Keys Points of the General Terms and Conditions of talent.io Recruitment GmbH (T&Cs)
These general T&Cs exclusively apply to the entire business relationship between talent.io Recruitment GmbH (“Talent”) and the users (“Users”) of the website https://www.talent.io (the “Website”) To give you an overview of our service, we have summarised the four main points of the general T&Cs as follows:
Talent offers a service that connects the candidates and companies via the Website https://www.talent.io.
A free service for candidates and dependent upon the success for the company
Talent’s service is free for candidates.
Access to the Website www.talent.io is free. Talent invoices the company for its service only when a company and a candidate reach an agreement.
Our service fees are calculated on a case-by-case basis.
1. The company and the candidate conclude an employment contract:
Talent invoices the company for 15% of the gross annual remuneration of the candidate plus VAT at the time when the candidate enters the company. If the candidate leaves the company within 3 or 6 months, the company is given a discount (valid for 12 months) to recruit a new candidate, according to conditions specified in these terms of service.
If you would like to optimise your cash flow, Talent offers you the option of paying 1.2% of the candidate’s gross annual remuneration each month for 18 months (instead of 15% immediately). In the event that the candidate leaves, the monthly invoicing is suspended in the month following notification by the company (upon submitting proof). In order to make use of this option, the company is required to grant Talent direct debit authorisation which entitles Talent to automatically debit the monthly amounts due.
The company is required to provide its decision in relation to the billing method to Talent. If the company does not respond, the option of full payment (15% immediately) will be applied as standard.
2. The company and the candidate reach an internship agreement:
Talent invoices the company for €1,500.00 plus VAT which becomes due on the day when the candidate starts at the company. In the event that the candidate is employed after the internship, Talent will also charge €2,500.00 plus VAT in additional costs.
3. The company and the candidate reach a service or subcontractor agreement:
Talent’s costs are calculated based on the candidate’s remuneration x (100/82) minus the candidate’s remuneration. Invoicing is triggered by the monthly acceptance of the candidate’s timesheets by the company, whereby a timesheet is deemed accepted when the company does not reject it within seven days.
The candidate’s remuneration and Talent’s costs are collected by direct debit (via an external payment provider) and automatically provided to the beneficiaries (candidate and Talent).
Duty of loyalty when providing information
The companies and candidates that use the website undertake to inform Talent about the details of any contract concluded between them, and to provide Talent with a copy of the contract so that service fees can be invoiced if a contract is concluded with a candidate registered on the website within 12 months of the company deregistering from the platform.
General Terms and Conditions of talent.io Recruitment GmbH (GTCs)
The following general T&Cs represent the terms of service of the Website www.talent.io (“Website”) and that of the services offered by talent.io Recruitment GmbH (“Talent”) generally.
Please note that the general T&Cs can be changed by Talent at any time. Users are therefore asked to check the general T&Cs themselves regularly.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON “I ACCEPT”, YOU ARE PROVIDING THE FOLLOWING DECLARATIONS:
(1) YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM;
(2) YOU ARE OF NECESSARY AGE TO CONCLUDE THIS CONTRACT WITH TALENT; AND
(3) YOU ARE AUTHORISED TO CONCLUDE A CONTRACT IN A PERSONAL CAPACITY OR ON BEHALF OF THE COMPANY MENTIONED AT THE TIME OF YOUR REGISTRATION.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SERVICE.
Talent offers a Service (“Service”) which connects candidates and companies via the Website https://www.talent.io.
“Candidate” refers to any natural or legal entity which applies to register on the Website with a view to finding a new professional activity there.
“Company” refers to any natural or legal entity which applies to register on the Website in order to enter into contact with candidates.
Candidates and companies interact on the Website via their profiles.
“Profile” refers to all content (information and any file, including photos, CV etc.) which is published by a candidate or a company in order to present themselves and to interact on the Website.
PART 1 – RULES FOR CANDIDATES
1. How the service works
Talent is a free service for candidates which is supposed to allow them to efficiently and quickly find new professional opportunities.
Candidates can use the service after they have registered on the Website and Talent has approved the registration.
The service allows the candidate to receive interview requests from companies. An interview request is a message which a company sends to a candidate to inform them of its interest in his or her profile.
If the exchange between a candidate and a company is successfully concluded, the candidate can then make an agreement with the company.
This agreement can take the form (i) of an internship agreement, (ii) an employment contract or (iii) a service or subcontractor agreement or an agreement of another type intended to regulate the candidate’s assumption of an activity in return for paid remuneration.
Only the conclusion of such an agreement establishes mutual obligations between the candidate and the company.
2. Registration process
At the time of his or her registration, the candidate is asked to create an account and complete his or her profile by indicating his or her name, providing details of education, professional experience, skills and salary expectations.
In order to ensure the reliability and functionality of the service, the candidate undertakes when registering (i) to provide, to the best of his or her knowledge, only correct and current information about his or her situation and to indicate his or her true identity and (ii) to never maintain more than one account on the website.
Talent reserves the right to request the following from the candidate:
(1) A document which proves the candidate’s identity
(2) In the event that the candidate is acting via a legal entity, a commercial register extract or another register extract, no more than 30 days old, and a written power of attorney certificate which proves that the natural entity that performed the registration on behalf of the legal entity, is authorised for the registration.
In the event that such proof is not furnished, Talent reserves the right to lock and/or to delete the candidate’s account.
Talent may also call the candidate using the telephone number provided to discuss his or her profile before registration is approved.
Talent reserves the right to accept or reject, at its discretion, registration requests on the Website, in particular after inspecting the information provided voluntarily about the respective User.
3. Contractual freedom of the candidate
Registration on the Website and access to the service do not establish any obligation for the candidate to accept an interview request or to conclude any type of agreement.
Only the conclusion of an agreement between the candidate and a company establishes mutual obligations. The conditions of the agreement (offered remuneration, term and type of employment) are freely specified by the candidate and the company without Talent participating in this negotiation.
4. Transparency and duty to inform
Candidates that use the Website accept the following in the event that they reach an agreement with a company:
(i) to inform Talent immediately and without delay of the date of signing the agreement (and to inform Talent of any change);
(ii) to provide Talent with a copy of the contract or proof of employment (letter, email) or to issue a confirmation between the candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and
(iii) to inform Talent immediately and without delay, provided there is a contractual relationship with Talent, if, after signing the employment contract, regardless of the reason, you are no longer contractually bound to the company.
PART 2 – RULES FOR THE COMPANY
1. Registration process – how the service works
Companies are asked when registering on the Website to create an account and to complete their profile by indicating in particular the name of the applicant and the company, their commercial registration [registration number, if applicable], their email address and further information about the company and their search.
In order to ensure the reliability and functionality of the service, companies undertake when registering (i) to indicate, to the best of its knowledge, only correct and current information about its situation and its true identity and (ii) to never open more than one account on the website.
To facilitate the registration for companies, Talent may propose that the companies use a third-party service.
In this case, companies undertake to ensure that all information they provide to this third-party service is, to the best of their knowledge, correct and up to date in order to ensure the reliability of the service.
If registration is carried out for a legal entity, the applicant must be authorised to do so by the legal entity.
After registration, Talent verifies the company Profile and may, if considered necessary, request any document that enables Talent to verify whether the information indicated in the Profile is true. If the company does not respond to such a request from Talent, this can justify the registration being rejected. Talent reserves the right to accept or reject requests for registration on the Website at its own discretion.
After registering and completing the company Profile, the service enables access and viewing of candidate Profiles online on the website. Companies can then send interview requests to candidates. Any interview request must (i) contain the type of agreement planned (internship, employment contract, service contract), (ii) a job description and (iii) the proposed remuneration. Interview requests represent merely an open invitation to a meeting.
The company undertakes to communicate with the candidate only via the Website until the respective candidate accepts an interview request.
If the candidate is interested in the interview request and accepts it, the recruitment process begins, which may include one or a number of interviews, irrespective of whether they are carried out in person or remotely.
From acceptance, candidates and companies have the option of using other communication methods.
Only the conclusion of an agreement between the company and a candidate establishes mutual obligations; the information must then be sent to Talent and the costs according to Point 3 of these general T&Cs paid to Talent.
The conditions of the agreement (remuneration, term and type of employment) between the candidate and the company are freely negotiated by them without Talent participating in these negotiations.
If the candidate is hired, the company itself is responsible for initiating all formal steps required in relation to the employment of the candidate.
In particular, the company must verify the candidate’s nationality and, if necessary, ascertain before the employment that the candidate possesses a valid work permit. To do so, the company can, following consultation, make use of Talent’s other services for the visa process. Furthermore, the company is required to carry out a medical pre-examination if this is legally prescribed and to register the employment of the candidate.
The company undertakes to refrain from using the website to find a candidate and reach an agreement with said candidate independently of Talent’s service, whether this is aimed at avoiding paying the costs to Talent or for other reasons.
If the above circumvention ban is breached, the company is liable for the payment of additional costs, as provided for in Article 3 of the general T&Cs.
Furthermore, the company undertakes (i) to refrain from disclosing to third parties or publicising the names and identities of candidates whose profiles were disclosed during the personnel procurement process and (ii) to take the necessary physical, technical and administrative measures (GDPR-appropriate technical and organisational measures) to protect the content received via the Website from loss, misuse, unauthorised access, disclosure, alteration or destruction.
