Terms and Conditions

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 Epplestraße 5A 70597 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: info@tietalent.com
Phone: +41 (0) 78 226 07 07

1. Definitions

GTCs

The present General Terms and Conditions, as appropriate in the version as amended by TieTalent.

Candidate

All natural person Users seeking to sign an Employment Contract with an Employer through the Platform.

Customer, Company or Employer

All legal person Users seeking to recruit a Candidate through the Platform.

The Agreement or Contractual Documentation

The use agreement signed between us and you when you accept these GTCs.

The Employment Contract

The contract signed for a fixed or indeterminate duration between an Employer and Candidate under which said Candidate provides services to the Employment in return for a salary or wage. The notion of Employment Contract under the present terms and conditions includes in particular work relationships within the meaning of Articles 321 et seq in the Swiss Code of Obligations (CO ; RS 210) as well as other types of service agreements such as agency or freelance agreements arranged through the Platform.')

The Platform

The secure Website pages, accessible only to registered Users, enabling communication between Companies and Candidates.

The Services

The services offered by TieTalent as described in Clauses 2.1 and 2.2.

The Website

The Website which can be found at www.tietalent.com and any other domains linking to said address.

Talent Agent

The natural person dedicated to a Candidate admitted to the Platform to help, advise and support him or her during the recruitment process with an Employer.

TieTalent or us

TieTalent SA (CHE-331.223.069) based in Chemin du Closel 5 1020 Renens Switzerland and its subsidiaries. TieTalent GmbH, a German company based at Epplestraße 5A 70597 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. TieTalent SA is authorised to practice private placement activities on a federal law point of view.

User or you

Any person using the Platform or any other format facilitated by TieTalent.

2. The services

2.1. TieTalent acts as a private employment agent.

2.2. TieTalent enables in particular automatic communication between Companies and Candidates through its platform.

2.3. Only registered Users can offer or seek employment through the Platform.

2.4. The GTCs apply to all the Services TieTalent offers. Special provisions may apply to certain services offered by TieTalent and are the object of special agreements.

3. The agreement

3.1. By using the Platform and Services offered by TieTalent, especially during communication between Candidate and Employer, you agree to be bound by the following contractual documentation.

a) The present General Terms and Conditions.

b) Our Privacy Policy.

c) Our Cookies Policy.

d) The particular provisions applicable to certain services offered by TieTalent, in particular.

(i) The terms and conditions of use of the Services by Candidates

(ii) The terms and conditions of use of the Services by Employers (said terms and conditions being applicable and only accessible to Employers); and

(iii) the terms and conditions applicable to the sponsorship programme.

if said Services are used.

3.2. The General Terms and Conditions, the Privacy Policy, the Cookies Policy and the particular provisions applicable to certain services offered by TieTalent are an integral part of the Agreement with TieTalent.

4. Use of the platform - in general

4.1. In principle, the Website is accessible to all Users whether or not they are registered.

4.2. Certain Services are only accessible to registered Users (Clause 2.3), in particular, access to the Platform. The data you transfer to us when registering and using our Services are managed according to our Privacy Policy.

4.3. You must be at least 16 years of age and of sound mind, or a legal person to register on the Platform and use the Services for registered members offered by TieTalent. Please see the terms and conditions in our Privacy Policy for further details.

4.4. It is your responsibility, when you register and if there are any changes while you are using the Platform, to provide full and correct information. Under our Privacy Policy, you can rectify inaccurate personal information/data at any time.

4.5. There is no entitlement to create and maintain a profile on the Platform and/or participate on the Platform and we are free to refuse or exclude a User at any time, without giving a reason.

4.6. The Platform requires the use of cookies. Cookies are managed according to our Cookies Policy.

5. Use of the platform - unlawful, inaccurate or inappropriate content

5.1. TieTalent does not systematically monitor the content posted on the Platform and has no obligation to do so. Users are solely liable for the content they post on the Platform.

