Terms and conditions: Version published on 07th August of 2018
These Terms constitute an agreement between talent.io UK Limited (talent.io) and you.
talent.io UK Limited is an UK company with registered office at talent.io UK Ltd, 10 Devonshire Square, London EC2M 4AE, United Kingdom and registered number 10015897. talent.io is the owner and operator of the website accessible at https://www.talent.io (the Website), and of the recruitment service provided by talent.io on its Website (the Service).
PLEASE READ THESE TERMS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING "I AGREE", YOU DECLARE THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO ENTER INTO A CONTRACT WITH TALENT.IO; AND (3) YOU ARE AUTHORISED TO MAKE A COMMITMENT ON YOUR OWN BEHALF, OR ON BEHALF OF THE COMPANY STATED TO BE YOUR EMPLOYER WHEN REGISTERING, AND THEREFORE TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS THE WEBSITE OR THE SERVICE.
talent.io operates as an employment agency as defined by the Employment Agencies Act 1973 (as amended). talent.io shall comply with all laws applicable to an employment agency, including the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended). For the avoidance of doubt, talent.io is not and shall not be the employer, agent, partner or joint venture partner of any Candidate of Employer. The Candidate is employed or engaged by the Employer. Please note that these Terms may be modified at any time, therefore you are invited to consult them regularly. When important or significant changes are made, the page containing the Terms will be updated on the Website. We will also update the "Version published on" date at the top of the Terms. If you are registered on the Website, we will also notify you by email of any changes. Any modification of the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after the publication of the new Terms for existing Users. If you do not agree to the new Terms, your sole remedy is to cease using the Website and Service. Otherwise, your continued use of the Website will constitute acceptance of the change(s).
Terms: these terms and conditions.
Candidate: any individual who registers on the Website seeking professional opportunities for fixed-term contracts or permanent contracts.
Employer: any organisation that registers on the Website that is interested in employing a Candidate.
Interview Request: A message sent by the Employer to a Candidate to notify the Candidate of the Employer’s interest. An Interview Request is not binding and does not create any contractual obligations for the Candidate and/or the Employer.
Visibility Process: the period of thirty (30) days or such longer period as we may agree, during which Employers can make Interview Requests to Candidates
Website: the website https://www.talent.io
User: a registered user of the Website. A User can be a Candidate or an Employer.
You: any visitor to this Website
Description of the Service
3.1 For Candidates
talent.io is an online service that connects Candidates with Employers via a clear and non-legally binding Visibility Process. As a Candidate, you have the opportunity to find employment in a transparent manner by allowing multiple Employers to send you Interview Requests before you even begin the interview process. The use of talent.io is totally free for Candidates. The Visibility Process is non-binding and does not create any contractual obligations between the Employer and you. It is designed to maximise your value in the market and to attract multiple Employers effectively, quickly and without obligation.
3.2 For Employers
As an Employer, talent.io gives you the chance to see qualified profiles and reduce the costs associated with recruitment. You have the right to send Interview Requests to the Candidates listed on talent.io whose profiles correspond to those your organisation is seeking. These Interview Requests are not binding in nature and are without obligation. They do not constitute the formation of an employment contract binding you in any way whatsoever to the Candidates. A fee is due only on employment or other engagement of a Candidate.
talent.io does not conduct any investigations into the experience of its Users and does not perform any verification of the statements made by Users; however, talent.io reserves the right to carry out any such checks or to use any other valid means by using publicly available information. Therefore, Users are responsible for investigations, or any other means of due diligence, required before any employment or other engagement to verify the qualities, experience and references of Candidates and the suitability of Employers.
By creating an account on the Website, you agree to provide accurate, truthful, complete and current information. If you provide false, inaccurate, out-dated or incomplete information, talent.io has the right to suspend or terminate your account. You are responsible for all activities that occur on your account.
You also agree not to create an account using a false identity or false information, or on behalf of someone else. You must not have more than one account and must not register or use the Website if you have already been banned from the Website.
To use talent.io as a Candidate you must register and create a profile. Use of the Website and the Service is free for Candidates. Upon registration, we may ask you to provide information such as your name, email address, education, professional experience, skills and other information that we consider relevant.
