for the use of Blonk Solution
The Blonk Solution (hereinafter referred to as the “Solution”) is aimed at helping professionals and companies (hereinafter referred to as the “Recruiters”) design media materials, publish job opportunities (hereinafter referred to as the “Jobs”), connect with selected applicants and track them either for purposes of external recruitment, for all persons matching with the criteria of the Jobs (hereinafter referred to as the “Applicants”) may apply, or in-house mobility, for other members of the Client’s personnel matching with the criteria of the Jobs (hereinafter also referred to as the “Applicants”).
The Recruiters and the Applicants are hereinafter jointly referred to as the “Users”.
The Solution is made up of:
a software desktop and mobile application, that can be accessed at the address: www.blonk.co (hereinafter referred to as the “Site”), allowing Recruiters to publish Jobs and to view the Applicants’ profiles who applied for them (hereinafter referred to as the “Recruiter Application”);
a software desktop and mobile application allowing Applicants to access to and apply for Jobs (hereinafter referred to as the “Candidate Application”);
a software infrastructure aimed at designing media materials, publishing adverts, engaging candidates, managing the matching between the Jobs and the answers of the Applicants, as well as to follow the recruitment process (hereinafter referred to as the “Back-Office Application”).
The purpose of these general terms and conditions (hereinafter referred to as the "General Terms and Conditions") is to define the terms and conditions of use of the services provided on the Solution (hereinafter referred to as the “Services”) as well as to define the rights and obligations of the various parties within this context, including the Users.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Recruiter Application and the Candidate Application.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
Manager of the Solution and Services, Contact Details
The Solution and the Services are managed by the company BLONK GROUP, a French simplified joint stock company (“Société par Actions Simplifiée”), registered under number 818 145 120 with the Registry of Trade and Companies of Paris, whose head office is located in Paris, France (hereinafter referred to as “BLONK”).
BLONK can be contacted through any of the following channels:
Email address: email@example.com
Access to the Solution and the Services
The Solution and the Services can be accessed by:
Any person having the full legal capacity to be bound by these General Terms and Conditions of Use. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative.
Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
Users may subscribe to the Solution as Recruiters or Applicants, in accordance with the conditions laid down in article 5. They expressly acknowledge and accept that their subscription to the Solution in one of these status may condition their access to some of the Services.
Users which subscribe to the Solution and the Services as Recruiters must be exclusively professionals, understood as any person or entity who has a regular remunerated activity in any branch of trade or industry.
Acceptance of the General Terms and Conditions
Applicants can accept these General Terms and Conditions by checking a checkbox when downloading the Candidate Application, as provided in article 5.
Recruiters which register to the Solution through the Site can accept the General Terms and Conditions by checking a checkbox in the registration form.
The acceptance of these General Terms and Conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any User who does not accept to be bound by these General Terms and Conditions must not access the Solution or use the Services.
Registering to the Solution
Registering of Recruiters
In order to use the Services, the Recruiters must register on the Desktop Application, by completing the registration form available on the Site, once they have selected the appropriate Service package among those proposed on the Site. The Recruiters must provide all information that is marked as being required. Incomplete registrations shall not be validated.
In case a Recruiter intents to use the Solution for purposes of in-house mobility, its registration is subject to a prior submission to BLONK, by any written means including email, of a list of the valid email addresses that may be used by the members of its personnel (hereinafter referred to as the “Email Address List”).
The Recruiters expressly acknowledge and accept that they are solely responsible for providing to BLONK all further updates of the Email Address List during their use of the Solution. BLONK should not be held liable in this respect.
Recruiters’ registration is deemed validated when they have paid the price of the Services, as stated in article 9 and, where appropriate, when they have provided to BLONK the Email Address List.
BLONK notifies to the Recruiters, by email, the validation of their registration and provide them with their connection ID and passwords.
Registering of Applicants
In order to use the Services, the Applicant must access the Candidate Application through the job landing page URL ("Job Landing Page") provided in various sourcing channels or directly in the web stores indicated on the Site, in particular Mac App™ Store or Google Play.
Applicants expressly acknowledge and accept that, when downloading the Candidate Mobile Application, they are subject to the general terms and conditions applicable to these web stores.
Once the Applicants comply with the registration process indicated in the Candidate Application, including by indicating their details.
