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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.
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).
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.
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.
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.
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.
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.
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.
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:
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;
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;
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.
4.1 – 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.
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.
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
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.
3.1 – 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.
4.1 – 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.
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.
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.
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.
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.
Talent.io reserves the right to freely sub-contract all or part of the services assigned to it under this Agreement.
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.
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.
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