5.2. Users undertake not to post unlawful content on the Platform such as racist or pornographic content, scenes of violence, defamatory statements, content infringing the rights of third parties, etc. TieTalent reserves the right to erase any content on the Platform that it deems to be unlawful or an infringement of its rights or the rights of third parties and to exclude, temporarily or definitively, any User who posts such content on the Platform, without notice.

5.3. Users also undertake not to post inaccurate, misleading, obscene, disparaging, shocking or otherwise inappropriate content on the Platform. TieTalent also reserves the right to erase without notice any content which it reasonably deems to fall into one of these categories. The User who has posted such content may be temporarily or definitively excluded from the Platform, without notice.

5.4. The Website and the App provide a complaint form for Users and third parties to notify TieTalent of any such content. If said form is missing, Users can notify TieTalent about said content using the general contact form.

6. Guarantee

6.1. TieTalent makes all reasonable efforts to ensure that the information on the Platform (and on the social media it hosts) is accurate. However, TieTalent shall not be held liable under any circumstances for the accuracy of the information.

6.2. Platform content does not constitute advice, recommendations, guarantees or authorisations from TieTalent. It is not intended to be the basis for decision making and/or any type of use. Any User who makes a decision on the basis of, or who in any other way uses, Platform content does so at his or her own risk. TieTalent expressly excludes all guarantees, including in particular all guarantees of fitness for a particular purpose and non-infringement of rights.

7. Liability

7.1. In general. Subject to the exceptions provided for by law, TieTalent’s liability is excluded for all its Services and for all content posted by TieTalent or its Users on the Platform.

7.2. Content posted by Users / links. Please note that TieTalent has no obligation to verify the content and links posted on the Platform by Users and is therefore not liable for the content and links found there or for the consequences of recording wrong or inaccurate data. TieTalent’s liability is expressly excluded for the lawfulness, accuracy, truthfulness, quality, timeliness, comprehensiveness and/or reliability of content posted on the Platform and the content of external websites which links posted on the Platform may direct to or for the consequences of recording inaccurate or wrong data on the Platform.

7.3. Technical problems. TieTalent accepts no liability for any temporary unavailability and/or malfunctions of the Platform, whatever the reason.

8. Compensation

8.1. Each User undertakes to compensate TieTalent, its subsidiaries, employees, managers, directors, consultants, representatives, successors or buyers (for the purposes of the present clause only, “TieTalent Affiliates”) for any damage sustained by TieTalent or TieTalent Affiliates in connection with claims brought by third parties (including other Users) due to the acts or omissions of that User on the Platform, especially if third party intellectual property rights are infringed. The compensation will also cover legal, litigation, procedural, appraisal, negotiation and counsel costs and all other costs and expenditure incurred by TieTalent and TieTalent Affiliates for the defence.

8.2. TieTalent shall notify the User concerned as soon as possible and in writing of each claim issued by a third party against TieTalent or TieTalent Affiliates. The User concerned (i) undertakes to help TieTalent or TieTalent Affiliates in any proceedings, especially legal proceedings brought by allegedly injured third parties; (ii) undertakes to provide TieTalent or TieTalent Affiliates with all the information necessary for TieTalent or TieTalent Affiliates’ defence, (iii) exclusively authorise TieTalent or Tietalent Affiliates to lead the defence and/or appoint the representative of their choice to do so, and (iv) grants TieTalent and TieTalent Affiliates and as appropriate their representative, exclusive power to reach an agreement (negotiate) after prior consultation with the User concerned.

9. Intellectual property

9.1. The Website and the Platform including their interfaces and their codes are the exclusive property of TieTalent and must not be reproduced or otherwise used by Users, except in the context of normal use of the Platform.

9.2. TieTalent authorises Users to reproduce and diffuse the Website and Platform content created by TieTalent (e.g. Editorial content) provided they expressly indicate the Platform as the source of the content in question.

9.3. User guarantees that it has all the necessary rights to post and make public its content on the Platform. To the extent where certain content may enjoy legal protection, in particular copyright or other intellectual property rights, User gratuitously grants TieTalent an unlimited right to reproduce and diffuse as required to operate the Platform and authorises other Users to make that content public as contemplated in Clause9.2.