In case the Solution is used for purposes of in-house mobility, the Applicants’ registration is subject to the prior check by BLONK of the validity of their email addresses, with regards to the Email Address List.
BLONK notifies to the Applicants, by email, the validation of their registration and provide them with their connection ID and passwords.
Opening of accounts
Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that BLONK deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Personal Space by logging in to the Recruiter Application or, where appropriate, the Candidate Application, using their connection ID and their password.
They are responsible for keeping their connection ID and password confidential. Users must contact BLONK immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions if they notice that their Account has been used without their knowledge. Users acknowledge BLONK’s right to take all measures it deems appropriate in a case such as this.
Option for Recruiters to open sub-accounts
Recruiters have the possibility, by selecting the appropriate Service package to proceed to the opening of sub-accounts for the members of its personnel (hereinafter referred to as the “Sub-Accounts”).
To this end, the Recruiters must select the members of its personnel being authorized to access and use the Solution (hereinafter referred to as the “Sub-Users”) and appoint an administrator among the Sub-Users (hereinafter referred to as the “Administrator”), that shall be in charge of the opening of Sub-Accounts, the nature of the rights given to each Sub-User, the provision of their connection ID and password, as well as the creation of Jobs in accordance with the conditions laid down in article 7.2.
Personal and non-commercial use
Accounts and, where appropriate, Sub-Accounts are personal and non-transferable.
Users undertake to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users also undertake not to transfer, sublicense, delegate or assign o any third party, in any way, all or part of their rights and/or obligations under these General Terms and Conditions, including their access to the Solution and/or the Services, as well as all information, data, texts, images audio-visual contents and any other content being exploited by BLONK through the Solution (hereinafter referred to as the “BLONK Content”) and/or published by other Users through their use of the Services (hereinafter referred to as the “Users Content”).
Description of the Services
Users have access to the following Services, in a format and according to the technical means that BLONK deems the most appropriate.
Services provided to Applicants
Creation of a profile
Applicants have a profile page (hereinafter referred to as the « Profile ») on which they fill all requested information with regards to their identity and professional experience.
They have the possibility to publish all User Contents, including resumes, photographs and/or videos, for purposes of presenting their professional skills and experiences.
Applicants expressly acknowledge and accept that they may not apply for any Job before having completed their Profile.
Access to Jobs
Applicants can access to a specific Job through a Job Landing Page or they can access multiple Jobs through their Personal Space within the mobile app. where they can select various search criteria and set their expectations (hereinafter referred to as the “Expectations”).
Within their Personal Space, when they have entered selected Expectations, Candidates automatically receives all the Jobs matching with such Expectations.
Application for jobs
When an Applicant is interested in a Job, he/she may apply for it by clicking the “Apply” button in the Job Landing Page or the "Like" button within the mobile app. The Applicant also has the possibility to refuse a Job by clicking the “Dislike” button.
Services provided to Recruiters
Selection of the Applicants
The Recruiters have access to the Profiles of the Applicants who applied for the Jobs they have published and may proceed to a first selection of said Applicants, by clicking the “like” button made available for this purpose.
When an Applicant is selected by a Recruiter, BLONK notifies so to this Applicant, according to the process indicated on the Candidate Mobile Application, and asks him/her whether he/she accepts to be connected with this Recruiter.
If he/she accepts so, both Applicant and Recruiter are matched by BLONK.
Access to the Profiles
BLONK pre-selects Applicants that are likely to be of interest to the Recruiters and make their Profiles available to the Recruiters, through their Personal Space.
When a Recruiter is interested in an Applicant’s Profile, it may select it by clicking on the “like” button made available for this purpose. The related Applicant is then notified by BLONK, according to the process indicated on the Candidate Application, and asked whether he/she accepts to be connected with this Recruiter.
If he/she accepts so, both Applicant and Recruiter are matched by BLONK.
Publication of the Jobs
The Recruiters proceed to the publication of the Jobs, according to the process indicated in the Desktop Application. It is their responsibility to specify the criteria to be fulfilled by the Applicants for the related vacancies.
They have the possibility to publish in the Jobs all User Contents, including photographs and/or videos, for purposes of illustrating the positions offered, as well as the professional skills and experiences needed from the Applicants.
