General Terms of Use and Sale

1. Purpose and acceptance

These general terms of use and sale ("Terms") govern access to the metteuraupoint.fr platform ("the Platform") and the purchase of its paid offers. The Platform is published by Bilel Ben Yedder EI, sole trader (micro-enterprise), trade name Metteuraupoint.fr, SIRET 837 487 487 00022, 8 allée Victor Schoelcher, 95400 Villiers-le-Bel, France, contact@metteuraupoint.fr ("the Publisher").

They are accepted when an account is created, a project request is posted or any payment is made. They prevail over any other document, including the user's own purchasing terms. The applicable version is the one online on the date of acceptance.

2. Definitions

• User: any person who has an account or uses a Platform service.
• Expert: HVAC commissioning, balancing or testing professional (company director, technician or subcontractor) registered on the Platform.
• Client: building owner, engineering consultancy, contractor, property manager or facility manager who posts a project request.
• Project request: a request for services posted by a Client; Quote: a priced proposal issued by an Expert in response.
• Candidate: a person who uploads their CV to the CV database; Supplier: a company that has its products featured; Training centre: an organisation that presents its courses on the Training page; Metrology company: a laboratory listed in the metrology directory.

3. Role of the Platform

The Platform is a technical matchmaking service. The Publisher is not a party to contracts concluded between Clients and Experts: services are performed under the sole responsibility of the Expert, on the terms of their quote. Prices in quotes are set freely by Experts.

The Publisher checks the declared SIRET number and moderates project requests before they are shared, but does not guarantee the quality, lead times or solvency of the parties. Each Expert remains responsible for their qualifications, insurance and compliance with the regulations applicable to their work.

4. User account

• The Platform is reserved for professionals, except for the CV database, which is open to Candidates.
• Information provided must be accurate and kept up to date. One account per person; login details are personal and confidential.
• The Publisher may suspend or close an account in the event of false information, circumvention of the Platform, unlawful content or breach of these Terms, without refund of sums paid.

5. Project requests, quotes and introductions

• Posting a project request is free for the Client. An attachment (specifications, drawings) is recommended but optional; documents are anonymised by the Publisher before being passed on to Experts.
• Quotes are passed on anonymised. If the Client accepts a quote, the contact details of the Client and the Expert are exchanged free of charge.
• If the Client declines a quote but wishes to obtain the contact details of the Expert concerned, a flat introduction fee of €100 incl. VAT is payable.
• Once all of their quotes on a still-open project request have been declined, an Expert may submit a new quote for €19 incl. VAT (single-use credit). An Expert may only have one pending quote per project request.
• Contact details (telephone, email, website, SIRET, company name) must not be included in the content of a quote, nor may the other party be invited to continue outside the Platform before acceptance: such content is blocked and any breach may lead to the account being closed.

6. Paid offers and prices

All prices are stated in euros including all taxes. VAT not applicable, article 293 B of the French General Tax Code: no VAT is added to the amount paid.

7. Payment and invoicing

• Online payments are made by bank card via Stripe, a licensed payment provider; the Publisher never has access to card numbers. Supplier features and training centre listings are paid after the request has been approved, as communicated by email.
• Subscriptions are payable in advance, on subscription and then on each renewal date of the period (month or year). Access to the services opens as soon as payment is confirmed.
• If a payment fails, Stripe automatically retries it; if it is not settled, the subscription ends and access to paid services is suspended.
• An invoice is issued for each payment and made available in the user's account.
• Between professionals, any late payment automatically incurs penalties at three times the statutory interest rate and a fixed recovery fee of €40 (article L441-10 of the French Commercial Code).

8. Term, renewal and cancellation

• Monthly and annual subscriptions carry no commitment beyond the period paid for and renew automatically for the same period.
• Users may cancel at any time from their account (subscription management button). Cancellation takes effect at the end of the current period; access is maintained until that date.
• Management app (Premium plan): when the Premium subscription ends, the company's app is paused for all its accounts (manager, technicians, assistant, subcontractors). The data is kept and becomes available again as soon as the subscription resumes. Without renewal, it is permanently deleted, backups included, one year after the manager's last sign-in (and no earlier than thirty days after the pause). The manager is notified by email when the app is paused, then one month, one week and 48 hours before deletion.
• Any period started is due in full. No refund, full or partial, is granted for a month or year that has started, including in the event of cancellation, account deletion or non-use of the service.
• Accounts that subscribed to an earlier offer (including the former free offer) keep the terms accepted when they subscribed unless those terms are amended.

9. Account deletion

Users may delete their account at any time from their account area. Deletion is permanent: the listing is removed from the map, personal data is erased or anonymised and any current subscription is stopped immediately, without refund of the period started (month or year).

Quotes, project requests on which exchanges took place, payments and invoices are kept in anonymised form for the periods required by law (in particular 10 years for accounting records).

10. Right of withdrawal

Offers intended for professionals (Experts, Clients, Suppliers, Metrology companies) do not benefit from the right of withdrawal under the French Consumer Code.

A Candidate acting as a consumer has 14 days from subscription to withdraw, by writing to contact@metteuraupoint.fr. By requesting immediate access to the CV database, the Candidate acknowledges that the service starts before the end of this period: in the event of withdrawal, only the amount corresponding to the remaining period is refunded (article L221-25 of the French Consumer Code).

11. User obligations

• Only publish content that is accurate, lawful and for which they hold the rights (project requests, quotes, listings, CVs, forum messages).
• Not circumvent the Platform to avoid the fees provided for, not extract its data on a large scale, and not compromise its security or operation.
• Keep the files consulted confidential and use contact details obtained only for the project request concerned.

12. Content and intellectual property

For the duration of their registration, users grant the Publisher a free right to display on the Platform the content they post (listing, logo, listings) solely for the purposes of the service. The Platform, its brand, texts and code remain the exclusive property of the Publisher.

The Publisher may remove without notice any content that is manifestly unlawful or contrary to these Terms.

13. Liability and availability

The Publisher uses reasonable means to ensure access to the Platform, without guaranteeing continuous availability; interruptions for maintenance may occur. It is not liable for services performed between users, nor for indirect damage (loss of revenue, contracts or data).

Towards a professional, the Publisher's total liability for all causes is limited to the sums paid by that user in the twelve months preceding the event giving rise to the claim.

14. Personal data

The processing of personal data and cookies is described in the privacy policy, which forms an integral part of these Terms.

15. Changes to these Terms

The Publisher may amend these Terms. Subscribers are informed by email at least 30 days before any change to the prices or terms of their subscription and may cancel before it takes effect. Otherwise, the new version applies from the next renewal.

16. Governing law and disputes

These Terms are governed by French law. In the event of a problem, users are asked to write first to contact@metteuraupoint.fr to seek an amicable solution.

Between professionals, failing an amicable settlement, the courts with jurisdiction over the Publisher's place of residence have exclusive jurisdiction. Consumers may bring proceedings before any court provided for by law.