The site www.moningenieur.express is published by the company Mon Ingénieur Express, whose head office is located at 14 rue imen Abou Hanifa 2078 La Marsa Tunisia.
Director of publication: Mr. Moatez Ben Mediem
Contact email: firstname.lastname@example.org a>
The www.moningenieur.express site is hosted by OVH, located at 2 rue Kellermann in Roubaix (59100).
The site www.moningenieur.express (hereinafter: "the Site") is a web platform for legal entities seeking to recruit employees or service providers in the field of engineering.
These General Conditions of Sale and Use (hereinafter: the "GTCSU") govern any use of the services accessible from the Site.
Any user of the Site acknowledges having read, understood and accepted without reservation all of these GTCSU.
ARTICLE 1: DEFINITION
“Announcement”: refers to announcements of job offers, assignments or engineering internships published by the Recruiter through the Site.
"Candidate": designates any candidate whose profile has been presented to the Recruiter by Mon Ingénieur Express.
“Recruiter Account”: refers to the personal account created by a Recruiter on the Site.
“CV library”: designates the CV database of Mon Ingénieur Express, accessible to Recruiters who have taken out a subscription.
“Recruiter”: designates any legal entity having subscribed to a Service Offer on the Site.
“Services”: refers to all the services offered to Users of the Site.
“Site”: refers to the website www.moningnieur.express
“User”: refers to any person who uses the Site.
ARTICLE 2: DESCRIPTION OF SERVICES
2.1. EXPRESS SUBSCRIPTION
The subscription is a Service Offer allowing the Recruiter to subscribe to Services whose duration and quantity are precisely adapted to his needs.
The EXPRESS subscription includes the following Services:
A recruitment contract is then signed electronically between the Recruiter and My Engineer Express who will be responsible for finding the right Candidate for the position to be filled.
EXPRESS subscriptions include the following Services:
-Qualification of Candidates
-Selection of the best profiles for their presentation to the Recruiter
-Tool for monitoring the actions carried out
-A dedicated advisor
ARTICLE 3: CREATING A RECRUITER ACCOUNT
To be able to benefit from the Services offered by the Site and, any User must subscribe to an Offer
services tailored to their needs.
When creating a Recruiter Account, a username and password are provided to the recruiter who is invited to modify it via his account. The Recruiter declares to be informed of what he should choose a password that is as complex as possible, ideally containing letters, numbers and special characters. It is also recommended to change it regularly in order to avoid any account theft.
ARTICLE 4: PRICE AND TERMS OF PAYMENT
4.1. Remuneration for Service Offers
The service offers are offered in the form of a subscription and are broken down into two forms of compensation:
-A monthly subscription
-A success fee, the amount of which will be equal to a percentage of XX% on the amount total service provision of candidates recruited by the Beneficiary and presented to him for recruitments entrusted to Mon Ingénieur Express.
-The duration of the subscription is determined at the time of subscription to the subscription.
The subscription will be automatically renewed, by application of the principle of tacit renewal, on the anniversary date of the mandate. The mandate may be terminated at any time by either of the parties, by means of a registered letter with acknowledgment of receipt sent before the date desired transfer of this mandate.
-My Express Engineer has the right to revise the prices of the Services at any time, it being specified that the applicable prices are those displayed on the Site at the time of subscription to a Service Offer.
- If the Recruiter recruits several Candidates presented by Mon Ingénieur Express, the remuneration of success is due for each of these Candidates, under the conditions defined in this article.
4.2. Contesting an invoicing
4.3. Payment methods
Mon Ingénieur Express invoices are payable no later than the last day of the month of their date resignation.
In the event of late payment, Mon Ingénieur Express may charge late payment penalties corresponding to the interest rate applied by the European Central Bank to its most recent refinancing plus five (5) percentage points.
In accordance with Article L.441-6 of the Commercial Code, in the event of late payment, the Recruiter must pay Mon Ingénieur Express the lump sum compensation for recovery costs, the amount is fixed at 40 euros. When the collection costs incurred are higher than the amount of this fixed compensation, Mon Ingénieur Express may request compensation complementary.
