Malt Community Terms and Conditions of Use and Sale
Version in effect as of March 1st, 2024
These terms and conditions of use and sale (hereinafter referred to as the "Terms and Conditions") are entered into between:
Malt Community, whose identification and contact details are given in the Annex to this document (hereinafter: the "Company").
The User of the Marketplace as indicated in the Annex.
As of August 4, 2023, the number of users on the marketplace is 1,310,500.
The Company operates a website accessible at the address indicated in the Annex (hereinafter the "Marketplace") which connects Freelancers and Customers.
The purpose of the Malt Community Terms and Conditions of Use and Sale (hereinafter the "Terms and Conditions") is to govern the terms and conditions of use of and sales on the Marketplace, and to define the rights and obligations of the Users connected via the Marketplace.
Any access to and/or use of the Marketplace implies unconditional acceptance of and compliance with all of these Terms and Conditions.
I - Definitions
Customer: means any legal entity or individual, using the Marketplace for strictly professional purposes, with a view to entering into contact with or being put into contact with one or more Freelancers in order to entrust them with completion of an Assignment.
Account: means the account created on the Marketplace by the User upon registration on the Marketplace.
Content: means any comments, messages or information of any kind (text, images, videos, photographs, comments, trademarks, corporate names etc.), posted by a User on the Marketplace.
Quote: means the service proposal drawn up by the Freelancer on the Marketplace.
Company : means Malt Community SA and its subsidiaries, which carry on a permanent business activity, namely: Malt Community SL, Malt Community GmbH, Malt Community SRL, Malt Community BV and Malt Community Ltd.
Freelancer: means any individual or legal entity who has registered a business activity and is registered with the relevant trade register, or any self-employed individual working pursuant to legal conditions from the country where the Company has a Company or from abroad and offering services to Customers via the Marketplace.
Malt Plus: means the advanced artificial intelligence programme created by the Company in order to search for Freelancers which meet criteria established by the Customer. Depending on the Customer's subscription, the results may be processed for the purposes of pre-qualification by the Company's sourcing teams.
Malt Strategy: refers to an additional service offering wherein Malt's recruitment experts conduct a customized search, based on the criteria provided by the Customer, in a non-public database of highly qualified, pre-vetted freelancer profiles—all who have experience as interim executives, management and strategy consultants, and industry experts.
Invoicing Mandate: means the invoicing mandate entered into between the Freelancer and the Company, the terms of which are specified in Article 2.2.2 of the Terms and Conditions, pursuant to which the Freelancer agrees to entrust the Company, in accordance with applicable regulations, with drawing up and issuing invoices for Assignments completed for a Customer via the Marketplace.
Marketplace: means the website operated by the Company at the address indicated in the Annex.
Assignment: means the specific task assigned by a Customer to a Freelancer on the Marketplace.
Services: means all services provided by the Company as defined in Article 3.1 hereof.
Users: refers to Freelancers and Customers registered on the Marketplace.
Validation: means the process defined in Article 3.2.5 of the Terms and Conditions at the end of which the Customer declares on the Marketplace that the Assignment performed by the Freelancer is complete and compliant with the Quote.
II - Registration on the Marketplace
2.1 Conditions governing User registration on the Marketplace
In order to access the Services, the User must create an Account by registering on the Marketplace.
The User must be at least 18 years old and of legal age to contract and use the Marketplace in accordance with these Terms and Conditions. The User is required to provide accurate information and undertakes to immediately update said information in the event of any change.
Access to the Account created is protected by a username and password chosen by the User when registering on the Marketplace. The User alone is liable for any use which it may make of its username and password, and is responsible for keeping them confidential and for any use made of its account.
2.2 Conditions governing Freelancer registration on the Marketplace
2.2.1 In order to be referenced as a Freelancer on the Marketplace and be visible to Users, the Freelancer must complete their profile page with accurate comprehensive information, upload a recent photograph and keep their Account up-to-date.
As the Marketplace is a local platform, the Freelancer is required to indicate where they are registered or their usual place of residence as their main area of activity.
The Company may, at its discretion, invite Freelancers to be a part of the non-public Malt Strategy database on the basis of their professional experience and other qualifications.
2.2.2 Invoicing Mandate
The Freelancer acknowledges and agrees that the creation of an Account on the Marketplace implies its unconditional consent for entering into an Invoicing Mandate with the Company. Under the Invoicing Mandate, the Freelancer, principal, exclusively entrusts the Company, agent, with (i) drawing up and issuing its invoices for the Assignments carried out via the Marketplace, and (ii) collecting payment of said invoices, on their behalf.
The Freelancer agrees to upload to the Marketplace, the required documents concerning them in order to meet obligations as part of the fight against concealed work and transparency rules (KYC) in order to combat tax evasion, money laundering and the financing of terrorism.
The Freelancer shall send the Company all information required for the preparation of invoices, which can only be issued by the Company once the Customer has validated.
In the event of a justified request to rectify an invoice, the Company undertakes to immediately issue an amended invoice. Invoices issued by the Customer will expressly refer to the Invoicing Mandate insofar as they bear the following mention: "Invoice issued by [Company name] in the name and on behalf of [Freelancer's name/corporate name]", or any equivalent mention.
The Freelancer acknowledges that the updating of any information relating to their legal, accounting and tax situation is essential to performance of the Invoicing Mandate and undertakes in this respect to immediately inform the Company of any change likely to impact performance thereof (change of registered office, corporate form...).
