GENERAL TERMS AND CONDITIONS OF EVERUPTIVE SP. Z O.O. – RPO

1. Scope

  1. These general terms and conditions of agreements recruitment process outsourcing (GTC or GTC RPO) specify the content of orders, orders or cooperation agreements in the field outsourcing of recruitment services to client (Client) with Everuptive sp. z o.o. with its seat in Kraków (address: Grzegórzecka 8/5, 31-530 Kraków), entered into the Register of Entrepreneurs of the National Court Register under NCR [KRS] no. 0000398401, Tax Identification Number [NIP]: 676-244-92-33, REGON: 122419948 (the Company).
  2. The Company and the Customer may specify the content of individual orders or cooperation agreement (the Agreement or the Order) otherwise by explicitly excluding the application of individual provisions of these GTC. Order or agreement is meant as any agreement or order concluded with the Company in any form, the subject of which is the provision of services by the Company recruitment services for clients consisting in the performance by recruiters of activities specified in the Agreement or the Order at the Client.
  3. The Company implements the Agreement or the Order with the assistance of its contractors and employees. The Company is also entitled to include other subcontractors in order to implement the Agreement or the Order. In that case, the provisions of the GTC apply to the Customer.
  4. The scope of the Talent Recruiter’s responsibilities is defined individually for each case in the Agreement or the Order.
  5. The Company shall be obliged to perform its duties specified in the Agreement or in the Order with due professional diligence required from entities professionally involved in the provision of services covered by the the Agreement or by the Order, as well as with quality assigned to the professional nature of the conducted business, in a timely and reliable manner.
  6. The Company ensures that personnel designated for the implementation of the Agreement has appropriate knowledge and qualifications.

2. Definitions

  1. The following terms contained in these General Terms and Conditions (GTC) have the following meanings:
  • Order – a document containing a description of the scope of cooperation (scope of responsibilities and timeline) and the principles of remuneration for the Company.
  • Employment– establishing cooperation between the Company and the 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 appointed by the Company to provide recruitment services to the Client.

3. Performing the Agreement or Orders

  1. Depending on the variant of cooperation, the Client has at his disposal the Recruiter’s working time in accordance with the selected package in the Order or Agreement.
  2. As part of the Agreement, the Company undertakes to delegate the Talent Recruiter within the working time specified in the Order.
  3. Talent Recruiter undertakes to perform the tasks set out in the Order.
  4. As part of the cooperation, the Parties agree as follows:
  • The Client undertakes to cooperate with the Company on the realization of the Order as well as to provide the Company with the information or documents necessary for reliable realization of the Order by the Company. The delays from the Client in sending the information may not cause negative consequences towards the Company in 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

  1. The Company will receive remuneration for completing activities specified in the Agreement or in the Order, calculated as: (1) subscription fee specified in the Order and/or (2) fee for employing the candidate by the Customer (regardless of applied legal form) specified in the Order (unless the Parties agree otherwise in the Agreement or the Order).
  2. The remuneration for extra working hours is specified in the Order
  3. VAT will be added to the amount of remuneration at the applicable rate.
  4. The remuneration will be paid within 14 days from the date on which the Customer receives the invoice.
  5. The Customer agrees to sending and receiving electronic invoices. The invoices issued by the Company will be sent to the e-mail address declared by the Customer in the Order or in the Agreement.
  6. Should the Customer fail to meet the deadline for paying the invoice, the Company will issue relevant request for payment and will charge the Customer with administrative fee in the amount of PLN 170.00, and will also be entitled to charge interest for delay at the statutory rate.
  7. Failure to pay the invoice within 14 days from the date of sending a payment request to the Customer shall authorise the Company to suspend cooperation until the outstanding payment is made.
  8. In the case of problems with payments the Customer may contact the accounting department of the Company at the email address wiktoria@everuptive.com or by phone at: +48 536 195 427.
  9. Each change introduced by the client shall require the confirmation by the person authorized on the side of the Client. The correction of the order shall constitute the attachment to the initial order document.

5. Duration and termination of the Agreement or of the Order

  1. The Agreement or the Order is concluded for definite time specified duration of the provision of services by the Company to the Client in connection with the recruitment services of Talent Recruiter.
  2. The Agreement/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 or Agreement 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 Agreement/Order for services provided until the termination of the Agreement/Order.

6. Protection of personal data

  1. The Parties jointly agree that the Company and the Customer shall become the administrators of personal data indicated in the Agreement/Order towards persons authorised to represent them, and of personal data of contact persons, as of the moment on which the data in question is shared between the Parties.
  2. The Company and the Customer 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 administrator mentioned in item 6.1 above shall process personal data only for the purpose of implementing the Agreement/Order, in particular for proper identification of persons authorised to represent and contact the other Party.
  4. Each data administrator mentioned in item 6.1 above shall provide the persons whose data is indicated in the Agreement/Order and shared in connection with the Agreement/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 scope of recruiting candidates for work by the Company for the Customer, the Customer and the Company act as independent administrators of data of the candidates, and each of them shall on their behalf inform the candidates of the principles of processing their personal data, whereas the Customer shall inform the candidates from the moment when he receives their data from the Company.

7. Non-compete clause

  1. In the course of cooperation of the Parties and for 12 months following the end of cooperation (regardless of legal grounds and reasons for its termination) the Customer 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 the provision of item 1 above the Company shall be entitled to demand from the Customer a contractual penalty in the amount of PLN 100,000 for each instance of breach. If the value of damage suffered by the Company as a result of such breach 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 provision 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. The GTC constitute an integral part of the Agreement or the Order. Any departures from the GTC require including explicit relevant provisions in the Agreement or in the Order.
  3. In the event of discrepancy between the Agreement/Order and GTC, the provisions of the Agreement/Order shall 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 https://talentplace.eu/regulations-gtc-rpofor one month. The previous version of the GTC shall apply to offers submitted while the previous version was still in force and to all Agreements/Order concluded on the basis of such offers.
  5. The Agreement or 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.
  6. Any disputes arising or likely to arise in connection with the Agreement/Order and which cannot be resolved by the Parties by negotiation shall be settled only by common court with jurisdiction over the registered seat of the Company.
  7. The GTC are binding for the Customer in the event of delivering them before the conclusion of the Agreement/Order and also of providing them to the Customer 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.eu/regulations-gtc-rpo. The GTC can be viewed, printed and stored on the Customer’s computer at any time.