Version puhhblished on 20/11/2023
Only our detailed Terms of Service (below) are contractually binding. To give you an overview of our service, we have summarized the four main points of the general Terms of Service as follows:
This document constitutes the General Terms and Conditions of Use (hereinafter referred to as the ToS) of the www.powerapps24.com Website and more generally of the service provided by powerapps24.com Landau4consulting GmBH (hereinafter referred to as ” powerapps24″).
The present ToS formalizes the establishment of a contractual relationship between Powerapps24 and you as a user, whether you are an individual or a legal entity.
The present ToS may be modified at any time. You are therefore invited to consult them regularly.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON “I AGREE”, YOU DECLARE THAT:
(1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE;
(2) YOU ARE OF LEGAL AGE TO ENTER INTO A CONTRACT WITH POWERAPPS24;
(3) YOU ARE ENTITLED TO ENTER INTO A CONTRACT PERSONALLY OR ON BEHALF OF THE COMPANY NAMED IN YOUR REGISTRATION. YOU AND/OR THE COMPANY MENTIONED AT THE TIME OF YOUR REGISTRATION ARE THEREFORE BOUND BY THESE GENERAL TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ACCESS THE SERVICE.
Key points
- Powerapps24’s Mission
Powerapps24.com offers a service that connects Candidates and Companys via the freely accessible Website https://www.powerapps24.com.
- Contracts which may be concluded through the powerapps24.com service
A Recruiter and a Candidate may enter into several types of contract to determine how work is to be performed in return for payment. These include :
- Service contracts or “freelance contracts”
- Rates applied by powerapps24.com
While access to the site www.powerapps24.com is free of charge for all users, Recruiters have to pay a fee to use the Service.
Recruiters can choose from several billing options, including outright payment or a scheduled payment.
- Guarantee in case of premature departure of a Candidate hired under an employment contract
If, in the context of an employment contract only, the Candidate leaves the Recruiter’s staff, whether this is due to the termination of a trial period or not, Powerapps24 allows the Recruiter to benefit from a guarantee, the terms of which depend on the payment plan chosen.
- guarantee in case of outright payment
Powerapps24 grants the Recruiter credit limited to the Service Fee charged for the recruitment of the Candidate who has left the Recruiter’s workforce.
- Duty of loyalty when providing information
Any user, Recruiter or Candidate, using the Website www.powerapps24.com and the Platform is bound by a duty to provide information to Powerapps24, who must be informed as soon as a contract is finalized.
This duty continues for a period of twelve (12) months following the last exchanges between the Candidate and the Recruiter on the Platform, and any Contract concluded during this period must be transmitted to Powerapps24, so that service fees can be charged.
Definitions
“Powerapps24” refers to the company powerapps24.com Landau4consulting GmbH
“Website” refers to Powerapps24’s Website www.powerapps24.com.
“Platform” refers to Powerapps24’s platform managed within / on the Website, via which Users can exchange information with a view to concluding a Contract. The platform is only accessible to candidates and recruiters approved by powerapps24.com.
“Candidate” refers to any natural or legal person who applies to register on the Website in order to find new job opportunities.
“Recruiter” refers to any natural or legal person who requests registration on the Website in order to be put in contact with Candidates.
“User(s)” refers to the Recruiter and the Candidate together or individually.
“Service” refers to the service offered by Powerapps24 to bring together Candidates and Recruiters through the Platform.
“Profile” refers to all content (information and any files including photos, curriculum vitae etc.) published by a Candidate or a Recruiter in order to introduce themselves and interact on the Platform.
“Recruiter Contact Request” refers to any message sent by a Recruiter to a Candidate indicating interest in his/her Profile/Apps and willingness to be contacted.
“Introduction” refers to the response to a Contact Request that leads to a conversation between a Recruiter and a Candidate.
“Compensation” refers to the gross annual remuneration received by the Candidate under the Contract agreed upon. This includes (i) the fixed part, (ii) the entire variable part of the remuneration known on the day the Contract is signed (taking into account the maximum that can be obtained), as well as (iii) any bonus, annual premium or other benefit constituting all the components of the Candidate’s salary.
“Contract” refers to any agreement under which the Candidate performs work for the benefit of the Recruiter in return for payment of a fee.