In addition, you agree to provide any proof of identity that we may require from you. 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 Terms.
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. We reserve the right, at our sole discretion, to accept or reject your registration. If your registration is accepted, you will be allowed to use our Service.
To use talent.io as an Employer, you must also register. Registration is free. When registering, we may ask for additional information about your organisation and the types of Candidates you are seeking. Once registered as an Employer, you can create one or more searches to specify the type of Candidate you are seeking. We will review the information you have provided to us during the registration process and any other publicly available information. We remind you that in order to create an account on the Website, you must confirm that you have authorisation from your Employer. We reserve the right to verify that you have such authorisation.
We reserve the right, at our sole discretion, to accept or refuse your registration to use our Website. If your registration is accepted, you will be allowed to receive profiles of Candidates and have the opportunity to send them Interview Requests.
Once the registration form has been validated, you will receive an email to the address provided to confirm creation of your account.
5. Your password
You are strongly advised not to choose a password constituting a common word and to alternate numbers and letters. It is your responsibility to change your password regularly. You are solely responsible for your password and the use made of it. You shall not share it with anyone else and not to allow other people to use your talent.io account. You agree that entering your email address and your password is proof of your identity.
6. Your obligations and commitments
You shall (1) use any content posted by other Users (by Employers or by Candidates, as appropriate) in accordance with the laws applicable to the right to the respect of privacy and the protection of personal data; (2) as an Employer, not disclose, beyond your in-house service dedicated to recruitment and for your own goal of recruiting a Candidate, the names or identities of Candidates or information relating to an Interview Request made; (3) as a Candidate, not disclose any information relating to an Interview Request received; and (4) take the appropriate physical, technical and administrative measures to protect the content that you obtain when using the Website and Service from loss, misuse, unauthorised access, disclosure, alteration or destruction.
Our Service allows the uploading of photos, curricula vitae and any other information and enables the sending of messages and communication with other Users (Content).
6.1 Your Content
- upload Content in breach any applicable laws and regulations;
- upload Content that is illegal, degrading, violent, threatening, defamatory, libellous, vulgar, obscene, indecent, immoral, hateful, racist, xenophobic, anti-Semitic, sexist, constituting harassment or discrimination, or that violates others' privacy, personal dignity, respect for personal data, confidentiality or secrecy of correspondence;
- upload Content that infringes the intellectual property rights of others;
- disseminate information that is deliberately false or in order to harm others;
- upload Content to promote or condone illegal activities, incite hatred and harass others.
We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about a third party. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. You may notify talent.io if you think that an Interview Request, profile, message or any other visible content on the Website, is manifestly unlawful or in breach of these Terms, by sending a message to the following address: firstname.lastname@example.org
6.2 Your use of the Website
To the extent permitted by law which is not capable of exclusion, you agree:
- Not to copy, distribute or to disclose any part of the Website by any means whatsoever;
- Not to download, publish, transmit or distribute materials that contain viruses or any other computer code, files or programs designed to interrupt, hinder or limit the functioning of any software, hardware or other equipment relating to telecommunications;
- Not to interfere with or hinder the operation of the Website or its servers;
- Not to go beyond your User privileges, for example by attempting to use tools to which you do not have access or by deleting, adding or modifying the content of the Website;
- Not to imitate or impersonate a Candidate, Employer or any person from the talent.io team;
- Not to sell or transfer your account to third parties;
- Not to implement practices that could appear to be spam, such as the promotion of a website via fake links, or the promotion of your own website or business by publishing advertising messages in your profile.
7.1 The role of the Candidate
During the Visibility Period, Candidates will be visible to Employers seeking relevant profiles and Candidates may receive Interview Requests from these Employers. Where possible, each Interview Request will include details of remuneration and a job description. Candidates agree to respond to each Interview Request sent by an Employer within a maximum of 24 hours after receipt.
The Candidate then has the option - not the obligation - to accept one or more Interview Requests. Acceptance of an Interview Request simply begins the traditional recruitment process (interviews, etc.).
If the Candidate receives a written job offer from an Employer, the Candidate agrees to respond to the Employer within 48 hours.
