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

OUR TERMS OF SERVICE (“ToS”)

Version published on 09/06/2022

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”).

Only these ToS (as set out below) have contractual value.

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 SERVICE;

(2) YOU ARE OF LEGAL AGE TO ENTER A CONTRACT WITH TALENT.IO;

(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; AND

(4) YOU AND/OR THE COMPANY AS MENTIONED IN THE REGISTRATION FORM WHICH YOU REPRESENT ARE THEREFORE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, 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. Terms applicable to Candidates are set out in Parts 1 and 3 of the ToS.

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. Terms applicable to Recruiters are set out in Parts 2 and 3 of the ToS.

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.

The Candidates and the Recruiters interact on the Website by means of their Profile. 

Regulations” means The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).

PART 1 – PROVISIONS APPLICABLE TO CANDIDATES

1 – How does the Service operate?

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

After registering on the Website, and once the registration has been approved by talent.io, the Candidate will be able to use and benefit from the Service.

The Service will enable the Candidate 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 her/him of its interest in her/his Profile. 

Subsequently, in the event that the exchanges with one or several Recruiter(s) are conclusive, the Candidate 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:

1. an employment contract, or

2. 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 her/his registration, the Candidate will be asked to create an account and to complete her/his Profile, by indicating her/his name, contact details (including email address and telephone number), educational background, professional experience, skills and remuneration expectations. The Candidate may also download a profile picture.

In order to ensure the reliability of the Service, the Candidate shall undertake, upon her/his registration: 

1. to provide only information about her/his situation which is accurate, given in good faith and up-to-date, and to provide her/his true identity, 

2. never to hold more than one account on the Website. 

Talent.io may also allow the Candidate to use a third-party service such as GitHub, LinkedIn or Twitter to register. If the Candidate does so, she/he confirms that the information contained in such third-party services is current and accurate and can be used for the purpose of her/his registration under these ToS.

Talent.io reserves the right to request, at any time:

1. a document proving Candidate’s identity; 

2. in the event that the Candidate conducts 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 Candidate’s account.

Talent.io will review the information provided by the Candidate during the registration process and may also examine any other information about the Candidate that is publicly available. It is also possible that talent.io may call the Candidate on the number that she/he will have provided to it, in order to discuss her/his Profile, before approving her/his 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 the Candidate which is freely available.

If the Candidate's registration is accepted, she/he will be allowed to use the 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 talent.io that the Candidate has been offered a role by a Recruiter using the Service and talent.io then receives or obtains information within 3 months of such confirmation which indicates that the Candidate is or may not be suitable for that role, talent.io must inform the Recruiter of that without delay to satisfy its obligations under the Regulations. Talent.io accepts no responsibility for any loss that the Candidate may suffer should talent.io has to comply with such part of the Regulations.  

If any vacancy means that the Candidate 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 talent.io that it will provide such accommodation and/or travel costs assistance so that talent.io can satisfy its legal obligations by providing to the Candidate the required information under the Regulations. However, talent.io accepts no responsibility or liability where the Recruiter fails in its obligations to talent.io. 

PART 2 – PROVISIONS APPLICABLE TO RECRUITERS

1 – Registration process – functioning of the Service

At the time of its registration, the Recruiter will be asked to create an account and to complete its Profile, by providing the following information (which will also be made available to Candidates):

1. company name, trading name and the nature of the business;

2. the intended start date and intended duration of the position or, as the case may be, service;

3. the position and/or type of work the successful Candidate will be required to do;

4. the location at which the successful Candidate will work and, as the case may be, the hours of work expected;

5. any relevant health and safety risks as well as what steps the Recruiter has taken to prevent or control such risks;

6. the experience, training and qualifications and any authorisation which the Recruiter considers 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; 

7. any expenses payable by or to the successful Candidate;

8. the minimum rate of pay and any other benefits to be offered and the intervals of payment; and

9. 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, the Recruiter shall undertake, upon its registration (i) to provide only information about its situation which is accurate, given in good faith and up-to-date, (ii) to provide its true identity and (iii) never to hold more than one account on the Website.

In order to facilitate its registration, Talent.io may suggest that the Recruiter use a third-party service.

