General Conditions of Use and Sale

These general conditions of use and sale (hereinafter referred to as "General Conditions") are concluded between:

The company Iceopro, whose registration details and contact details are given in the appendix to this document

And

The Users of the iceopro.com website.

Preamble

The Iceopro company operates a website accessible at the address indicated in the Appendix, dedicated to connecting Freelancers and Professional Customers (referred to on the site as "Companies").

The purpose of these General Conditions of Use and Sale of the company Iceopro (hereinafter the “General Conditions”) is to govern the terms and conditions of use and sale of iceopro.com, as well as to define the rights and obligations of Users connected via the iceopro.com website.

Any access to and/or use of the www.iceopro.com site implies unconditional acceptance and compliance with all the terms of these General Conditions.

Consequently, the User of the site www.iceopro.com acknowledges having read and accepted these general conditions and undertakes to respect them.

I – Definitions

Www.iceopro.com : refers to the website operated by Iceopro, the address of which is given in the Appendix. The iceopro brand is a protected brand.

Professional Clients (referred to on the Site as "Companies"): designates all professional legal or natural persons, using the www.iceopro.com site for strictly professional purposes, with a view to entering into contact with one or more Freelancers.

Freelancers: refers to independent professionals registered with the corresponding commercial register, and who offer their services to Professional Clients (designated on the site as "Companies" through the site www.iceopro.com.

Users: refers to Freelancers and Professional Clients (referred to on the site as "Companies") registered on the site www.iceopro.com

Account: refers to the account created on www.iceopro.com by Users when registering on the www.iceopro.com website.

Content: refers to all remarks, messages or information of any kind whatsoever (text, image, video, photographs, comments, trademarks, company names, etc.), put online by Users on the www.iceopro.com website.

Offers: refers to requests for services offered by Professional Clients (referred to on the site as "Companies") via the iceopro.com site to Freelancers.

Services: refers to all the services provided by iceopro.com as defined in article 3.1 hereof

II – Registration on iceopro.com

2.1 Conditions of User registration on the www.iceopro.com website

To be able to access the Services, Users must create an Account by registering on the iceopro.com website.

Any access or registration to the www.iceopro.com site entails recognition and acceptance of these General Conditions of Sale and Use, without any reservations.

The User acknowledges having, prior to his registration, read all of these General Conditions of Sale and Use and declares to accept them without reservation.

Users must be at least 18 years old and be legally capable of contracting and using the iceopro.com site in accordance with these General Conditions.

Users of the www.iceopro.com site must be registered as professionals and are required to provide accurate and complete information which they undertake to update immediately in the event of any changes.

Access to the Account created is protected by a username and password chosen by Users when registering on the iceopro.com website. Users are solely responsible for any use that may be made of their username and password, and the sole guarantors of their confidentiality, as well as any use of their Account.

Iceopro provides no guarantee as to the completeness, reliability and accuracy of the information provided by Users, under their sole responsibility. Users are required to verify the accuracy of this information.

2.2 In the event that Users provide false, inaccurate, outdated or incomplete data, the Iceopro company will be entitled to suspend or close their Account without refund and to refuse them, in the future, the access to all or part of the Services.

III – Description of Services and operation of the iceopro.com website

3.1. Description of Services

3.1.1 The Services include in particular:

•      the possibility for Users to create an Account on www.iceopro.com

•      direct contact between Users registered on www.iceopro.com

•      the possibility for Freelancers to consult the Offers on www.iceopro.com

•      the possibility for professional Customers (referred to on the site as "Companies") to publish Offers intended for Freelancers on www.iceopro.com

3.2. Operation of the website www.iceopro.com

3.2.1 Connecting Users via the www.iceopro.com website

Users can contact each other directly via the website www.iceopro.com. Once contact has been established, the Users agree among themselves on the terms of their future collaboration without any intervention on the part of the company Iceopro.

3.2.2 Collaborations between Users of the www.iceopro.com website

The www.iceopro.com site is solely a platform for connecting professionals and does not intervene in any way in transactions or the conclusion of potential agreements between Users. Under no circumstances can Iceopro, a simple connecting intermediary, be held liable for any disputes that may arise in the context of contracts or commercial relations resulting from these connections.