The Company undertakes to comply with all applicable legislation on invoicing, and in particular to ensure that the appropriate accounting and tax information (including VAT) is mentioned on the invoices issued. Freelancers remain solely responsible for their accounting and tax obligations regarding the issuance of their own invoices.
The Company remains liable for any VAT due, in accordance with national regulations as specified in the Annex, when it is wrongly invoiced.
The Invoicing Mandate is one of the Services provided by the Company, the financial consideration for which is included in the commission payable by the Freelancer to the Company.
The Company will provide the Freelancer with a copy of all invoices issued under the Invoicing Mandate. The Freelancer will promptly dispute any invoices issued by the Company in their name and on their behalf, and no later than three days after the issuance of such invoice.
The Invoicing Mandate will enter into effect as from acceptance of the Terms and Conditions, and remain in effect until the Freelancer cancels their registration on the Website for any reason whatsoever or the Company terminates the Invoicing Mandate.
2.2.3 In the case of Freelancers domiciled outside France, they will be required to respect all obligations incumbent upon them by virtue of legislation applicable to their status in their country of residence, as well as the obligations arising from their use of the Marketplace.
2.2.4 In the case of self-employed professions for which exercise of the activity by the Freelancer is subject to compliance with access criteria or conditions of practice that are subject to a regulatory framework imposed by the State (regulated professions), the Freelancer undertakes to ensure they have (i) the right to practice the profession and (ii) the right to carry out the Assignments for which they advertise on the Marketplace.
2.2.5 In addition, if the Freelancer wishes to benefit from an invoice financing service offered by one of the Company's partner finance companies, the Freelancer undertakes, as may be relevant, to sign an accounts receivable transfer agreement, or any other equivalent document, allowing the Company to manage the financing of their invoice in their name and on their behalf.
2.3 In the event that a User provides false, inaccurate, out-of-date or incomplete data, the Company will be entitled to suspend or close their account and refuse any future access to all or part of the Services.
III - Description of the Services and functioning of the Marketplace
3.1. Description of the Services
3.1.1 The Services include, but are not limited to:
- the possibility for the User to create an Account on the Marketplace;
- connecting Freelancers and Customers via the Marketplace for the realization of Assignment wherever Malt operates;
- making payment methods available to secure the roll-out of a Assignment;
- the collection of any document for justifying a Freelancer’s legal status and, if necessary, for ensuring Customers can be in compliance with national law. In the event that the Customer has a legal obligation to verify a Freelancer’s legal status independently, Malt will provide the required documents. At that point, the Customer remains solely responsible for verifying them;
- preparing and issuing invoices relating to the Assignments completed by the Freelancer via the Marketplace, under the Invoicing Mandate;
- The possibility for the Freelancer to receive the financing of their invoice through one of the financial partners according to the terms specified in the following article 3.2.7 hereof.
- automatic recommendation tools for Freelancer profiles.
3.1.2 In addition to the Services, Customers may benefit from additional services by subscribing to one of the offers described in more detail at the address www.malt.com/price (hereinafter the "Additional Services").
Depending on the offer subscribed by the Customer, these Additional Services include:
- Sourcing: a bespoke consulting service allowing the Company's teams to look for Freelancers which meet the criteria fixed by the Customer;
- Customized Interface: the creation by the Company of a customized Marketplace for the Customer, allowing collaborative use by several of the Customer's employee Users;
- providing an online system allowing Freelancers to review and agree to all contractual documentation relating to an Assignment;
- The possibility to pay the invoice for a specific Assignment on the due date, in accordance with the Customer's usual payment deadlines;
- Malt Insights: the provision, for the benefit of the Customer, of a management and contractualization tool for data regarding Assignments created by the Company, making it possible to (i) monitor the evolution of the number of Assignments in progress and completed for the Customer, (ii) centralize and monitor all invoices and payments made on the Marketplace, (iii) set up alerts and implement internal management rules specific to the Customer.
- Malt Unique Provider: this offer provides a full suite of services for managing the contractual and administrative elements related to the Freelancer relationship.
- Malt Strategy: customized searches conducted by Malt's recruitment experts, and based on the criteria provided by the Customer, in a non-public database of highly qualified, pre-vetted freelancer profiles—all who have experience as interim executives, management and strategy consultants, and industry experts.
3.1.3 Special provisions for Malt Unique Provider Services
Within the context of the Unique Provider service offering, Malt shall generate and issue Quotes in its own name, but which shall include the name of the Freelancer who is to carry out the Assignment for the Customer.
Provisions set out in Article 3.2.5 apply to Customers who have subscribed to this offer.
a - Price of Services
The Customer undertakes to pay Malt the Assignment Price, as well as additional Service Fees.
The parties acknowledge and agree that upon settlement, Malt undertakes to pay the Assignment Price in full to the Freelancer, with the explicit understanding that ownership of any of the Freelancer’s intellectual property - generated in connection with work performed as part of the Assignment - shall be transferred to the Customer upon reception of said payment.
Service Fees exclude VAT.
Unless otherwise provided, the price of the Assignment is fixed and final. Any modification of the Assignment that should lead to a modification of financial conditions must be approved in advance by the Parties as part of a new quote to be submitted and accepted separately.
