General Terms of Use

1. Identification of the Company

Yes We Hack (the "Company") is a simplified joint-stock company registered with the Paris Trade and Companies Register under number 814 037 214, having its registered office at 14 rue Charles V, 75004, Paris.

The Company can be contacted as follows:

2. Services offered

The Company allows recruiters (the "Recruiters") to post advertisements for job vacancies in the field of computer security in order to find candidates (the "Candidates") using the Yes We Hack Jobs platform through this URL https://jobs.yeswehack.com (the "Platform").

3. Information about the Terms and Conditions

Function of the Terms and Conditions The Company's terms and conditions (the "Terms and Conditions") constitute the sole document governing its contractual relationship with the Recruiter and define: - The terms of use of its Services, - The respective obligations of the Parties.
Location of the Terms and Conditions The Recruiter can find them by a direct link at the bottom of the Platform page.
Terms of acceptance of the Terms and Conditions The Recruiter accepts the Terms and Conditions by checking a box in the registration form. If it does not accept all of the Company's Terms and Conditions, it cannot access the Services. They may be supplemented by special terms and conditions, which, in case of contradiction, take precedence over the Terms and Conditions.

As an exception to the foregoing, we reserve the right to make any offer to you that may be the subject of a quotation (the "Quotation").

The Quotation will be drawn up based on your needs and you must accept it in writing (including by email) within thirty (30) days of its issue. This acceptance constitutes acceptance of the Terms and Conditions in their version in force on the date of the Quotation.

In case of contradiction, the Quotation shall prevail over the Terms and Conditions. In case of contradiction, the most recent Quotation shall prevail over the oldest one(s).

4. Terms of access to the Services

(i) The Recruiter is a natural person with full legal capacity, or a legal entity acting through a natural person with the necessary power or authority to enter into a contract in the name of and on behalf of the Recruiter.

(ii) The Recruiter shall have the status of professional, which is understood as any natural person or legal entity acting for purposes falling within the scope of his/her/its commercial, industrial, craft, liberal or agricultural business, including when acting in the name or on behalf of another professional.

5. Terms of subscription for the Services

The Recruiter must complete the form provided for this purpose on the Platform and provide the Company with all information marked as mandatory.

Registration automatically results in the opening of an account in the name of the Recruiter (the "Account") which allows it to access the Services using its login details and password.

To learn more about the processing of your data when subscribing to the services you can consult our data protection policy.

6. Terms for accessing the Services

The Recruiter may access the Services directly on the Platform.

Depending on the number of advertisements desired, you will need to purchase a pack (the "Pack") allowing you to post job advertisements (the "Advertisements"), the number of which will vary depending on the offer subscribed to, as described on the Platform (see "Our Offers & Prices").

7. Description of the Services

7.1. Services

The Recruiter acknowledges:

  • that it has familiarised itself with the characteristics and constraints, particularly those of a technical nature, of the Company's Services; and
  • that the implementation of the Services requires an Internet connection and that the quality of the Services depends on this connection, for which the Company is not responsible.

The Services to which the Recruiter may subscribe are described on the Platform.

The Company reserves the right to offer any other Service, including any offer to subscribe to one of our Services through a Quotation.

Any request for modification of the subscribed Services shall be the subject of an additional Quotation or a new subscription.

7.2. Additional services

Maintenance

The Recruiter shall benefit from maintenance for the duration of the Services, particularly corrective and scalable maintenance. In this context, access to the Platform may be limited or suspended.

Access to the Platform may also be limited or suspended due to planned maintenance.

Hosting:

The Company provides, under the terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.

Technical assistance:

In the event of difficulties encountered in using the Services, the Recruiter may contact the Company using the contact details mentioned in the article entitled "Identification of the Company".

8. Duration of subscription to the Services

The Recruiter subscribes to the Services for an indefinite period.

9. Financial conditions of the Company

9.1. Prices of the Services

The prices of the Services to which the Recruiter has subscribed are indicated on the Platform or in a Quotation (see "Our Offers & Prices" on the Platform).

The Company is free to offer promotional offers or price reductions.

The Company's prices may be revised at any time under the conditions of the article entitled "Terms of Modification to the Terms and Conditions".