Freelancers remain solely responsible for their accounting and tax obligations with regard to the issuance of their own invoices. More generally, Users, Companies and Freelancers are solely responsible for their administrative, accounting, social and fiscal obligations.

IV – Access to the www.iceopro.com website and Services

4.1 Technical access to the website www.iceopro.com

Users are personally responsible for setting up the IT and telecommunications resources allowing access to the www.iceopro.com site. They bear the cost of telecommunications when accessing the internet and using the www.iceopro.com site.

The www.iceopro.com website is accessible 24 hours a day, 7 days a week for all Users.

The Iceopro company reserves the right, without notice or compensation, to temporarily or permanently close the www.iceopro.com site and/or access to one or more Services in order to update, modify or change on operational methods, servers and hours of accessibility, without this list being exhaustive.

The Iceopro company reserves the right to make to the www.iceopro.com site and the Services all the modifications and improvements that it deems necessary or useful for the proper functioning of the www.iceopro.com site and its Services.

4.2 Access reserved for Users

 Access to iceopro.com and the Services is exclusively reserved for its Users.

Users of iceopro.com are only professionals. Users remain solely responsible for the direct and indirect damage they may cause as a result of their behavior and bear the consequences alone.

V- Price of Services

5.1 Price of Services to Freelancers

Freelancers can choose between two subscriptions.

•      The Iceopro Monthly Package at €6.99 per month

•      The Iceopro Annual Package at €65.00 per year

VAT not applicable article 293B of the general code tax (CGI)

Monthly Iceopro Package

The Monthly Iceopro Package is concluded for a period of one month (1 month).

Unless terminated before the monthly expiry date, the Iceopro Package is automatically renewed each month on the end date indicated in the "My Plan" section of the Freelance Account. The continuation of the subscription is for the same duration and under the same conditions as those which were decided upon taking out the subscription.

Iceopro Annual Package

The Iceopro Annual Package is concluded for a period of twelve months (12 months).

Unless terminated before the expiry date, the Iceopro Annual package is automatically renewed each year on the end date indicated in the "My plan" section of the Freelance Account.

The continuation of the subscription is for the same duration and under the same conditions as those which were decided upon taking out the subscription.

Modification or termination of packages by Freelancers

The Iceopro Monthly and Annual Packages can be modified or terminated by Freelancers at any time, before the end date indicated in the "My plan" section of their Account by clicking on "My Stripe account".

5.2 Pricing of Services to professionnal Customers (referred to on the Site as "Companies")

Professional Customers (referred to on the site as "Companies") can contact Freelancers free of charge and publish offers free of charge on the site www.iceopro.com.

5.3 Refund

Termination of an Iceopro Monthly package or an Iceopro Annual package will not give rise to any reimbursement from the Iceopro Company for the remaining period of the initial or renewed contract.

In the event of termination of a subscription during the initial or renewed contract, the User will have access to the platform until the end of the period for which he paid.

5.4 Service Price Changes

The Iceopro company reserves the right to modify the price of its services at any time for any new registration.

The Iceopro company reserves the right to charge for initially free services.

VI- Payment system

6.1 Payment by Users is made by bank card through a secure online payment service.

6.2 For the purposes of implementing the payment system, Iceopro has subscribed to the services of Stripe Payments Europe, Ltd. (SPEL) 10 Boulevard Haussmann, 75009 Paris, France

Users contract directly with Stripe Payments Europe, Ltd (SPEL).

The Iceopro Company reserves the right to suspend Registration in the event of rejection of a payment, until the situation is regularized.

VII- Disputes

7.1 Disputes between Users of the www.iceopro.com website

The Iceopro company is not responsible for disputes between Users and will only intervene in the event of a breach of these general conditions of use and sale by a User.

Under no circumstances can Iceopro, a simple connecting intermediary, be held liable for any disputes that may arise between Users in the context of contracts or commercial relations resulting from this connection.

Third party to the contract concluded between the Users, the responsibility of the company Iceopro can in no case be sought due to the failure of one of the Users to fulfill his contractual obligations towards the other User (payment for the service, conclusion of the contract, performance of the service, termination of the relationship, etc.).

VIII - Commitments

8.1 Users undertake to access and use the www.iceopro.com website and the Services in accordance with the laws in effect and these General Conditions.

