Terms of Sale

1. Who these Terms of Sale apply to

PreHire Services are intended exclusively for a professional clientele (B2B). The Customer represents that it is signing up in the course of its professional or commercial activity. These Terms of Sale do not apply to a consumer within the meaning of the French Consumer Code.

2. Services offered

PreHire offers:

• recurring monthly subscriptions (Launch, Launch Plus, Growth, Scale);
• a free seven (7) day trial period upon session activation, with unlimited interviews and analyses and without entering a payment method;
• for accounts with an active subscription, pay-as-you-go overflow credit allowing the processing of candidates beyond the included monthly quota.

3. Pricing

3.1 Monthly subscriptions

The detailed features of each plan are published on the Platform's pricing page.

3.2 Overflow credit

Overflow credit allows the processing of additional candidates beyond the monthly quota included in the subscription, at the rate of 0.50 € per additional candidate. It is reserved for accounts with an active subscription and grants the rights of the subscriber's tier. Overflow credits do not expire as long as they remain unused.

3.3 Price updates

PreHire may change its prices. Any change is notified to the Customer by email with thirty (30) days' notice before it takes effect.

The Customer may terminate its subscription before the new prices take effect without penalty, in accordance with section 7.

3.4 VAT and taxes

Prices are shown excluding tax. Applicable VAT is added in accordance with the regulations in force:

• Customers established in France: French VAT at the rate in force;
• Business customers established in the EU and providing a valid VAT identification number: VAT reverse charge;
• Customers outside the EU: billing excluding VAT, subject to supporting documents.

4. Sign-up

4.1 Trial period

PreHire offers the Customer a free trial period lasting seven (7) calendar days from session activation. During this period, the Customer benefits from an unlimited number of video interviews and analyses, without commitment and without entering a payment method. The trial period is limited to one (1) per Customer, unless otherwise agreed commercially.

4.2 Consequences of the end of the trial

At the end of the seven (7) days:

• the Customer can no longer invite new candidates within the trial session;
• invitations already sent to candidates before the end of the trial remain valid; the candidates concerned may complete their interview on their own initiative;
• the Customer's access to the results of interviews completed after the end of the trial is suspended until a subscription is taken out;
• failing sign-up, the data linked to the trial session is deleted under the conditions set out in the Privacy Policy and the DPA.

The Customer acknowledges that, in the absence of a subscription sign-up at the end of the trial period, no retention of the data and results from the trial session is guaranteed beyond the period mentioned in the Privacy Policy. It is the Customer's responsibility to sign up for a subscription before that period if it wishes to retain access to the results.

4.3 Signing up for a paid plan

The trial period is free and without commitment: no amount is charged during the trial and no payment method is required to benefit from it. Signing up for a subscription is a separate and voluntary act of the Customer: the subscription only starts, and is only billed, from the Customer's express sign-up, by providing a valid payment method from its interface. The sign-up is confirmed by a summary email and takes effect immediately. Failing sign-up, the trial ends without billing or automatic renewal.

4.4 Overflow credit

Overflow credit is reserved for accounts with an active subscription. It is purchased from the Customer's interface and added to the account upon receipt of payment. It grants the rights of the subscriber's tier and does not expire as long as it remains unused.

5. Payment

5.1 Payment methods

Payments are made by bank card via the payment service provider Stripe Payments Europe Limited, established in Ireland. Bank card data is processed directly by Stripe and is never stored by PreHire.

5.2 Due dates

Subscriptions are billed monthly by automatic charge on the anniversary date of the sign-up. Overflow credit is subject to immediate payment upon purchase.

5.3 Billing

An invoice is issued for each payment and made available to the Customer in its personal area. Invoices are also sent by email.

5.4 Payment default

In the event of a failed charge, PreHire makes a new attempt within 3 to 7 days after notifying the Customer. In the absence of regularization within fifteen (15) days following the notification:

• access to paid features is suspended;
• the account switches to read-only: results already produced remain viewable, without the ability to process new candidates;
• any amounts still due remain payable.

In accordance with article L.441-10 of the French Commercial Code, in the event of late payment, late-payment penalties equal to the interest rate applied by the European Central Bank increased by ten (10) points are applied, as well as a fixed indemnity of 40 € for recovery costs.

