TERMS OF USE APPLICABLE TO CANDIDATES AND CONSULTANTS

As a Consultant or Candidate, you undertake to be bound, in addition to the general terms of use stated herein, by the following specific conditions.

  1. HOW TO BECOME A CONSULTANT

Do you have the experience and skills that are part of the range of Services offered via the Web Platforms? To offer your services you must be sponsored by a Consultant User of the Web Platforms. You will then have the status of “Candidate” for the duration of the Sponsorship. Although as a Candidate you will not have access to all the features of the Web Platforms, this method will allow you to evaluate the benefits of the Web Platforms for the development of your consulting business with the support of 2PS.

  1. STATEMENTS AND COMMITMENTS

By becoming a Consultant or Candidate, 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.

  1. RESPONSIBILITIES AND OBLIGATIONS OF THE CONSULTANT

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. 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.

  1. YOUR SERVICES, YOUR RESPONSIBILITIES

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 Consultant, 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. Handling a request for Services

Unless the Client explicitly asks to communicate with a specific Consultant, all requests for Services will be routed in an orchestrated fashion by 2PS to the various Consultants. As a Consultant, when a request for Services is sent to you, you must answer the request for Services within 24 hours from receipt. If you do not do this, another Consultant will be notified automatically by 2PS to respond to this request for Services and a notice to this effect will be sent to you by email. Once passed this notice has been sent, you will be deemed to have received it and you will not be able to contact the Client for this request for Services, unless authorized by the Consultant who has responded to the request.

  1. FINANCIAL  PROCESS AND REQUIREMENTS AND PAYMENT TERMS
  1. CREDIT TO THE BANK OF CREDITS IN THE CLIENT ACCOUNT

At the time the Client buys a Bank of Credits via the Web Platforms, 2PS will credit the Client Account with the amount corresponding to the Bank of Credits purchased, net of administration and payment costs. Notwithstanding the foregoing, 2PS may agree to charge only for the payment costs if a Consultant uses the Web Platforms, with the agreement of 2PS, for the sole purpose of collecting a payment from one of its clients.

In no case will 2PS act as a trustee or perform similar duties due to the collection of fees received from the Client. 2PS offers no guarantees and assumes no responsibility in this regard.

         6.2 DEBITS TO THE CLIENT ACCOUNT

All Consultants involved in the implementation of the Service Agreement will have access to the Client Account for the project related to this Service Agreement and may register their fees directly to the Client Account in order to use the Bank of Credits acquired by the Client.  Considering that the additional charges must be subject to an agreement that is separate from the Service Agreement and be paid directly by the Client to the Consultant, no additional charge may be registered to the Client Account and applied to the Bank of Credits of the Client unless there is a clear understanding to that effect with the Client.

6.3 CONSULTANTS’ FEES

The Consultant has full responsibility for registering its fees properly to the Client Account. 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. All amounts credited to the Client Account should be expressed in Canadian dollars.

6.4 Responsibility as to credits and debits to the Client Account

The Clients, and not 2PS, are solely responsible for the payment of the Services rendered, including all taxes and additional charges that may be required by a Consultant. It is up to the Client to approve the fees charged to its Client Account and to the Consultant to confirm the availability of funds in the Bank of Credits of the Client before performing the required Services.

6.5 ISSUANCE OF A STATEMENT        

When the Bank of Credits of the Client is exhausted or when the Consultant advises 2PS that all the Services required by the Client have been performed by any Consultant involved, a Statement will be issued and sent to the Client and to any Consultant involved in the Service Agreement to the email address provided to 2PS by them. The Statement notes the invoices to be issued by any Consultant having entered fees to the Client Account. After issuance of the Statement, no other fee or other charge may be debited from the Client Account for the same Services.

2PS disclaims any liability regarding the issuance of the Statement, its accuracy and veracity. 2PS shall not be liable for any damages that may result from an error due to its computer system and the Client and the Consultant hereby waive any recourse or claim to any amount whatsoever  in this regard to 2PS.

  1. ACCEPTANCE OR REFUSAL OF VALIDATION OF THE STATEMENT

The Client and any Consultant involved shall validate the Statement within 15 days of its submission, accepting and confirming its completeness and compliance by clicking on the button for this purpose on the Statement. Otherwise, the Statement shall be deemed validated in accordance with these presents on the 16th day following its transmission.

If the Client or the Consultant is dissatisfied with the fees registered to the Statement, or in the event of a disagreement between the Client and the Consultant for any reason whatsoever, the Client or the Consultant shall indicate this to 2PS, refusing to validate the Statement  by clicking on the button for this purpose on the Statement.

In the event of dissatisfaction or disagreement, any communication made or agreement reached shall take place directly between the Client and any Consultant involved, and not with 2PS which only issues the Statement, without any further liability.

  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 change its entries to the Client Account and to modify the Statement as well. Following this modification, 2PS then shall issue a modified Statement which will be sent to the Client and any Consultant involved as indicated in article 6.5 and which shall be validated as indicated in article 6.6. Ce Modified Statement may be modified again in accordance with to this article.

  1. RETENTION OF PAYMENT

As a Consultant, you authorize 2PS to retain a payment in the event a Client were to refuse to validate a Statement, regardless of the reason for the refusal of  validation, until the dispute is resolved to the satisfaction of both parties and the Statement  or any Modified Statement  is validated by all parties.

In the event the refusal to validate the Statement by the Client is unjustified, unfair and / or damaging, the Client shall be solely responsible to you for any damages resulting therefrom.

  1. PAYMENT

Within 15 days after validation of the Statement or of any Modified Statement  in accordance with article 6.7, 2PS shall proceed to pay the amounts due to any Consultant involved in the file according to the amounts which are due as reflected in the Statement  validated by all parties.

Payment shall be made primarily through PayPal, to the PayPal account designated by the Consultant. The Consultant thus accepts all the terms and conditions of PayPal and other related policies, which are accessible through the website www.paypal.com. 

Any means of payment other than PayPal entails additional charges that 2PS will display clearly on the Web Platforms. If the Consultant made the explicit choice of payment other than through PayPal, he or she accepts that 2PS charges the additional fees levied on amounts due according to the sums due in the Statement.

Any payment made through the Web Platforms is in Canadian dollars. The Client and the Consultant are solely responsible for any variation of the currency exchange rate that may occur.

If the Statement  is deemed  validated in accordance with article 6.6 and an order of payment is made by 2PS to the benefit of a Consultant, neither the Client nor a Consultant shall attempt to obtain a modification of the Statement and 2PS shall not incur any liability for this payment.        

  1. 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.

  1. 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.

  1. 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.  

  1. 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.

  1. 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.

  1. 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.

  1. 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.