Last modified: 25/02/2025

ARTICLE 1 - OBJECT AND SCOPE OF APPLICATION

These general terms and conditions (the "General Terms") define the rules for using the app.turnover-it.com website (the "Site") and for the sale of services and products on this Site.

These General Terms are established by the company operating the www.turnover-it.com Site, namely Free-Work / AGSI SAS, with a share capital of 50,000 euros, whose registered office is located at 35 RUE DE PARIS 92100 BOULOGNE-BILLANCOURT, registered with the Paris Trade and Companies Register under number 450 955 893 ("Free-Work/AGSI SAS" or "AGSI SAS" or "we").

They apply to any natural or legal person who accesses the Site and/or uses it, including: the simple visitor, the person who subscribes to the services offered by the Site (the "Client") or the person using them on behalf of a Client (the "User"). Any person who accesses the Site thereby agrees to comply with these terms.

They notably provide for conditions and limits for the access offered on the Site. www.TURNOVER-IT.com, Free-Work/AGSI SAS remaining free to offer custom offers when the client's needs exceed the content of the proposed packages.

The General Terms are accessible at any time on the Site and take precedence over any other version and over the Client's own purchase or other conditions.

ARTICLE 2 - DESCRIPTION OF PRODUCTS AND CONDITIONS OF USE

2.1. Services

The services offered from the Site are (the "Products"):

• Access to a CV database;
• Distribution of assignment and/or job adverts on www.free-work.com;
• Access to the Marketplace, a B2B platform for intercontract placement;
• A SaaS solution for managing applications;
• Sale of advertising space and directory listings.

The Client undertakes to use the services to which they subscribe in a reasonable and rational manner. The Site and Products are provided as is, with any imperfections.

2.2. Compatible equipment

The Site is designed to work with the latest versions of the following browsers: Internet Explorer, Firefox and Chrome. We offer no guarantee of proper operation for use of the site through other browsers, earlier versions or mobile devices such as tablets or phones. The Client accepts the service as is.

2.3. Accounts

A client company or multi-brand group may only have one active main account. The number of associated sub-accounts is limited to 15. No additional account may be added to the account with the Business Resumption offer.

2.4. Credential management

The Client undertakes not to share their credentials and to change their password regularly, particularly in the event of one or more team members who knew their credentials leaving.

2.5. Freeze period

The subscription may include, depending on the chosen package, the benefit of a freeze period. Unless otherwise stated, this benefit is reserved for 12-month or longer subscription packages (the "12-month Business Resumption" offer excluded).

The benefit works as follows. For 12-month or longer access, you have 6 periods of 7 consecutive days. These days can only be used in 7-day periods starting on any day of the week. At any time you can call us to lift the freeze on your access. Frozen days will automatically extend the end date of your access. You can communicate your freeze periods to us up to 12 months in advance or let us know the day before for your access to be suspended from the next day. The start date of your freeze period must be at least the day after your email (D+1). Unused periods cannot be carried over to subsequent access, but extend the end date of the subscribed access accordingly.

2.6. Job location

The Client is authorised to publish job adverts for positions to be filled anywhere in the world, subject to compliance with the obligation provided for in the following paragraph.

2.7. Legal and contractual obligations regarding advertisements

The Client expressly undertakes not to publish advertisements contrary to applicable legislation, public morals, public order or infringing the rights of third parties.

The Client is obliged in particular to comply with the provisions of labour law. The following rules are reminded to them, in a non-exhaustive manner:

• Offers concerning positions to be filled on French territory must be written in French. They may however be accompanied by a translation in another language.
• Any discriminatory requirement based on gender, age, origin, family situation, physical appearance, state of health, opinions, or any other prohibited criterion is strictly forbidden;
• The offer must correspond to a real recruitment need;
• The content of the advertisement must be accurate, not misleading, and comply with applicable labour law rules (type of contract, working hours, remuneration level, etc.);
• It is forbidden to make an application conditional on payment, presentation of a criminal record (except legal exception), or holding a driving licence (except proven necessity for the position);
• Access to published advertisements must be free for candidates, without links to paid services or premium rate numbers;
• The Client must indicate on the advertisement the identity of the recruiter or, in the case of an anonymous offer, communicate the name or company name and address of this recruiter to Turnover-IT.

