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Version published on February, 2nd 2022.
This document constitutes the General Terms of Service (hereinafter referred to as the ToS) of the www.talent.io Website and more generally of the service provided by Talent.io UK Ltd. (hereinafter referred to as "Talent").
The present ToS formalizes the establishment of a contractual relationship between Talent and you as a user, whether you are an individual or a legal entity.
The present ToS may be modified at any time. You are therefore invited to consult them regularly.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "I AGREE", YOU DECLARE THAT:
(1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE;
(2) YOU ARE OF LEGAL AGE TO ENTER INTO A CONTRACT WITH TALENT;
(3) YOU ARE ENTITLED TO ENTER INTO A CONTRACT PERSONALLY OR ON BEHALF OF THE COMPANY NAMED IN YOUR REGISTRATION. YOU AND/OR THE COMPANY MENTIONED AT THE TIME OF YOUR REGISTRATION ARE THEREFORE BOUND BY THESE GENERAL TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ACCESS THE SERVICE.
Talent.io offers a service that connects Candidates and Recruiters via the freely accessible Website https://www.talent.io.
A Recruiter and a Candidate may enter into employment contracts.
While access to the site www.talent.io is free of charge for all users, Recruiters have to pay a fee to use the Service. The different rates and offers are grouped here.
If the Candidate leaves the Recruiter’s staff, whether this is due to the termination of a trial period or not, Talent allows the Recruiter to benefit from a guarantee, the terms of which depend on the payment plan chosen.
Talent grants the Recruiter credit limited to the Service Fee charged for the recruitment of the Candidate who has left the Recruiter's workforce.
The main conditions for granting the credit (all conditions are detailed in article 4 of Part 2 of these ToS) include:
It is specified that the credit is "portable", i.e. it applies irrespective of the number of Candidates recruited to the position left by the initial Candidate (all the conditions are detailed in article 4 of Part 2 of these ToS).
Finally, the Recruiter must be aware that no guarantee is given in case of the absence of a Candidate still contractually bound to the Recruiter (due to sickness, maternity/paternity leave, sabbatical or parental leave, etc...).
Any user, Recruiter or Candidate, using the Website www.talent.io is bound by a duty to provide information to Talent, who must be informed as soon as a contract is finalized.
This duty continues for a period of twelve (12) months following the last exchanges between the Candidate and the Recruiter on the Website, and any contract concluded during this period must be transmitted to Talent, so that service fees can be charged.
"Candidate" refers to any natural or legal person who applies to register on the Website in order to find new job opportunities.
"Compensation" refers to the gross annual remuneration received by the Candidate under the Contract agreed upon. This includes (i) the fixed part, (ii) the entire variable part of the remuneration known on the day the Contract is signed (taking into account the maximum that can be obtained), as well as (iii) any bonus, annual premium or other benefit constituting all the components of the Candidate's salary.
"Contract" refers to any agreement under which the Candidate performs work for the benefit of the Recruiter in return for payment of a fee.
This Contract is an employment contract.
"Contractor" refers to any person using the Service on behalf of a Recruiter . This includes (but is not limited to) RPO, consultants, delegated Companies or any type of external subcontractor, whether based on the Recruiter 's Website or not.
"Interview Proposal" refers to any message sent by a Recruiter to a Candidate indicating interest in his/her Profile and willingness to be contacted.
"Profile" refers to all content (information and any files including photos, curriculum vitae etc.) published by a Candidate or a Recruiter in order to introduce themselves and interact on the Website.
"Recruiter" refers to any natural or legal person who requests registration on the Website in order to be put in contact with Candidates.
"Service" refers to the service offered by Talent to bring together Candidates and Recruiters through the platform directly managed on the Website.
"Service Fee" refers to the remuneration received by Talent in the event of the conclusion of a Contract.
"Talent" refers to the company Talent.io UK Ltd., whose legal notices are summarized in article 5 of Part 3 of the ToS, as well as here.
"User(s)" refers to the Recruiter and the Applicant together or individually.
"Website" refers to Talent's Website www.talent.io, via which Users can exchange information with a view to concluding a Contract.
Talent is a free service for Candidates which is supposed to allow them to efficiently and quickly find new professional opportunities.
Candidates can use the Service after they have registered on the Website and Talent has approved their registration.
The Service allows the Candidate to receive Interview Proposals from Recruiters.
