These general terms (the “Terms”) are entered into between Erlaë L'hostis, entrepreneur individuel (EI), operating under the French micro-entreprise regime, publisher of the Zavio service, reachable at hello@zavioseason.com, hereinafter “Zavio”,
and any legal or natural person acting for professional purposes who creates an account on the Platform for the purpose of recruiting seasonal staff, hereinafter the “Establishment”.
The Establishment declares that it is acting in the course of its business. These Terms constitute a commercial services contract between professionals.
Article 1
Definitions
1.1. “Platform” means the Zavio online service, accessible from zavioseason.com and its applications.
1.2. “Candidate” means the adult natural person registered on the Platform for the purpose of entering into a seasonal employment contract.
1.3. “Employment Contract” means the seasonal employment contract entered into directly between the Establishment and the Candidate, to which Zavio is not a party.
1.4. “Placement” means all services provided by Zavio in connection with the recruitment of a Candidate determined by the Establishment.
1.5. “Fee” means the consideration owed by the Establishment to Zavio for a Placement, under the conditions of Article 10.
Article 2
Purpose and acceptance
2.1. The purpose of these Terms is to define the conditions under which Zavio provides the Establishment with an introduction and placement service for seasonal staff, together with the respective rights and obligations of the parties.
2.2. Creating an account constitutes full and unreserved acceptance of these Terms. Zavio keeps a record of that acceptance, stating the date, the time and the version number of the Terms accepted.
2.3. These Terms prevail over any purchasing conditions or contrary document issued by the Establishment, save express written acceptance by Zavio.
Article 3
Nature of the services
3.1. Zavio provides the Establishment with the following services:
access to the Platform for the purpose of publishing listings and receiving applications;
the presentation of Candidate profiles matching, so far as possible, the requirements expressed by the Establishment;
a space in which the Establishment uploads its own Employment Contract, signed by it, and in which the Candidate reads and signs it;
the provision of an electronic signature process and the retention of signed documents in the Establishment's space;
the organisation and booking of the retained Candidate's travel, under the conditions of Article 9;
the search for a replacement Candidate under the conditions of Article 11.
3.2. Zavio is bound by an obligation of means. Zavio does not guarantee that applications will be received, that a Candidate will match the Establishment's requirements, or that a replacement Candidate will be available.
Article 4
Zavio is not the employer
4.1. Zavio is not the employer of Candidates. The Employment Contract is entered into between the Establishment and the Candidate. Zavio is not a party to it and does not become one at any stage.
4.2. No relationship of subordination exists between Zavio and the Candidate. Zavio issues no professional instruction to the Candidate, does not supervise the performance of their work, determines neither their hours, nor their duties, nor their working methods, and holds no disciplinary power over them.
4.3. Zavio pays the Candidate no remuneration for their work and bears no social security contribution relating to their employment.
4.4. These Terms constitute neither an employment contract, nor a staff supply contract, nor a temporary employment contract.
Article 5
Account and verification of the Establishment
5.1. The Establishment undertakes to provide accurate, complete and up-to-date information about itself, and to update it without delay in the event of change.
5.2. Zavio verifies the existence and identity of the Establishment before any listing is published, and may request supporting documents to that end. Zavio may refuse or withdraw a verification in the event of inaccuracy.
5.3. The Establishment is responsible for the use of its account and for the acts of the persons to whom it grants access.
Article 6
Verifications incumbent on the Establishment
6.1. The information appearing on a Candidate's profile is declared by that Candidate. It is for the Establishment to reproduce their identity and date of birth in the Employment Contract it uploads. The Candidate signs that contract in their own name and answers for it.
6.2. It is for the Establishment, before hiring, to verify the Candidate's identity document and their right to work in the country of performance, in accordance with the obligations that the law of that country places on the employer. That obligation cannot be delegated.
