1. Scope

  1. These general terms and conditions (GTC) specify the content of commissions or cooperation agreements in the scope of recruitment of employees concluded 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).
  2. The Company and the Client may specify the content of individual orders or individual agreement (the Order) otherwise by explicitly excluding the provisions of these GTC. Order is concluded in any form, concerning the provisions of recruitment services by the Company to the Client, with the view of employing candidates for work.
  3. The Company is entitled to include its subcontractors to implement the Order. In that case, the provisions of the GTC apply between the Client and the subcontractor.
  4. The profiles of job positions are defined individually in each case in the Order.
  5. The Company prepares the Project brief which indicates the key elements of the Candidate’s profile to be recruited to the Client.
  6. The Project brief is made attachment to the Order.
  7. 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.
  8. The Company ensures that its personnel has appropriate knowledge and qualifications.

2. Definitions

The terms below have the following meaning:

  1. Order – a document containing the job description, Client’s requirements for the candidate and principles of remuneration to the Company for the recruitment campaign.
  2. Recommendation – a Candidate’s profile provided by the Company, containing his/her data consistent with the criteria indicated in the Order.
  3. Employment – establishing 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.
  4. Candidate – a person who meets the job criteria specified in the Order.
  5. Project brief – a meeting that starts the recruitment project between the Hiring Manager of the Client and the Talent Place recruitment team of the Company.
  6. Evaluation meeting – a meeting ending the recruitment project under the Order, the purpose of which is to present the activities carried out by the recruitment team and conclusion that will support the client in subsequent recruitment processes.

3. Performing the Agreement or the Orders

  1. The recruitment process consists of searching, selecting and recommending Candidates from among the applications received as a result of the recruitment campaign by the Company.
  2. The Company ensures that it will always be given permission to provide the Candidate’s personal data to the Client’s recruitment process.
  3. As part of the Order, the Company undertakes to:
    1. conduct recruitment campaigns for the Client;
    2. select applications and verify predispositions of Candidates reached by running the campaign;
    3. prepare reports regarding selected Candidates containing a summary of their experience and predispositions;
    4. regular reporting of the current status with the schedule agreed with the Client.


4. As part of the cooperation, the Parties agree as follows:

  1. The Client undertakes to cooperate with the Company in the implementation of the Order, as well as to provide the Company with information or documents necessary for the reliable implementation of the Order by the Company. Delays on the part of the Client in sending information may not cause negative consequences for the Company, in particular if this will extend the period of activities carried out by the Company.
  2. The Company has the right to place relevant information and the Client’s logo on its website, social profiles in the field of cooperation with the Client for marketing purposes related to recruitment for a given position, as well as to ask the Client asking for conducting a business case study after successful implementation of the recruitment campaign for the Client.
  3. Each recruitment campaign will be commissioned to the Company in the form of an Order containing a job description and requirements for the candidate; placing an order to start a recruitment campaign is deemed to have been forwarded to the Company’s email address. The Company accepts the Order in an e-mail response sent to the Client immediately, in any case not later than within 3 working days from receiving the Order; Signing the Order by the Client (persons acting on his behalf, regardless of the form of authorization to act) is tantamount to accepting its terms.
  4. The Project brief begins the recruitment activities at the Company’s side. If the Client, after the Project brief or during the recruitment activities of the hiring campaign, and before the hiring offer, decides to stop searching for new Candidates, change the Candidate’s profile or change a scope of responsibilities, the Company is entitled to remuneration for the recommendations provided for the fulfillment of the obligation to carry out the recruitment campaign.
  5. The Client has exclusive rights to Candidates recommended by the Company for a period of 28 days from the date of sending the recommendation to the Client.
  6. After the personal data of the candidates has been provided by the Company, the Client will verify it in the database within 2 business days and make any reservations in this respect, and this applies to personal data stored in the Client’s database for a period not longer than 3 months; at the request of the Company, the Client will provide information on the candidate’s presence in his database, along with an indication of the date. Candidates who have been in the Client’s database for more than 3 months and not more than 12 months may be contacted by the Company at the express request of the Client – then the cost of employing this Candidate is reduced by 15% of the value of that Candidate’s employment.
  7. After 2 working days from the submission of the Candidates’ data to the Client for verification by the Company, the lack of submission of comments on the recommendations sent is equal to the acceptance of the Candidates as not being in the Client’s database.
  8. After receiving the recommendation, the Client has 3 working days to provide feedback on the submitted Candidate profile. Lack of feedback from the client is tantamount to acceptance of the recommendation.
  9. After the recommendation is sent, the Client has the option of rejecting the Candidate recommended by the Company, with indication of the circumstances justifying the rejection of the Candidate or the conditions that have not been met by the Candidate.
  10. The Client will schedule a meeting with the Candidate recommended by the Company within 5 working days from the date of approval of the recommendation by the Client.
  11. After the recruitment meeting, the Client will submit an offer of employment to the Candidate or inform about rejection of his/her application within 5 working days with the reasons for the decision.
  12. If the Candidate accepts the job offer from the Client, the Client share relevant information to the Company within two days.
  13. The Company will conduct an evaluation meeting after the first recruitment project within 5 working days from the date of acceptance of the job offer by the presented Candidate.
  14. The Client shall inform the Company about the fact that the candidate started work within 2 working days.
  15. Below is a summary of information on the stages in recruitment process:
Candidate verification in the Clients’ database2 working days from the moment of receiving the candidate’s data by e-mail from the Company
Acceptance of the recommendation3 business days from the receipt of the Candidate’s profile along with the recommendation
Setting the date of the recruitment interview5 business days from the acceptance of the recommendation
Feedback after the recruitment interview5 working days from the date of the meeting with the Candidate (applies to each stage of the process, if there are more)
Information about the candidate’s start work2 working days from the moment of signing a letter of intent or other document confirming the willingness to start cooperation with the Candidate, but not later than on the date of commencement of work by the Candidate