This Contract may, in particular, consist of an employment contract, or a service contract (known as a Freelance contract).
“Contractor” refers to any person using the Service on behalf of a Recruiter . This includes (but is not limited to) RPO, consultants, delegated Companies or any type of external subcontractor, whether based on the Recruiter ‘s Website or not.
“Freelancer” refers to a Candidate who has entered into a service contract with a Recruiter through the use of the Service.
“Service Fee” refers to the remuneration received by Powerapps24 in the event of the conclusion of a Contract.
PART 1 – RULES FOR CANDIDATES
1 – How the service works
Powerapps24 is a free service for Candidates which is supposed to allow them to and quickly find new professional opportunities.
Candidates can use the Service after they have registered on the Website and Powerapps24 has approved their registration.
The Service allows the approved Candidate (i) to receive a Recruiter Contact Request, and (ii) to browse through and apply to Project made public on the Platform by Recruiters.
2 – Registration process
At the time of his or her registration, the Candidate is asked to create an account and complete his or her Profile by indicating his or her name, providing details of education, professional experience, skills and his Apps as referance.
In order to ensure the reliability and functionality of the Service, the Candidate agrees when registering (i) to provide, to the best of his or her knowledge, only correct and current information about his or her situation and to indicate his or her true identity and (ii) to never maintain more than one account on the Website.
Powerapps24 reserves the right to request the following from the Candidate:
- a document which proves the Candidate’s identity;
- in the event that the Candidate is acting via a legal entity, a commercial register extract or another register extract, no more than 30 days old, and a written power of attorney certificate which proves that the natural entity that performed the registration on behalf of the legal entity, is authorized for the registration.
In the event that such proof is not provided, Powerapps24 reserves the right to lock and/or to delete the Candidate’s account.
Powerapps24 may also call the Candidate using the telephone number provided to discuss his or her profile before registration is approved.
Powerapps24 reserves the right to accept or reject, at its discretion, registration requests on the Website, in particular after inspecting the information provided voluntarily about the respective Candidate.
3 – Contractual freedom of the Candidate
Registration on the Website and access to the Service do not establish any obligation for the Candidate to accept a Recruiter Contact Request, an Introduction, or to conclude any type of Contract.
Only the conclusion of a Contract between the Candidate and a Recruiter establishes mutual obligations. The conditions of the Contract (offered remuneration, term and type of employment) are freely specified by the Candidate and the Recruiter without Powerapps24 participating in this negotiation.
4 – Transparency and duty to inform
In the event that they reach an agreement with a Recruiter the Candidate accepts:
(i) to inform Powerapps24, without delay, of the date of signature of the Contract, and notify Powerapps24 of any subsequent changes (renewal, termination, new Contract, etc.)
(ii) to provide Powerapps24 with a copy of the Contract, or of the confirmation of employment (letter, e-mail, etc.) or to draw up a document between the Recruiter and himself/herself specifying the main terms of the Contract (remuneration, duration, etc.),
(iii) to inform Powerapps24 without delay if he/she ceases to be contractually bound to the Recruiter for any reason.
PART 2 – RULES FOR THE RECRUITER
1 – Registration process – how the Service works
1.1. Registration process
When registering, the Recruiter (via the person acting on his or her behalf and for his or her account) is asked to create an account and complete his or her Profile, including his or her name, company name, email address and additional information about the company and his or her research.
In order to ensure the reliability and functionality of the Service, Recruiters agree when registering (i) to indicate, to the best of their knowledge, only correct and current information about its situation (ii) their true identity and (iii) to never open more than one account on the Website.
In order to make registration easier, Powerapps24 may offer the Recruiter the use of a third party service, such as LinkedIn or GitHub. In such a case, the Recruiter agrees that the information provided to this third party service shall also be accurate, truthful and up to date, in order to ensure the reliability of the Service.
If registration is carried out for a legal entity, the Recruiter must be authorized to do so by the legal entity. In any case, Powerapps24 shall not be held responsible for the absence of such authority, and the acceptance of these ToS shall not be called into question in any way. The legal entity will thus be indefinitely responsible for the actions of its agent.
