Terms & Conditions of Sale
Beehire is an innovative recruitment solution based on a platform, accessible at www.beehire.com (the “Platform“), providing users with deferred and/or live video interview services.
This solution enables:
– recruiters, Talentis’ clients (the “Client(s)”): to launch a recruitment campaign on the Platform, to invite candidates to a meeting as part of the campaign on the Platform and to select candidates on the basis of the video interviews conducted on the Platform;
– candidates accessing the Platform (the “Candidate(s)“): to introduce themselves free of charge on video on the Platform as part of a recruitment campaign and to have one or several video interview(s) with the recruiter.
The solution is the property of Talentis Group SA (“Talentis“), a Belgian company with registered office at Chaussée de la Hulpe 150, 1170 Watermael-Boitsfort, Belgium, registered with the Banque des Entreprises under number 0652.951.045.
1.1.1 These Terms and Conditions govern and form an integral part of the contractual relations between Talentis and the Client. By accepting Talentis’ offer, the Client expressly acknowledges having read and accepted them.
1.1.2 The Client expressly acknowledges the precedence of these Terms and Conditions on any other terms and conditions including, if applicable, their own.
1.1.3 Any deviation from these Terms and Conditions can only take place with Talentis’ prior written consent by virtue of special conditions.
1.1.4 The failure of Talentis to implement any clause of these Terms and Conditions shall not be construed as a waiver by Talentis of its right to invoke such clause.
1.1.5 The nullity, derogation or unenforceability of one or more clauses of these Terms and Conditions, in particular as a result of mandatory legal provisions or pursuant to 1.1.3, does not prejudice the application of the other clauses of these General Terms and Conditions. Talentis and the Client shall replace the disputed clause(s) by one or more other clauses fulfilling the same function(s).
1.2. OFFER AND ACCEPTANCE
1.2.1 Offers made by Talentis are only binding for the duration mentioned in the offer and, failing that, for a period of 15 days from the date of issue.
1.2.2 All contracts and agreements concluded by Talentis are deemed to be concluded at the registered office of Talentis.
1.2.3 The communication of the Offer signed by the Client constitutes acceptance of the offer. Furthermore, any indication of acceptance by the Client, even on the basis of a detailed silence or appearances, may be binding for the Client. However, Talentis reserves the right to refuse any acceptance other than that established by receipt of the offer dated and signed for agreement by the Client.
1.2.4 All catalogues, brochures, price lists and other information provided to the Client do not constitute offers and are provided without any obligation on the part of Talentis.
1.2.5 The Client shall use the Platform only for commercial purposes and not for personal use.
1.3. IMPLEMENTATION OF THE RECRUITMENT CAMPAIGN
1.3.1 The deadlines for setting up a recruitment campaign are indicated for information purposes only. A delay may under no circumstances give rise to the payment of damage compensation or payments of any kind.
1.3.2 In the event of an abnormal delay attributable to Talentis, the Client waives all rights other than the right to terminate the contract one month after formal notice by registered letter with proof of receipt is left unanswered by Talentis, without any damage compensation.
1.4.1 All prices quoted in the offers are exclusive of VAT.
1.4.2 Prices are quoted and payable in Euro.
1.4.3 All payments are due and payable by bank transfer within 20 days of the invoice date except for monthly offers for which payment is due and payable directly upon purchase.
1.4.4 The provision of services without payment does not constitute tacit acceptance of a waiver of payment.
1.4.5 In the event of late payment, interest on arrears at the contractual rate of 12% shall apply automatically and without prior notice of default from the due date. In addition, the amount of the invoice shall be increased by 20% with a minimum of 400 euros as a penalty clause. This is without prejudice to any legal costs incurred and procedural compensation.
1.4.6 In the event of late payment, Talentis reserves the right to suspend all its obligations without notice and without the Client being able to claim any damages.
1.4.7 Unless otherwise specified by the Client, invoices issued by Talentis are sent electronically.
1.4.8 Prices are indexed annually on the basis of the consumer price index. The index taken into account shall be that of the month prior to the start of the contract and that of the month prior to the anniversary of the contract.
1.5.1 The initial duration of the contract is indicated in the offer.
1.5.2 The start date of the contract is also indicated in the offer. If not stated in the offer, the contract start date shall be the date of issue of the first invoice relating to the said contract. For monthly offers, the start date of the contract is the date of purchase.
1.5.3 At the end of the initial term of the contract (and at the end of each subsequent term), the contract is tacitly renewed for a period equal to the initial term, unless it has been terminated by either party at least one month before the end of the current term.
1.6. IDENTIFICATION AND SECURITY
1.6.1 In order to access the Platform, the Customer logs in and uses the log in with the password provided on the Platform.
1.6.2 Use of the user account is personal to the Client. The Client and/or the person designated as a “recruiter” in the context of a particular recruitment campaign shall consequently refrain from assigning, transferring or sub-licensing these rights to use the Platform.
1.6.3 The Client shall keep its identification data confidential and shall inform Talentis immediately in the event of loss of their password, disclosure or theft of the identification data by third parties.
1.6.4 Any use of the Platform made after valid log in shall be deemed made by the Client.
1.6.5 The Client shall immediately inform Talentis of any problem related to the access and use of the Platform.
1.6.6 For security and/or maintenance reasons, Talentis may at any time:
– Suspend or interrupt the Platform’s services,
– Change the access procedure, log in, access to log in and security measures,
– Change the Customer’s password.
