1. Contract; Order. This contract, including all attachments (collectively hereinafter referred to as the "contract") is between the company ("customer"), whose name is indicated on the attached purchase order or the online order ("order") and Internship Community ("IC"). The services to be provided (the "services") are listed in the order and are subject to these terms and conditions.  The sites referred to in this contract (the "sites") are defined as any website of which IC, or one of its subsidiaries, has partial or total control.
    2. Contract Duration and Termination. The duration of this contract (the "duration") will commence on the effective date specified in the Purchase Order and will expire on whichever comes first between (i) one year from the Start Date or (ii) upon expiry of (the) Service(s) purchased by the Customer and, with exception to that provided below, neither the Customer or IC can terminate the contract. Services which have commenced by the end of the duration will continue to be provided under the terms of this contract for the remainder of the applicable period of supply of the Service(s) in question. To the extent permitted by law, IC may terminate this contract with immediate effect on written notice if: (a) the Customer requests or consents to the institution of any proceedings under any bankruptcy or insolvency laws or makes an assignment for the benefit of its creditors; or requests or consents to the appointment of a receiver, trustee, liquidator, administrator or other representative with similar functions, or if any recovery or liquidation procedure is started against the Customer for all or a substantial part of its assets; or (b) IC terminates any other contracts concluded with the Customer following a breach of this contract. Either party may immediately terminate this Contract in the case of serious breach by the other party of its obligations and if such a breach is not resolved within 10 days after the receipt of a written notification. If IC terminates this contract for any reason whatsoever, IC has the right to demand advance payment of all amounts due under the contract and to be reimbursed for all costs and legal expenses incurred.  The provisions of Sections 2, 3, 4, 8, 9 and 10 will remain in operation upon the expiration or termination of this Contract.
    3. Payment.  Unless otherwise stated in the Purchase Order or invoice, invoices will be due immediately upon ordering. Amounts payable for the Services are exclusive of VAT. The Customer will be responsible for the payment of any present or future sales, use, excise or other tax applicable to the Services. If any invoice remains unpaid beyond the due date, IC may demand advance payment of any amount not yet invoiced under this Contract. Should a Customer overpay an invoice, the Customer must request a refund of the overpayment within one year, and any credit notes for such overpayment will only be valid for one year from issue. The amounts paid for the Services are non-refundable, except in cases of termination of the Contract following a serious breach of obligations by IC, in which case IC will refund the Customer the pre-paid amounts for Services not yet rendered at the date of such termination. IC may assign a third party to collect payments. IC may carry out a credit check on the Customer from time to time. IC reserves the right to refuse to grant credit to the Customer and to demand a pre-payment before providing Service. IC may deduct any amount received by the Customer from the entire amount which is due and payable by the Customer under this Contract or any other contract with the Customer. The Customer agrees to pay each invoice in full without deduction. Services purchased under this Contract may be used by affiliates of the Customer upon the prior and express consent of IC. The Customer shall remain liable for payment of all services purchased and used by one of its affiliates. If the Customer is an advertising agency that acts for and on behalf of its own client, the Customer shall be liable for all payments due under the Contract, regardless of whether or not it receives payment from its client. If the Customer is a new customer paying by direct debit ("Direct Debit"), it must complete a direct debit authorisation (with the Customer's account number, sort code, bank name and the name of the account holder) which will be sent separately. If the Customer has paid IC by Direct Debit during the last 12 months, IC will continue to use the same bank details it has on record until the Client informs IC otherwise. The Customer guarantees to be the owner of the account used for the Direct Debit and that the Direct Debit authorising signatures have all the necessary powers. The Customer authorises its Bank to communicate to IC and its subcontractors and agents the details of its bank account in so far as it is necessary to execute this Contract and to inform IC if its Direct Debit Authority is terminated at any time. If a Direct Debit payment fails, the Customer must immediately arrange for the charges to be paid by other means in addition to any fees incurred by IC in relation to the failed Direct Debit payment. IC does not grant any discounts for early payments. 
