If you are a business and your country of residence or establishment is within France the Terms of Service for France apply to you: Contrat de mise à disposition de technologies.
If you are a professional ("talent") and your country of residence or establishment is within France the Terms of Service for France apply to you: Conditions générales de mise à disposition des technologies de « BRIGAD » (France).
If your country of residence or establishment is in the United Kingdom, the General conditions of use apply to you.
General conditions of use
1. Definitions
The following words and phrases have the following meaning in the GTCU when written with a capital letter:
- “Account”: refers to the dedicated and individualized digital space of a User on the Platform allowing access to the Platform Services.
- “Application”: refers to the mobile applications developed by Brigad and available on iOS and Android.
- “Brigad”: refers to the simplified joint stock company Brigad, registered in the Trade and Companies Register of Créteil under number 814 956 744 and whose registered office is located at 8 Place Salvador Allende, 94000 Créteil.
- “GTCU”: refers to these general terms and conditions of use.
- “Business”: means a company holding an Account and duly registered on the Platform in search of occasional services.
- “Late Withdrawal”: refers to the fact that a Talent withdraws from a Service via the functionality provided in this sense on the Platform, and this less than twenty hours (24) hours before the start of the Service concerned.
- “No Show”: refers to the fact that a Talent does not show up on the day and time scheduled to perform a Service, without having previously withdrawn from the provision of such Service via the available functionality on the Platform.
- “Platform”: refers to the connecting platform operated by Brigad and accessible from the Application or the Site, which makes it possible to benefit from the Platform Services.
- “Platform Services”: refers to all services rendered by Brigad to Users on the Platform, such as (for Businesses), the generation of Service Offers for Talents, access to invoices, monthly reporting and (for Talents) access to Service Offers, access to payment for Services using the tool provided to the Platform by Stripe, as well as (for Users) linking.
- “Pre-Qualified Substitute” means an individual who is appointed as a Substitute and who is (a) already registered as a User, (b) has a live Talent account, (c) has passed all necessary immigration, right to work and ‘Know Your Client’ checks, and any other checks that are required by Brigad from time to time, and (d) who has agreed to the GTCUs in force at the time the relevant Services Contract was agreed.
- “Service(s)”: refers to the provision of services of a one-off nature performed by a Talent for a Business.
- “Service Agreement”: refers to the service provision agreement that binds the Business and the Talent for the performance of a Service and which contains in particular the essential elements relating to it (type of Service, date, duration, price), generated, if applicable according to the country, by the Platform, based on the model appearing in Appendix 1 of these GTCU.
- “Service Offer”: means an offer to perform a Service generated by a Business and appearing on the Platform.
- “Site”: refers to the website www.brigad.co as well as all its subdomains.
- “Substitute” means an individual or individuals who may be engaged by a Talent directly to perform the Services under a Service Agreement and in respect of whom the Talent has complied with Article 10.4.
- “Talent”: means a service provider holding an Account whose a legal and tax status allows the regular provision of services in the country in which such service provider operates.
- “Unhonored Service”: refers to a Service that has been the subject of a Late Termination or No Show.
- “User”: refers to a Talent or Business that uses the Platform.
- “User Content”: means any data or information, other than protected intellectual property elements, communicated by a User by any means on the Site or Application.
Unless otherwise required by the context, the terms and definitions in the singular include the plural, and vice versa.
2. Purpose and scope of the GTCU
Brigad operates the Platform that allows Businesses and Talents to be connected so that they can perform Services for Businesses. Brigad allows the connection between a specific skill (as possessed by a Talent) and a short-term need (as possessed by a Business) through the Platform.
The purpose of the GTCU is to define the terms of access and use of the Platform, as well as to define the rights and obligations of Brigad, Businesses and Talents in connection with the use of the Platform.
The GTCU do not govern the contractual relationship between a Business and a Talent, which is governed by the Service Agreement concluded between the Business and the Talent to which Brigad is not a party and has no liability in respect of.
As an online platform operator within the meaning of French law, Brigad assumes no obligation or liability in connection with or under the contractual relations between a Business and a Talent and/or in connection with or under the performance, poor performance or non-performance of the Services that are provided for between a Business and a Talent and that are the subject of a Service Agreement. Brigad’s role is limited to the operation of the Platform and the provision of the Platform Services.
3. Registration, acceptance and modification of the GTCU
3.1. Acceptance of the GTCU
At the time of creation of an Account and prior to the registration request, any natural or legal person wishing to register on the Platform warrants that they have read and understood these GTCU and all elements contained in and linked from such terms when confirming its consent to the GTCU by checking the corresponding box appearing on the Platform at the time of the registration request and creation of an Account and, subsequently in the event of changes to the GTCU, under the conditions provided for in Article 3.4.
The GTCU applicable to the User are those in force on the day of acceptance of the Platform Services by the Talent, it being specified that certain provisions of the GTCU (in particular provisions on the Service Fees) may, in the event of modification of the GTCU, have one or more specific date(s) and different date(s) of application or entry into force for the provision(s) concerned(s).
3.2. Registration conditions for Businesses
Any legal person seeking a one-time need for Services may apply for registration via the Site or Application, provided that they provide the required information (e.g. company name, registered office, contact details).
The registration request results in the creation of an Account. However, the Business may only fully use the Platform following the validation of the registration request by Brigad. In particular, Business is invited to provide a valid payment method (bank details) otherwise it will not be able to use the Platform.
Once the Account is definitively validated, the Business receives a confirmation email and can benefit from the Services. Business may also provide certain optional information such as a description of Business or its logo.
The Business guarantees Brigad that the natural person in charge of creating the Account has the power and capacity to create the Account in accordance with the laws of the country where it operates, as well as to benefit from the Services and that the information provided is accurate.
Brigad reserves the right to refuse any application for registration.
3.3. Registration conditions for Talents
Anyone can apply for registration via the Site or Application, provided they provide the required information (e.g. last name, first name, email, phone number and necessary documentation regarding right to work self-employed in the UK including ID etc.) and answer a series of questions related to their professional experiences.
The registration request results in the creation of an Account. However, Talent may only fully use the Platform and perform Services following the validation, by Brigad, of the registration request.
Talent understands and agrees that they may be contacted by telephone or invited to meet members of Brigad, in particular to present the functioning of the Platform, to verify the veracity of the information provided by the Talent and/or to request additional information.
The performance of Services is subject to the Talent holding of a legal and tax status allowing the regular provision of services in the country in which it operates.
Talent warrants that it creates the Account on its own behalf, that it has the power and ability to create the Account and use the Platform and that the information provided is accurate.