After registration, Powerapps24 verifies the Recruiter Profile and may, if considered necessary, request any document that enables Powerapps24 to verify whether the information indicated in the Profile is true. If the Recruiter does not respond to such a request from Powerapps24, this may lead to the registration being rejected.
Powerapps24 reserves the right to accept or reject requests for registration on the Website at its own discretion.
1.2 How the Service works
Once registration has been completed and the Profile has been filled in, the Recruiter can use the Service.
The Recruiter is encouraged to (i) create Job position(s), and eventually make them public on the Platform if he wants Candidates to apply for them, (ii) search for Candidates that match with those Job positions, and review their profiles. Recruiters can also search and review profiles of Candidates independently from any specific position. Recruiters can make Contact Requests to any Candidate that caught their attention.
The Recruiter agrees to communicate with the Candidate only via the Platform until they have at least an Introduction with the Candidate.
If the Candidate is interested in the request and accepts it, the recruitment process begins, which may include one or a number of interviews, which may be carried out in person or remotely. The recruitment process will be carried out under the responsibility of the Recruiter.
From Introduction, Candidates and Recruiters have the option of using other communication methods, of which they must keep Powerapps24 informed.
Only the conclusion of a Contract between the Recruiter and a Candidate establishes mutual obligations.
Finally, it is specified that the terms of the Contract are freely discussed between the Candidate and the Recruiter, without Powerapps24 taking part in these negotiations.
Furthermore, the Recruiter agrees to carry out all the compulsory formalities with respect to the administrations and other competent authorities at the time of hiring the Candidate.
In particular, the Recruiter must verify the Candidate’s nationality and, if necessary, ascertain before the employment that the candidate possesses a valid work permit.
Furthermore, the Recruiter agrees (i) to refrain from disclosing to third parties or publicizing the names and identities of Candidates whose profiles were disclosed during the personnel procurement process and (ii) to take the necessary physical, technical and administrative measures to protect the content received via the Website from loss, misuse, unauthorized access, disclosure, alteration or destruction.
- The Recruiter’s duty to inform
By concluding a Contract, the Recruiter agrees:
(i) to inform Powerapps24, immediately and without delay, of the date of signature of the Contract, and to notify Powerapps24 of any subsequent modification (renewal, termination, new Contract, etc.)
(ii) to provide Powerapps24 with a copy of the Contract or proof of employment (letter, email) or to issue a confirmation between the Candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and
(iii) to inform Powerapps24 without delay if they cease to be contractually bound to the Candidate, for whatever reason.
- Costs of the service
By accepting these ToS, the Recruiter agrees to pay a Service Fee when a Contract is concluded with a Candidate.
Powerapps24 reserves the right to change its rates and billing methods at any time after these ToS have been updated and the Recruiters duly informed by email.
Furthermore, in addition to the Service, a Recruiter may benefit from additional services, offered in the context of an appointment when registering.
These may include, in particular, Powerapps24’s assistance in facilitating their searches and, more generally, advice on the market in which Candidates operate (the so-called “Tech” market).
3.1 – Liability for costs
3.1.1 – General case
The Powerapps24 Service Fee is owed in full by the Recruiter in the following cases:
- i) If they enter into a Contract with a Candidate through the use of the Service, whether or not a trial period is stipulated.
- ii) If they enter into a new Contract with the same Candidate within twelve (12) months of the end of the initial Contract. The amount of the Service Fee will then be calculated on the basis of this new Contract, the terms of which may be different from the initial Contract (new remuneration, different assignments, etc.).
iii) If they conclude a Contract, within a period of twelve (12) months following the end of their use of the Service (in particular in the event of not using the Site, or deleting their account), with a Candidate identified through this use.
The Service Fee shall in this case be owed irrespective of the terms of the Contract and irrespective of the fact that a Contact Request, an Introduction or a Contract may have been submitted and rejected.
- iv) If they introduce a Candidate, identified through the use of the Service, to another person/company, whether or not affiliated with their company, and a Contract is concluded between this third party and the Candidate. The Service Fee is then payable on the basis of the Contract concluded between the Candidate and said person/company.
This commitment shall apply during the use of the Service, as well as for a period of twelve (12) months thereafter.
