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GENERAL CONDITIONS AND COOKIES - MILSTONE SERVICE EDESTIM

TERMS OF USE OF THE SERVICE EDESTIM AND COOKIES,
GENERAL CONDITIONS OF SALE,
and GENERAL CONDITIONS CHANNEL ACTIVITY,
hereinafter called "General Conditions"
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"MILSTONE" - Milstone, limited company registered in France under RCS Thionville Nr.SIRET 798 600 698 0001 2 and domiciled at 60 Grand Rue, F-57970 Yutz.

"EDESTIM" - Psychometric online Assessment and other features of the company MILSTONE available on https://www.edestim.fr and other extensions .com, .de, .ch.

"Assessment" - Psychometric assessment test online EDESTIM.

"User" - A corporation or individual person adult and capable, within the meaning of applicable law, using EDESTIM after acceptance by MILSTONE under the conditions specified below, where his identity and contact details are indicated by the User or the Buyer with EDESTIM registration forms.

"Buyer" - A corporation or individual person, buying EDESTIM services from MILSTONE. The Buyer may also be the User and vice versa. The Buyer and the User are fully combined under these General Conditions.

"Applicant" - A person who, at the request of the User, complete an EDESTIM Assessment online.

"Identifiers" - Data to identify the User (including password among others), allowing its authentication, access and use of EDESTIM. The password is a secret, personal and confidential. MILSTONE shall in no event be liable for any unauthorized use or disclosure of the password.

"User Account" - EDESTIM online account of the User for access and use of EDESTIM service.

"Administration Console" - Online interface enabling the User/Buyer to use and administer its User Account.

"EDESTIM Points" or "PT EDESTIM" - Points purchased by the Buyer or converted by the User, and allowing access to the entire EDESTIM services. PT EDESTIM have no monetary value, are not refundable in case of non-use, are not transferable to third parties and are used exclusively for the purchase of EDESTIM services.

"Promo Points" or "PT Promo" - Promotional points offered by MILSTONE to the User or resulting from the conversion by the User of Channel Points in PT Promo, and allowing access to the entire EDESTIM. PT Promo have no monetary value, are not refundable in case of non-use, are not transferable to third parties and are used exclusively for the use of EDESTIM.

"Channel Activity" - Consists, for the User, to promote EDESTIM to other members of its direct or indirect network. The User is completely free to practice or not to Channel Activity and may restrict certain features under conditions defined below.

"Channel Network" - New EDESTIM users resulting from Channel Activity of the User at rank 1, 2 and 3.

"Channel Points" or "PT Channel" - Points collected by the User in the context of its Channel Activity. PT Channel can only be converted a/ in PT Promo or b/ in monetary Channel Commissions.

"Channel Commission(s)" - Means any remuneration possibly due by MILSTONE to the User under its Channel Activity to the conditions set out below.

"Channel Software" - Means the computer software for tracking and calculating PT Channel designed and developed by MILSTONE.

MILSTONE and the User/Buyer are hereinafter referred to individually as a "Party" and collectively the "Parties".


These General Conditions are concluded electronically by the Parties. By checking "I have read, understood and agree with General Conditions." then clicking the submit button for the operation concerned, the User confirms its full acceptance to these General Conditions and engages to comply accordingly. The User who disagree with the General Conditions may not use EDESTIM.


These General Conditions apply to all products, services of any kind sold by MILSTONE and are inseparable one from another. They are applicable in their entirety, in France or abroad, for any use of EDESTIM, for all orders placed between MILSTONE and the User and any Channel Activity. No deviation from these General Conditions shall be allowed without prior express agreement from MILSTONE. Any condition contrary to these Terms posed by the Buyer in its general conditions of purchase or in any other document, is unenforceable to MILSTONE, regardless of when it may have been brought to its attention. MILSTONE reserves the right at any time, without notice and without notification, to change these General Conditions. In the case of changes to General Conditions, MILSTONE is not required to keep available to the User the previous General Conditions. The General Conditions are available online on the www.edestim.fr site. It is the responsibility of the User to consult the General Conditions at every online transaction such as buying PT EDESTIM, access to the results of Candidate Assessment, conversion of PT Channel in PT Promo or Channel Commission, and other appropriate.