Brigad reserves the right to refuse any application for registration.
3.4. Evolution of Platform Services and modification of the GTCU
To improve their functioning and quality and due to the constant scalability of the digital sector, Brigad regularly evolves the features and functionalities of the Platform and Platform Services. Thus, Brigad is particularly likely to add, delete or replace certain features at any time and the Platform is updated regularly automatically. Similarly, Brigad may to change the GTCU at any time.
Users will be informed by email of the changes made to the GTCU by Brigad, within seven (7) days before the entry into force of the new version of the GTCU and must in any event materialize their acceptance of this new version by ticking the corresponding box appearing on the Platform at the time of their first connection to the Platform after the entry into force of the new version of the GTCU. Failing this, Users will not be able to access the Platform and the Platform Services, in particular (for Talents) to consult and/or accept Service Offers and (for Businesses) to publish a Service Offer. On the other hand, Users will be required to perform and complete the Services in progress and/or to honour those provided for, under any Service Agreement concluded before the modification of the GTCU. The applicable GTCUs are those in force on the day of acceptance of the Service Offer by the Talent, it being specified that certain provisions of the GTCUs (in particular provisions on the Service Fees) may, in the event of modification of the GTCUs, have one or more specific date(s) and different date(s) of application or entry into force for the provision(s) concerned(s).
4. Access, use and security of the account
Once a User’s Account is definitively validated, the User receives a confirmation email and can use the Platform.
Access to and use of the Platform and Platform Services is exclusively reserved for validated Users. Each User understands and accepts that he/she is responsible for accessing and using his/her Account and must make personal use of it.
Unless technical failure is attributable to Brigad, each User is responsible for the confidentiality and security of its connection data and payment data.
It is strongly recommended that the User change his/her password at regular intervals, through his/her Account, and use a secure password, avoiding easily identifiable combinations. Brigad may impose an expiration date of the User’s password beyond which he/she will be asked to change his/her password.
If he/she has reason to believe that his/her login data (in particular, his/her username or password) or his/her payment data have been lost, stolen, misappropriated or compromised in any way, or in the event of unauthorized use of his/her Account, the User must immediately notify Brigad by email to hello@brigad.co. In the absence of such notification, any use of the Account or Platform is deemed to have been made by the User.
In such a situation and/or in the presence of a potential or proven threat to the security or confidentiality of the Account and the associated data, in particular payment, the User authorizes Brigad to take all appropriate measures to prevent any unauthorized access to the Account (for example, reset the password and identifier, block ongoing and/or subsequent payment transactions or suspend access to the Account).
5. Platform operation
5.1. Service offer
When a Business meets a one-time need for a specific service, the Business generates a Service Offer containing the essential characteristics of the required Service.
In order to allow the best possible connection between the Business's need and the Talent's competence, the Business is invited to provide as accurately as possible the description of the Service and the qualities expected of the Talent.
5.2. Connecting
The Platform is designed by Brigad to send Service Offers to the Talents the Platform deems most likely to meet the requirements of the Service Offers. The Business may also configure certain functionalities so that the Service Offer is addressed as a priority to the Talents it has chosen to identify. Talents can choose to indicate their unavailability and availability in respect of potential Services to be rendered via the Platform. By doing so, Talents do not receive Service Offers corresponding to times when it has indicated that it is unavailable. Businesses have the opportunity to view the unavailability and availability of Talents they have chosen to identify. For the avoidance of doubt, the decision as to when time is allocated as available or unavailable is at the sole discretion of the Talent, and may be changed by them at any time.
A Service Offer is considered unprovided if no Talent responds within a time limit freely determined by Brigad. When the Service Offer is considered as such, the Talent can no longer accept it and it is no longer visible.
5.3. Acceptance of the Service
Talents receive Service Offers through a push notification via the Application and may accept the Service Offer using the corresponding functionality.
The first Talent responding positively to the push notification is allocated performance of the Service with the Business. The information that he/she has entered in his/her Account will then be sent to the Business, which is informed of the Talent’s acceptance.
Once the Talent has accepted the Service, the Service Agreement is formed between the Talent and the Business and it is generated on the basis of the Service Provision Contract template provided in Appendix 1 of these GTCU. The Talent performs the Service and the Business remunerates the Talent in return for the Service.
The Talent is never required to respond to nor accept any Service Offer and will not face any adverse consequences on the Platform in relation to their rate of acceptance of such Service Offers.
5.4. End of Service
At the end of the Service, each User agrees to be rated by the other User concerned.
6. Cancellation rules
6.1. Cancellation of a Service by a Business
Any Business may cancel a Service provided with Talent through the Platform.
The rules applicable in the event of cancellation of a Service by the Business are the following
If the Talent has accepted a Service offered by the Business for more than forty-eight (48) hours and the Business cancels this Service less than two (2) days before its commencement, Brigad (in the name and on behalf of the Talent) will charge the Business a fee:
- for a cancellation that takes place the day before the day of the Service, Brigad will invoice the Business twenty-five (25)% of the amount due to the Talent for the first day of the Service;
- for a cancellation that takes place on the day of the Service, Brigad will invoice the Business fifty (50)% of the amount due to the Talent on the first day of the Service and twenty-five (25)% of the amount due to the Talent on the second day of the Service (in the event that the Talent provides the Service for several days).
To these cancellation fees due to Talent, the service fees invoiced by Brigad to the Business are added.
The cancellation rules may be modified at any time by Brigad, via a modification of the GTCU under the conditions described in Article 3.4. The applicable cancellation rules are those described in the GTCU in force on the day of publication of the Service Offer by the Business.
6.2. Discontinuance or Service not honoured by a Talent
Any Talent may withdraw from a Service provided with a Business through the Platform. If the withdrawal occurs more than twenty-four (24) hours before the start of the Service, this withdrawal is without consequences for the Talent.
On the other hand, the following rules apply in the event of an UnHonored Service (i.e. Late Withdrawal or No-Show), without prejudice to the provisions of Articles 11.4 and 11.5:
- The Talent Account is temporarily suspended for a period of seven (7) calendar days from receipt of the email from Brigad notifying him/her of the temporary suspension.
The Talent then has a period of seven (7) calendar days for explain his/her Late Withdrawal or No Show, as the case may be. Based on the explanations provided, Brigad can restore the Talent Account immediately. Otherwise, the Talent Account will be reinstated at the end of the aforementioned seven (7) calendar days.