Article 7
The Establishment's undertakings towards the Candidate
7.1. Publishing a listing constitutes an undertaking by the Establishment to provide the Candidate it recruits with:
accommodation for the entire duration of the Employment Contract;
meals on working days;
the salary advertised, paid directly and on time, which may under no circumstances be lower than the statutory or collectively agreed minimum applicable at the place of work;
at least two days off per week.
7.2. The Establishment further undertakes to:
provide the exact conditions advertised in its listing;
demand no payment from the Candidate, whether direct or indirect, in respect of the placement, the travel, the accommodation, the meals or access to the employment offered. That prohibition arises from article L5321-3 of the French Labour Code, breach of which is a criminal offence;
make no deduction from the salary in respect of travel, placement or agency costs;
comply with all provisions applicable at the place of performance of the work, in particular as regards working time, health and safety, social security declarations and payroll.
7.3. Breach of any of the obligations under this Article constitutes a serious breach within the meaning of Article 13.
Article 8
Employment Contract and electronic signature
8.1. The Employment Contract is drawn up by the Establishment, under its sole responsibility. Once the Fee is paid, the Establishment uploads it to the Platform as a PDF, signed by it, and confirms that it includes the terms of the published listing, in particular the pay, the working hours, two days off a week, the accommodation and the meals. This upload stands as the Establishment's signature. The Candidate then has seventy-two hours to read and sign it.
8.2. The Candidate's signature records the name typed, the date and time, their IP address and a cryptographic fingerprint of the uploaded document. A page setting out these details is attached to the copy delivered to each party; the uploaded document itself is not altered.
8.3. The parties expressly agree that these elements constitute an agreement as to evidence between them and are conclusive as to the identity of the signatory and the content of the document signed.
8.4. The Employment Contract is governed by the law of the country where the work is performed.
8.5. Zavio does not draw up the Employment Contract and does not check its compliance with the applicable law, which is the Establishment's responsibility.
Article 9
Candidate's travel
9.1. The Establishment gives Zavio a mandate to organise and book the travel of the retained Candidate.
9.2. The travel is funded exclusively by the Establishment. Its organisation by Zavio entails no final economic burden on Zavio, and no transfer of the capacity of employer.
9.3. The travel comprises a return journey between the Candidate's country of departure and the place of work, in economy class, by air, rail or road, or by a combination of those modes according to the most appropriate itinerary, one item of hold luggage, and the transfer between the point of arrival and the place of work.
9.4. The Candidate pays no sum, whether to the Establishment or to Zavio, at any stage.
Article 10
Fee and payment terms
10.1. The Fee is set at €950 per Placement, whatever the Candidate's country of origin.
10.2. A supplement is payable in the event of late confirmation, the cost of travel tickets rising as the departure date approaches. It is determined on the day of confirmation, by reference to the start date of the position:
| Date of confirmation | Supplement |
|---|---|
| More than eight weeks before the start date | None |
| Between eight and four weeks before | €300 |
| Less than four weeks before | €600 |
Date of confirmation
More than eight weeks before the start date
Supplement
None
Date of confirmation
Between eight and four weeks before
Supplement
€300
Date of confirmation
Less than four weeks before
Supplement
€600
10.3. The Fee falls due in full on the day the Establishment confirms a Candidate, and is payable by bank card.
10.4. Publishing listings, receiving applications and exchanging messages on the Platform give rise to no charge.
10.5. The Fee is owed by the Establishment alone. No sum may be demanded from the Candidate or charged to them on any basis whatsoever.
10.6. VAT not applicable, article 293 B of the French General Tax Code.
Article 11
Cancellation, withdrawal and replacement
11.1. Signature of the Employment Contract by both parties is the operative event for the purposes of this Article.
11.2. Before signature by both parties. No commitment is formed. Should the Candidate withdraw or the Establishment renounce, the Fee is refunded in full.