ARTICLE 5: DISTRIBUTION OF ANNOUNCEMENTS ON THE SITE
5.1 Publication of an Announcement
The process for posting an Announcement is as follows:
After subscribing to a subscription, the Recruiter completes a form specifying all the
mandatory fields, and in particular the job title, sector of activity, geographical area,
type of contract, the desired experience, the proposed remuneration, the desired profile, the missions
assigned. The Announcement must exclusively be written in French.
Upon validation of the Announcement, it is published on the Site. The Advert may then be subject to modifications by the Recruiter for a period of 24 hours, through the "My offers" section of his Recruiter Account.
The Advertisement is posted for a period of sixty (60) days but the Recruiter may at any time time to remove the Advertisement from the Site.
5.2 Responsibility of the Recruiter
Any Recruiter is solely responsible for the content of the Ads he publishes on the Site. Indeed, in his quality of host within the meaning of article 6-I-2 of the law n ° 2004-575 of June 21, 2004 for the confidence in the digital economy, Mon Ingénieur Express has no a priori control over the content published by Recruiters.
The Recruiter expressly refrains from publishing any abusive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morals and good customs, counterfeiting, bearing harm to public order or the rights of third parties, likely to harm the rights, reputation and image of Mon Ingénieur Express and more generally, the content of which violates the law and/or regulations, in particular of a criminal nature.
The Recruiter undertakes not to publish any content of a nature:
- to violate the intellectual property rights of third parties;
- to disturb or disrupt the operation of the Site.
Ads must not contain any advertising messages, links or URLs to sites third-party internet and no element protected by business secrecy.
Any Recruiter who has published content on the Site assigns to Mon Ingénieur Express his rights to intellectual property (right of use, reproduction, representation, exploitation, adaptation, transformation) for the whole world and for the duration of the Service ordered
ARTICLE 6: CANCELLATION, TERMINATION AND SUSPENSION OF SERVICES
6.1. Cancellation of Services ordered
Orders for Service Offerings, whether subscribed from time to time or in the form of subscriptions, are firm and cannot be cancelled. The Recruiter may not receive any reimbursement in this regard.
6.2. Termination of a subscription at the initiative of the Recruiter
Any request for termination of a subscription must be addressed to the company Mon Ingénieur Express by email, at the following address: contact@moningenieurexpress
Subscriptions being concluded for fixed periods, the Recruiter cannot put a term in advance and any termination will only be effective on the anniversary date of the running subscription, i.e. on the expiration date of the subscription term subscribed.
6.3. Suspension or termination of the Services at the initiative of WebEngineering
In the event of a serious and/or repeated breach of one or other of the provisions of these GTCSU, and in particular in the event of use of the CV library for the purpose of appropriating elements that it contains, WebEngineering reserves the right to suspend or terminate the performance of its Services without prior formal notice or notice, and without prejudice to any damages that WebEngineering might also be entitled to request.
The Recruiter will not be able to receive any reimbursement or compensation in this respect.
In the event that the suspended Services have been taken out as part of a subscription, the monthly payments of said subscription will remain payable during the period of suspension of the Services and this, until the expiry date of the subscription.
ARTICLE 7: DELETING A RECRUITER ACCOUNT
7.1: Removal at the initiative of the Recruiter
Any Recruiter is entitled to delete his account, without reason, by going to the "My Account" section of his Recruiter Account.
The Recruiter Account is then permanently deleted.
My Express Engineer cannot be held responsible for the consequences of the deletion of the Recruiter Account of a User.
7.2: Deletion at the initiative of My Express Engineer
In the event of a serious and/or repeated breach of one or other of the provisions of these GTCSU, Mon Ingénieur Express reserves the right to delete a Recruiter Account, without the Recruiter cannot receive any reimbursement or compensation in this respect.
My Express Engineer reserves the right to delete inactive Recruiter Accounts.
A Recruiter Account is considered inactive if it has not been used for a period continues for 6 months.