Registration at EDESTIM is free and mandatory for the User to use EDESTIM services. Free implies no refund of the internet connection of the User to access the website EDESTIM.

The EDESTIM Assessment is a professional tool. Reproduction of all or part of a test by the media or in books, the disclosure of which devalues the content of the test and psychological practice, is prohibited. The User also undertakes to protect the contents of the tests and to not disclose it to not competent third parties. The test EDESTIM pays particular attention to comply with recruitment rules regarding gender, ethnicity, religion, sex, politics, age and health status. However, regulations related to recruitment and assessment tests being country-specific, the User must ensure the compliance of the service EDESTIM with local legislation, and not to use the service EDESTIM in case of non-compliance. The User is obliged to take the necessary measures to ensure compliance with these General Conditions. MILSTONE is in no way responsible for damages of any nature that may result from the use of EDESTIM. The Candidate or client of the User may not claim any rights to MILSTONE. If responsibility for MILSTONE is questioned, MILSTONE reserves the right to claim damage compensation to the User.


MILSTONE undertake to inform the User of any major development features from EDESTIM online service. In no event MILSTONE not assume compensation for material and immaterial direct or indirect damage that may be suffered by the User as a result of the use of EDESTIM. MILSTONE also can not be held responsible because of the deterioration of files. The User agrees to prevent against these risks by performing regular backups of its data stored on the server EDESTIM such as Assessment reports of its Candidates, bills and others. MILSTONE reserves the right to modify the EDESTIM online service without notice or notification at any time. MILSTONE can not be held responsible if the EDESTIM online service is inaccessible, regardless of the time period. MILSTONE is authorized to partially or completely restrict access to EDESTIM User at any time without prior notice or notification.

User who selected or obtains Identifiers and password for access to its User Account is required to address these information as confidential and not disclose it to third parties. MILSTONE is authorized to change the Identifiers and password of the User at any time, for example for security reasons.

The User member of a company or organization, guarantee its right to use EDESTIM and engage his company or organization for its actions related to the use of EDESTIM according to General Conditions.


Although EDESTIM service is entirely free for the realization of Candidates Assessment and access to the results of average notations N1 and N2, the PT EDESTIM or PT Promo are required to access the detailed results of the Assessment. The acquisition of PT EDESTIM or PT Promo is done via the User's Administration Console: using promotion code, or by payment, or transfer of PT Channel in PT EDESTIM. The minimum purchase amount of PT EDESTIM is 100 (one hundred) PT EDESTIM.


The number of PT EDETIM or PT Promo required for access to the detailed results of a Candidate Assessment is 100 (one hundred) PT. This value can be reduced for the Users members of a Channel Network according to the conditions set out below.

Any acquisition by the User is immediate and irreversible (regardless of the progress of the Assessment) and access to concerned Candidate's detailed Assessment is then unlimited in time. For any acquisition, the corresponding amount of PT EDESTIM or PT Promo is consumed and deducted from the credit of PT EDESTIM or PT Promo of the User Account. The deduction is made primarily on the PT Promo if their number is sufficient.

Access to detailed results of a Candidate Assessment (as well as average notation N1 and N2) is possible only if the progress of the concerned Assessment is 100% completed by the Candidate.


The purchase price of one PT EDESTIM is 1,00€ HT (one euro tax-free). Prices are subject to change without notice. Prices for all orders placed are guaranteed and unchangeable. The VAT rate is in France 20.00% at 01/01/2014, and outside France according to legislation.

Orders are placed exclusively online through the Administration Console. All orders are irrevocable and non-refundable.

For any order placed, the User Account is then credited with the corresponding number of PT EDESTIM.

Payment for orders is due within 15 days net by credit card online, bank transfer or check.

Buyers of the European Union are requested to indicate their VAT number.

MILSTONE reserves the right to refuse any order from a Buyer who is not up-to-date on its payments to him.