In such a case, the Recruiter 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 Recruiter’s Profile and may request, if it considers it necessary, any document which would enable it to verify that the information entered in the 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 its Profile as Recruiter, the Service will enable it 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 it is seeking. The Recruiter will be able to make Interview Requests to Candidates who have caught its attention. Any Interview Request is required to include:

1. the type of Candidate Contract the company the Recruiter represents offers (employment contract, service agreement);

2. a description of the role or mission, and;

3. the proposed remuneration. 

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:

1. 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;

2. to take any and all 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 – Mutual information duties as per applicable Regulations

Where it is confirmed to talent.io that a Candidate has been successful in applying for a vacancy with the Recruiter and talent.io then receives or obtains information within 3 months of the introduction which indicates that she/he is or may not be suitable for that role, talent.io will inform the Recruiter of that without delay to satisfy its obligations under the Regulations. Talent.io accepts no responsibility for any loss that the Recruiter may suffer should talent.io 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) the Recruiter is responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) the Recruiter must notify to talent.io the fact that the Recruiter is to provide such accommodation and/or travel costs assistance so that talent.io can satisfy its legal obligations by providing to the Candidate the required information under the Regulations. 

3 – Service fees

By accepting the ToS, the Recruiter undertakes to pay the Service Fees where they apply, in accordance with these ToS.

Talent.io reserves the right to modify at any time its invoicing methods, after having updated these ToS and having informed Recruiter by electronic mail.

3.1 – Service subscription terms and conditions

Although registering to the Website is free, Talent.io Service is a fee based service. Consequently, to benefit from Talent.io Service, Recruiter may sign-up either for: 

- a monthly based subscription, 

- a yearly based subscription, or

- an outright payment per recruitment, without subscription.

Regardless of the chosen option, Recruiter would access both talent.io Website and Service. Recruiter may then contact as many Candidates as it wishes, send them Interview Requests through the Platform, and enter into a Candidate Contract with interested Candidates.

By accepting monthly or yearly subscription, as well as the present ToS, the Recruiter and/or the company it 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 3.5 of Part 2 and clause 3 of Part 3 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 3.5 of Part 2 and clause 3 of Part 3 of the ToS.

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 Service Fees are likely to increase or decrease depending on the following:

1. Subscription by Recruiter to new features or options;

2. Possible revision of the Talent.io Service Fees.

Recruiter acknowledges and accepts that the price invoiced 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 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 Service Fees will not increase or decrease during the notice period.

3.2 – Liability for Service Fees

Talent.io’s Service Fees will be payable in full by the Recruiter in the following cases:

(i) if it enters into a Candidate Contract with a Candidate identified through use of the Website within twelve (12) months of its last exchange with her/him;

(ii) if it introduces the Candidate to another individual/company, irrespective of whether it is a third-party and whether or not it is affiliated, within twelve (12) months of their last exchange on the Website;

(iii) if a Candidate introduced by talent.io is not selected by the Recruiter or does not accept Candidate Contract proposal, and subsequently enters into business relations with the Recruiter for such mission or any other mission, whether through an employment contract, a service or subcontracting 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 Fees shall be payable, regardless of whether a trial period is specified.

3.3 – Amount of Service Fees

Where the Recruiter signs-up for a subscription (monthly or yearly based), Service Fees shall be defined in the Purchase Order.

Where the Recruiter chooses not to sign-up for a subscription, a £5000 (five thousand pounds) Service Fees will apply per recruitment, in accordance with article 3.2 above. 

3.4 – 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 authorises 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 authorisation 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 by 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.

Any disagreement by the Recruiter concerning the invoicing of Service Fees must be the subject of a letter setting out the reasons and sent to talent.io by registered mail with acknowledgement of receipt within eight (8) days of the date of issue of the invoice. In the absence of such a letter, the Recruiter will be deemed to have accepted the invoice issued.

3.5 – Suspension and termination

Where the Recruiter does not sign-up for a subscription, it can at any time request the deletion of its account, as mentioned in clause 3.2 of Part 3 of the ToS.

In case of subscription, 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 period (month or year) 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 Part 3 of the Terms of Service;

On termination of the Agreement for any reason whatsoever:

- all rights and licences granted under the Agreement shall immediately terminate, such as  Recruiter's right to access and use the Platform. As a consequence, all Authorised users’ (as identified in section 3.6 of Part 2 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. 

3.6 – Accessing and limiting the number of users on the website

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

The recruitment of Candidates under the Agreement must be performed by or on behalf of, and with, the Recruiter.