In the event of breach of these provisions, the Recruiter will pay Powerapps24 a lump sum of fifty thousand euros (€50,000) excluding tax as a penalty, notwithstanding any other action that Powerapps24 may take against the Recruiter, and any damages and other indemnities due in accordance with the ToS.
3.1.2 – Use of a service provider by the Recruiter
In the particular case of a Recruiter using a service provider to use the Service, it is agreed that the service provider may only use the Service for the needs of the Recruiter for which it is acting, and after approval by Powerapps24.
In such an event, the Recruiter shall be responsible for the provider’s actions.
All providers shall systematically be required to sign a confidentiality agreement (“NDA”) before any access to the Site. This NDA is drafted by Powerapps24 and constitutes an agreement between the provider and Powerapps24.
It is strictly forbidden for a provider to use the Service for the purposes of another person/company, whether or not affiliated with his company, or to transmit to another person/company, whether or not affiliated with his company, any of the following confidential information (without this list being exhaustive)
- any information relating to Candidates, natural or legal persons, seeking new professional opportunities, obtained via the Website and/or the Service;
- any Candidate Profile and/or CV obtained via the Website and/or the Service;
- any information relating to a Candidate obtained in the course of an exchange with the Candidate via the Website.
In the event of breach of these provisions, the Recruiter must pay Powerapps24 a lump sum of fifty thousand euros (€50,000) exclusive of tax as a penalty, notwithstanding any other action that Powerapps24 may take against the Recruiter, and any damages and other indemnities due in accordance with the ToS.
- 2 – Cost of the Service Fee
The cost of the Service Fee is detailed here: https://www.powerapps24.com
In the event of a change in rates, Powerapps24 shall inform the Recruiters directly on the Website/Platform or by sending an informative email to each of them.
3.3 – Invoicing and payment of the Service Fee
Invoicing and payment terms depend on the type of Contract concluded and any options chosen by the Recruiter (see Article 3.2 above).
Powerapps24 has decided to use a payment system via a third party payment provider, both for outright payments and direct debits.
Powerapps24 has thus subscribed to the services of Mangopay S.A., a company approved as an electronic money institution, registered in the Luxembourg RCS under the number B173459, whose registered office is located at 2 Avenue Amélie, 1125 Luxembourg.
Each User, whether Recruiter or Candidate, thus contracts directly with Mangopay S.A. and declares, by accepting these ToS, that he accepts Mangopay’s general conditions available here.
3.3.1 – In the event of the conclusion of an employment contract
The resulting invoices shall be sent by e-mail to the address provided by the Recruiter at the time of registration.
As set out in the pricing grid, the Recruiter may opt for two billing methods.
(i) outright payment
In this case, the Service Fee is invoiced once the Contract with the Candidate is concluded. The corresponding invoice is payable outright no later than the date on which the Candidate begins the Contract.
(ii) An 18-month payment plan
In this case, the Service Fee is invoiced on the date of commencement of the Contract by the Candidate.
The first payment must be made by secure direct debit on the date the Candidate joins the Recruiter’s workforce. Each subsequent payment shall be made by secure direct debit, once a month, on a fixed date previously defined by Powerapps24, for eighteen (18) months.
It is important to specify that the Recruiter may only choose this option on the condition that they complete a direct debit mandate, which is necessary to set up the automatic debit of the monthly payments. The Recruiter also agrees to inform Powerapps24 in the event of a change in their postal or bank details.
Only if the Candidate ceases to be contractually bound to the Recruiter shall the direct debit mandate be terminated.
3.3.2 – If a Freelance Contract (service contract) is concluded
For invoicing purposes, due to the special nature of this type of Contract, the Candidate must visit the Website www.powerapps24.com once a month in order to fill in a timesheet in which he/she must indicate the days worked for the Recruiter and fill in the nature of the assignments carried out. This is a service offered by Powerapps24 as part of its business.
This time sheet is then submitted to the Recruiter. In the absence of any dispute by the latter within a maximum of seven (7) days of its receipt, the timesheet submitted by the Candidate shall be deemed to have been accepted without reservation by the Recruiter. From this point onwards :
- the Recruiter will pay, via bank transfer, to Mangopay S.A., a sum equal to the cumulative amount of (i) the invoice relating to the Candidate’s remuneration and (ii) the invoice relating to the Service Fee due to Powerapps24;
- Mangopay shall then pay the Freelancer and Powerapps24 the remuneration respectively due.