The Client must verify that their advertisement does not contain a prohibited mention before publishing it. They are invited to refer to the many guides on the subject.

To the fullest extent permitted by law, they indemnify Free-Work/AGSI SAS against any judicial, extra-judicial or amicable proceedings in the event of breach of this article, indemnifying it for all related expenses, including expert and legal fees.

2.8. Publication of job adverts in dedicated spaces

The Client undertakes not to publish job adverts outside the interface provided for this purpose. For obvious content organisation and editorial quality optimisation reasons, it is in particular forbidden to misuse the directory listing by publishing one or more job adverts in the "Presentation" area of your company. We reserve the right to delete the recruiter account, to irrevocably terminate the Client's subscription.

2.9. View limits

We call "CV view" the act of accessing the content of a CV by clicking on its title, downloading the attachment or hovering over the preview icon. A "CV view" can be performed among others from the "CV Database" tab and from the email alert or from responses received on a job advert. Consultation of our database can only be done in the context of one or more specific recruitments.

We call "fair use" the maximum number of CV views allocated over a rolling 30-day period whose last day is the current day. 360 access is limited to the first limit reached: either 450 CV views per day for 3 and 12-month access and 300 CV views per day for 1-month access, or the "fair use" indicated on the interfaces, order forms and on invoices issued when purchasing access.

One-off access is limited to the number of CV views indicated on the interfaces, order forms and on invoices issued when purchasing access. CV view volumes should be sufficient in the context of responsible use of our services for your recruitments. A number of actual views below the ceiling gives no right to a refund or carry-over to the following period.

This limit applies to the total views of all accounts and sub-accounts.

2.10. Emailing

To avoid any SPAM in the context of a mailing sent from the CV database tab, the Client undertakes to verify the adequacy of the targeted candidate's profile with their offer by studying the entire CV. If the targeted CV is not viewed we reserve the right not to transmit the mailing. Each candidate targeted by a mailing is equivalent to a complete view of their CV.

2.11. Prohibition of automated means

The Client undertakes not to use, directly or indirectly, any automated process for accessing or interacting with the Site and its databases, in particular using scripts, bots, scrapers, crawlers or any other tool or programme intended to extract, query, copy, collect or interact with the data or functionalities of the platform, without prior written authorisation from Free-Work/AGSI SAS. We reserve the right to slow down, limit or suspend access to the Products if we can reasonably suspect that you are making abusive or fraudulent use.

2.12. Respect for candidates in the use of their data

The use of candidates' contact details can only be done in the context of recruitment for a specific position. Thus, collection of personal information (emails, phone numbers...) is prohibited. Our members have an address to report spam received: RGPD@free-work.com, any abuse of the use of our CV database will be prosecuted. As part of this commitment, the Company reserves the right to verify access points and codes.

ARTICLE 3 - FINANCIAL CONDITIONS

3.1. Access

The Client can access the Products by choosing the offers detailed on the Site, which can be divided into two categories:

• Duration-based access, offering a single and immediate payment of the price for access over a defined number of months;
• Monthly subscription without commitment, which can be cancelled for the following month at any time. The cost of the subscription is then invoiced and debited each month.

3.2. Prices

Prices in force are expressed excluding tax, AGSI SAS reserving the right to pass on any new tax and rate increase. The prices indicated are in euros.

3.3. Price evolution

AGSI SAS reserves the right to change its prices at any time. For monthly subscriptions, the price change will be brought to the Client's attention with reasonable notice. The Client has the option to cancel their monthly subscription in case of disagreement.

3.4. Discounts

Any discounts are offered on invoice, and then only concern 12-month access.

3.5. Payment

Payment for Services is made only by bank card (Carte Bancaire, VISA, MASTERCARD) or, for duration-based subscription only, by bank transfer.

In case of payment by transfer, the Services will only be activated upon receipt of payment and processing of the order by AGSI SAS.

The debit from the Client's bank card will be made in euros when subscribing to one or more services on the Site. The entry of your bank details is secure. The external E-transaction solution from Crédit Agricole guarantees the security of your online transactions via SSL.

No discount will be applied for early payment.