- Notwithstanding the foregoing, and regardless of the explanations given by the Talent and/or their possible consideration by Brigad during the first or a previous case of Non-Honored Service, the Talent expressly acknowledges and accepts that in the event that it performs two (2) UnHonoured Services during the same rolling period of thirty (30) calendar days, the Talent Account will be permanently suspended as of receipt of the email from Brigad notifying him/her of the definitive suspension of his/her Account.
7. Rates and payments
7.1. Service rates
At the time it generates a Service Offer, the Business is suggested a rate by the Brigad Platform, the amount of which is defined based in particular on the following criteria:
- location of the Service;
- nature of the Service described by the Business;
- application of an increase, in particular in the event of high demand on the Platform.
Until the Business validates the Service Offer (which triggers its online release), the Business remains free to vary the rate it wishes to offer in the Service Offer by means of a functionality provided for this purpose, without however being able to fall below a minimum rate defined by the Platform.
The price of the Service is accessible and visible to Talent on the Brigad Platform before Talent accepts the Service Offer.
7.2. Management of financial flows and remuneration of Brigad
For the management of payments between Users on the Platform, Users have use of the services of Stripe, a payment service provider authorised to handle funds on behalf of third parties. As a reminder, the general terms and conditions of use of Stripe, that the User has previously accepted at the time of creation of his/her Account, are accessible at the address https://stripe.com/fr/ssa. These govern the rights and obligations of Users with regard to payments taking place on the Platform.
In return for the various Platform Services provided by Brigad to Users, a service fee is charged by Brigad to the Business and Talent. The amount of service fees, which corresponds to a percentage of the amount of the Service, is communicated on the Platform. To learn more about applicable service fees and how they are calculated, see our dedicated pages Business Service Fees and Talent Service Fees, which are an integral part of these GTCU.
In addition, the specific amounts of the service costs applicable to each Service and due by the Business and the Talent, respectively, are accessible and visible by the Business and the Talent, each as far as it is concerned, on the Brigad Platform before the Service Offer is (with regard to the Business) validated by the Business before it is posted online and (with regard to the Talent) accepted by the Talent.
The applicable service fees and their calculation method may be modified at any time by Brigad, via a modification of the aforementioned pages forming an integral part of the GTCU and an acceptance of the GTCU thus modified, under the conditions described in Article 3.4. The applicable service fees and their calculation method are those described in the GTCU (via the links above) in force on the day of acceptance of the Service Offer by the Talent (or any other effective or effective date of the Service Fees that would be mentioned in the pages dedicated to this purpose).
7.3. Default payment terms
The Business is debited via Stripe at the time Brigad issues (i) the invoice for the price of the Service due to the Talent, in the name and on behalf of the Talent, and (ii) the invoice for the service costs that are due to Brigad, within seventy-two (72) hours from the end of the Service when neither party disputes the duration thereof, and eight (8) calendar days after when a dispute over the duration of the Service requires the agreement of the parties.
The Talent receives the funds due to it for the performance of the Service through Stripe at the Talent’s option either at the time of the invoice date or on a weekly basis for Services invoiced for the preceding week (actual receipt of funds being subject always to payment processing deadlines) , on the bank account that it has entered in its Account, after deduction of the service costs that are due by the Talent to Brigad and which are invoiced to it by Brigad within the same time frame as those mentioned in the previous paragraph.
7.4. Exceptional payment terms
At the request of the Business, and subject to prior written acceptance by Brigad, other methods of settlement may be implemented:
- Payment by credit of the Business's Stripe account at the beginning of the month
- Payment by deferred bank transfer (end of month plus ten (10) days or end of month plus thirty (30) days). In this case, costs related to the financing of the induced cash requirement may be invoiced by Brigad to the Business.
7.5. Use of an invoice financing service
In order to allow Talents to quickly receive the funds due to them by Businesses that benefit from the possibility of paying by deferred bank transfer, Talents hereby agree to use the services of Aria with which Brigad has entered into a partnership.
In this context, when Brigad invoices, in the name and on behalf of a Talent, a Business benefiting from a deferred bank transfer payment, and subject to the Business's eligibility for Aria's services (solvency criteria), the Talent hereby agrees to assign its debt to Aria, which pays it the corresponding amount without delay. The fees that would be associated with the provision of Aria’s services are included in the service fees charged by Brigad to Talent.
Information is transmitted through APIs between Aria and Brigad, and remittances are made through the authorized payment service provider Stripe.
The Aria Partner Terms and Conditions of Use are available at [this address], and Brigad Users accept them without reservation.
7.6. Dispute and adjustment of payments
Users may, within seventy-two (72) hours from the end of the Service, contest (or simply adjust) the amount due under the Service, for example to adjust the actual duration of the Service.
In the event of a conflict between the Business and Talent, Brigad undertakes to facilitate discussions between Users so that they try to reach an amicable solution, and may have to suspend payments pending the resolution of the dispute.
Users mutually undertake to make fair use of the Platform and in particular the functionalities to adjust the conditions of performance of the Service. In the event of a dispute which is manifestly abusive or fraudulent (as assessed on a case-by-case basis), the amount normally and precisely due to the Talent will be adjusted and Stripe will pay the Talent the corresponding amount. The same amount will be deducted from the Business.
The Talent and/or the Business may receive additional or amending invoices corresponding to any adjustment made. If there is overpayment for any adjusted Service after payment has been made, the overpayment may be deducted from the amount due for any future Service.
7.7. Billing mandate
The Talent expressly mandates Brigad, who accepts it, to draw up in its name and on its behalf the invoices relating to the Services and to collect their payment from the Businesses, via Stripe, under the conditions provided for herein (and in the event of non-payment, to make telephone, e-mail and postal reminders within a reasonable limit and, where applicable, to use a collection company in the name and on behalf of the Talent). The Talent acknowledges that this mandate is subject to Article 7.6 and payments to Talent from Businesses may be reduced in the event of disputes.
It is specified that the Talent retains full responsibility for its legal and tax obligations with regard to invoicing in respect of the original invoices issued in its name and on its behalf by Brigad, in particular with regard to its VAT obligations and in accordance with the laws of the country in which it operates.
The invoicing mandate is effective throughout the duration of these GTCU while the Talent is a user of the Platform.
For the purposes of the mandate, the Talent undertakes to transmit, at Brigad’s first request, all the information necessary to issue invoices in its name and on its behalf, according to its situation and in accordance with the laws of the country in which it operates.
