KEY POINTS OF OUR TERMS of SERVICE (“ToS”)

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 terms:

Talent.io’s mission

Talent.io offers a service connecting Candidates and Recruiters through the website https://www.talent.io.

Applicable terms

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.

Service Terms

Access to the Service is free of charge for Candidates.

Service is accessible to Recruiters via a subscription. Such monthly subscription enables Recruiters to get in touch with Candidates whose profiles are online on the Website, on an illimited basis. Should you like to subscribe our Service, please contact us at : contact@talent.io.

Testing period – Get free access for 1 day to our Website

In order to enable Recruiters to discover both our Website and Service, talent.io offers free access to the Website for a period of 1 (one) day. Please note that any Candidate that may be recruited via our Service during the free trial period will be invoiced at a fixed rate to the concerned Recruiter. Should your company decide to subscribe to our Service at the end of the free trial period, any and all recruitments completed during the free trial period will then be considered to be included in the first monthly subscription and therefore won’t be invoiced by talent.io. Free access test period conditions are detailed in section 4 of these ToS.

OUR FULL ToS

Version published on 18/02/2022

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” or “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: (1) YOU HAVE READ, UNDERSTOOD AND AGREED ON THESE TERMS OF USE;(2) YOU AND/OR THE COMPANY AS MENTIONED IN THE REGISTRATION FORM WHICH YOU REPRESENT ARE THEREFORE BOUND BY THESE TERMS OF USE;(3) YOU ARE OF LEGAL AGE TO ENTER A CONTRACT WITH TALENT.IO, AND (4) 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.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU WILL NOT BE ABLE TO ACCESS THE SERVICE.

Talent.io offers a service connecting Candidates and Recruiters (hereinafter referred to as the “Service”) through the website https://www.talent.io (hereinafter referred to as the “the “Website” or the “Platform”).

“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 registration of a company on the Website in order for said company 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 CANDIDATES

1 – How does the service operate?

Talent.io is free of charge for Candidates. It is intended to enable you to quickly and efficiently discover new professional opportunities.

After registering 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 him/her of its interest in his/her Profile.

Subsequently, in the event that your exchanges with one or several Recruiter(s) are conclusive, you will be able to start a recruitment process with such Recruiter(s) and  may enter into an agreement with the company represented by said Recruiter(s).

This agreement (hereinafter referred to as “Candidate contract”) may be:
i.an internship agreement, if the Candidate is a student or obtained its final diploma less than six months prior to the recruitment process, or;
ii. an employment contract, or;
iii. any type of agreement intended to govern the performance of a mission by the Candidate in return for payment of remuneration (i.e. as the case may be, freelance or service agreements), whether it be service agreement, subcontracting agreement, etc.

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, contact details (including email address and telephone number) , your educational background, your professional experience, your skills and your remuneration expectations. You may also download a profile picture of yourself.

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:

1) A document proving your identity;

2) 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

No Candidate who has successfully completed the Registration process on the Website and has been given access to the Service is obliged to accept an Interview Request or enter in Candidate Contract whatsoever with a Recruiter. Candidates remain free to engage or not in any recruitment processes with Recruiters and sign Candidate Contracts with them.

Only the conclusion of a Candidate contract between a Candidate and a Recruiter will create mutual obligations. The terms of such Candidate contract (remuneration offered, duration and type of mission) shall be freely discussed between the Candidate and the Recruiter, without Talent.io being involved in their discussion.

4 – Transparency and duty to provide information

Where it is confirmed to us that you have been offered a role by a Recruiter using 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 RECRUITERS

1 – Registration process – How does the Service operate?

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):

i. your company name, trading name and the nature of your business;
ii. the intended start date and intended duration of the position or, as the case may be, service;
iii. the position and/or type of work the successful Candidate will be required to do;
iv. the location at which the successful Candidate will work and, as the case may be, the hours of work expected of them;
v. any relevant health and safety risks as well as what steps you have taken to prevent or control such risks;
vi. the experience, training and qualifications and any authorisation which you consider are necessary, which are required by law, or by any professional body which the Candidates must possess in order to achieve the required work, or, as the case may be, deliver the required service;
vii. any expenses payable by or to the successful Candidate;
viii. the minimum rate of pay and any other benefits to be offered and the intervals of payment; and
ix; the notice period that the successful Candidate must give and receive for the role to be terminated.

Registration to the Website 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 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 as Recruiter, the Service will enable you to have access to Candidates’ Profiles online on the Website and review them, as well as to perform one or more searches to specify the type of Candidates 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 Candidate contract the company you represent offers (internship, employment contract, service agreement);a description of the role or mission, and;
II. the proposed remuneration.
III. These Interview Requests simply constitute an invitation to enter into dialogue with Candidates, without contractual value.

The Recruiter undertakes to solely 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 may 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 a Candidate Contract between a Recruiter and a Candidate will create mutual obligations.