9.2. Terms of invoicing and payment of the Company

Unless otherwise stated in any Quotation, the Company shall send an invoice for each purchase of Packs by any appropriate means.

Payment is made by bank transfer to the recipient according to the details indicated on the invoices by the Company.

The Recruiter represents and warrants to the Company that it has the necessary authorisations to use this method of payment.

No refund will be made on the Packs acquired by the Recruiter.

9.3. Consequences in the event of late payment or non-payment

In the event of non-payment or late payment, the Company reserves the right, as from the day after the due date indicated on the invoice, to:

  • declare due and immediately payable all the sums owed to it by the Recruiter;
  • immediately suspend the Services in progress until full payment of the sums due; and
  • charge late payment interest equal to 3 times the legal interest rate, based on the amount of sums not paid on the due date and a flat-rate indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed that amount.

10. The Recruiter's Right of Withdrawal

The Recruiter is entitled to a right of withdrawal if it (i) is a professional with 5 employees or less, (ii) purchases goods or services that do not fall within the scope of its main business (i.e. does not directly or indirectly affect the Services); and (iii) the agreement is entered into ʻoff-premisesʼ, namely:

  • in a place other than the premises of the Company, where this latter and the Recruiter were physically and simultaneously present;
  • at the Recruiter's premises or by means of a remote communication technique, immediately after the Company has personally and individually solicited the Recruiter (i) in a location different from that of the Company's premises; and (ii) where the Company and the Recruiter were physically and simultaneously present.

This right of withdrawal expires 14 calendar days from acceptance of the Terms and Conditions. The Recruiter may, before the deadline, exercise this right free of charge by sending to the Company, as set out in the contact details mentioned in the article entitled "Identification of the Company": - the completed withdrawal by email to the following address: contact@yeswehack.com,

  • or any other unambiguous statement expressing the Recruiter's desire to withdraw.

The email must contain the following information:

For the attention of: Yes We Hack

Address: 14 rue Charles V, 75004, Paris.

I hereby notify you of my withdrawal from the agreement relating to the services: [to be completed]

Registration on the Platform on [to be completed]

Recruiter's Name: [to be completed]

Recruiter's Address: [to be completed]

Date: [to be completed]

If the Recruiter exercises its right of withdrawal, the Company shall reimburse all payments received, using the same means of payment that the Recruiter used, without undue delay and no later than 14 calendar days from the day on which the Company was informed of the Recruiter's desire to withdraw.

If the Recruiter requests that the Services begin before the expiry of the withdrawal period by ticking the box for this purpose in the form, it shall only be liable for the price of the Services calculated on a pro rata basis provided up to the day on which the Company was informed of the Recruiter's desire to withdraw.

11. Intellectual property rights

11.1. Intellectual property rights on the Platform

The Platform is the property of the Company, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it uses. They are protected by all intellectual property rights or rights of database producers in force. The licence granted by the Company to the Recruiter shall not result in any transfer of ownership.

The Recruiter has a non-exclusive, personal, non-transferable SaaS licence to use the Platform for the duration provided for in the article entitled "Duration of subscription to the Services".

The Parties may use their respective names, trademarks and logos and refer to their respective platforms, as commercial references, for the duration of their contractual relationship.

12. Obligations and liability of the Recruiter

12.1. Concerning the provision of information

The Recruiter undertakes to provide the Company with all information necessary for the subscription and use of the Services.

12.2. With respect to the Recruiter's Account

The Recruiter:

  • represents and warrants that the information provided in the form is accurate and undertakes to update it;
  • acknowledges that this information is proof of its identity and commits as soon as it is validated; and
  • is responsible for maintaining the confidentiality and security of its login details and password. Any access to the Platform using the latter shall be deemed to have been made by it.

The Recruiter must immediately contact the Company using the contact details mentioned in the article entitled "Identification of the Company", if it finds that its Account has been used without its knowledge. It acknowledges that the Company shall have the right to take all appropriate measures in such a case.

12.3. With respect to the use of the Services

The Recruiter is responsible for its use of the Services and any information it shares while doing so. It undertakes to use the Services personally and not to allow any third party to use them in its place or on its behalf.

