Terms of Sales for uTalentd
Last Updated: December 2024
Welcome to uTalentd, an online platform designed to connect freelancers (Talents) with companies in need of specialized skills and services. The platform facilitates dynamic interactions and collaboration opportunities, enhancing business processes and creative engagements. The following Terms of Sales (these "Terms of Sales") govern your access to and use of the uTalentd website and mobile application, including any content, functionality, and services offered on or through www.utalentd.com or the uTalentd mobile application (the "Site").
uTalentd is operated by OG-ZONE Solvnsys, officially registered as OG-ZONE SAS. Here are our details:
OG-ZONE SAS is referred to in these Terms of Sales as "OG-ZONE", "we", "us", and "our". "You" and "your" refer to you, as a user of the Site.
These Terms of Sales are intended to provide you with a clear understanding of the rules and guidelines for using our platform. They outline your legal rights and obligations, detail the nature of the services provided, and describe how interactions on the platform should be conducted. By accepting these terms, you enter into a binding contract with OG-ZONE SAS. If you disagree with any part of the terms, you are advised not to use the uTalentd platform.
By registering an account, accessing, or using the uTalentd platform in any manner, you acknowledge that you have read, understood, and agreed to be bound by these terms. If you are accessing or using the uTalentd platform on behalf of an organization, you represent that you have the authority to bind that organization to these terms, and in such circumstances, "you" and "your" will refer to that organization.
We reserve the right to update or modify these terms at any time. Such changes will be posted on our platform and, for significant modifications, communicated directly to you through appropriate channels. Your continued use of the platform after any such changes constitutes your acceptance of the new terms.
These Terms of Sales are established under the laws of France and will be subject to the exclusive jurisdiction of French courts. Any disputes arising under these terms will be handled within the jurisdiction of France, and by using the uTalentd platform, you consent to this jurisdiction and venue.
We encourage you to read these Terms of Sales carefully as they form the legal agreement under which you are allowed to use the uTalentd platform. Your continued use of the platform signifies your agreement to these terms and any changes that may be made to them.
The Terms of Sales (ToS) are designed to establish a clear and legally binding framework governing the relationships and interactions between uTalentd, its users (Talents and Companies), and other stakeholders. These terms are crafted to ensure a secure, reliable, and ethical marketplace environment, facilitating fair and professional exchanges between freelancers and companies seeking their services. The intent is to create a platform where:
By accessing, browsing, or using the uTalentd platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sales and all applicable laws and regulations. If you register for an account, engage in transactions, or otherwise interact with the platform and its services, such engagement constitutes a binding agreement to abide by these ToS:
uTalentd reserves the right, at its sole discretion, to modify or replace these Terms at any time. Such modifications will become effective immediately upon the posting of the revised terms on the platform, or by direct communication to users, whichever occurs first. Your continued use of the platform after such modifications will constitute your acceptance of the revised Terms. It is your responsibility to review the Terms periodically for changes and to ensure that you understand and agree to the current ToS each time you use the platform.
The following terms, when used in this Terms of Sales, shall have the following meanings:
A "Talent" refers to an individual freelancer who has registered on the uTalentd platform, having completed the necessary verification processes, and is actively offering specialized services to companies. Talents are independent contractors seeking to connect with companies for professional opportunities through the platform.
A "Company" is a business entity that either is listed on the uTalentd platform for prospecting or actively uses the platform to find and engage with Talents for fulfilling their project needs. Companies may be of any size or industry and use the platform to access a diverse pool of freelance talent by reviewing Talent profiles, engaging with Talents directly, or posting Projects.
A "Project" is a job listing created and posted on the uTalentd platform by either the platform itself or by registered Companies. These listings detail specific service needs, including scope, duration, and other requirements intended for Talents. Projects are designed to facilitate clear expectations for prospective Talents about the work involved and the qualifications required.
A "Mission" is a specific assignment that a Talent undertakes after a Company selects the Talent’s Offer for a Project. It represents a binding agreement between the Talent and the Company, whereby the Talent commits to complete the designated tasks within the agreed parameters, including timelines and deliverables. Missions are confirmed through the platform’s mechanisms, providing structured engagement terms to both parties.
An "Offer" is a formal proposal submitted by a Talent through the uTalentd platform, aimed at securing a particular Project posted on the platform. Offers typically include the Talent's proposed terms, such as rates, timelines, and an outline of services to be provided, tailored to the requirements listed in the Project description.
