Welcome to TieTalent - Terms and Conditions
Last modifications: May 17 2018
This website https://tietalent.com (thereafter called the 'site') is published and operated by TieTalent SA ('TieTalent'), a Swiss company headquartered at Chemin du Closel 5, 1020 Renens.
Email address: email@example.com
Phone: +41 (0) 78 226 07 07
Please read this agreement carefully. By clicking on the 'REGISTER NOW' button during the registration process, using our service and / or Site navigation, you accept this treatment and guarantee that: (1) all data provided by you is accurate and complete; (2) you have read, understand and agree to be bound by this Agreement; (3) you are of legal age to form an executory contract with TieTalent; and (4) you have the authority to personally conclude this Agreement or on behalf of the Company you have named as the Employer (as defined below), and to bind the Company to this Agreement . If you do not agree to be bound by this Agreement, you may not access or use the Site or the Service.
In this document, the words 'TieTalent', 'we', and 'our' refer to our company, TieTalent, whose contact details appear at the top of these Terms and Conditions, at our Site or at our service. The term 'Candidate' refers to users of our service who are looking for job opportunities through TieTalent. The term 'Expert' refers to users of our service who are mandated from time to time to conduct interviews with Candidates in their sector of activity. The term 'Employer' refers to a company that is interested in hiring Candidates through the use of our service. The term 'You' or 'you' refers to the physical or legal person, if any, identified as the user when you register on the site.
You agree to keep confidential all information collected when using our site. You agree to the following terms: (1) you will use any Content provided by the Candidates in accordance with Swiss privacy laws and data protection laws; (2) if you are an Expert or an Employer you will not disclose the name or identity of the enumerated Candidates; and (3) you will take appropriate physical, technical and administrative measures to protect the content you have obtained through the use of the Site.
You also agree not to publish, divulge or disseminate any offer that you are aware of through our Site or our service.
Our service can allow you to download photos, CVs, work certificates, specifications, projects and other information, and can allow you to communicate with other users. Any information you post, transmit or communicate through our Site or service will be referred to as 'Content' throughout this Agreement.
Please note that this Agreement is subject to change by TieTalent, in its sole discretion, at any time. When changes are made, a new copy of the agreement will be available on the site. The date of last update, at the top of the agreement, will also be updated. If we make any changes and you have registered to use the service, we will also send you an email to your primary email address that you have provided to us under this Agreement. Any changes to the agreement will be effective immediately for new users of the Site or service and will take thirty (30) days after posting notice of such changes to the Site for existing users, provided any changes have an impact for users who have an account registered on the Site ('registered users'). TieTalent will ask you to give your consent to the update in order to continue using the Site or service. If you do not accept a change after receiving notice of such a change, you may stop using the Site and / or the service. Otherwise, your continued use of the Site and / or services constitutes your acceptance of these changes. Please check the Site regularly for conditions of use.
Description of the Service
TieTalent is an online service that links Candidates with Experts and Employers. Candidates have the opportunity to find a job with an Employer. The use of TieTalent by Candidates is free, interviews are not binding and do not create contractual obligations between the Employer and the Candidate. The interviews act as a tool for the Candidates to explore the possibilities offered, without obligation, until a mutual agreement is reached, followed by an official contract.
For the Experts
As a TieTalent Expert, you have the opportunity to earn money by conducting interviews with Candidates whose skills fall within your field of activity. A TieTalent Expert is a responsible and independent person who must adhere to the professional standards in terms of dress code, language, behaviour and questions he / she asks to the Candidates. After each interview, you must complete the interview report form. You should not use your TieTalent Expert role to find Candidates for yourself or for the company you are working for. As a TieTalent Expert, you must not disclose information about a Candidate with whom you have been put in contact by TieTalent, whether the information is given by the Candidate himself/herself during the interview, or the information and documents are provided by TieTalent, such as a resume - a work certificate - a diploma or other information. In case you wish to hire a Candidate for your company, you must contact one of the representatives of TieTalent to set up the contractual relationship and know the fees for recruitment. As an Expert, you must always be professional and objective in your judgment when interviewing the Candidate and completing the interview report form. No false judgment based on your personal preferences and not on criteria other than the Candidate's professionalism and professional experience should be issued.