In all cases, the Candidate must demonstrate professionalism and motivation both during the Visibility Period and during each interview with an Employer.
The Candidate should always make themselves available for any contact from the talent.io team during the Visibility Period.
7.2 The role of the Employer
Employers can access the profiles of Candidates who match their search criteria. They may then make an Interview Request to one or more Candidates. If a Candidate accepts the Interview Request, the traditional recruitment process then begins (interviews, etc.). Once the Employer has found a Candidate on our Website, the Employer agrees to communicate with the Candidate exclusively via our Website for the duration of the Visibility Process. The Employer and the Candidate may use other means of communication once the Candidate has accepted the Interview Request. The Employer agrees not to try to circumvent our Website and Service by attempting to communicate independently of our Website and to employ the Candidate by other means, after finding the Candidate on our Website.
7.3 The role of talent.io
talent.io provides a location and technical tools for Candidates to enable them to search for and contact Employers. The agreements established between Employers and Candidates do not bind talent.io contractually. talent.io has no obligation to enforce any agreement between Employer and Candidate. talent.io is not involved in the formation of these agreements and cannot be held liable for any damages resulting from the enforcement or not of these agreements.
8.1 The Candidate
A Candidate shall immediately inform talent.io he/she accepts an offer of employment, whether permanent or for a fixed term, or any other offer for the engagement of the Candidate’s services from an Employer found through the Service.
The Candidate shall provide a copy of the contract to talent.io, and inform talent.io immediately, if the contract is amended or terminated, for whatever reason, in the 12 months from the date that it was signed.
8.2 The Employer
Following signature of an employment contract or a service contract with a Candidate, the Employer shall provide a copy of the contract to talent.io and inform talent.io immediately if the contract is amended or terminated for whatever reason within 12 months from the date on which it was signed.
Responsibility lies with the Employer to carry out the mandatory formalities required by law and concerning the Candidate. The Employer must, in particular, verify the Candidate’s nationality, and, where appropriate, check to confirm before appointing the Candidate, that he/she has a valid work permit. The Employer is also responsible to ensure that the Candidate undergoes a pre-employment medical examination if required.
The Employer will be liable for the full payment of talent.io fees:
- a) if within 12 months after being introduced through the Visibility Period the Candidate accepts an offer of employment or other engagement with the Employer, including an offer of employment or engagement that is different from the initial offer.
- b) if within 3 months after being introduced through the Visibility Period, the Employer introduces the Candidate to any other person or company who subsequently employs or engages the Candidate.
If the Employer decides to appoint several Candidates who had been identified through talent.io, the full fee will be payable in respect of each Candidate presented by talent.io and hired by the Employer.
talent.io fees must be paid regardless of whether a probation period is required or not.
8.3 Payment of Fees
The Employer can choose between two payment options:
OPTION 1: In respect of a Candidate employed, the Employer pays a fee equal to 15%+VAT of the gross annual salary set out in the employment contract and in respect of a Candidate otherwise engaged for example as a freelancer or consultant, whether under a personal services company or not, the Employer pays a fee equal to 20% +VAT of the Candidate’s day rate.
If the Candidate ceases to be contractually bound to the Employer within 3 months from the start date of the candidate, the company can apply to talent.io for a full refund for the fee relating the relevant candidate.
All amounts owed by the Employer are paid up in accordance with these Terms;
The Employer has notified talent.io of the termination of the contract in writing by registered letter or e-mail within 14 days of the termination;
The Employer, its subsidiary or another company in the group did not hire the Candidate within 12 months after the contract has ended;
The reason for the termination is entirely in relation to the qualifications, attributes or conduct of the Candidate;
The Candidate was not laid off for economic reasons or due to internal restructuring by the Employer;
The Candidate was not hired on a freelance/contract basis within the framework of a service agreement;
The Candidate was not initially hired as an employee and then switched to a service agreement.
OPTION 2: The Employer pays a monthly finder’s fee (for 18 months) equal to 1% + VAT of the gross annual remuneration of the hired Candidate (‘monthly recruitment fees’) indicated in the employment contracts or the annual remuneration under a service contract calculated on the day rate for 260 working days.