The Talent undertakes to (i) pay the administration concerned (in France, the Public Treasury) the value added tax and, in general, all taxes and duties, for which it is liable, if applicable, in respect of or in the context of the performance of Services, (ii) download and keep a copy of the invoices issued in its name and on its behalf by Brigad, which are available on the Talent Account and (iii) report to Brigad any change in its situation that would have an impact on this billing mandate.
7.8. Vigilance certificates
This Article 7.8 applies only to Users based in France.
User Businesses (or Business groups when they share the same SIREN code), in their capacity as principals / contracting authorities, mandate Brigad for the purpose of requesting, in their name and on their behalf, to Talents a document attesting to the identification of the company and the fact that Talent is up to date with its social obligations (“URSSAF vigilance certificate”) when a Talent exceeds €5,000 excluding invoicing taxes via Brigad with this Business (or this Group of Businesses) then every six months.
Talent having made more than €5,000 excluding taxes for Services for a Business (or group of Businesses) undertakes to provide Brigad with a valid certificate of vigilance within thirty (30) calendar days from the day of its request by Brigad. Failing to send within the allotted time, Talent will no longer be able to accept Service Offers via the Platform until receipt by Brigad of the current vigilance certificate. Once received, the vigilance certificates sent by the Talent are made available to the Business on its Account.
As part of this mandate given by the Businesses under their obligation of vigilance, Brigad may also, in the name and on behalf of the User Businesses, request the submission of an updated registration certificate to the RCS (K-bis extract) (if applicable).
It should be noted that the fact that Brigad provides this vigilance certificate request service in the name and on behalf of the Businesses does not in any way result in the transfer of the Busines's legal obligation to collect and control vigilance certificates. In particular, Brigad cannot be aware of services concluded outside the Platform.
Once received, Brigad shall make these vigilance certificates available to the Businesses concerned.
8. Commitments of Brigad
8.1. Availability of the Platform and Platform Services
Brigad undertakes to make the Platform and Platform Services available to Users and to make its best efforts to ensure accessibility and proper functioning.
In this respect, Brigad undertakes to ensure that the Platform is accessible 24/7, except in cases of force majeure or unforeseeable and insurmountable behaviour of a third party, and subject to any breakdowns and maintenance and update interventions necessary for the proper functioning of the Platform. Due to the specificities of the Internet and telecommunications networks, Brigad cannot guarantee the permanent availability of the Platform.
In the event of a malfunction or an anomaly disrupting the proper functioning of the Platform, Brigad undertakes to make its best efforts to restore the situation.
8.2. Connecting
In accordance with its status as an online platform operator within the meaning of French law, Brigad undertakes to facilitate the transmission of a Business’s Service Offer to Talents most likely to meet the need encountered by the Business. Thanks to the technological solution developed by Brigad, Using the technological solution developed by Brigad, the platform allows a Service Offer to be transmitted to the best available Talents, and thus allow the connection.
However, not being a party to the Service Agreement and each User being free to use the Platform as much as he/she wishes, Brigad cannot guarantee that Talents will at any point be available and willing to accept a Service Offer. Similarly, Brigad cannot guarantee that a Service Offer corresponding to the skills of the Talent will always be offered to him/her.
9. Responsibility of Brigad
Users acknowledge and agree that Brigad’s liability is limited to its role as an online platform operator within the meaning of French law.
Without prejudice to Article 14 of the GTCU, Brigad cannot be held liable in any case for causes outside it, and in particular in the following cases:
- any direct or indirect damage suffered by a User or a third party during the performance of the Service or in connection with it, since in its capacity as platform operator, Brigad is not a party to the Service Provision Agreement concluded between the Business and the Talent and is not in particular responsible for its performance;
- when a User does not honour a Service Offer, either that a Talent does not perform a Service that it has accepted, or that a Business cancels the Service, without prejudice to Article 6 of the GTCU;
- when a User enters inaccurate information in his/her Account and on the Platform (for example, in the event that the Service does not correspond to the Service Offer or in the event that the Talent does not have the skills he/she has entered);
- when a User violates a stipulation of the GTCU;
- when a User does not comply with the Service Agreement;
- in case of force majeure.
In addition, Brigad may not under any circumstances be held liable for the consequences of fraudulent use of a User’s identifiers, unless technical failure is attributable to Brigad, as well as for any prejudice related to the information of erroneous personal information in an Account.
In any event, Brigad's liability is limited to the compensation of direct damages, certain and material suffered by Users during the use of the Platform and the Platform Services, and which would result from a fault attributable exclusively to Brigad in the context of the obligations incumbent upon it hereunder. In the context of the foregoing, and without prejudice to the terms of Article 14 of the GTCU, the ceiling of Brigad's liability is set as follows, which the Talents and the Businesses expressly acknowledge and accept: (i) with regard to the damages suffered by a Talent, the amount of service costs paid by said Talent to Brigad, and (ii) with regard to the damages suffered by a Business, the amount of service costs paid by said Business to Brigad.
Finally, Brigad makes available on the Site a Frequently Asked Questions (FAQ) for Users. The User understands and agrees that Brigad does not guarantee that the information contained therein is up to date with current legislation and/or professional practices. The Site and/or Application may contain links to third-party websites. Linked sites are not under the control of Brigad, which is not responsible for the contents of these linked sites. The FAQ is made available for information purposes only and cannot replace the consultation of official sources (texts of laws, official information of administrations). The User expressly acknowledges that Brigad cannot be held liable for the information disseminated in the FAQ.
10. User Commitments
10.1. Commitments common to Users
Users expressly undertake to:
- comply with the laws and regulations in force in the country in which they operate and not to violate public order, morals or the rights of third parties, and not to violate any legislative or regulatory provisions;
- implement all measures likely to ensure the security and confidentiality of connection data and payment data;
- be of age and have the ability to contract with Brigad, in accordance with the laws of the country in which they operate;
- provide Brigad with all information necessary for the proper performance of the Services;
- provide information, sincere, accurate and error-free when creating the Account, keep this information up to date throughout the use of the Platform and publish content meeting the same requirements;
- use the Platform in accordance with its purpose and purpose, and make fair use of it;
- have a correct, polite and professional attitude in the context of the use of the Platform, but also during the Service, whether it is Talent or Business;
- not create false accounts or under a false identity, make personal use of the Account and not transfer or assign it to a third party; and
- grant to Brigad a non-exclusive, royalty free, worldwide licence to store and use any intellectual property (including logos or images) he/she uploads to his/her Account solely in respect of the Platform (including the Application) for as long as the User has such intellectual property uploaded as part of his/her Account and hereby warrants that he/she is authorized to upload such intellectual property and such use by Brigad shall not infringe any rights of any third party.
