TERMS OF USE APPLICABLE TO EXPERTS ONLY

Anyone with business expertise can apply to use the 2PS Web Platforms as an Expert, either as a Consultant or as a Freelancer. As an Expert and user of the 2PS’ Web Platform, you undertake to be bound, in addition to the general terms of use stated herein, by the following specific conditions.

  1. Consultant OU FREELANCER
  1. CONSULTANT

The Consultant must offer at least one of the services described in the Web Platforms Catalog (https://2ps.com/catalog). The services catalog consists solely of services falling within the 2PS definition of business management consulting services. This definition evolves regularly according to the needs of companies in terms of management consulting in the fields of marketing, finance, strategy and IT. New services are added regularly according to market’s evolution.

To apply and join the 2PS network as a Consultant, you must be accepted by a member of the 2PS network who has been empowered to accept new members: Sponsor, Ambassador or Regional Manager. Only a member with such a role can allow you to access the 2PS network members functions on Web Platforms. Pending this acceptance, you are "Candidate". As a Candidate, you will have limited access to Web Platform features. Although as a Candidate you will not have access to all the features of the Web Platforms, it will allow you to evaluate the benefits of the Web Platforms for the development of your consulting business with the support of 2PS.

If it turns out that your Application is not accepted as a Consultant you will have the choice to apply either 1) as a Freelancer by paying an annual fee, or 2) join for free as a potential customer of the 2PS network members.

Unlike the Freelancer, the Consultant does not have to pay any annual fee unless he or she subscribes to a premium account in order to get additional options. On a basic account, the Administration Fees, 15% of the money made thanks to 2PS, covers the cost of being part of the 2PS network.

To be eligible for Consultant status you must pass an interview to determine that you are an expert with relevant experience and that you are offering one of the services found in the 2PS Catalog. If you believe that one of your services should be included in the 2PS service catalog, you can submit your request as described on the Web Platforms after you have been accepted as a member of the 2PS network.

  1. FREELANCER

If your expertise is not eligible for the 2PS Consultant definition, you might provide services to companies, but not in the management consulting field. You can apply as a Freelancer but you will not be able to join the 2PS network and you will not be considered a member of the 2PS network. As a Freelancer listed by 2PS, you will be evaluated by the members of the 2PS network and they can invite you to be involved in a project. With the status of Freelancer listed by 2PS, you can not introduce yourself as a member of the 2PS network. In addition you must pay an annual fee to stay in the Freelancers directory. If you publicly claim to be a member of the 2PS network or offer services that are not relevant to the 2PS Consultants’ Clients, or fail to pay your annual membership fee, your account will be suspended without possible refund of any amount collected by 2PS since the creation of your account.

The dispositions described in articles 3 to 6 herein apply only to Consultants who are members of the 2PS network but do not apply to Freelancers listed by 2PS.

  1. STATEMENTS AND COMMITMENTS

By becoming an expert listed on our Web Platforms, you state that you are of legal age in your place of residence. In addition, if you are connected to a legal entity and you want the name of the legal entity to be associated to your name in your Profile, you guarantee that you have the authority to bind the legal entity jointly and severally to 2PS and to make it a party to the User Agreement. Note that you must still create your Profile under your own name and not under the name of the legal entity.

You also undertake as to 2PS to create your Profile by disclosing accurate, truthful and up-to-date information, and to keep this information updated.   This information must include in particular your full legal name, your business contact information and your professional qualifications. If you register a professional title, it is your sole responsibility to ensure that you can legally use the title and that it is not a title reserved under any law whatsoever, and that it does not lead to confusion with a title whose use is restricted by law. You can only have one Profile on the Web Platforms and you must use your Profile and the Web Platforms only in accordance with the purposes of the Web Platforms.

You agree to participate regularly in the activities organized by the other members of the 2PS network, to refer the other members of the 2PS network to your professional relations, and more generally to favor the payment of services through the 2PS Web Platforms

  1. RESPONSIBILITIES AND OBLIGATIONS OF THE CONSULTANT

As a 2PS Network Consultant, you acknowledge that it is your duty to participate in the success of 2PS and all initiatives that are in the collective interest of the members of the 2PS network. You acknowledge therefore that if your actions go against this duty, your account may be suspended and you will be excluded from 2PS network.