The Recruiter agrees not to misuse the Services for purposes other than those for which they were designed, including:

  • engaging in an illegal or fraudulent activity;
  • undermining public order and morality;
  • harming third parties or their rights, in any way whatsoever;
  • violating any contractual, legislative or regulatory provision;
  • carrying out any activity likely to interfere with a third party's computer system, in particular for the purpose of violating the integrity or security thereof;
  • carrying out operations aimed at promoting its services and/or websites or those of a third party; or
  • assisting or inciting a third party to commit one or more of the acts or activities listed above.

The Recruiter shall also refrain from:

  • copying, modifying or misusing any item belonging to the Company or any concept it operates in connection with the Services;
  • behaving in any way likely to interfere with or misuse the Company's computer systems or undermine its IT security measures;
  • harming the Company's financial, commercial or moral rights and interests; and from
  • marketing, transferring or granting access in any way whatsoever to the Services, to the information hosted on the Platform or to any item belonging to the Company.

The Recruiter is responsible for the Content of any kind it distributes in connection with the Services.

The Recruiter agrees that the Content published on the Platform will be made public by default and may be seen by other users of the Platform.

The Recruiter shall refrain from distributing any Content (this list is not exhaustive):

  • undermining public order and morality (pornographic, obscene, indecent, shocking or unsuitable for family audiences, defamatory, abusive, violent, racist, xenophobic or revisionist);
  • infringing the rights of third parties (infringing content, infringement of personality rights, etc.) and more generally violating any contractual, legislative or regulatory provision;
  • harming third parties in any way whatsoever;
  • that is false, misleading or offering or promoting illegal, fraudulent or misleading activities;
  • harming third party computer systems.

The Recruiter is responsible for the relationships that it may establish with other users of the Platform. It undertakes to act with discernment and respect the usual rules of politeness and courtesy in its dealings with other users.

The Recruiter shall hold the Company harmless against any claim and/or action that may be brought against the Company as a result of the breach of any of the Recruiter's obligations. The Recruiter shall indemnify the Company for the damage suffered and shall reimburse it for any sums it may have to bear as a result.

13. Obligations and liability of the Company

The Company undertakes to provide the Services diligently, it being specified that it is bound by an obligation of means.

13.1. Regarding the quality of the Company's Services

The Company shall make every effort to provide the Recruiter with quality Services. To this end, it regularly checks to verify the operation and accessibility of its Services and can thus carry out planned maintenance under the conditions specified in the "Maintenance" section.

The Company is nevertheless not responsible for any temporary difficulties or impossibility of access to its Services that arise as a result of:

  • circumstances outside its network (including the partial or total failure of the Recruiter's servers);
  • failure of any equipment, cabling, services or networks not included in its Services or that is not under its responsibility;
  • the interruption of Services due to telecom operators or internet service providers;
  • the Recruiter's action, in particular via an incorrect configuration applied to the Services; or
  • a force majeure event.

The Company is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

Furthermore, it does not guarantee that the Services:

  • subject to constant research to improve performance and progress in particular, will be totally free from errors, defects or faults;
  • being standard and in no way offered according to the Recruiter's personal constraints, will specifically meet its needs and expectations.

13.2. Concerning the Platform's service level guarantee

The Company shall make every effort to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of maintenance or force majeure.

13.3. Concerning the backup of data on the Platform

The Company shall make every effort to backup all data produced and/or entered by/on the Platform.

Except in the event of proven fault on the part of the Company, it is nevertheless not liable for any loss of data during maintenance operations.

13.4. Regarding data storage and security

The Company provides sufficient storage capacity for the operation of the Services.

The Company shall make every effort to ensure data security by implementing measures to protect infrastructure and the Platform, detect and prevent malicious acts and recover data.

13.5. Regarding the relationship between users

The Company acts as broker in the relationship between the Recruiter and the Candidates.

The Company cannot therefore be held liable in the context of these relations with the Candidates, or be a party to any potential disputes whatsoever.

13.6. Regarding the use of subcontracting and the assignment

The Company may use subcontractors in the context of the performance of the Services, which are subject to the same obligations as its own in the context of their intervention. It shall nevertheless remain solely responsible for the proper performance of the Services with regard to the Recruiter.

The Company may replace any person who will be subrogated in all their rights and obligations under their contractual relationship with the Recruiter. If applicable, the Company will inform you of this replacement by any written means.

