Hunteed offers a service, accessible online, between Businesses with a need for recruitment and specialised Consultants who select profiles of suitable Candidates and offer them in return to the Companies.
By registering on the Website, the Company and the Consultant recognise that they are fully informed of the GCUS and that they are bound by all the provisions of these same GCUS.
Each term below starting with a capital letter, whether used in the singular or in the plural, has the meaning given to it in this section.
"Job Offer" means any offer of employment on a permanent contract, fixed-term contract and any job offer posted on the Website by the Company
"Candidate" means any natural person who has been recommended by a Consultant and who has agreed to be contacted by the Company
"Consultant" means any natural or legal person, registered on the Website, wishing to recommend and present Candidates to Companies who have posted a Job Offer on the Website.
< 1> "Work contract" means any type of contract signed between the Company and a Candidate formalising the hiring of the Candidate following a Job Offer.
"Identification data" designates the information required by the Website from Registered Users, at the time of registration, and given by them.
"Company" means any legal entity under private or public law, registered on the Website, posting a Job Offer on the Website to receive Candidates recommendations from Consultants.
"Guarantee Period" means the period of time commencing on the date a Candidate takes office, during which Hunteed warrants to the Company a repost of the Initial Job Offer to re-launch a new recruitment campaign, at no cost to the Company, in the event that a Candidate recruited by the Company would leave, on his own or due to the Company. The duration of this period is indicated on the job description. In the absence of any indication, the guarantee period applied by default is 30 calendar days.
"Fee" means the successful compensation that the Company agrees to pay to Hunteed when the Company and a Candidate recommended by a Consultant via the Website decide to sign a Work Contract
"Consultant Fee" means the sum that Hunteed pays to the Consultant when a Candidate, that they recommended to a Company for a Job Offer, is recruited by the corresponding Company.
<1 >> "Service" means the introduction and job recruitment follow-up services offered by Hunteed to Companies and Consultants, more fully detailed in Section 3 of the GCUS.
"Website" means any Webssite accessible on the hunteed.com domain, whose infrastructure was developed by Hunteed according to the computer formats usable online, including data of different types and in particular texts, sound, still or moving images, video and databases, intended for use by the User, and which give access to the Service.
"Company or Hunteed" designates the Collonge-Bellerive branch registered with the Geneva Trade Register with IDE CH-390.951.046., Hunteed branch (simplified joint-stock company, company with a capital of 219,823 Euro, whose head office is located at 20 bis, rue Louis-Philippe - 92200 Neuilly-sur-Seine and registered with the Trade and Companies Register of Nanterre under number 804 958 825, represented by its President Mrs Sylvie Fleury).
"User" means any natural or legal person who uses the Website without registering.
"User and registered" means any Candidate, Consultant or Company registered on the Website.
This document constitutes the General Conditions of Sale and Use of the Service and is intended to define the terms and conditions of use of the Service by the Company and the Consultant.
It is recommended to all the Users, before using the Website, to read all of the GCSU carefully and to ensure that they understand them, as they contain their rights and obligations
The GCSU constitutes the contract between Hunteed and the Company first, and between Hunteed and the Consultant second. Consequently, any possible general conditions of purchase of the Client are expressly inapplicable, as well as the general conditions of sale of the Consultant.
Any registration on the Website, its use, as well as the use of the Service offered by Hunteed, are express and unconditional acceptance of these GCSU by the Company and the Consultant.
3. Description of the Service
Hunteed has developed and operates a digital platform for connecting companies that have executive recruitment needs and independent and specialised recruitment consultants.
The Service facilitates, supports and accelerates recruitment processes for Companies by bringing them closer to Consultants whose mission is to submit applications specifically selected according to a Job Offer.
The Service offered by Hunteed allows:
For the Company: < 1>
- receive job descriptions that are very detailed and update automatically
- access business statistics on each job and on the Client, in real time
- access an internal messaging system allowing exchange directly with the Customer and/or with Hunteed
- submit the recommendations of applications and their profit on the Website
- access a management interface for the favourite jobs and recommended candidates
- be informed in real time of the status of proposed candidates The platform is the contractual partner of the parties in Switzerland.