2. Company’s duty to inform
Companies which use the Website agree to the following in the event that they conclude an employment contract, a service or subcontractor agreement or another type of agreement with a candidate intended to regulate the fulfilment of a task for compensation for an indefinite or fixed period:
(i) to inform Talent immediately and without delay of the date of signing the agreement (and to inform Talent of any change);
(ii) to provide Talent with a copy of the contract or proof of employment (letter, email) or to issue a confirmation between the candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and
(iii) to inform Talent immediately and without delay provided there is a contractual relationship with Talent, if, after signing the employment contract, regardless of the reason, you are no longer contractually bound to the candidate.
3. Costs of the service
Upon acceptance of these general T&Cs, the company undertakes to pay Talent the costs under these general T&Cs.
Talent reserves the right to change its rates and billing methods at any time after these terms of service have been updated and the Users of the Website informed by email.
3.1 Liability for costs
The costs for Talent’s service are to be paid in full by the company in the following cases:
- a) if a candidate who has been identified using Talent’s website concludes an employment contract, an internship agreement, a service or subcontractor agreement or another type of agreement intended to regulate the fulfilment of a task for payment of remuneration within twelve (12) months following his or her last exchange with the company on the Website;
- b) if the company introduces the candidate within twelve (12) months of the last exchange to another person/company and the candidate is subsequently hired, irrespective of whether it is a third party or whether or not it is affiliated with its company; or
- c) if a candidate presented via Talent is not selected by the company or the contract offer submitted by the company is not accepted and then said candidate enters into business relationships with the company for such or another task within twelve (12) months following the last exchange on the Website, whether it is through an employment contract, a service or subcontractor agreement, an internship agreement or another type of agreement intended to regulate a service of any type rendered by the candidate for compensation.
In any case, aside from in exceptional cases as indicated below, the company must pay the costs for Talent’s service, irrespective of whether or not a probation period is agreed upon.
3.2 Amount and conditions of payment of the costs for the service
Talent’s invoices are due with the beginning of the employment relationship; the invoice amount is calculated according to the type of contract concluded and the billing method selected by the company.
Any objection by a company to the billing of service costs must be sent to Talent in writing, providing reasons, by registered letter with confirmation of receipt within fourteen (14) days of the invoice being issued. Alternatively, a reasonable period is agreed. In the absence of such an objection, the company is deemed to have accepted the issued invoice.
3.2.1 Conclusion of an employment contract between candidate and company
The costs of Talent’s service are calculated on the basis of a percentage rate of the gross annual remuneration of the candidate.
The gross annual remuneration is based on the fixed gross annual remuneration, the entire variable remuneration proportion and on bonuses, annual bonuses or other benefits, which are considered parts of the candidate’s wage.
The company has the option of selecting from the two billing methods described below:
Option 1: Payment without deduction – 15% of the gross annual remuneration
The company pays an amount of 15% of the annual gross remuneration indicated in the employment contract of the hired candidate plus VAT which is immediately due on the day when the candidate joins the company.
The corresponding invoice is to be paid immediately by bank transfer or direct debit after the employment relationship begins.
Option 2: Monthly payment – 1.2% of the gross annual remuneration for 18 months.
The company pays costs of 1.2% of the gross annual remuneration of the recruited candidate monthly for a period of 18 consecutive months.
The first payment must take place by guaranteed direct debit on the day when the candidate joins the company. Any further payment takes place by guaranteed direct debit, once a month, and on a fixed date previously specified by Talent, for eighteen (18) months.
The company can select this option only on the condition that it issues Talent with a direct debit authorisation as is required to set up direct debits for monthly payments. The company undertakes to inform Talent in the event of a change in its postal address or bank details.
If the direct debit authorisation is not provided, the ancillary costs under Option 1 are immediately due.
As soon as Talent becomes aware that an agreement has been concluded with the candidate, the company receives an email with a link to a survey by means of which it can fill out its data and invoicing options.
If this information has been provided and the contract documentation mentioned in section 2 of point 2 of these general T&Cs has been provided, the company will receive an email with a summary of the following points: The gross annual remuneration of the candidate, the selected billing method, the date on which the candidate started in the company, and the percentage rate of the gross annual remuneration which represents the costs for Talent’s service.
The company is required to confirm the accuracy of this information within 14 days by clicking on the “I confirm” button included in this email.
If Talent does not receive a reply to this email within 14 days, the points mentioned in the email are deemed to be correct and confirmed by the company. A subsequent change in the information for invoicing is no longer possible from this time.
If the designated email is not answered within 14 days, Talent will automatically issue an invoice according to the information available without there being the option to make changes on the part of the company. The service costs under Option 1 are due immediately as standard.
3.2.2 Conclusion of an internship agreement between candidate and company
Where an internship agreement is concluded between the candidate and the company, Talent’s costs are set as follows:
- payment to Talent of €1,500.00 plus VAT at the beginning of the internship agreement between the candidate and the company;
- further payment to Talent of €3,500.00 plus VAT in the event that within three (3) months of the internship agreement lapsing, an employment contract, a service or subcontractor agreement or another type of agreement is concluded with a view to rendering services for compensation.
3.2.3 Conclusion of a service or subcontractor agreement between candidate and company or another agreement intended to regulate the rendering of a service for compensation
The costs of Talent’s service plus VAT are calculated on the basis of the total amount (net) calculated based on the remuneration which the candidate invoices as part of the contract concluded with the company.
These costs are calculated as follows:
– total amount (net) without taxes of the remuneration invoiced by the candidate to the company = the fees of the candidate x 100/82
– Talent’s costs = total amount – candidate remuneration
Example 1: Candidate remuneration: €500 without tax per day – total amount = 500 x 0.82 = €609.76 without tax per day – Talent’s costs = 609.76 – 500 = €109.76 without tax per day
Example 2: Candidate remuneration: €700 without tax per day – total amount = 700 x 0.82 = €853.66 without tax per day – Talent’s costs = 853.66 – 700 = €153.66 without tax per day
If an unlimited variable fee amount is contained in the agreement, the company undertakes to provide this information to Talent so that Talent can propose a reasonable agreement concerning commission. In the case of any doubt, a minimum fee per day of €800.00 net is deemed as notionally agreed with the candidate, from which Talent’s costs are to be calculated.
If the agreement concluded by the applicant and company is extended, or if it is followed by an employment contract, a service or subcontractor agreement, an internship agreement or an agreement intended to regulate the rendering of a service by the candidate for compensation, Talent’s costs must also be paid as part of this new contract according to these terms of service.
For the purposes of invoicing according to point 3.2.3, the candidate must visit the Website www.talent.io once per month to fill out a working hours record in which he/she truthfully indicates the days worked for the company and gives information about the type of the services performed.
This timesheet is then submitted to the company for confirmation. The confirmation must be given to Talent within a period of at most 7 days following receipt. If confirmation is not given within this period, the timesheet submitted by the candidate is deemed as unreservedly accepted by the company.
Two invoices, one with the candidate’s fee, the other with Talent’s costs, are then issued by Talent or by Talent for the candidate. These invoices are sent by email to the address indicated by the company.
The costs of Talent’s service must be paid by direct debit. To this end, the company provides a direct debit authorisation by means of which Talent receives the required authority to debit the amounts owed.
Payment takes place as follows:
- The company pays by direct debit, via an external payment service set up by Talent, an amount equal to the total amount of (i) the invoice for the remuneration of the candidate and (ii) the invoice for Talent’s costs.
- The payment provider automatically withdraws from the above-mentioned sum (i) the amount of the costs owed by the company to Talent.
- The payment provider transfers to the candidate (i) the amount of the remuneration invoiced to the company.
Special case: Differences of opinion about costs within the framework of a service or subcontractor agreement.
Any difference of opinion between the candidate and the company about the amount of the remuneration owed to the candidate and/or the number of days worked by the candidate, which are indicated by the candidate in the timesheet, leads to the candidate and the company having to adhere to the following procedures:
- within three working days following the first occurrence of a difference of opinion, candidate and company send each other by email the reasons for their differences of opinion and all available proof for their respective viewpoints;
- if, after this three-day period, an agreement has not been reached, the candidate and company each appoint a representative and agree to contact one another in person or by telephone via these representatives in order to find an amicable agreement within three further working days;
- at the end of this period, the candidate and company will communicate the outcome of their amicable agreement to Talent;
- in the event of persistent differences of opinion, the candidate and company will resolve their disputes directly with one another in accordance with the procedure(s) of their choice and will inform Talent of the outcome of this within a reasonable period.
In order to limit the financial consequences of such differences of opinion, it is hereby expressly agreed that the undisputed portion of the fees (that on which candidate and company agree) be collected by the payment provider as well as Talent’s associated costs, as soon as there is an invoice from Talent for this undisputed portion.
If for example a candidate claims to have rendered a service for 20 days, but the company believes that only 17 days have been worked, the undisputed portion of the fees is 17 days of work and Talent’s associated costs will be collected immediately by the payment provider in accordance with the conditions specified in these general T&Cs.
Talent will wait on the outcome of the above described settlement procedure before issuing an invoice for the disputed period. In the event that an amicable agreement is not reached between candidate and company within a reasonable period, Talent has the right, in the case of doubt, to apply a minimum fee per day of €800.00 net deemed as notionally agreed with the candidate, from which Talent’s costs are to be calculated.