Finally, it is hereby stipulated that the terms of the Candidate Contract (remuneration proposed, duration and type of role) shall be freely discussed between 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 also undertakes:
not to disclose to third parties nor publicly, the names and/or identities of the Candidates whose Profiles have been viewed by the Recruiter on the website during the Recruitment Process, and;
to take any and all necessary physical, technical and administrative measures to protect the content obtained through the Website against loss, improper use, unauthorized access, disclosure, alteration or destruction.

2 – Mutual information duties as per applicable Regulations

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.


3.1 – Subscription


Although registering to the Website is free, Taient.io Service is a fee based service.
Consequently, to benefit from Talent.io Service, Recruiter needs to sign-up either for a monthly based subscription or a yearly based subscription.

When a monthly or yearly subscription has been set up upon Recruiter’s request, Recruiter has access to both talent.io Website and Service. Recruiter may then contact as many Candidates as he/she wishes, send them Interview Requests through the Platform, and enter into a Candidate contract with interested Candidates.

Should you be interested in getting a quotation, please contact us at the following email address to estimate the Service Fees applicable to your company’s needs:

contact@talent.io

Please note that by accepting the terms of said quote as well as the present ToS, the Recruiter and/or the company he/she represents will be linked to Talent.io by a service agreement (hereinafter referred to as  the “Agreement”).

This Agreement will then automatically renew :

- when the Recruiter opted-in for monthly subscription: on a monthly basis, that is to say for one month period after its commencement date, and then for one month upon each Agreement anniversary date, unless Agreement has been terminated as per in clause 3.3 of Part 3  and clause 3 of Part 4 of the ToS.
- when the Recruiter opted-in for a yearly subscription: on a yearly basis  twelve (12) months after its commencement date, then upon each Agreement anniversary date, unless Agreement has been terminated as per  in clause 3.3 of Part 3  and clause 3 of Part 4 of the ToS.
Please note that the initial one-month or one-year subscription period will be hereinafter referred to the as the “Initial Term”, and the subsequent renewal periods as the “Extended Term”.

The Recruiter acknowledges that the billable Talent.io Services Fees are likely to increase or decrease depending on the following:

- subscription by Recruiter to new features or options;
- increase or decrease in the number of authorized users;
- possible revision of the Talent.io Services Fees;

Recruiter acknowledges and accepts that the price invoiced to the Recruiter may, as the case may be, take into account these possible changes, and will correspond to the price that the Recruiter must pay for the Services provided during the concerned monthly period it applies.

Unless otherwise agreed between the parties in writing, talent.io may increase any of the Service Fees upon giving at least 30 (thirty) days notice in writing to the Recruiter, such increase to take effect from the commencement of the Extended Term following expiry of such notice.

If Recruiter is unhappy with the increase, Recruiter may terminate the Agreement at the end of the Initial Term or the latest Extended Term (when applicable) by providing at least 15 (fifteen) days' written notice to talent.io. Recruiter expressly acknowledges that the Fees will not increase or decrease during the notice period.

3.2 Payment conditions

The Recruiter agrees that the invoices are settled by direct debit via the use of a third party direct debit service (Mangopay, at the date these ToS are edited). Each direct debit through such third party direct debit service will be made on the date the invoice is issued.

In that regard, Recruiter shall provide talent.io with its bank details and any other information reasonably requested by talent.io to perform said payment. The Recruiter therefore authorized talent.io to debit the Service Fees to the Recruiter's bank account on the date of which each invoice is issued. Moreover, Recruiter shall execute any additional documentation, provide such other confirmation or authorization as reasonably required, in order for talent.io (or any service provider mandated by talent.io for this purpose) to collect any Service Fees due directly from the Recruiter's bank.

In the absence of payment within fourteen (14) days, amounts due will automatically increase of 5% the sums owed will automatically – that is to say without prior formal notice –a 5% interest rate will apply in addition to such sums above the Bank of England base rate from time to time.

3.3 Suspension and termination

Either party can terminate the Agreement at the end of the Initial Term or Extended Term, as the case may be.

The termination shall be notified to the other party at least:
- for monthly subscription: fifteen (15) days prior to the expiry date of the Initial term or  the latest Extended Term;
- for yearly subscription: one (1) month prior to the expiry date of the Initial Term or latest Extended Term;
Such prior notice shall in any case be delivered by email. When delivered by Recruiter to talent.io, prior notice shall be delivered to the following email address: billing@talent.io.

As the case may be, when prior notice is delivered by talent.io to the Recruiter, the relevant email address will be the one provided by Recruiter and which is recalled on the Purchase Order.

In any case, the current month will be fully invoiced and the Agreement will end as of the last business day of the current term (whether Initial term or Extended Term), unless otherwise agreed in writing between the parties.