4. Access and registration to the Service
4.1 Access to the Service
The Service is accessible on the Website from the Internet on a computer or mobile.
In order to access the Service, the Company and/or the Consultant must connect to the Website and enter their email address and password.
Use of and access to the Service will be differentiated according to the status of the Registered User: Company or Consultant.
Certain Hunteed features are available for free, others are for a fee. The financial conditions are described in Section 6 below.
4.2 Registration of the Company and/or Consultant
To be eligible for the Service, registration of the Company and/or the Consultant is mandatory.
Registration for the Service is open to any natural person, adult and capable, or to any legal person or public organisation, represented by a natural person with competence to do so.
The Company and/or the Consultant guarantee that the Identification Data they communicate to the Website are accurate and in accordance with reality. They undertake to inform the Website of any modification of this Identification Data, or even to modify it themselves on the Website within their personal space, as the case may be.
4.3 Information on the identifier and the connection
When the Company and/or the Consultant is registered, they have an identifier (his email address or his surname and first name) as well as a password, which are totally personal and confidential and must not under any circumstances be communicated to third parties. With the exception of a technical failure of the Website, the Company and/or the Consultant is held responsible for the use of their Identification Data by third parties or actions made through their personal account. The Website does not have the technical ability to check the accuracy of the identity of the people who register on the Website. If a person has any doubt about the unauthorised use of their Identification Data by a third party, they must inform the Company without delay.
For data security and protection reasons, the Company deactivates inactive Company and/or Consultant accounts for a period of 24 months and for which no credit or debit is included in the account of the Company or the Consultant.
4.4 Use of the messaging service
Hunteed provides companies and consultants with an internal messaging service enabling them to communicate and discuss the recruitment processes of the Companies and the specifically selected candidates according to an ad by the Consultants.
The Registered User agrees to use the messaging service only for professional purposes. The User is informed that in this context, Hunteed is the recipient of all the messages exchanged by the Registered Users.
As a recipient, Hunteed will have control over the electronic messages exchanged, in accordance with the applicable legal provisions.
The purposes of this control are the following, in particular:
- The prevention and repression of unlawful or defamatory facts, acts contrary to morality or likely to undermine the dignity of others, as well as the repression of these facts;
- The protection of the economic, commercial and financial interests of Hunteed, as well as the fight against practices contrary to these principles;
- The security and/ or the proper functioning of the computer systems, the Company's network as well as the physical protection of the Company's facilities;
- to not post statements, opinions or information of a defamatory, denigrating, insulting, obscene, violent or racist nature and more generally contravening the legal or regulatory texts in force, the rights of persons, public order or good morals;
- to not post advertising content of a commercial nature (any link to a Website, any telephone number, any email address or any other element likely to compete with the Company may be cancelled without notice or compensation);
- to deliver real, accurate, and up-to-date information at the time of their entry and in particular to not use false names, titles or addresses, or names, titles or addresses without authorisation;
- not to make available or distribute any unlawful, objectionable or harmful information, programs or materials (such as viruses, piracy or copying software).
5 Acceptance - modification of the GCUS
The Service is provided on condition that the Company and/or the Consultant accept the GCUS. The latter are deemed to have accepted the GCUS simply due to the use of the Service, which necessarily implies acceptance of the GCUS.
The GCUS govern the contractual relations between Hunteed and the Client who accepts them without reservation. 0>
Hunteed reserves the right to waive certain clauses of the GCUS, depending on the negotiations made with the Company or the Consultant, by the establishment of special conditions. In case of contradiction between the special conditions of sale and the GCUS, the special conditions shall prevail.
The GCUS apply for the duration of the Services being posted.