If the exchange between a Candidate and a Recruiter is successfully concluded, the Candidate can then sign a Contract with the Recruiter.
Only the conclusion of such a Contract establishes mutual obligations between the Candidate and the Recruiter.
At the time of his or her registration, the Candidate is asked to create an account and complete his or her profile by indicating his or her name, providing details of education, professional experience, skills and salary expectations.
In order to ensure the reliability and functionality of the service, the Candidate agrees when registering (i) to provide, to the best of his or her knowledge, only correct and current information about his or her situation (ii) to indicate his or her true identity and (iii) to never maintain more than one account on the Website.
Talent reserves the right to request the following from the Candidate of a document which proves his/her identity. In the event that such proof is not provided, Talent reserves the right to lock and/or to delete the Candidate’s account.
Talent may also call the Candidate using the telephone number provided to discuss his or her profile before registration is approved.
Talent reserves the right to accept or reject, at its discretion, registration requests on the Website, in particular after inspecting the information provided voluntarily about the respective Candidate.
Registration on the Website and access to the Service do not establish any obligation for the Candidate to accept an Interview Proposal or to conclude any type of Contract.
Only the conclusion of a Contract between the Candidate and a Recruiter establishes mutual obligations. The conditions of the Contract (offered remuneration, term and type of employment) are freely specified by the Candidate and the Recruiter without Talent participating in this negotiation.
In the event that they reach an agreement with a Recruiter the Candidate accepts:
(i) to inform Talent, without delay, of the date of signature of the Contract, and notify Talent of any subsequent changes (renewal, termination, new Contract, etc.)
(ii) to provide Talent with a copy of the Contract, or of the confirmation of employment (letter, e-mail, etc.) or to draw up a document between the Recruiter and himself/herself specifying the main terms of the Contract (remuneration, duration, etc.),
(iii) to inform Talent without delay if he/she ceases to be contractually bound to the Recruiter for any reason.
When registering, the Recruiter (via the person acting on his or her behalf and for his or her account) is asked to create an account and complete his or her Profile, including his or her name, company name, email address and additional information about the company and his or her research.
In order to ensure the reliability and functionality of the Service, Recruiters agree when registering (i) to indicate, to the best of their knowledge, only correct and current information about its situation (ii) their true identity and (iii) to never open more than one account on the Website.
In order to make registration easier, Talent may offer the Recruiter the use of a third party service, such as LinkedIn or GitHub. In such a case, the Recruiter agrees that the information provided to this third party service shall also be accurate, truthful and up to date, in order to ensure the reliability of the Service.
If registration is carried out for a legal entity, the Recruiter must be authorized to do so by the legal entity. In any case, Talent shall not be held responsible for the absence of such authority, and the acceptance of these ToS shall not be called into question in any way. The legal entity will thus be indefinitely responsible for the actions of its agent.
After registration, Talent verifies the Recruiter Profile and may, if considered necessary, request any document that enables Talent to verify whether the information indicated in the Profile is true. If the Recruiter does not respond to such a request from Talent, this may lead to the registration being rejected.
Talent reserves the right to accept or reject requests for registration on the Website at its own discretion.
Once registration has been completed and the Profile has been filled in, the Recruiter can use the Service to access the Site and review Candidates' Profiles online. They can then make Interview Proposals to the Candidates that have caught their attention.
Any Interview Proposal must (i) a job description and (ii) the proposed remuneration. Interview Proposals represent merely an open invitation to a meeting.
The Recruiter agrees to communicate with the Candidate only via the Website until the Candidate accepts an Interview Proposal.
If the Candidate is interested in the Interview Proposal and accepts it, the recruitment process begins, which may include one or a number of interviews, which may be carried out in person or remotely. The recruitment process will be carried out under the responsibility of the Recruiter.
From acceptance, Candidates and Recruiters have the option of using other communication methods, of which they must keep Talent informed.
Only the conclusion of an agreement between the Recruiter and a Candidate establishes mutual obligations.
Finally, it is specified that the terms of the Contract are freely discussed between the Candidate and the Recruiter, without Talent taking part in these negotiations.
Furthermore, the Recruiter agrees to carry out all the compulsory formalities with respect to the administrations and other competent authorities at the time of hiring the Candidate.
In particular, the Recruiter must verify the candidate’s nationality and, if necessary, ascertain before the employment that the candidate possesses a valid work permit.
