Terms and Conditions – English version

Last update done on 24/05/2016,

IT IS IMPORTANT TO READ AND UNDERSTAND OUR TERMS AND CONDITIONS.
BY ACCESSING OR USING OUR SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE OUR WEBSITE AND/OR TRY TO BENEFIT FROM OUR SERVICES.

Definitions

  • “Planet Expat”, “us”, “we” shall mean Planet Expat S.A.R.L., a corporation registered in France.
  • “Candidate” shall mean any and all individual(s) who applied to the Program to obtain an Internship or a Job position.
  • “Selected Candidate” shall mean any and all Candidate(s) selected by the Hiring Company for an Internship or Job position.
  • “Hiring Company” shall mean all and any legal entity entering into a service agreement with Planet Expat in order to find Candidates for an open Internship or Job position.
  • “Agreement” shall mean the contractually binding agreement made between Planet Expat and any Candidate that is made up of the Candidate application form and the terms and conditions defined in this document.
  • “Program” shall mean any set of services provided by Planet Expat to the Candidate or the Hiring Company.
  • “Program Fee” shall mean the amount of money charged to the Candidate or the Hiring Company for his/her participation to the Program. It means the sum of the Deposit and the remaining Balance payable by the Candidate or the Hiring Company.
  • “Deposit” shall mean the part of the Program Fee paid by the Candidate or the Hiring Company to Planet Expat to secure his/her place on the Program, prior to payment of the Balance of the Program Fee.
  • “Website” shall mean the Planet Expat website: www.planetexpat.org
  • “Internship” shall mean an opportunity to integrate undergraduate/postgraduate education training with a career related experience by participating in planned, supervised work. An Internship shall not last more than 12 months.
  • “Written Form” shall mean the medium of communication constituted by paper mail and email sent to and/or by Planet Expat.
  • “Job”: shall mean an opportunity to integrate a Hiring Company as a permanent employee, based on the specific conditions of an agreement negotiated between the Candidate and the Hiring Company.
  • “User” shall mean any and all individual(s) accessing and/or using the Website.

In consideration of the principles and mutual promises contained in this Agreement, both Parties agree to the following:

Eligibility

1. The Service is intended solely for users who are over 18 years of age and have the ability to enter into contractual relations.

2. By using the Service, you certify that:

a. You are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.
b. You have read and expressly agreed to these terms and conditions, along with the Website content (including the FAQ page).

3. Any registration or use of the Service by anyone under 18 or who has no capacity to contract is unauthorized and in violation of this Agreement.

4. Planet Expat may, at any time, modify the present terms and conditions which will be enforceable upon publication on the website.

5. The Candidate and the Hiring Company have to keep abreast of new provisions. Each new useage of services constitutes the acceptance of the last terms in force.

6. For the Hiring Company, the representative certifies he has the power to contract someone on behalf of that legal entity.

7. If you violate any term of this Agreement, or violate any other agreement with Planet Expat, we may delete any content or information that you have provided through the Service and/or prohibit you from using or accessing our products and services or the Website.

8. If you do not want to be bound by these terms, please do not access, use or apply to our Program, and/or Service, and/or Website.

Responsibilities of Planet Expat

9. In return of the Program Fee, Planet Expat shall provide the following service(s) to the Candidate entering the Program:

a. A placement in an Internship or a Job position abroad based on the wills communicated by the Candidate;
b. We have the sole decision for the validation of a Candidate or Hiring Company’s registration. Planet Expat has the right to refuse any and all invidual(s) from registrating, without compensation or recourse.

10. Planet Expat reserves the right to ask the User any legal proof of his/her identity.

11. The Planet Expat team sends an email to the Candidate to let her/him schedule an interview with a recruiter, when the Candidate’s registration is validated.

12. Planet Expat shall provide the following service(s) to the Hiring Company:

a. Formalize Internship/Job offer(s) based on the needs the Hiring Company communicated to Planet Expat;
b. Broadcast offer(s) to a wide range of potential qualified Candidates;
c. Conduct the Candidate pre-selection process;

13. This Agreement shall constitute a best efforts agreement, as Planet Expat cannot guarantee that the hiring process will lead to a success placement for the open position, whether it is an Internship or a Job.

Deposit and Program Fee

14. Upon application to the Program, all Candidates must pay the Deposit as defined in the pricing structure related to each destination and type of Internship or Job.

15. Following the payment of the Deposit and the selection by a Hiring Company for a desired Internship or Job, the Planet Expat fee must be paid within 21 days of receiving the invoice (via email).
Invoices not paid within terms are subject to a 20% yearly (1.53% monthly) compound interest penalty.
An additional collection fee of 60 EUR will be charge in all cases.