Expenses incurred by the Freelancer for the execution of the Agreement - such as for travel, and accommodation if applicable - are included in the Price of the Assignment.
b - Transfer of intellectual property rights
In the context of the Assignment, Malt undertakes to transfer to the Customer all Results that may result from the Assignment.
Unless otherwise specified, the Assignment Price includes the Customer’s purchase of all property rights generated by the Assignment (in particular, the rights to reproduce, to represent, to use, to adapt, to modify, to translate, to distribute, to operate, to rent and to loan).
Such purchase leads to a transfer, applicable worldwide and for the duration of the protection of the intellectual property rights currently granted or that would be granted by the laws, regulations and international conventions to come, for all purposes and destinations, in any form. Transfer of rights excludes pre-existing tools, methods, expertise and know-how provided by the Freelancer.
In carrying out the Assignment, the Freelancer may employ resources subject to intellectual property rights. These resources, belonging to the Freelancer or by third parties, are hereinafter collectively referred to as "Means". Should these Means be a part of the delivered Results, or be essential for the implementation of Results, the Freelancer undertakes to ensure that a license, with no extra costs, is granted to the Customer, or is sub-licensable at no cost to the final Customer. The Freelancer must expressly inform the Customer in advance before employing the use of said Means. Usage of "Open Source" licenses and/or the use of open software must be agreed upon in advance by the Customer and the Freelancer.
c - Liability
Malt shall be exclusively liable towards the Customer for any damages resulting from a breach of its obligations under the performance of the Assignment.
Nevertheless, Malt’s liability is limited and may in no way be held, for any reason whatsoever, for amounts that exceed the lump sum of five hundred thousand (500,000) euros, all taxes included.
In all circumstances, Malt may not be held liable 18 months following the occurrence of the event for which liability is called.
d - Data Protection
The Freelancer acts under the Customer’s instructions with regard to the processing of the latter's personal data.
3.2. How the Marketplace works
3.2.1 Connecting Users via the Marketplace
The Customer contacts the Freelancer (i) directly on the Marketplace or (ii) through the Company.
3.2.2 Issuing Quotes
After discussing the scope and terms and conditions of the Assignment, the Freelancer sends the Customer a Quote via the Marketplace.
3.2.3 Provisioning by the Customer of the price of the Assignment
In the event of an agreement on the Quote, the Customer adds electronic money to its account corresponding to the price of the Assignment specified in the Quote, allowing the Freelancer to start the Assignment.
The Freelancer will start to perform their Assignment as soon as they are given notice on the Marketplace that the Customer has added money corresponding to the price of the Assignment. In the event of non-compliance with this provision, any Assignment started before the price thereof has been provisioned for will be at the Freelancer's own risk and peril. The Freelancer expressly acknowledges waiving taking any recourse against the Company.
The Customer undertakes not to request cancellation of its provision paid electronically to its financial institution during performance of the Assignment.
Notwithstanding the aforementioned provisions, a Customer which has subscribed the Additional Services is not required to provision for the Assignment and will pay the invoice for the Assignment respecting the usual payment deadlines and in accordance with the conditions provided for in said invoice.
3.2.4 Invoicing of the Assignment
At the end of the Assignment, an invoice is created and issued by the Company, either in the name and on behalf of the Freelancer, in accordance with the Invoicing Mandate, or in the name of the Freelancer in the event that the Customer has subscribed to the Malt Unique Provider offer.
3.2.5 Validation of the Assignment
The Customer has a period of (15) fifteen calendar days as from notice, sent by the Company to the User account email address, to validate the Assignment on the Marketplace.
By validating the Assignment, the Customer definitively waives making any claim or taking any recourse against the Company regarding the payment made.
In the absence of Validation within this period, and unless the Customer expressly indicates its intention to object to Validation of the Assignment, the Customer acknowledges that the Company may validate the Assignment and release the amounts set aside for the Freelancer, without any prior formality.
In the case where the Customer benefits from the possibility to pay the invoices on the due date in accordance with its usual payment deadlines, the Customer undertakes to pay them under the same conditions after Validation by the Company.
3.2.6 Payment of the Freelancer
Validation of the Assignment by the Customer on the Marketplace results in final payment to the Freelancer of the invoice total, after deduction of the commission payable by the Freelancer to the Company.
3.2.7 Financing of the Freelancer's invoice by the Company's financial partners
By contracting an assignment with a Customer who benefits from the additional services described in article 3.1.2, Freelancers by default accept to receive the financing of their invoices. The User entrusts the Company with the scheme to present their invoice to the Company's financial partners listed below. Thus, by accepting the General Terms and Conditions of the Marketplace, Users accept without reservation the general terms and conditions of sale of the below financial providers:
- Defacto : company specialising in no-cost cash advancs of Freelancer invoices issued via the Marketplace through the provision of participatory loans for which Malt stands surety, and according to the terms and conditions set forth in the general terms and conditions of sale available at this address.
- Billie : a company specialising in the repurchase of invoices from freelancers issued via the Marketplace, at no additional cost, and according to the terms set by the single purchase agreement as received by the freelancer with each financing.
- Aria : offers a system of immediate payment to the Freelancer through a service to repurchase the debt due to the Freelancer once the Freelancer has invoiced the Customer, according to the terms and conditions set out in the general terms and conditions of assignment of receivables available at this address.
IV - Access to the Marketplace and Services
4.1 Accessing the Marketplace
Users are responsible for setting up the technical means necessary (i.e., computers, mobile phones, or other telecommunications) for accessing the Marketplace. Any costs incurred for using the Internet for accessing the Marketplace are the sole responsibility of the User.
