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Ilabela - TERMS OF SERVICE

 

Article 1 - Preamble, scope of application and designation of parties

1.1. The general terms and conditions of sale described below are intended to govern all contractual relations between the company Ilabela (the Company) whose registered office is located at 15 rue de Lille, 75007 Paris, RCS Paris 89 397 514 400 013 with professional CUSTOMERS (the CUSTOMER).

For its activity, Le Ilabela relies on a network of independent Consultants (the EXPERT), natural or legal persons who have signed a commercial EXPERT contract with Ilabela. These terms and conditions are also applicable to the relationship between the EXPERT, mandated to act on behalf of Ilabela, and the CLIENT.

1.2 All recruitment and related services provided by Ilabela or the EXPERT representing it are subject to these general terms and conditions of sale as well as the special terms and conditions of sale.

These general terms and conditions of sale are expressly accepted by the CUSTOMER, who declares and acknowledges that he/she is fully aware of them, and thus waives the right to rely on any contradictory document, in particular, his/her own general terms and conditions of purchase, which shall not be binding on Ilabela, even if he/she has been informed of them.

1.3. The signature of the recruitment mandate implies the CLIENT's acceptance of these general and special conditions.

1.4. The fact that Ilabela does not avail itself at a given time of any of the clauses herein shall not constitute a waiver of the right to avail itself of these same clauses at a later date.

1.5. Ilabela reserves the right to modify at any time the present general terms and conditions of sale without prior notice. The T&Cs shall be valid as signed, for the duration of the performance of the service.

 

Article 2 - Purpose of the mission

2.1. Ilabela, through its network of Independent Consultants, supports the CUSTOMER in its recruitments in order to find the CANDIDATE for one or several positions to be filled. In this case, the EXPERT is the sole commercial contact of the CLIENT, which he will have referred to Ilabela after having concluded a mandate with the latter. The EXPERT undertakes to make its best efforts to execute the mandate.

2.2 By accepting these Terms and Conditions, the CUSTOMER authorizes Ilabela or the EXPERT representing it to post its job offers on the Ilabela platform and on any other digital or web medium that will allow the CUSTOMER to achieve the desired recruitment objective.

2.3 Without special notification from the CUSTOMER, the job offer shall not specify the name of the CUSTOMER company, in order to protect the CUSTOMER from any direct approach from candidates. However, at the express request of the CLIENT, the name of the company may be made public. This will then be notified as a special condition in the recruitment mandate. In this case, the CUSTOMER agrees to entrust its recruitment exclusively to Ilabela and to refer any candidate who spontaneously presents himself to the company to Ilabela or to the EXPERT representing him.

 

Article 3 - Completeness

In the event that one of the clauses of the mandate is null and void due to a change in legislation, regulations or by

Ilabela shall remain the owner of all documents made available to the CLIENT and in particular the job offer and the CVs proposed to the CLIENT in the context of the recruitment process.

 

Article 5 - Formation of the contract

5.1. For all recruitment services, the contract shall be completed only after the establishment of a mandate, with the express acceptance in writing or via the use of an electronic signature, by the CLIENT and Ilabela.

5.2. The mandate shall consist of the following contractual documents listed in ascending order of priority in which they prevail over each other:

a) these general terms and conditions of sale,

b) the special conditions set forth in the document named "Recruitment Mandate",

5.3. The mandate is valid for 30 days from the date of its issue (delivery or dispatch) subject to a specific validity date formulated in the said offer.

5.3. Any changes to the service requested by the CUSTOMER shall only be taken into account, subject to acceptance by Ilabela or the EXPERT representing it, if they are notified in writing as well as any adjustment to its price.

5.4. A cancellation of the order by the CUSTOMER after its acceptance, for any reason whatsoever, must be notified to the company Ilabela or the EXPERT representing it in writing as soon as possible. This will stop the research carried out by Ilabela or THE EXPERT representing him. This cancellation will not give rise to the reimbursement of the service already paid by the CLIENT beyond 8 days from the date of signature of the mandate.

 

Article 6 - Constitution of job offers

The job offer is constituted by the EXPERT in conjunction with the CLIENT on the basis of all written information provided by the CLIENT, which is deemed to be accurate and complete.