Each user uses her/his access. Accesses are not transferable, nor sublicensable.

In the event of a breach of any of the provisions of present clause 3.6 of Part 2 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 – Specific cases

4.1 – Non-disclosed conditions of the Candidate 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 first of the following two dates:

- date of signature of the Candidate Contract;

- date on which the Candidate joins the Recruiter’s personnel or start date of services carried out by the Candidate,

Service Charges will be invoiced in the sum of up to GBP 20,000 (twenty thousand pounds), 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.io.

4.2 – Candidate already known to the Recruiter

If a Recruiter can establish that it has started an active process (“Active Process” - as defined below and excluding any other definition or circumstance) with 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, the Recruiter will be exempted from payment of talent.io’s Service Fees.

An Active Process consists of proof, provided by the Recruiter, of the fact:

(i) 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;

(ii) that the Candidate responded positively to its solicitation (or that the Recruiter responded positively to the solicitation of the Candidate); and 

(iii) 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 one of these conditions (1, 2, 3) is lacking or did not occur 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 Fees shall be payable under the terms set out in these ToS.

The Recruiter hereby recognises that in any other case in which a Candidate is hired through the Website, talent.io’s Service Fees shall be payable.

5 – Guarantee provided by talent.io

If, in the case in which the Candidate and the Recruiter had entered into an Candidate Contract, the Candidate ceased to be contractually bound to the Recruiter within 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 a credit (“Credit”) applicable to future Service Fees, valid for 12 months from the last day the Candidate worked within the 3 months period above mentioned, of an amount equivalent to the total of the Service Fees paid for the recruitment of said Candidate (amount before taxes). In the absence of a recruitment within these 12 months, the Credit will be lost and will not under any circumstances give rise to reimbursement of the Recruiter.

In any case, the issuance of a Credit is subject to the following conditions:

- that the Candidate ceases to be contractually bound to the Recruiter within the first 3 months of the Candidate Contract;

- provision to talent.io of a document confirming the Candidate’s departure from the personnel (resignation letter, specific certificate, …);

- 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 Candidate Contract within 14 days of the termination, the term “termination” referring to the date of notification of termination of the Candidate 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 subcontracting 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 credit whatsoever shall be offered by talent.io if the Recruiter opted in for a monthly or yearly subscription.

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.

Users must alert talent.io if they 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

Users are required to use the Website without seeking to harm the Website and without exceeding the functions proposed. In particular, users 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 their users’ prerogatives, for example by attempting to use tools to which they 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 their account to third parties;

- not to disclose their 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 their own website or business by publishing advertisements in their 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 the Website and/or Service

A user, who no longer wishes to use the Website and the Service, can at any time request the deletion of its account.

3.3 – Effects of termination

Termination will give rise to the immediate deletion of access to any content that the user 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 Candidate Contract between Candidates and Recruiters.

Any exchange, and any promise to enter into a Candidate Contract 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 Candidate Contract, cannot be held liable in the event of non-performance, poor performance, or termination of the Candidate Contract by the Recruiter or the Candidate, regardless of whether or not Talent.io receives Service Fees under the Agreement.

Should a Candidate or Recruiter fail to satisfy any of its contractual or legal obligations to Talent.io, other users of the Website (including other Candidates or Recruiters), or their own clients or any other relevant person or organisation as set out, mentioned or alluded to in the ToS, Talent.io accepts no responsibility or liability for any such breaches by users or any relevant breaches by Talent.io 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 users hereby indemnify Talent.io and keep the latter 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 it in connection with any such failure by users 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, Talent.io understands that it is an employment agency whilst the Service remains relevant to the Regulations but Talent.io is not an employment business. Nothing in the ToS shall render Talent.io as an employment business. Talent.io does not contract with the Recruiters or the Candidates directly in respect of the work that Recruiters require Candidates to perform. Talent.io merely provides the Service and it is between the Recruiters and the Candidates at their respective risk to contract with each other about any such work.  Further, nothing in these ToS shall render Recruiters or Talent.io 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. Talent.io undertakes to respect 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 her/his registration, the user agrees to the storage, processing and use by Talent.io of the data collected on this occasion. The information about her/him 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. 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 – Subcontracting

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 the 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 the user is registered on the Website, Talent.io will also notify her/him 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 the user refuses the new ToS after having been notified of a modification, she/he will be required to stop using the Website. Failing that, 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 and 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.