9.4. User authorises TieTalent gratuitous unlimited use of the logos, images, company names, brands and other information posted by said User on the Platform to promote its Services on the Website, the Platform or any other format (especially social media) facilitated by TieTalent.

10. Miscellaneous

10.1.Inserts and pictograms For the purposes of clarity, especially on the sales pages, TieTalent may provide information on all or part of the contractual documentation through inserts or a pictogram system. The purpose of said inserts and/or pictograms is purely indicative: only the contractual documentation is valid.

10.2. Interruption of the Website, Platform and all or part of the Services. Tie Talent reserves the right to stop operating all or part of the Site and/or the Platform, the offer of certain Services or part thereof, definitively or temporarily without prior notice.

10.3. Force majeure. Non-execution nor late execution of its obligations by one of the parties shall not constitute breach by the party in question of its contractual obligations to the extent where the delay or non-execution are due to a situation of force majeure (e.g. natural disasters, war, riots, civil unrest, fire, epidemic, pandemic) or other circumstances outside the reasonable control of said party such as technical problems that cannot be attributed to TieTalent. Computer virus and attacks by hackers against IT systems are considered force majeure, provided reasonable security measures have been adopted.

10.4. Transfer. The rights and/or obligations of the User under the Agreement cannot be transferred to another person. User expressly authorises TieTalent to assign its rights and to subcontract any of its obligations arising from the contractual documentation.

10.5. Severability Should a provision in the contractual documents or part thereof become invalid or inapplicable, the validity and applicability of the remaining provisions or the remaining part of the provision shall not be affected or compromised. User agrees, as appropriate, to replace the provision or the invalid or inapplicable part with a valid or applicable provision that is as close as possible to the original provision and which, as far as possible, achieves the same financial and legal result.

10.6. Entire agreement. The contractual documentation, as described in Clause 3.1, contains the entire agreement between you and TieTalent as regards the object of the present GTCs and replaces all agreements or understandings regarding the object of the present GTCs that you and TieTalent may have signed before the present GTCs came into force.

10.7. No waiver No waiver by TieTalent from the requirement that you comply with a provision in the contractual documentation (Clause 3.1) shall be considered a waiver that can be cited or invoked in any previous or subsequent infringement of the Agreement even if the infringement is of a similar nature.

10.8. Languages The contractual documentation has been drafted in French, English and German. If the versions differ, the French version shall prevail.

11. Governing law / venue

11.1. The Agreement, and all the contractual documentation are subject to Swiss law except for its conflict of laws rules.

11.2. Any dispute flowing from or in relation to the present General Terms and Conditions or any other document in the contractual documentation will be submitted to the exclusive competence of the courts in Lausanne, Switzerland.

12. Validity/ Duration/ Amendments to gtcs

12.1. The Agreement comes into force for a given User when User accepts the GTCs, it being specified that all use of the Website and/or the Platform constitutes tacit acceptance. The Agreement shall remain valid for as long as the User uses the Website and/or the Platform.

12.2. TieTalent reserves the right to amend the GTCs at any time. TieTalent will publish the amended version on the Website and the Platform and shall notify Users of the new GTCs by email, a pop-up window or by another method of its choosing. Should the User disagree with the amendments, User may terminate the Agreement by stopping all use of the Platform with immediate effect. If User continues to use the Website or the Platform, the most recent version of the GTCs will be deemed to have been accepted by User.

Terms and Conditions Candidates
Terms and Conditions Companies

Terms and conditions of use of the services by Candidates

1. In general

1.1. Definitions. Generally, terms starting with a capital letter in the present Terms and Conditions on the use of Services by Candidates 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 of use of the Services by Candidates 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 of use of the Services by Candidates, these latter terms and conditions shall prevail.

