Last updated on February 7, 2023.
Definitions
Thefollowing definitions are applicable to the entire TOS: "
GTC ": means these general terms and conditions of access and use of the Solution.
" Client ": means a company that benefits from services provided by Collective.
" Collective "means a temporary grouping of Members who combine their skills in order to provide Services.
" Collective Collective": refers to the simplified joint stock company Collective registered in the Paris Trade and Companies Register under number 892 760 539.
" Account "means the Member's dedicated and individualized digital space that allows access to the Solution.
" Services "means the services provided by Members.
Solution "means the online project management solution made available by Collective to the Member and accessible at the following address: www.collective.work.
" Member "Member" means a Professional with an Account.
Parties "Unless the context otherwise requires, definitions in the singular include the plural and vice versa.
Purpose of the T&C
The purpose of the T&C is (i) to govern the terms of access and use of the Solution, (ii) to detail the terms of the user licence granted by Collective to Members and (iii) the rights and obligations of the Parties in this context.
The Services are not governed by the T&C but by a contract for the provision of services as required by the order forms for Services agreed between each Member and Collective.
Registration and acceptance process of the T&C
Registration
Any person willing to use the Solution must first be authorised by Collective and shall only be authorised to use the Solution in two ways: (i) after having created a Freelancer Collective or (ii) after having been invited by another Member by email.
Each Member undertakes to provide all the mandatory information required during the registration process and warrants that the information provided is accurate and is not ambiguous. Should the information contained in the Account change, the Member undertakes to immediately update it.
Acceptance of the T&C
During the registration process, the Member undertakes to read the T&C when he/she materializes his/her consent to the T&C by checking the corresponding box appearing in the Solution as part of the registration process.
Account creation
The registration request leads to the creation of an Account. However, the Member will not be able to fully use the Solution until the registration request has been validated by Collective.
In particular, the Member is invited to provide the elements to certify that he/she has a legal status enabling the regular provision of services. These documents shall be regularly requested, and the Member undertakes to provide them without delay, failing which the T&C shall be automatically terminated without prior notice or compensation.
Evolution of services and modification of T&C
To improve their operation and quality, and due to the constant evolution of the digital industry, Collective regularly develops and upgrades the features and functionality of the Solution. In particular, Collective may add, remove or replace certain features at any time and the Solution is regularly updated automatically.
Members will be informed by publication on the website of the modifications within three (3) days before the entry into force of the new version of the T&C.
During this period, any Member may terminate the T&C by any means (e.g. by sending an email expressing his or her will to no longer use the Solution), provided that each Member completes the Services in progress or fulfil those for which he or she has agreed.
Access, use and security
Access to and use of the Solution is exclusively restricted to Members formerly authorised by Collective. Each Member is responsible for accessing and using the Solution and must make strictly personal use of it within the framework of the T&C and the provision of the Services.
Except in the event of a technical failure attributable to Collective or in the event of force majeure, each Member is responsible for the confidentiality and security of its login information as well as the data recorded in the Solution.
Members are strongly advised to change their password at regular intervals and to use a secure password, avoiding easily identifiable combinations. Collective may impose an expiry date on Members' passwords, after which they will be required to change their passwords.
If the Member has reason to believe that his or her login information has been lost, stolen, misappropriated, or compromised in any way, or in the event of unauthorized use of the Solution, the Member must immediately notify Collective by e-mail at operations@collective.work. Without such notification, any use of the Solution shall be deemed to have been made by the Member.
In such a situation and/or when faced with a potential or proven threat to the security or confidentiality of the Solution's data, the Member authorises Collective to take all appropriate measures to prevent unauthorised access (e.g., resetting the password and user ID or suspending access to the Solution).
Features of the solution
The Solution allows Members to: create a digitised temporary grouping with other Members in order to provide Services;
benefit from business opportunities to provide services in their field of expertise;
generate joint business proposals for the Clients;
enable commercial contracts to be concluded digitally; and
benefit from a tool that facilitates project management (e.g. keeping Clients informed of the progress of the Service, validating the Project stages, facilitating payments and invoicing);
For France-based companies, benefit from a "Professional Civil Liability" type of insurance covering the Members for the duration of the mission.
To find out more about the AXA insurance offer negotiated especially for you, we invite you to consult the Insurance Notice (in French) or to contact our partner Assurup.