The GCUS that apply at the time of recruitment are those that were displayed at the time the ad was posted on the Website by the Company
Hunteed reserves the right to modify the GCUS at any time. Any modification of the GCUS is electronically notified to the Company and the Consultant registered on the Website, which are free to refuse the application.
In the absence of express refusal on their part, the updated GCUS shall apply and shall apply to any use of the Service.
6. Financial Conditions
For the Company
The financial terms of registration on the Website, the posting of Job Offers by the Company and the collection of profiles of recommended Candidates are indicated in the "pricing" tab on the Hunteed Website. The applicable rate is the one in force at the time of the job offer.
Hunteed then issues to the Company an invoice for the total amount of the Fee, plus VAT, if applicable, payable upon receipt.
In the event of late payment and transfer of the sums due by the Client beyond the above deadline, and after the date of payment shown on the invoice sent to the latter, an interest rate of 6% per year of delay will apply automatically and by right, without any formality or prior notice and will result in the immediate payment of all amounts due to Hunteed by the Client, without prejudice to any other action that Hunteed would be entitled to take against the Client in this respect.
If the Company recruits or collaborates with a Candidate within twelve (12) months following the date of the last interview with the Company, for an advertised position or any other position, the Fee corresponding to the advertised position will be entirely due to Hunteed.
If a consultant submits an application to the Company and the Company has already known of this application by another means, the Company must inform the consultant within a maximum of 5 days and must provide proof if necessary or requested.
In the event that a Candidate is recruited by the Company and this Candidate leaves the Company during the Guarantee Period, the Company undertakes to notify Hunteed in writing within 5 days. Hunteed undertakes to repost the Initial Job Offer on the Website in order to launch a new recruitment campaign. If a new Candidate is recruited, the Company will have no new Fee to pay.
For the consultant
Registration on the Website, the recommendation of Candidates by the Consultant and the access to the Job Offers by the Consultant are free.
Only they are authorised to present candidates on the platform:
- Swiss consultants with a license to engage in recruitment pursuant to Art. 823.11 Federal Act on the Employment Service and the Leasing of Investment Services.
- Consultants not registered in Switzerland whose activity is in accordance with the legislation of the country in which they perform their recruitment activity. It is reminded that it is legally forbidden for a consultant that is not registered in Switzerland to work directly with a Swiss company. (823.11 LSE Chap 8 Section 39). The platform constitutes the contractual partner of the parties.
When a Candidate is recruited by a Company, the Consultant who submitted them may claim payment of the Consultant Fee from Hunteed, under the conditions specified below. Beforehand, the Consultant must (i) have entered or updated his email, postal address, banking (SWIFT, IBAN, RIB), and Business Identification Number (IDE) numbers for Swiss companies, SIREN and SIRET for French companies, their tax status or, failing that, their intra-community VAT number, in the spaces provided for this purpose on the Website, or electronically to email@example.com of which the amount excluding VAT will correspond to the amount of the Consultant Fee. Hunteed reserves the right to request an invoice from the Consultant
- The Consultant must be a professional recruitment consultant and not a Candidate promoting his/ her own application;
- The Company has fulfilled from the Company of the Fee corresponding to the Job Offer for which a Candidate proposed by the Consultant has been recruited;
- The Candidate must not have left the Company before the end of the Guarantee Period;
- The Candidate left the Company before the end of the Guarantee Period, but the Company recruited a new Candidate proposed by the same Consultant. It is reminded that if a Candidate recommended by the Consultant is recruited, but leaves the Company (on his own or due to the Company) before the end of the Guarantee Period, the Consultant cannot claim to receive the Consultant Fee. <0 >
The Company undertakes to pay the Consultant Fee within a 30 days from the end of month from the date of issue of the invoice. This invoice will be issued at the end of the Candidate's Guarantee Period in the Company.
The Consultant may receive additional earnings on jobs with special offers. The conditions of these offers appear on each job concerned: amount of earnings, triggering conditions (Candidate submitted, Interviewed Candidate), the validity period of the offer. The Consultant who participated in the special offers receives a follow-up statement of his Candidates, as well as the amount due to him, either by email or by notification referring them to the Website.
