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

1. Scope

  1. These general terms and conditions of agreements (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 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, concerning the provisions of recruitment services by the Company to the Customer, with the view of employing candidates for work.
  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 between the Customer and the subcontractor.
  4. The profiles of specific positions are defined individually for each case in the Agreement or the Order.
  5. The Project Brief indicates the key elements of the Candidate’s profile.
  6. The Project Brief is an attachment to the Agreement or the Order.
  7. 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.
  8. 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:
  2. Order – a document containing the job description, Customer requirements for the candidate and the principles of remuneration for the Company for the recruitment campaign.
  3. Recommendation – a Candidate’s profile provided by the Company, containing his/her data consistent with the criteria indicated in the Order and provided by the company of the recruitment process conducted at the Customer.
  4. 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.
  5. Candidate – a person who meets the job criteria specified in the Order.
  6. Project brief – a meeting that starts the recruitment project between the Hiring Manager and the Talent Place recruitment team.
  7. 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 Customer’s recruitment process.
  3. As part of the Agreement, the Company undertakes to:
    1. conduct recruitment campaigns for the Customer;
    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 of the Order or Agreement in accordance with the schedule agreed with the Customer.
  4. As part of the cooperation, the Parties agree as follows:
    1. The Customer 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 Customer 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 Customer’s logo on its website, social profiles in the field of cooperation with the Customer for marketing purposes related to recruitment for a given position, as well as to ask the Customer asking for conducting a business case study after successful implementation of the recruitment campaign for the Customer;
    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 Customer immediately, in any case not later than within 3 working days from receiving the Order; Signing the Order by the Customer (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 on the part of the Company. 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 Customer 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 Customer 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 Customer’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 Customer 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 Customer’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 Customer 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 Customer, the Customer 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 Customer 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:

      Stage

      Timeline

      Candidate verification in the Clients’ database

      2 working days from the moment of receiving the candidate’s data by e-mail from the Company

      Acceptance of the recommendation

      3 business days from the receipt of the Candidate’s profile along with the recommendation

      Setting the date of the recruitment interview

      5 business days from the acceptance of the recommendation

      Feedback after the recruitment interview

      5 working days from the date of the meeting with the Candidate (applies to each stage of the process, if there are more)

      Evaluation meeting

      5 working days from the date of submitting a job offer for the Candidate presented by the company

      Information about the candidate’s start work

      2 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 Customer 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 Customer 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 Customer on the above date in accordance with the principles set out in the Agreement or the Order. The Customer 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 customer undertakes to comply with the principles of cooperation and timelines. Any changes resulting from the specifics of the organization’s activities should be notified at the stage of order or agreement preparation.
    19. The client who does comply with the provisions of the General Terms and Conditions of the Agreement regarding recruitment processes is obliged to pay the 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 General Terms and Conditions 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 Agreement or in the Order, calculated as: (1) fee for recommendation specified in the Order and/or (2) fee for employing the candidate by the Customer (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 Customer receives the invoice.
  4. 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
  5. 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 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 Customer shall authorise the Company to suspend cooperation until the outstanding payment is made.
  7. 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.
  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 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 Customer requires confirmation by an authorized person on the part of the customer. The correction of the order constitutes an attachment to the original order.

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

  1. The Agreement or the Order is concluded for indefinite time.
  2. The Agreement/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 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 agree that the Company and the Customer shall become the administrators of personal data indicated in the Agreement or the 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 or the 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 or the Order and shared in connection with the Agreement or 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 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 or the Order and GTC, the provisions of the Agreement or the 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 for 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 or Orders 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 or the 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 or the 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. The GTC can be viewed, printed and stored on the Customer’s computer at any time.