Terms of Sales

updated on 23/09/2020

Preamble:

The purpose of these T & Cs is to set the terms and conditions for the Recruiter's access to services and in particular to the Recruitment Service, as well as the rights and obligations of the parties, namely GRACES community https://graces.community and the Recruiter. 

Any validation of a Recruiter account on GRACES community is subject to the prior signature of these General Conditions of Sale.

ARTICLE 1: Obligation and responsibility of GRACES community

1.1 Access to profiles of regulatory experts:

GRACES community undertakes to offer qualified profiles of regulatory experts to any Recruiter submitting an advertisement on the Site. In return, the Recruiter acknowledges that he will have to pay the fees provided for in article 3 for any hiring of a candidate registered on GRACES community. 

As part of the access to the profiles of regulatory experts, the Recruiter authorizes GRACES community to create his Recruiter account, following the submission of the ad. This allows the Recruiter to have access to candidate profiles, to communicate directly with them and more generally to follow the entire recruitment process. 

If GRACES community presents the Recruiter with an application and the latter is able to justify that he had previously requested him for this position, the Recruiter must inform GRACES community of this no later than 24 hours after the profile has been sent.

If the Recruiter visits the profiles of regulatory experts from GRACES community and the latter is able to justify that he had previously requested them for this position, the Recruiter must inform GRACES community of this no later than 24 hours after the visit of the profile.

In all cases, if the Recruiter fails to inform GRACES community or if he continues the recruitment process with the said candidate, the full fees will be due in the event of hiring the latter.

1.2 Suitability of candidates:

GRACES community will endeavor, within the framework of its obligation of means, to ensure that the candidates presented to the Recruiter have the professional skills required for the position to be filled, and to maintain a high quality of service and integrity, but it neither expressly nor implicitly guarantees their suitability for the post in question.

It is up to the Recruiter to judge the suitability between their offer and the selected Candidate, the latter remaining solely responsible for hiring the candidates proposed by the GRACES community.

1.3 Responsibility:

GRACES community cannot be held responsible in particular in the event that it cannot present candidates corresponding to the requested profile or in the event that the candidate presented by GRACES community and hired by the Recruiter does not give satisfaction to his position.

GRACES community can in no way be held responsible for losses, expenses, damages, delays, costs, or indemnities borne or incurred by the Recruiter as a result of the search, presentation, placement, or engagement of candidates. by the Recruiter.

It is recalled that GRACES community is an intermediary between the Candidate and the Recruiter. As such, GRACES community cannot be held liable in the context of relations, understood in the broadest sense possible, between the Recruiter and the Candidate.

ARTICLE 2: Obligations and responsibility of the Recruiters

2.1 Update and follow-up:

At each stage of the process, the Recruiter undertakes to update the status of all candidates within 3 days, excluding Saturdays, Sundays and public holidays.

2.2 Information:

The Recruiter undertakes to inform GRACES community of any commitment of candidate (s) in accordance with these conditions within three (3) days, and in particular of the terms of the employment or collaboration contract approved by the candidate (s) ( s) retained.

2.3 Administrative formalities:

In the event of hiring or a collaboration contract with a candidate, it is the Recruiter's responsibility to complete all the mandatory formalities vis-à-vis the administration and vis-à-vis the employee or collaborator, GRACES community not being not legally empowered to do so. The Recruiter must in particular verify the nationality of the candidate and, where applicable, ensure before hiring or collaboration that he has a valid work authorization. The Recruiter is also required to have a hiring medical examination carried out, if necessary.

2.4 Financial commitment capacity of the Recruiter:

The signatory on behalf of the Recruiter of these GTC declares to have the right to financially commit the recruiting company with respect to GRACES community.

2.5 Responsibility:

The Recruiter is fully responsible for his account, his writings and more generally his actions on the recruitment platform.

ARTICLE 3: Financial terms

3.1 Fees:

The GRACES community fees owed by the Recruiter are 18% of the gross annual remuneration negotiated with the candidate.

The fees are due if the Recruiter hires a candidate proposed by GRACES community. If the Recruiter finalizes the recruitment with a candidate not proposed by GRACES community, no commission will be due.

3.2 Payment conditions:

Fees will be invoiced in full upon signature of the employment contract by the candidate.

Invoicing is carried out, in priority, by SEPA direct debit.

Payments are made in cash upon signature of the employment contract by the candidate. No discount will be applied.

The Recruiter agrees not to take grounds for a claim against GRACES community to postpone the partial or total payment and he cannot authorize himself to proceed to any compensation.

3.3 Late payment and default in payment:

In accordance with article L441-6 of the Commercial Code, any late payment automatically entails the liability of interest per day of delay, the rate of which is equal to that applied by the European Central Bank to its refinancing operation. the most recent plus ten (10) percentage points.

As this provision is formally and irrevocably agreed between the parties, such interest and costs will be payable without a reminder being necessary. Interest will be calculated on the amount including tax of the principal due and will be applied to each invoice overdue.

On the other hand, and in the absence of payment for a single term, all the sums due by the Recruiter to the GRACES community, under this Contract, will become immediately payable.

ARTICLE 4: End of trial period

In the event of termination of the trial period at the initiative of one or the other of the parties (Recruiter or Candidate), GRACES Community will in no way be responsible and will not incur any reimbursement costs.

If the Recruiter or the Candidate terminates the employment contract during the trial period, and the Recruiter decides to recruit a new candidate for the same position on GRACES Community, new fees will be due.

If the Recruiter recruits several candidates, as many fees are due as the candidates hired.

ARTICLE 5: Duration of the contract and termination

5.1 Duration:

These GTC are concluded for an indefinite period.

5.2 Termination, modification and abandonment of recruitment:

Each party may terminate this contract by a simple email sent to kelly@graces.community (for the Recruiter) or to the email entered in the Recruiter account (for GRACES community).

In the event of termination or abandonment of recruitment, if no candidate is hired within the following 18 months, then no commission will be due to GRACES community.

Conversely, if the recruitment is finalized before 18 months with a candidate presented by GRACES community, all of the fees provided for in article 3 will be due.

In the event of a significant and / or recurring modification of the content of the advertisement by the Recruiter, which would cause GRACES community to start a search for a candidate again, GRACES community authorizes itself to delete the advertisement. The Recruiter acknowledges that he will have to pay a commission equivalent to 50% of the fees provided for in article 3.

ARTICLE 6: Applicable law and competent jurisdiction

This contract will be governed, interpreted and executed in accordance with French law. 

All disputes relating to the application of this Contract will fall under the exclusive jurisdiction of the Paris Commercial Court.

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