Terms of sale

01Who do these terms apply to?

These terms of sale govern the Timstrok subscriptions sold by the publisher, Simon Kortsmit, to professionals. They form the basis of commercial negotiation within the meaning of Article L441-1 of the French Commercial Code and are provided to any professional who requests them.

Subscriptions are reserved for companies, associations, public bodies and other persons acting for professional purposes (the “customer”); they are not offered to consumers. The rules of the French Consumer Code that protect consumers, in particular the right of withdrawal and consumer mediation, therefore do not apply. The person placing the order declares that they have the power to bind the customer.

The terms of use govern the use of the platform and also apply to the customer’s members. In case of conflict, the following prevail in this order: the signed special conditions, the accepted order, then these terms of sale. No purchasing conditions of the customer apply without our written agreement.

02Closed test

During the closed test, no subscription is sold. Orders, payments and company verifications are fictitious during it: they create no contract and give rise to no payment and no invoice.

These terms of sale will apply to orders placed from the commercial opening, that is the date, published on the website, on which paid subscriptions are offered for the first time, with the entity then identified in the legal notice.

03Your subscription

The subscription covers a number of member accounts and an active recruitment capacity. Each account purchased includes one capacity; capacities are pooled within the company and additional capacities can be purchased without an account.

A vacant account or a suspended member does not reduce the subscription. Closing an offer frees a capacity without terminating a purchased extension.

The catalogue and the order summary specify the prices, the monthly or yearly cycle and the applicable benefits. The subscription guarantees neither a volume of applications nor a hire.

04Order, prices and payment

Before confirming, you check the quantities, amount, taxes, cycle, discounts and effective date, and you can correct your order. The contract is concluded when you accept these terms of sale and confirm the payment; the order is then confirmed without delay. The accepted version, its date and the confirmation are kept and can be viewed in the Subscription area (Articles 1127-1 and 1127-2 of the French Civil Code).

Prices are expressed in euros excluding tax; taxes and the total due appear in the summary. Their treatment depends on the country and the status of the customer; an accurate and valid intra-community VAT number is required to apply the reverse charge.

The subscription is payable in advance for the chosen period, by the means offered when ordering. New paid capacities open when the payment is confirmed or when they are fully covered by an available credit. No discount is granted for early payment.

05Duration and renewal

The subscription is concluded for the chosen monthly or yearly period and renews automatically for a period of the same length, unless terminated before the renewal date. The dates appear in the Subscription area and in the order confirmation.

The accepted price applies until the end of the current period. Any price change is announced at least 30 days before the renewal concerned, which allows you to refuse it by terminating. Commercial benefits already acquired are preserved according to their conditions of award.

06Changing quantities or the cycle

An increase is subject to a summary and explicit confirmation, with the pro rata amount applicable to the remaining period. A reduction or a change of cycle takes effect at the next renewal.

A reduction cannot go below the number of accounts used or reserved, nor below the capacity consumed: first free up the resources concerned. No member is chosen arbitrarily to allow a reduction.

07Discounts and loyalty credit

The eligibility conditions, dates and stacking rules are those of the offer presented and accepted. Percentage discounts are calculated successively, without adding their rates together. Only one promotional code can be active at a time.

When the Founders campaign is open, a registered company that makes its first eligible payment outside a trial within six calendar months of the commercial opening receives 20% off accounts and additional capacities. The benefit remains attached to the same verified legal entity, including after leaving and returning, according to the version granted. Eligibility displayed before payment is not enough to grant it.

The catalogue’s annual discount applies after the Founders benefit, then compatible promotions and finally the loyalty credit.

After twelve eligible monthly periods, even non-consecutive, the loyalty credit equals the net eligible total excluding tax of those periods divided by twelve. It can be used from the following period, can be carried forward after a pause and is not refundable in cash. A refund may lead to a correction of the corresponding credit.

08Late payment

A failed payment triggers reminders. Without settlement, the features concerned are suspended after 14 days and the subscription is terminated after 30 days of confirmed failure. The access needed to settle the payment remains open.

In accordance with Articles L441-10 and D441-5 of the French Commercial Code, late payment penalties accrue from the day after the due date, without reminder, at the European Central Bank refinancing rate plus 10 percentage points, together with a fixed indemnity of 40 euros for collection costs per late invoice. An additional indemnity may be claimed, on supporting documents, when the actual costs exceed this amount.