1.7. CONFIDENTIALITY AND DATA PROCESSING
1.7.1 The Client shall ensure the full confidentiality of the information, data, applications, etc. communicated to them by Candidates through the Platform. The Client shall not transmit the videos by any means to a third party and/or use these videos in any context other than the recruitment project declared to Talentis. The Client shall not publish these videos on the Internet or on any other medium for any reason whatsoever.
1.7.2 The Client shall comply with the applicable legislation on the processing of personal data for any data that may be subject to such legislation and that is transmitted to them by Talentis.
1.7.3 Talentis shall delete the questionnaires and interview videos made by the Candidates once the relevant recruitment process has been completed (expiry of the Client’s licence).
1.7.4 Only the Client is, and shall be, entitled to inform Candidates about the recruitment process. In return, the Client shall inform each Candidate of the outcome of the recruitment process, even if it is negative.
1.7.5 The Client is solely responsible for any use made of the information made available to them by the Candidate(s) through the Platform. The Client safeguards Talentis against any claim that may be made against them in this respect.
1.7.6 Talentis reserves the right, in the event of a breach of the law, to forward the videos and/or questionnaires in question to the authority in charge.
1.8. INAPPROPRIATE CONTENT
1.8.1 The Client shall not at any time use the Talentis Services or Platform to create, distribute, publish, upload, transmit, broadcast, promote or endorse any message, data, information, text, name, software, graphics, file material or other content that would be labelled as inappropriate content, including content which :
– is illegal, false, misleading, deceptive, false, inaccurate, defamatory, abusive, unfair, fraudulent, tortious, vulgar, offensive, profane, obscene, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights; or
– promotes or contains sexually explicit material; promotes violence or contains violent material; promotes or contains defamatory material; promotes discrimination or engages in discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age; or
– constitutes unauthorised or unsolicited advertising, junk or bulk mail (spamming); or
– contains computer viruses or any other computer code, files or programmes designed or intended to disrupt, damage, limit or interfere with the proper operation of any software, hardware or telecommunications equipment or damage or obtain unauthorised access to any system, data, password or other information of Talentis or any third party; or
– includes any infringement of Talentis’ intellectual property rights; or
– otherwise breaks the law.
Without affecting Talentis’ right to remove any inappropriate content without prior notice, upon Talentis’ prior notice, the Client shall promptly remove and delete or destroy any inappropriate content included in the Client’s Content.
Talentis may, at its discretion, terminate or suspend the agreement without prior notice if the use of the Talentis Services or the Talentis Platform includes any inappropriate content.
1.8.2. The Client shall be solely responsible for all content published by them and for the conduct of the recruitment campaign, in particular for the questions asked to the Candidates. Talentis is not liable for the Client’s content nor for any loss or damage caused by such content to third parties. The Client indemnifies Talentis against any claim that may be made against it in this respect.
1.9. INTELLECTUAL PROPERTY
1.9.1 The Client retains all rights, titles and interest in and to all of their intellectual property rights, content and trademarks.
1.9.2 Talentis retains all rights, titles and interest in and to the intellectual property rights related to its Services or Platform, including the right to transfer or authorise such intellectual property rights to third parties for any purpose.
1.9.3 The Candidate retains all rights, titles and interest in the intellectual property rights related to videos concerning them. The Client is entitled to access the Candidate’s videos as part of the recruitment campaign for which the Candidate has applied. For indicative purposes only: the Candidate may request the deletion of said video at any time.
1.10.1 Talentis is exempt from any liability in the event of an obligation that is wholly or partly unfulfilled or delayed resulting from force majeure, random event or any other event beyond its control caused by the Client or third parties. In particular, the following are considered to be cases of force majeure: labour disputes, shortages of equipment or means of transport, war, riots, fire, natural disasters, bad weather, serious illness or unexpected death of Talentis’ personnel/member of staff, when they have the effect of delaying or rendering impossible the performance of the contract. Talentis is presumed to find itself in one of these cases of exoneration; it shall not have to establish the unpredictability or irresistibility of the event or the impossibility of carrying out the contract. Talentis reserves the right to extend the term of implementation of the contract by a period equal to the period during which the case of force majeure or the act of state lasted. Likewise, if these facts could jeopardise the implementation of the offer in the manner agreed, Talentis reserves the right to terminate the agreement without any obligation or liability on its part.
1.10.2 Talentis shall inform the Client promptly of the occurrence of the case of force majeure.
1.10.3 Unless required by law, Talentis is not liable for any compensation or damage resulting from force majeure, regardless of the nature of the damage, direct or indirect, foreseeable or unforeseeable, including operating damage and personal injury, both to the Client and to third parties.
1.10.4 With the exception of fraud or gross negligence, any liability is contractually limited to the amount charged to the Client.
1.11. TRANSFER AND SUBSTITUTION
1.11.1 Talentis may substitute any other legal person it deems suitable to carry out the agreement in the performance of its obligations. Talentis is hereby authorised to assign the receivables arising from this agreement to a third party.
1.12. APPLICABLE LAW AND JURISDICTION
1.12.1 All agreements of Talentis are subject to Belgian law.
1.12.2 Any dispute in connection with the said contracts shall be the competence of the French-language courts of Brussels. However, Talentis reserves the right to take legal action on the Client on the basis of another connecting factor provided for by the Belgian Judicial Code or International Conventions.