Furthermore, the Recruiter agrees (i) to refrain from disclosing to third parties or publicizing the names and identities of Candidates whose profiles were disclosed during the personnel procurement process and (ii) to take the necessary physical, technical and administrative measures to protect the content received via the Website from loss, misuse, unauthorized access, disclosure, alteration or destruction.
By concluding an employment Contract, the Recruiter agrees:
(i) to inform Talent, immediately and without delay, of the date of signature of the Contract, and to notify Talent of any subsequent modification (renewal, termination, new Contract, etc.)
(ii) to provide Talent with a copy of the contract or proof of employment (letter, email) or to issue a confirmation between the Candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and
(iii) to inform Talent without delay if they cease to be contractually bound to the Candidate, for whatever reason.
By accepting these ToS, the Recruiter agrees to pay a Service Fee when a Contract is concluded with a Candidate.
Talent reserves the right to change its rates and billing methods at any time after these ToS have been updated and the Recruiters duly informed by email.
Furthermore, in addition to the Service, a Recruiter may benefit from additional services, offered in the context of an appointment when registering.
These may include, in particular, Talent's assistance in facilitating their searches and, more generally, advice on the market in which Candidates operate (the so-called "Tech" market).
3.1.1 – General case
The Talent Service Fee is owed in full by the Recruiter in the following cases:
i) If they enter into a Contract with a Candidate through the use of the Service, whether or not a trial period is stipulated.
ii) If they enter into a new Contract with the same Candidate within twelve (12) months of the end of the initial Contract. The amount of the Service Fee will then be calculated on the basis of this new Contract, the terms of which may be different from the initial Contract (new remuneration, different assignments, etc.).
iii) If they conclude a Contract, within a period of twelve (12) months following the end of their use of the Service (in particular in the event of not using the Site, or deleting their account), with a Candidate identified through this use.
The Service Fee shall in this case be owed irrespective of the terms of the Contract and irrespective of the fact that an Interview Proposal or Contract may have been submitted and rejected.
iv) If they introduce a Candidate, identified through the use of the Service, to another person/company, whether or not affiliated with their company, and a Contract is concluded between this third party and the Candidate. The Service Fee is then payable on the basis of the Contract concluded between the Candidate and said person/company.
This commitment shall apply during the use of the Service, as well as for a period of twelve (12) months thereafter.
In the event of breach of these provisions, the Recruiter will pay Talent a lump sum of fifty thousand euros (£50,000) excluding tax as a penalty, notwithstanding any other action that Talent may take against the Recruiter, and any damages and other indemnities due in accordance with the ToS.
3.1.2 - Use of a service provider by the Recruiter
In the particular case of a Recruiter using a service provider to use the Service, it is agreed that the service provider may only use the Service for the needs of the Recruiter for which it is acting, and after approval by Talent.
In such an event, the Recruiter shall be responsible for the provider's actions.
All providers shall systematically be required to sign a confidentiality agreement ("NDA") before any access to the Site. This NDA is drafted by Talent and constitutes an agreement between the provider and Talent.
It is strictly forbidden for a provider to use the Service for the purposes of another person/company, whether or not affiliated with his company, or to transmit to another person/company, whether or not affiliated with his company, any of the following confidential information (without this list being exhaustive)
In the event of breach of these provisions, the Recruiter must pay Talent a lump sum of fifty thousand euros (£50,000) exclusive of tax as a penalty, notwithstanding any other action that Talent may take against the Recruiter, and any damages and other indemnities due in accordance with the ToS.
The cost of the Service Fee is detailed here: https://www.talent.io/p/en-gb/recruiters/pricing
In the event of a change in rates, Talent shall inform the Recruiters directly on the Website or by sending an informative email to each of them.
The resulting invoices shall be sent by e-mail to the address provided by the Recruiter at the time of registration.
The Service Fee is invoiced once the Contract with the Candidate is concluded. The corresponding invoice is payable outright no later than the date on which the Candidate begins the Contract.
In the event of non-payment within thirty (30) days, the amounts owed will automatically and without prior request be charged interest at a rate of 5% points above the respectively applicable base interest rate.
Any disagreement from the Recruiter regarding the invoicing of the Service Fee must be expressed in a letter stating the reasons and sent by registered post 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 shall be deemed to have accepted the invoice.