The Marketplace is accessible 24 hours a day, 7 days a week for all Users.
The Company reserves the right, without prior notice or compensation, to temporarily or permanently shut down the Marketplace and/or access to one or more of its Services in order to update, modify, or change, but not limited to, its existing operating infrastructure, servers, and accessibility times.
The Company reserves the right to make any changes and improvements to the Marketplace and its Services that it deems either necessary or useful for the proper functioning of the Marketplace and its Services.
4.2 User access
Access to the Marketplace and its Services is exclusively reserved for its Users.
The Marketplace may not be used by intermediaries or recruitment professionals, nor by their employees, acting on behalf of an end-user unless expressly authorized by the Company under the terms and conditions contractually defined by it.
Additionally, any individual or legal entity that does not qualify as a Freelancer, as defined in both Article I and in the Appendix, is not authorized to create an account on the Marketplace as a Freelancer nor may send Quotes or perform Assignments via the Marketplace.
This particularly applies to salaried employees, equipped with a full-time employment contract and working in accordance with national labor laws, who have created an account on the Marketplace specifically to contact a Customer for carrying out an assignment outside the Marketplace or to receive payment for that work outside the Marketplace.
In the case of non-compliance, the Company reserves the right to:
- close all related account(s) permanently;
- demand that the person, the legal entity employing said person, and all other unauthorized legal entities working on behalf of said person pay an indemnity of at least €10,000 based on the gravity of the infraction(s) incurred; and
- take all other necessary measures as provided by the law.
These parties are the only ones responsible for the direct or indirect damages they cause as a result of their behavior, and must assume the consequences of their actions accordingly.
4.3 Illegal web scraping
It is strictly forbidden to carry out any form of extraction or harvesting of data and/or other information from Malt’s web pages in an automated manner, or otherwise, using specialized software, robots, or other devices that can “scrape” user data available on the Marketplace or copy and paste information related to Malt’s Services. Any person carrying out such “web scraping” activities may be sanctioned by the Company.
V- Price of the Services
5.1 Prices for Freelancer Services
Unless exempted as described in Annex 1 hereof, the Freelancers pays a commission to the Company, calculated on the basis of a percentage of the total price of the Assignment. This commission is deducted directly from the amount payable to the Freelancer.
The amount of the commission (excluding options) is fixed as a percentage of the price of the Assignment excluding taxes, based on the history and relationship between the Freelancer and the Customer.
5.2 Price of Customer services
The Customer pays a commission to the Company, calculated on the basis of a percentage of the total price of the Assignment excluding taxes (hereinafter referred to as the "Service Fees").
For the purposes of generating invoices, the Customer must provide Malt with all required information no later than two weeks following the start of the Assignment (e.g. purchase order number, billing details).
Should the Customer fail to comply with this obligation, Malt may charge the Customer the equivalent of a 10% annualized rate to cover any additional costs incurred as a result.
VI- Payment system
6.1 The Customer pays the price of the Assignment by advance payment into an electronic bank account (escrow account). Advance payment is made by bank card via a secure online payment service or by bank transfer.
By way of exception, the Customer who has subscribed to Additional Services will pay in accordance with the terms and conditions provided for in Article 3.2.3.
6.2 In order to set up the payment system, the Company has subscribed to the services of Mangopay S.A., an authorized electronic payment company, registered with the Luxembourg Trade and Companies Register under No. B173459, having its registered offices at 2 Avenue Amélie, 1125 Luxembourg (hereinafter "Mangopay").
The Users enter directly into contracts with MangoPay for advance payment and declare that they accept the MangoPay terms and conditions available here MangoPay Credit Mutuel Arkea terms and conditions.
Receipt of funds in the context of advance payment into an electronic bank account does not constitute a bank deposit and does not bear interest.
VII- Review and recommendation system
7.1 At the end of each Assignment, the Customers and Freelancers are both encouraged to review their collaboration. Reviews left by a Customer may appear on the Freelancer’s page. Reviews left by a Freelancer may be visible to the Freelancers contacted by the Customer for a new Assignment.
Reviews left by Customers cannot be modified after a one-month period as from the end of the Assignment.
7.2 Freelancers also have the opportunity to have themselves recommended by other Users such as colleagues, friends or former customers, with whom they have worked in the past.
Recommendations may be hidden directly by the Freelancer on their profile. The Freelancer undertakes nonetheless not to publish, or have published, phoney reviews on their profile.
7.3 Reviews and recommendations must reflect objective considerations and cannot, under any circumstances, include excessive or insulting elements. We reserve the right to delete any such reviews or recommendations.
8.1 Cancellation of the Assignment by mutual agreement
In the event that the Assignment is cancelled by mutual agreement (whether at the initiative of the Customer or the Freelancer), the Company will refund the price of the Assignment to the Customer, within 15 days.
8.2 Dispute between the Customer and the Freelancer
8.2.1 Informing the Company's Customer Service Department of a dispute.
In case of a disagreement between the Customer and the Freelancer on the quality of the service, the field, conditions or level of completion of the Assignment, the latter agree to inform the Company via its customer services..
8.2.1 Attempted mediation
As from when the Customer and/or Freelancer refers a matter to us, the customer service department will act as mediator, for a maximum period of 45 days (hereinafter the "Mediation Period"), in an attempt to propose an amicable solution to settle their dispute.