The first payment must be made by direct debit and paid on the date that the Candidate starts to work. All further payments must be made by direct debit and set up to go through on a monthly basis, for a period of 18 months, and identified by talent.io.
talent.io will stop any further monthly recruitment fee payments at the end of the month of the Candidate’s last day with the Employer, provided that:
- All payments due by the Employer have been paid in conformance with these Terms;
- The Employer has notified talent.io of the termination of the contract in writing (by registered letter or e-mail) within 14 days of the termination;
- The Employer, its subsidiaries or another company in the group did not hire the Candidate within 12 months after the contract has ended;
- The reason for the termination is entirely in relation to the qualifications, attributes or conduct of the Employee who had been found through talent.io;
- The Candidate was not laid off for economic reasons or due to internal restructuring by the Employer;
- The Candidate was not hired on a freelance/contract basis within the framework of a service agreement;
- The Candidate was not initially hired as an employee and then switched to a service agreement.
In relation to Interns. Payment to Talent IO UK Limited of a sum of £1500 + VAT on the date of signature of the internship agreement between the Candidate and the Recruiter.
Payment to Talent Club Service Fee of £1500 + VAT in the event that a contract of employment, service, subcontracting or any other type of contract intended to govern the performance in return of remuneration is made within three (3) months of the termination date of the internship agreement. There is no rebate period or refund on the hiring of interns from the talent.io platform.
(i) An Employer who bypasses our Site after hiring or approaching a Candidate, who was found on the Site, must in addition to the fees paid under Clause 8.4 above, damages equal to 15% of the gross annual remuneration of the Candidate.
(ii) If an Employer fails to inform talent.io of the recruitment of a Candidate registered on the Website within 14 days of whichever of the two dates comes first:
- the date on which his/her contract was signed;
- the date on which the Candidate started to work for the Employer.
The Employer must in addition to the fees paid under Condition 8.4 above pay damages equalling 15% of the gross annual remuneration of the Candidate.
If the Employer fails to supply the employment contract (or service agreement) or a document outlining the key terms and conditions of the contract (remuneration, date on which the contract is signed, etc.) as agreed with the Candidate, the Employer must in addition to the fees paid under Clause 8.4 above pay talent.io damages totalling 30% of the gross annual remuneration median for the position under consideration as indicated on the salary scale published annually on the UL Internet site.
If this salary scale is not available for the position under consideration, talent.io reserves the option to use as a substitution reference the gross annual remuneration initially offered to the Candidate by the Employer during the Recruitment Search on the Website.
The parties agree that the amounts set out in this Condition represent an genuine pre-estimate of the loss that talent.io will suffer as a result of the Employer’s acts or omissions.
8.5 No recruitment fee due
If the Employer can prove that he has started an Active Process (as defined below) with the future employee in the three months preceding the date on which the Employer became aware of the relevant Candidate’s profile being featured on talent.io, the Employer will be exempt from payment of the recruitment fees to talent.io.
An Active Process has occurred if (1) the Employer provides written proof that it had approached (or had been approached by) the Candidate in the three months preceding the date on which the Employer became aware of the Candidate’s profile on talent.io; (2) the Candidate responded positively to the approach (or that the Employer responded positively to the approach by the Candidate); and (3) a discussion was on-going between the Candidate and the Employer on the date on which the Employer became aware of the Candidate’s profile on talent.io.
If any one of these conditions (1, 2, 3) is not met, the recruitment fee is payable to talent.io under Condition 8.4.
talent.io shall be entitled to submit an invoice when the fee becomes payable. An Employer, who has selected to make monthly recruitment payments, must complete the direct debit authorisation which will be provided to them by talent.io. The Employer must inform talent.io immediately of any changes of billing address or payment account details. An Employer who has chosen the lump sum fee payment option must pay talent.io by bank transfer.
talent.io invoices are payable upon receipt. If payment is not received within 30 days, talent.io shall be entitled to charge costs and interest on the outstanding amount without notice, in accordance with the Late Payment of Commercial Debts (Interest) 1998.
Any dissatisfaction on the part of the Employer regarding an invoice or the nature of the Services must be clearly expressed in a letter addressed and sent by registered mail within 14 days from the date of the invoice. In the absence of such a letter, the Employer will be held to have accepted the invoice. All talent.io invoices are available on-line to the Employer.
