Version 1.0 / Last modifications: Feb 16 2021
This website https://tietalent.com (thereafter called the 'site') is published and operated by TieTalent SA and its subsidiaries
(TieTalent),a Swiss company headquartered at Chemin du Closel 5, 1020 Renens. TieTalent GmbH, a German company based at Curiestrasse 2 70563 Stuttgart Germany as well as TieTalent Barcelona SL, a Spanish company based at Av. de Francesc Cambó 17 08003 Barcelona Spain, are subsidiaries of TieTalent SA.
Email address: email@example.com
Phone: +41 (0) 78 226 07 07
1. In general
1.1. Definitions. Generally, the terms starting with a capital letter in the present Terms and Conditions have the meaning attributed to them in Clause 1 in the General Terms and Conditions or otherwise in the present terms and conditions.
1.2. Relationship with the General Terms and Conditions. The present Terms and conditions applicable to the referral programme apply in addition to the General Terms and Conditions and the other documents included in the Contractual Documentation. In the event of conflict between the General Terms and Conditions and the present Terms and conditions applicable to the referral programme, these latter shall prevail.
2.1. TieTalent offers Users the opportunity to register for the referral programme for new Candidates.
2.2. TieTalent wants to remunerate Users who have put TieTalent into contact with a Candidate (the “Facilitator”), (as specified in Clause 4 in the present Terms and conditions applicable to the referral programme) when the User’s activity has directly led to the Candidate brought into contact with TieTalent by the Facilitator (the facilitated Candidate) concluding an Employment Contract (as defined in the Terms and Conditions applicable to linking up Candidates and Employers) with an Employer.
2.3. The present terms and conditions are intended to govern the relationship between TieTalent and the Facilitator.
3. Facilitator’s Activities
3.1. Indicating the opportunity to conclude a contract with a Candidate. The Facilitator may link up TieTalent with new Users by completing the form dedicated to that purpose on the website.
3.2. Intermediation for negotiating contracts with a Candidate It is not the Facilitator’s task to negotiate contracts with Candidates seeking employment. Facilitator has no power of representation to conclude business on behalf of TieTalent and shall not in any event commit TieTalent in dealings with third parties, and especially with the Employer.
3.3. TieTalent’s choice of business model The Facilitator recognises and accepts that adherence to the referral programme does not limit TieTalent in the choice and definition of its business model, including as regards the linking up of Candidates and Employers on the Platform, which TieTalent may in particular decide to bring to an end to at its sole discretion.
3.4. Exclusivity. The Facilitator does not benefit from any exclusivity. TieTalent does however reserve the right to exclude at any time certain persons, activities or territories from the referral programme. TieTalent shall list persons, territories and areas of activity that are excluded from the referral programme or the persons, territories and areas of activity for which TieTalent shall not remunerate the Facilitator even if entitled to remuneration under the present terms and conditions.
3.5. Areas of activities TieTalent indicates on the Website pages dedicated to the referral programme Candidates’ areas of activities that could give the right to remuneration. TieTalent only engages in employment agent activity in relation to certain areas of activity. Note that Facilitators who bring a Candidate in a field of activity listed as not giving an entitlement to remuneration or a Candidate who is not active in the required areas will be not entitled to any remuneration.
4. Remuneration and expenses
4.1. No fixed remuneration The Facilitator is not entitled to any fixed remuneration.
4.2. Remuneration in the case of success - principle. Remuneration will be owing to the Facilitator when during registration the Candidate facilitated uses the link generated for that purpose after the Facilitator has filled in the sponsorship form. No remuneration will be due if the Candidate is already registered on the Platform or in contact with TieTalent at the time the Facilitator introduces the Candidate of if the Candidate decides not to get in touch with TieTalent. The Candidate’s use of the link generated to register on the Platform is the only unique irrefutable proof that the Facilitator has put TieTalent into contact with the User in question. If the Candidate does not use the link when registering on the Platform, no remuneration will be due to the Facilitator.
4.3. Remuneration in the case of success– Amount. The Facilitator’s remuneration consists in a fixed amount, indicated on the pages of the Website dedicated to the referral programme, when the first Employment Contract is concluded between the Candidate facilitated and a Company registered on the Platform
For the sake of clarity, the Facilitator recognises that mere registration of the Candidate facilitated on the Platform does not give rise to the payment of remuneration, which will only take place if the first Employment Contract between said Candidate and a Company registered on the platform is concluded. It is also specified that the commission is only due and payable once per Candidate facilitated when his or her first Employment Contract is concluded through the Platform, without regard to the duration of the first Employment Contract.
4.4. Remuneration in the case of success– Types. If an employment Contract is concluded between a Candidate facilitated and a Company registered on the Platform, giving rise to payment of a remuneration, a detailed account will be established by TieTalent and sent by email (or any other means TieTalent deems appropriate) to the Facilitator. The detailed account will be available for consultation by the Facilitator within a reasonable time after the first Employment Contract has been concluded for the Candidate giving rise to remuneration. The detailed account will include indication of the Candidate(s) facilitated who have concluded their first Employment Contract through the Platform and the Facilitator’s remuneration (the “Detailed account”) The Facilitator will have 3 (three) days to reply to the Detailed account in writing, otherwise it will be considered accepted and TieTalent shall proceed to pay the Facilitator’s remuneration as soon as possible, according to the details (especially bank details) provided by the Facilitator. In the event of a dispute, the Facilitator will give a brief indication of the reasons why he/she is disputing the Detailed account. The parties will meet as soon as possible to try and reach a friendly settlement of their dispute. If no agreement can be reached within 30 days counting from TieTalent’s reception of the written reply, then Clause 11 in the General Terms and Conditions applies.
4.5. Taxes All the amounts mentioned in the Statement are understood to be excluding tax (if said taxes are applicable), and they will be invoiced in addition as appropriate. The Facilitator is solely liable for payment of all levies, taxes and similar contributions stemming from any payment in his/her favour on the basis of the present terms and conditions.