During the Mediation Period, the Customer and the Freelancer undertake to make every effort to discuss and find an amicable solution to their dispute.
8.2.2 End of the Mediation Period
The Company will terminate the Mediation Period as soon as the Customer and the Freelancer have found an amicable solution to their dispute.
If at the end of the Mediation Period, the Customer and the Freelancer have not managed to find an amicable solution to their dispute, the Company will put an end to the mediation period and cease to handle the dispute. The Customer and the Freelancer will then be personally responsible for the settlement of their dispute.
If no agreement is reached during the Mediation Period, and if provision has been made for the Assignment by prepayment of a deposit into an escrow account, the Company will return said amount to the Customer after deduction of a lump-sum administrative fee of 90 euros, corresponding in particular to the costs incurred by the Company with the payment service providers as well as the cost of handling the dispute.
The request for the return of the deposit can only be made by the Customer at the end of the Mediation Period, by registered letter with acknowledgment of receipt sent to the Company's Customer Service Department at its registered office.
The Company will return the deposit to the Customer within 15 days of receipt of said letter.
IX - Undertakings
9.1 User obligations
9.1.1 The User undertakes to access and use the Marketplace and the Services in accordance with laws in force and these Terms and Conditions.
In this respect, the User acknowledges that for the exclusive purpose of allowing the Company to confirm compliance with these Terms and Conditions and applicable laws, it may check all Content published or exchanged on the Marketplace.
Likewise, the User acknowledges that the Company can intervene to moderate the Content published if it does not respect the laws and regulations in force as well as the Users’ obligations pursuant to these Terms and Conditions.
9.1.2 The User undertakes to make and complete all the necessary declarations and formalities for their activity, and to satisfy all legal, social, administrative and tax obligations and all specific obligations incumbent upon them, as may be relevant in accordance with legislation they are dependent on, in the context of their activity and use of the Services.
If asked, the User undertakes to immediately provide the Company with all supporting documents proving that they fulfil the conditions set forth in this Article.
The User alone is responsible for the proper completion of the aforementioned formalities incumbent upon them. The Company cannot be held liable in this respect.
9.1.3 The User agrees to not use the Marketplace for any purpose other than the Services it provides but also to use the Marketplace only in the way it has been intended to be used. In particular, the User may not circumvent the Marketplace and its Services by contracting any Assignments found via the Marketplace outside of the Marketplace.
Users undertake not to extract any content from the Marketplace for a similar or competing activity, or for recruitment purposes.
9.2 Customer obligations
9.2.1 The Customer undertakes to provide any Freelancer with whom they enter into contact via the Website with a serious and sufficiently detailed Assignment offer, with a view to obtaining a price proposal.
In this respect, the Customer undertakes to make any precisions necessary so that the description in the Assignment offer is as accurate as possible and does not mislead the Freelancer when drawing up the Quote.
The Customer also undertakes not to use the Services and the Marketplace to promote their activity or that of a third party. They notably undertake not to send advertising messages to Marketplace Users or to solicit them.
9.2.2 The Terms and Conditions aim to ensure fair compensation to the Company for its Services provided to Users. If a Customer engages with a Freelancer for a professional relationship outside of the Marketplace, directly or indirectly, whatever the nature and whatever the duration of this professional relationship, within 12 months of being connected to this Freelancer through the Marketplace or via the Company’s sourcing team, this will constitute a breach of the Terms and Conditions. In this event, the Customer acknowledges and agrees to pay the Company a compensation fee of €10,000.
9.3 Freelancer obligations
9.3.1 The Freelancer undertakes to keep strictly confidential all exchanges with Customers as well as any information communicated to them or of which they become aware when contact is made via the Marketplace (which may or may not give rise to an Assignment. Users notably undertake not to share with any third party, either privately or on social media, any exchange, information or extract from a conversation on the Website messaging service.
9.3.2 The Freelancer undertakes to only propose their services and complete Assignments on the Marketplace in their own name. Therefore, they undertake not to subcontract all or part of the Assignment to a third party. In the event that the Freelancer’s status is anything other than a sole trader, only the gérant, chairman or partner of the structure, an individual, can invoice. The Freelancer therefore undertakes to create a profile on the Marketplace and to complete the Assignment themselves.
X - Liability
Liability of the Users
10.1 The User alone is responsible for any direct or indirect harm they may suffer due to inaccurate, incomplete and/or misleading information provided when registering or by failing to update this information, and accepts all consequences thereof.
The User acknowledges and accepts that any notice pursuant to these Terms and Conditions can be given using the contact email address entered when creating an Account on the Marketplace.
10.2 The User alone is liable for any Content which they choose to upload to the Marketplace; the Company does not control the Content before it is uploaded.
The User expressly undertakes not to publish any Content which is insulting, inflammatory, disparaging, slanderous, racist, xenophobic, contrary to good morals, infringing, harms public policy and third-party rights, which may harm the rights, reputation and image of the Company and in general, which infringes laws and/or regulations, in particular criminally-sanctioned.
10.3 The Customer alone is liable for the description of the Assignment for which they request a proposed rate from the Freelancer. In the event of an error in the Assignment description, the Customer alone will take responsibility for any necessary additional services and related extra charges by formalising an Assignment supplement with the Freelancer via the Marketplace.
