1 Purpose of subscription conditions
The purpose of these special conditions is to define the terms and conditions of use of the Services available to users who have subscribed to a Subscription on the Freelance Stack Site (hereinafter: the "Subscription Services").
In this respect, they supplement the general terms and conditions of use of the said Site (hereinafter: the "GCU"), with which they form an indivisible whole.
Capitalized terms defined in the GCU have the same meaning in the context of these special terms and conditions.
These special terms and conditions are accessible and printable at any time via a direct link at the bottom of the Site.
2 Subscription and acceptance of special conditions
The Subscription Services are only accessible to users who have previously registered on the Site and who take out a Subscription from among the formulas offered on the Site, through their Personal Space (hereinafter: "Subscribed Users").
They accept the present special terms and conditions by ticking a box.
The acceptance of these special terms and conditions can only be full and complete. Any membership with reservations is considered null and void. Users who do not agree to be bound by these special conditions must not subscribe to the Subscription.
3. Duration of the Subscription
The subscription begins on the date of plan, subject to payment of the price in accordance with the "Financial Conditions" article, for the period subscribed to by the user, from date to date.
It is then tacitly renewed, for successive periods of the same duration as the initial period, from date to date, unless terminated by Freelance Stack or by the subscribed user no later than the day before the end of the current Subscription period.
Termination of the Subscription by a Subscribed user is made by e-mail to the contact details given in the article "Site and Services Operator: contact". Cancellation of the Subscription by Freelance Stack is effected by sending an e-mail to the Subscribed User.
Any Subscription period started is due in full.
4.Description of Subscription Services
Please refer to the general and specific conditions of use available on the Freelance Stack website at the bottom of the page.
5 Financial conditions
The prices of the Subscription packages available to users are shown on the Site. Unless otherwise stated, these prices are in euros and exclusive of tax.
Freelance Stack reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or discount prices.
In particular, on the occasion of the tacit renewal of their subscription, Freelance Stack may apply a reduced price for the new subscription period, or offer Subscriber Users more advantageous Subscription packages.
Subscription prices may be revised by Freelance Stack at any time, at its own discretion.
Subscribing users will be informed of such changes by Freelance Stack by any useful written means (and in particular by email) at least 15 (fifteen) days calendar days before the new prices come into effect.
Once they come into effect, the new prices apply when the subscription is renewed.
5.3.Invoicing and payment
The aforementioned prices are invoiced for each subscription period, and are communicated to subscribing users by any appropriate means.
Payment is made by direct debit through the payment service provider indicated on the Site (hereinafter referred to as the "Payment Service Provider"), by SEPA direct debit, or by any other means proposed on the site at plan . Only the Payment Service Provider retains subscribing users' bank details for this purpose.
Only the Payment Provider retains the bank details of Subscriber Users for this purpose. Freelance Stack does not retain any bank details.
The Subscription price is due and will be debited on the day of the plan subscription, then on the anniversary date of each renewal.
Subscriber Users warrant to Freelance Stack that they have the necessary authorizations to use the chosen method of payment. They undertake to take the necessary steps to ensure that the subscription price can be debited automatically.
5.4 Payment Delays and Incidents
Subscriber Users are hereby informed and expressly accept that any delay in payment of all or part of a sum due on its due date will automatically entail, without prejudice to the provisions of the "Penalties for default" article of the GCU and from the day following the payment date shown on the invoice:
1. the acceleration of all sums due by the Subscriber User and their immediate payment;
2. immediate suspension of Services in progress until full payment of all sums owed by the Subscriber User;
3. the invoicing to Freelance Stack of late payment interest at the rate of 3 times (three) the legal interest rate, based on the amount of all sums owed by the Subscriber User, and a flat-rate indemnity of 40 (forty) euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
6. Obligations and Liability of the Parties
1 Subscribing users undertake to comply at all times with the GCU, these special conditions and all applicable laws and regulations, and to refrain from infringing the rights of third parties or public order.
2Subscribing users who use our services acknowledge and expressly accept that it is their responsibility to contract directly with Freelance Stack partners, in accordance with the terms and conditions to be agreed between them. Freelance Stack is not responsible for exchanges with the partner, for the proper maintenance of the partner's service, or for its proper execution. Freelance Stack Freelance Stack reserves the right to remove or suspend access to the platform for any subscribed user who has fraudulently shared or used a discount code.
3. Users who have subscribed using a discount code offered by Freelance Stack undertake not to use said code fraudulently. In particular, they acknowledge and expressly accept that any discount code used to become a subscribed user is nominative and that Freelance Stack reserves the right to verify the identity of users subscribing using such a code. And to remove or suspend access to the platform to the user who would have fraudulently shared or used a code of discount.
4. In any event, with the exception of bodily injury or death, and except in the case of gross negligence or breach of an essential obligation of the present contract rendering it null and void, Freelance Stack shall not be liable to subscriber users for the payment of damages of any kind whatsoever, whether direct, material, commercial, financial or moral, as a result of the use by subscriber users of the subscription services, for an amount exceeding the amounts invoiced by Freelance Stack for the subscription, in the 12 (twelve) months preceding the occurrence of the alleged damage. Freelance Stack may only be held liable if subscriber users have made a claim, by registered letter with acknowledgement of receipt, within a period of one months following the said occurrence.
7. Penalty for non-compliance
In the event of a breach by a subscribed user of any of the provisions of these special conditions, Freelance Stack reserves the right to:
- suspend the subscription of the subscribed user who has committed or participated in the breach,
- delete any information or content placed online on the Site,
- publish on the Site any information message Freelance Stack deems useful,
- notify any relevant authority,
- take any legal action.
Without prejudice to the above provisions, Freelance Stack also reserves the right to terminate the subscription of the subscribed user :
- either ipso jure, fifteen (15) days after receipt by the subscribed user of a formal notice which has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply the present clause,
- or in the event of the repetition of a breach previously reported by any useful means, and in particular by e-mail, the termination then taking effect ipso jure on the date of dispatch of the registered letter with acknowledgement of receipt mentioning the repeated breach.
This termination will not affect the subscriber's account, which will remain open and accessible.
Freelance Stack reserves the right to modify the present special conditions at any time.
Subscriber users will be informed of such modifications by any useful means, at least 15 (fifteen) days calendar days before they come into force.
Subscribers who do not accept the modified special terms and conditions must terminate their subscription in accordance with the terms and conditions set out in the "Subscription Term" article.
Subscribers who use the subscription services after the modified special terms and conditions have come into force are deemed to have accepted these modifications.
In the event of a translation of these special terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
10 Applicable law and jurisdiction
These special conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these special conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless mandatory procedural rules to the contrary exist.