As an Employer, you have the opportunity to find Candidates for your business and reduce the costs of hiring and retaining such talent. Once you are linked to several recommended Candidates, you can submit interview requests to the Candidates that you feel best meet your expectations directly on TieTalent. These requests are not binding and do not create a contract of employment, until a mutual agreement is reached with a Candidate, followed by an official contract. Successful Fees (as defined in the 'Payments and Refunds' section below) will only be collected from you in accordance with the 'Payments and Refund' section after you have hired a Candidate.
TieTalent does not investigate the history and statements of its users, but reserves the right to perform any background checks or other interviews at any time using publicly available documents.
When you create an account on the Site, you agree to (1) provide true, accurate, current and complete information about yourself as requested in the registration form, (2) maintain and update the data without delay to keep them accurate, current and complete. You are responsible for all activities that occur in your account. If you provide false, inaccurate, outdated or incomplete content, or if TieTalent has reasonable grounds to suspect that such content is false, inaccurate, out of date or incomplete, TieTalent has the right to suspend or terminate your account and refuse any current or future use of the site. You agree not to create an account by using a false identity or false information, or on behalf of a person other than yourself. You agree not to have more than one account. You agree not to create an account or use the Site or service if you have already been deleted or prohibited by TieTalent.
In order to use TieTalent as a Candidate you must register and create a profile. The use of the website and the service is free for Candidates. When you register on TieTalent, we may ask you to provide us with information such as your name, email address, job and job history, training, skills and professional references. In addition, you agree to provide us with identification documents that we may request. Also, when you give us professional references, you authorize us to contact the referents directly by email or phone, in order to carry out the reference checks. We will review the information you provide us during the registration. We reserve the right, in our sole discretion, to accept or refuse your registration to use our Site and services. If your registration is accepted, you will be allowed to use our service.
In order to use TieTalent as an Expert you must register and create a profile. The use of the website and the service are free for the Experts. When registering on TieTalent, we may ask you to provide us with information such as your name, job and job history, training, skills and references. In addition, you agree to provide us with identification documents that we may request. Also, when you give us professional references, you authorize us to contact the referents directly by email or phone, in order to carry out the reference checks. We will review the information you provide us during the registration. We reserve the right, in our sole discretion, to accept or refuse your registration to use our Site and services. If your registration is accepted, you will be allowed to use our service.
In order to use TieTalent as an employer, you must also register. Registration is free and our fees on success. When registering we may ask you for additional information related to your business and the types of Candidates you are looking for. We will study the information you provided us during the registration. We reserve the right, in our sole discretion, to accept or refuse your registration to use our Site and services. If your registration is accepted, you will be allowed to interact with the Experts and the Candidates recommended for your business on TieTalent.
Your responsibilities when using the service
- You are responsible for your use of the site, the service and any use of the Site or the service performed using your account. You agree not to access, copy, or use the Site or Service, including our intellectual property rights and trademarks, except as permitted by this Agreement or otherwise authorized in writing by TieTalent. When using TieTalent we ask you to act reasonably and responsibly with other users. The use of our service implies your agreement to act appropriately. When using our Site and our service: you may not copy, distribute or disclose all or part of the Site or service by any means, without limitation, through any automated or non-automated system:
- - You will not interfere, compromise the security or integrity of the system or decrypt any transmission to or from the servers in charge of the Site or service ;
- - You will not impose unreasonable or disproportionate volume, at our sole discretion, of loading data on our infrastructure ;
- - You will not upload invalid data, viruses, or other software agents through the service ;
- - You will not collect identifiable information, including account names, from the service, except if you are an Employer regarding the information linked to a Candidate hired through TieTalent ;
- - You will not be able to access the Site or Service through any technology or means other than those provided for or authorized by the Service ;
- - You will not sell, transfer or assign the service, or your right to use the service, to any third parties, or offer the service, or any content obtained from the Site or service, on a timeshare or other commercial basis ;
- - You agree to act within the limits of common decency when using our site ;
- - You agree not to prosecute, harass, intimidate or hurt another person ;
- - You agree not to impersonate any person or entity, use a false name, or misrepresent your affiliation with any person or entity ;
- - You agree not to disrupt or interrupt the Site or service ;
- - You agree not to hack, or spam - TieTalent or other users ;
- - You agree to provide truthful and accurate content ;
- - You may not use our Site to post false, misleading, illegal, defamatory, obscene, threatening, harassing, pervasive, or fraudulent information ;
- - You will not upload any content on our Site that infringes a third party's (s) intellectual property right.
