Terms and Conditions

1. Legal Information

1.1 The Platform

The Platform www.job-skill.be (hereinafter referred to as the "Platform") is the property of the company SOFIGES, whose registered office is located at Chaussée de Namur, 96 in 5070 Sart-Saint-Laurent (hereinafter referred to as the "Company"), whose trade name is Job Skill (hereinafter referred to as the "trade name" or "Job Skill"), and whose registration number at the Crossroads Bank for Enterprises is 1023.932.097.

1.2 Contact Details

The various contact details for Job Skill are as follows:

• Correspondence address: Chaussée de Namur, 96 in 5070 Sart-Saint-Laurent
• Email address: hello@job-skill.be
• Phone number: +32 81 399 210

1.3 Parties

These general terms and conditions of use and sale (hereinafter referred to as "Terms and Conditions") are concluded between:

• Job Skill, a trade name belonging to the company SOFIGES, whose registered office is located at Chaussée de Namur, 96 in 5070 Sart-Saint-Laurent and registered with the BCE under number 1023.932.097
• AND The User of the Platform www.job-skill.be

2. Preamble

2.1 Job Skill develops and operates a Platform accessible at the address www.job-skill.be offering an online marketplace dedicated to connecting Candidates and Companies with the aim of matching the right job with the right skills.

2.2 These Terms and Conditions are intended to define the terms and conditions of use and sale of the Platform, as well as to define the rights and obligations of Users connected on the Platform.

2.3 Job Skill does not intervene in exchanges between Users nor in any transaction that may result from them.

2.4 All access and/or use of the Platform implies unreserved acceptance and compliance with all terms of these Terms and Conditions.

3. Glossary

Company: designates any legal or natural person using the Platform for strictly professional purposes to be put in contact with one or more Candidate(s) in order to entrust them with the completion of an assignment or a job offer and to use their services and skills.

Candidate: designates any natural or legal person practicing as self-employed (freelance) or employed (salaried) under legal conditions from Belgium or abroad and who offers their services/skills to Companies on the Platform www.job-skill.be.

Users: designates Candidates and Companies as well as any person browsing the Platform www.job-skill.be.

Content: designates all remarks, messages, information, or data, regardless of their nature (texts, images, videos, photographs, comments, brands, company names, etc.) posted online by a User on the Platform.

Platform: designates the website whose address is www.job-skill.be.

Job Offer: designates the services offered by the Company to a Candidate under a self-employed (freelance) or employed (salaried) contract.

Services: designates all services offered by Job Skill on the Platform, including the service of connecting Candidates and Companies, the provision of payment tools, and services intended to assist the Company in searching for and selecting Candidates for the completion of job offers or assignments.

Payment System: designates the secure payment system operated by Stripe made available by the Company for Users.

Identifiers: designates the login and password of the Users.

4. Registration on the Platform

4.1 The User must be of legal age and have the legal capacity to contract and use the Platform in accordance with these Terms and Conditions. The User is required to provide accurate information which they agree to update immediately in the event of changes.

4.2 To benefit from the services, the User must open an account by registering for free on the Platform. Access to account data is protected by a login and password chosen by the User at the time of registration on the Platform. The User alone assumes the confidentiality and responsibility for the uses that may be made of their login and password, as well as any use of their account.

4.3 To be listed as a Candidate on the Platform and be visible to Users, the Candidate must complete their profile page accurately and completely and keep it up to date. The Candidate's profile is not automatically visible online. A validation process takes place before allowing them to access all the Platform's functionalities.

4.4 In the event that the User provides false, inaccurate, outdated, or incomplete data, the Company shall be entitled to suspend or close their account and to deny them access to all or part of the services in the future.

4.5 The Company may initiate the de-listing of a profile that does not comply with these conditions, without the need for contradictory proceedings or even an informational step. The Company may also refuse to list a profile without justifying its reasons.

5. Services and Operation of the Platform

5.1. Services

Once registered and after their profile is validated, the User benefits from the offered services, including:

• A. Facilitated connection between Candidates and Companies
• B. A search system allowing for easy proposal of job offers or assignments to Candidates
• C. A search system allowing Candidates to easily apply for job offers or assignments proposed by Companies
• D. Publishing Assignments or job offers on the Platform
• E. Access for Companies to the Candidate directory after subscribing to a plan or purchasing a one-time offer
• F. A rating system between Users

5.2. Operation

5.2.1 The Candidate can apply for a Job Offer or Assignment that matches their profile by responding to the ad published by the Company. When the Candidate applies for a Job Offer or Assignment, the Company directly accesses their private contact details (email address and phone number) to discuss practical arrangements.