Common Services to all Users
When a Recruiter and an Applicant are matched, as provided here-above, they have access to a private chat service that allows them to communicate directly with each other in order to carry on the recruitment process.
The follow-up and the achievement of the recruitment process are made exclusively by the Recruiter and are its sole responsibility.
When the recruitment is achieve and an Applicant is hire for the position object of a job, the Recruiter undertakes to notify so to BLONK, through any of the channels mentioned in article 2.
Users expressly declare being informed that all data they publish and exchanged within their use of the Services, including the User Contents, are hosted in compliance with trade practices and industry standards, on servers, or by a professional hosting provider, the latter conducting its business in compliance with trade practices and industry standards.
BLONK is hosting these data and User Contents. As such, BLONK does not provide any pre-moderation or preliminary control of these data and User Contents prior to their publication on the Solution, except those required by law.
BLONK reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
Term of the Services, cancellation
Term of the Services for Applicants
Subscription to Services is taken out by Applicants for a term of unlimited duration.
Applicants can opt out of the Services at any time, by sending a request to BLONK by email, at the email address mentioned in article 2.
Their subscription shall be cancelled within a maximum of 15 (fiveteen) days from the date of this request. This shall cause the automatic deletion of their Account.
Term of the Services for Recruiters
Recruiters subscribe to the Services in the form a subscription (hereinafter referred to as the "Subscription").
Subscription begins at the date of registration, in accordance with the conditions laid down in article 5, for the period subscribed by the Recruiter (hereinafter referred to as the "Initial Period"), from date to date.
It is then automatically renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, with the Initial Period, as the "Subscription Period(s)"), from date to date, unless notice of termination is given by either BLONK or the User at the latest one (1) week before the term of the current Subscription Period.
Recruiters can cancel their Subscription by sending a request to BLONK by email, at the email address mentioned in article 2.
Subscription cancellation is effective upon expiration of the last Subscription Period and causes the automatic deletion of the Recruiter’s Account, along with all corresponding stored content, as well as the Jobs.
Any Subscription Period started is due in its entirety.
Free Services for the Applicants
Services are provided free of charge for the Applicants.
Prices payable by the Recruiters
The price to be paid by Recruiters for the access to the Solution and the provision of the Services thereto is set as follows:
If the Solution and the Services are used for purposes of outside recruitment, the Recruiters shall pay a Subscription fee, dependant on the number and level of Jobs and the number of Users and/or, where applicable, Sub-Users;
If the Solution and the Services are used for purposes of in-house mobility, the Client shall pay an access pricing and a Subscription fee dependent on the number of Users and Sub-Users.
The detailed price setting and the applicable rates are indicated in the Service packages, provided by Blonk. Unless otherwise stated, these rates are indicated in Euros and are exclusive of taxes.
BLONK reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
The prices provided here-above may be revised by BLONK at any time, in its sole discretion.
The Recruiters will be informed of this revision by BLONK by any written mean (including email), at least two (2) months before the entry into force of the new prices.
When effective, the new prices apply upon the renewal of the Subscription.
The Recruiters who do not accept the new prices must cancel their Subscription according to the provisions set out in Article 8. Recruiters who continue to use the Solution and the Services after the entry into force of the new prices shall be deemed to have accepted them.
Invoicing and payment
BLONK shall issue invoices for the prices provided in article 9.2, for each Subscription Period. These invoices will be sent to each Recruiter through any pertinent channel.
The price of the Subscription is due and the payment is carried out on the day of the first subscription, then on the date of each Subscription renewal.
This payment can be carried out through bank online transfer or checks posted to Blonk address.
Recruiters guarantee to BLONK that they have all the necessary authorizations to use the chosen payment mode.
Payment delays and incidents
Any payment delay of all or part of an amount at its due term, shall automatically entail, without prejudice to the provisions set out in article 15, and after prior formal notice by registered letter with acknowledgement of receipt, the contents of which have not been respected within the period indicated in it:
Forfeiture of the term of all amounts payable by the Client, regardless of the terms of payment that had previously been agreed,
Immediate suspension of the Contract until complete payment of all amounts due by the Client is received,
Invoicing by BLONK of a late payment interest at the rate of five (5) times the legal interest rate, calculated on the total of all due amount that were not paid on time, as well as a lump sum of forty (40) euros for costs recovery, unless otherwise stated in the Offer.
