This Invoicing Mandate is made between:
In order to facilitate for both Freelancers and Clients the billing process of Tasks carried out through the Site, the Company offers to establish and issue invoices in the name and on behalf of the Freelancers.
To this end, the Parties have entered into this invoicing Mandate, pursuant to which the Freelancer agrees to give to the Company the task to establish and issue all invoices for its services to the Clients.
Except for terms expressly defined hereunder, terms beginning with a capital letter have the meaning given to them in the Company’s User Terms as previously accepted by the Freelancer.
Agent: means the Company.
Content: all information or media of any kind (texts, images, videos, photographs, comments, notes, company names... etc.) published by the User on the Site.
Invoice: means the Freelancer’s invoice relating to a specific Task carried out for a Client through the Site.
Principal: refers to any Freelancer who has accepted the User Terms of the Site.
The Principal grants to the Agent who accepts, a mandate to establish in its name and on its behalf, all original and/or correcting Invoices, relating to the Tasks carried out for Clients by the Principal through the Site.
This Mandate is made in accordance with applicable law, and in particular, the provisions of article 1984 of the Civil Code and articles 242 nonies A-I and 289 I-2 of the General Tax Code.
This Invoicing Mandate commences on the date of its acceptance by the Freelancer.
it is concluded for an indefinite period.
The Principal agrees that for the duration of this Invoicing Mandate, it shall not appoint another agent or representative to carry out the same operation and role in relation to Tasks undertaken by it through the Site.
The Principal may at any time revoke or terminate this Invoicing Mandate, without having to provide for any reason, by notifying the Agent by registered letter with an acknowledge of receipt.
In this regard, it is reminded that one of the conditions for the use of the Site is the entering into this Invoicing Mandate. Consequently, if this Invoicing Mandate is revoked, then the Freelancer’s account on the Site will be closed.
Reversely, this Invoice Mandate will terminate if the Freelancer’s account on the Site is closed for any reason whatsoever.
This Invoicing Mandate being part of the Services provided by Malt to the Freelancer through the Site, the consideration for the Services is included in the fees payable by the Freelancer to the Company.
The Agent undertakes to issue invoices in the name and on behalf of the Principal, in accordance with the information given by the latter.
Invoices will be issued as soon as the completion of the Freelancer’s Task is approved by the relevant Client and will be addressed to the Client directly by electronic means.
The Agent also submits to the Principal simultaneously a copy of all Invoices issued in the Principal’s name and on its behalf.
The Agent undertakes to the Principal that all Invoices are marked "Invoice issued by [name of the Company], in the name and on behalf of [legal name/company name of the Freelancer]."
In the event that the Principal requests a change to the Invoice, the Agent agrees to issue without delay the rectified invoice.
The Agent undertakes to use a sequence of chronological and continuous Invoice numbers, separate for each Principal; or adopt the numbering that the Principal so prescribes, so that the Invoices be integrated in the chronological and continuous invoice numbering used by the Principal in respect of the other invoices it issues itself.
The Principal acknowledges that it retains full responsibility for its legal and tax obligations relating to the invoicing of or rectification of Invoices issued in its name and on its behalf by the Agent, including its declaration and payment of VAT obligations.
In particular, the Principal is solely responsible for determining the rules applicable to billing and to communicate all information required to the Agent so that it can issue Invoices in accordance with all applicable laws – these rules depending on where the Services are deemed to be performed.
Similarly, the Principal agrees that it remains liable for any VAT due as the case may be, in particular pursuant to article 283 paragraph 3 of the General Tax Code, when it is incorrectly charged.
Consequently, the Principal expressly agrees to:
The Principal shall challenge the information contained in the Invoice issued in its name and on its behalf and request correction to the Agent within 3 days ; failing which, the Invoices will be deemed to be accepted by the Principal.
Any modification to this Mandate shall be made in the same form by any authorized person duly empowered to this effect by the parties.
This Mandate shall be governed and construed in accordance with French law. Any dispute arising out of or relating to the formation, conclusion, interpretation and/or performance of this Invoicing Mandate, shall be referred to any relevant court of law within the jurisdiction of the Court of Appeal of Paris, France.
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