In this regard, Users acknowledge that for the sole purpose of verifying compliance by them with these General Conditions and applicable laws, the Iceopro company may take notice  of any content published or exchanged on the www.iceopro.com website.

Likewise, he acknowledges that the company Iceopro may intervene to moderate the Content published, if it does not respect the laws and regulations in effect as well as the obligations of the Users under the terms of these General Conditions.

8.2 Users undertake to carry out all the declarations and formalities necessary for its activity, as well as to meet all its legal, social, administrative and tax obligations and all the specific obligations which fall to him, where applicable, in application of the legislation on which it depends, in the context of its activity and the use of the Services.

In the event of a request, the User undertakes to provide, without delay, to the company Iceopro, any proof proving that he meets the conditions set out in this article.

Users are solely responsible for the proper fulfillment of the aforementioned formalities which fall to them. The responsibility of the Iceopro company cannot be engaged in this respect.

8.3 Users undertake to make fair use of the www.iceopro.com site and refrain from extracting any Content from the www.iceopro.com site for a similar or competing activity.

8.4 Users are prohibited from sharing with any third party, whether privately or on social networks, any exchange or excerpt of conversation from iceopro.com messaging.

Users also undertake not to use the contact forms on the www.iceopro.com site to send advertising messages.

8.5 Professional Customers (designated on the site as "Companies") undertake to offer serious and sufficiently detailed Offers to Freelancers on the www.iceopro.com site.

Professional Clients (designated on the site as "Companies") undertake to use the www.iceopro.com site for the purpose of finding Freelancers, independent professional service providers, without any intention of establishing any relationship of subordination with these latter.

IX – Liability

Responsibility of Users

9.1 Users are solely responsible for any direct or indirect damage that they may suffer as a result of inaccurate, incomplete, and/or misleading information that they provide when registering or in the absence of updating of these information, for which they bear the consequences alone.

They acknowledge and accept that any notification under these General Terms and Conditions may be sent to them via the contact email address provided when creating their Account on the www.iceopro.com website.

9.2 Users are solely responsible for all the Content they choose to put online on the iceopro.com site, the Iceopro company not checking the Content before it is put online.

Users expressly refrain from publishing on the www.iceopro.com website any Content that is abusive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and good customs, infringing, undermining public order or the rights of third parties, or likely to harm the rights, reputation and image of the Iceopro company and more generally, the content of which would violate the law and/or regulations, in particular of a criminal nature.

9.3 Users are solely responsible for the conclusion and execution of contracts relating to an offer concluded with other Users following their meeting on the site www.iceopro.com, the company Iceopro intervening only to put them Related. The conclusion and execution of these contracts, which occur directly between Freelancers and Professional Clients (referred to on the site as "Companies") take place on the initiative and under the exclusive responsibility of the latter.

9.4 Users acknowledge that they retain full responsibility for their administrative, legal and tax obligations.

Responsibility of the company Iceopro

9.5 The Iceopro company makes every effort to ensure access and proper functioning of the www.iceopro.com website and the Services 24 hours a day, 7 days a week.

Nevertheless, given the limits linked to the Internet, the Iceopro company cannot exclude that access to and operation of the www.iceopro.com site and the Services may be interrupted, in particular in the event of force majeure, malfunction of the equipment Users, malfunctions of the Internet network of Users, maintenance operations intended to improve the www.iceopro.com website and the Services.

Consequently, the company Iceopro cannot be held responsible for an interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions which would be attributable to it.

9.6 The Iceopro company provides Users with tools and technical means allowing them to enter into a relationship. Its responsibility is limited to the provision of these means, as described in the General Conditions and to the connection of Users.

In particular, Iceopro cannot be held responsible for the frequency of presentation of Freelance profiles or Offers published on the www.iceopro.com website.

The Iceopro company and the Users are independent parties, each acting in its own name and for its own account.

The Iceopro company does not conclude any contract in the name and/or on behalf of Users, the latter contracting directly with each other.

Consequently, the Iceopro company can in no way be considered as an employee/employer or agent of a User.