This rate shall be calculated based on periods of one calendar month and that any month started shall be counted as a whole month.
Right of withdrawal for Applicants
Applicants are informed that they benefit a right of withdrawal for a period of fourteen (14) days from their registration on the Candidate Mobile Application.
They may exercise this right by sending to BLONK, through any of the channels mentioned in article 2, before expiry of the above-mentioned withdrawal period, the withdrawal form, a model of which is attached in Appendix, or any other statement, devoid of all ambiguity, expressing their willingness to withdraw.
Applicants have the possibility to waive to exercise their withdrawal right, pursuant to article L.221-28 of the French Consumer Code, as the Services are effective immediately and therefore fully provided by BLONK, by sending the waiver form, a model of which is attached in Appendix, or any other statement, devoid of all ambiguity, expressing their willingness to waive their withdrawal right.
Users expressly acknowledge and accept that:
Data collected on BLONK's Solution and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
This data is a means of acceptable proof between the parties, in particular for the calculation of amounts due to BLONK..
Obligations for Users
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Obligations for all Users
Users undertake to provide BLONK with all documents, data and information necessary for the proper performance of the Services and the appropriate fulfilment of BLONK’s obligations under these General Terms and Conditions.
More generally, Users undertake to actively cooperate with BLONK with a view to ensuring the proper performance of the Services and to keep BLONK informed with any difficulty in such performance.
Users acknowledge having read on the Solution and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
In particular, Users are is solely responsible of the relationships they may have developed and information they may have exchanged with other Users within their use of the Services. They are responsible for exercising appropriate caution and good judgement in such relationships and exchanges. Besides, they undertake to respect the customary rules of politeness and courtesy in their exchanges with other Users.
Users undertake, in their use of the Solution and the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Each User is solely responsible for the User Contents they publish and exchange within their use of the Solution and the Services.
Each User guarantees BLONK having all the necessary rights and authorizations for the publication of their User Contents.
Users agree that their User Contents are legal, do not disrupt public order, are not contrary to accepted standards of public decency, do not infringe any third party rights or legal provision and / or regulation, and, more generally, are in no way likely to bring the civil or criminal liability of BLONK into play.
Users therefore agree to refrain from publishing, in particular, but not limited to:
User Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature,
Counterfeit User Content,
User Content that is detrimental to the image of any third party,
User Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities,
User Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.),
And, more generally, any User Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
For purposes of implementing the Services, Users grant to BLONK a non-exclusive license to use their User Contents that may be protected by intellectual property rights, for the legal term of their protection, with the following terms:
Users agree that their User Contents may be published free of charge by BLONK, on the Site,
They agree to their User Contents may be published by BLONK by any means and on any medium, with the purpose of promoting the Website,
They agree to their editorial User Contents being translated into any language,
They acknowledge and agree that their User Contents may be subject to modifications especially concerning its scaling, format and colour, as well as to alteration or deterioration of its quality depending on the technical constraints of the Solution,
They renounce claiming any type of payment, fee, royalty, indemnity or financial compensation from BLONK in this respect.
Users shall take all necessary measures to back up through their own resources the information they deem necessary in their Personal Space, as no copy of this information shall be provided to them.
Users expressly acknowledge that the Solution and the Services provide them with an additional solution, not an alternative solution, for for outside recruitment or in-house mobility and that this solution cannot substitute other means that Users may dispose of elsewhere to reach the same goal.
Users expressly acknowledge that the use of the Solution and the Services require that they should be connected to the internet and that they are solely responsible for such connection.
Obligations specific for Recruiters
Each Recruiter is solely responsible for successfully completing all necessary administrative, tax and / or social formalities, as well as for the payment of contributions and taxes of all types concerning them that could result from their use of the Solution and the Services. BLONK shall in no case be held liable in this respect.
In case a Recruiter has subscribed to the option for the opening of Sub-Accounts, such Recruiter is solely responsible for the use of the Solution and the Services by Sub-Users, as well as for its relations with the Sub-Users and/or the relations between the Sub-Users, including any difficulty which may occur within the use of the Solution and the Services and all information and data exchanged between them.
In case the Solution and the Services are used for purposes of in-house mobility, the Recruiter is also solely responsible for the use of the Solution and the Services by the Applicants, as well as for its relations between the Sub-Users and the Applicants and/or all information and data exchanged between Sub-Users and Applicants.