  1. Regarding Clients

You are solely responsible for your obligations to the Client, and 2PS assumes no responsibility in this regard. You acknowledge and agree, as an independent entrepreneur, to be responsible for your own acts and omissions as well as for those of anyone who works for you or at your request or invitation. 2PS advises Consultants to purchase insurance tailored to the Services they offer. In the event a claim is made against 2PS with regard to the Services you have performed or failed to perform for a Client, you undertake to indemnify 2PS for any amount that it may incur in this regard.

  1. Regarding 2PS NETWORK MEMBERS

You agree not to harm the reputation of other members of the 2PS network  and the organizations directly supporting 2PS activities, distributing or facilitating the distribution of negative comments publicly, including on social networks. If you have a dispute with another member, you will inform your local 2PS representative, who will take any action to preserve the quality of the services offered by the 2PS network to Clients. Those actions can include exclusion of the 2PS Network. Members who behave in ways that are deemed inappropriate, unethical, or intended to avoid the respect of the Consultant responsibilities herein described will be excluded.

  1. Regarding 2PS

As a Consultant, you agree not to offer to Customers obtained through 2PS Services that are similar or comparable to those offered on the Web Platforms without using the Web Platforms. In addition, you agree to manage all requests for services that you will obtain directly or indirectly thanks to your 2PS network membership, in a way to pay an Administration Fee to 2PS. Scheming and making backroom deals to avoid to pay an Administration Fee to 2PS will lead to the exclusion of the 2PS network.

  1. Handling a request for Services

Most requests for services received by the 2PS Network Consultants are due to the recommendation of other members of the 2PS network. In this case, the Consultant who receives a request for service commits and undertakes to manage it in such a way as to pay Administration Fees to 2PS in order to contribute to the development of the 2PS network.

2PS can also receive requests for services through its Web Platforms, its local representatives, or after replying to a public tender. In such a case, unless the Client explicitly asks to communicate with a specific Consultant, all requests for Services will be routed by 2PS to a relevant Consultant. When a request for Services is sent to you, you must reply within 24 hours. If you do not, another Consultant will be notified by 2PS.

You are solely responsible for the final decision as to whether or not to accept a request for service by a Client. If you accept, you must enter into a Service Agreement with the Client prior to the performance of any service whatsoever, in particular regarding the Services offered, the terms thereof and the additional charges, if any. Otherwise, you will be deemed to have entered into this agreement by virtue of these presents. In all cases, the agreement must not contravene this User Agreement.

You must ensure that you have all the skills required to perform the Services and, if not, request assistance from another Consultant member of the 2PS network. In addition, you must ensure in the performance of your Service Agreement that you comply with any laws in force that are applicable to your Service Agreement, especially as regards the performance of acts that the law may reserve to certain professionals defined as such by law and to the enforcement of the intellectual property rights of third parties.

In all cases, if you agree to process a service request that is directly or indirectly due to your 2PS membership status, you agree to manage it in order to pay applicable Administration Fee to 2PS to contribute to the growth of the network.

  1. FINANCIAL  PROCESS AND REQUIREMENTS AND PAYMENT TERMS
  1.  INVOICING VIA 2PS

When a Consultant sends an invoice to a Customer via the 2PS Web Platforms, it officially designate 2PS to collect the amounts corresponding to the invoice. As soon as payment is honored 2PS will credit the Consultant's Account with the corresponding amounts, and mark as paid the invoices paid by the Customer, less the Administration and Payment Fees.

2PS does not act as trustee or other similar charges due to the receipt of money received from the Customer. 2PS makes no warranty and assumes no liability in this regard.

  1.  CONSULTANTS’ FEES

The Consultant has full responsibility for describing its fees properly to the Client. 2PS disclaims any liability for any claim that may be made by any governmental or other authority, including a claim for taxes not collected by the Consultant.

  1.  ISSUANCE OF A STATEMENT

When the consultant wishes to withdraw the money collected on his behalf by 2PS, he or she must send a request on the Web Platforms. A Statement is issued and sent to the Consultant at the e-mail address provided to 2PS. This Statement is a list of the invoices issued by the Consultant via 2PS and the amounts actually received by 2PS. A 2PS invoice for the Consultant detailing the Administration Fee and the Payment Fee retained by 2PS will be attached to the Statement. The Consultant must accept this statement within 15 days of its issuance, and confirm its completeness and conformity by following the procedure indicated on the Web Platforms. Forty-eight (48) hours after acceptance of the Statement, 2PS will transfer the residual amounts to the Consultant.