 

Article 7 - Obligations of the CLIENT

7.1. The CUSTOMER shall fulfil his obligations, in particular with regard to the provision of information.

The CLIENT shall make available to Ilabela or the EXPERT representing it, within the agreed timeframe, all documents and information necessary for the execution of the mandate. In the context of the mandate, this information shall include the discovery of the company and its needs through an in-depth telephone interview or preferably a field visit, and, if applicable, a job description(s) corresponding to the delegated recruitment mandates.

7.2. The CUSTOMER shall not contact directly and recruit any candidate presented through Ilabela or the EXPERT representing him/her within one year of the presentation of the CVs by Ilabela or the EXPERT representing him/her, whether for an identical position or a position with a different scope, without notifying Ilabela. In the event that such a recruitment should occur, the amount of the mandate shall remain due by the CLIENT to Ilabela.

Likewise, the CLIENT agrees to notify Ilabela or the EXPERT representing him for any additional and subsequent recruitment of a candidate whose CV would have been provided by Ilabela or the EXPERT representing him. Such recruitment shall be subject to a mandate and invoicing.

7.3. In compliance with the General Data Protection Regulation (RGPD - L127 of May 23, 2018) and the French Data Protection Act of

freedoms of 1978, the CUSTOMER shall not keep the CVs provided by Ilabela. The CUSTOMER shall likewise refrain from transferring the CVs made available to it to a third party company.

7.4. The CUSTOMER shall indemnify Ilabela or its representative against all consequences of any action arising from the inaccuracy of the information

    

a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.

 

Article 4 - Intellectual and industrial property

the

The mandate, delivered or sent by Ilabela or the EXPERT representing him, as long as it is not signed, remains the entire property of Ilabela; it must be returned upon request. The CUSTOMER agrees not to make any use of this document that may infringe the industrial or intellectual property rights of the company and agrees not to disclose it.

15 rue de Lille, 75007 in Paris, with a capital of 40 000 euros, RCS Paris 89 397 514 400 013, contact@ilabela.io

Ilabela - GENERAL TERMS OF SERVICE

The CUSTOMER guarantees that Ilabela will provide the services required by the CUSTOMER in order to meet its needs and to define the profile of the candidate. The CUSTOMER also guarantees Ilabela or the EXPERT representing it, against the consequences of an incorrect description of the company's activities or the missions that will be entrusted to the candidate.

The CUSTOMER is also responsible for the regulatory obligations concerning the positions to be filled such as the name of the necessary permits, the respect of the safety rules for the reception of the employee in the company. This list is not exhaustive.

 

Article 8 - Time limit of the service

Given the nature of the recruitment services entrusted to him, the Ilabela or the EXPERT representing him is only bound to an obligation of means.

Ilabela or the EXPERT representing him undertakes to do everything possible to propose to the CUSTOMER, as soon as possible, a profile corresponding to the search criteria entrusted by the CUSTOMER.

In no case, the Ilabela or the EXPERT representing him shall be held responsible for any changes and/or corrections made by the CUSTOMER on the profile search, or by any third party designated by him, in relation to the initial search.

The hiring date requested by the CLIENT does not represent a firm deadline for execution. Exceeding this deadline shall in no way entitle the CLIENT to compensation.

 

Article 9 - Constitution of offers, invoicing and payment terms

9.1. The recruitment services are provided at the rates in force on the day of the realization of the service according to the recruitment mandate previously established by Ilabela or by the EXPERT representing him, and accepted by the CLIENT, as

9.3. Ilabela OFFER: it is composed of the ACCESS package and the Ilabela package. The signature of an Ilabela offer implies the acceptance of a recruitment mandate including these two packages. The Ilabela package is available for the following profiles: NON QUALIFIED, QUALIFIED, MANAGER, EXECUTIVE, SUPERVISOR.

1) The ACCESS package is defined as in point 9.2. 1).

An invoice will be sent upon acceptance of the mandate (signature of the estimate) by the CLIENT. Payment is expected upon receipt of the invoice.

The payment of this sum does not presage the success of the recruitment. Ilabela or the EXPERT representing him will do his best to make the service a success. However, the non-fulfillment of the recruitment for any reason whatsoever, shall not give rise to a refund of the ACCESS package payment.

2) Ilabela package corresponds to the second step of the recruitment process: analysis of the applications and search in the partner CV libraries, reception of the selected candidates for an interview, search for recommendations, validation of the technical skills and interpersonal skills, selection and presentation of the candidates to the CUSTOMER, accompaniment during the candidate-client interview if desired.