Since Iceopro is not a party in any capacity whatsoever to the contracts concluded between the Users, the latter are solely responsible for the difficulties, complaints and disputes that may arise during the conclusion and/or the execution and/or the breach of said contracts. Consequently, each User releases the Iceopro company from any responsibility for the direct or indirect consequences resulting directly or indirectly from the establishment of a relationship, the conclusion and/or the execution and/or the termination of a such contract between Users.

9.7 The Iceopro company does everything possible to ensure the content and validity of the information and documents transmitted by Users when they are established in France. However, the Iceopro company cannot be held liable in any way whatsoever for breaches of the obligations incumbent on them, particularly in the context of the fight against concealed work and compliance with the rules of transparency, as well as damages that may result.

Thus, the Iceopro company cannot be held responsible for false, misleading or outdated information communicated to it by Users.

Similarly, the Iceopro company reserves the right not to transmit to a User the messages of another User, when these do not comply with the General Conditions.

X – Personal data

The procedures for processing data related to the use of the www.iceopro.com site and any other interaction with the Iceopro company are explained in the "Privacy Policy" section on the www.iceopro.com site.

XI – Cookies

For the proper functioning of the www.iceopro.com site and the Services, cookies may be placed on the User's terminal when they connect to the iceopro.com site. All information concerning Cookies is explained in the "Privacy Policy" section on the website www.iceopro.com.

XII – Intellectual Property of the site www.iceopro.com

The iceopro.com site and each of its components, including but not limited to text, images, videos, photographs, trademarks, logos, corporate names, domain names are the exclusive property of Iceopro company.

These elements are protected by laws relating to intellectual property and others, and in particular copyright.

Any reproduction or representation, in whole or in part, of the iceopro.com site or one of its components, without the authorization of the Iceopro company, is prohibited and constitutes an infringement punishable by the Intellectual Property Code.

XIII – Duration, Termination and Sanctions

This contract is concluded for an indefinite period from the acceptance of the General Conditions by the User.

Any use of the www.iceopro.com website and the Services contrary to the General Conditions and/or the laws and regulations in force entitles the Iceopro company to suspend, without notice, the User's Account or to refuse to Users to future access to all or part of the www.iceopro.com site, without prejudice to any damages that the company Iceopro would be entitled to claim.

The Iceopro company may, moreover, five days after having informed the Users by means of the messaging system, automatically close the Account of the suspended Users and this, without any compensation being due for any reason whatsoever.

These measures may be taken in particular in the following cases:

–      communication of false information by Users (documents, location, experience, etc.);

–      insulting remarks towards Users or an employee of the company Iceopro;

–      unfair use of the website www.iceopro.com

Similarly, in the event that Users are the subject of repeated disputes or reports from other Users reported to Iceopro's Customer Service, the latter will be entitled to delay the visibility of the content hosted within the results. from the search engine, to suspend or close their account.

The closure of an Account by Iceopro automatically entails the termination of these General Conditions.

XIV - Customer Service

For any question or information concerning the www.iceopro.com site and the Services, Users may contact the Iceopro company via the “contact us” section on the ww.iceopro.com site.

XV – Nullity – Waiver

In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulation or by a court decision, this cannot in any way affect the validity and respect of these General Conditions.

The failure of the Iceopro company to exercise the rights granted to it under the present conditions does not constitute a waiver to assert its rights.

XVI – Modification of the General Conditions

The Iceopro company reserves the right to modify at any time, at its sole discretion, all or part of these General Conditions, and particularly article 3.1.1 relating to the description of the Services and article 5.4 relating to the modification the prices of the services according to the evolution of the Services offered by the company Iceopro.

Users who continue to use the ww.iceopro.com site once these changes have been made are deemed to accept these changes.

If the modifications made by the Iceopro company are significant, the Iceopro company will inform the Users using reasonable means, for example, by publishing on the iceopro.com site a notice relating to these modifications or by sending an email informative to Users.

XVII – Applicable law and competent jurisdiction

These General Conditions are subject to French law. Any dispute relating to their formation, conclusion, interpretation and/or execution falls within the exclusive jurisdiction of the courts within the jurisdiction of the Court as specified in the Appendix.

Version in effect from March 14, 2023

Appendix

This Appendix relating to the Iceopro company applies to the contract concluded between the Iceopro company and the Users of the www.iceopro.com website.