Without prejudice to any other rights and remedies available to talent.io, talent.io may terminate the Agreement by notice with immediate effect, or such notice as talent.io may in its sole discretion elect to give, if Recruiter :
- fails to pay in due time invoiced amounts to talent.io and such sum remains outstanding for a further thirty (30) days following notice requiring such sum to be paid. In such a case, talent.io may immediately terminate the Agreement on giving notice to the Recruiter, without liability for talent.io to the Recruiter.
- infringes talent.io's intellectual property rights in the talent.io Service;
- is in breach of any applicable law.

Without prejudice to any other rights and remedies available to it, either party may terminate the Agreement at any time with immediate effect on giving notice in writing to the other party, if that other party:
- suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
- does not comply to its contractual undertakings, or fails to remedy a non-performance of the contractual provisions within ten days of formal written notice sent by registered letter with proof of delivery by the non defaulting party;
- fails to perform one or several of its contractual duties in the event of a force majeure event that has been lasting 30 calendar days after its occurrence. For the purpose of the Agreement, ‘force majeure’ shall have the meaning given in section 4.5 of the Terms of Service;

On termination of the Agreement for any reason whatsoever:
- all rights and licenses granted under the Agreement shall immediately terminate, such as  Recruiter's right to access and use the Platform. As a consequence, all Authorized users’ (as identified in section 3.4 hereinafter of the ToS) right to access and use the talent.io Service will end;
- all the amounts due by the Recruiter to talent.io on the date of the termination should be paid. Termination will not lead to any reimbursement of the amounts paid to talent.io by the Recruiter in the context of the execution of the Agreement.
- Talent.io will stop performing the service upon termination date.

3.4 Accessing and limiting the number of users on the website

The number of individuals who are authorized to access the Website within the Recruiter’s organisation (“Authorized users”) is restricted to the number set out  in the Purchase Order.

The recruitment of Candidates under this Agreement must be performed by or on behalf of, and with, the Recruiter. Each User uses his/her access. Accesses are not transferable, nor sublicensable.

In the event of a breach of any of the provisions of present section 3.4 of the ToS, the Recruiter will be liable to talent.io for an immediately due and payable penalty of GBP 20,000 (twenty thousand pounds) per licence transferred or sublicensed, without prejudice to any other rights provided for by law or under this Agreement, such as the right to an injunction or the right to claim damages in lieu of this penalty.

4 – Testing Period

4.1 Service fees during the Testing Period


In order for them to be able to discover the Platform, talent.io may offer Recruiters free access to the Website for one (1) day (hereinafter referred to as the « Testing Period »).

Please note that the Testing Period will not be renewed.

During such Testing Period, Recruiter will have free access to the Platform and will be able to view Candidates’ profiles and get in touch with them through our Service.

Recruiter acknowledges that, during the Testing Period, an £8000 (eight thousand pounds) Service Fee will apply whenever:

a) A Candidate, identified by a Recruiter using our Service during the Testing Period, has entered into a Candidate contract with said Recruiter within twelve (12) months after they last exchanged on our Platform.

b) A Candidate has been introduced by the Recruiter to a third company or any natural person, whether affiliated or not to the Recruiter’s company, within twelve (12) months after they last exchanged on our Platform during the Testing Period.

c) A Candidate has been connected to a Recruiter via our Service during the Testing Period, no Candidate Contract is immediately signed but Candidate ends up entering into a Candidate Contract with the Recruiter within 12 months after they last exchanged on the Platform.

In case Recruiter signs up for monthly or yearly subscription at the end of the Testing Period, no such Service Fee will be due by Recruiter to talent.io in any of the above-mentioned cases.

4.2 – 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 subcontracting agreement, or an agreement of any type of Candidate Contract 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 Candidate Contract (and to notify talent.io of any modification),

ii. To provide Talent.io with a copy of the Candidate Contract 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 Candidate Contract, irrespective of the reason.

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 Terms of payment of Service Charges


Talent.io’s invoices are payable within 14 days of the date of the 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.

5 - Dispute


Any disagreement between Recruiter and talent.io relating to the invoicing of Service Fees must be notified in writing to talent.io by registered mail within eight (8) days of the date said invoice has been issued. Such notice shall include full details of the dispute. In the absence of such a notice, Recruiter will be deemed to have accepted the invoice issued.


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: contact@talent.io

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 – Initiated by talent.io


talent.io reserves the right, in the case of non-payment by the Recruiter of one or more 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 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 – Initiated by any user of our Website and/or Service

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 access to 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 Office G07, 14-16 Dowgate Hill,London EC4R 2SU.

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. Such data are reserved exclusively for the management of the user’s registration and commercial relationships between the user and Talent.io. None of this information will ever be transmitted to a third-party except in accordance with a court request or that of a competent government or judicial authority. Your personal data are processed in conformity with Talent.io’s privacy policy available at the address https://www.talent.io/privacy.

9 – References

Unless otherwise agreed, Recruiter hereby agrees that Talent.io use the Recruiter’s company name as reference on the Website or in any document, whether in electronic or other form.

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

Any user of our Platform and/or Service 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