10.4 The User is solely responsible for the execution and completion of any Assignments contracted with another User via the Marketplace, wherein the Company simply serves to put all relevant parties in contact. The successful execution and completion of these work contacts, ultimately made between a Freelancer and a Customer, is, therefore, the combined responsibility of both parties.
Wherein the Customer has subscribed to the Malt Unique Provider offer, in which the Company is responsible for managing the contractual and administrative elements related to the Freelancer relationship, the Company’s obligations and responsibilities on behalf of the Customer are defined under the terms of the contract signed between both parties.
10.5 The Freelancer acknowledges that the tools and technical resources made available by the Company do not exonerate them from liability regarding the legal obligations incumbent upon them. In particular, the Freelancer acknowledges that they remain fully liable with respect to their legal and tax obligations regarding invoicing for initial and/or corrective original invoices issued in their name and on their behalf by the Company, notably concerning their declaration and payment obligations for VAT and in accordance with the Invoicing Mandate.
Liability of the Company
10.6 The Company takes all measures to ensure access to and the proper functioning of the Marketplace and Services 24/7.
Nonetheless, given the limits of the Internet, the Company cannot rule out the possibility of access to and the functioning of the Marketplace and Services being disrupted in the event of force majeure, poor functioning of the User’s equipment, malfunctions in the User’s Internet service or maintenance operations designed to improve the Marketplace and Services.
Consequently, the Company cannot be held liable for any disruption of Services, whether voluntary or not, it being specified that it undertakes to make every effort to limit disruptions which may be attributed to it.
10.7 The Company provides Freelancers and Customers with the tools and technical resources allowing them to contact one another in order to enter into a service agreement on the Marketplace. Its liability is limited to providing these resources as described herein and putting Freelancers and Customers into contact.
The Company cannot be held liable for how often Freelancer profiles are presented on the Marketplace.
The Company and the User are independent parties, each one acting in their own name and on their own behalf.
The Company does not enter into any contract in the name and/or on behalf of a Freelancer or a Customer.
Consequently, the Company cannot under any circumstances be considered as an employee/employer or agent of a User.
With the exception of the services included in the Malt Unique Provider offer, the Company plays no other role, in any capacity whatsoever, related to the execution and completion of Assignments contracted between Freelancers and Customers, wherein both parties have the sole responsibility to make known any problems or difficulties, by filing claims or disputes, that may arise at any point during the execution and/or completion of said Assignments.
In this respect, the Company cannot be held liable for any cancellation of payment or withdrawal of direct debit authorisation at the sole initiative of the Customer, and the possible consequences thereof.
10.8 The Company will do everything in its power to ensure the content and validity of information and documents communicated by the Freelancers on the Marketplace when they are established in France. Nonetheless, the Company cannot be held liable in any way whatsoever for infringements of obligations incumbent upon them, in particular in the context of the fight against concealed work and respect for transparency rules as well as any resulting damage.
Therefore, the Company cannot be held liable for false or misleading information or information which is not up-to-date communicated to it by the Freelancer.
Likewise, the Company reserves the right not to communicate messages from a User to another User when they do not respect these Terms and Conditions.
XI - Freelancer Insurance
11.1 The Company took out a professional civil liability insurance policy with Hiscox SA to allow Freelancers to benefit from insurance cover in the context of the Assignments performed by them via the Marketplace, pursuant to the conditions stipulated in the policy.
This insurance covers the Freelancer as from validation of the price proposal by the Customer.
11.2 The details of the cover (in particular nature, limits, excess etc.) and special terms and conditions of cover of the Hiscox policy taken out by the Company can be accessed here. The Hiscox terms and conditions, also applicable, can be accessed here.
By accepting these Terms and Conditions, Freelancers declare that they have familiarised themselves therewith.
The Freelancer acknowledges and accepts that in the event of a dispute covered by the Hiscox policy taken out in their name and on their behalf by the Company, they will owe the latter the excess provided for in the special terms and conditions. The Freelancer gives their authorisation for this amount to be debited by the Company from any amount which may be due by the Customers for the Assignment completed via the Marketplace.
For information purposes, and without any such provision adding to or taking away from the special terms and conditions or general terms and conditions of the Hiscox policy taken out, the Freelancer is covered throughout the world.
11.3 The Company cannot be held liable in the event of non-application of the Hiscox policy to any damage whatsoever.
The Freelancer also acknowledges that they are free to take out their own third-party liability insurance in their name and on their behalf, in particular in order to extend the field and/or geographic and/or temporal scope of application of the Hiscox policy cover taken out by the Company or reduce the amount of the excesses stipulated.
XII - Personal data
The manner in which data related to the use of the Marketplace and any other interaction with the Company is processed is explained in the Data Protection Policy available here.This data protection policy also clarifies the rights of data subjects to access or request rectification, erasure or portability of or to limit access to personal data. The Company has appointed a data protection officer who is available to answer any questions Users may have regarding the protection of personal data at Malt sent by email to [email protected] and by post to DPO, Malt Community, 241 rue Saint Denis- 75002 PARIS.
XIII - Cookies
For the proper functioning of the Marketplace and the Services, cookies may be installed on the User's device when they access the Marketplace. Cookies are small text files that are stored on the browser or device by Internet marketplaces, applications, online media and advertisers.
The Company has a cookie use policy available at this address, which describes the different categories of cookies that Malt Services uses and specifies the reasons for their use. The list of third-party cookie vendors is provided for informational purposes only and is not exhaustive. This policy also explains how to set your cookie preferences.