Users understand and agree that the following is strictly prohibited:
- any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Platform;
- the publication of illegal content (for example, pornographic content or content violating an intellectual property right);
- any intrusion or attempted intrusion into Brigad’s computer systems;
- any action likely to impose a disproportionate burden on Brigad’s digital infrastructure;
- any breach of security and authentication measures;
- any act likely to infringe on Brigad’s financial, commercial or moral rights and interests or its image and reputation;
- any copy and/or misuse of the Site, Application and/or Brigad’s digital infrastructure; and
- more generally any practice diverting the Platform for purposes other than those for which it was designed.
The User is responsible for his/her use of the Platform and the Platform Services, so that it is liable for any damage that it may cause to Brigad, to another User and/or to a third party due in particular to his/her behaviour and/or inaccurate information, incomplete and/or misleading that it would provide when registering, in the context of the use of the Platform and the Platform Services or in the absence of updating this information, which he/she alone assumes the consequences.
10.2. Talent-specific commitments
Talent undertakes and guarantees:
- that they are engaged by Businesses solely as a self-employed contractor, and that any services provided pursuant to these terms shall constitute a contract for the provision of services and not a contract of employment;
- that nothing contained in these terms shall be construed or have effect as constituting any relationship of employer and employee or employer and worker between any party to these terms;
- that the Talent shall be fully and exclusively responsible for the payment of any tax and any other form of levy or social security cost in respect of his/her or her payment or benefits;
- that the intention is for the Talent to provide services to the Business. However, the Talent may at any time provide these services through a Substitute;
- to indemnify and keep indemnified Brigad against any liability, loss, damage, cost, claim or expense arising as a result of or in connection with (a) any claims against Brigad for any amounts referred to in this clause 10.2, and (b) the Talent being found to be a worker or an employee (for any purpose) of the Brigad and/or a Business or otherwise in connection with any employment related claims and/or claims based on worker status in each case brought or on behalf of the Talent and arising out of or in connection with the provision of services under these terms;
- have the skills that he/she has entered in his/her Account and necessary for the performance of a Service that he/she has previously accepted;
- respond to the Service Offerings, whether its response is positive or negative, the Talent being always free to accept or refuse a Service Offering;
- not respond to and/or accept Service Offers for a Business (or group of Businesses) with which he/she is an employee under a separate contract of employment entered into outside of the Platform during the period in which the Service must take place; and
- honour the Service Offers that it has previously accepted via the Platform and not be at the origin of Unhonored Services.
10.3. Business-specific commitments
The Business undertakes and guarantees:
- not cancel a Service previously accepted by a Talent, in which case Article 6.1 of the GTCU applies;
- publish Service Offers that correspond to one-off needs and not positions to be filled in a long-term, regular and/or recurring manner;
- keep confidential the information transmitted to it on the Talent, once it has accepted a Service Offer;
- inform, in advance, preferably at the time of generation of the Service Offer and no later than within a reasonable period before the start of the Service, of the specific conditions of the Service (for example, a particular outfit or specific tools to be provided); and
- provide a valid means of payment for the entire period in which Business uses the Platform.
10.4. Substitute specific commitments
The Business and Talent confirm, that in respect of any Service Agreement that the intention is for the relevant Talent who has accepted the corresponding Services Offer to provide the Services. However, the Talent may at any time engage a Substitute provided that:
the Substitute is either:
- a Pre-Qualified Substitute; or
- suitably qualified and has the necessary experience to perform any Services which they intend to complete and, prior to the commencement of any Service Agreement, has satisfied all necessary immigration requirements and ‘Know Your Client’ checks performed by Brigad from time to time, as well as any other requirements or checks that may apply to the Talent from time to time;
the Service Provider notifies both the Business and Brigad of the identity and qualifications of any Substitute which the Talent uses to provide the Services, as follows:
- For a Pre-Qualified Substitute: the Talent must provide the notification under this clause at any time prior the performance of each Service Agreement by the Substitute;
- For a Substitute who is not a Pre-Qualified Substitute: the Service Provider must provide the notification under this Article 10.4 at least 48 hours prior to the performance of the Service Agreement by the Substitute;
the appointment of any Substitute is given prior authorisation in each case by the Business. The Business may at its absolute discretion determine whether to accept such Substitute to provide the Services; and
the Talent procures that the Substitute will adhere to and be bound by all obligations and requirements that apply to the Talent under the relevant Service Agreement.
11. Duration, suspension
11.1. Duration
The GTCU, if applicable as amended under the conditions provided for in Article 3.4, apply throughout the duration of the relationship between Brigad and a User, i.e. from their acceptance by the User concerned at the time of the creation of his/her Account (and at the time of his/her first connection following the modification of the GTCU) and throughout the period when the User uses the Platform, without prejudice to the cases of suspension provided for in these GTCU.
11.2. Suspension of access to the Platform
When a User has breached any of its commitments under the GTCU, Brigad may temporarily and without notice suspend certain features of the User Account concerned and/or certain Platform Services to which it has access, and in particular the ability, for Talent, to receive Service Offers and, for Business, to create them.
After a period during which the Talent whose account has been suspended may provide explanations, access to all the functionalities of the Platform and/or all the Platform Services may be restored, or the Account of the User concerned may be permanently suspended in accordance with the stipulations below.
11.3. Permanent suspension of the User Account for convenience subject to compliance with a notice period
Brigad and each User is free to permanently suspend, at any time and for convenience, the Account of the User concerned (his Account, in the case of the User), by sending an email or letter to the other party, with acknowledgement of receipt (if by letter and confirmation of sending if by email), subject to notice that varies according to the duration of existence of the User Account concerned from its creation date:
- during the first 6 months of existence of the Account, 15 days;
- between 6 months and 1 year of existence of the Account, 1 month;
- between the first year and the second year of existence of the Account, 2 months;
- between the second and third year of existence of the Account, 3 months;
- and so on.
11.4. Permanent suspension of the User Account without notice and without formal notice
In the event of a serious breach of one of the stipulations of the GTCU, Brigad and each User may permanently suspend, without prior notice and without prior formal notice, the Account of the User concerned (his Account, in the case of the User) by sending an email or letter to the other party, with acknowledgement of receipt (in the case of a letter, and proof of sending in the case of an email). For example, it is considered a serious breach leading to the definitive suspension of the Account of the User concerned automatically, without this list being exhaustive:
- For Talent: failure to comply with the tax and social obligations incumbent on it in the country in which it operates or failure to provide the elements mentioned in Article 7.9 above, failure to honour the Services under the conditions of Article 6.2 of the GTCU, violent, inappropriate or inappropriate behaviour on the Platform or with regard to a Business.