2. Purpose

2.1. In general. TieTalent offers to link up Candidates seeking to sign an Employment Contract with Employers

2.2. Purpose. The object of the present Terms and conditions of use of the Services by Candidates is to govern the relations between the Candidate and TieTalent while the Candidate uses the Services.

3. Contractual Relations

3.1. TieTalent permits the direct conclusion of an Employment Contract between Employer and Candidate: TieTalent acts solely as a private employment agent and/or IT service provider to the Candidate (Clause 2.2 in the General Terms and Conditions).

3.2. If an Employment Contract is concluded between the Employer and Candidate only they are bound by said contract, and not TieTalent.

4. Use of the services

4.1. Compliance with the General Terms and Conditions. Candidates are obliged to comply with the contractual documents and in particular the provisions in our Privacy Policy.

4.2. Free of charge. Registration on the Platform and use of the Services are free of charge for Candidates.

5. Registration on the platform

5.1. Obligatory Registration. Candidates must necessarily be registered and admitted on the Platform to start looking for a job with Employers.

5.2. Registration request Users who not yet have a user account with TieTalent will be invited to register, accept the Contractual Documentation and transmit the required documents for registration with TieTalent (Clause 2.2 in our Privacy Policy).

6. Admission procedure

6.1. In general. Candidates’ requests to register on the Platform must be validated by TieTalent. Candidates not admitted by TieTalent may not use the Services. TieTalent is free to reject a User's request to register and access the Services without giving any reasons.

6.2. Data transmitted. TieTalent verifies, as far as possible, the information transmitted by Candidates during the registration process. Candidates are solely responsible for the accuracy of the data transmitted as contemplated in the Contractual Documentation and in particular in our General Terms and Conditions and Privacy Policy.

6.3. Supplementary information TieTalent may, but has no obligation to verify the information you transmit during registration on the Platform and use of the Services. By registering on the Platform and indicating professional references, you consent to TieTalent contacting, if it deems useful, the referees mentioned or taking steps to confirm the data you provide.

7. Use of the services - Candidate's data

7.1. Candidates indicate the essential information on their skills and areas of activity in which they are seeking employment. They establish in particular a description of the activities they are able to offer.

7.2. Candidates are exclusively responsible for indicating their professional competences clearly, correctly and exhaustively. TieTalent cannot be held liable for Candidate error.

7.3. Candidates are exclusively responsible for keeping their User profiles updated with current, comprehensive data.

7.4. If you provide false, inaccurate, out-of-date, or incomplete content or if TieTalent has reasonable grounds to suspect that the content is false, inaccurate, out-of-date or incomplete, TieTalent is entitled to suspend or terminate your account and to refuse any current or future use of the Platform and the Services.

7.5. Candidates may hide their profiles from their current Employers. However, TieTalent cannot be held liable if said Employer finds out that the Candidate is seeking employment.

8. Use of the Services - linking up with Employers

8.1. Transmission of Candidates’ profiles Candidates’ profiles are automatically or manually transmitted to Employers whose search criteria correspond to the information transmitted by Candidates on their User profiles. Employers may be offered profiles if they correspond to their search or they may search for Candidates in TieTalent’s database of Candidates.

8.2. Arranging interviews with Candidates. By registering on the Platform, Candidates accept that Employers with search criteria corresponding to the information provided by the Candidates may contact them to arrange a job interview.

8.3. Candidates’ freedom. Candidates are free to accept or refuse a job interview and to sign or not sign an Employment Contract with an interested Employer.

8.4. Interview card. TieTalent may provide Candidates with comments on their interviews with Employers if they do not lead to the signing of an Employment Contract. If TieTalent does transmit such comments to Candidates, they are by way of information only so Candidates can progress with a view to future interviews and TieTalent has no liability whatsoever in connection with the comments transmitted to Candidates.

8.5. Automated procedures. TieTalent does not guarantee in any event that Employers will be interested in a Candidate’s profile or that said Candidate’s profile will be posted to Employers. TieTalent does not always manually link up Candidates and Employers, and its algorithms may automate Employers’ search procedures.