XVI - Intellectual Property
14.1 The Marketplace
The Website and each of the elements composing it, in particular but not limited to texts, images, videos, photographs, brands, logos, trade names and domain names are the exclusive property of the Company or its partners.
These elements are protected by intellectual property and other laws, including copyright.
Any reproduction or representation, in full or in part, of the Marketplace or one of the elements composing it, without the Company’s authorisation, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code.
Any User who publishes Content on the Marketplace retains full ownership of anything that they publish.
By creating a profile or leaving recommendations on profiles, the User expressly authorises the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display this public Content on the Marketplace, social media, blogs operated by the latter and/or any other media (in particular physical and digital media, press kits and sales, promotional and/or advertising materials), by any means, for the purpose of operating, improving, promoting, marketing or advertising the Services and the Marketplace or setting up partnerships. This authorisation is valid for the entire world and for the entire duration of registration of the User.
The User acknowledges that any use which the Company makes of their Content prior to cancellation of registration or erasure or cancellation of their Account cannot be called into question.
XV - Hypertext links
15.1 The User is authorised to create one or more hypertext links directing, for example, to the Marketplace homepage or profile page in the case of a Freelancer.
Users undertake not to create any link towards websites which are not compliant with legislation in force or which may harm the interests, reputation and/or image of the Marketplace and the Company.
In any case, the Company reserves the right to withdraw this authorisation at any time if it deems that the link established with the Marketplace is likely to harm its interests, reputation and/or image.
The existence of a hypertext link from a third-party website towards the Marketplace cannot under any circumstances imply cooperation and/or a partnership between the Marketplace and this third-party site. The Company has no control over the third-party websites and consequently does not accept any liability for content and products and/or services available on or from these third-party websites, including a hypertext link to the Marketplace.
15.2 The Marketplace may contain links to the Company's partner websites or to third-party websites. The Company has no control over these websites and consequently does not accept any liability regarding the availability thereof, their content and the products and/or services available on or via these third-party websites.
The Company cannot be held liable for the direct or indirect damage which may be caused when a User accesses the partner’s and/or third-party’s website and uses content and products and/or services on this third-party website.
XVI - Regulation of the use of APIs
The Company provides Users with APIs allowing the use of their data via a security token. This token can be used directly or transmitted to third party applications in order to use the information they have entered on their profiles in addition to that which has resulted from the application of Marketplace Services.
The User's choice in utilizing these APIs and the consequent sharing of their data remains exclusively of their own initiative and responsibility.
The Company is committed to taking all technical and organizational measures necessary to ensure the safety of this data but cannot be held responsible for the User's data once entrusted to a third party within the context of using the token.
XVII - Term, termination and sanctions
This contract is entered into for an indefinite term as from acceptance of the User’s Terms and Conditions.
Any use of the Marketplace and Services contrary to the Terms and Conditions and/or laws and regulations in force entitles the Company to suspend, without notice, the User’s Account or to refuse the User access to all or part of the Marketplace, without prejudice to any damages which the Company may be entitled to claim.
The Company may also, five (5) days after informing the User via the messaging service, automatically close the User’s suspended Account without any compensation being due for any reason whatsoever.
These measure can notably be enforced in the following cases:
- communication of false information by the User (documents, location, experience...);
- abusive language towards a User or a Company employee;
- unfair use and/or circumvention of the Marketplace, including contracting for a Assignment outside the Marketplace;
- subcontracting Assignments which are entrusted to a Freelancer, employees or third parties;
Likewise, in the event that the User is the subject of repeated disputes or reports from Customers to the Company’s Customer Services, the Company will be entitled to delay visibility of the content hosted on search engine results, suspend or close their account.
Closure of the User’s account by the Company will automatically result in the termination of these Terms and Conditions.
XVIII - Customer Services
For any questions or information regarding the Marketplace and Services, the User may contact the Company via the "contact" section on the Website or by sending an email to the address specified in the Annex.
XIX - Nullity - Waiver
In the event that one of the Articles in this contract is declared null and void by a change in legislation or regulations or a court decision, this does not in any way impact the validity of and compliance with these Terms and Conditions.
Should the Company fail to exercise its rights recognised in accordance herewith, this does not constitute a waiver of asserting said rights.
XX - Amendments to the Terms and Conditions
The Company reserves the right to modify at any time, and at its sole discretion, all or part of these General Terms and Conditions, in particular, article 3.1.1 relating to the description of Services based on how the Services offered by the Company evolve over time.
When a User continues to use the Marketplace after amendments have been made thereto, they are deemed to have accepted said changes.
If the Company makes significant changes, it will notify Users by reasonable means, for example, by posting notice of such changes on the Marketplace or by sending an informative email to Users.
XXI - Governing law and jurisdiction
These Terms and Conditions of Use are governed by French law. Any dispute regarding the formation, conclusion, interpretation and/or enforcement thereof falls under the sole jurisdiction of the court as specified in the Annex.
Version effective as from 4 January 2022
Annex 1 - Specificities related to the Society
This Annex applies to the agreement between Malt and the User.
If there is any conflict between the General Terms and Conditions and this Annex, this Annex shall control. All other terms between Malt and the User shall remain unaffected.
The contracting Company shall depend upon the domain selected for performance of the contract.