16. The execution of the Order is considered to be the delivery by the Company to the Client of 3 recommendations of candidates or more (depend on our agreement) whose professional competences correspond to the job description determined in accordance with the Order and the Project brief.

17. The Parties agree that the recommendations provided to the Client will be considered as Candidates of the Company for a period of 12 months from the date of sending them. The Company is entitled to remuneration for the Candidate employed by the Client on the above date in accordance with the principles set out in the Order. The Client should inform the Company about the circumstances described above within 5 days from the date of employment of the Candidate. If the Company is not informed about the start employment of the Candidate, the Company may issue an invoice for the amount in accordance with the order increased by 20% of the project value.

18. The Client undertakes to comply with the principles of cooperation and timelines. Any changes resulting from the specifics of the organization’s activities should be notified in the Order.

19. The Client who does comply with the provisions of the GTC regarding the recruitment process is obliged to pay a fee for recommendations to the Company in the amount specified in the Order.

20. The Client who does not comply with the provisions of the GTC regarding the recruitment project/s or who does not report the reasons for a possible failure to meet the assumed time for project implementation shall bear the costs resulting from the operational activities of the dedicated team in the amount of 20% of the project value, unless the Client reports such circumstances to the recruitment project coordinator.

4. Remuneration for the Company

  1. The Company will receive remuneration for completing activities specified in the Order calculated as: (1) fee for starting the recruitment process; and/or (2) fee for employing the candidate by the Client (regardless of applied legal form) specified in the Order.
  2. VAT will be added to the amount of remuneration at the applicable rate.
  3. The remuneration will be paid within 14 days from the date on which the Client receives the invoice.
  4. 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.
  5. 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.
  6. 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.
  7. In case of problems with payments the Client may contact the accounting department of the Company at the email address or by phone at: +48 536 195 427.
  8. Any changes made by the Client to the profile or selection criteria of the recommended Candidates require notification by e-mail. An e-mail message should be sent to the Business Unit Manager of the Company responsible for the recruitment project. Any changes to the profile or selection criteria of the recommended Candidates may constitute the basis for increasing or changing the remuneration agreed by the Parties in the Order.
  9. 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

  1. The Order is concluded for indefinite time.
  2. The Order may be terminated by either Party in writing under the pain of invalidity, 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.
  3. 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

  1. The Parties agree that the Company and the Client shall become the controllers of personal data indicated in the Order towards persons authorised to represent them, and of contact persons as of the moment on which the data is shared between the Parties.
  2. 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.
  3. Each data controller shall process personal data only for the purpose of implementing the Order, in particular for proper identification of persons authorised to represent and contact the other Party.
  4. 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.
  5. In the recruiting process of Candidates, the Client and the Company act as independent controllers of Candidates’ personal data, and each of them shall on their behalf inform the Candidates of privacy notice, whereas the Client shall inform the Candidates from the moment when receives the data from the Company.

7. Non-compete clause

  1. 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.
  2. 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

  1. 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.
  2. GTC constitute an integral part of the Order. Any departures from the GTC require including explicit relevant provisions in the Order.
  3. In the event of discrepancy between the Order and GTC, the provisions of the Order prevail.
  4. The Company may at any time change the 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 for one month. The previous version of GTC shall apply to offers submitted while the previous version was still in force and to all Orders concluded on the basis of such offers.
  5. The Order and 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.
  6. 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.
  7. 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: GTC can be viewed, printed and stored on the Client’s computer at any time.