3.6.1 Undisclosed conditions of the employment contract
The Recruiter shall inform Talent of the recruitment of a Candidate within fourteen (14) days of the earlier of the following two dates:
Failing this, Talent will invoice the Recruiter for costs of up to £20,000.00, wherein this amount is due immediately from the day on which the candidate joins the company.
Talent is entitled in such a case to lock or delete the Recruiter’s account.
3.6.2 The Candidate is already known to the Recruiter
If a Recruiter can establish that they had commenced a recruitment process with a Candidate in the three (3) months prior to the date on which they became aware of the relevant Candidate Profile on the Site, the Recruiter shall be exempt from paying the Talent Service Fee.
This waiver is subject to the following three conditions being met:
(i) the Recruiter has solicited (or been solicited by) the Candidate within the three (3) months prior to becoming aware of the relevant Candidate's Profile on the Site;
(ii) the Candidate has responded positively to their solicitation (or the Recruiter has responded positively to the Candidate's solicitation); and
(iii) a discussion was still ongoing between the Candidate and the Recruiter at the time the Recruiter became aware of the relevant Candidate's Profile on the Site.
If any of these three conditions are not met or did not occur in the three (3) months prior to the date on which the Recruiter became aware of the relevant Candidate's profile on the Website, the Talent Service Fee shall be payable in accordance with these ToS.
The Recruiter agrees that in all other cases where a Candidate is hired through the Website, the Talent Service Fee shall be payable.
If the Candidate leaves the Recruiter's workforce, whether as a result of the termination of a probationary period or not, the Recruiter must contact Talent as soon as possible to inform them.
In such a situation, the Recruiter can benefit from a guarantee, subject to the following conditions
If these conditions are met, Talent grants the Recruiter a credit towards the Service Fee due on the next recruitment. To qualify:
Finally, it is specified that the credit is "portable", i.e., it applies regardless of the number of Candidates recruited to the position left by the initial Candidate.
In order for credit portability to be granted to the Recruiter:
Finally, no guarantee of any kind (nor any suspension of invoicing or discount) can be given in the event of the absence of a Candidate who is still contractually bound to the Recruiter (for sickness, maternity/paternity leave, sabbatical or parental leave, etc...).
The Users of the Website are prohibited from publishing content that does not meet the applicable legal regulations, in particular (but not limited to) the following:
If Talent is informed or believes that a User of the Website or content violates applicable law or these general ToS, Talent reserves the right to wholly or partially delete the profile in question or the content in question and/or lock or delete the User’s account and/or remove disputed content without prior notice.
Users are invited to message Talent if they believe that an Interview Proposal, a profile, a message or other visible content on the Website is obviously unlawful or violates these general ToS by sending a message to the following address: contact@talent.io.
Users are required to use the Website without damaging the Website and without overriding the offered functions. In particular, they hereby agree:
Talent reserves the right to suspend or delete the access to the account or to the service until full payment of the amounts owed in the event of non-payment by the company of one of the invoices issued by Talent.
Talent reserves the right, in the event of a violation by a User of one of their obligations mentioned in these general ToS, to suspend or delete his or her account and the possibility of using the service at any time automatically and without legal clarification, after a request has been sent to the User by email or post, to which there is no reply within eight (8) calendar days following receipt.
If Users no longer wish to use the Website and Talent’s service, they can request the deletion of their account at any time.
Termination leads to the immediate deletion of all content sent by a User to Talent, provided Talent does not still also require the content to process the contract with the respective company without this forming the basis of a claim by the User.
Irrespective of such termination, the provisions of these general ToS continue to apply for the period prior to termination.
Although Talent thoroughly reviews the content published by the Users and reserves the right to verify, change, suspend or delete accounts associated with a profile containing inaccurate information without prior notice, Talent does not guarantee the accuracy of this content and information.
In particular, Talent by no means guarantees that it carries out an investigation into the experience claimed by the applicant or the information and content provided.
Talent cannot be held liable on the basis of information and content which could prove false or unlawful.
It is therefore incumbent on the Recruiters alone if they wish to carry out an investigation or undertake all reasonable efforts to verify the qualities, experience and references of the Candidates.
The Website allows content from third party services to be published and displayed. Talent assumes no responsibility for such content with respect to Users or third parties.
Talent is not responsible for the conclusion of agreements between Candidates and Recruiters.