BLONK should not be responsible for any difficulty that may arise in this context.
The Recruiters are solely responsible of all database, with regard to the Applicants, that they may set up and manage through their use of the Solution and the Services.
They are also solely responsible for the processing of the personal data that may be collected via the Solution, as provided in article 18.
Obligations specific for Applicants
Applicants undertake to publish in their Profile or to provide to the Recruiters information and data that are accurate, current and truthful, as well as not deceptive or likely to mislead. They undertake to update such information and data so that they keep meeting these criteria.
Each User undertakes to defend, indemnify and hold BLONK harmless from and against any claims, demands, actions and/or grievances whatsoever, that BLONK could incur as a result of a breach by this User of any one of its obligations or guarantees under these General Terms and Conditions.
Users undertake to compensate BLONK for any prejudice that BLONK could be subject to, and to pay any costs, liabilities, charges and / or convictions that BLONK could incur, as a result of such a breach.
It is strictly prohibited to use the Solution and the Services to the following ends:
Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
Violating public order or any local policy or laws,
Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
Sending unsolicited emails and / or prospecting or commercial solicitation,
Tampering with the aim to improve referencing of another site,
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
And more generally, any action that uses the Services for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of BLONK's Solution.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Solution and/or the Services, (ii) any hacking or attempts to hack into BLONK's IT systems, (iii) any hijacking of the Solution's system resources, (iv) any acts that would place a disproportionate load on the Solution's infrastructure, (v) any attempts to breach the Solution's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of BLONK or of the Users of its Solution and finally, more generally, (vii) any breach of these General Terms and Conditions.
Sanctions for breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions or more generally, of any infringement by the former of any laws and regulations in force, BLONK reserves the right to take any measures it deems appropriate and in particular:
To suspend access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
To delete all or part of the User Content placed by the latter online on the Website,
To publish on the Site any related informational message that BLONK deems useful,
To inform any relevant authorities,
To commence and prosecute any legal proceedings.
In the event of a breach by an Applicant of a substantial obligation stipulated in these General Terms and Conditions, BLONK reserves the right to immediately cancel the Applicant’s access to all or part of the Services, effective immediately, by letter, fax or email.
In the event of a breach by a Recruiter of a substantial obligation stipulated in these General Terms and Conditions, BLONK reserves the right to cancel the Recruiter’s access to all or part of the Services, fifteen (15) days after the Recruiter has received notice from BLONK, by registered letter with acknowledgement of receipt, stating the BLONK's intention to apply this clause, if the Recruiter has failed to cure such breach, this without prejudice to any damages that could be claimed from the Recruiter.
The cancellation will cause the automatic deletion of the User’s Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions.
Liability and guarantee of BLONK
BLONK undertakes to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
BLONK undertakes to set up adequate procedures in order to strengthen the security of the functioning of the Solution, as well as the security and the confidentiality of information and data exchanged between the Users within their use of the Services, and to prevent any failure, intrusion or intrusion attempt by malicious third party.
However, BLONK should not be held responsible for any lack of vigilance or security by the Users in the preservation of their connection ID.
BLONK has no knowledge of User Contents being posted on the Solution within the context of the Services, and shall not moderate, select, check or monitor in any way these User Contents, with regard to which BLONK only intervenes within the role of hosting provider.
Consequently, BLONK cannot be held liable for User Contents the authors of which are third parties, and any potential claims should be made firstly to the author of the User Content in question.
Any User Content that causes prejudice to a third party can however be the subject of a complaint to BLONK within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, BLONK reserving the right to take the measures set forth in Article 15 of these General Terms and Conditions.
BLONK acts in its own name and does not execute any legal act in the name of or on behalf of Recruiters or Applicants, which establish contracts directly between themselves.
BLONK is not a party to contracts between Recruiters and Applicants and shall under no circumstances be held liable in respect of difficulties which may occur during the conclusion or performance of such contracts, nor be a party to any potential disputes whatsoever between Recruiters and Applicants in particular concerning recruitment or mobility processes, guarantees, statements or any other obligations to which Recruiters or Applicants would be bound.
However, in order to constantly improve the quality of the Services, BLONK invites Users to submit all comments and information that they may wish to bring to its attention concerning the quality of transactions made using the Services.
