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

Definitions

WE ARE TESTERS: brand and online community of TESTERS developed by StarDust. It is managed by StarDust’s employees.

TESTER: a user who requested to Join WE ARE TESTERS in order to work as an independent and earn a remuneration regarding his/her PERFORMANCE.

MISSION: test cycle ordered by a CUSTOMER to StarDust and processed on WE ARE TESTERS.

MISSION MANAGER: StarDust employee in charge of processing the MISSIONS on WE ARE TESTERS.

CUSTOMER: any person or company (including StarDust) ordering a mission to be processed on 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’S PRODUCT: any mobile application or website or any other type of digital interface to be tested by the WE ARE TESTERS community.

BUG TRACKER: online area of WE ARE TESTERS where the tester can create, edit and delete a bug report or re-test an existing bug report. The bug tracker is partitioned mission by mission.

REMUNERATION: amount of money a TESTER earns according to his performance during a mission.

PAYMENT METHOD: mean by which the tester receives his remuneration.

1. Scope of Application

1.1. WE ARE TESTERS is a brand created by StarDust, the testing company, registered in France and located at 37 rue Guibal, 13003 Marseille, France.

1.2. WE ARE TESTERS has a website offering its members to work as "TESTERS". The TESTERS operate as independent self-employed or freelance contractors for WE ARE TESTERS, and are responsible for complying with the respective statutory provisions, in particular with regard to tax law.

1.3. Specifically, this means that WE ARE TESTERS offers the TESTERS the technical possibility to register as a TESTER on a platform via a registration form, and to independently apply to missions in the system (“MISSION”). Hence, the TESTERS are free to decide how many applications to missions they would like to process on WE ARE TESTERS. Any TESTER can access his/her “PAYMENT HISTORY“ to keep track of his REMUNERATION. He/She can also get the details of each of his/her PERFORMANCE in the Results of each MISSION.

1.4. The General Terms and Conditions of Business (hereinafter abbreviated as “T&C“) shall apply to all activities performed by the TESTERS for WE ARE TESTERS. The acceptance of a MISSION creates a contractual relationship for the MISSION.

1.5. The respective contractual relationship between the TESTER and WE ARE TESTERS within these T&C is created by the TESTER (when he/she applies to a MISSION or when he accept a MISSION he was invited to) and WE ARE TESTERS when the MISSION MANAGER confirms he selected the TESTER.

1.6. WE ARE TESTERS may modify the T&C at any time. The modified T&C will be announced on the website. The modified T&C will be deemed as accepted. If a TESTER does not want to accept such modified T&C, he has to delete his TESTER account and stop using WE ARE TESTERS immediately. Oral side-agreements do not exist. Modifications to the T&C must be conducted in writing to be valid.


2. Setting up an ACCOUNT for TESTERS

1. The processing of MISSIONS by a TESTER requires a one-time, free-of-charge creation of an ACCOUNT by filling in the registration form.

2. TBefore being accepted in the community, the TESTER has to go through the recruitment process monitored by WE ARE TESTERS. The TESTER needs to comply with the following requirements : a) he must be at least 18 years old ; b) he must be resident of one of the eligible countries (see definition in ANNEX 1); c) he must be validated by a STARDUST employee through the recruitment process.

3. The recruitment process aims to identify : a) the skills and experience of the TESTER related to Quality Assurance (identification of bugs, quality of report) b) his/her ability to work and provide a qualitative PERFORMANCE in english ; c) the spirit of the TESTER and the ability to respect MISSION rules. A legal claim to the activation of the ACCOUNT by WE ARE TESTERS does not exist.

4. The TESTER is obligated to enter the information required for setting up an ACCOUNT in an orderly and truthful manner. WE ARE TESTERS reserves the right to stop the recruitment process of a TESTER conditional to the provision of appropriate documentation for individual cases, proving that the entered data is correct. The TESTER is obligated to update the information and to immediately enter necessary adjustments via the Editing Profile feature. Should WE ARE TESTERS be unable to contact the TESTER due to the tester’s failure to enter the required data and manage changes, WE ARE TESTERS shall not be responsible for stopping the recruitment process of this TESTER.

5. Setting up the ACCOUNT requires the entry of an email, the TESTER’s last name, first name, mobile phone number, LinkedIn profile URL, motivations, country, city and a password.The TESTER must not use pseudonyms. The TESTER shall be responsible for keeping his/her password secure.

6. Registering an ACCOUNT for a third party is generally prohibited. TESTERS are also not permitted to have several ACCOUNTS. If WE ARE TESTERS identifies several ACCOUNTS for a TESTER, he may block and/or delete without notice any of the ACCOUNTS.

