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General conditions

We invite you to read our general conditions carefully.

These terms and conditions apply to any agreement between Data3 (referred to below as "Data3", "Data3.co.uk", or "we") and the user (referred to below as "the user" or "you") of the CVbuilder service (referred to below as "the service".
The use of our CV builder, CVbuilder implies the respect of certain conditions. The purpose of this chapter is to describe them to you. The use of the service by you automatically confirms your acceptance of these.

Article 1. Use of the service

1.1 In return for payment, you are entitled to use the service to create, process, export and upload CVs and cover letters. You are responsible for the use of the tools and functionalities offered by the service.
1.2. The writing of the first version of your CV automatically leads to the creation of an account. An email will inform you of the access data in order to identify you and allow you to use the service's functionalities.
1.3. Your space allows you to save the different versions of your CV, your cover letters and your personal data. Your connection to the service allows you to consult them at any time.
1.4. Access to your account must be secured by you, by means of an e-mail address and a password. We strongly advise you not to disclose your password to any third party. Data3 reserves the right to deem all activities that occur within your account as a result of your request for access using your email address and password to be under your control and supervision. You are responsible for all activities that occur under your account, except where you explicitly inform Data3 that your password is held by a third party.

Article 2. Rules of use

2.1. Each account is personal and can only be managed by the owner of the e-mail address associated with the account. We expressly forbid third parties to access your account.
2.2. We reserve the right to prohibit the use of the service for actions that are in conflict with the regulations and the application of the law in force. This clause refers, among other things, to the recording or dissemination of information that is defamatory, slanderous or racist or to the sending of unwanted messages through the CVbuilder service.
2.3 In the event that we receive a complaint, or if Data3 finds that you have violated one or more of the rules set out above, we reserve the right to close the user account or block access to the service in its entirety, without any refund of the amount paid.
2.4. In all cases where Data3 becomes aware of a possible problem, damage or imminent danger to the proper functioning of Data3's or third parties computer systems or network and/or to the provision of the service via the Internet, in particular by sending unwanted e-mails or other data, the disclosure of personal data or the spreading of computer viruses, Trojans and similar software, Data3 reserves the right to take all measures it deems necessary and fair in order to avert or prevent the danger in question.
2.5. Data3 reserves the right to file a complaint at any time if it becomes aware of any wrongdoing. Data3 also reserves the right to disclose the name, address, IP address and other identifying data of any user to third parties who complain about the infringement of their rights or of these terms and conditions, provided that the complaint is deemed to be plausible, that there are no other methods of accessing the data and that the third parties can justify their interest in obtaining the data.
2.6 Data3 reserves the right to pass on to the offending service user any damages incurred as a result of the breach of the above rules of conduct. The service user indemnifies Data3 from all claims by third parties in connection with the input of his/her data.

Article 3. Maintenance and availability

3.1. Data3 takes all necessary steps to ensure the availability of the service, but cannot guarantee 100% availability.
3.2. Data3 actively maintains the services offered. Maintenance may occur at any time, announced or unannounced, even if it could cause limited availability.
3.3. Data3 reserves the right to change the service at any time, appreciates the feedback of the user but reserves the right to determine personally which information is suitable for disclosure on the website.

Article 4. Intellectual property

4.1. The Service, the Websites, the related software and all information, illustrations on the Website(s), templates/layout of CVs and cover letters are the intellectual property of Data3. The above may not be copied or used in any way without the express written permission of Data3, except as permitted by law.
4.2. Similarly, the layout of the final document that the user can download through the service is an integral part of Data3's intellectual property, as per the previous paragraph. The user of the service receives a limited right to use this layout. No express permission is granted for any other use of the service, except for use in combination with the documents created and offered by the CVbuilder service. This right shall continue to exist even after the termination of this agreement, including the terms thereof.
4.3. The information published or saved by the user via the CV builder, CVbuilder, i.e. the text or his/her passport photo, is an integral part of and remains the property of the user. Data3 reserves the right to use this information to a limited extent for the purpose of providing the service.
4.4. The user of the service can revoke this right of use as described in the previous paragraph either by exercising his/her right to delete the data concerned or by terminating the agreement.
4.5. If a user sends information to Data3, e.g. feedback about an error or a suggestion for its correction, he/she automatically grants Data3 an unlimited and permanent right to use this information in the context of Data3's services, with the exception of information which is explicitly designated as confidential and which is transmitted to Data3 in this state. Data3 is not obliged to pay any compensation if it decides to integrate the user's suggestion or feedback on its website.
4.6. The CV builder, CVbuilder, will not be made aware of any confidential data that the user saves or disseminates through the service, unless this is absolutely necessary for the proper performance of the service, or if Data3 is required to do so by any legal provision or obligation. Data3 will take all necessary steps to limit the transmission of data to the extent of its ability.
4.7. The user of the service has the right to use the service and the documents generated through the service, for example a CV or cover letter, for the duration of his/her membership. At the end of the membership period, the user will no longer be allowed to use the solicitation letters and/or the layout of the CVs generated by him/her. These documents may only be used by the user of the service after the financial acquisition of Data3's rights based on these documents.

