Terms & Conditions
Last updated: 03 July, 2024
Introduction
These general terms and conditions of use (hereinafter referred to as the "Terms") are intended to govern the conditions under which Jobamax makes the website https://astreva.com/ (hereinafter referred to as the "Site") available to Internet users, customers, and service providers.
Any connection to the Site or to the user account implies acceptance of the present Terms and Conditions by the user, via the display of a checkbox on first connection, and on each update of the present Terms and Conditions.
Use of the Site is governed solely by these General Terms and Conditions and the Privacy Policy, to the exclusion of any other document.
User Accounts
1.1 Registration
You must register for an account with us (“Account”) to access and use certain portions of our Services. Registered users of our Services are “Users”, and unregistered users are “Site Visitors”. Your registration is subject to our approval. We reserve the right to decline any registration.
1.2 Account Eligibility
By registering for an Account, you represent that:
You are at least 18 years old (or the age of majority in your country if it is higher than 18).
You will use our Services for business purposes only.
You are eligible to enter into legally binding contracts.
You will comply with all licensing, registration, or other requirements with respect to your business and any services you offer through our platform.
1.3 Account Profile
You must provide accurate and complete information during registration and keep your account information updated. Misleading information may result in account suspension or termination.
1.4 Account Types
We offer different account types: Client and Executives. Once you register for an Account, you can add multiple account types under the same login credentials. You agree not to register for or maintain more than one Account and Profile without express written permission from us.
1.5 Account Permissions
You may grant permissions to other Users to act on your behalf. You are fully responsible for their actions and any use of your Account.
1.6 Identity and Location Verification
We may verify your identity and location. You agree to provide accurate information and cooperate with our verification process. You authorize us to make any inquiries necessary to validate your identity, location, and business information.
1.7 Usernames and Passwords
You are responsible for maintaining the confidentiality of your username and password. Notify us immediately if you suspect unauthorized use of your Account. You agree not to use the Account or log in with the username and password of another User.
Purpose of Astreva
2.1 Relationship with Astreva
We provide a comprehensive platform designed to facilitate connections between companies and top-tier executive talent. Our process includes coordinated discussions between the client companies and our sales team to ensure the precise matching of executives to meet specific business needs. Service durations are agreed upon with a structured monthly payment plan. For annual agreements, we offer a fully refundable two-week free trial period. All payments are processed exclusively through our secure platform.
2.2 Taxes and Benefits
Executives are responsible for paying their own taxes, obtaining their own insurance, and ensuring they comply with applicable laws and regulations.
2.3 Marketplace Feedback and User Content
Users publish and ask us to publish information and feedback on the Site. We are not responsible for that content, and your publication or use of it is at your own risk.
Contractual Relationship Between Client and Executive
3.1 Service Contracts
When a Client subscribes to Astreva's services, Astreva will subcontract the mission to the Executive, establishing a tripartite agreement among the Client, the Executive, and Astreva. This structure ensures that Astreva manages all aspects of the contractual relationship, including recruitment, agreement terms, and payment processing, providing a seamless and efficient experience for all parties involved.
3.2 Disputes Among Users
For disputes arising between Clients and Executives, you agree to follow the dispute resolution process outlined in the applicable Escrow Instructions.
3.3 Confidential Information
Users may agree to their own confidentiality terms. If they do not, these terms apply. Users agree to keep other Users’ confidential information a secret, no matter what.
Worker Classification and Payroll
4.1 Worker Classification
For all contract commitments facilitated through our platform, Astreva is responsible for the engagement and management of the Executives. This includes overseeing the contractual relationship, ensuring compliance, and handling payment processing.
4.2 Payroll Services
If Clients engage Executives for longer contract commitments facilitated through our platform, Clients agree to utilize our comprehensive Payroll Services to manage all payment and compliance aspects.
5. Fees and Payments
5.1 Fees for Advisors
Advisors agree to pay service fees as set forth in the Fee and ACH Authorization Agreement.
5.2 Client Fees
Clients pay fees for accessing the Services, including administrative and facilitation fees. Fees are always included in the price.
5.3 VAT and Other Taxes
Fees are exclusive of taxes. We may be required by applicable law to collect or pay certain taxes or levies, including VAT.
6. Payment Terms and Escrow Services
6.1 Escrow Services
We provide escrow services to deliver, hold, and receive payment for a Project, and to pay fees to us.
6.2 Client Payments on Service Contracts
Client payments are made according to the terms in the applicable Escrow Instructions. For annual agreements, Clients are entitled to a 2-week free trial period, which is fully refundable if the service is discontinued within the trial period.
6.3 Disbursements to Freelancers on Service Contracts
Executives receive their funds held in escrow according to the terms in the applicable Escrow Instructions.
6.4 Non-Payment
If a Client fails to pay, the mission will be suspended until the payment is made.
6.5 No Return of Funds and No Chargebacks
Once funds are charged or debited, the transaction is non-refundable except as provided in the applicable Escrow Instructions.
6.6 Payment Methods
Users must provide account information for at least one valid Payment Method. We may run credit card authorizations and charge your Payment Method for amounts due.
6.7 U.S. Dollars and Foreign Currency Conversion
The Services operate in U.S. Dollars. If your Payment Method is in another currency, we may convert payments at the rate displayed on the order form.
7. Non-Circumvention
7.1 Making Payments Through Astreva
You agree to use our platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with Users you identify through our Services for 24 months from the start of the relationship.
8. Records of Compliance
You agree to make and keep all required records. We have no obligation to store, maintain, or provide you with copies of any content or information.
9. Warranty Disclaimer
We provide our Services "as is" and "as available". We make no warranties or representations about the Services.
10. Limitation of Liability
Our liability is limited to the maximum extent.
11. Miscellaneous
In the event of a dispute, the Parties shall endeavor to reach an amicable agreement before any legal action is taken. The terms are governed by French law. ANY DISPUTE ARISING IN CONNECTION WITH THE terms, WHICH IS NOT AMICABLY RESOLVED BETWEEN JOBAMAX AND THE USER, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.
12. Modification of the Terms
Jobamax may modify the Terms at any time. The User will be informed by any means of these modifications before their date of application. Modifications to the Terms are enforceable from the moment of their acceptance by the User. If the User does not wish to continue using the Site in accordance with the updated Terms, he shall close his Account without compensation.
If one or more stipulations of the Terms are declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.
These Terms are available on request at any time and will prevail, where applicable, over any other contradictory document.
13. Termination
14. Escrow Instructions
15. Use of User Profiles
By using our platform, you grant Astreva a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your profile information (including your name, photo, biographical information, and any other content you provide) in connection with the promotion, advertising, or marketing of the platform and our services. This may include, but is not limited to, use on our website, social media channels, email campaigns, and other marketing materials.
You acknowledge that Astreva may use your profile information for these purposes without any compensation to you, and you waive any rights to inspect or approve the finished product where your profile appears.
If you do not wish to have your profile information used for these purposes, you may opt out by contacting our support team. However, opting out may limit your visibility and opportunities on the platform.
Contact
If you have any questions about this terms, you can contact us by:
- sending an e-mail to the following address: privacy@astreva.com; or
- sending a letter to the following address: JOBAMAX, 74 Rue Horace-Bertin, 13005, Marseille, France.
Version updated on July 3, 2024.