Any objection by a company to the billing of service costs must be sent to Talent in writing and justified within fourteen (14) days of the invoice being issued by registered letter with confirmation of receipt. Alternatively, a reasonable period is agreed. In the absence of such an objection, the company is deemed to have accepted the issued invoice.
3.4 Payment default
Talent’s invoices are due immediately following receipt.
In the event of non-payment within thirty (30) days, the amounts owed will automatically and without prior request be charged interest at a rate of 9% points above the respectively applicable base interest rate.
Any amount still not paid on the due date will result in a flat-rate compensation amount of €40.00 automatically having to be paid to Talent. According to Section 288 BGB [German Civil Code], Talent is entitled to demand, subject to proof, an additional compensation amount if the recovery costs incurred exceed the amount of the flat-rate compensation amount.
Talent is entitled in such case to lock the company’s account until the owed amount has been paid.
4. Special cases
4.1 Undisclosed conditions of the employment contract
If the company does not inform Talent within fourteen (14) days after the first of the two following dates about the recruitment of an applicant registered on the website:
– date of the signing of the contract
– date on which the candidate joins the company (employment contract or internship agreement) or date of the start of the services rendered by the candidate (service or subcontractor agreement)
Talent will invoice the company for costs of up to €20,000.00, wherein this amount is due immediately from the day on which the candidate joins the company. The costs in this case are set at the discretion of Talent.
Talent is entitled in such case to lock or delete the company’s account.
4.2 Undisclosed conditions of the service or subcontractor agreement
If the company does not inform Talent within fourteen (14) days after the first of the two following dates about the recruitment of a candidate registered on the website:
– date of the signing of the contract
– date on which the candidate joins the company (employment contract or internship agreement) or date of the start of the services rendered by the candidate (service or subcontractor agreement)
the company is required to pay Talent the invoice amount for the service contracts according to point 3.2.3 on the basis of a candidate fee of €2,000.00 per day. In the absence of any proof provided by the company about the number of days worked by the applicant per month, the total number of working days in the month will be used as the basis.
Talent is entitled in such case to lock or delete the company’s account.
4.3 The candidate is already known to the company.
If a company can prove that, in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the Website, it started an active process with the candidate (as defined below and excluding other definitions or circumstances), the company will be released from the payment of Talent’s costs.
An active process is deemed to exist subject to proof by the company:
1) that it knew the candidate in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the Website (or was requested by them);
2) that the candidate responded positively to the company’s request (or that the company responded positively to the candidate’s application);
3) and that at the time when the company gained knowledge of the profile of the candidate in question on the Website, there was still a negotiation in process between the candidate and the company.
If one of these conditions (1, 2, 3) is lacking or did not occur in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the Website, Talent’s costs must be paid in accordance with the conditions specified in these general T&Cs.
The company hereby acknowledges that in any other case whereby a candidate is recruited via the Website, the costs must be paid to Talent.
5 Talent’s guarantees
If the candidate and the company concluded an employment contract, but are no longer contractually bound to one another within three (3) or six (6) months following the recruitment date of the candidate, irrespective of whether or not it concerns the ending of a probation period, the company must inform Talent immediately.
The company has the following options in such a case:
– If the company has opted for Option No. 1 (payment without deduction): a discount on the future recruitment of a further candidate. This is valid 12 months from the last day on which the outgoing candidate has worked. The amount of the discount corresponds to 100% for three (3) months and 50% for six (6) months, of the sum of the costs paid for the recruitment of the outgoing candidate. If, within these 12 months, there is no recruitment, the discount is lost and under no circumstances will this lead to a reimbursement for the company;
– If the company selected Option No. 2 (monthly payment): the suspensions of the direct debits in the month which follows the day on which Talent is informed about the actual departure of the applicant from the company (without reimbursement of the costs already paid).
Both cases, i.e. the granting of a discount or the suspension of direct debits are subject to the following conditions:
– providing a document to Talent that confirms the departure of the candidate from the company (termination letter, deregistering from social security);
– payment of all costs to be paid by the company in compliance with these general T&Cs;
– the company notifying Talent within 14 days following termination in writing (registered letter or email) of the ending of the employment contract, wherein the term “termination” refers to the date of notice regarding the ending of the employment contract and not to the last day on which the candidate worked;
– that the candidate did not conclude a service or subcontractor agreement, an internship agreement or another agreement concerning the rendering of a service for compensation with the company, one of its subsidiaries or with another group company;
– that the reason for the termination relates exclusively to the qualifications, qualities or the behaviour of the candidate;
– that the candidate was not dismissed by the company for economic reasons;
– that the candidate was not dismissed because the internal strategy of the company was realigned which justifies new requirements for the post in question;
Exempted from the guarantee is the early termination of an internship agreement.
PART 3 – GENERAL PROVISIONS
1. Content published by Users
The Users of the Website are prohibited from publishing content that does not meet the applicable legal regulations, in particular (but not limited to) the following:
- all content that may be illegal, humiliating, violent, threatening, defamatory, insulting, offensive, obscene, infringing upon applicable moral principles, slanderous, hateful, racist, xenophobic, anti-Semitic, sexist, harassing, discriminatory, or which violates private life, human dignity, respect for personal data or the confidentiality or secrecy of correspondence of another person or which encourages illegal activity;
- all content that infringes upon the intellectual property rights of another person;
- all content that is inaccurate or false, in particular in relation to the identity of the Users and their academic and professional qualifications.
If Talent is informed or believes that a User of the Website or content violates applicable law or these general T&Cs, Talent reserves the right to wholly or partially delete the profile in question or the content in question and/or lock or delete the User’s account and/or remove disputed content without prior notice.
Users are invited to message Talent if they believe that an interview request, a profile, a message or other visible content on the Website is obviously unlawful or violates these general T&Cs by sending a message to the following address: email@example.com.
2. Use of the Website
Users are required to use the Website without damaging the Website and without overriding the offered functions. In particular, they hereby undertake:
- not to violate the requirements, procedures, guidelines or regulations of the third-party services used by the Website;
- not to copy, disseminate or share any part of the Website by any means;
- not to download, publish, transfer or disseminate any media containing viruses or other computer codes, files or programs which are aimed at interrupting, impeding or limiting the proper functioning of software, material or other devices in relation to telecommunications;
- not to bring about any impairment to the operation of the Website or its servers;
- not to override user rights, e.g. by attempting to use tools to which you do not have access or by deleting, adding or changing content on the Website;
- not to imitate or copy the identity of a candidate, company or another person associated with Talent;
- not to sell or transfer your account to third parties;
- not to disclose your password to third parties;
- not to use any practices which could resemble spam or would not be fair, such as e.g. the promotion of a website using fake links or the promotion of your own website or your own company by publishing advertisements on your profile.
3. Locking of the account – termination
3.1 Talent’s rights
Talent reserves the right to suspend or delete the access to the account or to the service until full payment of the amounts owed in the event of non-payment by the company of one of the invoices issued by Talent.
Talent reserves the right, in the event of a violation by a User of one of their obligations mentioned in these general T&Cs, to suspend or delete his or her account and the possibility of using the service at any time automatically and without legal clarification, after a request has been sent to the User by email or post, to which there is no reply within eight (8) calendar days following receipt.
3.2 Users’ rights
If Users no longer wish to use the Website and Talent’s service, they can request the deletion of their account at any time.
3.3 Legal consequences of termination
Termination leads to the immediate deletion of all content sent by a User to Talent, provided Talent does not still also require the content to process the contract with the respective company without this forming the basis of a claim by the User.
Irrespective of such termination, the provisions of these general T&Cs continue to apply for the period prior to termination.
4. Talent’s duties
4.1 Accuracy of the information provided by the Users
Although Talent thoroughly reviews the content published by the Users and reserves the right to verify, change, suspend or delete accounts associated with a profile containing inaccurate information without prior notice, Talent does not guarantee the accuracy of this content and information.
In particular, Talent by no means guarantees that it carries out an investigation into the experience claimed by the applicant or the information and content provided.
Talent cannot be held liable on the basis of information and content which could prove false or unlawful.
It is therefore incumbent on the companies alone if they wish to carry out an investigation or undertake all reasonable efforts to verify the qualities, experience and references of the candidates.
4.2 Use of third-party services
The Website allows content from third party services to be published and displayed. Talent assumes no responsibility for such content with respect to Users or third parties.
4.3 No guarantee from Talent
Talent is not responsible for the conclusion of agreements between candidates and companies.
Any exchange and any commitment to conclude an agreement which may be signed between a company and a candidate is the sole responsibility of these parties and excludes Talent’s responsibility.
In general, Talent cannot be held liable for direct or indirect damage resulting from communications, interactions, relationships, agreements or disputes between the candidate and the company. In particular, Talent cannot be held liable if the company and the candidate do not fulfil the agreement, fulfil it poorly or end it, irrespective of whether or not Talent receives costs as part of the agreement.
In cases where the agreement concluded between the applicant and the company is a service or subcontractor agreement or an agreement intended to regulate the fulfilment of a task for payment of remuneration, which is not an employment contract, the candidate bears the sole responsibility for any damage which he/she may cause to the company as part of the fulfilment of his/her task. If necessary, the company can ask the candidate to conclude a contract with an insurance company known to be solvent in order to cover all damages that he/she could cause as part of the fulfilment of his/her activities.