09Termination and end of the subscription

You can terminate from the Subscription area. Termination takes effect at the end of the current period and can be cancelled before that date; it does not, by itself, lead to a refund of the period already started. Refunds due by law remain payable.

Termination for breach. Either party may terminate the subscription if the other commits a serious breach that it has not remedied 30 days after a formal written notice (Articles 1224 et seq. of the French Civil Code). In case of a serious breach by the customer of the rules on non-discrimination, use of candidates’ data or security, we may immediately suspend the access concerned. If termination results from our breach, the price of the unused period is refunded.

On the end date, offers are hidden and active recruitment stops. Members who are not administrators lose access to the company space. Administrators can view it read-only for 90 days, then keep access to the subscription, invoices, support and exports.

The recruitment conversations concerned no longer accept new messages; candidates keep access to their history. Accounts of candidates and of other companies are not affected. Subscribing again does not lift a separate restriction linked to security or a verification.

10Reversibility and switching provider

You can retrieve the data of your space at any time through the exports offered in the company space. On written request to support, we also provide you, within 30 days, with a copy of the other data of the space that you have provided or generated, in a structured, commonly used and machine-readable format, so that you can take it back or transfer it to another provider (Regulation (EU) 2023/2854 on data).

This service is free of charge. It remains available after the end of the subscription, for as long as the data of the space is kept.

11Personal data and data processing agreement (Article 28 GDPR)

We are the controller of the processing needed to run the platform, described in the privacy policy. The customer is the controller of the processing it carries out for its own recruitment: internal notes, selection stages, exports, attachments of its exchanges and decisions. For this data, we act as processor, under the following conditions:

• Subject matter and duration: hosting and making this data available during the subscription, then for as long as the space exists. Data subjects: candidates and members of the space. Data: shared profile, messages, attachments, appointments, notes, selection stages and members’ actions.
• Instructions: we process this data only on the documented instructions of the customer, given through the use of the service and its settings, and we alert the customer if an instruction appears to us to infringe data protection law.
• Confidentiality and security: authorised persons are bound by confidentiality; the measures applied include encryption of exchanges, role-based access control, strong authentication of administrators and logging of sensitive actions.
• Sub-processors: those listed in the privacy policy, established in the European Union, except for the Google or Microsoft calendars that a member chooses to connect. Any addition or replacement is announced at least 30 days in advance; the customer may object by terminating.
• Assistance: we help the customer answer requests to exercise rights, ensure security and carry out an impact assessment. We notify the customer of any personal data breach concerning it within 48 hours of becoming aware of it.
• End of the contract: after the end of the subscription, the data of the space remains stored and exportable for as long as the space exists. An administrator may ask support at any time to close the space: within one month, we remove the access of all its members, erase its public presentation and its media and close its offers, then confirm this in writing. Invoices and accounting records are kept for the statutory period of ten years; exchanges already held with candidates remain visible to them. Backup copies disappear within the following 30 days.
• Audit: we make available the information needed to demonstrate compliance with these obligations; an audit may be organised once a year, with 30 days’ notice, at the customer’s expense and under a confidentiality undertaking.

Each party informs data subjects about its own processing and answers the requests that concern it; a request received by the wrong party is forwarded to the other without delay.

12Liability and force majeure

We provide the service with diligence, under an obligation of means (best efforts). The customer remains solely responsible for the access it grants, the content of its offers, its use of candidates’ data and its hiring decisions; it indemnifies us against any third-party claim resulting from a breach of these obligations.

Each party’s liability is limited to direct and foreseeable damage. Our liability, for all causes combined, is capped at the amount excluding tax paid by the customer during the twelve months preceding the event giving rise to it. This cap does not apply in case of gross negligence or wilful misconduct, or to personal injury.

Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate the subscription in writing; the price of the unused period is then refunded.

13Language, governing law and disputes

These terms of sale exist in French, English, German and Dutch; the French version prevails. They are governed by French law.

In case of a dispute, the parties seek an amicable solution for 30 days from the written complaint sent to support. Failing agreement, the dispute is brought before the competent court under the ordinary rules. Where both parties are traders (commerçants), exclusive jurisdiction is given to the Commercial Court of Niort, including where there are several defendants or third-party claims.