The invoices issued this way will be sent via e-mail to the address provided.
3.4 – Late payment
In the event of non-payment within thirty (30) days, the amounts owed will automatically and without prior request be charged interest at a rate of 9% points above the respectively applicable base interest rate.
Any amount still not paid on the due date will result in a flat-rate compensation amount of €40.00 automatically having to be paid to Powerapps24. According to Section 288 BGB [German Civil Code], Powerapps24 is entitled to demand, subject to proof, an additional compensation amount if the recovery costs incurred exceed the amount of the flat-rate compensation amount.
In case of late payment of more than 2 installments on payment option 2 (monthly payment), Powerapps24 reserves the right to issue all remaining invoices on the installments to be due immediately in full (regardless of how long the candidate has been with the company).
3.5 – Disagreement
Any disagreement from the Recruiter regarding the invoicing of the Service Fee must be expressed in a letter stating the reasons and sent by registered post with acknowledgement of receipt within eight (8) days of the date of issue of the invoice. In the absence of such a letter, the Recruiter shall be deemed to have accepted the invoice.
3.6 Special cases
3.6.1 Undisclosed conditions of the employment contract
The Recruiter shall inform Powerapps24 of the recruitment of a Candidate within fourteen (14) days of the earlier of the following two dates:
- date of the signing of the contract
- date on which the candidate joins the company (employment contract) or date of the start of the services rendered by the candidate (service agreement)
Failing this, Powerapps24 will invoice the Recruiter for costs of up to €20,000.00, wherein this amount is due immediately from the day on which the candidate joins the company.
Powerapps24 is entitled in such a case to lock or delete the Recruiter’s account.
3.6.2 The Candidate is already known to the Recruiter
If a Recruiter can establish that they had commenced a recruitment process with a Candidate in the three (3) months prior to the date on which they became aware of the relevant Candidate Profile on the Site, the Recruiter shall be exempt from paying the Powerapps24 Service Fee.
This waiver is subject to the following three conditions being met:
(i) the Recruiter has solicited (or been solicited by) the Candidate within the three (3) months prior to becoming aware of the relevant Candidate’s Profile on the Site;
(ii) the Candidate has responded positively to their solicitation (or the Recruiter has responded positively to the Candidate’s solicitation); and
(iii) a discussion was still ongoing between the Candidate and the Recruiter at the time the Recruiter became aware of the relevant Candidate’s Profile on the Site.
If any of these three conditions are not met or did not occur in the three (3) months prior to the date on which the Recruiter became aware of the relevant Candidate’s profile on the Website, the Powerapps24 Service Fee shall be payable in accordance with these ToS.
The Recruiter agrees that in all other cases where a Candidate is hired through the Website, the Powerapps24 Service Fee shall be payable.
4 –Powerapps24’s guarantees in the case of an employment contract
If, in the context of an employment contract only, the Candidate leaves the Recruiter’s workforce, whether as a result of the termination of a probationary period or not, the Recruiter must contact Powerapps24 as soon as possible to inform them.
In such a situation, the Recruiter can benefit from a guarantee, subject to the following conditions
- providing Powerapps24 with a document attesting to the Candidate’s departure from the workforce (e.g. letter of resignation, Pôle Emploi certificate);
- all sums due by the Recruiter have been paid in accordance with these ToS;
- the Candidate has not entered into a new Contract of any kind with the Recruiter, any of its subsidiaries or any other company in the group to which it belongs;
- the cause of the termination is based solely on the Candidate’s qualifications, qualities or conduct;
- that the Candidate’s departure is not the result of a redundancy for economic reasons, a contractual termination, or any termination justified by a new direction in the Recruiter’s internal strategy justifying new needs for the position in question.
If these conditions are met, the guarantee will differ depending on the billing method chosen.