8.8 Changes to fees and billing arrangements
talent.io reserves the right to change its fees and billing arrangements at any time and informing you accordingly by email.
9. Intellectual property
The talent.io brand, consisting of the trade marks, whether registered or not, all the other marks, illustrations, images, texts, commentaries and logotypes appearing on the Website, whether registered or not, the general structure of the Website, as well as the text software, animated and still images, expertise, drawings, illustrations, data base or any other elements comprising the Website, is and will continue to be, the exclusive property of talent.io and its licensors.
The same applies to any copyright, design, utility certificate or patent which is the property of talent.io. Any reproduction, in whole or in part, modification, extraction or utilisation, for whatever reason and by whatever means, without the prior and express approval of talent.io, is strictly forbidden.
10. Links to third party content
Links to other third party internet sites may be available on this Website. talent.io has no control over these internet sites or their contents. The publication of links to such internet sites does not in any way imply that talent.io approves of these sites, their contents or the products and services offered on them. You are solely responsible for using them.
We accept no responsibility for adverts contained within the Website. If you agree to purchase goods and/or services from any third party who advertises in the Website, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
11.1 Confidentiality of log in details
The User agrees to keep his/her password and other log in details secret and to not divulge them in any form.
In the event of the loss or theft of any of log in details, the User must inform talent.io immediately and in writing (by e-mail or letter with recorded delivery).
11.2 Confidentiality of data
Users agree to keep confidential all information relating to other users that is provide to them or otherwise accessed by them through the Website and/or in relation to the Services.
12. Exclusion of liability
We shall (a) provide the Services with reasonable skill and care; (b) use industry standard virus detection software to try to block the uploading of content to the Website that contains viruses; and (c) subject to Condition 14 below provide you with access to the Website and the Services.
Save in relation to our obligations set out in above, the Services and the Website are provided on an “as is” basis. We do not warrant that a Candidate will find a job, nor that an Employer will fill a job nor that a Candidate will be suitable for a job vacancy, or an Employer suitable for a Candidate. To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Website and the Services; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
We will not be liable, in contract, tort (including negligence or under statute) or otherwise, as a result of or in connection with the Website or the Services, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; (d) special or indirect or consequential loss even if advised of the possibility of such losses; and/or (e) any loss arising from your failure to provide accurate and complete information when required to do so.
Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.
13. Availability of the Service
We will use reasonable endeavours to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You should promptly report any fault in the Website and/or the Services to email@example.com and we shall endeavour to remedy the fault as soon as reasonably practical.
14. Suspension and Termination
14.1 By talent.io
In the Employer fails to pay invoice by the due date or otherwise is in breach of these Terms, talent.io reserves the right, to terminate access to the Services or suspend access to the Service until such time as all outstanding payments have been made or the breach cured.
If any User breaches any of his/her obligations under these Terms, talent.io can suspend or terminate his/her account and his/her right to use the Service at any time without notice.
14.2 By the User
If you wish to terminate your account, you can do so by following the instructions on the Website.
If it is no longer possible for the User to connect to the internet, he/she could terminate the account by sending a letter with recorded delivery to talent.io.
14.3 Consequences of Termination
Termination may result in the immediate deletion of all content that you have submitted to talent.io. talent.io will not be held responsible for the suspension or termination, including the loss of your content. All the provisions of these Terms which, by their nature, should continue to apply after cancellation, are applicable after cancellation, including, without limitation, the terms and conditions on ownership, the terms and conditions on recruitment fees, exclusion of liability, indemnity and limitation of liability.
talent.io may include the name of any Employer in any document, electronic or otherwise, for marketing and publicity purposes.
talent.io reserves the right to subcontract in whole or in part, its obligations under these Terms.
These Terms (as amended from time to time) constitute the entire agreement between us concerning your use of the Website to the exclusion of all other terms and conditions including any terms or conditions which you purport to apply.
You may not assign your rights or obligations under these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms are governed by the laws of England and Wales and any dispute about the validity, interpretation or termination of the Terms will be subject to the exclusive jurisdiction of the courts of England.