GENERAL TERMS AND CONDITIONS OF EVERUPTIVE (TALENT PLACE)
– RECRUITMENT PROCESS OUTSOURCING (RPO)
These general terms and conditions of recruitment process outsourcing (GTC or GTC RPO) specify the content of orders and rules of cooperation in outsourcing of recruitment services to the clients (the Client) with Everuptive sp. z o.o. with its registered office in Cracow (address: Grzegórzecka 8/5, 31-530 Kraków), entered into the register of entrepreneurs of the National Court Register under KRS no. 0000398401, NIP: 676-244-92-33, REGON: 122419948 (the Company).
The Company and the Client may specify the content of individual orders (the Order) otherwise by explicitly excluding the provisions of GTC RPO. Order is concluded with the Company in any form, the subject of which is to provide services by the Company’s recruiters for the Client specified in the Order.
The Company is entitled to include its subcontractors to implement the Order. In that case, the provisions of the GTC apply to the Client.
The scope of the Talent Recruiter’s responsibilities is defined individually in the Order.
The Company shall be obliged to perform its duties specified in the Order with due diligence required from professionals, in a timely and reliable manner.
The Company ensures that its personnel has appropriate knowledge and qualifications.
The terms below have the following meaning:
Order – a document containing, among others, detailed scope of work, responsibilities, timeline and remuneration of the Company.
Employment – establishing a cooperation with a Candidate as a result of the recruitment campaign based on any legal basis agreed between them, in particular on the basis of an employment contract, mandate contract, work contract, managerial contract, self-employment, as well as commencing cooperation between these entities on the basis of appointment, appointment or selection.
Recruiter or Talent Recruiter – a person or persons designated by the Company to provide recruitment services to the Client.
3. Performing the Agreement or Orders
The Client has at his disposal the Recruiter’s working time in accordance with the selected package in the Order, unless agreed otherwise in the Order.
As part of the Order, the Company undertakes to delegate the Talent Recruiter within the working time specified in the Order.
Talent Recruiter undertakes to perform the tasks set out in the Order.
As part of the cooperation, the Parties agree as follows:
The Client undertakes to cooperate with the Company as well as to provide the Company with the information or documents necessary for performance of the Order. The delays from the Client in sending the information may not cause negative consequences towards the Company, in particular if it causes the extension of the period of activities conducted by the Company;
the Company has the right to place proper information and logo of the Client on his website, sociable profiles in the scope of cooperation with the Client for marketing purposes connected with conducting recruitment for the indicated position as well as apply to the Client with a request for conducting business case study after effective realization of the recruitment campaign for the Client.
4. Remuneration for the Company
The Company will receive remuneration for completing activities specified in the Order calculated as: (1) subscription fee specified in the Order; and/or (2) fee for Employment of a candidate by the Client (unless agreed otherwise in the Order).
The remuneration for extra working hours is specified in the Order.
VAT will be added to the amount of remuneration at the applicable rate.
The remuneration is paid within 14 days from the date on which the Client receives the invoice.
The Client agrees to sending and receiving electronic invoices. The invoices issued by the Company will be sent to the e-mail address declared by the Client in the Order.
Should the Client fail to meet the deadline for paying the invoice, the Company will issue relevant request for payment and will charge the Client with administrative fee in the amount of PLN 185.00, and will also be entitled to charge interest for delay at the statutory rate.
Failure to pay the invoice within 14 days from the date of sending a payment request to the Client shall authorize the Company to suspend cooperation until the outstanding payment is made.
In the case of problems with payments, the Client may contact the accounting department of the Company at the email address email@example.com or by phone at: +48 536 195 427.
Each change introduced by the Client requires confirmation by an authorized person on the part of the Client. The amendment to the Order constitutes an attachment to the original Order.
5. Duration and termination of the Agreement or of the Order
The Order is concluded for definite period of time of services provided by the Talent Recruiter.
The Order may be terminated by either Party in writing under the pain of nullity, with a three months notice, effective as of the end of the calendar month, whereas any pending Order shall be completed by the Company, and the Company shall be entitled to receive relevant remuneration.
The Company shall be entitled to remuneration specified in the Order for services provided until the termination of the Order.
6. Protection of personal data
The Parties agree that the Company and the Client are controllers of personal data indicated in the Order towards persons authorized to represent them, and of contact persons as of the moment on which the data in question is shared between the Parties.
The Company and the Client declare that they will process and protect personal data in accordance with applicable provisions of law in the scope of personal data protection.
Each data controller shall process personal data only for the purpose of implementing the Order, in particular for proper identification of persons authorized to represent and contact the other Party.
Each data controller shall provide the persons whose data is indicated in the Order and shared in connection with the Order for the purpose of determining manner of provision of services or as contact details with information regarding the fact of sharing their personal data with the other Party, the purpose and scope of data collection, and with any other information required under article 14 of GDPR that have to be provided by data administrator (data recipient) to the person whose data is used.
The Parties agree that the Talent Recruiter may have access to the data processed by the Client. In this case, the Client and Talent Recruiter shall conclude separate statements according to the Client’s needs and internal, corporate regulations.
7. Non-compete clause
During the cooperation of the Parties and for 12 months from its termination (regardless of any legal reason), the Client shall not offer or otherwise enter into any kind of cooperation with employees or contractors of the Company, on any legal grounds (for example, employment or commission), in person or through any other entity or person.
In the event of breach of item 1 above, the Client shall pay the Company a contractual penalty of PLN 100,000 for each event. If the value of damage exceeds the amount of the contractual penalty, the Company shall be entitled to claim damages in full amount on general terms.
8. Final provisions
If any of the provisions of GTC is or becomes wholly or partially ineffective (for example due to a change in the provisions of law), the effectiveness of the remaining provisions shall remain unaffected. In this case, a provision as similar to the ineffective one as possible shall be introduced in its stead.
GTC constitute an integral part of the Order. Any departures from the GTC require including explicit relevant provisions in the Order.
In the event of discrepancy between the Order and GTC, the provisions of the Order prevail.
The Company may at any time change GTC by sharing its new version on its website. The new version shall be effective as of the 8th day after the date on which old GTC were replaced, unless new GTC provide for delayed entry into force of the amendment. The Company shall announce the introduction of amendment by keeping relevant information posted on its website at https://talentplace.com/regulations-gtc-rpo for one month. The previous version of GTC shall apply to offers submitted while the previous version was still in force and to all Order concluded on the basis of such offers.
The Order and these GTC are subject to Polish law, however, in matters not covered by them, the relevant provisions of the Civil Code and the Act on the protection of personal data shall apply.
Any disputes arising or likely to arise in connection with the Order and which cannot be resolved by the Parties by negotiation shall be settled only by common court with jurisdiction over the registered office of the Company.
GTC are binding for the Client in the event of delivering them before the conclusion of the Order and also of providing them to the Client in electronic form, also by indicating their publication on the Company’s website, whereby the Company declares that GTC available on the website at: https://talentplace.com/regulations-gtc-rpo. GTC can be viewed, printed and stored on the Client’s computer at any time.