- For the Business: non-payment of a Service due to a Talent or means of payment that do not work on a recurring basis (for example resulting in repeated payment delays), violent, inappropriate or inappropriate behaviour on the Platform or with regard to a Talent.
- For Brigad: repeated technical malfunctions preventing the proper use of the Platform by Users.
11.5. Suspension of the User Account
Each User undertakes to fully perform the commitments that he/she has subscribed to before the suspension of his/her Account (for example, for Talent, to complete the Services in progress and to honour the Services provided under a Service Offer accepted before the suspension of his/her Account (or withdraw at the latest 24 hours before the start of the Service), and for Business, to allow Stripe to deduct the price of the Services in progress or planned).
The suspension (temporary or definitive) of an Account may not give rise to any compensation between Brigad and the Users.
In any event, the suspension of an Account (including definitive) does not necessarily result in the deletion of the Account concerned, which can be maintained with limited access to certain Platform Services and/or functionalities (for example, in order to allow the User concerned to have access to the information necessary to comply with his/her tax and social obligations). The suspension of an Account also does not result in the cancellation of the Service Agreements concluded between a Talent and an Business before the suspension of the Account concerned.(including final)
The provisions of these GTCU shall in any event survive the suspension of an Account, (i) until the completion of the Services in progress and/or provided for under a Service Offer accepted before the suspension and (ii) for the purpose of asserting and/or executing all the rights and obligations of Brigad and the Users concerned, provided for herein, in connection with said Services (in particular invoicing, payment and any recourse/liabilities under the conditions provided for in these GTCU).
12. Autonomy and independence
The Users and Brigad each carry out their activities in total autonomy and independence, each bearing the risks related to its activity.
As an independent self-employed service, Talent with an Account is free to use the Platform as much as he/she wishes in compliance with these GTCU. Brigad has no leadership powers with respect to Talent. Similarly, when receiving a Service Offer, Talent is free to accept or refuse it in compliance with these GTCU. As for the Business, it is not subject to any minimum obligation to use the Platform.
Users are not subject to any obligation of exclusivity vis-à-vis Brigad. Talent is free to use other platforms, to find services that meet their skills by any other means or to provide their services to their personal clientele or through other intermediation platforms. As for the Business, it is free to use any other means to find service providers that meet its specific needs.
13. Compliance with tax and social obligations
13.1. By Talent
The Talent is aware that the performance of the Services for the Businesses with which it is connected via the use of the Platform, generates legal, fiscal, social and administrative obligations, which it must perform under the rules applicable in the country in which it operates.
The Talent is solely responsible for all the declarations and formalities necessary for its activity and must meet all the obligations incumbent on it, if applicable, in application of the legislation on which it depends, and in particular the payment of any and all tax and social contributions and contributions and the payment of VAT, if applicable.
13.2. By the Business
The Business is informed that the use of the Platform and the Platform Services generates legal, fiscal, social and administrative obligations that it must fulfil under the rules applicable in the country in which it operates.
In particular, the Business operating in France is informed that, as a contractor using service providers, it is subject to the obligation referred to in Article L.8222-1 of the Labour Code.
14. Insurance
14.1 Civil liability
Depending on the country in which it operates, Brigad may have taken out with a well-known insurance company (in France, AXA France IARD Mutuelle) specific coverage intended to cover the liability of eligible Talents for bodily injury, material and immaterial damage caused to third parties (including the Business) during the performance of a Service subject at all times to the terms of such insurance scheme. Ineligible Talents are required to take out appropriate individual insurance themselves.
For more information, Talent should consult the Insurance Page.
In order to know precisely the extent of the guarantees and the limits of compensation, Users are invited to contact Brigad by writing by email to the address hello@brigad.co.
14.2 Security income: Disability-Invalidity-Death
Brigad has subscribed with the international insurance company AIG EUROPE SA a protection program for the benefit of Talent from certain countries who may benefit, under certain conditions and subject to the terms of the insurance scheme, from:
- daily allowances in the event of a total temporary incapacity for work (ITT) following a guaranteed accident or illness, occurring at any time between the date on which the Talent was confirmed his/her eligibility for the protection program and the date of definitive suspension of his/her Account in accordance with Article 11 of the GTCU; and
- a capital in the event of death or absolute and definitive disability due to an accident that occurs during the performance of a Service concluded via Brigad
The eligibility conditions require a certain history and volume of Services provided by the Talent in the context of the use of Brigad Services, non-eligible Talents are required to take out appropriate individual insurance themselves. For more information, Talents are invited to consult the Insurance Page.
The Talents concerned will be informed individually by Brigad of their membership in the AIG Europe SA group insurance contract (by email).
15. Intellectual property
15.1. Intellectual property of Brigad
The Platform, the Application, the Site and each of the elements that compose them, in particular, but not limited to, the “Brigad” trademark filed with the INPI, the software, structures, infrastructures, databases and content of any kind (texts, images, visuals, logos, trademarks, etc.) operated by Brigad are protected by all intellectual property rights in force.
Users acknowledge and agree that the Platform, Application and Site, and each of the components thereof, including all associated intellectual property rights, are the exclusive property of Brigad.
Any reproduction or representation, in whole or in part, of the Platform, Application, Site, or each of the elements that compose them, without the prior written authorization of Brigad, is prohibited. The GTCU does not transfer intellectual property rights to the User or a third party.
Thus, the User is prohibited, unless authorized in writing and beforehand by Brigad, from using, reproducing, adapting, modifying, creating derivative works, distributing, granting a license on, selling, transferring, publicly presenting, transmitting, distributing or otherwise exploiting all or part of the Platform, Application, Site and/or the elements that compose them.
15.2. User Content
Users give Brigad the right to reuse User Content, in particular to:
- publish them on the Site and/or the Application;
- modify or adapt them;
- incorporate them into advertisements, communication media and broadcast them on social networks or internally; and
- create derivative content, distribute it and allow third parties to reuse it.
This right is granted as long as the GTCU are in force and for the whole world.
Brigad’s rights in respect of content uploaded by Users which is not User Content and contains protected intellectual property of any nature is addressed in Article 10.1
16. Personal data
Brigad undertakes to comply with the regulations in force on the processing of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Law No. 78-17 of 6 January 1978 on data processing, files and freedoms in its current version.