11.3. After signature by both parties. The travel having been booked and the Candidate having made themselves unavailable for any other season, the Fee is no longer refundable in cash. The following provisions then apply:
Where the Candidate withdraws, Zavio seeks a replacement Candidate, to whom the Fee is carried over at no supplement. Failing a replacement before the start date of the position, the Fee remains available to the Establishment as a credit, usable for a subsequent Placement for eighteen months from the date of the original confirmation;
Where the Establishment renounces, the Fee remains acquired by Zavio;
Where Zavio cancels, by reason of force majeure or for a cause attributable to it, the Fee is refunded in full.
11.4. Withdrawal by the Candidate after signature by both parties entails, for that Candidate, the consequences set out in the terms of use applicable to them: a first withdrawal gives rise to a warning, a second to suspension of their account until the end of the current season. No sanction is imposed where the withdrawal arises from a serious and substantiated impediment.
Article 12
Reviews
12.1. At the end of the season, the Establishment and the employee review each other by means of a rating from 1 to 5.
12.2. Both reviews are published simultaneously, and in no event before both have been submitted or the applicable period has expired, so that neither can answer the other.
12.3. Where an employee gives a rating of 3 or below, they may indicate which of the undertakings listed in Article 7.1 was not honoured. Zavio uses those reports to enforce those undertakings.
Article 13
Suspension and termination
13.1. The Establishment may close its account at any time. Placements confirmed beforehand run to their term.
13.2. Zavio may suspend or close the Establishment's account, withdraw its listings and refuse any further introduction in the event of breach of these Terms.
13.3. Any measure taken under Article 13.2 is reasoned and notified with thirty days' notice. That notice does not apply in the event of a serious breach, in particular where an undertaking under Article 7.1 is not honoured, where information provided proves false, or where the safety of an employee is at stake; the measure then takes effect immediately.
13.4. Any measure taken under this Article relates exclusively to the commercial relationship between Zavio and the Establishment. It constitutes neither the exercise of a disciplinary power over the employee, nor a professional instruction, nor a decision relating to the performance or termination of the Employment Contract, which are matters for the Establishment alone.
Article 14
Liability
14.1. Zavio answers for breaches attributable to it in the performance of its own services.
14.2. Zavio's liability in respect of a Placement may not exceed the amount of the Fee received for that Placement. That limitation does not apply in the event of gross negligence or wilful misconduct, nor in the event of personal injury.
14.3. Zavio incurs no liability in respect of the obligations incumbent on the Establishment in its capacity as employer, in particular as regards payroll, social security declarations, health and safety, working time, accommodation, meals and performance of the Employment Contract.
Article 15
Personal data
15.1. Zavio is the controller of the processing it carries out, as described in its privacy policy.
15.2. The Establishment becomes the controller of the Candidate data disclosed to it. It undertakes to use that data solely for the purposes of the recruitment concerned, to disclose it to no third party, and to retain it only for as long as is strictly necessary.
Article 16
Confidentiality
The parties undertake to preserve the confidentiality of non-public information exchanged under these Terms.
Article 17
Force majeure
Neither party is liable for a failure resulting from an event beyond its reasonable control. Should the impediment continue, either party may bring the Placement concerned to an end, sums corresponding to services not performed being refunded.
Article 18
Duration and amendment
18.1. These Terms apply for as long as the Establishment's account exists.
18.2. Zavio may amend these Terms. Confirmed Placements remain governed by the version accepted on the day of their confirmation.
18.3. Any amendment is notified thirty days before it takes effect. An Establishment that does not accept the new version may close its account.
Article 19
Governing law and jurisdiction
19.1. These Terms are governed by French law.
19.2. Failing amicable resolution, any dispute as to their validity, interpretation or performance falls within the exclusive jurisdiction of the courts of Zavio's registered place of business.
Article 20
Language
These Terms are drafted in French and translated into English. In the event of any discrepancy between the two versions, the French version prevails.
This is a translation. The French version is the binding one, and is available on request at hello@zavioseason.com.