ARTICLE 8: RESPONSIBILITY AND OBLIGATIONS OF RECRUITERS
8.1. Accuracy of information provided
All Recruiters guarantee the truthfulness and accuracy of the information provided during the recruitment process. creation of his Recruiter Account.
In the event of a subsequent change to any of this information, the Recruiter undertakes to proceed without delay to the modification of the data of his Recruiter Account.
8.2. General commitments
Every Recruiter undertakes:
- not to commit any of the offenses provided for and punishable by the French law of July 29, 1881 on freedom of the press;
-not to make disparaging remarks; - not to infringe the right to privacy or the image rights of third parties;
-not to harass Candidates or any other User of the Site or sites www.moningenieur.express;
- more generally, not to commit any criminal offense provided for and punished by French law;
-to be up to date with its social, administrative and tax obligations;
- to publish on the Site up-to-date and sincere information and in relation to the subject of the Site;
-to have the legal capacity to publish content on the Site.
More specifically, engineering consulting firms undertake to comply with the provisions of the Labor Code and, in particular, those of article L.823 1-1 of the Labor Code relating to the bargaining.
8.3 Use of the Site
The Recruiter undertakes to make fair use of the Site, in particular not to circumvent the Site and its Services.
In addition, all Recruiters are solely responsible for their personal identifier and password and undertakes not to disclose them.
In the event that his Recruiter Account is used by an unauthorized third party, the Recruiter concerned by this unlawful use undertakes to inform Mon Ingénieur Express immediately, who will so its best to take appropriate action.
All Recruiters acknowledge that they are solely responsible for the consequences of the use of their Account Recruiter, whether by himself, by an unauthorized third party or by any person to whom he would have allowed access.
ARTICLE 9: RESPONSIBILITY OF MY EXPRESS ENGINEER
9.1: Access to the Site
Access to the Site requires a broadband internet connection.
My Express Engineer cannot under any circumstances guarantee that the services offered on the Site will not be subject to no interruption, given the technical difficulties inherent in the Internet network.
As a result, its responsibility cannot be engaged, in particular, in the event of a malfunction in accessing the Services, temporary inability to access the Services, and slowdown temporary of the opening speed of the pages of the Site.
Furthermore, Mon Ingénieur Express will never be liable for any malfunction or deterioration of Members' computer equipment, in particular due to its contamination by a virus.
My Express Engineer may be required to carry out maintenance operations on the Site and will endeavor to notify Recruiters 24 hours in advance.
However, it is agreed that the responsibility of Mon Ingénieur Express can never be engaged in the event of temporary suspension of access to the Services for reasons of maintenance of the Site.
9.3: Force Majeure
Mon Ingénieur Express cannot be held liable for any breach of any of its obligations if this breach was caused by an event of a force majeure nature meaning of French case law.
9.4 My Express Engineer: Use by an unauthorized third party of a Recruiter's account In this case, the burden of proof of the company's fault rests with the Recruiter concerned.
9.5: Content of information provided by Candidates
My Express Engineer reserves the right to carry out filtering and moderation of information and content provided by Candidates through the Site. However, My Engineer Express does not guarantee the accuracy of such information and content.
My Express Engineer cannot be held responsible for the inaccuracy or irrelevance data and information provided by Candidates. More specifically, My Engineer Express makes no warranty that it will conduct any training or the experience claimed by the Candidates in their CV and, in general, the content provided by them.
It is assumed that Mon Ingénieur Express only plays an intermediary role. Therefore, My Engineer Express remains totally unaware of any disputes that may arise between Candidates and Recruiters.
9.6. Consequential damages
Mon Ingénieur Express cannot be held liable for consequential damages, incidents or accessories, foreseeable or unforeseeable, caused to the User and in particular, the losses earnings or profit, loss of data or material, including the cost of repairing such losses, resulting from the use of the Site or the Services.
ARTICLE 10: COOKIES
Mon Ingénieur Express reserves the right, in order to facilitate User navigation on the Site, to place cookies (cookies or similar files) on their connection terminals.