TieTalent may terminate your account for breach of one or more of your responsibilities, laws, rules or regulations, or for any other lawful purpose, in our sole discretion, with or without notice.
Payments and Refund
TieTalent is free for Candidates. The Candidate agrees to notify TieTalent if she/he (1) accepts an offer of employment (an 'offer of employment'), whether for a fixed-term or permanent contract, (2) if she/he accepts an offer of employment as a temporary employee, whether for an indefinite or a fixed-term (a) with an Employer who has been identified by the Candidate through the use of our Site or service or (b) an Employer who identified the Candidate through the use of our Site or service. The date on which a Candidate starts working, specified on an offer or a consulting assignment, is the 'Start Date'.
If you are a Candidate using our Site and / or service, you agree (1) if you receive an offer, to immediately inform TieTalent of the terms, ie the start date, the type of contract, the annual compensation , the potential bonus, all benefits offered, and (2) immediately inform TieTalent of the termination of your permanent, temporary, or acting contract, in the event that (a) the Employer terminates your job, based on unsatisfactory performance in the probationary period (varies depending on the internal policy of the Employer), or (b) you voluntarily terminated your employment during the probationary period. In the event that before the start date, the Employer or the Candidate chooses not to start the employment relationship considered by the offer, the Candidate must inform TieTalent without delay.
Once the registration of an Expert has been validated and completed, TieTalent will put you in touch with the Candidates from your sector of activity with whom you must conduct interviews. You are free to schedule the interview at the time that you think is most appropriate, but you agree to contact the Candidate or to refuse the interview within 72 hours after receiving the profile. After conducting the interview with the Candidate, you must complete an interview report (see above). TieTalent will then credit your Expert account, regardless of your final recommendation for the Candidate. As an Expert, you have the option at any time to request payment of the full balance of your account to an external account. To do this, please contact one of the TieTalent representatives directly at +41 (0) 78 226 07 07. This payment will be made within a maximum of thirty (30) days from the last day of the current month of the request.
Once an Employer's registration is complete, the Employer will be able to make requests for interviews and to contact (through the service) the Candidates who have been recommended to him according to the criteria of the position and the number of candidates that the Employer wishes to receive. Except as otherwise expressly provided in this Agreement, if a Candidate identified through the use of our service accepts an offer, the Employer will be billed a success fee.
Employers are required to notify TieTalent once a Candidate accepts an offer and to indicate the terms, ie start date, type of contract, annual compensation, potential bonus, all benefits proposed. In the event that before the start date, the Employer or the Candidate chooses not to start the employment relationship considered by the Employer, the Employer shall notify TieTalent without delay.
Except as expressly provided in this Agreement, the Employer agrees to pay success fees to TieTalent for any offer accepted by a Candidate as defined above.
In the event of a successful fee dispute, if the Employer can establish that it has an active recruitment process (as defined below) with the Candidate prior to using our Site and services (for example, the Candidate had already started the interview process with the Employer and this process was still ongoing, or the Employer had received the Candidate’s profile from a Recruitment Agency and was under review), the Employer may to be exempted from paying the fees for success. The concept of 'ongoing' process means direct and regular exchanges, in the context of hiring or active recruitment when a decision to put the Candidate on hold or to reject her/him was not taken in the ninety (90) days prior to using the Site or the service for an existing Candidate in the Employer Candidate Tracking System or submitted by the Recruitment Agency.