Malt Community SA shall be considered the principal contracting party.
|Contracting Company and head office
|Applicable Law and Jurisdiction
Malt Community SA - A public limited company, registered with the Paris Trade and Companies Register under No. 791 354 871, having its registered office at 18 rue du Godot de Mauroy - 75009 Paris.
Applicable law : French law
Competent jurisdiction : The Commercial Court of Paris
Other national regulations : The Company remains liable for any VAT due, pursuant to Article 283 paragraph 3 of the French General Tax Code, when it is wrongly invoiced.
Malt Community SL - A limited liability company (Sociedad Limitida), registered with the number 0B87944641 in the Madrid Registry of Companies, with its registered office at Velázquez, 64-66 - 7ª, 28001 Madrid.malt.sl
Applicable law : Spanish law
Competent jurisdiction : Spanish Courts and Tribunals
Other national regulations : Law 10/2010 of 28 April 2010 on the prevention of money laundering and terrorist financing; Spanish Intellectual Property Law.
Malt Community GmbH - a public Limited Liability company (Gesellschaft mit beschränkter Haftung), registered via the Berlin Company Register (HRB 162116), having offices at Wilhelmstraße 118, 10963 Berlin.
Applicable law : German law
Competent jurisdiction : Court of Berlin
Other national regulations : Sec. 14c German VAT Code; German copyright Act.
Malt Community SRL - A limited liability company, registered with the ECB under number 0775.912.007, with registered office at 50-70 Rue Ravenstein - 1000 Brussels
Applicable law : Belgian law
Competent jurisdiction : Exclusive jurisdiction of the courts in the district of Brussels
Other national regulations : Article 22 of the Belgian VAT Code ("§1 For the supply of services, the chargeable event occurs and the tax becomes chargeable at the time the service is provided").
|Malt Community BV - A limited liability company (Beslote Vennoostschap), registered with the Chamber of Commerce under number 84416882 with registered offices at Tribes Raamplein, Raamplein 1, 1016 Amsterdam www.malt.nl
Applicable law : Dutch law
Competent jurisdiction : District Court of Rotterdam
Other national regulations : Laws and regulations applicable in the Netherlands for intellectual property.
|Malt Community SA
|Means any individual or legal entity with a SIRET number (French Business ID number) and registered with the Trade and Companies Register, Register of Tradespeople, Special Register kept by the clerk's office of the Commercial Court under whose supervision its business formalities center operates, or the National Register of Associations, or any self-employed individual working pursuant to legal conditions from France or abroad and offering services to Customers via the Marketplace. The term Freelancer is also used for any self-employed individual under the following structures provided by law: cooperatives of independent consultants (SCOP (cooperative enterprise), SCIC (collective interest cooperative)), business incubators and umbrella companies.
|Malt Community SL
|Refers to any individual or, where applicable, legal entity with a CIF number and registered in the corresponding Mercantile Register, operating as a self-employed person under legal conditions from Spain or abroad and offering its services to Customers through the Marketplace.
|Malt Community GmbH
|Any natural or legal entity who has registered a commercial business or is a member of a liberal profession within the meaning of Section 18 of the German Income Tax Act (EStG), who has a tax number or VAT identification number issued by the tax office and is self-employed as a sole trader or as a trading company under legal conditions from within Germany or abroad and offers its services to Customers s via the website.
|Malt Community BV
|Any individual or legal entity who either has a Chamber of Commerce number and is registered with the Chamber of Commerce, or any natural person who, in accordance with the statutory regulations, practices as a self-employed person in the Netherlands or abroad and provides services via the Marketplace offers to Customers.
|Malt Community SRL
|Any individual or legal entity, registered with the Crossroads Bank for Enterprises, operating as a self-employed person under legal conditions from Belgium or abroad, and who offers its services to Customers through the Marketplace.
|Malt Community SL
|Customer Experience contact
|Malt Community SA
|Malt Community SL
|Malt Community GmbH
|Malt Community SRL
|Malt Community BV
|Malt Community BV
If the business activity that entitles the Freelancer to practice is registered in The Netherlands in accordance with the applicable local provisions, the Freelancer shall be exempt from the commission normally paid to the Company, as described in Article 5.1 hereof, for all assignments contracted on or after 14 September 2022. For Assignments contracted before this date, and which continue after this date, the Freelancer shall pay the commission as laid out in Article 5.1 above. A Freelancer who does not meet the definition of a Freelancer as defined by Malt Community BV cannot benefit from this exemption, even if the Customer with whom they have contracted an Assignment is registered in the Netherlands.In case of abnormal commission paid by the Freelancer, the Freelancer is invited to contact the Customer Experience team.
|Malt Community GmbH
|If the business activity that entitles the Freelancer to practice is registered in Germany in accordance with the applicable local provisions, the Freelancer shall be exempt from the commission normally paid to the Company, as described in Article 5.1 hereof, for all assignments contracted on or after 1st of February 2023. For Assignments contracted before this date, and which continue after this date, the Freelancer shall pay the commission as laid out in Article 5.1 above. A Freelancer who does not meet the definition of a Freelancer as defined by Malt Community GmbH cannot benefit from this exemption, even if the Customer with whom they have contracted an Assignment is registered in the Germany. In case of abnormal commission paid by the Freelancer, the Freelancer is invited to contact the Customer Experience team.
This translation is being provided for informational purposes only. Should there be any discrepancies or inconsistencies between this translation and the original version in French, the French version will prevail as the source of truth.