Last updated on June 15, 2023
THE FOLLOWING IS EXPLAINED BEFOREHAND:
The company Skello SAS, with a capital of 16,153.45 euros, registered with the Paris Trade and Companies Register under number 820 275 956 000 28, whose head office is located at 69 rue Beaubourg, 75003 PARIS (hereinafter “Skello”) develops a standard software made available to the Customer and its Users as part of the Services, intended to facilitate the management of human resources, the preparation, organization and monitoring of intervention plans by the Customer's representatives or several teams of Users (hereinafter “The Solution”). Skello provides SaaS services to the Customer in order to plan and manage their human resources via its website. www.skello.io or via the mobile application (the “Services”) .Skello wishes to launch a sponsorship program for members of the staff of its Customers in France who are administrators (s)/“admins” and any person using the Skello application as a User as defined in the General Terms of Services (hereinafter the (s)). “Godfather (s)”) .If a Referral as defined in Article 4, on the recommendation of his Sponsor subscribed to Skello Services, Skello offers a Reward (hereinafter “Referral Program”) according to the contractual conditions detailed below (hereinafter the “Program Terms”).
1. General provisions
By participating in the Referral Program, you acknowledge that you have read and agree to all of the Program Terms. Each clause of the Program Terms is separate. If one or more of these clauses are or become void (in whole or in part) under the law in force or under a court decision that has become final, they would then be deemed to be unwritten without leading to the nullity of the other clauses of the Program Conditions.
2. Update of the terms and conditions of the Referral Program
The Referral Program and/or Program Terms may change at any time and without notice at Skello's discretion. When the Referral Program and/or the Program Terms are amended, Skello will post the change on the page of its website that hosts the Program Terms.This change will take effect upon its publication and will automatically be applicable to Sponsors whose participation is still active. If you continue to participate in the Referral Program as a result of changes, you will be deemed to have accepted the new terms and conditions.
3. The Godfather
3.1. Sponsor's Responsibility
It is the responsibility of the Sponsor to fill in all the information concerning the Referral on the page accessible via the following hypertext link. https://tally.so/r/wQxKk3. When the Sponsor provides the Referral's information on this page, Skello is not responsible for disclosing the Referral Information. The Referrer undertakes to transmit this information after obtaining the Referral's agreement.Skello may always contact the Referral directly, by means other than the Referral Program. The Sponsor will be responsible for using his Gift Voucher under the conditions provided for by the third party offering the Gift Voucher, in particular within the deadlines given to him. Skello disclaims all responsibility in this regard.
3.2. Referral Program Eligibility Requirements
For any sponsorship of a Referral, as described below, within the limits and conditions indicated in these Program Terms, the Sponsor will receive his Reward, provided that the Referral has taken out a Subscription Agreement for Skello Services and has not cancelled his Subscription Agreement at the end of the first month of commitment.Provided that the Subscription Agreement is still in force between Skello and the Referral, the Sponsor will receive his Reward at the end of the second month of engagement.
4. The Godchild
4.1. Eligibility
As part of the Referral Program, is a “Godchild” any legal entity meeting the following cumulative conditions: Have subscribed to a Subscription Agreement to Skello Services in France; Have never been in a relationship with Skello, i.e. cannot be in a contractual relationship with Skello or have had commercial relationships with Skello, or not have been in a prospecting appointment with Skello; Not being part of a network of dealerships and/or franchises (in particular via a framework agreement signed between the franchise network) sales, concessions and Skello); Never having signed a Subscription Agreement with Skello in France for one or more other establishments.
4.2. Use of the page dedicated to the Referral Program
The Referral can only be recommended by one Sponsor. If several Sponsors transmit the Referral's information several times, only the Sponsor associated with the first completed form will receive the Reward subject to meeting the Program Conditions.
5 — Reward
As part of the Referral Program, Skello may offer vouchers or gift vouchers as well as discounts on the price of its Services (hereinafter the”Reward”).
5.1. The Reward is a gift certificate
When the Reward is a gift voucher, each Sponsor can receive up to 4 (four) gift vouchers per year and up to a limit of 10% (ten percent) of the gross monthly SMIC per Sponsor per referral and per referral. Gift vouchers will be awarded within the month following the expiration of a period of 1 (one) month following the subscription of the Referral to the Services, provided that the Referral is still subscribed at the end of this period. They will then be sent to the email address indicated in the form that the Sponsor will have filled out initially. The fiscal and social treatment of gift vouchers will depend on the quality of the Sponsor. As such, gift vouchers will be exempt from social security contributions and contributions in accordance with and within the limits provided for by applicable legislation: excluding the hypothesis where the Sponsor is an employee of Skello. In this situation, gift vouchers will be subject to the regime applicable to benefits in kind; excluding the hypothesis where the sponsorship falls within the scope of the Sponsor's professional activity acting as a self-employed person. In this situation, the Sponsor acknowledges that it will be his responsibility to declare and pay the social contributions and contributions, as well as the taxes relating to the gift vouchers that he will have received.