Ilabela package gives rise to a payment on success. The mandate is considered as completed on the day the contract is signed between the CLIENT and the selected candidate. The contract can take different forms: work contract (CDD, CDI), promise to hire, Interim, bi or tripartite training agreement (in particular PMSMP, AFPR), professionalization contract, subcontracting, commercial agent, agent, non exhaustive list. The invoice established by Ilabela is sent to the CLIENT as soon as the commitment between the client and the selected candidate is formalized by one of its documents. Payment is required in cash.

9.4. THE ALLIANCE RECRUITMENT PACKAGE

1) THE ALLIANCE RECRUITMENT PACKAGE allows the CUSTOMER to access ACCESS-type sourcing services over a long period of time: discovery of the company, analysis of the recruitment needs, definition of job descriptions, drafting of job offers, multi-posting on job sites whose choice will have been judged judicious by Ilabela or the EXPERT representing him, sharing on social networks, reception, sorting and sending of CVs.

THE ALLIANCE RECRUITMENT PACKAGE can be offered for a period of 6 months (ALLIANCE 6M) or 12 months (ALLIANCE 12 M / 1 YEAR).

The acceptance of this mandate (signature of the estimate) is worth immediate invoicing by Ilabela to the CUSTOMER. The payment can be made in one time or monthly. In case of one-time payment at the signature of the mandate, a preferential rate is applied. In case of monthly payment, a direct debit procedure is set up.

The ALLIANCE RECRUITMENT PACKAGE is effective upon signature of the quote.

2) The ALLIANCE RECRUITMENT PACKAGE can be accompanied by the SUCCESS option. The SUCCESS option corresponds to the following part: analysis of the applications and research in the partner CV libraries, reception of the selected candidates in interview, search for recommendations, validation of technical skills and interpersonal knowledge, final selection and presentation of the candidates.

The SUCCESS option is available for NON QUALIFIED, QUALIFIED, MANAGER, EXECUTIVE, EXECUTIVE profiles.

The acceptance of the ALLIANCE RECRUITMENT PACKAGE mandate implies the acceptance of a price list for all the SUCCESS packages that will take place during the chosen subscription period. The acceptance of the ALLIANCE RECRUITMENT PACKAGE mandate shall result in the immediate invoicing by Ilabela to the CUSTOMER of the ALLIANCE SUBSCRIPTION part following the procedure described in article 9.4.1).

The SUCCESS option shall be billed to the CUSTOMER according to the profiles sought. The SUCCESS option gives rise to a payment on success. The mandate is considered to be completed on the day the contract is signed between the CLIENT and the selected candidate. The contract can take different forms: employment contract (fixed term, permanent), promise to hire, Interim, bi or tripartite Internship Agreement (in

  

The prices indicated in the article "Formation of the Contract" are net prices excluding VAT.

The offers are divided into categories.

9.2. The ACCESS and ACCESS + packages above. The rates

 

1) The ACCESS package only corresponds to a sourcing package: discovery of the company, analysis of the recruitment needs, definition of the job description, drafting of the job offer, multi-posting on the job sites chosen by Ilabela or the EXPERT representing him, sharing on social networks, reception, sending of CVs to the CLIENT.

The ACCESS package gives rise to the sending of an invoice upon acceptance of the mandate (signature of the estimate) by the CUSTOMER. Payment is expected upon receipt of the invoice.

2) The ACCESS + package (known as ACCESS PLUS) corresponds to a reinforced sourcing package: discovery of the company, analysis of the recruitment needs, definition of the job description, drafting of the job offer, multi-posting on the job sites chosen by Ilabela or the EXPERT representing him, sharing on the social networks, reception of resumes, search in the partner resumes libraries, pre-qualification and sending of resumes.

The ACCESS + package gives rise to the sending of an invoice upon acceptance of the mandate (signature of the quote) by the CUSTOMER. Payment is expected upon receipt of the invoice.

3) For the ACCESS and ACCESS + packages, the sending of CVs by the EXPERT to the CUSTOMER company is done over a maximum period of 45 days from the acceptance of the recruitment mandate.

Ilabela or the EXPERT, as his representative, undertakes to make every effort to propose to the CUSTOMER, within the time limit, profiles that meet the requirements of the search described in the recruitment mandate. If during this 45-day period, no profile has been presented by Ilabela or the EXPERT, or no profile has been judged adequate by the CLIENT, the ACCESS and ACCESS + packages will not be refunded. If the customer wishes to continue this service, a new ACCESS or ACCESS + package must be subscribed.