5.2.2 The Company can directly propose a Job Offer or Assignment to a Candidate who matches the sought profile. If the Candidate accepts the proposal, the Company directly accesses their private contact details (email address and phone number) to discuss practical arrangements.

5.3.3 The Company is not involved in the contracting between its Users, even if the exchanges take place on the Platform. The Company's liability can in no way be engaged regarding Job Offers and Assignments.

5.3.4 The Company can leave a review on the service performed by the Candidate. A review engages responsibility; consequently, attention must be paid to ensure that:

• A. The review actually pertains to the task that was performed
• B. The review is precisely detailed and motivated
• C. The comments are constructive and useful for the Candidates
• D. Basic rules of politeness are respected, even if the Job Offer or Assignment was not completed according to the Company's expectations

Otherwise, this review may be deleted.

6. Access to the Platform and Services

6.1 Access to the Platform and services is reserved for regularly registered and validated Users.

6.2 Telecommunication costs for accessing the internet and using the Platform are borne by the Users. There is no time or duration restriction for using the Platform, regardless of the User profile.

6.3 The Platform is accessible 24/7 for all Users.

6.4 The Company reserves the right, without notice or compensation, to temporarily or permanently close the Platform or access to one or more Services to perform an update, modifications, or a change in operational methods, servers, and accessibility hours, this list not being exhaustive.

6.5 The Company reserves the right to make any modifications and improvements to the Platform and Services that it deems necessary or useful for the proper functioning of the Platform and its Services.

7. Pricing and Subscriptions

7.1 For Candidates, registration on the Job Skill Platform is completely free and allows them to use all proposed features. Job Skill does not take any commission on the services performed between Candidates and Companies.

7.2 For Companies, registration on the Job Skill Platform is free, but they must choose a subscription or a one-time offer to use the proposed features. The features offered vary depending on the selected subscription or the chosen one-time offer. By clicking on this link, you can consult our different proposed formulas.

7.3 When subscribing to a plan, the Company will pay the recurring monthly amount related to the selected subscription (3 months, 6 months, or one year).

7.4 The Company can cancel its subscription from its personal space. After confirmation of the request, the cancellation is effective for the next billing period. The Company retains all benefits related to its subscription for the billing period already paid.

7.5 The prices of the different subscriptions are mentioned on the Job Skill Platform and are expressed (excl. VAT) Excluding Value Added Tax. The total amount to be paid (incl. VAT) with Value Added Tax Included is communicated at the time of payment.

8. Payment and Billing

8.1 Subscribing to a plan or purchasing a one-time offer is done by credit card only, through a secure online payment service (Stripe).

8.2 Once the payment by credit card is made, the Company has direct access to the services and all features offered by Job Skill.

8.3 A subscription is non-refundable. Following the subscription and each renewal, an invoice is available in the Company's personal space, and they receive an email notification of its availability. When the Company subscribes to a plan, it agrees that it is made available immediately and thereby waives its legal right of withdrawal.

9. Rating and Recommendation System

9.1 At the end of each service, Companies and Candidates are encouraged to mutually evaluate their collaboration. Evaluations are done by leaving a rating between 1 and 5 (5 being the best rating) and can be accompanied by a few words about the collaboration justifying the rating.

9.2 Companies and Candidates can decide whether or not to make the received evaluation visible. However, the rating between 1 and 5 will be counted in the average rating of the Company and the Candidate.

9.3 Evaluations and recommendations must reflect objective and constructive considerations. They must not, under any circumstances, contain excessive or insulting elements. If this were the case, Job Skill reserves the right to delete this evaluation.

10. Commitments

10.1 The User agrees to access and use the Platform and its services in accordance with current laws and these Terms and Conditions. The User accepts that, for purposes of verifying compliance with these Terms and Conditions, the Company may review the Content published on the Platform.

10.2 The User agrees to make all necessary declarations and formalities for their activity, as well as to satisfy all their legal, social, administrative, and fiscal obligations and all specific obligations incumbent upon them under the legislation they depend on within the framework of their activity. If requested, the User agrees to provide the Company, without delay, any justification proving that they meet the conditions set out in this article. In case of non-compliance, the Company's liability cannot be engaged in this regard.