16. For the Selected Candidate, the remaining Balance of the Program Fee is equal to the total fee due from which must be deducted the amount of the Deposit already paid.

17. For the Hiring Company, the remaining Balance of the Program Fee is equal to total fee due, from which must be deducted the amount of the Deposit already paid.

18. Planet expat agrees to refund the Candidate his Deposit within 7 days (except in case of “force majeure” as defined by the French law).

19. Planet expat agrees to refund the Candidate his Deposit, upon request, within 12 months after payment. After those 12 months, no refund will be possible.

Responsibilities of the Candidate and the Hiring Company

20. The Candidate agrees to pay the Deposit upon reception of the invoice sent by Planet Expat via email, right after her/his first interview with a Planet Expat recruiter. The participation to the Program will start on the day the Deposit payment is made.

21. The Candidate agrees to communicate to Planet Expat his/her needs, goals and requirements related to the placement and to provide all necessary information for Planet Expat to put forward suitable Internship or Job offers.

22. The Candidate agrees to pay the Balance of the Program Fee to Planet Expat as defined in section 16 of this document should he/she be selected by a Hiring Company for a suitable Internship or Job.

23. The Hiring Company agrees to pay the Balance of the Program Fee to Planet Expat as defined in section 17 of this document should it select a Candidate for an Internship or Job position; if this selection was liable to a payment based on the contract between Planet Expat and the Hiring Company.

24. The Candidate agrees not to use any parallel recruitment process (including direct contact) to apply for any Internship or Job offer at a Hiring Company introduced to her/him by Planet Expat, unless authorized in Written Form by Planet Expat. This condition is valid for a period of 1 year starting from the date Planet Expat sends the Candidate any information about a specific Hiring Company. This rule applies to any Internship or Job position within the Hiring Company.

25. A Candidate presented by Planet Expat and selected by a Hiring Company shall not start her/his placement at the Hiring Company without having paid the full amount of the Program Fee (as defined in sections 15 and 16) charged to her/him by Planet Expat. This condition is valid for a period of 1 year starting from the date Planet Expat sends the Candidate any information about a specific Hiring Company. This rule applies to any Internship or Job position within the Hiring Company.

26. If the Selected Candidate does not pay the full fee owed to Planet Expat before the beginning of the placement AND the Hiring Company decides to start the Internship/Job, the Hiring Company becomes liable for the balance of the unpaid fee owed by the Selected Candidate to Planet Expat.

27. Planet Expat reserves the right to reach a special arrangement with the Selected Candidate and the Hiring Company regarding the payment of the balance of the Planet Expat service fee.

28. In the scenario of an Internship, the Candidate will inform Planet Expat of any full-time position offered by the Hiring Company after the completion of the Internship and allow Planet Expat to use this information for statistics and marketing purposes.

29. This Agreement does not constitute an exclusivity agreement between the Candidate and Planet Expat. This means that the Candidate engaged with Planet Expat is free to actively look for any Internship or Job opportunities and accept any offer from a company out of Planet Expats sight, with the exception of any Hiring Companies introduced by Planet Expat to the Candidate (as defined in section 24).

30. A link to these terms and conditions can be send to the Hiring Company via email. In this scenario, the Hiring Company has to go on the Website, read and accept these Terms and Conditions in accordance of the section 8.

31. In the scenario of an Internship, the Hiring Company agrees to fulfill any and all administrative formalities related to the Selected Candidate’s school and/or university.

Termination

32. Only before a Candidate has been selected and notified of his/her selection via any form by the Hiring Company, are the Candidate and the Hiring Company free to terminate the Agreement with Planet Expat for any chosen reason.

33. In order to see her/his Deposit refunded by Planet Expat, the Candidate or the Hiring Company has to ask for it in Written Form to Planet Expat only.

34. After a Candidate has been selected by a Hiring Company and notified Planet Expat of her/his selection via any Form and she/he has accepted the Internship or Job position via any Form, the Candidate cannot terminate the Agreement with Planet Expat and cancel his/her acceptance to the position offered by the Hiring Company. If a Selected Candidate cancels her/his acceptance before starting to work at the Hiring Company,she/he will forfeit the entirety of the Planet Expat deposit and no refund will be possible.

35. After a Selected Candidate has started her/his internship or Job at the Hiring Company, if he/she decides to quit or if the Hiring Company fires him, he/she will forfeit the entirety of the Planet Expat fee and no refund will be possible.

36. In all situations, the termination of the Agreement between the Selected Candidate and the Hiring Company must be notified to Planet Expat in Written Form.

37. The clauses defined in section 26, 34 and 35 of this Agreement remain valid in all situations, even after termination of the Agreement.

38. Planet Expat is free to terminate the Agreement with the Candidate or the hiring Company at any chosen time and for any chosen reason. This termination will be notified in Written Form.