For this Agreement, 'success' refers to both Immediate Success Fee and Monthly Success Fee, and is charged as set out below :
In the case of a permanent contract, the Employer may choose one of the following options for the settlement of success fees: (a) the Employer may pay a performance fee equal to 12% of the Candidate’s total annual package (including the 100% basis gross annual salary, the potential bonus, the proposed benefits, as well as the eventual stock options plan), the amount of which is due and payable thirty (30) days after the default invoice date (option “Immediate Success Fee”). Or (b) the Employer may pay on a monthly basis ('Monthly Success Fee' option) a monthly remuneration ('Monthly Remuneration') equal to: (i) 1.5% of the Candidate’s total annual package (including the 100% basis gross annual salary, the potential bonus, the benefits offered, as well as the possible stock options plan), with the first payment due on the contract start date and each payment due every 1st day of the following months for twelve (12) months, up to the twelfth (12) monthly installments of success fees or until the termination of the Candidate's contract for which the monthly success fee option has been selected, or (ii) 3% of the Candidate’s total annual package (including the 100% basis gross annual salary, potential bonus, proposed benefits, and eventual stock options plan), with the first payment due on the contract start date and each payment due each 1st day of the following months for seven (6) months, up to the sixth (6) monthly installments of success fees or until the termination of the Candidate's contract for which the monthly success fee option has been selected.
In case the payment is not received on time, an interest equal to four (4)% will be applied to the fees, without notice. In the event that the Employer chooses the Monthly Success Fee option and wishes to make a full payment, the Employer must contact one of the TieTalent representatives at +41 (0) 78 226 07 07 in order to determine the amount necessary to redeem the balance of the monthly remuneration.
In the case of a fixed-term contract, the Employer may choose one of the following options for the settlement of the success fee: (a) the Employer may pay a performance fee equal to 1.5% of the total annual package the Candidate (including the 100% basis gross annual salary, the potential bonus, the benefits proposed, as well as the possible stock options plan) multiplied by the number of months of the contract term ('Immediate Success Fee' option). These fees are capped at 12% of the Candidate's total annual package (including the 100% basis gross annual salary, potential bonus, proposed benefits, and eventual stock options plan). This amount is due and payable thirty (30) days after the default invoice date. Or (b) the Employer may pay on a monthly basis ('Monthly Success Fee' option) a monthly salary ('Monthly Pay') equal to 1.75% of the Candidate’s total annual package (including the 100% basis gross annual salary, any bonus, the proposed benefits, as well as the possible stock options plan), with the first payment due on the contract start date and each payment due every 1st day of the following months throughout the term of the contract or until the termination of the Candidate’s contract for which the Monthly Success Fee option has been selected. In the event of a payment period being exceeded, an interest of four (4)% will be applied to the fees, without notice. If the Employer chooses the Monthly Success Fee option and wishes to make a full payment, the Employer must contact one of the TieTalent representatives at +41 (0) 78 226 07 07 in order to determine the amount necessary to redeem the balance of the monthly remuneration.
In the case of an interim contract, TieTalent negotiated privileged partnerships and obtained the best prices on the market with external partner companies. For such a contract, the employer can contact one of TieTalent's representatives on +41 (0) 78 226 07 07 to get the details.
In the case of a payrolling contract, TieTalent negotiated privileged partnerships and obtained the best prices on the market with external partner companies. For such a contract, the employer can contact one of TieTalent's representatives on +41 (0) 78 226 07 07 to get the details.
The Employer agrees to pay the success fees as requested under the billing conditions indicated. By accepting the terms and conditions of TieTalent, the Employer agrees that TieTalent is entitled to immediately invoice the Employer for any success fees due and payable to TieTalent without the need for additional consent or notification. The Employer agrees to immediately notify TieTalent of any changes to its billing address or credit card account used for payment. If the Employer fails to pay or provide sufficient information to TieTalent to establish the payment process described above, this may result in the temporary or final suspension and / or termination by TieTalent of this Agreement, at its sole and only discretion.
Fee changes and billing methods
TieTalent reserves the right at any time to change its fees (including to begin billing the services it currently provides for free) and billing methods immediately after updating the terms and conditions on the site, by sending you a email as described in the 'Welcome to TieTalent' section.