(i) Outright payment guarantee
Powerapps24 grants the Recruiter a credit towards the Service Fee due on the next recruitment. To qualify:
- the Candidate must have left the Recruiter’s workforce within three (3) months of joining the Recruiter’s workforce;
- the amount of credit is limited to the total amount of the Service Fee charged for the initial recruitment;
- the credit is valid for a maximum of twelve (12) months from the date the initial Candidate leaves the workforce. Accordingly, if no recruitment takes place during this twelve (12) month guarantee period, the credit is forfeited and there is no refund to the Recruiter;
- the recruitment for which the credit is granted must be invoiced outright, any other form of payment does not qualify for the credit;
- the invoice for which the credit is granted must be issued within the twelve (12) month guarantee period.
Finally, it is specified that the credit is “portable”, i.e., it applies regardless of the number of Candidates recruited to the position left by the initial Candidate.
In order for credit portability to be granted to the Recruiter:
- the Replaced Candidate (whether the Initial Candidate or a Subsequent Candidate) must have left the Recruiter’s workforce within the first three (3) months of joining the workforce.
- the credit being limited to a maximum of twelve (12) months from the last day worked by the original Candidate, the new Candidate must have joined the Recruiter’s workforce, or the Recruiter must have been invoiced, before the expiry of this twelve month period.
(ii) guarantee in case of monthly payment
If, in the case of an employment contract only, the Candidate leaves the Recruiter’s employ within eighteen (18) months of joining the Recruiter’s employ, whether as a result of the termination of a probationary period or not, the Recruiter must immediately notify Powerapps24.
The Recruiter may then request that payments be stopped the month following the date of the Candidate’s effective departure from the Recruiter’s workforce, if and only if Powerapps24 has been notified prior to said date (with no refund of Service Fees already paid, nor proration).
In case of notification after the effective date of the Candidate’s exit, the invoices already due until the notification will be due.
Finally, no guarantee of any kind (nor any suspension of invoicing or discount) can be given in the event of the absence of a Candidate who is still contractually bound to the Recruiter (for sickness, maternity/paternity leave, sabbatical or parental leave, etc…).
PART 3 – GENERAL PROVISIONS
- Content published by Users
The Users of the Website are prohibited from publishing content that does not meet the applicable legal regulations, in particular (but not limited to) the following:
- all content that may be illegal, humiliating, violent, threatening, defamatory, insulting, offensive, obscene, infringing upon applicable moral principles, slanderous, hateful, racist, xenophobic, anti-Semitic, sexist, harassing, discriminatory, or which violates private life, human dignity, respect for personal data or the confidentiality or secrecy of correspondence of another person or which encourages illegal activity;
- all content that infringes upon the intellectual property rights of another person;
- all content that is inaccurate or false, in particular in relation to the identity of the Users and their academic and professional qualifications.
If Powerapps24 is informed or believes that a User of the Website or content violates applicable law or these general ToS, Powerapps24 reserves the right to wholly or partially delete the profile in question or the content in question and/or lock or delete the User’s account and/or remove disputed content without prior notice.
Users are invited to message Powerapps24 if they believe that a Contact Request, a profile, a message or other visible content on the Website is obviously unlawful or violates these general ToS by sending a message to the following address: contact@powerapps24.com.
In accordance with article 6 paragraph 7 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, Powerapps24 will be able to set up a device named “cybercop” easily accessible and visible by all allowing the users of the Service to bring to its attention any data making the apology of the crimes against humanity, inciting to racial hatred or child pornography, as well as against the offences referred to in the fifth and eighth paragraphs of article 24 of the law of July 29, 1881 on the freedom of the press and in article 227-23 of the penal code.
Users are also reminded that if their comment is illegal, the data allowing them to be identified or his computer to be identified may be communicated by the Site’s hosts to the judicial authority, if the latter so requires, in accordance with article 6-II of the law of 21 June 2004.
- Use of the Website
Users are required to use the Website without damaging the Website and without overriding the offered functions. In particular, they hereby agree:
- to not violate the requirements, procedures, guidelines or regulations of the third-party services used by the Website;
- to not copy, disseminate or share any part of the Website by any means;
- to not download, publish, transfer or disseminate any media containing viruses or other computer codes, files or programs which are aimed at interrupting, impeding or limiting the proper functioning of software, material or other devices in relation to telecommunications;not to bring about any impairment to the operation of the Website or its servers;
- to not override user rights, e.g. by attempting to use tools to which you do not have access or by deleting, adding or changing content on the Website;
- to not imitate or copy the identity of a candidate, company or another person associated with Powerapps24;
- to not sell or transfer your account to third parties;not to disclose your password to third parties;
- to not disclose your password to third parties;
- to not use any practices which could resemble spam or would not be fair, such as e.g. the promotion of a website using fake links or the promotion of your own website or your own company by publishing advertisements on your profile.