Article 5. Financial remuneration for the service

5.1. The use of the service automatically implies the payment of a fee to Data3. The current fee is indicated on the website according to the product.
Depending on where you make your transaction, the method of payment used and the place of issue, foreign currency conversion charges may apply and price differences may arise due to exchange rates. Your transaction may be subject to foreign currency conversion charges assessed by your bank or card issuer. Data3 is not responsible for any foreign currency conversion fees or additional taxes, and will not compensate or reimburse you for any charges imposed by your bank or card issuer.
The costs of using the Service must be paid in advance when you apply to use the Service.
5.2 The initial use of the CV builder, CVbuilder, automatically implies the obligation to take out a subscription. The subscription of the user automatically implies the obligation to pay a monthly fee. The amount due by the user shall be paid in advance on a monthly basis as of the end of the first month of subscription.
5.3. Data3 reserves the right to change the costs notified in Article 5 paragraph 1 at any time. Data3 guarantees to inform the user of the service of any price changes within one (1) month before the price change becomes effective. If the user does not agree with the price change, he/she has the right to terminate the agreement until the updated prices come into effect.
5.4. In view of the immediate performance of the service by Data3, which is expressly requested by the user, the user is not entitled to any right of complaint about payment or any recourse to the provisions of the Distance Selling Act.

Article 6. Terms of payment

6.1. The user of the service can make payment by credit card in accordance with the instructions described on the website.
6.2. In case of non-payment on the due date, Data3 will send a payment reminder to the Service User to pay the amount due within 14 days. If the service user fails to pay within the period stipulated in the reminder, he/she shall be deemed to be in default by operation of law, without any obligation on the part of CVbuiler.co.uk to send a further reminder. In this case, Data3 reserves the right to charge reminder costs and to limit its services. For example, by restricting access to CVbuilder.
6.3. If Data3 is unable to collect the amount due and/or if the service user does not pay on the due date, the service user is not only liable for the amount due plus interest, but also for the full compensation of the out-of-court collection costs.

Article 7. Liability

7.1. Unless otherwise provided by law, the liability provisions set out below shall prevail in the event of use of the service.
7.2. Except in cases of intent or gross negligence, Data3's liability is limited to the reimbursement of the amount paid by the user of the service for the two (2) months prior to the time of the event which caused any damage.
7.3. In no event shall Data3 be liable for indirect damages, consequential damages, lost profits, lost jobs, lost savings and damages due to the stagnation of the company's business.
7.4. In the event of force majeure, Data3 shall never be liable to reimburse the user of the service for any damage suffered as a result of the events listed above. The following are considered to be cases of force majeure, in addition to those usually accepted by case law malfunctioning and breakdown of the internet or telecommunications infrastructure, malfunctioning or interruptions of the electricity network, internal rebellions, mobilisation, war, blockage of means of transport, strike, lock-out, disturbances in the business activity, stagnation of supplies, fire, floods and all other events beyond the express control of the parties preventing the normal execution of the use and provision of the service.

Article 8. Duration and termination of the subscription

8.1. This agreement and the subscription of the user of the service come into force as of the first use of the service by the user, as mentioned in Article 1 of these general terms and conditions.
8.2. The user of the service can terminate the subscription at any time via his/her account or by contacting customer service. In order to avoid unwanted renewal of the subscription, the user of the service must terminate the subscription in his/her account at the latest the day before the new subscription period.
8.3. In the event of termination of the subscription, no advance payments received by Data3 will be refunded to the Service User.
8.4. The data saved by the user of the service will be deleted after a period of eighteen months from the last date of use of the service. Data3 undertakes to inform the service user bye-mail before deleting the data, but is under no obligation to do so. However, the user of the service will have the possibility to use the data until the moment of deletion by entering into anew agreement.

Article 9. Changes in prices and conditions

9.1 Data3 reserves the right to change these terms and conditions and prices, effective at the beginning of each new payment period, unless otherwise provided by law.
9.2. Data3 undertakes to announce changes or additions on the website at least 30 days before the effective date, so that the user of the service can take notice of them within an acceptable period.
9.3. If the service user does not accept the amendment or supplement, he/she shall have the right to terminate this agreement until the date on which the amendment or supplement comes into force. Use of the service after the effective date of the amendment or supplement shall constitute formal acceptance of the amended or supplemented terms by the user of the service.

Article 10. Miscellaneous provisions

10.1. This Agreement shall be governed by and construed in accordance with French law.
10.2. To the extent not otherwise prescribed by mandatory law, any dispute arising under this agreement with Data3 shall be submitted to the competent French court in the district where Data3 has its registered office.
10.3 If any provision of these Terms of Use requires that a communication be in writing, the provision will be deemed to have been complied with if the communication was transmitted by email or through Data3, provided that it is clear that the message originated from the sender and that the integrity of the message has not been altered.
10.4. Data3 may assign its rights and obligations under this agreement, as well as the personal data recorded and processed in the course of its services, to a third party acquiring Data3 or its business operations.

Article 11. Contact

The user of the service can contact Data3 via the contact form for any questions, suggestions or comments regarding these terms and conditions or by email at contact@cvbuilder-online.com.