GENERAL CONDITION OF SALE
Preamble
The purpose of the HR Expert company is to provide advice in the field of human resources, recruitment, occupational health and safety, staff training (including continuing professional training) and all activities directly or indirectly related to this object. This opinion does not exempt you from consulting a specialist to adapt the rules on a case-by-case basis. It follows from the foregoing that the author cannot be held liable for the use of this opinion without resorting to an analysis of the situation. The articles of law, if they are given, are purely indicative and can in no way constitute a guarantee of the orientation of the law in force. Therefore, it is, in all circumstances, imperative to seek professional advice, before any writing and action.
Object of the contract
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RH Expert is charged by the client with a mission in support of human resources. All the media mentioned in the specific clauses are an integral part of the contract and are available to the customer according to his needs and according to the number of hours defined.
Client's obligations
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The client undertakes to: Only seek advice on Human Resources. Respect the delivery dates for documents related to the establishment:
- Training plan
- all official documents
Any appointment made and validated by the customer must be canceled at least 48 hours before.
The client undertakes to provide the HR Expert with a place to work, otherwise the HR expert may request to work within the premises of HR Expert. The customer is prohibited from engaging, or making work in any way, any present or future employee of the service provider. This clause will apply, whatever the function of the employee in question, and even in the event that the solicitation is initiated by said employee. This clause will take effect throughout the execution of this contract, and for 12 months from its termination.
HR Expert's obligations
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RH Expert undertakes to respect the deadlines for submitting deliverables insofar as the client has provided all the necessary documents and regularly informs the client of legal news. All the services offered in this contract are indicative and not exhaustive.
Responsibility of HR Expert
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RH Expert assumes, in all cases, an obligation of means and not an obligation of result. The civil liability of RH Expert can only be engaged, vis-à-vis the Client, because of the faulty performance of its mission and on condition that a direct cause and effect link is established between the alleged fault. and the harm suffered. When it turns out that in the consecutive performance of several assignments of the same nature, the damage incurred and established by the client is due to the same fault on the part of RH Expert, the civil liability of RH Expert is not incurred vis-à-vis vis-à-vis the client for all the damage only up to the same maximum amount (calculated in relation to the average of the fees relating to each of the missions concerned), even when the cumulative amount of damage suffered by the client due to all the assignments of the same nature carried out consecutively result in a higher amount. RH Expert cannot be held responsible in the event of false information given by the client. In the event of blocking, slowness of processing, of files submitted to a third party, RH Expert cannot be held responsible.
Reciprocal confidentiality obligations
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In any case, the parties will not disclose the information exchanged between them to third parties. The parties thus undertake to treat all information exchanged with extreme discretion and attention and undertake to comply with the provisions relating to the law on data protection. Likewise, all the information exchanged (in particular during the preparation of the assessment / report on the co-financing of the training) may not be disclosed to third parties.
Data protection
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(Harvest)
In accordance with EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data: RH EXPERT can be required to collect, as part of its consultancy activities, the customer's personal data from the start to the end of the contractual relationship with the company RH EXPERT.
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(Use)
The personal data collected is used by the company RH EXPERT exclusively for professional purposes, for the smooth running of the consultancy activities, and in proportion to the objective pursued. This data is kept on the cloud dedicated for this purpose, and only there. This cloud complies with EU Regulation 2016/679 of the European Parliament.
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(Access and storage)
The departments mentioned below, within the HR Expert company, will be able to access the data collected: the Consultancy division, the Training division, the Occupational Health and Safety division, the Recruitment division, the HR Academy division, the Commercial department, the Marketing department, the Accounting department.
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(Deletion)
Each customer has a right to request access to their personal data so that the information can be modified or deleted. Personal data relating to the client will be kept until the date of cessation of activity within the company RH EXPERT.
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Email correspondence
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During the mission, RH Expert and the client can communicate by electronic means. However, it is not possible to guarantee that the electronic transmission of information can be carried out securely or without viruses or errors and, as a result, such information could be intercepted, altered, lost, destroyed, arriving late or incompletely or be affected or become unfit for use that transmissions will not be affected by such risks .RH Expert and the customer confirm that they accept these risks, authorize the use of electronic communications, and agree to to use available and appropriate procedures to detect the presence of the most commonly known viruses prior to sending information electronically. Each of them will be responsible for putting in place adequate security measures to ensure the protection of their own systems and interests with regard to electronic communications and neither of them will bear any liability towards the other. , on no basis whatsoever in contract or tort (including negligence) or on any other basis, with respect to any damage, error, loss or omission arising out of or in connection with the electronic communication between RH Expert and the client . This disclaimer does not apply in the event of willful misconduct or gross negligence.
Document retention and return
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RH Expert keeps all the documents it has received from the Client or drawn up itself in the context of the performance of a data assignment. The retention period is determined if necessary on the basis of the legislation in force. At the end of the mission HR Expert must return to the client, at the latter's request, all documents received from the Client during the performance of this mission, except those for which the client already has an original or a copy. RH Expert may make and keep copies of any document thus returned to the Client. RH Expert's working documents, which are its exclusive property, are not affected by this return obligation.
End of contract
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When the end of the contract occurs on the part of the client without just cause apart from the clauses indicated in the effective date box, RH Expert retains the right to the entire agreed remuneration.
Applicable law
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The Luxembourg court has sole jurisdiction for the application or interpretation of this agreement. The contract for special clauses is an integral part of the contract for general clauses and is made in as many copies as there are parties, each declaring to have received an original, which it has initialed and signed.