3.6. Proof of transaction

Payment will be made under the conditions applicable to the remote payment system chosen by the Client. The Client is bound by their order as soon as they click on the e-transaction button on the Site's sales pages. The data recorded on the TURNOVER-IT/AGSI SAS server constitutes proof of all transactions between TURNOVER-IT/AGSI SAS and its Clients. Online payment for Products by bank card is made through the Crédit Agricole e-transactions solution.

The data recorded by the Crédit Agricole / PAYBOX payment system constitutes proof of financial transactions made by bank card. Crédit Agricole / PAYBOX does not transmit information relating to bank card payment to AGSI SAS except, if necessary, in the event of a duly expressed complaint concerning a particular transaction. The transmission of information between the Client and Crédit Agricole / PAYBOX is secure, depending on the software integrated into the Client's equipment, by the protocols existing on the Internet, to the maximum authorised by French legislation in force.

3.7. Complaint

Any complaint relating to the Services, its access or its payment must be sent as the case may be to AGSI SAS or to the third party responsible for the payment system. users@turnover-it.com

3.8. Payment default on monthly subscription

In the event of non-payment on the agreed date, the Client's account will be automatically suspended, without prior formal notice or notice. To restore access to their account, the Client must pay for the entire month (30 days), even if it has already started.

3.9. No right of withdrawal

Subscription to and access to a Product may not give rise to the exercise of any right of withdrawal and consequently to any refund.

ARTICLE 4 - INTELLECTUAL PROPERTY, PROTECTION OF CONTENT AND DATA

4.1. Intellectual property

We hold all intellectual property rights to the Site and our databases or have authorisation to exploit them.

TURNOVER-IT is a registered trademark with the French National Institute of Industrial Property.

Any use of all or part of the Site or our databases must be subject to prior express written authorisation. Otherwise, the author will be subject to legal proceedings, including before the criminal court.

It is in particular forbidden to modify, copy, reproduce, download, distribute, transmit, exploit the computer code, interfaces, logos, photographs, illustrations, drawings or any other graphic, documents, signs, signals, writings, images, sounds or elements of any kind appearing on the Site or emanating from it (hereinafter "the Contents").

Also prohibited, for TURNOVER-IT/AGSI SAS databases, are extraction, by permanent or temporary transfer of the whole or a qualitatively or quantitatively substantial part of their content to another medium, by any means and in any form whatsoever, as well as reuse, by making available to the public the whole or a qualitatively or quantitatively substantial part of their content, in whatever form.

For the purposes of providing the Products, the Client authorises TURNOVER-IT/AGSI SAS to use its distinctive signs and elements protected by intellectual property rights. This use is limited to reproduction and display, for the duration of the contract. The Client indemnifies TURNOVER-IT/AGSI SAS against any third-party claim relating to the use of the elements, indemnifying it for all costs incurred by any amicable steps or proceedings and convictions.

4.2. Commercial references

Unless express written opposition, the Client authorises TURNOVER-IT/AGSI SAS to cite them in its client references, on its site and on other media, including by reproducing its logo. This use is granted in strict compliance with commercial practices.

4.3. Confidentiality

All documents and information, whatever their form and medium, made available or handed over to the Client, remain the exclusive property of AGSI SAS, sole holder of intellectual property rights over these documents and information. The information, analyses, studies and in general all elements concerning the Services which are communicated, directly or indirectly, to the Client, whether in writing, orally or by any other medium, are protected information (the "Protected Information").

This confidentiality clause applies for ten years from the end of any contractual relationship between the Client and TURNOVER-IT/AGSI SAS, worldwide.

4.4. Opposition to text and data mining <TDM-RESERVATION: 1>

Turnover-IT opposes all text and data mining operations within the meaning of Article L. 122-5-3 of the French Intellectual Property Code. This opposition covers the entire Site and the Contents to which it gives access.

All text and data mining operations targeting the Site and its Contents, including through automated data collection devices, therefore constitute acts of infringement unless specific agreement formally expressed by us is obtained.

Article R. 122-28 of the French Intellectual Property Code specifying that the opposition mentioned in III of Article L. 122-5-3 may be expressed by any means, including through the general terms of use of a website or service, the absence of metadata associated with the Site, Site directories, Site Contents has no effect on the exercise of the right of opposition expressed by these general terms of use.