Any exchange and any commitment to conclude an agreement which may be signed between a Recruiter and a Candidate is the sole responsibility of these parties and excludes Talent’s responsibility.
In general, Talent cannot be held liable for direct or indirect damage resulting from communications, interactions, relationships, agreements or disputes between the Candidate and the Recruiter. In particular, Talent cannot be held liable if the Recruiter and the candidate do not fulfill the agreement, fulfill it poorly or end it, irrespective of whether or not Talent receives costs as part of the Contract.
In cases where the agreement concluded between the applicant and the Recruiter is a service or subcontractor agreement or an agreement intended to regulate the fulfillment of a task for payment of remuneration, which is not an employment contract, the candidate bears the sole responsibility for any damage which he/she may cause to the company as part of the fulfillment of his/her task. If necessary, the Recruiter can ask the candidate to conclude a contract with an insurance company known to be solvent in order to cover all damages that he/she could cause as part of the fulfillment of his/her activities.
Talent reserves the right, for any reason whatsoever, in particular taking into account technical and computer and/or telecommunication and/or maintenance-related difficulties and/or restrictions and cases of force majeure, at any time, and, if necessary, without prior notice, to interrupt access to the Website, to end or to change the functions of use of the Website wherein it is not possible to hold Talent responsible for the consequences of such interruptions or changes.
In general, Talent reserves the right to make changes of any type to the content of the Website.
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.
Force majeure is defined as an unforeseeable and/or irresistible event which is outside the influence of talent.io (such as e.g. a failure of the host, strike, lock-out, official order, sanitary crisis).
If the rendering of the Service under ToS or obligation incumbent upon talent.io is prevented, restricted or interrupted due to force majeure, then talent.io is released from the fulfillment of the corresponding contractual obligations.
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 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.
The company trademark Talent, all other trademarks, whether in image format or otherwise, illustrations, images, texts, comments and logos on the Website, irrespective of whether or not they are registered, the general structure of the Website and software texts, stationary images or moving images, know-how, designs, illustrations, databases and all other elements of the Website are and remain exclusively the property of Talent.
The same applies to all copyrights, designs, models and patents that are Talent’s property. Any duplication in full or in part, change, removal or use for any reason and on any media is prohibited without the express prior consent of Talent.
Hyperlinks to other internet sites or services of third-party providers may be available on the Website. Talent has no control over these internet sites or their content. The publication of links to other such internet sites absolutely does not mean that Talent approves these sites or the content, products or services offered by them.
By registering, the user agrees to the storage, processing and use of the data collected on that occasion by Talent. The information about the users is intended for Talent’s use.
This data is intended exclusively for managing the registration of the user and the business relationships between the User and Talent. None of this information is ever shared with a third party. Your personal data is processed in accordance with the data privacy statement at the address https://www.talent.io/privacy.
Unless otherwise agreed, Talent may indicate the name of a Recruiter registered on the Website as a reference in a document, whether it is in electronic or another format.
Talent reserves the right to freely subcontract all or part of the services for which it is responsible under these ToS.
The User expressly refrains from transferring, whether in return for payment or free of charge, all or part of the rights and obligations that he/she holds as a result of these ToS.
Please note that the general ToS can be changed by Talent at any time. The Users will therefore be asked to check the general ToS themselves regularly.
If important or essential changes are made to the general ToS for Talent’s service, the site will be updated with the general ToS on the Website. If you are registered on the Website, we will also inform you of the changes by email. Any change to the general ToS enters into force in relation to new Users of the Website immediately and enters into force thirty (30) days after publication of the new general ToS for existing Users. If you reject the new general ToS after you have been informed about a change, you must cease using the Website. Otherwise, your continued use of the Website will be considered as consent to these changes.
These general ToS replace earlier versions of Talent’s general ToS.
If individual provisions of the contract or these conditions are ineffective or the contract contains gaps, the effectiveness of the remaining provisions will not be affected thereby.
The fact that Talent does not refer at a determined time to one of the clauses of these terms of service and/or that the user does not fulfill one of their obligations under these terms of service, cannot be interpreted as Talent waiving the right to later refer to one of these clauses or contractual obligations.
Accordingly, other rules may not have priority over these terms of service, unless Talent has expressly agreed to this in writing. Any contrary determination, lodged by a User, is therefore not enforceable against Talent without express consent, irrespective of when Talent became aware of it.