10.3 The User is strictly prohibited from extracting any content from the Platform for a similar or competing activity.

10.4 Company's Commitment

The Company agrees to propose a real, serious, and sufficiently detailed Job Offer or Assignment offer to the Candidate(s) with whom it comes into contact via the Platform in order to obtain a price proposal. The Company agrees to communicate all necessary details to the Candidate about the description of the Job Offer or Assignment so that it is as accurate as possible and cannot mislead the Candidate. The Company is strictly prohibited from using the services and the Platform to promote its activity or that of a third party. Therefore, it also agrees not to send advertising messages to Platform Users or to solicit them.

10.5 Candidate's Commitment

The Candidate agrees to complete their profile seriously and accurately so as not to mislead the Company about the services offered and professional expertise. The Candidate agrees that any exchanges they may have had with Companies remain strictly confidential. Under no circumstances will they disclose information that has been communicated to them or that they have become aware of during a connection via the Platform. The Candidate agrees to use the Platform only in their own name. As such, the services offered and the Job Offers or Assignments performed cannot be subcontracted to a third party and only bind the Candidate personally.

11. Responsibilities

11.1. Responsibilities of Users, Companies, and Candidates

11.1.1 The User is solely responsible for all Content they choose to post on the Platform. The Company does not control the content before it is posted and cannot be held responsible for the published information.

11.1.2 The User is solely responsible for any direct or indirect damage they may suffer due to inaccurate, incomplete, and/or misleading information they provide during registration or in the absence of updating this information.

11.1.3 The User is expressly prohibited from publishing any Content that is abusive, defamatory, derogatory, xenophobic, racist, contrary to morality and good conduct, undermining public order or the rights of third parties, likely to infringe upon the rights, reputation, and image of the Company, and more generally, whose content would violate the law and/or regulations, especially of a criminal nature.

11.1.4 The Company is solely responsible for the description and detail of the Job Offer or Assignment offer for which it requests services and a price proposal from the Candidate. If the description of the offer contains errors or if information is incorrect, the Company alone will bear any necessary additional services and extra costs.

11.1.5 The Company only intervenes to connect Companies and Candidates. The User is solely responsible for the conclusion and execution of contracts relating to a Job Offer or an Assignment that they conclude with another User through the Platform. The conclusion and execution of these contracts, which occur directly between a Candidate and a Company, are initiated and carried out under their exclusive responsibility.

11.1.6 The Freelancer acknowledges that the tools and technical means made available to them by the Company do not exempt them from their responsibility regarding their legal obligations. In particular, they acknowledge retaining full responsibility for their legal and fiscal obligations regarding billing.

11.2. Company's Responsibilities

11.2.1 The Company uses all means to ensure continuous access and proper functioning of the Platform and its services. Nevertheless, given the limitations of the internet, the Company cannot exclude that access and operation of the Services may be interrupted, particularly in cases of force majeure, malfunction of the User's equipment, malfunctions of the User's internet network, or maintenance operations intended to improve the Platform and services. Likewise, the Company cannot be held responsible for constraints related to the host, such as maintenance, affecting the Platform's accessibility. The Company cannot be held responsible for malfunctions related to the use of third-party software. The Company does not guarantee the absence of bugs, compatibility with a specific configuration and/or hardware, or a specific time to go online. Consequently, the Company shall not be held responsible for any interruption of Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit interruptions attributable to it.

11.2.2 The Company provides Companies and Candidates with tools and technical means enabling them to connect for the purpose of concluding a (Freelance or salaried) service contract through the Platform. Its responsibility is therefore limited to providing these means, as described herein, and to connecting Clients and Providers. The Company shall not be held responsible for the frequency of presentation of Candidate profiles on its Platform. The Company and the User are independent parties, each acting in their own name and for their own account.

11.2.3 The Company does not conclude any contract in the name and/or on behalf of a Candidate or a Company; the latter contract directly with each other through the Platform. Consequently, the Company can in no way be considered, among other things, as an employee/employer.

11.2.4 As the Company is not a party in any capacity whatsoever to contracts relating to a Job Offer or an Assignment concluded between Companies and Candidates, the latter are solely responsible for difficulties, claims, and disputes that may arise during the conclusion and/or execution of said contracts. Consequently, each User releases the Company from any liability for the direct or indirect consequences resulting directly or indirectly from the connection, conclusion, and/or execution of such a contract between a Company and a Candidate.