If payment is not completed on time, MILSTONE reserves the right to apply penalties for late payment starting the day following the settlement date on the invoice. The rate of penalty is equal to three times the legal rate in force at the date of the order. Pursuant to Article L441 -6 of the Commercial Code, these penalties are payable automatically without any reminder. In case of late payment, MILSTONE reserves the right to apply in addition a late fee to cover administrative costs incurred by the late recovery of the invoice. In case of late payment, billing delay penalties and administrative costs do not exclude the possibility for MILSTONE to claim damages complementary interests to the Buyer. Finally, the Buyer or his representative can never on the grounds of complaint made by him, withhold all or part of the amounts due by it or offsetting. In case of prosecution, MILSTONE reserves the right to claim from the Buyer the reimbursement of procedure costs.


In the frame of EDESTIM service, MILSTONE created and developed the offer Channel Activity to any User who wishes, and subject to acceptance by MILSTONE, for the purpose of allowing him to find new EDESTIM users, and gain in return PT Channel which are convertible in a/ PT Promo or b/ Channel Commission subject to approval and acceptance. The search for new EDESTIM users being the sole responsibility of the User.


Following the registration of User on EDESTIM, EDESTIM affect and inform the User about his unique channel number. As part of the Channel Activity, User communicates to potential new users his channel number. The Channel number must be entered in EDESTIM registration form by the new user. By this unique medium, the Channel Software will identify new users members of the Channel Network of the User. Only new users which specified/entered the Channel number of the User when registering to EDESTIM are considered a member of the Channel Network of the User. The User may claim ownership of new users as member of its Channel Network only and exclusively if the channel number of the User appears directly (rank 1) or indirectly (ranks 2 and 3) in the EDESTIM registration form of new users.

By extension, members of ranks 1, 2 and 3 are also part of the Channel Network of the User, provided that the chain of channel numbers track back to the User. Thus, registered members with the channel number of the User are of rank 1, registered members with channel numbers of rank 1 members are rank 2, and finally registered members with the channel numbers of the rank 2 members are rank 3. For example, a 1110 members Channel Network can hold 10 members of rank 1, 100 members of rank 2, and 1000 members of rank 3. Possible members higher than rank 3 (4, 5, 6... ) are not considered to belong to the User's Channel Network and confer no right to collect PT Channel.


Members of the User's Channel Network benefit permanently from a 20% (twenty percent) discount of the number of required PT EDESTIM or PT Promo to access to the results of detailed Assessment.


MILSTONE gives the User a number of PT Channel proportional and equal to 10% of the volume of PT EDESTIM purchased and fully paid to MILSTONE by the Channel Network. The trigger entitling PT Channel to the User is the full payment(s) of corresponding invoice(s) for PT EDESTIM purchased by its Channel Network. Channel Software calculates the corresponding amount of PT Channel won by the User and automatically credits the User's Channel Account with the corresponding number of PT Channel. The amount of the Channel Account and the value of PT (paid or not) of the User's Channel Network are visible in the User's Administration Console.


PT Channel earned by the User may, at its request via the Administration Console, whether:

a/ converted in PT Promo with a conversion rate of 1 PT Channel = 1 PT Promo. So for example 5000 PT Channel will be converted to 5000 PT Promo. This conversion must be performed by the User through the Administration Console and for a minimum of ten (10) PT Channel. This conversion is allowed at any User and automatically produced by the Channel Software.

b/ or converted in Channel Commission with a conversion rate of 1 PT Channel = 1 € TTC (all taxes included). So for example 5000 PT Channel will be converted to 5000€ TTC Channel Commission. For users outside France, the payment will be made HT (excluding taxes) and therefore reduced from the amount of VAT applicable in France at the date of payment. For example, on the basis of a VAT rate of 20%, the conversion rate would be 1 PT Channel = 0.8333333333 € HT. The User may, at his first EDESTIM registration, authorize or prohibit the payment of Channel Commissions. This choice can not be changed after registration. Payment of Channel Commission is therefore possible only if authorized by the User at his first registration. The request for payment of Channel Commission must be performed by the User through the Administration Console and a minimum of 100 (one hundred ) PT Channel.

Conversion rates can vary over time, the rates applicable are those current at the date of conversion request by the User. In making its request for conversion, the User is deemed to have agreed to the corresponding conversion rates values.