The principles relating to the processing of personal data on the Platform are described in the privacy policy available at the following address: Confidentiality Charter
17. Miscellaneous
17.1. Assignment of the GTCU
Users authorize Brigad to assign all of its rights and obligations in respect of its contractual relations with Users to any third party and without their prior consent.
In particular, in the event of a merger by constitution of a new company, contribution, merger-absorption, split or any change of control affecting Brigad, the contractual relations will continue without it being necessary for Brigad to inform or obtain the consent of the Users.
17.2. Non-waiver
The fact that Users or Brigad do not require the application of a stipulation of the GTCU, whether permanently or temporarily, is not considered a waiver of the rights arising from this stipulation.
17.3. Completeness
The stipulations of the GTCU and the elements expressly incorporated by reference express the entire agreement between the Users and Brigad. They prevail over any proposal, exchange of letters prior to and after the conclusion hereof and over any other stipulation exchanged between the parties in relation to the object, except in the case of a written amendment duly signed by Brigad and the User concerned.
In particular, the question fair available on the Site is not part of the GTCU and its content does not engage Brigad.
17.4. Nullity
In the event that one of the clauses of the GTCU is declared null or void by a change of legislation, regulation or a court decision, this cannot under any circumstances affect the validity of the other clauses and compliance with the GTCU, unless the clause declared null or void is essential, modifies the interdependence of certain stipulations or modifies the general economy of the GTCU.
If applicable, the disputed clause will be deleted and replaced by a lawful clause.
18. Applicable law and competent jurisdiction
18.1. Applicable law
The GTCU are governed and interpreted in accordance with French law.
18.2. Competent jurisdiction
Any dispute relating to the formation, validity, interpretation or execution of the GTCU, the creation, use, or suspension of an Account, and more generally on any subject related to the use of the Platform and the Platform Services, will be subject to the exclusive jurisdiction of the Commercial Court of Paris.
Appendix 1 - Model Service Provision Agreement between the Business and the Talent
SERVICE PROVISION CONTRACT
THIS AGREEMENT DATED {date} IS ENTERED INTO BETWEEN:
{Talent name},
residing at {Talent address}
and practicing the profession of {Talent profession}
Being registered under number: {Talent Registration Number}
Hereinafter referred to as “the Service Provider”
ON ONE PART,
AND:
{Name of establishment},
Whose registered office is {establishment address},
Represented by {Agent full name},
duly empowered
Hereinafter referred to as “the Client”
ON THE OTHER PART,
The Service Provider and the Client being collectively referred to as the “Parties” and individually as a “Party”
PREAMBLE
The Service Provider is an independent contractor offering their services on a self-employed basis to a number of clients on an ad-hoc basis. The Client is a company seeking ad-hoc support by procuring such temporary freelance work.
Both Parties have registered on the digital platform available at the following web address: www.brigad.co ("Brigad"). Parties can make use of the Brigad platform to connect with other users, who may either offer or procure services, strictly on a freelance and ad-hoc basis.
The Service Provider has registered on the Brigad platform to offer their services to potential clients. The Client is a company that uses Brigad to find service providers to carry out one-off assignments.
In reliance on the Service Provider’s skills and experience, the Client has engaged the Service Provider to provide their Services in accordance with the terms of this agreement, and the instructions provided by the Client to the Service Provider from time to time (the "Assignment").
The Parties have come together and agreed on the terms of this contractual agreement (the "Contract").
Article 1. Purpose of the Contract
The Client has engaged the Service Provider to provide their services in fulfilment of the Assignment, in accordance with the terms of this Contract and Appendix 1, and the reasonable instructions provided by the Client from time to time (the “Services”), and the Service Provider agrees to provide their Services on these terms.
The Parties agree to cooperate in good faith and to use their best efforts to perform their respective obligations.
Article 2. Autonomy and independence
The Parties shall carry out their activities in complete autonomy and independence, each of them bearing the risks of their own activity.
The Service Provider is not subject to any exclusivity obligation towards the Client or Brigad. The Service Provider is free to enter into any contract(s) similar or equivalent to the Contract with any natural or legal entity, whether or not competing with the Client. Similarly, the Client has no obligation to offer any work outside the scope of the Assignment to the Service Provider.
Both parties agree that this Contract constitutes a contract for the provision of services and not a contract of employment. Nothing in this Contract shall be construed or have effect as constituting any relationship of employer or employee or employer and worker between the Client and the Service Provider or the Client and any Substitute. The Service Provider shall indemnify and keep indemnified the Client against any liability, loss, damage, cost, claim or expense arising as a result of or in connection with:
- the Service Provider’s performance (or non-performance) of the Services or the Assignment, including in respect, but not restricted to, any act, neglect or default of the Service Provider, any Substitute, or other person authorized by the Service Provider to act on its behalf;
- the Service Provider or any Substitute being found to be a worker or an employee (for any purpose) of the Client or otherwise in connection with any employment related claims and/or claims based on worker status in each case brought by the Service Provider, any Substitute or the Service Provider's workers or employees against the Client and arising out of or in connection with the provision of the Services.
Nothing in this Contract shall constitute the Service Provider or any Substitute acting as an agent of the Client. The Service Provider and/or any Substitute shall not have any right or power whatsoever to contract on behalf of the Client or bind the Client in any way in relation to third parties unless specifically authorised to do so by the Client and shall not hold themselves out as having any such authority.
Nothing contained in this Contract shall constitute a partnership or joint venture between the Client and the Service Provider or between the Client and any Substitute.
The Parties agree and acknowledge that Brigad is not party to this Contract, and accepts no liability whatsoever for the provision of the Services, or any issues that arise in relation to, or in the course of, the provision of such Services, or any other issues or dispute that arise between the parties.
Article 3. Duration of the Contract
The Contract comes into force on the date set out above and, subject to Articles 3(b) below, will continue for a fixed period of time, which is detailed in Appendix 1 of the Contract.
Each Party is free to terminate the Contract at any time before or from commencement of the Services by sending the other Party an e-mail or a message via the Brigad mobile application. (c) Each Party may terminate the Contract with immediate effect, by sending the other Party notice via the Brigad platform, if any one or more of the following apply:
- the Party no longer wishes to collaborate with the other Party and notifies it of its express wish not to continue the collaboration; the other Party is no longer able to perform its obligations under the Contract (e.g. in the event of insolvency proceedings or illness); or
- if the other Party commits a material breach of any of the provisions of the Contract.
The consequences of a termination of the Services, and in particular financial consequences for the Service Provider or the Client, as the case may be, are provided for in the General Terms of Use (hereinafter the “GCU”) of Brigad, that the Parties declare that they know and accept.