3 – Locking of the account – termination
3.1 – Powerapps24’s rights
Powerapps24 reserves the right to suspend or delete the access to the account or to the service until full payment of the amounts owed in the event of non-payment by the company of one of the invoices issued by Powerapps24.
Powerapps24 reserves the right, in the event of a violation by a User of one of their obligations mentioned in these general ToS, to suspend or delete his or her account and the possibility of using the service at any time automatically and without legal clarification, after a request has been sent to the User by email or post, to which there is no reply within eight (8) calendar days following receipt.
3.2 – Users’ rights
If Users no longer wish to use the Website and Powerapps24’s service, they can request the deletion of their account at any time.
3.3 – Legal consequences of termination
Termination leads to the immediate deletion of all content sent by a User to Powerapps24, provided Powerapps24 does not still also require the content to process the contract with the respective company without this forming the basis of a claim by the User.
Irrespective of such termination, the provisions of these general ToS continue to apply for the period prior to termination.
4 – Powerapps24’s duties
4.1 – Accuracy of the information provided by the Users
Although Powerapps24 thoroughly reviews the content published by the Users and reserves the right to verify, change, suspend or delete accounts associated with a profile containing inaccurate information without prior notice, Powerapps24 does not guarantee the accuracy of this content and information.
In particular, Powerapps24 by no means guarantees that it carries out an investigation into the experience claimed by the applicant or the information and content provided.
Powerapps24 cannot be held liable on the basis of information and content which could prove false or unlawful.
It is therefore incumbent on the Recruiters alone if they wish to carry out an investigation or undertake all reasonable efforts to verify the qualities, experience and references of the Candidates.
4.2 – Use of third-party services
The Website allows content from third party services to be published and displayed. Powerapps24 assumes no responsibility for such content with respect to Users or third parties.
4.3 – No guarantee from Powerapps24
Powerapps24 is not responsible for the conclusion of agreements between Candidates and Recruiters.
Any exchange and any commitment to conclude an agreement which may be signed between a Recruiter and a Candidate is the sole responsibility of these parties and excludes Powerapps24’s responsibility.
In general, Powerapps24 cannot be held liable for direct or indirect damage resulting from communications, interactions, relationships, agreements or disputes between the Candidate and the Recruiter. In particular, Powerapps24 cannot be held liable if the Recruiter and the candidate do not fulfill the agreement, fulfill it poorly or end it, irrespective of whether or not Powerapps24 receives costs as part of the Contract.
In cases where the agreement concluded between the applicant and the Recruiter is a service or subcontractor agreement or an agreement intended to regulate the fulfillment of a task for payment of remuneration, which is not an employment contract, the candidate bears the sole responsibility for any damage which he/she may cause to the company as part of the fulfillment of his/her task. If necessary, the Recruiter can ask the candidate to conclude a contract with an insurance company known to be solvent in order to cover all damages that he/she could cause as part of the fulfillment of his/her activities.
4.4 – Availability of the service
Powerapps24 reserves the right, for any reason whatsoever, in particular taking into account technical and computer and/or telecommunication and/or maintenance-related difficulties and/or restrictions and cases of force majeure, at any time, and, if necessary, without prior notice, to interrupt access to the Website, to end or to change the functions of use of the Website wherein it is not possible to hold Powerapps24 responsible for the consequences of such interruptions or changes.
In general, Powerapps24 reserves the right to make changes of any type to the content of the Website.
4.5 – Force majeure
Powerapps24 is released from any liability if the non-fulfilment of one or all of its obligations mentioned in these terms of service is attributed to a case of force majeure.
For the purposes of these ToS, force majeure is defined as an unforeseeable and/or unavoidable event which is outside the control of Powerapps24 (such as e.g. a failure of the hosting provider).