In the event that the User does not demand the payment of Commissions Channel within 24 (twenty four) months from trigger entitling PT Channel, the User will be deemed to have waived and only the conversion in PT Promo will be possible.


To qualify for Channel Commissions, the User must make the request via the Administration Console and first complete all required fields on the online registration form. Once the request for Channel Commission made, the User is obliged to wait for the acceptance of the application by MILSTONE. In this regard, MILSTONE draws particular attention to the User on the need to provide MILSTONE with the following at request of Commission Channel:
- identification number to the VAT (value added tax) in the event that there is subject
- proof of identity by passport or ID-card for individuals and/or certificate of registration for legal entities
- detailed bank account information for the benefit of which MILSTONE will made the payment to the User including IBAN, BIC, account owner and details of the bank
- a valid and congruent invoice complying with applicable law for any payment of Channel Commissions, based on the "project channel invoice" generated by MILSTONE in response to the request made by the User via the Administration Console.

These conditions are crucial to the MILSTONE's acceptance of the payment of Channel Commissions. The User is solely responsible for the information provided by him during his EDESTIM registration. MILSTONE can not be held responsible for any erroneous information provided by the User. In addition, the User declares to have complied and will comply throughout Channel Activity with its legal obligations in tax and social security matters. The User is deemed to have given its unconditional acceptance of the General Conditions, and expressly acknowledges that by checking on EDESTIM online "I have read, understood and agree with General Conditions." then clicking the submit button of the concerned operation.


MILSTONE will refuse any request for payment of Channel Commissions that do not comply with the interests of MILSTONE, without having to justify the reasons. Not limited to, are not considered compatible with the interests of MILSTONE, the User that:
- infringes MILSTONE or its customers
- does not comply with laws and regulations, including laws relating to the protection of intellectual property, tax and social security obligations
- has not paid all the bills in progress relating to the purchase of PT EDESTIM
- disseminate content to violent, pornographic, religious, political, racist, or likely to undermine public order.

After considering his request for payment of Channel Commissions by MILSTONE, the User will receive notification by email of the acceptance or refusal of the application. In case of refusal, the User does not require the payment of Channel Commissions.


Channel Software shall calculate the amount of PT Channel automatically upon confirmation of payment of bills by the User's Channel Network.

Channel Commissions accepted by MILSTONE are paid to the User solely by bank transfer, within 30 working days of acceptance date.

Prior to any payment and to receive the amount of Channel Commissions, the User must provide MILSTONE with a valid invoice. To this goal, MILSTONE address, if applicable, a "project channel invoice" to the User via the Administration Console. The invoice then sent to MILSTONE by the User will, however, be issued under the sole responsibility of the User who will verify all terms.


It is agreed between the parties that the amount of PT Channel, Channel Commission and conversions is calculated by the Channel Software based exclusively on data recorded by the Channel Software. Each User has the ability to access his Channel account and the statistics, which are available at any time on the Administration Console. In case of dispute about the numbers or amounts, only the information collected and compiled by the Channel Software will prevail.


To maintain confidentiality of the Channel Network, the User's Administration Console displays only the total value of PT EDESTIM and PT Promo from its Channel Network at rank 1, 2 and 3, without further detailed information on members its Channel Network. MILSTONE has no obligation or communicate to the User detailed information about the members of his Channel Network other than those calculated/displayed by the Channel Software and available on the Administration Console.


In order to allow MILSTONE to comply with French labour law article L. 324-14 of the code de travail that stipulates "any person who is not insured upon the signature of a contract and every six months until the termination of the contract, of which the subject involves an obligation of an amount of at least 3000 euro for any work involved, any services provided or the conclusion of a commercial act, the other contractual party acquits themselves of all obligations with regard to article L 324-10 or of one of them in particular in the case of a contract conceived by a private individual for their personal use, those of their partner or parents or offspring, will be considered in association with one who is the subject of proceedings regarding non-declared work", in the case where the total value of Channel Commission received is in excess of 3000 euro, the User, as a private individual, for a corporate account or representing an association, should produce the following documents:

If the User is a corporation, it should produce:
- a certificate of provision of social statements dated within one year
- a tax notice relating to the business tax for the previous year, when the User is subject to
- where appropriate certification by which the User warrants the correctness of his position in relation to Articles 52, 53, 54 and 259 of the Public Procurement Code
- a certificate of financial guarantee according to Article L. 124-8 for temporary work company
- if the documents mentioned in the first three indents above can not be provided, for those having started their business for less than a year, a receipt of filing declaration with a center for business formalities.