    4. Confidentiality, Data Protection and Additional Services. (a) Each party will keep the specific terms of this Contract confidential and not disclose them to any third party (other than to its professional advisers and/or subsidiaries and their affiliates on a confidential basis) without the other party’s prior written consent, except as required by law. (b) IC undertakes to comply with all applicable data protection legislation currently in force and will collect and process personal data in accordance with its privacy policy available in the "Data Protection" document.  In order to maintain the integrity of its Websites, IC reserves the right to disclose contact details to any regulatory or enforcement authority when requested to do so. IC may also forward contact details where a complaint arises concerning the Customer’s use of the Site and where that use is deemed to be inconsistent with the Contract. (c) The Customer authorises IC to e-mail him details of Service enhancements, important new features and other promotional information (including research surveys) until the Customer provides a written objection to this.
    5. Terms of Use.  (a) If the Customer is a staffing or recruitment agency, job postings will only be published or advertisements placed with the Customer’s own logo or brands. If the Customer is an advertising agency, job postings may only be published or advertisements placed with the logos or brands of the Customer’s client or end user as designated in the Purchase Order.  In any other event, the Customer shall use all Services provided hereunder solely for its own internal business purposes and shall not resell or transfer any Services to any third parties and may not publish any press releases or advertise under any logos and/or brands other than its own.  (b) The Customer acknowledges that it must comply with the Terms of Use of each Site it accesses. The Terms of Use of each Site are available from the homepage through the “Terms of Use" link. To the extent there should be any contradiction between the Terms of Use of any accessed Site as described in this paragraph and the terms of this Contract, the terms of this contract will prevail.  (c) IC reserves the right to suspend the Services provided to the Client and/or all passwords and other access codes, if IC has a reasonable suspicion that the Customer is in breach of any part of this Contract, or any other contract between IC and the Customer or any Terms of Use. 
    6. Limited Warranty.  IC guarantees that it will deliver the Services in a professional manner in accordance with the standards prevailing in the industry. Except for the above, IC gives no warranties, express or implied, including the warranties of merchantability, or fitness for a particular purpose or non-infringement with respect to the Services or the Sites, or the functionality, compatibility with specific software browsers, performance or results of use of the Services or the Sites. 
    7. Indemnification. Each party (each, in such capacity, the “Indemnifying Party”) shall indemnify the other party, its affiliates and respective legal representatives, directors, employees and agents (each, in such capacity, an “Indemnified Party” and, collectively, the “Indemnified Parties”), for and against any third party claims, actions or demands, including, without limitation, all reasonable legal and accounting fees arising or resulting from:  (a) infringement or alleged infringement of any patent, copyright, trade secret or other proprietary right of any third party, arising out of or in connection with (i) in the case of IC, the provision of services and (ii) in the case of the Customer, the provision of any material for any Site by or on behalf of the Customer; (b) in the case of IC, gross negligence or wilful gross misconduct in connection with or related to the Services; and (c) in the case of the Customer, any serious misconduct, gross negligence or defamation in connection with or relating to the use of the Services. The Indemnifying Party’s obligations hereunder will only apply if the Indemnified Party notifies the Indemnifying Party promptly in writing as to any such claim, action or demand. 
    8. Limitation of Liability.  Nothing in these conditions shall limit either party’s liability to the extent as prohibited by law. Except for obligations of the indemnifying party under clause 8 and in no way limiting the Customer’s payment obligations under this Contract, (a) no party will be liable to any other party (nor to any person claiming rights derived from the other party’s rights) for accidental, indirect, consequential, special or exemplary damages of any kind - including loss of revenue or profit, loss of business or loss of data - arising out of or in connection with this Contract or the services provided hereunder regardless of whether the liable or allegedly liable party had reason to know or had knowledge of such an eventuality, and (b) each party’s maximum liability arising out of or in connection with this Contract, any product, the services provided hereunder or with any Site will not exceed the amount paid or payable by the Customer to IC during the duration of this Contract. 
