General Terms and Conditions
of Business for Testers of WE ARE TESTERS

Definitions

BUG TRACKER: STARDUST online tool where the TESTER can create, edit and delete a bug report or re-test an existing bug report.

CLIENT: any person or enterprise soliciting WE ARE TESTERS services to carry out a MISSION.

METHOD OF PAYMENT: means by which the tester receives their remuneration.

MISSION: test cycle ordered by a CLIENT at STARDUST and carried out by WE ARE TESTERS.

PERFORMANCE: bug report or bugfix check or any report or any reported time spent (on exploring the customer’s product), a TESTER is asked to perform during a mission he’s engaged to.

CUSTOMER PRODUCT: any mobile application, website, connected objects or digital platforms tested by WE ARE TESTERS.

PROJECT MANAGER: STARDUST employee responsible for setting up the MISSIONS performed through WE ARE TESTERS.

REMUNERATION: Sum of money received by the TESTER in return for the MISSION.

STARDUST: company having its registered office at 37 Guibal street in Marseille (13003) in France and is registered with the Trade and Marseille under number 530 242 874.

TESTER: a self-employed service provider interested in joining WE ARE TESTERS to carry out MISSIONS.

WE ARE TESTERS: online community of TESTERS with access to MISSIONS via the website https://www.we-are-testers.com.

1. Scope of Application

1.1. STARDUST is a digital testing agency that has created WE ARE TESTERS.

1.2. The TESTER and STARDUST are commercial partners who operate in total autonomy and independence, each bearing the risks of their respective activities. The TESTER and STARDUST expressly agree that they are not bound by a contract of employment or an employment relationship.

1.3. TESTER confirms and guarantees that they are and will remain in compliance with laws, regulations and more broadly any rules, especially regarding fiscal and social obligations.

1.4. The TESTER and STARDUST agree to operate in good faith and to make their best efforts to execute proper performance of their respective obligations.

1.5. When registering TESTER acknowledges and accepts the T&C that apply to all MISSIONS made via WE ARE TESTERS. In case of modification of the T&C, STARDUST informs the TESTER who is able to accept or not accept the new version. In the absence of acceptance, the TESTER will no longer be able to apply for MISSIONS.

1.6. The T&C constitutes a service contract between the TESTER and STARDUST. T&C govern general conditions while special conditions, which take precedence over T & Cs for contradictory stipulations, are concluded with the start of each MISSION (when the TESTER accepts a MISSION after an invitation or when the MISSION MANAGER confirms the selection of the TESTER).


2. Setting up an ACCOUNT for TESTERS

2.1. Undertaking MISSIONS requires the TESTER to create a single account at no cost by completing the registration form.

2.2. Registering an account for a third party is prohibited. The TESTER is also prohibited from having several accounts. If several accounts are identified for the TESTER, STARDUST may block and or delete the accounts until each of their respective owners proves their identity.

2.3. Before being accepted into WE ARE TESTERS, the TESTER must pass through a recruitment phase in accordance with the following requirements: a) be at least 18 years of age; (B) be a resident of one of the eligible countries (see definition in ANNEX 1); (C) be validated by an employee of STARDUST during the recruitment phase; (D) to be registered with the Commerce and Companies organization, to the register of trades or to practice his profession through a legal structure.

2.4. The purpose of the recruitment phase is to identify: a) the quality assurance TESTER's skills and experience (bug identification, quality of reports); (B) ability to work and deliver in English; C) the behavior of the TESTER and its ability to comply with the instructions of the MISSION.

2.5. During the account creation process, the TESTER must provide, in good faith, accurate information. STARDUST reserves the right to terminate the TESTER's recruitment process if the TESTER does not provide the necessary documents to prove the validity of their statements. The TESTER is obliged to update his account by making the necessary adjustments and modifying all the information if it changes. If STARDUST is unable to contact the TESTER to provide or modify the necessary data, STARDUST may interrupt the TESTER's recruitment process and may not be held liable for this.

2.6. The creation of an account requires that the TESTER provide his / her email address, first name, last name, mobile phone number, LinkedIn profile link, motivation to join WE ARE TESTERS, his / her country and city of Residence as well as creating a password. The TESTER must not use a pseudonym. The TESTER is responsible for the security of his password.

2.7. Once all the information is received, STARDUST approves the creation of the account, which allows the TESTER to apply or to be invited to carry out MISSIONS.

2.8. After joining WE ARE TESTERS and creating his account, the TESTER is invited to join the Slack team at https://wearetesters.slack.com/.

2.9. STARDUST reserves the right to cancel the TESTER's account and / or terminate the contractual relationship with the TESTER in the event of a breach of T&C or other obligations in connection with this contract.