8.6. Absence of guarantee. TieTalent does not guarantee the information provided by Employers and cannot be held liable for wrong information provided by an Employer.

9. Use of the Services - TALENT Agent

9.1. Talent Agent. If an interview is planned between a Candidate and an Employer, a Talent Agent is provided free of charge to the Candidate.

9.2. Talent Agent’s obligation. It is specified here that the Talent Agent’s activities represent a best-endeavours obligation and not an obligation to produce a specific result for TieTalent. Consequently, notwithstanding grossly negligent breach of duty, TieTalent cannot be held liable for the Talent Agent’s performance of his/her activities.

9.3. Times Subject to an agreement otherwise on a firm timetable, the times agreed between the Candidate and the Talent Agent are informative and TieTalent cannot be held liable for any delay. When the Talent Agent and the Candidate agree a firm timetable for the Talent Agent to carry out a task and delays are caused by the Candidate or third parties, TieTalent is exempt from all liability in the event of non-compliance with the agreed times. If circumstances for which neither the Candidate nor TieTalent, nor the Talent Agent, nor third parties can be held liable, delay performance of the agreed services, any deadline will be extended.

10. Concluding an Employment Contract

10.1. Note that TieTalent is not a party to the Employment Contract.

10.2. If an Employment Contract is signed between a Candidate and an Employer, the Candidate undertakes to immediately notify TieTalent.

10.3. After signing an Employment Contract with an Employer Candidates shall notify TieTalent.

(i) of the date they are to start work for the Employer.

(ii) the type of contract concluded between the Candidate and the Employer.

(iii) duration of the contract.

(iv) the salary (including any bonuses, any type of profit sharing scheme - in particular share or option plans or potential schemes - and other perks including in kind, for example, in the form of paying for certain expenses or sharing costs, for example health insurance).

10.4. Candidates also undertake to notify TieTalent when their contractual relations with Employers end if the concluded contract ends during any trial period and the reasons, if known which have brought said contractual relations to an end.

11. Employment contract - particular case of freelances and temporary work

11.1. Freelance. If the Employment Contract between the Candidate and an Employer contemplates the Candidate acting as a freelance (authorised representative, for example), TieTalent, through its partners, will assist the Candidate, throughout the life of the contract with management of invoices and time sheets.

11.2. Temporary work Employers may sometimes want the Candidate to be interviewed by a company active in the hiring of services rather than by directly entering into a work contract. In this case, TieTalent can put the Candidate in contact with partner companies active in the hiring of services in order to establish the terms of the relationship between Employer and Candidate

11.3. TieTalent Obligations The provisions applicable to the Talent Agent’s contractual obligations and the time periods also apply mutatis mutandis to the obligations of TieTalent and/or its partners under Clauses11.1 and 12.2above.

12. Liability

12.1. As indicated in the General Terms and Conditions TieTalent cannot be held liable for any wrong or incomplete information. Furthermore, TieTalent does not guarantee and cannot be held liable for the choice of co-contractor. Employer and Candidate agree that they alone are responsible for their decision to enter into or not enter into the contractual terms. TieTalent does not guarantee correct execution of the Candidate and Employer’s contractual and legal obligations and cannot and should not control it.

12.2. TieTalent makes all reasonable efforts to limit fraudulent use of its platform. That being said, TieTalent cannot be held liable in the event of a User’s non-conforming use of the platform unless there is gross negligence on the part of TieTalent.

12.3. Note that Users, Candidates and Employers are solely responsible for the information they put on the Platform in particular in relation to the abilities of a Candidate to perform one or more services and for an Employer to interview a Candidate. The elements mentioned on the Platform shall not in any event be classified as guarantees or as qualities promised by TieTalent.

12.4. Nor does TieTalent guarantee Employers’ compliance with their obligations and cannot be held liable for non-performance of an obligation or breach by an Employer in that regard.

12.5. The general exclusion of liability for TieTalent also extends to breach of Employers’ and Candidates’ precontractual obligations and to their extracontractual liability.

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