Malt Community SA Terms and Conditions of Use and Sale
These terms and conditions of use and sale (hereinafter called "Terms and Conditions" constitute the agreement between:
The company Malt Community SA, a French public limited company registered in Paris under number 791 354 871, headquartered at 241 rue Saint Denis - 75002 Paris (hereinafter called « the Company »).
The website User accessing https://www.malt.com
The Company operates a website accessible via https://www.malt.com, offering a marketplace linking Freelancers and Clients/Project Managers.
These Terms and Conditions are intended to regulate the terms and conditions of use and sale of the Site, as well as to define the rights and obligations of all Users put in contact via the Site.
Any access and / or use of the Site implies the unconditional acceptance and compliance, without reservations of any kind, with all terms of these Terms and Conditions.
I – Definitions
Client/Project Manager: any person or entity using the Site for strictly business purposes, to enter into contact with one or more Freelancer(s) in order for them to carry out a Task.
Content: all information or media of any kind (texts, images, videos, photographs, comments, notes, company names... etc) published by the User on the Site.
Freelancer: any natural or legal person, either with a SIRET number and registered with the Registre du Commerce et des Sociétés, the Répertoire des Métiers, the Maison des Artistes, the Agessa, as auto-entrepreneur or legally working as an independent entrepreneur in France or abroad and providing services to Clients/Project Managers via the Site.
Invoicing Mandate: the billing order between the Freelancer and the Company pursuant to which the Freelancer agrees to entrust the Company, in accordance with the applicable rules, the preparation and issuing of invoices relating to the Tasks carried out for a Client/Project Manager via the Site.
Site: the Internet site hosted at https://www.malt.com
Services: all services provided by the Company on the Site and in particular the service of contact between Freelancers and Clients / Project Managers, services providing means of payment, the preparation and issuing of invoices in the name and on behalf of Freelancers as well as services intended to accompany the Client/Project Manager in looking for and selecting Freelancers for the fulfillment of tasks.
Task: any specific task entrusted by a Client / Project Manager to a Freelancer.
Users: Freelancers and Clients/Project Managers.
II – Subscription to the Site
2.1 In order to use the Services, a User must create an account by registering for free on the Site.
Users must be over 18 years old and must be legally able to contract and use the Site in accordance with these Terms and Conditions. The User is obliged to provide accurate information, which must be immediately updated in the event of change.
Access to the account is protected by a login and password chosen by the User upon registration. The User is solely responsible for any use made of his/her username and password as for their confidentiality and any use of his/her account.
2.2 In order to be referenced as a Freelancer on the Site and to be visible to other Users, the User is also required to provide information on his/her profile page as well as to keep it up to date.
The Company’s Site is a local platform; therefore the User shall indicate, as its main activity area, the place where it is incorporated or its usual residence place.
To use the Services, the Freelancer also agrees to an Invoicing Mandate with the Company and to upload the required documents to the Site, in order to comply with the regulations against undeclared work, Transparency Rules (KYC), fraud, money laundering and financing of terrorism.
In addition, if the Freelancer wishes to benefit from the cash advance service offered by the Company, it shall agree to an assignment mandate, entitling the Company to manage the assignment in its name and on its behalf to a factoring company,
2.3 In the event that the User provides false, incorrect, incomplete or outdated information, the Company shall be entitled to suspend or terminate his/her account and to forbid future access to all or part of the Services.
III – Description of the Services and functioning of the Site
3.1 The Services include:
- A facilitated contact between Freelancers and Clients/Project Managers;
- The provision of means of payment to secure the progress of a Task ;
- The preparation and issuing of invoices relating to the Tasks undertaken, in the name and on behalf of Freelancers;
- The collection and provision to Clients/Project Managers of the documents required from Freelancers to ensure due diligence
- The implementation of additional services for medium-sized and large Clients/Project Managers.
3.2 The additional Services for “major” Clients/Project Managers offer a set of dedicated services further described at www.malt.com/offers, including in particular :
- A tailored consulting service to find Freelancers
- A customized interface of the platform for the Client/Project Manager allowing a collaborative use between several Users
- The provision of an online library showing all contractual documentation related to the Client/Project Manager
- Additional payment options;
- A possibility to benefit, as an option and in specific situations, from factoring services from the company Finexkap (Finexkap General Terms and Conditions), or any other factoring company;
- Automatic profiles recommendations tools;
- Access to reporting tools;
- Malt Insights :advanced Freelancers resources management tool (activity monitoring, global group reporting; customizable settings etc.);
- A research system enabling Clients/Project Managers to easily offer tasks to verified Freelancers.
3.3 The Client/Project Manager contacts the Freelancer via the Site. After an immediate exchange regarding the nature of the Task, the Freelancer submits a proposal of services using the tools made available to him/her on the Site.
In the event of an agreement, the Client/Project Manager sends funds to his/her electronic wallet, allowing the Freelancer to start the Task (except in the case of invoice payment, an optional service offered for Corporate Services).
Once the Task has been completed, an invoice is issued and sent to the Company in the name of and on behalf of the Freelancer, using the information provided by him/her and addressed to the Client/Project Manager.
The Freelancer is obliged to provide the Company with all the necessary information in accordance with his/her legal obligations, as provided for in the Invoicing Mandate. Validation of the Task unlocks the Freelancer's payment of the amount stated in the invoice, minus the commission payable to the Company by the latter.
IV – Access to the Site and Services
Access to the Site and Services is exclusively reserved to registered Users. Freelancers must have mandated the Company to issue invoices (by accepting the Invoicing Mandate) in order to be able to use the Services of the Site. They must also have uploaded the required documents to their profile, in order to satisfy their obligations in the fight against undeclared work and the transparency rules (KYC) to stop tax fraud, money laundering and the financing of terrorism.
Users living outside of France are also obliged to respect all their obligations under the legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the Site.
Users are responsible for setting up the computer and telecommunications means enabling them to access the Site. They bear the costs of telecommunications when accessing the Internet and using the Site. The Site is accessible 24/7 for all Users. The Company reserves the right, without prior notice or indemnity, to temporarily or permanently close the Site or access to one or more of its Services to update, modify or change operational methods, servers and hours of accessibility, without this list being exhaustive.
The Company reserves the right to make any changes or improvements considered necessary or useful to the Site and Services.
The Site is limited to Clients/Project Managers, and shall not be used by intermediaries or recruitment professionals acting in the name of final clients. In case of breach of these access rules, in addition to sanctions referred under Article XVI, the Company reserves all rights to restrict access to its Services, in particular by reducing the possibility to contact Freelancers through the platform or by using profile settings in order to stop the unfair trading. In addition to the rules of the platform hereunder, this limitation of use shall not be the subject of a specific information, in order to protect against any reiteration of breach of the Company’s terms and conditions through a new User profile.
V- Costs of Services
The Freelancer pays a commission to the Company, calculated on the basis of a percentage of the total amount paid for the completion of a Task. This commission is deducted directly from the amount payable to the Freelancer as soon as a Client/Project Manager closes a Task.
The Service cost (excluding options) is fixed between 5 and 10% of the price paid for the Task, depending on the past relationship between the Freelancer and the Client/Project Manager.
The table of applicable fees is available here.
For Corporate Services, prices are available from customer services upon request. These services will then be the subject of a specific contract between the Company and the Client/Project Manager.
VI- Payment system
6.1 Payment by the Client/Project Manager of the amount due for a Task shall be made by provision of the Task via an electronic wallet (escrow account). The payment of the provision is made by credit card through a secure online payment service or bank transfer.
For Corporate Services, the Client/Project Manager may be authorized to pay the total amount upon delivery, without initial provision, within the statutory deadline for payment. The terms and conditions of such payments are the object of a separate agreement.
6.2 For the purpose of implementing the payment system, the Company has subscribed to the services of Mangopay., a company authorized as an electronic money institution, registered with the Luxembourg Trade and Companies Register under the number B173459, whose registered office is at 2 Avenue Amélie, 1125 Luxembourg (hereinafter called "MANGOPAY").
Users enter a contractual agreement directly with MANGOPAY for the provision payment system and declare that they accept MANGOPAY's terms and conditions available here: MANGOPAY SA terms and conditions.
The remittance of funds under a provisioning arrangement for an electronic wallet does not constitute a bank deposit and does not bear interest.
VII- Rating and recommendations
7.1 After each Task, Clients/Project Managers and Freelancers are encouraged to rate each other. A rating submitted by a Client/Project Manager may appear on the Freelancer's profile. A rating left by a Freelancer will be visible to other Freelancers when the Client/Project Manager contacts them.
Clients/Project Managers may not edited ratings submitted by themselves as of one month after the end of the Task.
7.2 Freelancers also have the possibility to be recommended by other Users such as colleagues, friends or ex-clients that they have worked with in the past.
The Freelancers can hide these recommendations on their profile. However, the Freelancer must not publish inauthentic recommendations on his/her profile.
Ratings and recommendations shall reflect objective considerations and should not, in any event, include excessive or insulting elements. If that was the case, the Company reserves its rights to delete said rating.
8.1 Should the Task be canceled by mutual agreement (either by the Client/Project Manager or the Freelancer), the Company will refund the total amount of the money provisioned within 15 days to the Client/Project Manager.
8.2 In the event of a disagreement between the Client/Project Manager and the Freelancer regarding the quality of the service, the scope, the ways and means or the stage of completion of the Task, the latter must inform the Company through customer services and do their best to discuss the issue and find a suitable solution within 45 days.
The Company may intervene in attempt to propose a solution for both parties.
In the absence of agreement within this period, and in the event that the Task would have been prepaid through escrow account, the Company will refund, in 15 days, the total amount provisioned for the Task to the Client/Project Manager, after deduction of a flat-rate fee of 90 Euros, which covers expenses incurred by the Company Payment service providers and the costs of handling the dispute.
Settling their dispute will then become the sole responsibility of The Client/Project Manager and the Freelancer.
IX – Commitments
9.1 The User agrees to access and use the Site and the Services in accordance with the laws in force and these Terms and Conditions.
In this regard, the User acknowledges that for the sole purpose of verifying compliance with these Terms and Conditions and applicable laws, the Company may inspect any Content published or exchanged on the Site.
Equally, he/she acknowledges that the Company may intervene to moderate any Content published, if it does not respect the laws and regulations in force as well as the obligations of the Users bound by the present Terms and Conditions.
9.2 The User commits to carry out all the declarations and formalities necessary for his/her activity, as well as to fulfill all his/her legal, social, administrative and tax obligations and all the specific obligations that apply to him/her under the French and/or foreign law that he/her depends of in the course of his/her business and the use of the Services.
If asked to, the User must immediately provide the Company with the required documents proving that he/she meets the conditions set out in the present article.
The User is solely responsible for the correct fulfillment of the aforementioned formalities. The liability of the Company cannot be incurred in this respect.
9.3 The User agrees to make fair use of the Site, in particular not to bypass the Site and Services. Similarly, the User must refrain from taking the Content from the Site for a similar or competitive use or for recruitment purposes.
9.4 The Client/Project Manager commits to submit serious and sufficiently detailed offers to the Freelancers he/she contacts via the Site in order to obtain a proposal.
The Client/Project Manager commits to giving the Freelancer any necessary information so that the description of the Task is as realistic as possible and does not mislead the Freelancer.
The Client/Project Manager must not use the Services or Site to promote his/her own activity or that of a third party. In this respect, he/she must not send publicity to other Users of the site.
9.5 The Client/Project Manager must not request cancellation of his/her provision payment whilst the Task is being undertaken.
Similarly, the Client/Project Manager acknowledges that the validation of the Task via the Site, amounts to receipt of the Task and order to irrevocably pay the Freelancer. Through this validation, the Client/Project Manager declares that the Task is finalized and compliant, and definitively waives its right to any claim or recourse against the Company regarding said payment.
In case the Client/Project Manager would not have validated the Task once it comes to an end, and without any answer to the reminders made by the Freelance and/or the Company, the Client/Project Manager acknowledges that the Company shall have the right to release the secured amounts to the benefit of the Freelancer, one month after unanswered notification sent to its user account email address.
9.6 The Freelancer must keep all conversations with Clients/Project Managers and information shared with him/her through the Site (whether this resulted in a collaboration or not) strictly confidential.
9.7 The Freelancer undertakes to offer its services and carry out Tasks via the Site only in it own name. Hence, the Freelancer shall not subcontract all or part of the Task to a third party. In case the Freelancer carries out its activity other than under a single member company, only the manager, president or shareholder of the company, natural person can invoice. It undertakes to create a profile on the Site, and to carry out the Task itself.
X – Liability
Users', Clients/Project Managers' and Freelancers' liability
10.1 The User is solely liable for any direct or indirect damage he may incur as a result of inaccurate, incomplete and/or misleading information that he/she may provide at the time of registration or if he/she does not update this information in the event of change. He/She alone will bear the consequences.
The User acknowledges and agrees that any notification under the present Terms and Conditions can be made through the email address contact it gave when creating its profile on the Site.
10.2 The User is solely liable for the entire Content he/she chooses to upload to the Site as the Company does not moderate content before it goes live on the Site.
The user must refrain from publishing Content which is abusive, defamatory, denigrating, racist, xenophobic, contrary to good morals, infringing, against public order or the rights of third parties or that will damage the Company's rights, reputation or image and more generally which could infringe the law and/or regulations, including of criminal nature.
10.3 The Client/Project Manager is solely liable for the description of the Task for which he/she requests a quote from the Freelancer. In the event of a mistake in the Task description, the Client/Project Manager will bear the consequences and any additional costs by formalizing an additional Task for the Freelancer via the Site.
10.4 The User is solely liable for the conclusion and execution of contracts associated to a Task he/she agrees to with another User through the Site. The Company intervenes only to facilitate the initial conversation. The conclusion and execution of contracts between a Freelancer and a Client/Project Manager take place at their initiative and under their exclusive responsibility.
10.5 The Freelancer acknowledges that the tools and technical means made available to him/her by the Company do not relieve him/her of his/her responsibility for his/her legal obligations. In particular, he/she acknowledges that he/she retains full responsibility for his/her legal and tax obligations, including any initial or rectified invoices issued in his/her name and on his/her behalf by the Company, in particular with regards to his/her obligation to declare earnings and pay VAT, in accordance with the Invoicing Mandate.
The Company's liability
10.6 The Company does its best to ensure access and proper functioning of the Site and Services 24h a day, 7 days a week. However, given the limitations of the Internet, the Company cannot guarantee that the access and functioning of the Site and Services won't be interrupted, particularly in a case of force majeure, of malfunction of a User's equipment or the Internet network, or in the case of modifications or improvements being made to the Site or Services.
As a consequence, the Company is not held responsible for the interruption of its Services, whether this is intentional or not, since it has been specified that it will do its very best to limit these interruptions.
10.7 The Company provides Freelancers and Clients/Project Managers with tools and technical means enabling them to contact each other in order to conclude a service contract through the Site. Its liability is restricted to the provision of these means, as described herein.
The Company is not held responsible for the frequency of presentation of the Freelancer profiles on its Site. The Company and User are independent parties, each acting in their own name and on their own behalf.
The Company does not conclude any contract in the name of or on behalf of a Freelancer or Project Manager, the latter contract directly with each other through the Site. As a consequence, the Company cannot be considered as an employee/employer.
As the Company is not a party in any way of the contracts between a Freelancer and a Client/Project Manager, the latter are solely responsible for any difficulties, claims and disputes which may arise during this completion of the relative Task. As a consequence, each User releases the Company from any responsibility for the direct or indirect consequences resulting from the introduction or the conclusion and/or the execution of a contract between a Freelancer and a Client/Project Manager.
As such, the Company cannot be held responsible for any cancellation of payment or revocation of payment authorization on the sole initiative of the Client/Project Manager, and the consequences that may result from this.
10.8 The Company shall do everything in its power to ensure the content and validity of the information and documents submitted by Freelancers on the site if they are established in France. However, the Company cannot be held liable in any way for breaches of their obligations, particularly in the fight against undeclared work and compliance with the rules of transparency, nor for the resulting damage.
Thus, the Company cannot be held liable for false, misleading or outdated information provided by the Freelancer.
Similarly, the Company reserves the right not to transmit Client/Project Manager messages to Freelancers if they do not respect the Terms and Conditions of the Site.
XI – Freelancer insurance
11.1 The Company has taken out a "civil liability service provider" insurance policy with AXA France IARD Mutuelle, in order to allow Freelancers to benefit from insurance coverage in the context of Tasks carried out via the Site, under the conditions provided by the policy.
This insurance covers the Freelancer as of the validation of the quote by the Client/Project Manager.
11.2 Details of the underwritten guarantees (including nature, limits, deductibles, etc...) are available here; Same for the specific terms and conditions of coverage of the AXA policy subscribed by the Company which are available here.
The Freelancer declares he/she has taken full knowledge of these by accepting the present Terms and Conditions.
The Freelancer accepts that in case of a dispute covered and taken over by the AXA policy which has been subscribed in its name and on its behalf by the Company, it shall remain liable towards the Company for the amount of the deductible specified under the specific terms and conditions. The Freelancer agrees as of now that this amount shall be charged on all amount due to the Freelancer by Clients/Project Managers for a Task carried out through the Site.
As an indication, and without such information adding nor taking away form the specific terms and conditions of the AXA policy subscribed by the Company, may the Freelancer's attention be drawn to the geographical scope of the policy, in particular in that damage resulting from services performed in the territories of the United States of America and Canada or destined for those countries are excluded from the guarantee.
11.3 The Company shall not be held liable for the non-application of the AXA policy to any damage whatsoever.
The Freelancer acknowledges that he/she is free to subscribe to his/her own insurance policy, in order to extend the scope and/or geographical/temporal scope of the guarantee covered by the AXA policy subscribed by the Company or to reduce the amount of the deductable.
XII – Personal data
The data processing modalities related to the use of www.malt.com online platform and to any other interaction with the Company are set out in the data protection policy available in the dedicated section of Malt’s website. This data protection policy also spells out the rights of access, rectification, deletion, portability and limitation which data subjects can exercise. The Company has designated a data protection officer, who can be contacted at the following email address: [email protected] and by mail to : DPO, Malt Community, 241 rue Saint Denis - 75002 Paris.
XIII – Cookies
For the proper functioning of the Site and Services, cookies are installed on the User's computer when he/she is connected to the Site. Cookies are small text files that are stored in the User’s browser or device by websites, applications, online media and advertisements.
XIV – Intellectual property
14.1 Of the Site:
The Site and all its elements, including but not limited to texts, images, videos, photographs, trademarks, logos, corporate names and domain names are the exclusive property of the Company or that of its partners.
These elements are protected by laws relating to intellectual property as well as others including copyright.
Any full or partial reproduction or representation of the Site or any of its elements without the consent of the Company is forbidden and is considered an infringement sanctioned by the law of intellectual property.
14.2 Of the Content:
Any User who publishes Content on the Site retains full ownership for everything he/she publishes.
By creating a profile or leaving recommendations on profiles, Users expressly authorize the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display such public Content on the Site, Social Media, blogs operated by the latter and/or any other medium (including physical and digital media, press releases, alerts, press kits, commercial or promotional materials), by all means, for improvement, promotion, marketing or advertising of the Services and the Site or for the purpose of setting up partnerships. This authorization is valid for the whole world and for the duration of the registration of the User.
The User acknowledges that for any use of its Content by the Company prior to his/her unsubscription, the deletion or termination of his/her account cannot be called into question.
XV – Hyperlinks
15.1 The User is authorized to create one or more hyperlinks directing for example to the homepage of the Site or to his/her profile page as a Freelancer.
Users shall not create links to pages that do not comply with the legislation in force or that are likely to harm the interests, reputation and/or image of the Site and Company.
In any case, the Company reserves the right to terminate this authorization at any time if it considers that the link established is likely to harm its interests, its reputation and/or its image.
In no case does the existence of a hyperlink from a third party site to the Site imply any cooperation and/or partnership between the Site and this third party site. The Company has no control over the sites of third parties and therefore does not take any responsibility for the content and products and/or services available on or from these third party sites.
15.2 The Site may contain links to partner sites of the Company or third party sites. The Company has no control over these sites and therefore takes no responsibility for the availability of these sites, their content and the products and/or services available on or from these sites.
The Company shall not be held liable for any direct or indirect damage that may arise in connection with the User's access to the partner's and/or third party's websites and the use of any content products and/or services of this site by the User.
XVI – Duration, cancellation and sanctions.
The present contract is concluded for an indefinite period as of the acceptance of the Terms and Conditions by the User.
In case of use of the Site and Services in breach of said Terms and Conditions, and or in violation of the laws and regulations in force, the Company shall suspend without notice the User’s account as well as refuse any future access to all or part of the Site/Services to the User without prejudice to any damage and potential interest that the Company may be entitled to claim.
The Company shall, in addition, five (5) days after having informed the User by the means of the Site’s messaging tool, terminate by right the User’s account, and this, with no indemnity due to any title whatsoever.
This sanctions shall be taken in particular in the following cases :
- Communication of false information by Users (documents, localization, experience...);
- Circumvention of the Site;
- Sub-contracting of Tasks entrusted to Freelancers, to employees or third parties.
In addition, in case the User is subject to repeated disputes or alerts from Clients/Project Managers transmitted to the Company’s customer service, the Company shall be entitled to hinder the visibility of the content hosted amongst the search results, to suspend or terminate said User’s account.
The termination of the User’s account by the Company shall be cause of termination as of right of the present Terms and Conditions.
XVII – Customer service
For any questions regarding the Site and Services, the User may contact the Company via the "contact" button on the Site or send an email to [email protected].
XVIII – Nullity – Waiver
In the event that one of the clauses of the present contract is declared null and void by a change of legislation, by regulation or by a court decision, this does not affect the validity of these Terms and Conditions.
The failure of the Company to exercise its rights under this Agreement does not constitute a waiver of rights.
XIX – Modification of Terms and Conditions
The Company reserves the right to modify all or part of the present Terms and Conditions. The Company will inform the User of such modifications brought to the present Terms and Conditions as soon as they are published on the Site. In the absence of adherence to the new Terms and Conditions, the User has a period of 24 hours from the date of notification to inform the Company by email.
In the event that the User has not notified his/her disagreement within the aforementioned period, he/she will be deemed to have accepted the modifications.
XX – Applicable law and jurisdiction
The present Terms and Conditions are subject to French law. Any dispute relating to their formation, conclusion, interpretation and/or execution is under the exclusive jurisdiction of the Paris Cour d'Appel.
Date of latest changes: 1st of December 2019