5.2. The Reward is a discount on the amount of the subscription to Skello services.
i. Monthly subscription
As part of the Referral Program, the Sponsor accepts and acknowledges that in the event of multiple sponsorship and a reward in the form of a reduction in his monthly subscription to Skello Services, this will be granted via a reduction in the amount of the next invoice to be issued, after the period of 2 months of subscription of his Referral to the Services. This reduction cannot be combined on the same invoice, in the case of multiple sponsorship, the Sponsor will therefore receive a maximum reduction of €50 excluding tax (fifty euros excluding taxes) on each of the next monthly invoices to be issued. The cancellation by the Sponsor of his subscription to Skello services before having been able to benefit from the full reduction due, does not entitle him to have it paid by Skello: the reduction will lapse and can no longer be awarded by Skello in any form whatsoever.
ii. Yearly subscription
As part of the Referral Program, the Sponsor accepts and acknowledges that in the event of multiple sponsorship and a reward in the form of a reduction in his annual subscription to Skello Services, this will be granted in the form of a discount on the next invoice to be issued, after the period of 2 months of subscription of his sponsor to the Skello Services. This reduction can be accumulated on the same invoice, up to a limit of €600 excluding tax (six hundred euros excluding taxes) or the amount of the invoice if it is less than €600 excluding tax (six hundred euros excluding taxes) maximum on each of the next invoices to be issued. If the Sponsor terminates the Skello services before being able to benefit from the full reward due to him, he accepts that it will lapse and can no longer be awarded by Skello in any form whatsoever.
6. Email template (s) and email/communication
The email/communication model (s) that may be offered by Skello as part of the Referral Program cannot under any circumstances engage its responsibility. As such, the Sponsor is solely responsible for sending the email/communication and responding to its recipients. The Sponsor acknowledges that he is not authorized to send the email/communication template and/or massively share the Link (s) to persons known to him or unknown to him. As such, it is forbidden to use automated mailings by any system whatsoever.
7. Guarantees and responsibilities of Sponsors and Referrals
Any Sponsor guarantees that he is authorized by the Referral to participate in and benefit from the Referral Program and that none of his legal, contractual or professional obligations (in particular any internal “anti-corruption”, “gifts” or “invitation” policies) or others prohibit him from doing so. He undertakes to inform in advance any person or company (including his employer) who has to know of his participation in the Referral Program, to obtain - if applicable - their prior authorization and/or to make any prior declaration.Any Sponsor or the Referral also undertakes to notify Skello without delay in the event that he is aware of a legal, contractual, professional or other obligation prohibiting him from participating in and/or benefiting from the Referral Program. He acknowledges that in this case he will be excluded from the benefit of the Referral Program. The Sponsor and/or the Referral acknowledges that Skello can in no way be responsible in the event of violation of these obligations due to the participation or the benefit of the Referral Program.
8. Processing of personal data
As part of the Referral Program, Skello is required to process personal data. Skello is committed to complying with legislation relating to the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data. The latest version of Skello's privacy policy is available on its website at the following address: https://www.skello.io/privacy-policy.Pour the needs of the program, the Sponsor may also be required to process personal data concerning them, its employees, its collaborators and its Godfather (s), its employee (s), its employee (s) and its respective collaborators.The Sponsor will process this personal data in accordance with applicable data protection legislation and, where applicable, their policy of confidentiality.
9. Termination and suspension
Skello may suspend or terminate the Referral Program for any reason. Skello also reserves the right to suspend without notice the Referral or Sponsor's participation in the Referral Program and to cancel the Rewards offered, in particular in the event of abusive or fraudulent activity or violation of the Program Terms.
10. Duration
The Referral Program is valid for an indefinite period of time. Skello reserves the right to end the Referral Program at any time without notice.
11. Applicable law
The Program Terms are governed by French law. Any disputes that may arise between the Parties relating to the validity, interpretation or execution of the Program Conditions or anything that may be the result or consequence of them will fall under the exclusive jurisdiction of the competent courts under the jurisdiction of the Paris Court of Appeal.
