of the court of Appeal of Paris.