GENERAL TERMS OF SERVICE
Head Office: 1 Place Jourdan – 87000 Limoges - France
Phone: (+33) 7 69 26 24 87
Email: [email protected]
Website: https://withmyexpatcompass.com/
SAS With My Expat Compass with capital of 1000 € registered at the Limoges trade register (RCS) under number 983 931 452 - Intracommunity VAT number FR75983931452
WITH MY EXPAT COMPASS is specialized in the provision of consulting, strategy, and operational management services in the field of international human resources.
The purpose of the present General Terms of Services (hereinafter referred to as the “ToS”) is to govern the relationships between the WITH MY EXPAT COMPASS company, a limited liability company with capital of €1,000.00, with headquarters located at Héméra Limoges, 1 place Jourdan – 87000 LIMOGES - FRANCE, registered at the Limoges trade register (RCS) under number 983 931 452 (hereinafter referred to as “WITH MY EXPAT COMPASS”) and any physical or legal person (hereinafter referred to as the “Client”) that makes use of WITH MY EXPAT COMPASS services.
Article 0 - Definitions
Client: designates any person that orders Services from the WITH MY EXPAT COMPASS company under the conditions set out in the present ToS.
Order: designates each Service request addressed to the WITH MY EXPAT COMPASS company under the conditions set out in the present ToS.
Quote: designates the specific contractual terms agreed upon between the Client and WITH MY EXPAT COMPASS, which are intrinsic to and indivisible from the present ToS. In particular, these terms specifically delineate the content of services provided by WITH MY EXPAT COMPASS, their duration, and the contract’s financial conditions.
Contract: designates the combination of the Quote and the present ToS.
Deliverable: designates the documentation sent by WITH MY EXPAT COMPASS to the Client in the context of dispensing Services.
Party or Parties: interchangeably designates WITH MY EXPAT COMPASS and/or the Client.
Service: interchangeably designates all services in terms of human resources consulting provided to the Client by WITH MY EXPAT COMPASS.
Website: designates all documents or pages linked to one another by hyperlinks, and registered under the URL address published by the WITH MY EXPAT COMPASS company (https://withmyexpatcompass.com/).
Article 1 - General
The purpose of the present ToS is to determine the terms and conditions according to which a Client requests the provision of a Service by With My Expat Compass through its Website, in exchange for a financial contribution agreed by the Parties.
For any specific Service request that does not appear in the Website-listed deliverables, the present ToS shall be supplemented by a Quote, the purpose of which is to define the Contract’s Service nature, duration, and financial conditions for each Client. In the event of any contradiction between the present Terms of Service and the Quote, the Quote’s provisions shall prevail.
The Client acknowledges and agrees that WITH MY EXPAT COMPASS reserves the ability to adapt or modify the present ToS at any time. In the event of a modification, the ToS in force on the day of the Order shall be those applied to the Order.
Article 2 - Services
2.1 Availability
WITH MY EXPAT COMPASS offers its Clients a set of international human resources consulting Services.
Service offerings remain valid as long as they are listed on the Website.
2.2 Expat Hour Call
WITH MY EXPAT COMPASS offers its Clients paid one-hour-long telephone conversations to answer any questions about international mobility.
When subscribing to this service, the Client shall fill out a questionnaire beforehand about their personal situation, which will be submitted for study by WITH MY EXPAT COMPASS. In the event that WITH MY EXPAT COMPASS is able to answer their request, WITH MY EXPAT COMPASS shall get back in touch with the Client in order to reserve a time slot according to WITH MY EXPAT COMPASS’s availabilities.
In this regard, the Client is advised that WITH MY EXPAT COMPASS attaches particular value to maintaining high ethical standards of professional conduct and to preventing conflicts of interest. Under these conditions, the Client acknowledges and agrees that WITH MY EXPAT COMPASS shall request that the Client provide specific information about their professional situation and employer, and shall refuse to intercede should a conflict of interest be identified.
According to their needs and to the situation’s urgency, the Client may select one of two options:
➖ Standard option for reserving an appointment under a conventional time frame, according to WITH MY EXPAT COMPASS’s availabilities;
➖ FAST TRACK option guaranteeing a WITH MY EXPAT COMPASS appointment within a week’s time.
In any event, in particular conditions of significant time differences that may make it difficult for the Client to find a time slot compatible with WITH MY EXPAT COMPASS availabilities as listed on the Website, the Client may make a specific request to WITH MY EXPAT COMPASS, which shall evaluate the available options and offer an alternative time slot to the Client, insofar as possible.
Expat Hour Call terms and rates are available on the Website.
In any case, the Order’s definitive validation shall only occur once the corresponding price has been paid by the Client.
The Client is informed, acknowledges, and agrees that the Expat Hour Call is not a substitute for a thorough and specific evaluation of their professional situation. In this case, WITH MY EXPAT COMPASS shall provide a customized Service.
2.3 Customized Services
For any specific Client requests, WITH MY EXPAT COMPASS shall provide the Client a Quote detailing the services, as well as a corresponding rate. The Quote is valid 1 (one) month as of the date it is communicated to the Client. If the Client has not accepted the Quote within the 1 (one) month term, WITH MY EXPAT COMPASS shall be free to modify all or part of the initial Quote, which may lead to publishing a new Quote that shall also be valid for 1 (one) month.
The definitive confirmation of WITH MY EXPAT COMPASS’s service provision shall be confirmed once the Client signs the Quote. The signature definitively commits the client to WITH MY EXPAT COMPASS. Henceforth, the Contract is considered established upon the Quote’s date of signature. It may only be modified by the drafting and signing of a new Quote.
Article 3 - Rate
3.1 General
Service rates are posted on the Website in euros, taxes included.
3.2 Customized Services
For any customized Service not shown online, its rate shall be listed on the Quote sent by WITH MY EXPAT COMPASS, along with corresponding payment methods.
Failing invoice payment to WITH MY EXPAT COMPASS within 30 (thirty) days as of its receipt, WITH MY EXPAT COMPASS shall address a formal notice of payment to the Client. In the event of non-payment of any sum due by the Client within 8 (eight) days following receipt of the formal notice of payment, WITH MY EXPAT COMPASS may interrupt any services being provided.
Outstanding unpaid sums shall incur interest as of the expiration of the aforementioned 8 (eight) day period, at the rate established by applicable regulations. Moreover, WITH MY EXPAT COMPASS reserves the right to require that the Client reimburse any banking fees it will have been made to pay due to the rejection of a direct debit request or for check payment presentment.
Furthermore, WITH MY EXPAT COMPASS reserves the right to refuse any new Order by the Client, and to discontinue the fulfillment of its obligations until such time as all debts have been paid by the Client, without prejudice to WITH MY EXPAT COMPASS’s ability to make claims for damages in compensation for losses incurred.
Article 4 - Ordering Methods
4.1 Order Confirmation
Once they have verified in Order’s contents in their “Cart,” the Client shall validate the Order by confirming their contact information, as well as by unconditionally acknowledging and accepting the present ToS in their entirety, along with the GDPR consent form. It is stated that no Order may be confirmed and accepted by WITH MY EXPAT COMPASS if one of the “mandatory information” fields remains empty in the Purchase Order.
Once their Order’s contents have been confirmed, the Client shall validate it by providing payment. The Client acknowledges and agrees that this definitive Order validation and its associated “double click” signify definitive endorsement of the Order and of the resulting payment obligation to WITH MY EXPAT COMPASS, conditional upon the limits set out in the present ToS.
The Order shall only be definitively validated by WITH MY EXPAT COMPASS once payment of the corresponding price for the Service(s) has been made, or once the bank transfer has been authorized for an online bank card payment.
4.2 Payment Methods
Rates are listed in euros. Website-based payments may only be made using bank cards. The Client is provided a secure payment system when paying the Order through the Website.
For any request relative to a customized Service, the Client is informed that WITH MY EXPAT COMPASS may require the payment of a deposit when validating the Order. The deposit’s amount and payment methods shall be indicated in the Quote as validated by the Client.
Article 5 - Right of Withdrawal
In accordance with the provisions of articles L 221-18 and following of the French Consumer Code, the Client has the right to withdraw and terminate the Contract’s execution within a delay of 14 (fourteen) days after its validation, free of charge and without any justification being required. Given this period, WITH MY EXPAT COMPASS shall only provide its Service following this withdrawal period.
Should the Client wish for the Service to be provided before the end of the withdrawal period, they shall notify WITH MY EXPAT COMPASS of such. This specific request shall be made on paper or on an otherwise durable medium.
In this regard, the Client is informed that, pursuant to article L 221-25 of the French Consumer Code, the right of withdrawal may not be exercised for service provision contracts that have begun to be fulfilled with the Client’s agreement before the end of the withdrawal period.
Under these conditions, should the Client exercise their right of withdrawal despite the service being provided upon their explicit request before the end of the withdrawal period, they shall be held to provide WITH MY EXPAT COMPASS equivalent compensation for the services provided up until the notice of withdrawal.
In accordance with the provisions of article L 221-21 of the French Consumer Code, the Client must inform WITH MY EXPAT COMPASS of their desire to withdraw by sending either a completed withdrawal form or a declaration devoid of any ambiguity stating this intent, by mail to the company’s headquarters within a period of 14 (fourteen) days.
At all events, WITH MY EXPAT COMPASS draws the Client’s attention to the need to ensure that the conditions under which WITH MY EXPAT COMPASS is informed of the Client’s desire to exercise their right of withdrawal must unambiguously declare the beginning of the withdrawal period, and that the burden of proof of such falls to the Client.
Article 6 - Modification, Cancellation, Deferral
Given the high standard of Services provided by WITH MY EXPAT COMPASS, the Client acknowledges that delivery of these Services by WITH MY EXPAT COMPASS requires a particular amount of planning.
More specifically, for any Expat Hour Call request, WITH MY EXPAT COMPASS implements an analysis of the Client’s situation ahead of time on the basis of the form provided, in order to meet the Client’s needs. As a result, any sudden cancellation by the Client is detrimental to WITH MY EXPAT COMPASS.
Given these facts, any Service deferral, modification, or cancellation by the Client must take place at least 48 hours before the beginning of Service provision, excepting in cases of force majeure.
Failing such, 50% of the Service’s fee shall be chargeable to the Client.
Article 7 - Service Provision
7.1 Service Provision Modalities
WITH MY EXPAT COMPASS shall be free to choose how to organize itself and to establish the means to implement its Services, according to the modalities defined by the Parties ahead of time and stated in the Quote for customized Services, as the case may be.
WITH MY EXPAT COMPASS agrees to diligently implement its Services within the period specified (if applicable), with respect to currently applicable regulations and legislation, and according to the best practices in the industry with regard to an obligation of means.
7.2 Deliverable
In the event that the Service requires the presentation of a Deliverable, the Client acknowledges and agrees that said Deliverable shall be provided in the format detailed on the Website or in the Quote.
Should the Client request any other format, WITH MY EXPAT COMPASS reserves the right to bill the Client additional fees.
7.3 Client Cooperation
The Client agrees to cooperate WITH MY EXPAT COMPASS to guarantee Service delivery. In this respect, the Client shall commit to providing all documents and information required by WITH MY EXPAT COMPASS to provide its Services.
Similarly, the Client shall inform WITH MY EXPAT COMPASS as soon as possible of any decisions that may impact Service provision. In particular, the Client shall commit to immediately informing WITH MY EXPAT COMPASS in written form about any event that may impact Service provision, in particular as concerns the Service provision schedule. In such a situation, the Parties shall agree to renegotiate the Service provision modalities.
WITH MY EXPAT COMPASS shall under no circumstance be held liable for any reason whatsoever in the event that the Client does not provide the elements required for executing services before the given deadline. The Client is informed, acknowledges, and agrees that WITH MY EXPAT COMPASS cannot guarantee time commitments by third parties that may participate in implementing service provision.
7.4 Service Customization
WITH MY EXPAT COMPASS puts a strong emphasis on providing services that truly correspond to the Client’s tangible needs.
As such, the Client is informed, acknowledges, and agrees that WITH MY EXPAT COMPASS’s operational framework, as initially agreed upon between the Parties, is subject to change. Under these conditions, WITH MY EXPAT COMPASS shall inform the Client of such changes, and the Parties shall collectively determine the conditions of WITH MY EXPAT COMPASS service provisions, conditional upon a contract amendment being signed by the Parties.
7.5 Language
The provision of Services by FORWARD INTERNATIONAL HR shall take place in French or in English.
Article 8 - Liability
Pursuant to article L 221-15 of the French Consumer Code, WITH MY EXPAT COMPASS shall not be held liable for the non-execution of the signed Contract due to force majeure as per its definition in article 1218 of the French Civil Code.
Moreover, it is reminded that the proper execution of Services by WITH MY EXPAT COMPASS requires the Client’s cooperation. In this context, and in accordance with article L 221-15 of the French Consumer Code, WITH MY EXPAT COMPASS shall in no way be held liable for damages resulting from a failure to provide the information and documents requested by WITH MY EXPAT COMPASS.
Article 9 - Insurance
WITH MY EXPAT COMPASS declares that it is insured by a reputably solvent company, particularly with regard to its professional civil liability, and that it keeps its insurance policies updated to cover any material and/or immaterial damages caused to the other Party, or to any third parties, resulting from the Contract’s execution or non-execution, within the limits of its policies’ clauses and conditions.
Insurer Contact Information :
+SIMPLE
2 rue Grignan – 13001 Marseille – France
Telephone : (+33) 9 79 98 07 30
Contact e-mail address : https://www.plussimple.fr/contact/
Civil liability insurance policy references : MAN no. - 00099
Article 10 - Force Majeure
Any event that presents characteristics of force majeure as per article 1218 of the French Civil Code may justify the non-execution of obligations by WITH MY EXPAT COMPASS in the following non-exhaustive cases: fires, floods, wars, riots, terrorist attacks, embargoes, transportation or supply blockages for any reason whatsoever, epidemics, pandemics, epizootics, administrative closures, governmental or legal restrictions, strikes, and any other reason independent of WITH MY EXPAT COMPASS’s control that is generally recognized as a case of force majeure.
WITH MY EXPAT COMPASS shall inform the Client as soon as it has any knowledge about events that may interrupt the provision of its Services. As a result, WITH MY EXPAT COMPASS shall make its best efforts to avoid that any event of force majeure, or the risk that any such event may arise, jeopardize the proper execution of Services.
Article 11 - Telephone Marketing
In accordance with article L 223-2 of the French Consumer Code, the Client is informed that they may freely sign up to the BLOCTEL telephone marketing blockage list (www.bloctel.gouv.fr) in order to not receive telephone marketing calls by professionals with whom they have no ongoing contractual relations, in accordance with consumer law no. 2014-344, dated March 17, 2014.
Any consumer has the right to freely sign up to this list on the following website : https://conso.bloctel.fr/index.php/inscription.php.
Article 12 - ToS Amendments
WITH MY EXPAT COMPASS reserves the right to modify the present ToS. In the event of a modification, the ToS in force on the day of the Order shall be those applied to the Order.
Article 13 - Confidentiality
WITH MY EXPAT COMPASS agrees to maintain the confidentiality of any information relative to the Client that it may have knowledge of as a result of providing its services – notably as concerns the Client’s organization, activities, and performance – and to not share this information with any third parties, except upon request by a governmental institution and for its defense in the event of litigation relative to the present contract.
Article 14 - Personal Data Protection
WITH MY EXPAT COMPASS is particularly mindful of protecting personal data and is committed to processing them in compliance with the provisions of the EU Parliament and Council’s General Data Protection Regulation (GDPR) 2016/679, dated April 27, 2016, and of French law no. 78-17 relative to computing, files, and liberties dated January 6, 1978 (Loi informatique et libertés), which defines the conditions under which personal data is processed.
WITH MY EXPAT COMPASS shall only use the data it has gathered for the purposes of implementing Services for the Client’s benefit.
These personal data shall be strictly reserved for internal WITH MY EXPAT COMPASS use. Consequently, WITH MY EXPAT COMPASS shall, without requiring the Client’s express and prior consent, commit to preventing the disclosure, sale, leasing, or exchange of data provided by the Client with third parties or any external entity whatsoever, regardless of use.
Personal data collected by WITH MY EXPAT COMPASS with the Client’s consent shall not be retained beyond the period required for implementing the aforementioned processing purposes. This retention period shall in no case exceed 5 years.
WITH MY EXPAT COMPASS collects personal Client data when registering Orders on the https://withmyexpatcompass.com/
Website. By endorsing the present ToS, the Client consents to WITH MY EXPAT COMPASS collecting and using these data to implement its Services.
In accordance with the amended French law no. 78-17 relative to computing, files, and liberties dated January 6, 1978, as well as the EU’s GDPR 2016/679, WITH MY EXPAT COMPASS informs the Client that people whose personal data was collected have the right to access, rectify, erase, restrict, port, object to, and determine the fate of their personal data “post mortem,” and to make any claims regarding the processing of their personal data. These rights may be exercised by directly contacting the WITH MY EXPAT COMPASS “Data Protection Delegate” at:
➖ the following e-mail address: [email protected]
➖ or by regular mail at the following address: WITH MY EXPAT COMPASS – Héméra Limoges, 1
place Jourdan – 87000 LIMOGES - FRANCE, to the attention of the Data Protection Delegate.
We do not manage cookies on this site.
If you don't want us to keep your data (first name and e-mail address), you can send us an e-mail to [email protected] , or click on the unsubscribe link (in the signature of each e-mail sent).
The contact will then be removed from the mailing list.
WITH MY EXPAT COMPASS shall take all necessary precautions in implementing appropriate technical and organizational measures to ensure that personal data are processed in compliance with applicable regulations, and that the rights of those concerned are protected.
In the event that WITH MY EXPAT COMPASS should use the services of a subcontractor for the purposes of processing personal data collected on its behalf according to its own documented instructions, WITH MY EXPAT COMPASS shall establish a specific contract in due form with said subcontractor. This contract shall be based, in whole or in part, on clauses supervising the relationship between a processing provider and their subcontractor pursuant to GDPR principles.
Article 15 - Applicable Legislation and Disputes
The present English language ToS shall be implemented and interpreted according to French law, both in terms of substantive principles and procedural rules.
In the event of any dispute, the Parties agree to make concerted efforts to arrive at an amicable settlement. In this respect, the Client agrees to contact WITH MY EXPAT COMPASS as a priority in order to reach an amicable settlement.
Failing such an amicable solution, and with respect to article L 612-1 of the French Consumer Code, WITH MY EXPAT COMPASS guarantees the Client recourse to a consumer mediation mechanism. The client shall be able to refer the dispute to the CM2C mediator (–[email protected] – Tel.: ((+33) 1.89.47.00.14))