    9. Miscellaneous. Each party agrees on the use or provision of Services, complying with all applicable laws, including but not limited to those relating to labour, employment and data protection.  The Customer also agrees that age, gender, religious beliefs, health, sexual orientation or ethnicity data or any other such information provided by an applicant shall not be used in any employment-related decision. Each party to this Contract shall act as an independent contractor and nothing herein shall be construed to create a partnership, joint venture or any type of agency relationship between IC and the Customer or any of the Customer’s employees or agents. This Contract, which may be executed in counterparts, contains the entire agreement of the parties with respect to the transactions and matters hereby contemplated, supersedes all previous communications, understandings and agreements (whether oral or written), as well as any purchase orders or other terms and conditions or purchase terms not supplied by IC that have been or may from time to time be submitted by the Customer, and cannot be amended or waived except in writing and agreed upon by both parties.  The parties agree to give value to e-mail exchanges with the exception to that allowed in Clause 3, neither party may assign this Contract in whole or in part, by merger, sale or share sale or transfer, or otherwise, without the prior written consent of the non-assigning party, except, in the case of IC, (i) in connection with a merger, consolidation, reorganisation or sale of all or substantially all of its assets, or (ii) to a controlling party, controlled by or under the common control of IC (each considered an “Authorised Assignment”). No party has relied on any representation or warranty of any other party not expressly set forth in this Contract.  No failure or delay on the part of any party in exercising any right or remedy provided in this Contract will be valid as a waiver of the Contract. Similarly, nor shall any single or partial exercise or failure to exercise any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy under this Contract.  Should any of the provisions of these conditions be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such provision shall to that extent be severed from the remaining provisions which shall continue to be valid to the fullest extent permitted by law. This Contract, and any dispute between the Customer and IC relating to this Contract, shall be governed by and construed in accordance with French law and the parties shall submit the Contract to the exclusive jurisdiction of the Nanterre Commercial Court.   Each party’s obligations under this Contract is subject to force majeure. All notices hereunder shall be sent by priority mail with a return receipt request or by express mail to the respective addresses listed in the Purchase Order and shall be deemed received from the time they have been delivered. No terms of this Contract are enforceable by any person who is not part of it. 

     

  1. IC JOB POSTINGS (WORK PLACEMENT, INTERNSHIPS, INTERNATIONAL VOLUNTEER EMPLOYMENT, APPRENTICESHIP, "TEMPORARY" STUDENT JOB, "PERMANENT" FIRST JOB AND "FIXED-TERM")A job posting is an advertisement for a job vacancy placed on the Site/s specified in the Purchase Order.  Job postings may be posted by IC's posting tool.  Job postings are "Standard" (30 days, one offer, world-wide).  They allow the Customer to post job offers (i) for the period specified in the Purchase Order, (ii) for a determined location and specified in the Purchase Order or without any specific location, on the IC website identified in the Purchase Order. Job postings must be posted during the Duration of the Contract, after which they all expire. With the exception of Premium Postings, which may include more than one location per category (number of regions specified in the Purchase Order), each job posting may include only one (1) job description in just one location and for one job category, with up to three occupations and three industries per category.  Each job posting posted will be active for a maximum duration as specified in the Purchase Order, even if the scheduled duration of such job posting extends beyond the expiration of the Duration of the Contract.  All (1) re-activations of an expired job posting, (2) all renewals of job postings or modifications of region or of category, (3) all changes in the Site (unless the product being purchased allows posting to multiple Sites) or (4) all changes in the reference code of a job offer where that job has been posted via BGW constitutes use of an additional job posting.  The Customer acknowledges that job postings on the Sites can also appear in search results on other websites. A job posting may be periodically refreshed if stated in the PO. The Customer agrees that all postings that it displays on the Site shall relate to specific live job positions and shall not simply be a description of a generic or unavailable job.  Unless otherwise specified in the PO, the Customer agrees not to post any job that:  (i) does not comply with applicable laws or regulations; (ii) contains links to any IC competitor sites; (iii) contains "hidden", irrelevant or misleading keywords; (iv) contains any pyramid schemes, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, and which is paid solely by commission (except where the posting clearly states that remuneration is only on commission and clearly describes the products/services to be sold), or which requires the recruitment of other members, sub-distributors or sub-agents; (v) contains any logo or brands other than its own save as permitted by clause 6 of the Terms and Conditions; (vi) contains a hyperlink to the Customer’s own recruitment website; or (vii) contains a hyperlink to any website which contains material which is defamatory, offensive or obscene or of a menacing character or which may, in IC’s judgment, cause annoyance or inconvenience or anxiety to any person including, without limitation, any racist, sexist, harassing, threatening, discriminatory, vulgar or abusive material, opinions or messages. IC reserves the right at any time and at its sole discretion to immediately remove any non-compliant job posting or postings which have not been expressly purchased.