4.4 Availability of the service
Talent reserves the right, for any reason whatsoever, in particular taking into account technical and computer and/or telecommunication and/or maintenance-related difficulties and/or restrictions and cases of force majeure, at any time, and, if necessary, without prior notice, to interrupt access to the Website, to end or to change the functions of use of the Website wherein it is not possible to hold Talent responsible for the consequences of such interruptions or changes.
In general, Talent reserves the right to make changes of any type to the content of the Website.
4.5 Force majeure
Talent is released from any liability if the non-fulfilment of one or all of its obligations mentioned in these terms of service is attributed to a case of force majeure.
For the purposes of these terms of service, force majeure is defined as an unforeseeable and/or unavoidable event which is outside the control of Talent (such as e.g. a failure of the hosting provider).
If force majeure prevents, limits or disrupts the service being rendered in accordance with these general T&Cs or one of Talent’s obligations arising from these terms of service, Talent is released from fulfilling the contractual obligations in question.
5. Intellectual property
The company trademark Talent, all other trademarks, whether in image format or otherwise, illustrations, images, texts, comments and logos on the Website, irrespective of whether or not they are registered, the general structure of the Website and software texts, stationary images or moving images, know-how, designs, illustrations, databases and all other elements of the Website are and remain exclusively the property of Talent.
The same applies to all copyrights, designs, models and patents that are Talent’s property. Any duplication in full or in part, change, removal or use for any reason and on any media is prohibited without the express prior consent of Talent.
Hyperlinks to other internet sites or services of third-party providers may be available on the Website. Talent has no control over these internet sites or their content. The publication of links to other such internet sites absolutely does not mean that Talent approves these sites or the content, products or services offered by them.
7. Personal data
By registering, the user agrees to the storage, processing and use of the data collected on that occasion by Talent. The information about the users is intended for Talent’s use.
This data is intended exclusively for managing the registration of the user and the business relationships between the User and Talent. None of this information is ever shared with a third party. Your personal data is processed in accordance with the data privacy statement at the address https://www.talent.io/privacy.
Unless otherwise agreed, Talent may indicate the name of a company registered on the Website as a reference in a document, whether it is in electronic or another format.
Talent reserves the right to subcontract the services agreed as part of this contract fully or partially to third parties.
The User is prohibited from transferring the rights and duties arising to them on the basis of this contract, in full or in part, without or for compensation.
Please note that the general T&Cs can be changed by Talent at any time. The Users will therefore be asked to check the general T&Cs themselves regularly.
If important or essential changes are made to the general T&Cs for Talent’s service, the site will be updated with the general T&Cs on the Website. If you are registered on the Website, we will also inform you of the changes by email. Any change to the general T&Cs enters into force in relation to new Users of the Website immediately and enters into force fourteen (14) days after publication of the new general T&Cs for existing Users. If you reject the new general T&Cs after you have been informed about a change, you must cease using the Website. Otherwise, your continued use of the Website will be considered as consent to these changes.
These general T&Cs replace earlier versions of Talent’s general T&Cs.
If individual provisions of the contract or these conditions are ineffective or the contract contains gaps, the effectiveness of the remaining provisions will not be affected thereby. An effective provision corresponding to the sense and purpose of the ineffective provision will replace the ineffective provision. In the event of gaps, the provision corresponds to that which would have been reasonably regulated according to the sense and purpose of these general T&Cs, had the matter been considered from the outset.
The fact that Talent does not refer at a determined time to one of the clauses of these terms of service and/or that the user does not fulfil one of their obligations under these terms of service, cannot be interpreted as Talent waiving the right to later refer to one of these clauses or contractual obligations.
Accordingly, other rules may not have priority over these terms of service, unless Talent has expressly agreed to this in writing. Any contrary determination, lodged by a User, is therefore not enforceable against Talent without express consent, irrespective of when Talent became aware of it.
12. Applicable law and jurisdiction
These general T&Cs are subject to the law of the Federal Republic of Germany. All disputes about the existence of the general T&Cs, their validity, interpretation or ending are subject to the exclusive competence of the Berlin courts.
Berlin, May 13th, 2020
Terms of business of talent.io
This is an English translation of our Terms of Service for the Netherlands.
For all legal intents and purposes the official Terms of Service in Dutch will hold.
Click here to view the official Terms of Service for Netherlands in Dutch.
These terms constitute an informal English translation of the Dutch Voorwaarden Talent.io. In case of inconsistency
between the official Dutch Voorwaarden and these terms of Business in English, the Dutch version shall prevail.
Talent.io Netherlands B.V. operates a talent platform in the Netherlands that aims to connect jobseekers and
Candidate: a jobseeker registering on the Platform by means of creating a user account.
Contract: has the meaning as defined in article 1.1
Employment Agreement: has the meaning as defined in article 3.3
Employer: every employer registering on the Platform by means of creating a user account.
Interview Request: has the meaning as defined in article 3.1
Parties: Talent.io and every User together.
Platform: the talent platform offered by Talent.io through the website https://www.talent.io that
allows Candidates and Employers to register and connect with the purpose of concluding an Employment Agreement.
Talent.io: Talent.io Netherlands B.V., a limited liability company with address Plantage Middenlaan
62, 1018 DH, Amsterdam, and registered in the Dutch Chamber of Commerce (Kamer van Koophandel) with number 72570199.
User: every Candidate and Employer.
1. Registration and applicability of these terms
1.1 After a User has created a user account on the Platform, the User will receive a confirmation link at the e-mail
address provided by User. The moment a User activates his user account by clicking on the confirmation link, a
contract is concluded between Talent.io and the User to which these terms and the privacy statement of Talent.io
(https://www.talent.io/privacy) apply (the Contract).
1.2 The (general) terms of a User are explicitly not applicable to the Contract, unless Talent.io by way of
exception expressly agrees to these in writing.
1.3 Talent.io reserves the right to, without prior permission, amend these terms at all times. Talent.io will inform
every User about such amendment. An amendment is deemed to have been tacitly (stilzwijgend) accepted by a User,
unless a User has objected against the amendment by post or via e-mail (please see article 12.2 for the contact
details of Talent.io).
1.4 A User is obliged to provide complete and accurate information that has been provided truthfully and shall only
create a single user account on the Platform.
1.5 Users and the information they provide will not be checked by Talent.io, but Talent.io expressly reserves the
right to at any times carry out such checks. An Employer will be responsible for verifying any skill, experience or
reference provided by a Candidate if applicable.
2. Use of the Platform
2.1 A User is not permitted to use the Platform (a) for other purposes than meant for by Talent.io and (b) in
conflict with these terms or the (financial) interests of Talent.io.
2.2 Talent.io reserves the right to offer use of the Platform to anyone, including to (legal) persons being
potential competitors of a User.
2.3 Talent.io reserves the right to, without prior notice, block a user account or deny a User access to the
a) a User has provided false, inaccurate, outdated, obsolete or incomplete information on the Platform and despite
prior notice of default has not provided a timely correction;
b) a Candidate repeatedly fails to reply within 48 hours to an Interview Request in accordance with article 3.1;
c) a User shares inappropriate or unlawful content on the Platform or with other users; or,
d) a User breaches any of the terms of the Contract.
3. Interview Request and Employment Agreement
3.1 The profile of a Candidate is visible on the Platform after the profile has been approved by Talent.io. From the
moment the profile of a Candidate is visible on the Platform, Candidate can receive requests from Employers to
participate in their selection procedure (the Interview Request). An Interview Request contains a salary offer and
possibly a job description. A Candidate is obliged to reply to the Interview Request within 48 hours. A Candidate is
allowed to accept multiple Interview Requests.
3.2 After sending an Interview Request, but prior to and during the selection procedure, an Employer is obliged to
solely communicate with the Candidate via the Platform.
3.3 After a Candidate has completed the selection procedure of the Employer, the Employer may verbally or in
writing, offer the Candidate to conclude a contract of employment. A Candidate may accept such offer verbally or in
writing, after which an employment agreement will have been concluded between the Candidate and the Employer (the
3.4 From the moment the Employment Agreement has been concluded the commission payable by Employer as set out in
article 4.2 is due to Talent.io
3.5 Talent.io is no, and will never be or become, a party to an Employment Agreement. Talent.io shall never be
regarded an employer of a Candidate. Talent.io does not in any way guarantee the conclusion of an Employment
Agreement or the enforcement thereof.
3.6 A selection procedure ends the moment (a) an Employment Agreement is concluded between an Employer and a
Candidate, or (b) a User or Talent.io ends the selection procedure through the Platform.
4.1 A Candidate may use the Platform free of charge.
4.2 A commission for the use of the Platform is payable by an Employer to Talent.io from the moment an Employment
Agreement has been concluded (the Commission). The amount of Commission (excluding VAT (BTW)) shall be calculated as
A one-off Commission of 15% of the Candidate’s Annual Gross Salary as specified in the Employment Agreement (the
Annual Gross Salary).
The Annual Gross Salary consists of any and all variable components of the salary as well as all performance based
annual premiums. Should an Employer and Candidate agree a salary lower than market terms in exchange for shares or
(virtual) stock options in the company, Talent.io reserves the right to calculate the Commission based upon the
as initially offered to the Candidate in the Interview Request instead of the actual Annual Gross Salary as received
by the Candidate.