14. Limitation of liability of the Company

The Company's liability is strictly limited to direct actual damage caused by the Company that the Recruiter suffers as a result of the use of the Services.

With the exception of personal injury, death and gross negligence, and subject to having issued a claim by registered letter with acknowledgement of receipt, within one month of the occurrence of the damage, the

liability of the Company cannot be incurred for an amount greater than the amounts it has received in the context of the provision of its Services.

15. Types of evidence accepted

Proof may be established by any means.

The Recruiter is informed that the messages exchanged via the Platform, as well as the data collected on the Platform and the Company's IT equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

16. Limitation period

Any action for liability against YESWEHACK shall be time-barred one (1) year after the occurrence of the harmful event.

17. Methods of processing personal data

The Company acts as the data controller for the personal data of the Resellers and undertakes in this capacity to comply with the regulations applicable to the protection of personal data, and in particular with the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).

To learn more about the management of its personal data and its rights, the Reseller may refer to the Privacy Policy.

18. The Company's respective obligations in terms of confidentiality

Unless otherwise agreed in writing by the other party, the Parties respectively undertake to keep confidential, for the duration of their contractual relationship and 1 year thereafter, all information expressly identified as being confidential, of which the Company becomes aware during the conclusion and performance of its contractual relationship with the Recruiter.

This obligation does not extend to information:

  • of which the receiving party was already aware;
  • already public at the time of its disclosure or which becomes public without breach of this clause;
  • which is lawfully received from a third party; or to
  • the disclosure of which is required by the judicial authorities, pursuant to the laws and regulations or with a view to establishing the rights of a party in the context of the contractual relationship between the parties.

Confidential information may be transmitted to the respective employees, staff, trainees, agents and co-contractors of the parties, provided that they are subject to the same obligation of confidentiality.

19. Force majeure

The parties shall not be held liable for failures or delays in the performance of their contractual obligations due to a force majeure event occurring during the term of their relationship. Force majeure covers:

  • any case meeting the conditions of Article 1218 of the French Civil Code and recognised by case law;
  • strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or fault attributable to a third party telecommunications service provider.

If one of the parties is prevented from performing its obligations due to a force majeure event, it must inform the other party by registered letter with acknowledgement of receipt. The obligations shall be suspended upon receipt of the letter, and shall be resumed within a reasonable period of time upon the cessation of the force majeure event.

The prevented party shall nevertheless remain liable for the performance of the obligations that are not affected by the force majeure event and for any payment obligation.

20. End of the Services

The Recruiter may request the closure of its Account.

The termination shall be effective immediately.

The Recruiter no longer has access to its account as of the end of the Services.

21. Sanctions in the event of non-compliance

The payment of the price for the Services and the obligations set out in the article entitled "Obligations and liability of the Recruiter" are essential obligations.

In the event of a breach of these obligations, the Company may:

  • suspend or remove the Recruiter's access to the Services;
  • remove any Content related to the breach; or
  • publish on the Platform any information message that the Company deems useful;,
  • send the Recruiter an email with acknowledgement of receipt to:
    • terminate the contractual relationship between it and the Company, with the termination taking effect on the date of receipt or first presentation of this letter; or
    • ask the Recruiter to remedy the breach within a maximum period of 15 calendar days. The termination shall take effect at the end of this period if the breach is not remedied. The termination shall result in the deletion of the Recruiter's Account;
  • notify any competent authority, cooperate with it and provide it with any information relevant to the investigation and suppression of illegal or illicit activities;
  • take any legal action.

These sanctions are without prejudice to any damages that the Company may claim from the Recruiter.

22. Terms of modification of the Terms and Conditions

The Company may amend its Terms and Conditions at any time.

The modified Terms and Conditions are applicable upon acceptance by the Recruiter.

If the Recruiter does not accept these changes, it must request the closure of its Account in accordance with the terms set out in the article entitled, "End of the Services".

If the Recruiter uses the Services after the effective date of its modified Terms and Conditions, the Company shall consider that the Recruiter has accepted them.

23. Language

The French language version shall prevail in the event of contradiction or dispute over the meaning of a term or provision.

24. Governing law and jurisdiction

The Terms and Conditions are governed by French law.

In the event of a dispute between the Recruiter and the Company, and failing an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris, France, unless there are mandatory provisions to the contrary.