If force majeure prevents, limits or disrupts the service being rendered in accordance with these general ToS or one of Powerapps24’s obligations arising from these terms of service, Powerapps24 is released from fulfilling the contractual obligations in question.
5 – Legal notices
Powerapps24.com is the owner and operator of the Website accessible at the following address https://www.powerapps24.com.
Powerapps24.com Landau4consulting GmbH, a private company with limited liability organized and existing under the laws of Germany, with corporate address at Bahnhofstrassee 21 86415 Mering, registered with the German trade register under number: , represented by Wael Landau, in his capacity of President.
The Website is hosted by the company TOOLYNK, 66 Rue Crillon, 69006, Lyon, France. The servers used by PowerApps24.com are situated in the European Union. Storage of users’ personal data is provided by the company TOOLYNK, 66 Rue Crillon, 69006, Lyon, France. Powerapps24.com undertakes to comply with the legal requirements regarding the transfer of data to companies established in the EU.
The Site was declared at the time of its creation to the CNIL under the declaration number 1282675v9.
6 – Intellectual property
The company trademark Powerapps24, all other trademarks, whether in image format or otherwise, illustrations, images, texts, comments and logos on the Website, irrespective of whether or not they are registered, the general structure of the Website and software texts, stationary images or moving images, know-how, designs, illustrations, databases and all other elements of the Website are and remain exclusively the property of Powerapps24.
The same applies to all copyrights, designs, models and patents that are Powerapps24’s property. Any duplication in full or in part, change, removal or use for any reason and on any media is prohibited without the express prior consent of Powerapps24.
- Hyperlinks
Hyperlinks to other internet sites or services of third-party providers may be available on the Website. Powerapps24 has no control over these internet sites or their content. The publication of links to other such internet sites absolutely does not mean that Powerapps24 approves these sites or the content, products or services offered by them.
- Personal data
By registering, the user agrees to the storage, processing and use of the data collected on that occasion by Powerapps24. The information about the users is intended for Powerapps24’s use.
This data is intended exclusively for managing the registration of the user and the business relationships between the User and Powerapps24. None of this information is ever shared with a third party. Your personal data is processed in accordance with the data privacy statement at the address https://www.powerapps24.com/
- References
Unless otherwise agreed, Powerapps24 may indicate the name of a Recruiter registered on the Website as a reference in a document, whether it is in electronic or another format.
- Subcontractors
Powerapps24 reserves the right to freely subcontract all or part of the services for which it is responsible under these ToS.
- Transfer
The User expressly refrains from transferring, whether in return for payment or free of charge, all or part of the rights and obligations that he/she holds as a result of these ToS.
- Miscellaneous
Please note that the general ToS can be changed by Powerapps24 at any time. The Users will therefore be asked to check the general ToS themselves regularly.
If important or essential changes are made to the general ToS for Powerapps24’s service, the site will be updated with the general ToS on the Website. If you are registered on the Website, we will also inform you of the changes by email. Any change to the general ToS enters into force in relation to new Users of the Website immediately and enters into force thirty (30) days after publication of the new general ToS for existing Users. If you reject the new general ToS after you have been informed about a change, you must cease using the Website. Otherwise, your continued use of the Website will be considered as consent to these changes.
These general ToS replace earlier versions of Powerapps24’s general ToS.
If individual provisions of the contract or these conditions are ineffective or the contract contains gaps, the effectiveness of the remaining provisions will not be affected thereby.
The fact that Powerapps24 does not refer at a determined time to one of the clauses of these terms of service and/or that the user does not fulfill one of their obligations under these terms of service, cannot be interpreted as Powerapps24 waiving the right to later refer to one of these clauses or contractual obligations.
Accordingly, other rules may not have priority over these terms of service, unless Powerapps24 has expressly agreed to this in writing. Any contrary determination, lodged by a User, is therefore not enforceable against Powerapps24 without express consent, irrespective of when Powerapps24 became aware of it.
- Applicable law and jurisdiction
These general ToS are subject to the laws of the Federal Republic of Germany. All disputes about the existence of the general ToS, their validity, interpretation or ending are subject to the exclusive competence of the Berlin
Subcontractor Evaluation App