4.3 Should the Employment Agreement end within three months after the commencement date of the Employment Agreement
(due to for example termination (opzegging) or dissolution (ontbinding)), the Employer has a right to a restitution
of the Commission paid to Talent.io in the form of credit (the Restitution Credit). The paid Commission will only be
restituted for credit when (a) the Employer has given written notification of termination of the Employment
Agreement within 10 days after such termination (beëindiging), and (b) the Employment Agreement has been terminated
(beëindigd) for reasons caused by the Candidate.
4.4 The Restitution Credit shall, and can only, be offset against future Commission payable by an Employer to
Talent.io, at the sole discretion of Talent.io.
4.5 The Restitution Credit lapses by operation of law when an Employer or its affiliate (re)hires the Candidate
within 12 months after the termination of the Employment Agreement.
4.6 A Commission is also payable by the Employer to Talent.io when:
an Employment Agreement is concluded subject to one or more conditions precedent;
an Employment Agreement is concluded between Candidate and Employer within 12 months after a selection procedure, as
meant in article 3.5 ended; or
an Employer introduces the Candidate to a third party and this third party hires the Candidate within 12 months after
a selection procedure, as meant in article 3.5 ended.
4.7 Should an Employer hire multiple Candidates, the Commission is payable for each and every Employment Agreement
4.8 Talent.io will invoice the Commission payable by Employer within seven days after commencement of the Employment
Agreement of a Candidate. The invoiced amount is due immediately and must be paid within 30 days after receipt of
the invoice. Talent.io is entitled to charge statutory interest (wettelijke rente) (calculated monthly) on the
invoiced amount in the event of late payment.
4.9 Regardless article 4.3, Employer is not allowed to offset any Commission payable against any receivables from
Talent.io or to exercise a right of retention. Any (legal) costs incurred by Talent.io to obtain payment of an
invoice shall be borne by the Employer.
5. Obligation to inform
5.1 A Candidate shall be obliged to inform Talent.io without delay when this Candidate has accepted a job offer from
an Employer (or its affiliate) after getting in touch with this Employer or having exchanged contact details trough
via the Platform.
5.2 In addition, a Candidate is obliged to disclose the essentials of the Employment Agreement (including salary,
signing date of the Employment Agreement, duration of the Employment Agreement and the commencement date of
employment) to Talent.io without delay.
5.3 The obligation to inform Talent.io of the details as referred to in article 5.1 and 5.2 also applies to the
5.4 A breach of this article 5 by an Employer means this Employer shall be liable to pay a one-off fine of a total
of 7.5% of the Annual Gross Salary as initially offered by the Employer to the Candidate in the Interview Request.
This fine shall by no means restrict the possibility for Talent.io to claim additional damages from the Employer in
6. Contract term and termination
6.1 A User may terminate the Contract at all times without having to take into account any notice period.
6.2 Talent.io may terminate the Contract taking into account a notice period of a full month, giving notice before
the end of each month.
6.3 A User may terminate the Contract by cancelling his user account on the Platform or by written notice to
6.4 Upon termination of the Contract, access to the Platform will be blocked immediately (or after expiry of the
notice period). Termination on any legal basis is without prejudice to existing payment obligations.
7. Liability talent.io
7.1 Talent.io shall not be liable for any damage suffered by a User as a result of the use of the Platform or the
execution of the Contract, unless the damage is a direct result of the intent or wilful recklessness of Talent.io.
7.2 Talent.io cannot be held liable for damages caused by the wrongful use or misuse of, or technical malfunction or
faults in the Platform.
7.3 The Platform may contain links to third party websites that are out of the control of Talent.io. Talent.io shall
not be liable for damages resulting from the use of third party websites. Use of the services or products of third
parties is entirely at the User’s own risk.
7.4 Should Talent.io be held liable for any damage, the damage shall be limited to the amount in Commission last
paid by Employer to Talent.io, or the maximum amount covered by Talent.io’s liability insurance policy.
8. Intellectual property
All intellectual and industrial property rights to the Platform are owned by Talent.io or its licensees. A User only
obtains the user rights and authorizations necessary for proper use of the Platform. A User may not provide the
Platform to any third party or otherwise trade the Platform without prior consent of Talent.io.
9. Third parties
Talent.io expressly reserves the right to instruct third parties to perform all or part of the performance of the
Contract. The data of a User will only be made available to these third parties in the context of the purpose of the
10.1 Parties shall treat all information received back-and-forth confidentially. This obligation excludes:
information that (a) is generally known (information that is publicly accessible to third parties), (b) is lawfully
disclosed by third parties or (c) must be provided at the request of the authorities or other government
institutions, or any information that for advisory purposes must necessarily be communicated to advisors of the
Parties or to other persons legally sworn to secrecy by law.
10.2 Talent.io is entitled to during the term of the Agreement and after its termination, use (or continue to use)
company names and the recognizable brands of Users free of charge for reference purposes.
11.1 For the use of the Platform a User is obliged to create a user account and provide (among other things) a name,
e-mail address, telephone number and password.
11.2 Talent.io processes personal data (persoonsgegevens) of a User. This processing takes place in accordance with
the privacy statement of Talent.io, which can be consulted via https://www.talent.io/privacy.
11.3 Talent.io shall not be liable for the processing of personal data of a User by another User.
12. Contact details
12.1 All written communication addressed to Talent.io is preferably sent by e-mail to the e-mail address as shown in
article 12.2, unless this is not possible due to the nature of the communication.
12.2 The contact details of Talent.io are as follows:
Talent.io Netherlands B.V.
Address: Plantage Middenlaan 62, 1018 DH, Amsterdam
E-mail adress: firstname.lastname@example.org
13.1 After termination of the Contract the articles 4.6 and 10 remain in full effect.
13.2 Should any provision of the Agreement be deemed null and void or be nullified, the other provisions of the
Contract shall remain in full effect. The invalid or voided provision will – after mutual consultation with a User –
be replaced by Talent.io by a provision that does as much as possible resemble the intent of the void or voided
13.3 The Contract is governed by Dutch law.
13.4 Any disputes arising as a result of this Contract or these terms will be submitted to the competent court of
the place of residence of the User or any other competent court according to the law, after Parties have tried to
find a mutual solution.
KEY POINTS OF OUR TERMS of SERVICE (“ToS”)
Only our full ToS (as set out below) have contractual value. However, in order to enable you to quickly understand our offer, we have summarised the main points:
Talent.io offers a service linking Candidates and Recruiters through the website https://www.talent.io.
Terms applicable to Candidates are set out in Parts 1 and 3 of the ToS. Terms applicable to Recruiters are set out in Parts 2 and 3 of the ToS.
An offer free of charge to Candidates and contingent on success for Recruiters
The service provided by Talent.io is free of charge to Candidates.
Access to the website www.talent.io is free of charge. Talent.io invoices service charges to a Recruiter only when the Recruiter and Candidate enter into an agreement.
Our service charges on a case-by-case basis
The Recruiter and the Candidate sign an employment contract:
Talent.io shall invoice the Recruiter 15% of the Candidate’s gross annual remuneration outright, on the date on which the Candidate joins the personnel.
If you wish to optimise your cash flow, Talent.io offers you the option of paying 1.2% of the Candidate’s gross annual remuneration every month, for 18 months (instead of 15% outright). In the event of the Candidate’s departure, monthly invoicing shall be suspended in the month following Talent.io’s notification by the Recruiter (on presentation of documentary proof). In order to benefit from this option, the Recruiter is obliged to complete a direct debit mandate authorising Talent.io to automatically debit the sums due each month.
The Recruiter will be requested to transmit its invoicing preferences. In the absence of a response from the Recruiter, the option of a single payment in full on receipt of Talent.io’s invoice will be applied by default.
The Recruiter and the Candidate sign an internship agreement:
Talent.io shall invoice £1500 plus VAT as service charges, payable in full, on the date on which the Candidate joins the personnel as an intern. In the event that, following the internship, the Candidate is recruited as an employee, Talent.io shall invoice £1500 plus VAT as additional service charges.
Duty of loyalty regarding information
As a Recruiter or Candidate using our website, in the event that you enter into any Agreement with a person registered on the website within a period of 12 months following your exchanges on our platform, you shall agree to inform Talent.io of the details governing the agreement and to provide a copy of it, so that service charges can be invoiced.
OUR FULL ToS
Version published on 15/11/2019
This document constitutes the Terms of Service of the website www.talent.io and more generally of the service provided by Talent.io UK Limited (hereinafter referred to as “Talent.io”).
It should be noted that Talent.io’s Terms of Service may be modified at any time: users are therefore invited to consult them on a regular basis.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON “I ACCEPT”, YOU ARE MAKING THE FOLLOWING DECLARATIONS:
(2) YOU ARE OF LEGAL AGE TO ENTER A CONTRACT WITH TALENT.IO, AND (3) YOU HAVE THE AUTHORITY TO ENTER A CONTRACT IN A PERSONAL CAPACITY OR ON BEHALF OF THE COMPANY MENTIONED AT THE TIME OF YOUR REGISTRATION.
Talent.io offers a service linking Candidates and Recruiters through the website https://www.talent.io (hereinafter referred to as the “Service” and the “Website”).
“Candidate” refers to any natural or legal person which requests its registration on the Website in order to find new professional opportunities there.
“Recruiter” refers to any natural or legal person which requests its registration on the Website in order to be put in contact with Candidates.
The Candidates and the Recruiters interact on the Website by means of their Profile.