2.10. A TESTER is free to delete his account at any time, without notice and without cause. As soon as the confirmation of the deletion of the account is made, the account is made anonymous (surname, first name, email, password, LinkedIn profile, mobile phone number), access is no longer possible and relationship Contract with STARDUST terminates. The contents generated by the TESTER (such as bug reports during MISSIONS) are kept and credited anonymously.


3. Handling of MISSIONS

3.1. By logging into his account, the TESTER can consult the MISSIONS that have been published and for which MISSIONS the TESTER can apply.

3.2. The TESTER is free to decide their organization and execution of the MISSIONS. In particular, the TESTER is free to decide the place, the days and the schedules to which he / she is performing the MISSIONS as well as the means used for this purpose.

3.3. The TESTER is not subject to any exclusivity obligation vis-à-vis STARDUST. The TESTER is free to provide its services to any natural or legal person, whether or not competing with STARDUST, and to develop a personal clientele.

3.4. For the MISSIONS for which the TESTER can apply:

3.4.1. Before the application is registered, the TESTER must confirm that they can comply to the MISSION's restrictions in terms of location, equipment, operating systems or any other restriction made by the CLIENT.

3.4.2. Before the application is registered, the payment information must be completed in order for the PERFORMANCE to be remunerated.

3.4.3. After the TESTER has applied for a mission, the MISSION MANAGER shall review the compatibility of the application with the MISSION's restrictions. STARDUST is not obliged to accept the TESTER's performance if it does not comply with T & C or MISSION specifications, or if the number of TESTERS required is met. The MISSION MANAGER remains free to accept or refuse a TESTER for a MISSION.

3.5. If a TESTER's application is refused, he or she will have no contractual obligation concerning this MISSION.

3.6. For MISSIONS where the TESTER participates :

3.6.1. The TESTER must indicate whether he accepts or refuses the conditions of the MISSION.

3.6.2. If the TESTER has not responded to an invitation when the MISSION begins, its response will be deemed by default to be rejected and the TESTER will have no contractual obligation with respect to this MISSION.

3.6.3. If the TESTER accepts the MISSION, the information necessary to accomplish the MISSION will be communicated to the TESTER in a short time.

3.7. STARDUST is responsible for providing the BUG TRACKER and making its best efforts to ensure its accessibility and its smooth operation.

3.8. The TESTER expressly declares that he or she possesses the appropriate skills and means to carry out PERFORMANCE.

3.9. The requirements for the execution of the PERFORMANCE are as follows: a) the reports must be complete (all mandatory fields must be completed) and attachments showing bugs are mandatory. An exception can be made if the bug can not be illustrated by any kind of attachment (screenshot, video or crash log); (B) Reports must comply with MISSION requirements (including scope, test environment, authorized devices, reporting language, etc.); C) Reports must not contain syntax, vocabulary, spelling or grammar errors in the selected language; d) The reports must be original, i.e. they must not be reproductions of an earlier report that has already been accepted. We consider the precedence of a report by the date of submission of the report concerned and its conformity with the above rules; e) the information provided in the mandatory fields must comply with the quality requirements of WE ARE TESTERS.

3.10. Documentation regarding the requested quality of the reports is described in the Academy Blog. The WE ARE TESTERS team is also available to answer any questions regarding the expected quality of the PERFORMANCE. The team may be contacted by Slack or by email : contact@we-are-testers.com.

3.11. The TESTER assumes exclusively all the consequences that may result from his actions during the execution of the MISSION.

3.12. As long as the MISSION is not closed, the TESTER can edit or delete his/her incomplete bugs.

3.13. The MISSION MANAGER can edit (shift, decrease or increase) the duration of the MISSION to adapt it to the operational needs of the CLIENT. He may also suspend an ongoing MISSION or cancel a MISSION that has not yet started. The TESTER will be notified by email or via Slack.

3.14. At the end of the MISSION, the TESTER accepts to give the full property of his MISSION PERFORMANCE to WE ARE TESTERS.

3.15. At the end of each MISSION, the MISSION MANAGER records a summary of the PERFORMANCE of each TESTER during the MISSION. He may also add a REMUNERATION bonus as described in Article 5 (see below).


4. Confidentiality - Rights related to the results of the TESTER

4.1. The TESTER and STARDUST understand and accept that, in the course of their collaboration, everyone may be aware of confidential information, in particular concerning the CUSTOMER PRODUCT. Confidential information may not include information (i) obtained through third parties in a lawful manner, (ii) previously known by the party benefiting from it, (iii) the use and / or disclosure of which has been previously and expressly written consent of the other party and (iv) that the applicable law or regulation would require disclosure.