"Subscription Plan" refers to the different levels of access and benefits offered by uTalentd, designed to cater to varying needs and preferences of users. These plans include but are not limited to:
"Credit Packages" refer to one-time credit bundles available for purchase by Talents on the uTalentd platform. These packages are designed to supplement the Contact Credits included in a Subscription Plan and provide additional flexibility for engaging with Companies. Credit Packages are categorized into the following tiers:
Credits purchased through these packages are valid for a period of 2 years from the date of purchase and are non-refundable. They are linked to the Talent’s account and cannot be transferred or shared with other users.
The use of purchased credits requires an active and valid Subscription Plan. If the Talent’s subscription lapses, purchased credits will be inactive until the subscription is reactivated. Talents are encouraged to manage their credit balance proactively and utilize them before their expiration.
Credit Packages provide Talents with additional resources to connect with Companies, ensuring greater flexibility and opportunity to secure Projects and Missions.
"Contact Credits'' are units allocated to Talents as part of their chosen Subscription Plan on the uTalentd platform. These credits allow Talents to initiate contact with Companies, thereby facilitating engagement necessary for responding to Projects or submitting Offers. The number of Contact Credits and their usage rules vary according to the specific Subscription Plans
Contact Credits are a critical resource for Talents, enabling them to connect directly with Companies and effectively participate in the marketplace. These credits are non-transferable and are subject to the platform’s usage terms and expiration policies as detailed in the specific terms of each Subscription Plan.
To utilize the services provided by uTalentd, individuals must create a user account. During the registration process, users are required to provide accurate, complete, and current information. This information typically includes, but is not limited to, the user’s legal name, contact information, professional qualifications, and any other details deemed necessary by uTalentd to establish and maintain an account. Failure to provide accurate information may result in the inability to access the full range of platform services, or in the suspension or termination of the user account.
Users are solely responsible for maintaining the confidentiality and security of their account details, including passwords or any other credentials used to access the platform. This responsibility covers all activities that occur under the user account, regardless of whether the actions were authorized by the user. uTalentd cannot and will not be liable for any loss or damage arising from the user’s failure to comply with this security obligation.
By accepting these Terms of Sales and creating an account, users acknowledge and agree that they are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Users also agree to indemnify and hold harmless uTalentd from any claims related to unauthorized use of their accounts.
uTalentd offers various subscription plans tailored to meet the diverse needs and preferences of its users. These plans are designed to provide different levels of access and benefits, enabling users to choose the most suitable option for their professional requirements:
Each plan is billed on a recurring basis and may come with additional benefits detailed on the platform or promotional materials.
In addition to subscription plans, Talents on the uTalentd platform have the option to purchase one-time Credit Packages. These packages offer additional flexibility for Talents who require more Contact Credits to engage with Companies and respond to Projects. The following terms apply to credit purchases:
By purchasing Credit Packages, Talents agree to these terms and acknowledge that the credits serve as an additional resource to maximize engagement opportunities on the platform.
By subscribing to uTalentd, users agree to these payment terms and conditions and acknowledge that failing to meet payment obligations may result in the suspension or termination of the subscription and access to the platform services.
Users of the uTalentd platform are required to comply with all applicable local, national, and international laws and regulations in relation to their use of the platform. This compliance includes, but is not limited to, laws pertaining to labor, contract, intellectual property, and data protection. Users must use the platform in a professional manner that does not infringe on the rights of others or disrupt the integrity and functionality of the platform.
To maintain the integrity and security of the platform, and to ensure a positive experience for all users, certain activities are expressly prohibited on uTalentd:
Violation of these obligations can lead to temporary or permanent suspension of account access, legal action, and civil or criminal liability under applicable laws. Users found to be in breach of these obligations may also be required to compensate uTalentd or other users for any losses resulting from such actions.
By agreeing to these Terms of Sales and using the uTalentd platform, users accept and agree to abide by all the obligations and prohibitions as stated. Failure to comply with these terms can result in various sanctions, including but not limited to, suspension or termination of user access to the platform.
OG-ZONE SAS reserves the full right to modify, terminate, or restrict access to the uTalentd platform at its sole discretion, without prior notice to users. This action may be necessary to ensure the platform’s security, to comply with legal requirements, or to improve user experience. The following stipulations apply:
OG-ZONE SAS retains the right to use any content, including Talent profiles and associated materials, submitted to the uTalentd platform for marketing and promotional activities. These rights are granted as follows:
OG-ZONE SAS aims to maintain a secure and effective platform, but it does not guarantee that the platform’s services will be uninterrupted or error-free. OG-ZONE SAS is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or the cost of substitute services arising from the use of or inability to use uTalentd, even if OG-ZONE SAS has been advised of the possibility of such damages.