The Consultant is informed that the Fees received must be declared to the tax office.
7. Personal data
The Registered User is informed that the personal data that may be requested when registering on the Website and sent to Hunteed, processing manager, are required for registration and access to the Service.
< 0> They are used for the purposes of identification, invoicing, or the improvement of their Service and to send them personalised information, in order to facilitate the use of the services and may be transmitted to subcontractors or partners, in order to manage the Service. In addition, the Registered User is informed that Hunteed may also disclose such data to respond to an injunction from the legal authorities, such as a judicial requisition.
The Registered User has a right of access, rectification and deletion of data concerning him by writing a letter enclosing an identity document to Hunteed, 20 bis, rue Louis-Philippe - 92200 Neuilly-sur-Seine, France
The Registered User may also, for legitimate reasons, oppose the processing of data concerning him. He may also object without having to motivate his request to continue to receive electronic newsletters or that his data be used for commercial prospecting purposes by contacting Hunteed at the above address.
In accordance with the law, the Company implements all of the most appropriate means in order to ensure the protection and confidentiality of the collection, storage and processing of Personal Data.
8. Confidentiality - Client Reference
Hunteed, the Company and the Consultant undertake in their name and in that of their collaborators to consider as confidential the data transmitted to them, during the execution of the Service and a duration of 5 years following this, and to do not use them outside the intended use of these GCUS. This obligation of confidentiality does not concern information that has fallen into the public domain or whose disclosure has been authorised in writing by the party concerned.
8.2 Right of reference
The Company agrees to appear on Hunteed's list of client references, (company name and corresponding logos) as a commercial reference.
9. Obligations and responsibility of Hunteed
9.1 Hunteed's Obligations
Hunteed is committed to implementing all necessary means to ensure the best Service delivery.
Hunteed is in no way a recruitment agency and does not organise any "real" negotiation between the Company and the Candidates. Hunteed's sole purpose is to connect Companies and Consultants.
In order to preserve the quality of the Website, Hunteed reserves the right to refuse a Company, a Job Offer, a Consultant or a Candidate at theirs sole discretion.
In the case of non-compliance with the CGVU by a Company or a Consultant, Hunteed may unilaterally and without delay terminate the Company and/ or Consultant's registration, by simple electronic notification, without prejudice to any damages that Hunteed may claim in compensation for the breach.
9.2 Hunteed's responsibilities
The Company may not be held liable in the case of misuse of the Service by the Company and/ or the Consultant, or the theft or compromise of their login information.
Furthermore, Hunteed may not be held responsible for
- the content of the Job Offers;
- for the content of the Identification Data and Personal Data;
- for the total or partial non-compliance with 'an obligation and/ or failure of the operators of the social networks by which the Registered User has connected his profile on the Website;
- of the total or partial non-compliance of an obligation and/ or failure of the operators transport networks to the Internet world and in particular to its access provider(s). Hunteed's liability may only be incurred in the event of proven fault by the User as a result of a breach of their contractual obligations as defined herein and only in respect of direct damage suffered by the User.
This excludes indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, increase of overhead costs or losses resulting or being the consequence of the execution of these.
In any case, Hunteed shall not see their liability engaged, with regard to the Company, all causes and prejudices combined, beyond the total amount, excluding tax, of the amounts collected by Hunteed in respect of the Service over a period of 12 months preceding the event giving rise to Hunteed's responsibility.
In respect of the Consultant, Hunteed may not be held liable, all causes and damages combined, beyond the total amount of Consulting Fees received by the Consultant over a 12-month period preceding the event giving rise to Hunteed's liability.
10. Company obligations and responsibility
10.1 The Company is responsible for any Job Offer that they publish on the Website. They should only post ads and information in line with reality, and corresponding to a real advertisement. They are prohibited from broadcasting defamatory information and in general any content contrary to the purpose of the Website. They undertake to not distribute content or information containing links to websites that are illicit and/or not in accordance with the purpose of the Website.