7. WE ARE TESTERS reserves the right to delete the ACCOUNT of a TESTER and/or to terminate the contractual relationship with the TESTER in case of a violation of this T&C or other obligations in connection with the contractual relationship. The due REMUNERATION may not be paid if the violation of the T&C impacted the value of the REMUNERATION. WE ARE TESTERS may also block temporarily or permanently a TESTER’s ACCOUNT in case of spamming other testers or disturbing the proceeding of the MISSION, among other reasons.

8. A TESTER can delete his/her ACCOUNT at any time. As soon as the TESTER confirms the deletion of his/her ACCOUNT, the ACCOUNT is anonymise (last name, first name, email, password, linkedin profile, mobile phone number). He/She cannot access it anymore. It is irreversible. User Generated Contents (ie Bug reports during the MISSIONS) are maintained with an anonymous author.

9. All the APPROVED TESTERS will be invited to join the Slack team https://wearetesters.slack.com.


3. Handling of MISSIONS

1. Any user of the WE ARE TESTERS can view the public information about the MISSIONS entered by WE ARE TESTERS. This presentation of the MISSIONS constitute an invitation to apply to a MISSION.

2. Only TESTERS whose ACCOUNT was approved, can apply or get invited to a MISSION.

3. For missions where the TESTER has to apply :

3.1. Before the application is saved, the TESTER must confirm he /she matches the restrictions of the missions either in terms of location, devices, OS or any other restrictions ordered by the CUSTOMER for the MISSION.

3.2. Before the application is saved, he must fill in the information about his/her payment details to be able to be paid for his PERFORMANCE.

3.3. After the TESTER applies to a MISSION, the MISSION MANAGER, will review the application, in particular in terms of appropriateness to the MISSION restrictions (included maximum number of tester for the mission). The MISSION MANAGER can approve or refuse a TESTER for a mission.

3.4. If a TESTER’s application is refused, he/she is free from any contract regarding such MISSION.

4. For MISSIONS where the TESTERS are invited : the TESTER has to indicate if he/she accepts or decline the MISSION : he has to accept or refuse this MISSION.

4.1. We only consider answers that change his status from INVITED to ACCEPTED or DECLINED in the system. Oral agreement does not exist.

4.2. In case the TESTER has not answered to the invitation when the MISSION starts, his/her answer is considered as DECLINED. His/Her role during such MISSION is not maintained.

5. If a TESTER accepts or is accepted for MISSION, the information required for processing the MISSION shall be made available to the TESTER at the appropriate time.

6. WE ARE TESTERS shall not be obligated to accept the TESTER’S performance if it does not comply with the T&C, hence such PERFORMANCE is qualified as improper PERFORMANCE.

7. The requirements to approve a PERFORMANCE are the following : a) the reports must be complete (all the fields are mandatory. Attachments showing the bug are mandatory. An exception can be made if a bug can’t be captured by any type of attachments (screenshot or video or crash log) ; b) the reports must be compliant with the MISSION specific requirements (included scope, test environment, allowed devices, language of report etc.) ; c) the reports must not contain syntax, vocabulary, spelling and grammatical mistakes in the language requested for the report ; d) the reports must be original ones, which means it must not be a duplicate of an anterior and approved report. We consider the anteriority of a report by the date of submission of such report compliant with above rules; e) the information provided in the mandatory fields must be compliant to the level of quality requested by WE ARE TESTERS.

8. 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.

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

10. The MISSION MANAGER can edit (delay, shorten or extend) the opening hours of the MISSION (delay, shorten or extend) to adapt to operational needs. He can also SUSPEND an open MISSION or cancel a MISSION that has not started. The TESTERS of the MISSION will be notified by Slack or by Email.

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

12. Then, he/she cannot request to edit or/and delete of any of his/her PERFORMANCE anymore. WE ARE TESTERS has the right to freely make use of the TESTER’s PERFORMANCE in particular to provide the APPROVED performance to the CUSTOMER. Despite his right to, WE ARE TESTERS decided not to provide non-approved PERFORMANCE to the CUSTOMER.

13. At the end of each MISSION, the MISSION MANAGER saves a summary of the PERFORMANCE of each TESTER during the MISSION. He may add some bonus as described in paragraph 5.

14. The TESTER shall be responsible for paying taxes on the income generated through WE ARE TESTERS.


4. Secrecy - Rights in the Results of the TESTER

1. The TESTER undertakes to maintain secrecy towards third parties with regard the processing of the MISSION, and to use this information of his/her PERFORMANCE for WE ARE TESTERS only. If the TESTER fails to comply with the secrecy obligation, WE ARE TESTERS reserves the right to claim injunction and damages.