These provisions ensure that OG-ZONE SAS operates uTalentd responsibly while protecting its legal interests and maintaining service quality for its users.
OG-ZONE SAS is committed to protecting the privacy and security of its users' data. The data collected on the uTalentd platform is handled in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. The following principles outline our data handling practices:
Under GDPR, users have specific rights regarding their personal data that uTalentd collects and processes. These rights include:
To exercise any of these rights, users may contact uTalentd’s Data Protection Officer through the contact details provided on the platform. Requests will be handled in accordance with the applicable laws.
uTalentd retains personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. After this period, personal data will be securely deleted or anonymized.
By using the uTalentd platform, users acknowledge and agree to the collection, use, and sharing of their personal data in accordance with this Data Protection and Privacy section of the Terms of Sales.
The intellectual property rights policy of uTalentd is designed to protect and respect the ownership of content created by its users, as well as content utilized by the platform for its operations. Understanding and respecting these rights are crucial for maintaining the integrity and legality of interactions on the platform.
Content owned by OG-ZONE SAS, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of OG-ZONE SAS or its suppliers and protected by French and international copyright laws.
uTalentd respects the intellectual property rights of others and expects its users to do the same. We encourage users to notify us if they believe their intellectual property rights have been infringed in any way by other users or through the platform itself. OG-ZONE SAS is committed to taking appropriate legal actions, in its sole discretion, to enforce its intellectual property rights to the fullest extent of the law.
By using the uTalentd platform, users agree to honor the intellectual property rights of others and the platform, and they commit to ensuring that any content they provide does not infringe the rights of any third party.
uTalentd, operated by OG-ZONE SAS, takes all reasonable measures to ensure that the platform operates effectively and securely. However, the platform is provided on an "as is" and "as available" basis, and its operation can be subject to numerous factors, including those outside of OG-ZONE SAS's control. Accordingly, OG-ZONE SAS's liability is limited in the following ways:
Users of uTalentd agree to indemnify and hold harmless OG-ZONE SAS and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. This indemnification obligation includes your interaction with other users of the platform, any violation of the rights of another party, including but not limited to intellectual property rights, and any breach of the representation regarding the origin and ownership of your user-generated content.
The provisions of this "Liability and Indemnity" section shall survive the termination or expiry of these Terms and/or your use of the platform.
In the interest of resolving disputes between you and OG-ZONE SAS in the most expedient and cost-effective manner, you and OG-ZONE SAS agree to first attempt to negotiate any dispute (except those disputes explicitly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice from one party to the other. You and OG-ZONE SAS agree that all negotiations under this paragraph will be confidential and treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law rules.
Disputes involving claims for injunction or other equitable relief may be adjudicated only in the courts of France, and each party hereby consents and submits to the exclusive jurisdiction of such courts for such purposes.
The dispute resolution procedures in this section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
11.1.1 By Users
11.1.2 By OG-ZONE SAS
11.2.1 Consequences for Users
11.2.2 Obligations Following Termination
11.2.3 Reinstatement
By agreeing to these Terms of Sales, you acknowledge that OG-ZONE SAS has the right to terminate your access to the platform under the conditions outlined above and accept the consequences and obligations that arise from such termination.
If any provision of these Terms of Sales, or the application thereof to any person, place, or circumstance, is held to be invalid, unenforceable, or void, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Sales shall continue in full force and effect. Such invalidity, unenforceability, or voidness shall not affect the validity and enforceability of any other provisions of these Terms of Sales.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Moreover, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Sales shall operate or be construed as a waiver thereof.
These provisions are intended to ensure that the Terms of Sales remain effective and enforceable, maintaining their intended effects as much as possible, even when certain sections or provisions might fail legally. This section also clarifies that any forbearance or delay by OG-ZONE SAS to enforce its rights under these Terms does not constitute a waiver of those rights.
OG-ZONE SAS reserves the right to modify, amend, or update these Terms of Sales at any time and for any reason, without prior notice, to reflect changes in legal or regulatory requirements, adapt to new technologies or improvements to the uTalentd platform, or to enhance clarity and usability of the terms.
It is the responsibility of each user to keep themselves informed of any changes to these Terms of Sales. Users should ensure they read any notifications of changes carefully and understand any new terms or conditions as they continue to use uTalentd.
All modifications to the Terms of Sales will be made in compliance with applicable laws and regulations, ensuring that both OG-ZONE SAS and its users are protected under these laws.