And also if the registration of the User in the directory or trades or trade register is compulsory in the case of a regulated profession, the following documents:
- an registration certificate from the commercial register of companies
- an identification card proving registration in the directory of trades
- a quote, advertising document or professional correspondence bearing the name or company name, full address and the registration number in the Trade and Companies Registry or the reference of the approval issued by the competent authority
- a receipt of notification from a center for business formalities for individual or legal persons who began their activity for less than one year.

If the User is a individual person, it shall produce:
- a certificate of provision of social statements dated within one year
- a quote, advertising document or professional correspondence bearing the name or company name, full address and the registration number in the Trade and Companies Registry or the reference of the approval issued by the competent authority.

If the User is an individual, they should produce:
- proof of identity (copy of identity card or passport) and
- a certificate of provision of social statements dated within one year.

If the User is an association, they should produce:
- its statutes and
- a copy of the legal notice published in the Gazette.

If the User whatsoever has employees, it must provide a declaration on their honor certifying that the work will be done with employees regularly employed under Articles L. 143-3, L. 143-5 and L. 620-3 of the Labour Code.


In addition, the User guarantees the accuracy of information provided to MILSTONE during registration to EDESTIM and undertakes to notify him of any changes to such information by updating their Identifiers via the Administration Console.


The User shall not:
- proceed with the purchase of the keyword "edestim" or any similar keywords for commercial or promotional whatsoever on search engines such as Google, Yahoo, etc., or a portal advertising service or any other service of this type
- generate automatic registration to EDESTIM, artificial clicks, repeated, especially made by robot, software, tools for automatically generating clicks or any other method and all forced a link resulting from the promise of a reward uses any sharing or other similar means
- to appear on its website any link, text, image, graphics, technical specification or other EDESTIM element, excepted if provided and expressly authorized by MILSTONE
- to misuse of EDESTIM by introducing viruses, trojan horses, worms, logic bombs or other malicious material/technology
- perform or attempt to perform an unauthorized access to EDESTIM, the server hosting EDESTIM or any server, computer or database connected to EDESTIM
- attack or attempt to attack EDESTIM by direct or distributed denial of service
- create an abnormally high number of connections, registration of User Accounts, records of Candidates, detrimental to the proper functioning of EDESTIM.

In the case of User's legal infringement related to the use of ESTESTIM, MILSTONE reserves the right to inform the competent authorities.

The User acknowledges that the actions listed above will be considered fraudulent and may result in immediate termination without compensation of the User Account.


MILSTONE undertakes to make every effort to ensure the proper functioning of EDESTIM Channel service and software to enable the User to use EDESTIM in accordance with the General Conditions hereof. Moreover, in case of reversible technical failure affecting the operation of the service EDESTIM, MILSTONE will reactivate without compensation of any kind, the User Accounts on the basis of the last valid backup. MILSTONE can in no way be held responsible for the unavailability of EDESTIM service. In addition, the User agrees that the EDESTIM service may be interrupted for maintenance. Nothing in these terms shall be construed as obliging MILSTONE to disclose data concerning its activity to the User.


The personal data provided to MILSTONE at all registration or application is required to process and monitor any User Account. They may be used to inform the User about new EDESTIM opportunities, the User expressly acknowledges and accepts these General Conditions. They are not sold or passed on to third parties. All personal data collected by MILSTONE are treated with the utmost confidentiality. They may however be communicated to suppliers and service providers for MILSTONE direct and related needs of the performance of these General Conditions, especially for billing and accounting operations.

Under the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms, every User has the right to oppose, access and rectification of personal data. These rights may be exercised at MILSTONE by email to the following address: admin[AT]edestim.com.