11.2.5 The Company does its utmost to ensure the content and validity of the information communicated by Candidates on the Platform, provided they are established in Belgium. However, the Company cannot be held responsible in any way for breaches of its obligations, particularly in the context of combating undeclared work and respecting transparency rules, as well as for any damages that may result. Thus, the Company cannot be held responsible for false, misleading, or outdated information communicated to it by the Candidate.

11.2.6 The Company cannot be held responsible for content published by Users; it is up to the latter to implement a procedure to guard against potential fraud or scams.

12. Data Protection

12.1 The protection of Users' personal data is guaranteed by the privacy policy available here, which Users must have expressly accepted before using the Platform and services.

12.2 The information collected is neither sold nor communicated to third parties. The Company retains the data for a period of five years from the closure of the User's account.

12.3 The Company is the recipient of personal data collected through the Platform. It undertakes to use all means to ensure the security and confidentiality of this data.

12.4 By using the Platform and accepting the privacy policy, every User expressly acknowledges having read the privacy policy carefully in its entirety. Consequently, they fully and unreservedly accept each of its terms.

13. Cookies

13.1 For the proper functioning of the Platform and Services, cookies are placed on the User's computer. Cookies are small text files that are stored in the browser and record information relating to navigation and identification of its Users.

13.2 When the User accepts the cookie notice displayed on their screen, they consent to cookies being placed and read on the site.

13.3 The User always has the option to oppose the use of cookies by configuring their browser software. However, if the User decides to disable, reject, or block cookies, some parts of the Platform will not function correctly, or in some cases, the Platform will not be accessible at all. The Company will not be held responsible for such malfunction.

13.4 The Company has a cookie usage policy available at this address (XXXXXXX)

14. Company's Intellectual Property

14.1 The Platform and each of its elements, including but not limited to texts, images, videos, photographs, logos, trademarks, domain names, are the exclusive property of the Company or its partners. These elements are protected by intellectual property legislation, in particular Book XI of the Economic Code.

14.2 Any reproduction or representation, in whole or in part, of the Platform or one of its components, is strictly prohibited.

15. Users' Intellectual Property

15.1 Any User who publishes content on the Platform retains full ownership of everything they publish.

15.2 By creating a profile and publishing content on the Platform, the User expressly authorizes the Company to use, store, communicate, publish, broadcast, modify, translate these contents, including for marketing purposes. This authorization extends worldwide and is valid for the entire duration of the User's registration on the Platform. It cannot be called into question under any circumstances.

15.3 The authorization ends as soon as the User unsubscribes from their personal account and deletes their personal profile.

16. Modification of the Terms and Conditions

16.1 The Company reserves the right to modify all or part of these Terms and Conditions.

16.2 The Company will inform Users of changes to these Terms and Conditions by making them available on the Platform.

17. Nullity – Waiver

17.1 In the event that one of the clauses of these Terms and Conditions is declared null or void by a change in legislation, regulation, or by a court decision, this shall not affect the validity and compliance with these Terms and Conditions.

17.2 The failure of the Company to exercise the rights recognized to it under these Terms and Conditions does not constitute a waiver of these rights.

18. General Provisions

18.1 This contract is established for an indefinite period from the acceptance of the Terms and Conditions by the User at the time of registration on the Platform.

18.2 The Company reserves the right to immediately terminate or suspend the User's account, without prejudice to any damages the Company may be entitled to claim, in the event of non-compliance by the User with all or part of these Terms and Conditions and/or applicable laws and regulations.

18.3 For any question or information relating to the Platform, services, or Terms and Conditions, the User may contact the Company via the "Contact" section on the Platform or send an email directly to hello@job-skill.be

18.4 The Company may publish links to other websites, without the Company being responsible in any way for the content of these websites.

18.5 The Company reserves the right to monitor compliance with current provisions when using its Services.

18.6 The Company accepts and understands that the trade name, logo, and brand of the Company do not fall under the definition of confidential information and may be used as a commercial reference by the Company.

19. Applicable Law – Competent Jurisdiction

19.1 These Terms and Conditions are subject to Belgian law.

19.2 Any dispute relating to these Terms and Conditions (drafting, conclusion, interpretation, and/or execution) falls under the exclusive jurisdiction of the courts of Namur.