Article 4. Obligations of the Service Provider
The Service Provider undertakes to have the necessary skills, know-how, equipment and authorisations to be able to carry out the Assignment, and certifies that any Substitute will meet these same requirements.
The Service Provider declares that it respects and undertakes to comply with all laws and regulations applicable to his status and activity, it being specified that he shall be solely responsible in the event of a breach of any of them. In particular, the Service Provider undertakes to comply with all applicable social contributions and tax obligations and other applicable laws and regulations for the entire duration of the Contract.
The Service Provider shall be solely responsible for all consequences that may result from the execution of the Assignment. He shall be solely liable for any damage suffered or caused by him in the performance of the Assignment.
Furthermore, the Service Provider warrants and undertakes to the Client that it is not an employee of the Client (or of any company in the Client's group) during the term of the Contract. Any breach of this provision shall be considered a material breach by the Service Provider of the provisions of this Contract, which may give rise to an immediate and automatic termination of the Contract by the Client at the sole liability of the Service Provider.
Article 5. Obligations of the Client
The Client undertakes to provide the Service Provider, in a timely manner, with all documents, updated information, instructions and explanations necessary for the Service Provider to carry out his obligations under the Contract in the best possible conditions.
In consideration of the Service Provider performing the Assignment in accordance with this Contract, the Client agrees to pay the Service Provider the sums due to it in return for the performance of the Mission, on the basis of the provisions provided for in Appendix 1 of the Contract, it being specified that only the sums corresponding to the services actually and duly performed are due to the Service Provider. The amounts concerned are invoiced to the Client and paid to the Service Provider under the conditions provided for in the Brigad GTCU, which the Parties declare to be aware of and accept.
Article 6. Performance of the Assignment
The Service Provider undertakes to make every effort to carry out the Assignment in accordance with the best industry practice, and to keep the client updated as to all relevant information in relation to the performance of the Assignment.
As an independent contractor, the Service Provider is able to carry out the Assignment in any manner of their choosing and at their own discretion, save that they will at all times act in accordance with the terms of this Contract and Appendix 1, and the instructions of the Client that may be provided from time to time.
The Service Provider agrees that they will be solely responsible for the provision of all equipment that may be required to perform the Services and/or carry out the Assignment, save for any equipment that is provided by the Client. The Parties agree that Brigad will have no obligation in relation to the provision of any such equipment, or instructions in relation to the Assignment.
Article 7. Liability and Insurance
The Service Provider shall have liability for any loss, liability or costs (including reasonable legal costs) incurred by the Client in connection with the provision by the Service Provider or Substitute of the Services or otherwise in relation to the Assignment.
As an essential and decisive condition without which the Client would not have committed, the Service Provider undertakes to be insured in the forms and conditions required to cover all the risks inherent in the exercise of its activity, including those related to the performance of the Mission.
Article 8. Confidentiality
Each of the Parties undertakes not to disclose to third parties the confidential information under the Contract and Appendix 1, save as permitted or required by law for a period of two (2) years following completion of the Services.
The Service Provider undertakes to treat as confidential all information communicated to it in the course of the performance of the Contract, in particular business secrets and industrial, commercial or financial specifications of the Client. Consequently, the Service Provider undertakes not to disclose to a third party in any way whatsoever, all or part of the confidential information without the Client's prior written consent.
Article 9. Right of substitution
As at the date of entry into this Contract, the intention is for the Service Provider to provide the Services. However, the Service Provider may at any time provide the Services through another individual or individuals directly engaged by the Service Provider (the “Substitute”) provided that:
(a) the Substitute is either:
- a Pre-Qualified Substitute (as defined below); or
- suitably qualified and has the necessary experience to perform any Mission which they intend to complete and, prior to the commencement of any Mission, has satisfied all necessary immigration requirements and ‘Know Your Client’ checks performed by Brigad from time to time, as well as any other requirements or checks that may apply to the Service Provider from time to time;
(b) the Service Provider notifies both the Client and Brigad of the identity and qualifications of any Substitute which the Service Provider uses to provide the Services, as follows:
- For a Pre-Qualified Substitute: the Service Provider must provide the notification under this clause at any time prior the performance of each Mission by the Substitute;
- For a Substitute who is not a Pre-Qualified Substitute: the Service Provider must provide the notification under this clause at least 48 hours prior to the performance of the Mission by the Substitute;
(c) the appointment of any Substitute is given prior authorisation in each case by the Client. The Client may at its absolute discretion determine whether to accept such Substitute to provide the Services;
(d) the Service Provider procures that the Substitute will adhere to and be bound by all obligations and requirements that apply to the Service Provider under the terms of this Contract.
For the purposes of this Article, an “Pre-Qualified Substitute” will mean an individual who is appointed as a Substitute and who is (a) already registered on the Brigad Platform, (b) has a live profile as a Freelancer, (c) has passed all necessary immigration, right to work and ‘Know Your Client’ checks, and any other checks that are required by Brigad from time to time, and (d) who has agreed to Brigad’s Terms and Conditions in place from time to time.
Article 10. Miscellaneous
The Contract contains an appendix which forms an integral part of the contractual agreement of the Parties, which constitutes the entire agreement between the Parties and supersedes all negotiations, declarations and agreements made prior to the date of signature of the Contract.
Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
If any provision of the Contract is found to be wholly or partly null and void or invalid, the validity of the other clauses of the Contract shall not be affected.
Article 11. Applicable law and jurisdiction
The Contract is governed by and interpreted under English law.
The Parties undertake to submit any dispute or challenge relating to the validity, interpretation, performance and/or termination of this Contract, or otherwise relating to this Contact, to the exclusive jurisdiction of the Courts of England and Wales.
Executed on {date}
In two original counterparts,
The Service Provider
{Talent name}
The Client
{Name of establishment}
APPENDIX 1 – DETAILS OF THE ASSIGNMENT
The Assignment has the following characteristics:
Nature of the Assignment :
Service of {Talent profession}
Fees for the service (excl. VAT)
In consideration of the Service Provider providing the Services in accordance with the above agreement and to the satisfaction of the Client, the Client shall pay the fees set out below for the achievement of the following deliverables (the “Fees”):
Fee for mission: £{amount}, excluding VAT
Payment of Fees
The Client agrees that all Fees shall be paid directly to the Service Provider in accordance with instructions issued by Brigad from time to time. The Client shall not deduct any sums from the Fees payable unless agreed in writing between the parties.
Address of the Assignment:
{mission address}