10.2 When the Company performs any recruitment, it undertakes to respect the legislation and more particularly the rules and the obligations, related to the publication of Job Offers, as announced by SECO (State Secretariat for Economic Affairs
10.3 The Company is solely responsible for the use of the Service, the content of the Identification Data they provide for it, the information transmitted, disseminated or collected, their use and their updating, as well as all files, particularly address files. Each Company undertakes in particular:
10.5 The Company is prohibited from using the Service to make available to the public any content for which they do not hold the rights and which would thus violate provisions relative to the copyright law or intellectual property law. Hutneed can only warn the Company of the legal consequences that could result from illegal activities within the Service, and releases any responsibility for the use of data made available to the public by the Company. The Company is prohibited from any use of the Service for illicit or illegal purposes such as: spamming, intrusion or attempted intrusion from the Service (not exhaustively: port scanning, sniffing, spoofing...). In such cases, the Company reserves the right to immediately and by right terminate the contract, without prejudice to the right to compensation for direct or indirect damages suffered by Hunteed.
10.6 The Company refrains from recruiting a candidate presented on the Hunteed platform without having previously updated the status of said candidate on the platform.
If a consultant and a company initiate a collaboration on a job through the Hunteed platform, they are prohibited to collaborate in a manner other than that proposed by the platform on this job in particular, for a minimum period of 18 months.
If either party does not respect these conditions, Hunteed reserves the right to charge compensation equal to the loss sustained.
10.7 The Company shall bear the consequences of any defective operation of the Service following any use by the members of their staff or by any other person to whom the Company has provided their password. Likewise, the Company shall solely bear the consequences of the loss of the password(s) mentioned above.
11. Obligations and responsibilities of the consultant
11.1 The Consultant undertakes to recommend Candidates who appear to correspond to the Job Offers distributed by the Companies. He undertakes to present only Candidates from whom he has received their express agreement to apply. He refrains from "spamming" Companies with Candidates who are too far from the Job Offer in terms of experience and skill.
11.2 The Consultant agrees to warn the candidate to apply for a position defined via the Hunteed platform
11.3 The Consultant undertakes to objectively explain the reasons for recommending a Candidate, by using the fields and forms available to him. On this occasion, it is forbidden to send information of a defamatory, discriminatory nature and in general any content contrary to the purpose of the Website.
11.4 The Consultant refrains from recommending a candidate for a Job Offer by contacting the Company directly without going through the Services provided by Hunteed.
If a Consultant and a Company initiate a collaboration on a position to be filled through the Hunteed platform, they are prohibited from collaborating in a manner other than that proposed by the platform on this post in particular, for a minimum period of 18 months.
If one or both parties fail to comply with these conditions, Hunteed reserves the right to charge compensation equal to the loss.
11.5 The Consultant is solely responsible for the use of the Service, the content of the Client Data that they provide the concerned, information transmitted, disseminated or collected, their use and updating, as well as any files, including address files. Each Consultant undertakes in particular:
11.7 The Consultant is prohibited from using the Service to make available to the public any content of which he does not hold the rights and which thus violates provisions relating to the copyright law or intellectual property law. Hunteed can only warn the Consultant about the legal consequences that could result from illegal activities within the Service, and release all joint and several liability for the use of the data made available to the public by the Consultant. The Consultant is prohibited any use of the Service for illicit or illegal purposes such as: spamming, intrusion or attempted intrusion from the Service (not exhaustively: port scanning, sniffing, spoofing...). In such cases, the Company reserves the right to immediately and by right terminate the contract, without prejudice to the right to compensation for direct or indirect damages suffered by the Company.
11.8 The Consultant declares to be insured under his professional civil liability and that the conditions of his insurance allow him to use the Service.