4.2. The TESTER and STARDUST agree to keep confidential information confidential, at all times and in good faith, in particular the elements that the TESTER has been able to safeguard on a personal device (in particular, any content, data, information or application). Any breach of this obligation of confidentiality may give rise to the termination of this contract and to compensation for any resulting damages.

4.3. Upon completion of the MISSION, the TESTER agrees to transfer to STARDUST the full ownership of their PERFORMANCE and all rights related thereto. REMUNERATION covers all copyrights. The TESTER expressly and irrevocably consents to this assignment.

4.4. The TESTER warrants, that none of his or her PERFORMANCE includes any illegal contents, in particular with regard to third party copyrights, moral rights or other trademark rights, or are in any form relevant under criminal law.

4.5. The TESTER shall be responsible for reimbursing any costs which might arise for WE ARE TESTERS as a result of justified third party claims with regard to the contents created by the TESTER. This shall not apply if the TESTER is not responsible for any rights infringed. It is expressly noted that WE ARE TESTERS reviews the performances provided by the TESTER in the context of quality assurance measures, in particular with regard to the infringement of copyrights.


5. Remuneration

5.1. The COMPENSATION of the TESTER is conditional upon the acceptance of its PERFORMANCE by the CLIENT at the end of the MISSION.

5.2. REMUNERATION is paid in euros only.

5.3. The REMUNERATION model is defined by STARDUST for each MISSION and corresponds to the type of PERFORMANCE requested. The budget allocated for each PERFORMANCE is defined for each MISSION.

5.4. The TESTER may identify the model and the amount of his COMPENSATION by BENEFIT before the beginning of each MISSION. This information will be given in the details of the MISSION.

5.5. The bonus is an additional COMPENSATION assigned by STARDUST TESTER in terms of performance. Bonus allocation is not automatic or mandatory. The MISSION MANAGER is responsible for the award of this bonus using his / her best judgment. When the MISSION MANAGER decides to award a bonus to the TESTER, he / she shall specify the reasons in writing according to objective criteria. A TESTER can not claim a bonus in any form at the end of a MISSION. However, STARDUST undertakes not to pay bonuses based on racial, religious, sexist or discriminatory grounds. If a TESTER is the victim of such behavior, he must report it to Mr. Guillaume Gimbert by email (contact@we-are-testers.com).

5.6. The details of the TESTER's COMPENSATION for a MISSION is available in the TESTER's account.

5.7. The payment is effective at the end of each MISSION, provided that all information on the METHOD OF PAYMENT is given by the TESTER. In the case of PayPal, an email address linked to a functional PayPal account to receive payments.

5.8. STARDUST is not responsible for the use of PayPal made by the TESTER. More specifically, STARDUST can not be held responsible for not being able to make the payment if the TESTER has provided incorrect information or has violated the General Terms and Conditions of PayPal and is not eligible to receive funds. However, residents of countries or the International Banking Regulation do not forbid to send funds, STARDUST can try to find a solution in order to send the funds without obligations of results. A TESTER in this situation will no longer be eligible to perform MISSIONS until his / her PayPal account is eligible to receive funds.

5.9. The COMPENSATION may not be paid by STARDUST in case of T&C violation by the TESTER but also if the TESTER interferes with the other testers or the MISSION.

5.10. The TESTER is solely responsible for the payment of taxes, duties and social charges related to income derived from its participation in WE ARE TESTERS.


6. Data Protection

6.1. STARDUST is authorized to collect, transfer and use the data provided by the TESTER as well as data derived from the MISSION in accordance with the legal provisions and by extension the data necessary for the smooth running of the MISSION and the execution of the contractual relationship . No personal data will be transferred to a third party by STARDUST without the TESTER's consent, except if WE ARE TESTERS is required by law. Data related to the TESTING of a TESTER during a MISSION will be shared with the CLIENT of the MISSION concerned without the express authorization of the TESTER (as described in article 3, see above). Anonymous data (used for statistics, for example) can be used publicly but will not identify a TESTER.


7. Applicable Law & Jurisdiction

7.1. This contract shall be governed by and construed in accordance with French law.

7.2. The TESTER and STARDUST agree to submit any dispute or dispute concerning the validity, interpretation and / or performance of this contract to the exclusive jurisdiction of the Tribunal de Commerce de Paris.


Annex 1

STARDUST has chosen PayPal as the only way to send REMUNERATION to the TESTER, which implies that the TESTER:

  1. be able to create a PayPal account (see the list of eligible countries) terms and conditions of use PayPal. The list of authorized countries may change with the PayPal Usage Chart.
  2. Is able to receive payments with its PayPal account (see list of non-eligible countries within PayPal accounts). The list of authorized countries may change with the PayPal Usage Chart.

Updated : August 2017