Telephone: 01.82.28.51.50
Mail: gestion@assurup.com
Payment system
Payment of the Services by the Customer may be made by payment via an electronic money account (escrow account) by bank transfer or credit card.
For the purpose of implementing the payment system, the Company has subscribed to the services of the company Mangopay S.A., a company licensed as an electronic money institution, registered in the Luxembourg RCS under No. B173459, whose registered office is located at 2 Avenue Amélie, 1125 Luxembourg (hereinafter "Mangopay").
Members contract directly with Mangopay regarding the provision payment system, and declare that they accept Mangopay's general terms and conditions.
Collective's Commitments
Provision and availability of the Solution
Collective agrees to make the Solution available to Members and to use its best efforts to ensure its accessibility and proper functioning.
In this respect, Collective undertakes to ensure that the Solution is accessible 24 hours a day, 7 days a week, except in cases of force majeure or unforeseeable and insurmountable behaviour by a third party, and subject to any breakdowns and maintenance and updating operations necessary for the proper functioning of the Solution.
Due to the specificities of the Internet and telecommunication networks, Collective cannot guarantee a permanent availability of the Solution. In the event of a malfunction or an anomaly disrupting the proper functioning of the Solution, Collective undertakes to make its best efforts to restore the situation.
Maintenance
Collective is committed to ensuring regular maintenance of the Solution. Thus, access to the Solution may be temporarily interrupted for reasons of necessity related to the operation of the Solution and to maintenance operations.
In this case, Collective will make its best efforts to inform the Member as soon as possible, by any means, in particular by means of a notification in the Solution or by e-mail.
License to use the Solution
The Member acknowledges that the Solution is protected under the relevant provisions of the French Intellectual Property Code and that Collective is the author of the Solution and retains full ownership of all intellectual property rights in the Solution.
Collective grants the Member a license to use the Solution, the terms of which are detailed in the Appendix.
Commitments of the members
Each Member undertakes and guarantees that he/she; respects the laws and regulations in force in the country in which he/she is established and not to infringe public order, good morals or the rights of third parties, and not to violate any legislative or regulatory provision;complies with the terms of the GCU; holds a legal and tax status that allows the regular provision of services (for example, a regularly registered company or a self-employed status, and to have such a status as long as he/she uses the Solution);uses the Solution in accordance with its purpose and object, and makes fair use of it with respect to Collective; uses his/her Account for his/her own use and does not share his/her login details with other natural or legal persons, whether related to the Member or the Collective or not; refrains from creating false accounts or using the Solution under a false identity or by providing inaccurate identification information; implements all measures to ensure the security and confidentiality of login data; informs Collective in case of any complication. Each Member agrees to maintain these commitments for the duration of the TOU.Each Member understands and agrees that the following is strictly prohibited (i) any behavior that interrupts, suspends, slows down or prevents the continuity of the Solution, (ii) the publication of illegal content (for example, pornographic content or content that violates an intellectual property right), (iii) any intrusion or attempted intrusion into Collective's computer systems, (iv) any action that imposes a disproportionate load on Collective's digital infrastructure, (v) any breach of security or authentication measures, (vi) any act which may adversely affect Collective's financial, commercial or moral rights and interests, (vii) any copying and/or misappropriation of the Solution and/or Collective's digital infrastructure, and (viii) generally any practice which misuses the Solution for purposes other than those for which it was designed.
Member Responsibility
Each Member is both (i) solely responsible for its own use of the Solution and (ii) jointly and severally responsible for the Use of the Solution by each member of the Collective.
Each Member is therefore liable for any damage he or she may cause to Collective as a result of his or her own actions, but also as a result of the actions of one or more members of the Collective.
Duration, Suspension and Termination Duration
The TOU are concluded for an indefinite period of time and remain in effect as long as the Member accesses or uses the Solution.
Suspension of Access to the Solution
Any breach of the TOS by a Member or suspension of the Master Service Agreement between the Member and Collective may result in the suspension by Collective of the Member's Account or access to the Solution immediately, without prior notice or information.
In particular, Collective may, depending on the situation and at its own discretion: limit the use of or access to certain features, particularly in the event of excessive or abnormal use of the Solution; suspend one (or more) Account(s) in the event of fraudulent or suspicious behavior on the part of one or more Members or in the event of a security breach.
Any suspension, blocking or limitation shall be without prejudice to Members' liability under the TOU.