A "cookie" is a text file that records information relating to the navigation of the User on the Website (pages consulted, date/time of consultation, etc.), which may be used on subsequent visits. It cannot be used to recover data on the hard disk of the user, install a virus, read the e-mail address of the user or even provide personal information. It does not allow My Express Engineer to identify the user.
The role of cookies is in particular to identify more quickly during connection and to facilitate the communication by electronic means. Cookies also allow to measure the audience of the Site.
My Express Engineer cannot guarantee the optimal functioning of the Site if a user refuses the receipt of cookies.
However, any User may refuse to receive cookies from Mon Ingénieur Express by setting up their web browser.
If you wish to change the cookie settings, please go to the “Options” or “ Preferences” of your browser. For more information, go to the “Help” option of your browser.
Pour Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
Pour Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-Cookies
Pour FireFox : http://support.mozilla.org/fr/kb/cookies-informations-sitesenregistrent?redirectlocale=fr&redirectslug=G%C3%A9rer+les+cookies
Pour Safari : http://support.apple.com/kb/PH11952
Pour Opera : http://help.opera.com/Windows/12.10/fr/notrack.html
Pour Edge : https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
ARTICLE 11 : PROPRIÉTÉ INTELLECTUELLE
Tous les éléments composant le Site (textes, CVthèque, commentaires, marques, dénominations sociales, nom de domaine, dessins, images, charte graphique, logos, photos, base de données…) sont strictement protégés par le droit de la propriété intellectuelle et sont la propriété exclusive de Mon Ingénieur Express et/ou de ses partenaires commerciaux.
Le fait pour un Recruteur de pouvoir utiliser le Site n'emporte aucune cession ni aucune autorisation d'exploiter ou d’utiliser l’un des éléments composant le Site. Toute reproduction ou représentation totale ou partielle du Site et/ou de l’un ou plusieurs de ses éléments est strictement interdite, sauf autorisation écrite préalable de Mon Ingénieur Express et/ou de ses partenaires.
Toute reproduction ou représentation totale ou partielle du Site et/ou de l’un ou plusieurs de ses éléments est strictement interdite, sauf autorisation écrite préalable de Mon Ingénieur Express et/ou de ses partenaires.
ARTICLE 12 : MODIFICATION DES CGVU
Mon Ingénieur Express se réserve le droit de modifier à tout moment, partiellement ou totalement, les présentes CGVU.
Tout Utilisateur est réputé accepter la version en vigueur des CGVU à chaque nouvelle connexion sur le Site.
Les Recruteurs seront informés de la modification des CGVU lors de leur première connexion à leur Compte Recruteur suivant la modification.
In the event that a Recruiter does not accept the modification, he will no longer have access to the Services and will be free to delete his Recruiter Account.
ARTICLE 13: PARTIAL NULLITY
If one or more clauses of these GTCSU are held to be invalid pursuant to a law, regulation or following a court decision that has become final, the other clauses will retain all their force and scope.
ARTICLE 14: REFERENCE
The Recruiter authorizes Mon Ingénieur Express to quote his name on his Site and his documentation commercial, for reference.
ARTICLE 15: CONVENTION OF PROOF
Writing in electronic form will be an admissible mode of proof of the rights and/or obligations of the parties to these GTCSU.
The computerized registers, kept in the computer systems of Mon Ingénieur Express in reasonable security conditions, are considered as proof of communications, orders and payments made between Mon Ingénieur Express and the Recruiters.
ARTICLE 16: INDEPENDENCE OF THE PARTIES
My Express Engineer and the Recruiters declare that they are totally independent of each other, each assuming the risks of its services and obligations.
No provision of these GTCSU can be interpreted in the sense of the existence of a any relationship of subordination between Mon Ingénieur Express and the Recruiters, of a company of fact or in participation or of any mandate.
ARTICLE 17: APPLICABLE LAW
These GTCSU are governed by Tunisian law.
Any dispute arising from the formation, interpretation or execution of these GTCSU will be the exclusive jurisdiction of the Courts of the jurisdiction of Tunis, Tunisia, notwithstanding plurality of defendants or warranty claim.