Generally, in the case where the User communicates and transmits MILSTONE information which, although relating directly or indirectly, intended or refer directly or indirectly a third party, then the User is solely responsible for the authorization which may require to be obtained from such third parties, as well as the communication and transmission of such information to third parties as well as to MILSTONE, in accordance with these Terms and Conditions.

MILSTONE can not be held responsible, in particular with regard to any third parties, for the control a priori or a posteriori of the quality and/or authorized or not of the User that collects, obtains, discloses and transmits information to MILSTONE, this in any way whatsoever and on any basis whatsoever, as well as the use or non-use, operation or not operating, to be made by MILSTONE or by a third party regarding provided information. In this respect, the User authorizes MILSTONE to access, receive, store, use and disclose all or part of this information in accordance with these General Conditions.


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Calculating the amount of the PT EDESTIM invoices, the amount of PT Channel and converting PT Channel in Channel Commission is rounded, if necessary, two (2) decimal places at the benefit of MILSTONE.


The User Account is created for an indefinite period. At any time and as of right, the Parties have the right to close the User Account. Closing by the User is only possible if all purchase PT EDESTIM invoices have been paid, and access is via the link on the Administration Console. Unless expressly agreed by MILSTONE, closure will result in the loss and deletion of all the sets PT EDESTIM, PT Channel and PT Promo present on the User Account without compensation of any kind. No refund of current credit in PT Channel, PT Promo or PT EDESTIM is possible. The User Account may be closed or limited on unilateral decision by MILSTONE, at any time, without any justification to produce, without consideration and without notice, for example if the User does not meet its payment obligations or otherwise.

For traceability reasons and to guard against misuse, MILSTONE reserves the right to retain indefinitely the information related to the EDESTIM activities of the User.


EDESTIM service has been designed and developed by MILSTONE which, as such, hold full intellectual property covered by copyright. All intellectual property rights of EDESTIM services remain the property of MILSTONE or if any of its suppliers. Consequently, Users are prohibited, unless prior written permission of MILSTONE:
- to divert EDESTIM service or any of its elements for its own purposes or those of third
- reproduction of all or part of the service EDESTIM
- any translation, adaptation or transformation of any EDESTIM service on a medium other than that provided by MILSTONE
- any provision, transfer or assignment, even for free, all or part of EDESTIM service to others.

MILSTONE owning or holding valid all intellectual property rights (such as patents, trademarks, trade names, processes, software or other intellectual property rights) that it uses in the course of its activities, the fact that the User use any of these rights does not entitle him to any right.

These limitations under the Code of Intellectual Property, and whose non-compliance may result in prosecution, is to not only protect creations belonging to MILSTONE, but also and especially to ensure the protection of intellectual works of authors incl. their originality and integrity.


MILSTONE reserves the right to modify these General Conditions at any time without notice. Changes in General Conditions will be updated on the EDESTIM website. If User does not agree with the changes, he can close his User Account without consideration. Otherwise, the User will be deemed acceptance of such changes.


In case one or more provision(s) of these General Conditions proves to be invalid in whole or in part, such invalidity shall not affect the validity of the remainder of these General Conditions. In such a case, the Parties shall substitute where possible this illegal provision with lawful provision corresponding to the spirit and intent thereof.


These General Conditions shall not be construed as imposing any obligation MILSTONE to contractually bind with the User. Furthermore, the Parties expressly agree that these General Conditions shall not be interpreted as creating a joint entity.


These General Conditions and any disputes that may arise regarding its interpretation are governed by the French law. These General Conditions may be translated by MILSTONE in several languages, if divergences in translation only the French version shall prevail between the Parties. In case of dispute concerning the General Conditions and prior to any legal action, the dispute will be discussed between the Parties in order to reach an amicable settlement within two (2) months from the date on which the dispute was notified by registered letter with acknowledgment of receipt by any of the Parties. In case of failure of the mutual agreement procedure, the Parties shall irrevocably grant to the Commercial Court of Strasbourg for any dispute concerning these General Conditions.


Date last updated General Conditions: 06 December 2013 - Version V03

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