Right and period of withdrawal

39. In accordance to article L121-20 of the French Consumer Code, the candidate is informed that she/he has a period of 14 days from the day he/she subscribes to our services to exercise his/her right of withdrawal, without any penalties or causes.

40. But, in accordance of the article L 121-20-2, 1° of the French Consumer Code, the right of withdrawal cannot be exerted from the moment the customer has started to benefit from the service concerned.

41. The Candidate forfeits his/her right of withdrawal by accessing, of his/her own will, Planet Expat services, in accordance of the article L 121-20-2, 1° of the French Consumer Code.

42. The Candidate is conscious that he/she accepts that Planet Expat starts the execution of the Agreement immediately after the validation of his/her application and renounce thus to his/her right of withdrawal.

43. For further information, please contact us at: info@planetexpat.org.

Non-Disclosure Agreement

44. The Selected Candidate will keep confidential any information about intellectual property and activities of the Hiring Company and Planet Expat before, during and after completion of the Internship or Job.

45. The Selected Candidate shall not communicate any information about internships or jobs offered by the Hiring Company (through Planet Expat), to other candidates part of the program.

Planet Expat’s limitation of liability

46. Planet Expat will not be responsible or liable for any losses or damages to the Hiring Company or any third party caused by the Candidate(s) or Selected Candidate(s) before, during or after the Internship or Job.

47. Planet Expat will not be responsible or liable for any losses or damages to the Candidate (or any third party) caused by the Hiring Company or any third party before, during or after the Internship or Job.

48. Planet Expat will not be responsible or liable for the cancelation of the Internship or Job initiated by the Hiring Company. Planet Expat will provide its best effort to provide another internship or Job position to the Selected Candidate by re-including her/him back in? to the Program.

49. Planet Expat will not be responsible or liable for any unlawful behavior of the Selected Candidate or the Hiring Company before, during or after the completion of the Internship or Job.

50. Planet Expat cannot be held responsible for the dismissal of the Selected Candidate by the Hiring Company. In this case, no refund will be issued.

51. Planet Expat, its affiliate agencies, suppliers, and members of staff will not be responsible or liable for any case of injury, accident, claim, theft, damage, sickness, expense, cancelation or loss in relation to our Services.

Planet Expat’s website and communication/marketing material

52. Planet Expat intents to keep its website and communication/marketing material up-to-date and reliable to the best of its abilities and in good faith. However, Planet Expat cannot be held liable for any inaccuracy or misinformation or ambiguity present on its website or any communication/marketing material.

53. The Deposit Fee and Program Fee are subject to change without notice before Agreement between the Candidate and Planet Expat. Planet Expat will not revise the Service Fee for a specific Candidate during the course of an existing Agreement.

Complying with the local rules and laws

54. The Hiring Company and the Candidate will abide by the local rules and laws (including but not limited to: employment laws, civil laws, corporate laws, tax laws, etc.).

55. Planet Expat will not be held liable for any unlawful behavior of the Hiring Company, the Candidate(s) or the Selected Candidate(s).

Insurance

56. Planet Expat will not be responsible for providing any form of insurance (including but not limited to personal, travel, health, medical, accidental) to the Hiring Company, the Candidate(s) or the Selected Candidate(s).

Other terms

57. This present Agreement constitutes the whole Agreement between Planet Expat and the Candidate or Hiring Company and supersedes any and all previous agreements between Planet Expat and the Candidate for its subject matter.

58. The Agreement prevails over any other information provided to a Candidate/ Selected Candidate or Hiring Company selected by a Planet Expat’s employee.

59. A third party, (not party to this Agreement) shall have no rights under or in connection with the Agreement in virtue of the contract (principle of relative effect of contracts) as specified in the Article 1165 of the French Civil Code but this does not affect any right or remedy of a third party which exists, or is available, apart from the principle of relative effects of contracts.

60. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Agreement is not subject to the consent of any person that is not a party to the Agreement.

61. If any provision of the Agreement (or part of any provision) is found by any court or other authority of enforceable jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

62. If any provision of the Agreement (or part of any provision) is found by any court or other authority of enforceable jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, apply with the minimum modification necessary to make it legal, valid and enforceable or the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.

Governing Law Clause

63. Every conflict which will not be resolved amicably will be subjected to the relevant courts indicated according to the French « Code de Procédure Civile ».

64. By express Agreement between the parties, these Terms and Conditions are governed by the French law.

Website hosting service

65. The website hosting service is provided by OVH, a company whose headquarters are located in: 140 Quai du Sartel, 59100 Roubaix, France.

Contact for any complaint

66. Please contact us at info@planetexpat.org if you have any complaint.