General Terms and Conditions of Sale
1. Purpose
These General Terms and Conditions of Sale (the “Terms”) define the terms and conditions under which the Whileresume platform (the “Platform”), operated by MIRTILLO EURL, 2 rue de la Hollau, 67540 Ostwald, provides companies and recruiters (the “Client”) with a job advertisement publishing service (the “Service”).
Placing an order constitutes full and unconditional acceptance of these Terms.
2. Description of the Service
The Service includes:
- publishing job advertisements on the Whileresume Platform, where they can be viewed by registered candidates and visitors;
- connecting the Client with interested candidates through applications submitted directly via the Platform;
- access to a recruiter area for managing published advertisements and applications received.
The Platform reserves the right to improve, modify or develop its services without this entitling the Client to compensation.
3. Subscription and publication terms
- Access to the Service is provided through an annual subscription allowing job advertisements to be published on the Platform, in accordance with the available plans.
- The subscription is entered into for one (1) year from the subscription date. It is automatically renewed for successive one-year periods unless terminated by the Client in accordance with Section 7 below.
- The Service is reserved for professionals—including companies and recruitment agencies—seeking to publish genuine and lawful job opportunities.
- The Client warrants that each published advertisement relates to a genuinely available position and contains no discriminatory, misleading or unlawful statement, particularly under the French Labour Code.
4. Pricing and billing
The annual subscription price is displayed on the Platform in euros (EUR) or US dollars (USD), according to the Client’s choice when subscribing. Prices are stated exclusive of tax. The applicable tax is specified at checkout according to the Client’s country.
Whileresume reserves the right to change its prices at any time, provided that it informs the Client at least thirty (30) days before the annual renewal date.
An invoice is issued annually on the subscription or renewal date and is payable upon receipt by bank card or bank transfer, unless otherwise agreed in writing.
In the event of automatic renewal, the Client will be notified by email of the forthcoming renewal at least thirty (30) days before the renewal date.
Any late payment will, without prior formal notice, incur late-payment penalties calculated at the applicable statutory rate, together with a fixed €40 recovery fee pursuant to Article L. 441-10 of the French Commercial Code.
5. Client obligations
The Client agrees to:
- publish only genuine, accurate job opportunities that comply with applicable regulations, particularly the rules against discrimination in hiring under Article L. 1132-1 of the French Labour Code;
- not use the Platform to publish misleading or fraudulent advertisements, or advertisements unrelated to an actual recruitment process;
- process applications in accordance with applicable personal-data protection legislation, including the GDPR, and not use candidate data for any purpose other than recruitment;
- not reproduce, resell or commercially exploit candidate data or Platform features for the benefit of third parties.
If the Client fails to meet these obligations, Whileresume may suspend or terminate the Client’s access without compensation or refund and may immediately remove any non-compliant advertisement.
6. Advertisement moderation
Whileresume reserves the right to moderate, reject or remove any advertisement that does not comply with its editorial rules or applicable regulations, without being required to provide justification and without any entitlement to a refund where the Client has manifestly breached its obligations.
The Platform is not responsible for the content of advertisements published by the Client, who assumes full editorial and legal responsibility for them.
7. Termination
The Client may terminate its subscription at any time through its online account or by emailing support no later than thirty (30) days before the annual expiry date. Termination takes effect at the end of the current annual period, with no prorated refund for the remaining period.
Whileresume reserves the right to suspend or automatically terminate the Client’s access in the event of a serious breach of these Terms, without any refund being due.
8. Intellectual property
All content, trademarks, logos and other elements of the Platform remain the exclusive property of Whileresume. The Client acquires no intellectual-property rights in the Platform or its content. By publishing an advertisement, the Client grants Whileresume a non-exclusive licence to distribute that advertisement on the Platform and through any distribution partners.
9. Personal data
The Client is informed that use of the Service involves the processing of personal data (see the Privacy Policy — Recruiters/Companies). As the data controller for the applications it receives, the Client undertakes to comply with the GDPR when processing candidate data.
10. Governing law and jurisdiction
These Terms are governed by French law.
Any dispute concerning their performance or interpretation will be subject to the exclusive jurisdiction of the courts having territorial jurisdiction over Ostwald.