BLONK does not guarantee to the Client that the Solution and the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, BLONK reserves the right to interrupt access to the Website momentarily for maintenance purposes. In the same way, BLONK shall not be held liable if the Solution is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside BLONK's control, force majeure, or due to any disruption in the telecommunications network.
BLONK does not guarantee either that the Solution and the Services shall specifically meet the Client’s needs or expectations. In particular, BLONK should not be held responsible if a Recruiter does not find an accurate Applicant for one of its Jobs or if no Applicant apply for an Job.
In any event:
any liability that could be incurred to Applicants by BLONK within the context of these General Terms and Conditions is expressly and solely limited to direct actual damages suffered by Applicants;
BLONK shall not be held liable to Recruiters for the payment of damages of any kind, whether they be direct, materiel, commercial, financial or moral, for an amount exceeding the total amount invoiced by BLONK in the six (6) months prior to the time the alleged damages occurred.
Even so, BLONK shall be held liable only in case Recruiters issue a claim by sending a registered letter with acknowledgement of receipt within one month of such event.
Intellectual Property of BLONK
These General Terms and Conditions do not confer to the Users any intellectual property rights relating to the Solution, which remain entirely and exclusively the property of BLONK. The Users only have a license of use of the Solution within the limits of these General Terms and Conditions.
The systems, software, structures, infrastructure and databases used by BLONK in the Solution, as well as the BLONK Content, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without BLONK’s authorization, is strictly prohibited and could lead to prosecution.
Personal data collected by Recruiters
The Recruiters undertake to keep strictly confidential the personal data that they may collect through the Solution, to take all necessary measures aimed at ensuring their security and confidentiality and not to use all or part of these personal data for any other purposes than operating the Services.
They are solely responsible for complying with all obligations and regulations they are subject to with regard to the protection of personal data, including the completion of all required declaration to the relevant Data Protection Authorities.
The Recruiters expressly acknowledge and accept that BLONK only acts as a subcontractor, in order to implement all necessary means for maintaining the security and the confidentiality of these personal data.
Links and Third-Party Sites
BLONK can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Candidate Mobile Application, the Desktop Application and/or the Site.
BLONK shall not be liable for content, jobs, products and / or services available on such third party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
BLONK shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
Recruiters expressly authorize BLONK to cite and use as appropriate a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
Relationship between the parties
It is expressly agreed that neither of the parties shall be entitled to use the provisions of these General Terms and Conditions to claim, in any way, the status of agent, representative or employee of the other party, or to enter the other party into any commitment with a third party, beyond the Services provided for herein. No special legal structure is formed between the parties hereto, each party keeping its total independence, its responsibilities and its own clients.
BLONK reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out in Article 8.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
In the event of a dispute in relation with these General Terms and Conditions, the Applicants can turn to a consumer mediator, free of charge.
A list of certified mediators can be viewed on the internet site of consumer mediation, which is available at the following link: http://www.economie.gouv.fr/mediation-conso.
Applicants also have the possibility to file a claim through the online dispute resolution platform, which is available at the following link:
This link is also available on the Site, within heading Online dispute resolution.
In the event of failure in the appointment of the mediator or in the achievement of the mediation, either party may appeal to the appropriate court, as provided in article 24.
Law and Jurisdiction
These General Terms and Conditions of Use are subject to French law and shall be interpreted and governed by such.
Any dispute that may arise in connection with their interpretation, their validity or their enforcement shall fall within the exclusive jurisdiction of the courts of Paris (France).
Entry into Force
These General Terms and Conditions became effective on 1st Jan 2019.
Please fill in this form if you wish to exercice your withdrawal right.
114, rue des Dames
Email address: firstname.lastname@example.org
I hereby notify you my withdrawal of the services proposed by the company BLONK, subscribed according to the following terms:
Date of registration:
Name of the customer:
Address of the customer:
Comments (if any):
Signature of the customer (only when this form is sent by post:
Please fill in this form if you wish to waive your withdrawal right:
114, rue des Dames
Email address: email@example.com
I hereby notify you that I waive my withdrawal rights for the services proposed by the company BLONK, subscribed according to the following terms:
Date of registration:
Name of the customer:
Address of the customer:
Comments (if any):
Signature of the customer (only when this form is sent by post: