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EN / FR
Updated on March 6th, 2023
PENTALOG HR, a company in the Pentalog Group, offers a full range of solutions and Services in the field of recruitment, freelancing, technical assessment, enabling companies to assess, attract and mobilize those with interest in IT.
The present Specific Terms and Conditions apply to the Service offered by PENTALOG HR, also known as “SkillValue Assessment”, which the User wishes to access for.
Subscription to the Services governed herein is equivalent to acceptance of the present Specific Terms and Conditions (the "Contract") and of the Site’s General Terms and Conditions.
The following terms have the definitions given to them, as follows:
– Administration Account: refers to the main Account created on signing the present Contract on the PENTALOG HR Site by the User or one of its representatives who are authorized to sign the present Contract and to pass all Orders using the PENTALOG HR Platform. The person using the Administration Account has the option of creating other User Accounts on the PENTALOG HR Platform and of creating other groups of Authorized Users.
– Anomaly: refers to a malfunction of the SkillValue Assessment on PENTALOG HR Platform and/or of the other Services, which is reproducible and not attributable to poor use or modification of the logins or of the configuration of the Platform or of the Service by the User or any other persons, whether or not authorized. Anomalies can be defined as:
Blocking: refers to an Anomaly which completely blocks operation of the Service, without any possible workaround solution;
Major: refers to an Anomaly which completely prevents use of a major function of the Service, without any possible workaround solution;
Minor: refers to other Anomalies.
– Assistance Services: refers to the Services defined in article 10.2 below.
– Authorized User: refers to a user who is a member of the User’s personnel, forming part of the workforce or placed under its control and under its responsibility, and who may use the Platform or the Services in accordance herewith, via the User’s Account.
– Candidate: refers to all natural persons qualified as candidates who are registered in a database of a User Company.
– Contract: refers to the set consisting of the General Terms and Conditions and the present Specific Terms and Conditions of Commerciale Use, and of the User’s Orders.
– Estimate: refers to the document issued by PENTALOG HR if an Order is passed by a User, as stipulated in article 5 “Financial Provisions”.
– General Terms and Conditions: refers to the General Terms and Conditions of use of the PENTALOG HR website (skillvalue.com), in application of which the present Specific Terms and Conditions of Commerciale Use and have been produced.
– Interface: refers to the interface specific to each User made available to them through their Account, enabling them in particular to display and modify their profile, and to incorporate and process the data relating to the Candidates and to the results of the Tests taken by them.
– Opening Times: refers to the times during which PENTALOG HR will be able to intervene to provide Assistance, on the terms defined in article 10.2, namely the time range for France from 9 AM to 6 PM (GMT+1).
– Order: refers to the signature or purchase of an access to the Platform by a User.
– Personal data: refers to the article 4.1 of the General Data Protection Regulation (or “GDPR”), to any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
– Platform: refers to the hardware infrastructure, network and software used and operated by PENTALOG HR, or its subcontractors, to provide the Services, also referred to as “SkillValue Assessment”. This Platform is hosted by PENTALOG HR under its responsibility, on servers located in France.
– Privacy Policy: refers to the Personal Data processing Policy used by PENTALOG HR.
– Services: refers to the skills assessment Services purchased by the User, making use of the Platform, of which PENTALOG HR is the supplier, as referred to in the Order.
– Pentalog Group: refers to the group of companies to which PENTALOG HR belongs, and offering complete and complementary Services.
– Site: refers to the PENTALOG HR website located at the address skillvalue.com, or all other addresses which may subsequently be communicated by PENTALOG HR, ownership and exploitation of which belong to PENTALOG HR, from which the User passes the Order for desired Services, and at which they log on to their Account.
– PENTALOG HR: refers to PENTALOG HR SAS, a simplified joint stock company with share capital of 100 000,00 euros, having its registered office at 1 Rue des Hauts, Château des Hauts 45380 La Chapelle-Saint-Mesmin, France, entered on the Orléans Trade and Companies Register under number 829 682 384.
– Tests: refers to all types of assessments, quizzes or coding exercises offered on the Platform for the purpose of assessing skills.
– User: refers to all Users which are legal entities and which use the Site as professionals.
The purpose of the present Specific Terms and Conditions is to define the framework on which PENTALOG HR supplies the Services to its Users.
The present Specific Terms and Conditions form an integral part of the Contract and enable the User to purchase an access to the PENTALOG HR Platform and to the corresponding Services by purchasing an Order.
In the event of contradictions between the provisions of the various documents constituting the Contract the provisions of the present Specific Terms and Conditions shall prevail.
The characteristics of the Platform and Services are subject to change, in accordance with changes to PENTALOG HR’s offer. PENTALOG HR may occasionally change the codes, IP addresses or telephone numbers, change numbers, or suspend the Services for operational or maintenance reasons, or for urgent reasons. These modifications may, if applicable, give rise to scheduled maintenance of its Platform, of which PENTALOG HR shall inform the User. The said modifications may consist, in particular, of a change of PENTALOG HR’s software applications, products or suppliers, which shall, as of right, be include in the scope of the Contract as soon as PENTALOG HR uses them, in place of the previous characteristics of the Platform and of the Services.
As an exception to the above, if the change made leads to a complete change of the main purpose of PENTALOG HR’s Service, the User shall have the option of cancelling the Services on the terms stipulated in article 13.2.1 below, without penalties for either Party.
PENTALOG HR reserves the right to suspend provision to the User of all or part of the SkillValue Assessment Services due to maintenance and/or improvement work. PENTALOG HR shall strive to the best of its ability to inform the User of these interruptions before they occur within a reasonable period as mentioned when the Order is passed, or subsequently by PENTALOG HR for the Service in question. PENTALOG HR reserves the possibility of suspending without notice all or part of the Platform and/or Services in the event of (i) manifest abuse of the initial purpose of these Services which causes prejudice to PENTALOG HR or third parties; (ii) behaviour which has an adverse effect on satisfactory operation of the SkillValue Assessment; (iii) illegal use of the Services; (iv) deactivation of security systems by the User, or impairment of the updates of the security tools and signature databases.
Suspensions of Services implemented on the terms stated above shall not lead to any penalty or compensation for the User’s benefit.
PENTALOG HR offers skills assessment Services on its Platform, and provides an Interface, within the limits and on the terms defined hereinafter.
4.1 Terms of access to the Services
To use the Services defined herein the User acknowledges that it must be an enterprise, association or any other legal entity acting as a professional entity, for professional purposes.
4.2 Creation and operation of the Accounts
To purchase the Services the User must create an Administration Account. It shall then be able to create several User Accounts attached to its Administration Account. Each User Account in particular enables emails to be sent inviting people to take Tests.
The User shall be given identifiers and login codes which are strictly personal to each administrator-level user and standard user, which it undertakes to keep confidential. The User is responsible for the level of security of the login code created by it.
The User acknowledges that there must be only one Account for each Company, and undertakes not to create several Accounts.
4.3 Methods of use of the Services
4.3.1 “Free Trial” Account
The User can benefit from the Services using a “Free Trial” account. This free account, which is reserved to the User, lets it take five (5) Tests, with the understanding that these five (5) Tests must be taken by its Authorized Users or other members of its personnel.
The User thus acknowledges that the purpose of this “Free Trial” account is not to enable it to send Test invitations to its Candidates/employees, but simply to enable it to test PENTALOG HR's Services for the purposes of purchasing another Account version defined below. It consequently undertakes not to send these Tests to its Candidates/employees and shall hold PENTALOG HR harmless against all consequences of any failure to comply with the present provisions.
It is understood that a single “Free Trial” account may be granted for each User. PENTALOG HR reserves the right to refuse the agreement to a “Free Trial” account if it considers that the application/request is abusive.
The data of persons invited to take the Tests and who have taken the Tests under this “Free Trial” account shall be processed on the terms defined in the PENTALOG HR's General Terms and Conditions and in the Privacy Policy and might be used by PENTALOG HR for marketing and commercial prospecting purposes. The User thus guarantees that persons whose data is concerned have been informed and have given their consent to the data being used for the abovementioned purposes.
4.3.2 “Starter” Solution
PENTALOG HR may grant a User a login for a “Starter” solution enabling it to use the skills assessment Services free of charge, restricted to a certain number of Tests each month.
Candidates/employees who have taken the Tests under this “Starter” account shall be requested by PENTALOG HR to publish and share their certificate relating to the Test taken.
The data of Candidates/employees invited to take the Tests and who have accepted PENTALOG HR’s terms of use of the data during the period of the “Starter” account shall be transferred and used by PENTALOG HR after a period of three (3) months after acceptance of the terms of use or after the Test has been taken. This data may be used for purposes of recruitment offers.
4.3.3 Paying solutions
4.3.3.1 The User can purchase a “Growth” solution in the following manner:
Candidates/employees who have taken the Tests under this “Growth” solution shall receive the certificate for the Test taken. The data of the Candidates/employees invited to take the Tests and who have taken the Tests under this “Growth” solution shall not be used by PENTALOG HR, except for the anonymized data, which shall be used for statistical purposes.
4.3.3.2 The User may also purchase a “Custom” solution consisting in purchasing individual Services, such as, in particular, a higher number of Users attached to its Account, establishment of a login API, or the addition of new functions or Tests created at the User’s request.
In this eventuality the terms and the prices of the said Services shall be stated in the Estimate.
4.4 Interface
PENTALOG HR provides the User with an Interface enabling it to manage its Candidates and employees' data.
The User can thus import into its Interface the Personal Data of its Candidates/employees and the results of the Tests taken by them.
Personal Data stored in the Interface is processed by PENTALOG HR on the terms and within the limits defined for each above Account, on the terms defined by article 12 “Personal Data” below, and by PENTALOG HR’s Privacy Policy.
4.5 Exclusions
The present Specific Terms and Conditions do not include the performance of additional services relating to configuration of the Services, which is automated on the basis of standard choices and options as offered by PENTALOG HR, which can be ordered by the User, or to the provision of the login to the Platform or to the provision of the Service, such as Growth or development Services. These services are not covered hereby, and require a separate agreement.
PENTALOG HR does not update data which may be included in the operation of the Platform, or which may be stored or transit through the Service, and does not check this data. It is the User’s responsibility to modify this information by itself if it has the authorizations required to do so, or to obtain advice from any competent service provider.
No application maintenance relating to any operating systems or software applications which may be made available, installed or used in any manner whatsoever by the User in relation with the Service is provided, and no data or file restoration services are provided. These services might consist the part of an additional paying service. If PENTALOG HR and the User reach an agreement concerning the methods of such restoration, such restoration shall be undertaken using the tools provided by PENTALOG HR .
If paying Solutions are purchased the User shall pass an Order with PENTALOG HR.
After Orders are passed in this manner, PENTALOG HR shall issue an Estimate containing the ordered Service(s) and the payable amount.
The sums due for the Services shall be payable to the Account the details of which are given by PENTALOG HR when the Order is passed, in advance by bank transfer or alternatively by deferred payment.
In the event of deferred payment PENTALOG HR shall produce an Estimate, which must be accepted and signed by the User to activate the start of the Services.
Invoices shall be issued monthly, quarterly or annually, depending on the purchased Service. These are payable within the term defined in the Estimate, net, without discount, by bank transfer.
In the event of late payment, without prejudice to any other avenues of redress, whether or not contractual, available to PENTALOG HR, PENTALOG HR may invoice late-payment interest at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 5 percentage points. In this instance, the rate applicable during the first half of the year concerned is that in force as at 1st January of the year in question. For the second half of the year concerned, it is the rate in force as at 1st July of the year in question. Late payment penalties are payable without any reminder being required pursuant to article L.441-10 of the French Commercial Code. Interest is due simply by arrival of the contractual due date for payment. Penalties are calculated on a pro rata temporis basis. Pursuant to articles L. 441-9 I., L. 441-10 and D. 441-5 of the French Commercial Code, the fixed-rate compensation due to the creditor for recovery will be 40 euros.
However, in the case where the expenses incurred for the debt recovery would be superior to this compensation, the creditor shall be entitled to ask for a supplementary compensation, upon justification.
What’s more, in the event of absence or late payment, PENTALOG HR may suspend or block the User’s access to its Account.
6.1 PENTALOG HR’s Property
It should be noted, pursuant to the General Terms and Conditions, that the Platform, the Site, the Tests and all other components and contents belong to PENTALOG HR. Signature of the present Specific Terms and Conditions does not entail any transfer of right of ownership over the above-mentioned elements.
In addition, the content of the User’s Interface, namely, and in particular, the Personal Data and results of the Candidates’ Tests, belong to PENTALOG HR in the following eventualities:
6.2 User’s Property
The User guarantees that it is the holder of all rights over the data required for performance of the present Contract, and all content included in the Platform or Service.
The content of the User’s Interface, namely, and in particular, the Personal Data and results of the Candidates/employee' Tests, belong to it in the following eventualities:
Within the limits defined above the Personal Data and the results of the Candidates/employee’ Tests belong to the User.
The User gives PENTALOG HR a free, non-exclusive right of use for the requirements of performance, for the term of the Services, over all content belonging to it included in the Platform in connection with the Services.
In any event, the User acknowledges that PENTALOG HR may use its Candidates/employees’ anonymized data (results of Tests and geographical and demographic data) for statistical purposes, even if the User retains ownership of its Candidates/employees’ Personal Data.
The contents of the Platform, of the Interface and of the Tests are Confidential Information. The User thus undertakes not to disclose, directly or indirectly, to any third party whatsoever, all or part of the Confidential Information to which it has had access in connection with the Services, and not to make any use of it other than that required for performance hereof.
In the same manner, PENTALOG HR undertakes to keep confidential the Users’ Personal Data, the Candidates/employees’ Personal Data to which it has had access, and all other data or information communicated by the User to PENTALOG HR or put on the Platform.
The said confidentiality obligation is imposed on PENTALOG HR and on the User for the full term of the contractual relation, and for a term of two (2) years after the end of the said relation, whatever the cause thereof.
The present confidentiality obligation does not cover information which the User or PENTALOG HR held freely prior to signature hereof, sent to the User or to PENTALOG HR by a third party which was entitled to do so, after signature hereof, or which is in the public domain on the date of signature hereof or which comes into it without any breach by the User or PENTALOG HR of their confidentiality obligations defined hereunder.
The User expressly acknowledges that the present confidentiality obligation shall not prevent PENTALOG HR being able to send the confidential information to the companies of the Pentalog Group for the requirements of performance of the Services.
The User authorizes PENTALOG HR to make reference, in its communications, to the conclusion of the present Contract, and to mention the User’s name in any of its references which may be distributed and published. If it is in possession of a “Paying” account as defined above the User may object to such communication.
PENTALOG HR reserves the right to make publications and communications in relation to User testimonies and experiences, after the User(s) in question has/have given its/their prior, written agreement.
9.1 Use of the Services
The User undertakes to use the Services, the Site and the Test Platform in accordance with the General Terms and Conditions and the present Specific Terms, and in a legitimate and legal manner.
The User undertakes to give PENTALOG HR precise information, in particular with regard to its identity, and information provided when creating the Administration Account(s) and the Authorized Users, and to update this information when needed.
The User undertakes to respect the content and ownership of the Site and the Platform, and not to copy, sell, modify, adapt, translate, transfer, sub-licence, decompile, distribute, re-copy, download, reproduce or use by any means other than as part of accessing Services, the said content.
The User is solely liable for use of the Platform and the Services. The User is liable for custody of its own equipment, of all software applications provided by PENTALOG HR in performance of the Contract, and of the login codes given to it; it shall ensure that no other person or entity has access to the Platform or the Service unless authorized. If it becomes aware that another person or entity is logging into it the User shall inform PENTALOG HR thereof without delay, and shall confirm this information by in writing, with confirmation of receipt.
The User shall be answerable for compliance by all Authorized Users with the provisions of the present Specific Terms and of the General Terms and Conditions. This being so, the User shall supervise its infrastructure, its usage by the Authorized Users and their use of the Platform and of the provided Services, so as to prevent and remedy, in particular, any offence against public decency or breach of public order, or any illegal content.
The User also undertakes, on the terms defined in the herein, not to disclose for any reason any information which may be brought to its attention in connection with the Services concerning the security measures and systems or architecture of the Services or Platform, which is strictly confidential due to the security implications which might result from its disclosure.
The User undertakes to pay for the Ordered Services on the terms defined in article 5 “Financial Provisions” above.
9.2 Content
The User is liable for the content which it imports, stores or introduces into the Platform or the Interface. It undertakes not to store any content, information or application on the Platform or Interface without having all authorizations and all licenses required for such storage and usage of it.
The User also undertakes not to use the resources made available by PENTALOG HR for the purposes of chain letters, junk email, excessive mass mailings, or any other form of numerous or unsolicited messages (commercial, promotional or other).
The User is liable for the consequences of all disputes relating to use of the Platform or Services, in particular for all de jure or de facto consequences affecting the contents transiting through or stored in, or by means of, the Platform or the Services, and all de jure or de facto disorders caused to a third party in connection with use of the Platform or Services, and shall hold PENTALOG HR and/or its affiliates harmless, at first request, against any adverse judgments and their accessories, or any sums which PENTALOG HR may be obliged to pay by an enforceable decision or in performance of a compromise agreement.
If PENTALOG HR is informed that all or part of the Services, the Platform or the content transiting through or stored by means of these latter are being used for illegal purposes, or are in infringement of rights of third parties, PENTALOG HR reserves the option of deleting the said contents, or of preventing access to this content, or to all or part of the Services, the Platform or their contents.
9.3 Infrastructure and networks
The User guarantees that any of its infrastructure and resources, software applications, networks or hardware which may be connected to or make use of the Platform or Services are stable and cannot disrupt operation of the Service, the Platform, the hosting center or any of PENTALOG HR’s resources. The User is also liable for the security of its infrastructure. It is thus responsible for ensuring that all elements incorporated by it into its infrastructure, or used in relation with the Services or Platform, are free of all known viruses or malicious applications.
The User declares that it is familiar with the Internet, its characteristics and its limits, and acknowledges in particular that:
To enable PENTALOG HR to perform any Assistance and maintenance operations, as defined in article 10.2 below, the User must lend its assistance, and shall ensure in particular:
9.4 Non-solicitation
Unless otherwise agreed in writing beforehand by PENTALOG HR, the User gives the undertaking not to make, directly or indirectly, offers of undertaking to PENTALOG HR, or to an employee/collaborator or subcontractor of PENTALOG HR, or to hire them with any status whatsoever, either in partnership or under an employment contract, for a period of twelve (12) months after the end of the contractual relationship between the parties.
If a User does not comply with its undertaking it undertakes to compensate PENTALOG HR by paying it a compensation equal to twelve times the highest gross monthly remuneration received by this employee/collaborator/subcontractor, or six months of PENTALOG HR’s Service Fee. The largest sum shall constitute the compensation payment, and the value of this compensation payment may not be less than thirty thousand (30,000) Euros.
The present clause shall be valid whatever the specialist field of the employee/collaborator/subcontractor in question, and even if the solicitation is made on the said employee/collaborator/subcontractor ’s initiative.
9.5 Sanction
If the User does not comply with its obligations under the present Specific Terms and Conditions and the General Terms and Conditions, and in particular under the present article 9, PENTALOG HR may suspend or block the User’s access to its Account, and give it notice to comply with its obligations. If the User does not rectify its situation within five (5) days it undertakes to pay PENTALOG HR a compensation payment of thirty thousand (30,000) Euros, without prejudice to PENTALOG HR’s option of terminating these presents.
In the event of difficulties arising from the User’s failure to meet its obligations under the present section, or in the event of a change to the definition of the initial data, the performance terms and the costs which can be stipulated initially in the Order may be revised accordingly.
10.1 Performance of the Services
PENTALOG HR undertakes to make the Site and the Services available to the User on the terms and within the limits defined herein.
PENTALOG HR guarantees that the Site shall be hosted in France.
10.2 Assistance Services
10.2.1 General principles
PENTALOG HR shall implement the Assistance Services required on the terms defined below.
The Assistance Services are not a replacement for training, which it is the User’s responsibility to give to its Authorized Users. It is the User’s responsibility to train the Authorized Users in the tools and technologies made available through provision of the Service.
In respect, in particular, of the authorized personnel appointed by the User for use of Administration Assistance or of Corrective Assistance as indicated hereinafter, the said persons must have a satisfactory level of technical IT and networks knowledge, satisfactory knowledge of the User’s information system and Infrastructure, and must also be appropriately trained in use of the Platform and Services.
The number of persons who may be appointed and, in the event of replacement, the methods for appointing the replacements, shall be defined in writing between PENTALOG HR and the User.
10.2.2 Administration Assistance
The User shall appoint the person or persons, whose identity shall be stated when the Order is passed, or all other persons whom it shall appoint subsequently to replace them, in order to benefit from an Administration Assistance Service. The person authorized to use this Service may make use of the telephone number and of the strictly confidential number communicated when the Order was given, and of an email address which can be used with this number to contact PENTALOG HR concerning questions relating to use of the Service and/or Platform’s advanced administration functions, during PENTALOG HR’s Opening Times.
The Administration Assistance Service relates to use of the the Platform’s advanced administration functions, exclusively, and in particular: assistance relating to the operating system of the virtual machines, all applications present on these virtual machines, or installed by the User, if it has this right.
10.2.3 Corrective Assistance
The Corrective Assistance services enable the User to bring the Anomalies to PENTALOG HR’s attention.
The User may use the telephone number and the strictly confidential number given when the Order is passed, and also an email address which can be used with this number, and the Platform, by which persons authorized to access Corrective Assistance may describe any Anomalies which they have observed. If the reported Anomaly is established as a real one, and requires intervention by PENTALOG HR, PENTALOG HR shall activate the said intervention. The User shall perform all procedures and tests according to PENTALOG HR’s directives, and shall report the results to PENTALOG HR’s technicians.
PENTALOG HR undertakes to respond to the reported Anomaly according to its assessment of the Anomaly’s seriousness, and the urgency of correcting it, within a reasonable period. After the Anomaly has been registered, PENTALOG HR undertakes to work to examine all aspects, in order to diagnose the problem reported as an Anomaly, and to confirm the conditions required to reproduce it. PENTALOG HR undertakes to apply the patches to the Platform or the Service or, if necessary, to send the User all requests to undertake test procedures, or for files intended to apply a patch for or find a solution to the Anomaly within a reasonable period of the Anomaly being diagnosed and found to be reproducible. When Corrective Assistance is implemented the User undertakes to perform PENTALOG HR’s directives. If the reported Anomaly is a Minor Anomaly, PENTALOG HR may, if applicable, schedule an application of the patch for the Anomaly for next time the Platform is updated. If PENTALOG HR’s technicians consider that the malfunction reported by the User is not an Anomaly attributable to PENTALOG HR, they shall suggest that User uses a local service provider, which the User shall be responsible for choosing, for on-site intervention payable by it. PENTALOG HR also then reserves the option of re-invoicing the User for the costs incurred by PENTALOG HR due to this unjustified support request.
The User is solely liable for direct and indirect and tangible and intangible damage and losses, caused by itself or its employees, to PENTALOG HR and/or to all Authorised Users, and/or to all third parties, and undertakes to hold PENTALOG HR and its affiliates harmless against all claims, complaints and/or orders to pay damages, with which PENTALOG HR might be threatened or to which it may be subject, and/or which might be given against it, including any reasonable legal costs which PENTALOG HR may have incurred, if the cause, basis or origin of these is any content transferred or hosted by the User, the infrastructure of the User in question or the use of the Services by the User.
The Platform and the Services are made available “AS IS”, without any guarantee of any kind whatsoever, whether express or tacit, concerning their quality, performance or results. The risks inherent to quality, performance and results shall be borne by the User. The User thus acknowledges that it has been able to assess the capacities of the Platform and of the Service. The User may not require that new services, new functions or upgrades are established, except for voluntary services, patches or modifications made by PENTALOG HR, which the User then undertakes to accept.
PENTALOG HR MAY UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT OR INDIRECT LOSS CAUSED TO THE USER, OR WHICH HAS BEEN CAUSED TO A THIRD PARTY FOR REASONS ATTRIBUTABLE TO THE PLATFORM, THE SERVICE OR ITS SUPPORT, IF APPLICABLE, OR WHICH HAS BEEN CAUSED BY USE OF THE PLATFORM OR SERVICE, INCLUDING IN THE CASE OF LOSS OF DATA, OR DUE TO UNAVAILABILITY OF THE PLATFORM OR SERVICE.
PENTALOG HR shall not be liable for any loss caused by use of the Platform or Service in conjunction with software or hardware used by the User, or any user, for any technical problem which the User may have, including of the infrastructure of the User, which is responsible for purchasing the necessary maintenance contracts and, in particular, for establishing all data backup procedures. PENTALOG HR may not be held liable for any faulty operation of the Platform or Service due solely to the fact that they exist. PENTALOG HR does not guarantee continuous operation of the Platform or of the Service, or that they are free of errors.
PENTALOG HR shall not be held liable either for any loss of time, or disruption of production caused by performance of the Services due from it pursuant hereto, or resulting from a malfunction of all or part of the Platform or Service.
PENTALOG HR assumes a best-efforts obligation regarding resources in performance of its obligations.
PENTALOG HR may be held liable only in the event of a serious fault or proven gross negligence in performing its obligations, and such liability shall be expressly capped – excluding all other forms of damages of any kind whatsoever, in particular operating losses, indirect loss, loss of data and losses caused to third parties – at the following sums:
12.1 User’s Personal Data
PENTALOG HR shall process the User’s Personal Data for the requirements of provision of the Services and for provision of the Platform, on the terms and conditions defined in the General Terms and Conditions and in the Privacy Policy.
Pursuant to the applicable law, and in its capacity of technical intermediary, PENTALOG HR shall retain the log-on data of the users of the Platform and of the Services, which it undertakes to keep confidential pursuant to the legal requirements, and to communicate to third parties only on a legal requisition or a requisition by the competent authorities.
Notwithstanding the foregoing, the User is informed that PENTALOG HR may make statistical use, from all Personal Data has been removed, of the usage made by the User of the Platform and Services, including the virtual machines and applications.
The User’s Personal Data may be used by PENTALOG HR for marketing and commercial prospecting purposes. The User thus acknowledges that it may receive newsletters and other PENTALOG HR service offers accordingly.
12.2 Recovering of the User’s Personal Data
If a request is made to obtain the User’s data, PENTALOG HR shall be able to implement the means required to extract the stored data and to send it to the User, on the terms stipulated by the Privacy Policy.
Recovery of the data must be requested by the User with at least fifteen (15) days’ notice in order to comply with it. Recovery of the data must be effected under an agreement concerning the methods, in particular the technical methods, use to transmit the data to the User.
12.3 Candidates/employees’ Personal Data
Regarding the Personal Data of the Candidates and/or employees which the User adds to its Interface, the User guarantees that it has obtained the prior consent of the said Candidates and/or employees to transfer the Personal Data relating to them to PENTALOG HR’s Site. The User shall be responsible at all times for ensuring that all prior declaration or authorisation formalities have been accomplished, in particular to the French National Computing and Freedom Commission (CNIL), in its capacity of manager of the processes implemented, through its use of the Platform and Services.
PENTALOG HR shall not access and shall not have access to the Personal Data of Candidates employees who passed a Test during the User’s paying period.
PENTALOG HR accesses the data of Candidates and/or employees who have accepted the Specific Terms and Conditions for a “Starter” solution after the period defined in article 4.3.2 above
If a request is made to view, rectify or delete its Personal Data made by a Candidate/employee, the User may request that PENTALOG HR deletes all data relating to the said Candidate/employee contained in the Interface and thus cease using the data of the said Candidate/employee by PENTALOG HR. In this eventuality the User must give PENTALOG HR proof of the Candidate/employee’s request.
13.1 Term of the Contract
The present Specific Terms are valid for an indeterminate term, and for as long as the User has an Account on the Site.
The term of the purchased Services is defined in the corresponding Estimate.
13.2 Termination
13.2.1 Termination by the User
The User may terminate the present Contract for convenience by closing its Administration Account and all its associated User Accounts, and
– In the case of “Free Trial” or “Starter” accounts, PENTALOG HR shall retain the Personal Data of the persons who have taken the Tests and have accepted the Specific Terms and Conditions during the term of the Contract,
– In the case of a paying solution no reimbursement of previously paid sums shall be possible.
The User may also terminate the present Contract in the event of a prolonged breach of its obligations by PENTALOG HR. In this eventuality the User must notify this breach by registered letter with acknowledgement of receipt sent to PENTALOG HR, duly giving reasons, expressly stating the User’s intention to terminate the Service in question unless PENTALOG HR remedies this breach within thirty (30) days of its receipt. In the case of a paying solution the parties shall come together to discuss the financial terms of the termination, and the Contract shall be terminated as of right thirty (30) days after dispatch of notice which has gone unheeded.
13.2.2 Termination by PENTALOG HR
PENTALOG HR may terminate the present Contract as of right and without any other formalities in the event of a breach by the User of any of its obligations stipulated by the present Contract, thirty (30) days after dispatch of notice which has gone unheeded, by closing or blocking the User’s Administration Account(s) and associated Accounts, with the understanding that PENTALOG HR shall retain all sums paid by the User.
PENTALOG HR may also terminate the present Contract as of right if the User is in a situation of compulsory administration or court-ordered liquidation, change of owner or of main shareholder, or of merger leading to a change of control.
13.2.3 Consequences of the termination
In the eventuality of termination, the User undertakes to cease to use all codes for logging on to the Platform or Service, to return without delay to PENTALOG HR any accessories involved in its use of the Platform and of the Service which are in its possession, and to retain no copies, whether total or partial, including of the login codes, failing which you may be subject to legal action. However, it undertakes to pay any invoices which have been issued and have fallen due for Services actually used.
The present Specific Terms and Conditions are subject to French law.
In the event of difficulty of interpretation or of performance hereof the courts with the geographical jurisdiction of Orléans Appeal Court shall have exclusive jurisdiction.
All claims and/or disputes by the User against PENTALOG HR must be made in writing at the latest 48 hours from their generating event, subject to forfeiture, through the PENTALOG HR Platform or by registered letter with acknowledgement of receipt. The wording of the claim and/or challenge to the disagreement in writing must include, in particular, details of the services, sums, etc. which are subject to challenge, and the grounds of the challenge. Notwithstanding the foregoing, disputes relating to invoicing are settled as indicated above.
In the event of a dispute concerning use of the Platform or of the Services, the parties agree that the records made by PENTALOG HR’s equipment of use of the SkillValue Assessment or of the Service, and specifically use of the User’s personal identifiers and login codes, shall have probative force between the parties.
PENTALOG HR has the option of subcontracting or assigning all or part of performance hereof. Any subcontracting or assignment by the User is prohibited without PENTALOG HR’s prior written agreement.
The present Specific Terms and Conditions may be amended by PENTALOG HR at any time. All amendments hereof shall be notified to the User, which shall have a period of thirty (30) calendar days from the date of notification to object to the new version of the Terms. If the new version is refused the parties shall come together to determine the terms on which the Services may continue. If the User does not reply within a period of thirty (30) calendar days the new version of the Specific Terms and Conditions shall be considered to be accepted.
Neither party may not be held liable if performance of its obligations is delayed or prevented due to a case of force majeure, such as: industrial conflict, blockage of means of transport, interventions by the civil or military authorities, natural catastrophes, fires, water damage, impaired operation or interruption of the telecommunications network or of the electrical network and, in general, all cases accepted by case law. If the event continues for more than three months the Contract may be terminated by registered letter with acknowledgement of receipt, unless otherwise agreed between the parties.
If any of the stipulations of the present Contract is established to be invalid with regard to a legal rule in force or a legal ruling having become definitive, it would then be deemed to be unwritten, although it shall not then cause the Contract to be made invalid, or impair the validity of its other provisions. Should either party fail to seek application of any clause of the present Contract, or acquiesce with its non-performance, whether permanently or temporarily, this may not be interpreted as a waiver by this party of its rights under the said clause.
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