“Profile” refers to all content (information and any file including photos, curriculum vitae, etc.) published by a Candidate or by a Recruiter in order to present itself and to interact on the Website.
“Regulations” means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).
PART 1 – PROVISIONS APPLICABLE TO THE CANDIDATE
1 – Functioning of the Service
Talent.io is a service free of charge to the Candidate which is intended to enable you to discover new professional opportunities efficiently and quickly.
After registering yourself on the Website and once your registration has been approved by Talent.io, you will be able to use and benefit from the Service.
The Service will enable you to receive Interview Requests from the Recruiter(s). An “Interview Request” is a message sent by a Recruiter to a Candidate in order to inform it of its interest in its Profile.
Subsequently, in the event that your exchanges with the Recruiter(s) are conclusive, you will be able to enter into an Agreement with the company represented by the Recruiter.
This “Agreement” may take the form of (i) an internship agreement, if the Candidate is a student or obtained its final diploma less than six months previously or (ii) an employment contract or, or any type of agreement intended to govern the performance of a mission by the Candidate in return for payment of remuneration.
Only the conclusion of such an Agreement shall create mutual obligations between the Candidate and the Recruiter.
2 – Registration process
At the time of your registration, you will be asked to create an account and to complete your Profile, by indicating your name, contract details (including email address and telephone number) your educational background, your professional experience, your skills and your remuneration expectations.
In order to ensure the reliability of the Service, you shall undertake, upon your registration (i) to provide only information about your situation which is accurate, given in good faith and up-to-date, and to provide your true identity (ii) never to hold more than one account on the Website. We may also allow you to use a third-party service such as GitHub, LinkedIn or Twitter to register. If you do so, you confirm that the information contained in such third-party services is current and accurate and can be used for the purpose of your registration under these ToS.
Talent.io reserves the right to request, at any time:
- A document proving your identity;
- In the event that you conduct business through a personal service company, a copy of that company certificate of incorporation from the register of companies at Companies House, as well as documentary proof of authority granted by the company to the natural person who carried out registration in its name.
In the event that, despite such a request, such documentary proof is not provided, Talent.io reserves the right to suspend or delete your account.
We will review the information you provide us with during the registration process and we may also examine any other information about you that is publicly available. It is also possible that Talent.io may call you on the number that you will have provided to it, in order to discuss your Profile, before approving your registration.
However, Talent.io reserves the right, at its sole discretion, to accept or refuse any request for registration on the website, in particular after having consulted the information about you which is freely available.
If your registration is accepted, you will be allowed to use our Service.
3 – Contractual freedom of the Candidate
Registration on the Website and access to the Service do not give rise to any obligation of the Candidate to accept an Interview Request or an Agreement of any kind whatsoever.
Only the conclusion of an Agreement between yourself and a Recruiter will create mutual obligations. The terms of the Agreement (remuneration offered, duration and type of mission) shall be freely discussed by the Candidate and the Recruiter, without Talent.io’s involvement in this discussion.
4 – Transparency and duty to provide information
As a Candidate using our Website, in the event that you enter into an Agreement with a Recruiter, you hereby accept the following:
(i) To inform Talent.io, immediately and without delay, of the date of signature of the Agreement (and to notify Talent.io of any modification),
(ii) To provide Talent.io with a copy of the agreement or confirmation of employment (letter, email) or even to draw up a document between yourself and the Recruiter specifying the main conditions of the concluded agreement (remuneration/ fees, duration, etc),
(iii) To inform Talent.io, immediately and without delay, in the event that you cease to be contractually bound by the Recruiter within Twelve (12) months following the date of signature of the employment contract, irrespective of the reason.
Where it is confirmed to us that you have been offered a role by a Recruiter following use of the Service and we then receive or obtain information within 3 months of such confirmation which indicates that you are or may not be suitable for that role, we must inform the Recruiter of that without delay to satisfy our obligations under the Regulations. We accept no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.
If any vacancy means that you would be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), as set out more fully in the regulation 24 of the Regulations, then (i) the Recruiter is responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) it must notify to us that it will provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to you the required information under the Regulations. However, Talent.io accepts no responsibility or liability where the Recruiter fails in its obligations to us.
PART 2 – PROVISIONS APPLICABLE TO THE RECRUITER
1 – Registration process – functioning of the Service
At the time of your registration, you will be asked to create an account and to complete your Profile, by providing the following information (which will also be made available to Candidates):
- your company name, trading name and the nature of your business;
- the intended start date and intended duration of the work;
- the position and type of work the successful Candidate will be required to do;
- the location at which the successful Candidate will work and the hours of work expected of them;
- any relevant health and safety risks and what steps you have taken to prevent or control such risks;
- the experience, training and qualifications and any authorisation which you consider are necessary, or which are required by law, or by any professional body which the Candidates must possess in order to do the work;
- any expenses payable by or to the successful Candidate;
- the minimum rate of pay and any other benefits to be offered and the intervals of payment; and
- the notice period that the successful Candidate must give and receive for the role to be terminated.
Registration for the Service is free.
In order to ensure the reliability of the Service, you shall undertake, upon your registration (i) to provide only information about your situation which is accurate, given in good faith and up-to-date, and to provide your true identity (ii) never to hold more than one account on the Website.
In order to facilitate your registration, Talent.io may suggest that you use a third-party service.
In such case, you shall undertake that all information provided to such third-party service is also accurate, given in good faith and up-to-date, in order to guarantee the reliability of the Service.
After Registration, Talent.io will conduct a review of your Profile and may request, if it considers it necessary, any document which would enable it to verify that the information entered in your Profile conforms to the reality. Failure to respond to such a request from Talent.io can justify refusal to register the Recruiter. Talent.io also reserves the right, at its sole discretion, to accept or refuse any request for registration on the Website.
After registering and completing your Profile, the Service will enable you to have access to and review Candidates’ Profiles online on the Website as well as to create one or more searches to specify the type of Candidate you are seeking. You will be able to make Interview Requests to Candidates who have caught your attention. Any Interview Request is required to include (i) the type of Agreement envisaged (internship, employment contract, service agreement) (ii) a description of the role and (iii) the remuneration proposed. These Interview Requests simply constitute an invitation to enter into dialogue, without contractual value.
The Recruiter undertakes only to communicate with the Candidate via the Website, until acceptance of an Interview Request by the Candidate.
If the Candidate is interested in the Interview Request and accepts it, a standard recruitment process begins which can include one or more interviews, whether conducted in-person or remotely.
As of such acceptance, Candidates and Recruiters will have the possibility to use other means of communication.
Only the conclusion of an Agreement between yourself and a Candidate will create mutual obligations; information must then be transmitted to Talent.io and Service Charges will be payable, in accordance with clause 3 of Part 2 of the ToS.
Finally, it is hereby stipulated that the terms of the Agreement (remuneration proposed, duration and type of role) shall be freely discussed by the Candidate and the Recruiter, without Talent.io’s involvement in this discussion.
Upon hiring the Candidate, the Recruiter shall be responsible for carrying out all formalities required in relation to the administration and with regard to the Candidate.
The Recruiter must in particular verify the nationality of the Candidate and, where necessary, ensure prior to hiring that it is in possession of a valid work permit.
The Recruiter undertakes not to use the Website to find a Candidate and subsequently to sign an Agreement independently of the Website, whether with the aim of avoiding payment of Talent.io’s Service Charges in relation to the provision of services by Talent.io or for any other reasons.
Failure to do so exposes the Recruiter to liability for payment of additional costs, as provided in clause 3 of Part 2 of the ToS.
The Recruiter also undertakes (i) not to disclose to third parties, or publicly, the names and identities of the Candidates whose Profiles it has found during the Recruitment Process and (ii) to take the necessary physical, technical and administrative measures to protect the content obtained through the Website against loss, improper use, unauthorised access, disclosure, alteration or destruction.
2 – Recruiter’s duty to provide information
As a Recruiter using our Website, in the event that you enter into an Employment Contract, a Service or Sub-contracting Agreement, or an agreement of any type intended to govern the performance of a service in return for payment of remuneration, whether permanent or of a fixed term, with a Candidate, you hereby accept the following:
(i) To inform Talent.io, immediately and without delay, of the date of signature of the Agreement (and to notify Talent.io of any modification),
(ii) To provide Talent.io with a copy of the Agreement or of confirmation of employment (letter, email) or even to draw up a document between the Candidate and yourself specifying the main conditions of the agreement (remuneration, duration, etc.),
(iii) To inform Talent.io, immediately and without delay, in the event that you cease to be contractually bound by the Candidate within eighteen (18) months following the date of signature of the Agreement, irrespective of the reason.
Where it is confirmed to us that a Candidate has been successful in applying for a vacancy with you and we then receive or obtain information within 3 months of the introduction which indicates that he/she is or may not be suitable for that role, we will inform you of that without delay to satisfy our obligations under the Regulations. Talent.io accepts no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.
If the employment terms offered to a Candidate in relation to a vacancy include that a Candidate will be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), as set out more fully in regulation 24 of the Regulations, then (i) you are responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) you must notify to us the fact that you are to provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to the Candidate the required information under the Regulations.
3 – Service Charges
By accepting the ToS, the Recruiter undertakes to pay the Service Charges where they apply, in accordance with these ToS.
Talent.io reserves the right to modify at any time its rates and invoicing methods, after having updated these ToS and having informed you by electronic mail or through the Website.