  1.  REFUSAL OF VALIDATION OF THE STATEMENT

If the Consultant is not satisfied with the fees recorded on the Statement, or in the case of disagreement between 2PS and the Consultant for any reason, the Consultant must notify 2PS as soon as possible. 2PS and the Consultant will assist each other in determining the fees and expenses that the Consultant owes to 2PS according to its activity as a member of the 2PS Network.

  1.  CHANGES TO THE STATEMENT

In the event any changes need to be made to the Statement, the Consultant shall request an authorization from 2PS at support@2PS.com in order to modify the invoice as well. Following this modification, 2PS then shall issue a modified Statement which will be sent to involved parties and which shall be validated. Modified Statement may be modified again in accordance with to this article.

  1.  PAYMENT

Within 48 hours of the validation of the Statement or the validation of any Revised Statement, 2PS will proceed to the payment of the amount due to any Consultant involved in the file according to the amount due according to the Statement validated by all the parties.

Payment will be made through PayPal, to the Paypal account designated by the Consultant. The Consultant therefore accepts all terms and conditions of use of PayPal and other related policies, which are accessible through the website www.paypal.com. Any payment method different from Paypal results in a payment fee that 2PS will clearly display on the Web Platforms. If the Consultant chooses a different payment method than Paypal, the Consultant agrees that 2PS will deduct the additional charges on the amounts due on the Statement.

DUTY OF LOYALTY OF THE CONSULTANT

As a Consultant, for the duration of the execution of a Service Agreement for a Client, you undertake not to offer that Client Services of a similar or comparable nature to those offered on the Web Platforms without using the Web Platforms.

REFERENCE TO 2PS IN THE PERFORMANCE OF SERVICES

In the performance of your Service Agreement, you may indicate that you display your services on the Web Platforms. You may also use the specially designed logo for Consultants available at 2ps.com/branding.
But at no time should this be construed as though you were an agent or employee of 2PS. You will be solely responsible for any confusion created in this regard.

VERIFICATIONS, SURVEYS OR INFORMATION GATHERING BY 2PS

You hereby acknowledge that 2PS may contact you and request information or conduct surveys from you and/or clients you have served.  

PROMOTION BY 2PS

As a Consultant, you state that you are able to consent and that you hereby agree that 2PS may publicly display on Web Platforms and other materials marketing your profile, your name, photograph, the name of your company or that of the legal entity mentioned in your profile, its logos, images or other trademarks and a description of your previous achievements.

Personal data

As a Consultant, you must have a Profile on the Web Platforms of 2PS. To enable 2PS to improve the Web Platforms and offer appropriate services to Clients and Consultants, you authorize 2PS to collect personal information about you and you agree to allow 2PS to use these for the sole purposes hereof. However, you may access, modify and delete most of your personal data directly on the Web Platforms. For data that we have and which is not accessible directly you may make your requests for access and changes to support@2ps.com.

Access to the personal data of Consultants and their modification is a free service, except where this service would require a disproportionate effort. 2PS reserves the right to decline any request requiring disproportionate technical effort (for example, creating a new system or a major modification of an existing procedure), compromising data privacy or presenting difficulties to accomplish.

CONFIDENTIALITY

The Consultant commits to 2PS for the benefit of the Client, to make all reasonable efforts to preserve the confidentiality of information, documents, data or others which may be sent to you by the Client. In addition, the Consultant shall use the information received only for the purposes of the business relationship with the Client.

TERMINATION, WITHDRAWAL OF YOUR PROFILE AND CONTENT REMOVAL

You may terminate the User Agreement by removing your Profile from the Web Platforms and ceasing any use. Any current Service Agreement may, at the discretion of 2PS, be referred to another Consultant.

You acknowledge and agree that 2PS, in its sole discretion may, without prior notice, suspend or terminate, in whole or in part, your use or access to the Web Platforms and remove any content that you have made available on the Web Platforms for any reason including a case where 2PS believes that you have breached this User Agreement. Your Profile may, at the discretion of 2PS, be stored only in order to allow you to complete current contracts without being visible to Users. You agree that 2PS shall not be liable to you or to any person as a result of such suspension or termination.

In the event of termination, whether at your request or at the initiative of 2PS, you shall continue to be bound by the provisions of the User Agreement for your prior use as a Consultant.