Refund / Guarantee
At TieTalent, we value the satisfaction of Employers when using our Site and our services in order to hire their future Employees. (1) If an Employer hires a Candidate and terminates the Candidate’s employment on the basis of an unsatisfactory performance within the first ninety (90) days, or (2) the Candidate voluntarily leaves employment during the first ninety (90) days, or (3) if the Candidate does not start because either the Employer or the Candidate chooses not to begin the employment relationship provided for in the offer, the Employer as well as the Candidate must inform TieTalent within seven (7) days. If TieTalent is unable to find a new Candidate as a replacement within a reasonable period of time, TieTalent will fully reimburse the Employer, as a credit note, the Immediate Success Fee paid for the hiring of the Candidate who was the subject of the termination event (if such Immediate Success Fee were paid by the Employer prior to termination). No reimbursement of the fees will be paid in the event of the termination of the contract following the cancellation of the position or following the modification of an essential element of the employment contract, in particular as a result of economic difficulties, restructuring or technology mutations.
In the event that the Employer paid a monthly success fee for the Candidate who was the subject of the termination event, no refund will be due to the Employer; however, the obligation of the Employer to pay the monthly success fee for future months ends on the date determined to terminate the employment relationship with the Candidate.
Limit of Liability
Through TieTalent's Site and service, TieTalent users may be able to post content to third parties. TieTalent is not responsible for any content that has been published or posted on the TieTalent website by the users. Here are some important details of this agreement that affect your rights and remedies: our Site includes areas where Candidates, Experts or Employers can access content about an individual or a company. We are not responsible for posting this content.
We are not responsible for any contract created between the Candidates and Employers who use our Site and services.
We are not required to review, edit, monitor or delete any content posted to our Site by users, although we reserve the absolute right to delete, or modify any content at any time for any reason and without notice.
We take no responsibility and assume no responsibility for any user content that is displayed, stored, downloaded, or transmitted via the Site or service.
TieTalent is in no way responsible for the content published, displayed or transmitted by a user.
Your ability to use or interact with this Site is a privilege and not a right, and we reserve the right to take any action we deem appropriate, without notice, to prevent any violation, breach of any provision, or to remedy any alleged violation of this Agreement or any applicable law in our sole discretion.
The copyright on this website and its components, such as scripts, graphics, text, logos, executable code or other elements are the property of TieTalent under the jurisdiction of Swiss laws and international conventions. TieTalent reserves all intellectual property rights on the service and the site. You agree not to engage in the use, copying, or distribution of any Content appearing on the Site in accordance with the provisions of this Agreement or pursuant to any other written agreement between us and you.
Exclusion of Guarantees
The information contained in this website may contain technical inaccuracies or typographical errors. TieTalent will not be responsible for any errors or omissions contained in this Site and does not guarantee the accuracy, completeness or timeliness of the information, text, graphics, links or other elements contained in this website. TieTalent does not undertake to update the information of the site. TieTalent reserves the right to make changes without notice. TieTalent provides this Site 'AS IT IS' and 'AS IT STANDS' without warranty of any kind, either expressed or implied, and makes no warranty as to the operation of this website or any other content.
TieTalent reserves the right, in its sole discretion, to pursue all legal remedies, including but not limited to the removal of the content of the website (provisionally or permanently) and / or to terminate without legal formalities any service provided by TieTalent, for any violation of this Agreement.
If you wish to terminate this agreement, you may do so by notifying TieTalent at any time and thus closing your account. This notification must be sent by email to firstname.lastname@example.org. Termination of the Agreement may result in the immediate removal of the Site from any content you submit to TieTalent. TieTalent will not be liable to you for any suspension or removal of the content.
You may not assign your rights or obligations under this Agreement to another party without our written consent. We may assign our rights and / or obligations under this Agreement to another party in our sole discretion.
This agreement constitutes the complete agreement between the parties, subject to the specific conditions of each other party and agreed to by TieTalent.
Applicable law and place of jurisdiction
This contract is subject to Swiss law. The place of jurisdiction will be determined in accordance with mandatory legal provisions.