3.1 – Liability for Service Charges
Talent.io’s Service Charges will be payable in full by the Recruiter in the following cases:
- a) If a Candidate identified through use of our Website enters into an Agreement within twelve (12) months of its last exchange with the Recruiter on the Website;
- b) If the Recruiter introduces the Candidate to another individual/company, irrespective of whether it is a third-party and whether or not it is affiliated to its company, within twelve (12) months of their last exchange on the Website;
- c) If the Candidate introduced by the company Talent.io is not selected by the Recruiter or does not accept the Agreement proposal issued by the Recruiter and subsequently it does enter into an Agreement with the Recruiter for such role or any other role, whether through an employment contract, a service or sub-contracting agreement, an internship agreement or any agreement intended to govern the performance by the Candidate of a service in return for remuneration, within twelve (12) months following their last exchange on the Website;
In any case, except in a specific case as specified hereunder, Talent.io’s Service Charges shall be payable, regardless of whether a trial period is specified.
3.2 – Amount and terms of payment of Service Charges
Talent.io’s invoices are payable within 14 days of the date of the invoice, the amount being calculated according to the type of contract concluded and the options which may have been selected by the Recruiter.
3.2.1 – Conclusion of an Employment contract between Candidate and Recruiter
Talent.io’s Service Charges shall be calculated based on a percentage of the gross annual remuneration.
The Gross Annual Remuneration refers to the fixed gross annual remuneration, the entire variable portion of remuneration, as well as any bonus, annual premium or other advantage constituting all the components of the Candidate’s salary.
You have the possibility to choose between the two modes of payment described below:
Option 1: Single Payment – 15% of the Gross Annual Remuneration
The Recruiter shall pay a sum amounting to 15 % of the Gross Annual Remuneration specified in the employment contract(s) of the hired Candidate, on the date on which the Candidate joins the Recruiter’s personnel.
The corresponding invoice must be paid by bank transfer, in accordance with clause 3.2 of Part 2 of the ToS.
Option 2: Monthly payment – 1.2% of the Gross Annual Remuneration for 18 months
The Recruiter shall pay on a monthly basis, for a period of 18 months, Service Charges amounting to 1.2% of the Gross Annual Remuneration of the hired Candidate as at the date on which the Candidate joins the Recruiter’s personnel.
The first payment must be made by guaranteed direct debit within 14 days of the date of the Recruiter’s invoice. Each subsequent payment will be made by guaranteed direct debit, once a month, on a fixed date which has been previously agreed with Talent.io, for eighteen (18) months.
The Recruiter can only choose this option on condition that it completes a direct debit mandate, as required to set up direct debits of monthly payments. It also undertakes to inform Talent.io in the event of modification to its mailing address or bank details.
Failure to transmit the mandate will result in Service Charges being payable in full, in accordance with Option 1.
Once Talent.io is aware that an Agreement with the Candidate has been concluded, you will receive an email with a link to a questionnaire enabling you to fill in your information and invoicing choices.
When this information has been provided and the contractual documents referred to in clause 2 above have been provided, you will receive an email summarising the following items: Candidate’s Gross Annual Remuneration, invoicing option chosen, date on which the Candidate joins the Recruiter and percentage of the Gross Annual Remuneration which constitutes the Service Charges.
You are required to confirm the accuracy of this information within 7 days by clicking on the button “I confirm”, incorporated in such email.
In the absence of a response to such email within 7 days, the above-mentioned items will be deemed accurate and confirmed by you. It will no longer be possible to modify invoicing preferences.
Finally, in the absence of a response to the questionnaire within 7 days, Talent.io will automatically issue an invoice in accordance with the information in its possession, without any possibility of further modification. By default, Service Charges shall be payable according to Option 1.
3.2.2 – Conclusion of an internship agreement between Candidate and Recruiter
In the framework of the conclusion of an internship agreement between the Candidate and the Recruiter, the amount of Service Charges shall be determined as follows:
- Payment to Talent.io of a sum of £1500 plus VAT, at the start date of the internship agreement between the Candidate and the Recruiter;
- Payment to Talent.io of Service Charges of £1500 plus VAT in the event that an employment contract, service or sub-contracting agreement or any other type of agreement intended to govern the performance of a service in return for remuneration is concluded within three (3) months of the end date of the internship agreement.
3.3 – Dispute
Any disagreement by the Recruiter concerning the invoicing of Service Charges must be notified in writing to Talent.io by registered mail within eight (8) days of the date of issue of the invoice, setting out full details of any dispute. In the absence of such a notice, the Recruiter will be deemed to have accepted the invoice issued.
3.4 – Payment delay
Except where Option 2 has been chosen pursuant to clause 3.2.1 of Part 2 of the ToS, Talent.io’s invoices are payable within 14 days of the date of invoice.
In the absence of payment within fourteen (14) days, the sums owed will automatically and without prior formal notice give rise to monthly interest amounting to the 5% above the Bank of England base rate from time to time.
4 – Specific cases
4.1 – Non-disclosed conditions of the employment contract
If the Recruiter fails to inform Talent.io of the recruitment of a Candidate registered on the Website within fourteen (14) days of the earlier of the following two dates:
– date of signature of the contract;
– date on which the Candidate joins the Recruiter’s personnel (employment contract or internship agreement) or start date of services carried out by the Candidate (service or sub-contracting agreement),
Service Charges will be invoiced in the sum of up to £20,000, such sum being payable outright, from the date on which the Candidate joins the Recruiter’s personnel.
The Recruiter also risks the suspension or deletion of its account by Talent.
4.3 – Candidate already known to the Recruiter
If a Recruiter can establish that it had started an Active Process (as defined below and excluding any other definition or circumstance) with the Candidate in the three months prior to the date on which the Recruiter became aware of the Profile of the Candidate concerned on the Website, the Recruiter will be exempted from payment of Talent.io’s Service Charges.
An “Active Process” consists of proof, provided by the Recruiter, of the fact:
- that it solicited (or was solicited by) the Candidate in the 3 months prior to the date on which the Recruiter became aware of the Profile of the Candidate concerned on the Website;
- that the Candidate responded positively to its solicitation (or that the Recruiter responded positively to the solicitation of the Candidate);
- and that a discussion was still ongoing between the Candidate and the Recruiter at the date on which the Recruiter became aware of the Profile of the Candidate concerned on the Website.
If none of these conditions occurred in the 3 months prior to the date on which the Recruiter became aware of the Profile of the Candidate concerned on the Website, Talent.io’s Service Charges shall be payable under the terms set out in these ToS.
The Recruiter hereby agrees that in any other case in which a Candidate is hired through the Website, Talent.io’s Service Charges shall be payable.
5 – Guarantee provided by Talent.io
If, in the case in which the Candidate and the Recruiter had entered into an Agreement in the form of an employment contract under clause 3.2.1 of Part 2 of the ToS, the Candidate ceased to be contractually bound to the Recruiter within three (3) months following the Candidate’s starting date, whether or not as a result of termination of a trial period, the Recruiter must contact Talent.io as soon as possible to inform it of this.
The Recruiter will then have the possibility to request from Talent.io:
– if it chose option No. 1 (single payment): a refund of Service Charges paid by it in respect of the recruitment of said Candidate;
– if it chose option No. 2 (monthly payment): the discontinuance of direct debits in the month following the date on which Talent.io is notified of the effective departure of the Candidate from the Recruiter’s personnel (without reimbursement of the Service Charges already paid).
In both of these cases, the issuance of a refund or the discontinuance of direct debits is subject to the following conditions:
- Provision to Talent.io of a document confirming the Candidate’s departure from the personnel (Resignation letter, form P45);
- That all sums payable by the Recruiter have been paid in accordance with these Terms of Service;
- That the Recruiter notified Talent.io, in writing (registered letter or email), of the end of the employment contract within 14 days of the termination, the term “termination” referring to the date of notification of termination of the employment contract and not the last day the Candidate worked;
- That the Candidate has not concluded with the Recruiter, one of its subsidiaries, or another company in the group, a service or sub-contracting agreement, an internship agreement or any other agreement governing the performance of a service in return for remuneration;
- That the reason for termination is solely based on the qualifications, attributes or conduct of the Candidate;
- That the Candidate has not been made redundant on economic grounds;
- That the Candidate has not been made redundant due to a new orientation of the Recruiter’s internal strategy justifying new requirements for the post concerned;
It shall be noted that no guarantee (and in particular, no possibility of converting the Service Charges paid into a credit note) shall be offered by Talent.io in the case of premature termination of the internship agreement.
PART 3 – GENERAL PROVISIONS
1 – Content published by users
Users are hereby strictly prohibited from publishing content which does not conform to the legislation in force, including in particular (but not limited to) the following:
- any content which may be illegal, degrading, violent, threatening, defamatory, offensive, obscene, contrary to accepted principles of morality, libellous, hateful, racist, xenophobic, antisemitic, sexist, which may amount to harassment, discrimination, which may infringe another person’s private life, human dignity, respect of personal data, confidentiality or secrecy of correspondence or which may promote illegal activity.
- any content violating the intellectual property rights of another person;
- any content which is incorrect or falsified, in particular in relation to users’ identities and their educational and vocational qualifications;
If Talent.io is informed or considers that a user of the Website or a content does not comply with the law or these ToS, Talent.io reserves the right to delete all or part of the Profile or the contentious content, and/or to suspend or delete the user’s account from the Website, and/or to moderate any contentious content without prior notification.