4.5. Personal data

AGSI SAS undertakes to comply with legislation relating to the protection of personal data, and in particular Regulation (EU) No 2016/679 known as the General Data Protection Regulation ("GDPR"). Our data protection policy can be consulted at: https://app.turnover-it.com/privacy

The Client acknowledges that they are responsible for the processing of personal data of candidates or members of staff of other companies with whom they communicate. They undertake to comply with the legal obligations attached to this responsibility.

4.6. Transfer of data to partners

AGSI SAS may transfer Client contact details to companies active in the recruitment sector. These may contact the Client for commercial purposes.

ARTICLE 5 - LIABILITIES AND END OF CONTRACT

5.1. Equipment

All equipment necessary for establishing the connection to the Internet network is at the Client's expense. It is up to each Client to obtain, operate and maintain the computer hardware, software and all other equipment necessary for the use of the site and Products. All costs (telecommunications, IT or other) necessary, directly or indirectly, for the Client's use of the site or Product are exclusively at the Client's expense.

5.2. No liability for content and acts of candidates, other Clients and Users

AGSI SAS will make its best efforts to stop acts or the distribution of unlawful content that have been previously reported to it. Unless otherwise provided by law, it is under no obligation to monitor. Thus, it cannot guarantee Clients and Users against malicious use of its Products. In particular, as the CV database offers original CVs from candidates, we cannot guarantee 100% that they are free of viruses or malicious software. AGSI SAS cannot be held responsible for the consequences of downloading and opening a CV in word or pdf format containing viruses, macros or any other type of malicious software.

5.3. Limitations of liability in all cases

To the extent permitted by law, Free-Work/AGSI SAS cannot be held liable for any damage, direct or indirect, in connection with:

• Incorrect or deliberately false information provided by the Client or a User;
• The quality, accuracy, completeness or reliability of the Site or its content, and in particular the content published on the blog, newsletter and other publications;
• Temporary unavailability of the Site, for any reason and in particular a technical problem, temporary unavailability or network overload, contamination by a computer virus, a maintenance operation or content update;
• Use of the Site and Products for purposes contrary to their intended use;
• An action or omission of a third party, including a Client, User or candidate, and in particular unlawful acts such as identity theft or publication of unlawful content;
• Faults of Free-Work/AGSI SAS partners, the latter in no way guaranteeing their services.

The Site is provided as is, with any imperfections.

The Site contains links to other websites. We have no control over third-party sites and disclaim any responsibility for them.

In all cases, Free-Work/AGSI SAS liability can only be engaged for facts that are directly attributable to it. It can in no case be held responsible for all indirect damage such as in particular loss of profits or loss of business. Finally, its maximum cumulative liability is limited to an amount equal to the last three months of subscription, from the start of the damage-causing event.

5.4. Force majeure

The following are considered, by the General Terms, as constituting force majeure, any event, outside the control and/or independent of the will of AGSI SAS, such as, without this list being limiting, natural disaster, strikes, frost, fire, storm, flood, epidemic, supply difficulties, strike or other labour dispute, malfunction or interruption of national or international communication routes affecting its performance(s) due to its unforeseeable and irresistible nature. In all cases of force majeure, AGSI SAS is released from any liability, whether contractual or tortious, under any guarantees or on any other basis, for any damage caused directly or indirectly by force majeure and is, consequently, not liable for any damages or compensation for total or partial non-performance of its obligations. Initially, the force majeure event, considered above, suspends the performance of the contract; if the force majeure event lasts more than one (1) month, each of the parties will have the possibility of terminating the contract by registered letter with acknowledgement of receipt. AGSI SAS also undertakes to do its best to guarantee the proper functioning of the site, however, it cannot be held liable for internal malfunctions, bugs, or any other problem due to the Site or hosting.

5.5. Early unilateral termination

AGSI SAS reserves the right to terminate the contract with any Client who does not comply with these terms. In the event of serious breach, access to the Products may be interrupted beforehand, without notice or formal notice.

5.6. Competent court

The Courts of Nanterre, competent according to the matter, are alone competent to hear disputes within the scope of these General Terms, for any procedure including conservatory, emergency, guarantee, request procedures or in the event of multiple defendants.

AGSI SAS
35 RUE DE PARIS 92100 BOULOGNE-BILLANCOURT
450 955 893 RCS PARIS