Terms and conditions of GRACES.community

Preamble

The purpose of these General Terms and Conditions of Sale is to set out the terms and conditions under which the Recruiter may access the services, and in particular the Recruitment Service, as well as the rights and obligations of the parties, i.e. GRACES community https://graces.community and the Recruiter.

Any validation of a Recruiter account on the GRACES.community recruitment platform is subject to prior acceptance of the present Terms and Conditions.

The Recruiter expressly accepts that the details of his search and his company may be passed on to potential candidates connected to the https://app.graces.community private platform.

ARTICLE 1: Obligations and liability of GRACES community

1.1 Access to regulatory expert profiles

GRACES community undertakes to offer qualified expert profiles to any Recruiter placing an advertisement on the Site. In return, the Recruiter acknowledges that he/she shall pay the fees set out in article 3 for any hiring of a candidate proposed by GRACES community.

In order to access the profiles of regulatory experts, the Recruiter authorizes GRACES community to create a Recruiter account, and to place an advertisement. This allows the Recruiter to access the profiles of candidates and independent consultants, to communicate directly with them and, more generally, to follow the entire recruitment process.

If GRACES community submits an application to the Recruiter and the Recruiter is able to prove that he/she had previously requested GRACES community's services for this position, the Recruiter must inform GRACES community no later than 24 hours after the profile has been submitted.

If the Recruiter visits GRACES community's expert profiles and GRACES community is able to justify that it had previously solicited GRACES community for this position, the Recruiter must inform GRACES community no later than 24 hours after the profile visit.

In all cases, if the Recruiter fails to inform GRACES community or if he/she continues the recruitment process with the said candidate, the full fee will be due if the latter is hired.

1.2 Suitability of candidates

GRACES community will endeavour, as part of its obligation of means, to ensure that the candidates or independent consultants 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 position concerned.

It is up to the Recruiter to judge the suitability of their offer and the Candidate or independent consultant selected, the latter remaining solely responsible for hiring candidates or contracting with independent consultants proposed by GRACES community.

1.3 Responsibility and liability

GRACES community shall not be held liable in particular in the event that it is unable to present candidates or independent consultants corresponding to the profile requested, or in the event that the candidate or independent consultant presented by GRACES community is unsatisfactory for the position or assignment.

In no event shall GRACES community be liable for any loss, expense, damage, delay, cost, or compensation incurred or suffered by the Recruiter as a result of the Recruiter's search for, presentation of, placement of, or engagement of candidates or independent consultants.

GRACES community is an intermediary between the Applicant and the Recruiter. As such, GRACES community may not be held liable in the context of relations, understood in the broadest possible sense, between the Recruiter and the Candidate.

1.4 Commitment

GRACES community undertakes to present to the Recruiter, whenever possible, an equal number of applications from women and men, and thus to ensure respect for equal treatment and the absence of discrimination in the candidate selection process. GRACES community is a signatory of the Diversity Charter and undertakes to respect its principles.

Similarly, GRACES community is particularly concerned about compliance with the General Data Protection Regulation (GDPR) that came into force on May 25, 2018. In particular, GRACES has taken all measures to ensure that its internal processes and partnerships are compliant. Details of processing, purposes and the technical and organizational measures surrounding them are available in the privacy and cookie management policy available on the website https://graces.community.

ARTICLE 2: Recruiter's Obligations and Responsibilities

2.1 Updating and monitoring

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

2.2 Information

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

2.3 Administrative formalities

In the event of a recruitment or collaboration contract with a candidate, it is the responsibility of the Recruiter to carry out all obligatory formalities with regard to the authorities and the employee or collaborator; GRACES community is not legally empowered to do so. The same applies in the case of a service contract between the Customer and an independent consultant.

In particular, the Recruiter must check the applicant's nationality and, where applicable, ensure that he or she holds a valid work permit prior to employment or collaboration.

The Recruiter is also required to arrange for an employee to undergo a pre-employment medical examination.

In the case of an independent consultant, the Recruiter is also required to check that the independent consultant is covered by Professional Liability insurance.

2.4 Ability of the Recruiter to make a financial commitment

The person signing these GTC on behalf of the Recruiter declares that he/she has the right to bind the Recruiter financially to GRACES community.

2.5 Liability

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

The Recruiter undertakes to process and protect any personal data it may receive in connection with the analysis of candidates and/or the follow-up of interviews, in accordance with the regulatory provisions in force. In particular, and unless otherwise agreed in writing, the Recruiter undertakes to delete, without delay, any curriculum vitae of unsuccessful candidates. If the Recruiter uses a recruitment monitoring platform (e.g. CVthèque), it also undertakes to ensure, upstream, that the subcontractor complies with the RGPD.

2.6 Use of the Recruiter's logo

The Recruiter accepts that his logo appears in the carousel of client and partner logos on the GRACES community website.

ARTICLE 3 : Financial terms and conditions

3.1 Fees

GRACES community's fee, exclusive of tax, payable by the Recruiter is 19% of the gross annual remuneration negotiated with the candidate without the guarantee option (article 4.2).