6. Term and renewal

Subscriptions are taken out for an initial term of one (1) month, automatically renewable for successive periods of one (1) month.

In accordance with article L.215-1 of the French Consumer Code, applicable by extension to non-professionals, the Customer is informed that monthly subscriptions renew automatically, unless terminated under the conditions of section 7.

7. Termination

7.1 Termination by the Customer

The Customer may terminate its subscription at any time from its interface or by writing to support@pre-hire.com. Termination takes effect at the end of the current monthly period. No pro rata refund is made for the current period, unless a mandatory provision provides otherwise.

7.2 Termination by PreHire

PreHire may terminate the subscription:

• for serious breach of the Terms of Service or the Terms of Sale, without notice;
• without any particular reason, subject to thirty (30) days' notice given by email.

In the event of termination by PreHire for a reason not related to the Customer, the amounts paid for the current period are refunded on a pro rata basis.

7.3 Effects of termination

• access to paid features ceases at the end of the term;
• the account retains read-only access to results already produced for the applicable retention period, unless an express request for account deletion is made;
• unused overflow credits are not refundable, except in the event of termination by PreHire for fault not attributable to the Customer.

8. No right of withdrawal

As these Terms of Sale are intended exclusively for a professional clientele acting in the course of its activity, the right of withdrawal provided for by the French Consumer Code for contracts concluded at a distance with a consumer does not apply.

9. Plan changes

9.1 Upgrade

The Customer may switch to a higher plan at any time. The change is immediate. The price difference is charged on a pro rata basis until the next due date, after which the new price applies for subsequent due dates.

9.2 Downgrade

The Customer may switch to a lower plan at any time. The new price applies at the next due date. No pro rata refund is made for the current period.

9.3 Overflow credit

Overflow credit comes in addition to an active subscription: it does not constitute an alternative to the subscription and cannot be purchased without an active subscription. Overflow credits are neither refundable nor convertible into a subscription.

10. Overflow credit

Overflow credit is reserved for accounts with an active subscription. It allows the processing of candidates beyond the included monthly quota, at the rate of 0.50 € per additional candidate, and grants the rights of the subscriber's tier. Overflow credits do not expire as long as they remain unused; they give rise to no refund and are not convertible into a subscription.

11. Liability

11.1 Limitation

To the fullest extent permitted by law, PreHire's cumulative liability under the Terms of Service and these Terms of Sale is limited, per calendar year, to the higher of:

• the total amount paid by the Customer to PreHire during the twelve (12) months preceding the triggering event;
• one thousand (1,000) euros.

PreHire is not liable for any indirect damage, in particular loss of revenue, loss of opportunity (including loss of recruitment opportunity), loss of productivity, reputational harm or loss of data recoverable from backups.

11.2 Exclusions

No limitation applies in the event of:

• gross negligence or willful misconduct by PreHire;
• bodily injury;
• deliberate breach of mandatory obligations regarding the protection of personal data.

12. Force majeure

Neither Party may be held liable for a failure resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code and applicable case law, including in particular: natural disaster, pandemic, armed conflict, decision of a public authority, widespread failure of electricity or telecommunications networks beyond the reasonable control of the Party concerned.

13. Confidentiality

Each Party undertakes to keep confidential the technical, commercial or financial information of the other Party to which it may have had access in the course of performing these terms.

This undertaking continues throughout the term of the contractual relationship and for a period of three (3) years following its end.

14. Changes to these Terms of Sale

PreHire may change these Terms of Sale at any time. Changes are notified to the Customer by email with thirty (30) days' notice before they take effect. If the new Terms of Sale are refused, the Customer may terminate its subscription free of charge before they take effect.

15. Governing law and jurisdiction

These Terms of Sale are governed by French law.

Any dispute is subject to the exclusive jurisdiction of the Commercial Court of Lille Métropole, notwithstanding multiple defendants or third-party proceedings.

16. Contact

• Customer Service: support@pre-hire.com
• Billing: billing@pre-hire.com
• Phone: +33 9 80 40 06 22