You must alert Talent.io if you consider that an Interview Request, a Profile, a message or any other visible content on the Website is patently unlawful or violates these ToS by sending a message to the following address: email@example.com
2 – Use of the Website
You are required to use the Website without seeking to harm the Website and without exceeding the functions proposed. In particular, you hereby undertake:
- Not to contravene the requirements, procedures, policies or regulations of third-party services used by the Website;
- Not to copy, not to distribute and not to disclose any part of the Website by any means whatsoever;
- Not to download, not to publish, not to transmit or disseminate media containing viruses or any other computer code, file or programme designed with the aim of interrupting, impeding or restricting the proper functioning of any software, material or other equipment relating to telecommunications;
- Not to interfere with or impede the functioning of the Website or its servers;
- Not to go beyond your user prerogatives, for example by attempting to use tools to which you do not have access or by erasing, adding or modifying Website content;
- Not to imitate or usurp the identity of a Candidate, Recruiter or any other person affiliated with Talent.io;
- Not to sell and not to transfer your account to third parties;
- Not to disclose your password to anyone;
- Not to employ practices which could resemble spam, or which would not be fair, such as the promotion of a website through false links, or the promotion of your own website or business by publishing advertisements in your profile.
3 – Suspension of access – Termination
3.1 – On the initiative of Talent.io
Talent.io reserves the right, in the case of non-payment by the Recruiter of one of the invoices drawn up by Talent.io, to suspend or even to delete its access to the account or to the Service, until full payment of the sums owed.
In general, in the case of a breach by a user of one of its obligations specified in these Terms of Service, Talent.io reserves the right to suspend or delete its account and its capacity to use the Service at any time, automatically and without judicial formality, after sending by electronic mail or postal service a formal notice to which there has been no response in a period of eight (8) calendar days of its receipt.
3.2 – On the initiative of any User
If you no longer wish to use the Website and the Service, you can at any time request the deletion of your account.
3.3 – Effects of termination
Termination will give rise to the immediate deletion of any content that you submitted to Talent.io, without providing the basis for any claim by the user.
Notwithstanding such termination, the provisions of these ToS, in relation to the period prior to the termination, will continue to apply.
4 – Talent.io’s Duties
4.1 – Accuracy of the information provided by the users
Although Talent.io thoroughly examines the content published by the users and reserves the right to screen, modify, suspend or delete without notice any account linked to a Profile containing inaccurate information, Talent.io does not guarantee the accuracy of such content and information.
More specifically, Talent.io does not guarantee under any circumstances that it will conduct any investigation into the experience claimed by the Candidates, or the information and content provided.
Talent.io cannot under any circumstances be held liable on the basis of information and content which may be found to be incorrect or unlawful.
It is therefore incumbent on the Recruiters alone, if they so wish, to carry out an investigation or to employ all reasonable endeavours to verify the attributes, experience and references of the Candidates.
4.2 – Use of third-party services
The Website allows the publication and display of content from third party services. Talent.io bears no responsibility to the users, or to third parties, for such content.
4.3 – Absence of guarantee from Talent.io
Talent.io does not under any circumstances guarantee the conclusion of Agreements between Candidates and Recruiters.
Any exchange, and any promise to enter into an Agreement which may be signed between a Recruiter and a Candidate is the sole responsibility of these parties and excludes that of Talent.io.
More generally, Talent.io cannot be held responsible for any damage, whether direct or indirect, resulting from any communication, interaction, relation, agreement or dispute between Candidate and Recruiter. In particular, Talent.io, which is not party to the Agreement, cannot be held liable in the event of non-performance, poor performance, or termination of the Agreement by the Recruiter or the Candidate, regardless of whether or not Talent.io receives Service Charges under the Agreement.
Should a Candidate or Recruiter fail to satisfy any of your contractual or legal obligations to us, other users of the Website (including other Candidates or Recruiters), or your own clients or any other relevant person or organisation as set out, mentioned or alluded to in the ToS, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result (including, without limitation, relating to the Regulations, data protection, background checks on Candidates or in respect of the Agency Worker Regulations 2010, as may be applicable) and you hereby indemnify us and keep us indemnified on a continuing basis against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs or loss of interest) suffered by us in connection with any such failure by you as set out above.
4.4 – Availability of the Service
Talent.io reserves the right for any reason whatsoever, in particular taking into consideration technical and/or computer and/or telecommunication and/or maintenance difficulties and/or constraints, and cases of force majeure, to interrupt at any time and where appropriate without notice, access to the Website, to end or modify the features of consultation of the Website, it not being possible to hold Talent.io liable for the consequences arising from such interruptions or modifications.
More generally, Talent.io reserves the right to make any modifications of any kind whatsoever to the Website’s content.
4.5 – Force majeure
Talent.io will be released from any liability if the non-performance of one or all of its obligations as specified in these ToS, results from a case of force majeure.
For the purposes of these ToS, “force majeure” is defined as any circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; and any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party).
If the performance of the Service in accordance with these ToS or any of Talent.io’s obligations under these ToS is prevented, limited or disrupted due to a case of force majeure, Talent.io will be released from performance of the contractual obligations concerned.
4.6 – Status
In providing the Service under these Terms of Service we understand that we are an employment agency whilst the Service remains relevant to the Regulations but we are not an employment business. Nothing in the ToS shall render us as an employment business. We do not contract with you or the Candidates directly in respect of the work that you require Candidates to perform. We merely provide the Service and it is between you and the Candidate at your respective risk to contract with each other about any such work. Further, nothing in these ToS shall render your or our employees or other staff as an employee, worker, agent or partner of the other and they shall not be held out as such.
5 – Legal notices
Talent.io is the owner and operator of the Website accessible at the following address https://www.talent.io and of the recruitment service provided by Talent.io on its Website.
Talent.io Club is incorporated and registered in England and Wales with company number 10015897, whose registered office is at 10 Devonshire Square, London, EC2M 4AE.
The Website is hosted by the company Heroku Inc., 650 7th Street, San Francisco, CA (Tel: +33 1 (877) 563-4311). The Heroku servers used by Talent.io are situated in the European Union. Storage of users’ personal data is provided by the company Amazon Inc., 410 Terry Avenue North, Seattle, WA which adheres to the EU-U.S Privacy Shield, in accordance with the requirements in the United Kingdom of the Information Commissioners’ Office regarding transfer of data to companies situated in the United States.
6 – Intellectual property
The Talent.io company trademark, all other trademarks, whether figurative or not, illustrations, images, texts, commentaries and logos on the Website, regardless of whether they are registered or not, the general structure of the Website, as well as software texts, still or moving images, know-how, designs, illustrations, database and any other elements of the Website are and will remain Talent.io’s exclusive property.
The same applies to any copyright, design, model and patent which are the property of Talent.io. Any reproduction in whole or in part, modification, removal or use, for any reason and on any media whatsoever, without Talent.io’s express prior agreement, is strictly prohibited.
7 – Hyperlinks
Hyperlinks to other third-party internet sites or third-party services may be available on the Website. Talent.io has no power of control over these internet sites or their content. The publication of links to such other internet sites does not indicate under any circumstances that Talent.io approves such sites or the contents, products or services which they propose.
8 – Personal data
By carrying out your registration, you agree to the storage, processing and use by us of the data collected on this occasion. The information about you is intended for use by Talent.io
9 – References
Unless otherwise agreed, Talent.io can cite the name of any Recruiter registered on the Website in any document, whether in electronic or other form, as a reference.
10 – Sub-contracting
Talent.io reserves the right to freely sub-contract all or part of the services assigned to it under this Agreement.
11 – Transfer
The User expressly undertakes to refrain from assigning or transferring, whether or not in return for payment, all or part of the rights and obligations which it holds by virtue of this Agreement.
12 – Miscellaneous provisions
These Terms of Service of Talent.io’s Service may be modified at any time: users are therefore invited to consult them on a regular basis.
Where important or significant modifications are made to the Terms of Service of Talent.io’s Service, the page containing the ToS will be updated on the Website. If you are registered on the Website, we will also notify you by electronic mail of any modification. Any modification of the ToS will immediately come into force in relation to new users of the Website and will come into force thirty (30) days after publication of the new ToS for existing users. If you refuse the new ToS after having been notified of a modification, you will be required to stop using the Website. Failing that, your continued use of the Website will constitute acceptance of such change(s).
These ToS supersede the previous versions of Talent.io’s ToS.
The invalidity of one of the clauses of these ToS will not give rise to the invalidity of the other clauses of these ToS which will remain in force to their full extent between the parties.
The fact that Talent.io does not invoke at a given time any of the clauses of these ToS, and/or a failure by the User to fulfil any of its obligations under these ToS cannot be interpreted as a waiver by Talent.io of the right to subsequently invoke any of these clauses or contractual obligations.
Accordingly, unless formally agreed in writing by Talent.io, no specific term can take precedence over these ToS. Any contrary term raised by a User will therefore, in the absence of express acceptance, be unenforceable against Talent.io, regardless of when it may have been brought to its attention.
13 – Applicable law and election of jurisdiction
These Terms of Service are governed by the laws of England and Wales and any dispute about the validity, interpretation or termination of the Terms of Service will be subject to the exclusive jurisdiction of the courts of England