In the event of subscription to the guarantee option (Article 4.2), the GRACES community fee (excluding VAT) payable by the Recruiter is 22% of the gross annual remuneration negotiated with the candidate.

Fees are due if the Recruiter hires a candidate or works with an independent consultant proposed by GRACES community.

If the Recruiter finalizes the recruitment with a candidate or the service with an independent consultant not proposed by GRACES community, no commission will be due.

In the case of a fixed-term contract, the fees payable are calculated on a pro rata basis according to the duration of the contract. For example, for a 6-month fixed-term contract, the fee is 9.5%.

In the event of a search for an independent consultant, the fees payable by the Recruiter are 19% of the Average Daily Rate multiplied by the total number of days of intervention on the customer's premises.

At any time, if the Recruiter hires the independent consultant on an open-ended or fixed-term contract, half of the standard fee will be due, i.e. 9.5% of the gross annual remuneration negotiated with the candidate in the case of an open-ended contract; or the same amount calculated pro rata to the duration of the contract in the case of a fixed-term contract.

In the case of an internship or work-study contract, GRACES community offers the fees to the Recruiter. However, if at the end of the internship or work-study period, the Recruiter hires the intern; a fixed fee of 5,000 exclusive of tax will be payable by the Recruiter to GRACES community.

3.2 Terms of payment

Fees will be invoiced in full on the first of the following two dates: either the signature of the promise to hire, or the signature of the employment contract by the candidate, or the service contract by the independent consultant.

Payment must be made in cash on receipt of invoice. No discount will be applied.

The Recruiter shall not use any claim against GRACES community as grounds for deferring partial or total payment, nor shall he or she allow himself or herself to make any compensation whatsoever.

3.3 Late and non-payment

In accordance with article L441-6 of the French Commercial Code, any delay in payment shall automatically incur interest for each day of delay at the rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points.

This provision having been formally and irrevocably agreed between the parties, such interest and charges shall be payable without the need for a reminder. Interest will be calculated on the principal amount due, inclusive of tax, and will be applied to each invoice in arrears.

Furthermore, in the event of non-payment of a single instalment, all sums owed by the Recruiter to GRACES community under these general terms and conditions of sale shall become immediately due and payable.

ARTICLE 4: Termination of trial period

4.1 No warranty

In the event of the trial period being terminated at the initiative of either party (Recruiter or Candidate), GRACES community will not be held liable and will not incur any reimbursement costs.

If the Recruiter or 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 candidates hired.

4.2 Optional warranty

Only before launching the search, the Recruiter can choose the optional guarantee. In this case, the GRACES community fee payable by the Recruiter is 22% of the gross annual remuneration negotiated with the candidate.

In return, the following guarantee will apply: If the Recruiter or Candidate terminates the employment contract during the hiring trial period (excluding the renewal period), the Company will relaunch a candidate search in order to find a replacement for the candidate initially recruited, at no additional cost to the Customer, provided that :

• a. all sums due by the Recruiter have been paid in accordance with these Conditions;
• b. the Recruiter has notified GRACES community in writing (registered letter or e-mail) of the termination of the contract within seven days of the termination;
• c. the Recruiter, one of its subsidiaries or any other company in the group does not hire the candidate within twelve (12) months of the end date of the employment contract;
• d. and that the termination of the employment or collaboration contract is not attributable to overstaffing, a change in the position(s) held by the candidate, a structural change at the Customer or negligence on the part of the Customer;

However, this guarantee is limited to a single additional search operation lasting a maximum of 3 months, and in the event of a higher salary for the new Candidate, GRACES community may invoice the additional amount. In the event of a lower salary, no reimbursement will be made. This guarantee is not systematic. It can be activated by the Recruiter each time a new search is launched. The Recruiter therefore has the option of activating the guarantee option on one position and not on another. As the principle is that there is no guarantee, it must be activated for each new job as soon as the Recruiter wishes to do so.

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

ARTICLE 5 : Duration of the T&Cs and termination

5.1 Duration

The present GTC are concluded for an indefinite period.

5.2 Termination, modification and abandonment of recruitment

Either party may terminate these terms and conditions by sending a simple e-mail to kelly@graces.community (for the Recruiter) or to the e-mail address entered in the Recruiter account (for GRACES community).

In the event of termination, GRACES community may close the customer account linked to the termination.

In the event of termination or abandonment of the recruitment, where GRACES community has presented at least 5 candidates and no candidate is hired within the following 18 months, GRACES community may invoice the Recruiter a flat-rate commission of 3,000 euros.

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

More generally, any candidate put forward by GRACES community who is hired by the Recruiter within 18 months will be liable to pay the full fee set out in article 3.

In the event of significant and/or recurrent modification of the content of the advertisement by the Recruiter, which would require GRACES community to start a new search for a candidate, GRACES community reserves the right to delete the advertisement. The Recruiter acknowledges that he/she shall pay a commission equivalent to 50% of the fees stipulated in article 3.

ARTICLE 6: Applicable law and competent jurisdiction

These terms and conditions of sale shall be governed by, construed and enforced in accordance with French law.

All disputes relating to the application of these general terms and conditions of sale shall fall within the exclusive jurisdiction of the Paris Commercial Court.