2. Any PERFORMANCE of the TESTER regarding a MISSION is protected under copyright laws and shall belong exclusively to WE ARE TESTERS. The TESTER undertakes to release and make available his/her PERFORMANCE to WE ARE TESTERS at any time the TESTER is requested to do so.

3. The TESTER must destroy or keep secret any content/data/information/app he shall have saved locally on a personal device for the purpose of a MISSION.

4. Upon completion of the tester’s activity, the sole right of use shall be transferred to WE ARE TESTERS. The paid REMUNERATION shall cover any and all potential copyrights.

5. The TESTER warrants, that none of his/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. 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

1. The REMUNERATION of the TESTER is conditioned by his/her approved PERFORMANCE during a MISSION.

2. The REMUNERATION is paid in EUR only.

3. The model of REMUNERATION is defined by WE ARE TESTERS. The type of requested PERFORMANCE is defined MISSION by MISSION. The price allocated to each PERFORMANCE is defined MISSION by MISSION. All the TESTERS of a MISSION are subjected to the same model of REMUNERATION.

4. The TESTER can identify the model and the values of his REMUNERATION per PERFORMANCE for each mission before he/she starts his/her PERFORMANCE. This information will be written in the MISSION details.

5. Bonuses are extra REMUNERATION offered by WE ARE TESTERS. The MISSION MANAGER is in charge of allocating the bonus at his discretion. He precises the motivations for each bonus. They don’t have to be equal between TESTERS. They are NOT mandatory. A TESTER cannot claim he didn’t receive neither any nor an expected value of bonus at the end of a MISSION. However, WE ARE TESTERS has a commitment to ensure that the bonuses are not allocated based on racial, religious, sexist motivations. If a TESTER experiences this misbehaviour, he/she shall report it to the head of WE ARE TESTERS, Guillaume Gimbert at contact@we-are-testers.com.

6. The remuneration of a TESTER regarding a mission is available on the TESTER’S ACCOUNT.

7. PayPal is currently the only PAYMENT METHOD available on WE ARE TESTERS. To be eligible to join the community and to a MISSION, the TESTER needs to be eligible to receive payments with a PayPal account (see details in ANNEX 1).

8. The payment is processed after the end of each MISSION and shall be conditional upon the provision of all information regarding the PAYMENT METHOD by the TESTER. In case of Paypal, it means the email address of a PAYPAL account eligible to receive payments.

9. WE ARE TESTERS is not responsible for the use of PAYPAL made by the TESTER. In particular, WE ARE TESTERS should not be responsible for not being able to process the payment if a TESTER has provided wrong information or has violated PAYPAL Terms and Conditions and is not eligible to receive funds. However, for residents of countries where International Banking Regulation doesn't prevent sending funds, WE ARE TESTERS is willing to find a solution to send the funds without obligation of result. Such TESTER will not be eligible to MISSION anymore until his/her PayPal account is eligible to receive funds.


6. Data Protection

1. WE ARE TESTERS shall be entitled to collect, process and use the data received from the TESTERS as well as the data arising in connection with the MISSION in accordance with the statutory provisions and to the extent required for the proper handling of the MISSION and the execution of the contractual relationship. No personal data shall be transferred to third parties by WE ARE TESTERS without the express consent of the TESTER, unless WE ARE TESTERS is entitled or obligated to do so by law. Data related to the PERFORMANCE of a TESTER during a MISSION will be shared with the CUSTOMER of such MISSION without express consent of a TESTER (as described in paragraph 3). Anonymous data (used for instance for statistics) can be used publicly but shall not identify a TESTER.


7. Choice of Law & Jurisdiction

1. The contractual relationship between WE ARE TESTERS and the TESTER shall be governed by the laws of French Republic. Exempt from this choice of law, are the mandatory consumer protection regulations of the country in which the Customer has his usual place of residence.

2. The place of jurisdiction for all disputes arising from the contractual relationship between the TESTER and WE ARE TESTERS shall be the registered place of business of WE ARE TESTERS.


Annex 1

WE ARE TESTERS selected PayPal as the only mode to send the REMUNERATION to the TESTER. Accordingly, WE ARE TESTERS can only accept among its community, TESTERS that can be paid for their PERFORMANCE.

The list of allowed countries may evolved with PayPal agreement of use.

To be accepted as a TESTER and to be allowed to work on a MISSION, the TESTER must :

  1. be able to create a PayPal account : list of eligible countries
  2. be able to receive payment with his/her PayPal account : list of non-eligible countries among PayPal account

WE ARE TESTERS 2016

Updated : November 2016