11.9 The Consultant will bear the consequences of any defective operation of the Service following any use by the members of their staff or by any other person to whom the Consultant has provided his/ her password(s). Likewise, the Consultant alone bears the consequences of the loss of the password(s) mentioned above.
12.1 Termination on the initiative of the Registered User
The Registered User may terminate the Service at any time, without notice or justification, by simple mail or email.
The user may request that the data collected on the platform be erased after termination.
12.2 Termination on the Company's initiative
In the case of non-compliance with the CGVU by a Company or a Consultant, Hunteed may terminate the registration of any Company and/ or Consultant unilaterally and without delay, by simple electronic notification, without prejudice to any damages that Hunteed could claim in repair of the breach.
In addition to the cases for termination mentioned above, Hunteed reserves the right to discontinue the Service of a Registered User, if they constitute a danger to the maintenance of the security of the Company's hosting platform, particularly in the case of hacking of the Registered User Service, the detection of a flaw in the security of the system.
For security and protection reasons data, the Company deactivates the accounts of Inactive Registered Users for a period equal to or greater than 24 months and for which no credit or debit is included in the Registered User's account.
13. Intellectual property
In order to allow Hunteed the opportunity to provide the Service, the Client agrees to grant to Hunteed on a non-exclusive basis, worldwide and free of charge, all the intellectual property rights relating to the elements used for the drafting of the Job Offers (the "Elements"). These rights are granted for the duration of the Service between Hunteed and the Client. These rights include the right to reproduce, represent, post, adapt, modify, translate and communicate to the public all or part of the Job Offer via any means and on all formats and all digital and printed media (Online, email, SMS, MMS...).
All the content of the websites and computer programs, software, products, graphic interface elements or other elements associated with the Service provided by the Company, the Hunteed brand, the logo, the graphics, the images, animations, video and text contained on the Website (with the exception of the Client's Elements), are the property of the Company and may not be reproduced, used or represented, in any form or by any means without the express authorisation of Hunteed.
Access to the Service is granted under a free license. The Licenses granted by the GCUS do not give any right to the content of the websites' computer programs, software, and products associated with the Service provided by Hunteed, nor to the associated logos and other names, logos, icons and brands identifying the Company's products and services that are not to be used without the prior written permission of the Company.
Some technical information may be collected whilst the User browse's the Website, such as the browser version (Chrome, Firefox, Safari, Opera, Internet Explorer, etc.), the browser language, the type of operating system used (Linux, Windows 98, Mac OS, etc.) and the Internet Protocol (IP) address of the computer used, in order to adapt the presentation and ergonomics of the Website to the technical specifications of the user's terminal
The Website issues cookies that Hunteed may save on the hard drive of the User's terminal through the User's Internet browser when they use the Website, subject to their consent or opposition
If one or more stipulations of the GCUS are found to be invalid or declared as such under a law, regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their force and their scope.
16. Force majeure
The Company may not be held responsible for the non-fulfilment of their obligations under the GCUS, if this non-performance is due to force majeure.
The obligations thus suspended will be executed again as soon as the effects of the causes of non-performance will have ended, within a time frame that will depend on the availability at the time.
The computerised registers, kept within Hunteed's computer systems and their service providers under reasonable security conditions, will be considered as proof of communications and payments between the parties. Accordingly, except in the case of a serious and manifest error by Hunteed and proven by the Company and/ or the Consultant, the latter may not contest the admissibility, validity or probative value of the information in electronic format or the Company's computer systems, on the basis of any legal provision whatsoever and which specifies that certain documents must be written or signed to be constituted evidence.
18. Applicable law
The GCUS are governed and interpreted in accordance with French law.
In the case of difficulties of interpretation or execution of the GCUS, the Company and/or the Consultant and Hunteed shall try to settle their dispute amicably within thirty (30) calendar days from the date on which one of the parties will have notified the other of the difficulty, by registered letter with acknowledgement of receipt.
At the end of this period, in the event of persistent disagreement, the dispute shall be brought before the Geneva court, for any dispute with a Company, or a Consultant.