Termination
Each Party is free to terminate the TOU at any time and without having to justify any reason by sending a letter or email with acknowledgement of receipt, with a notice period that varies according to the duration of the contractual relationship equal to one (1) month during the first year of the TOU, two (2) months during the second year of the TOU and so on.
In the event of a serious breach by one Party of its obligations, the other Party may terminate the TOS without notice by email or registered letter with acknowledgment of receipt detailing the breach by the other Party.
The termination will be effective after a period of 3 days from the first presentation of the registered letter or e-mail. The TOS will be automatically terminated, without notice or compensation, if the master service agreement between the Member and Collective is terminated.
Effects of termination
In all cases of termination and unless otherwise agreed, the Member undertakes to perform in full the current commitments entered into in the context of the execution of the Services, including any contractual agreement whose performance deadlines expire after the date of termination.
Personal Data
Collective acts as the controller of Members' personal data. The Member's personal data is processed for the following purposes: (i) creation of the Account, (ii) access and use of the Solution and (iii) processing of support requests made by the Member.
The regulations relating to personal data give the Member rights, in particular to access, obtain rectification and erasure of personal data concerning him/her. To exercise these rights, the Member may contact Collective at the following address: operations@collective.work
Purpose of the t&c
The purpose of the T&C is (i) to govern the terms of access and use of the Solution, (ii) to detail the terms of the user licence granted by Collective to Members and (iii) the rights and obligations of the Parties in this context.
The Services are not governed by the T&C but by a contract for the provision of services as required by the order forms for Services agreed between each Member and Collective.
Registration and acceptance process of the t&c
RegistrationAny person willing to use the Solution must first be authorised by Collective and shall only be authorised to use the Solution in two ways: (i) after having created a Freelancer Collective or (ii) after having been invited by another Member by email.
Each Member undertakes to provide all the mandatory information required during the registration process and warrants that the information provided is accurate and is not ambiguous. Should the information contained in the Account change, the Member undertakes to immediately update it.
Acceptance of the T&C
During the registration process, the Member undertakes to read the T&C when he/she materializes his/her consent to the T&C by checking the corresponding box appearing in the Solution as part of the registration process.
Account creation
The registration request leads to the creation of an Account. However, the Member will not be able to fully use the Solution until the registration request has been validated by Collective.
In particular, the Member is invited to provide the elements to certify that he/she has a legal status enabling the regular provision of services. These documents shall be regularly requested, and the Member undertakes to provide them without delay, failing which the T&C shall be automatically terminated without prior notice or compensation.
Evolution of services and modification of t&c
To improve their operation and quality, and due to the constant evolution of the digital industry, Collective regularly develops and upgrades the features and functionality of the Solution. In particular, Collective may add, remove or replace certain features at any time and the Solution is regularly updated automatically.
Members will be informed by publication on the website of the modifications within three (3) days before the entry into force of the new version of the T&C.
During this period, any Member may terminate the T&C by any means (e.g. by sending an email expressing his or her will to no longer use the Solution), provided that each Member completes the Services in progress or fulfil those for which he or she has agreed.
APPENDIX: LICENSE TO USE THE SOLUTION
Purpose
This appendix defines the terms and conditions under which Collective grants the Member, who accepts it, a license to use the Solution.
Scope of the license
Collective grants a personal, non-exclusive, non-assignable and non-transferable right to use the Solution. This license is granted for the entire duration of the TOU and for the entire world.
Destination and licensed rights
The license is granted for the sole use of the Solution by the Member, for the sole needs and interests of the Member or a Collective and for the sole purpose of facilitating the performance of Services. All rights not expressly granted by the TOU remain the property of Collective, are not part of the licensed rights and are for its exclusive use.
Restrictions
Except with the prior written authorization of Collective, Member shall not, and shall not authorize any third party to: allow any third party not expressly and previously authorized to access or use the Solution, whether for a fee, not for a fee, or free of charge; translate, modify, adapt, copy or reproduce the Solution, or any element, function or graphic of the Solution and/or merge all or part of the Solution into other computer programs; sublicense, loan, lease, distribute, market, transfer sell, resell or otherwise transfer the Solution; develop a product or service that competes with the Solution; develop any functionality of the Solution; reverse engineer, decompile, disassemble or circumvent any of the mechanisms of the Solution, or seek to reconstruct or discover the source code of the Solution; create a derivative work from the Solution; compile, collect, assemble or package information relating to the Solution in order to exploit it commercially, or to create a product or service that is similar, identical or competitive to the Solution.