15 rue de Lille, 75007 in Paris, with a capital of 40,000 euros, RCS Paris 89 397 514 400 013, contact@ilabela.io

Ilabela - GENERAL TERMS OF SERVICE

Ilabela can provide services to its clients under the following conditions: (i) the provision of services (e.g., PMSMP, AFPR), professionalization contract, subcontracting, sales agent, representative, non-exhaustive list. The invoice established by Ilabela is sent to the CUSTOMER as soon as the commitment between the client and the selected candidate is formalized by one of its documents. Payment is required in cash.

9.5. The PROCESS RECRUITMENT package is a recruitment mandate with payment on success only. The amount of the service is a percentage of the gross annual remuneration of the future employee retained by the CLIENT. This gross annual remuneration includes the fixed salary as well as bonuses, incremental rates and any other variables that may be added.

In the event that the recruitment results in a part-time contract, the gross annual remuneration retained, in addition to meeting the above-mentioned criteria, is understood to be the full-time equivalent.

1) The percentage applied depends on the recruitment guarantee. This guarantee applies under the conditions specified in Articles 10.3. and 10.4.

2) For the purpose of establishing the recruitment mandate, an estimate of the cost of recruitment will be based on the average value of the expected gross annual salary range.

The final amount of the service will be revised upwards or downwards according to the actual and final gross annual remuneration agreed between the CANDIDATE and the CUSTOMER, based on written proof.

The PROCESS RECRUITMENT package is invoiced on a success basis. The mandate is considered to be completed on the day the contract is signed between the CLIENT and the selected candidate. The contract can take different forms: employment contract (fixed term, permanent), promise to hire, interim, bi or tripartite training agreement (in particular PMSMP, AFPR), professionalization contract, subcontracting, commercial agent, agent, ... This list is not exhaustive. The invoice established by Ilabela is sent to the CLIENT as soon as the commitment between the client and the selected candidate is formalized by one of its documents. Payment is required in cash.

The signing of a promise to hire between the CLIENT and the selected candidate results in billing on the date of signing the promise to hire. Payment is required in cash.

 

9.6. The ONBOARDING offer is a consulting service for the successful integration of the employee into the CLIENT company: audit of the integration procedures in place in the company, recommendations and improvements, provision of model deliverables (welcome booklet, internal communication support, etc.), monitoring prior to integration, during and in the weeks that follow. A review is made with the client in the week following the integration of the candidate and then at three weeks. The ONBOARDING offer is invoiced upon acceptance of the mandate by the CLIENT. Receipt of payment is a prerequisite for the start of the service.

9.7. The OUTPLACEMENT offer is a service of advice and support for a candidate when he/she is dismissed from the CLIENT company: help in rewriting the CV and cover letters - Support and advice in the search for a new position. The OUTPLACEMENT offer is invoiced upon acceptance of the mandate by the CLIENT. The reception of the payment is a prerequisite to the start of the service.

9.8. The ACCOMPANYING offer is a service of advice and support for the client in its recruitment challenges. It can be a support in the definition of its recruitment needs and more broadly in the GPEC (Gestion Prévisionnelle de l'Emploi et des Compétences), in the realization of candidate interviews, non-exhaustive list (the object of the service will be defined on the estimate/invoice). The ACCOMPANIMENT offer is invoiced as soon as the mandate is accepted by the CLIENT. The reception of the payment is a prerequisite to the start of the service.

9.9. The ACTIVE PLACEMENT offer is a pro-active service of presentation of qualified candidate(s) responding to a recruitment need of a client. This service does not lead to the publication of a job offer. The ACTIVE PLACEMENT offer is invoiced on a success basis. The mandate is considered as completed on the day the contract is signed between the CLIENT and the candidate

candidate. The contract can take different forms: employment contract (fixed term, permanent), promise to hire, interim, bi or tripartite training agreement (in particular PMSMP, AFPR), professionalization contract, subcontracting, commercial agent, agent, non-exhaustive list. The invoice established by Ilabela is sent to the CLIENT as soon as the commitment between the client and the selected candidate is formalized by one of its documents. Payment is required in cash.

 

Article 10 - Warranty

10.1. In the case of Ilabela packages, the SUCCESS option and the ACTIVE INVESTMENT offer, if the CLIENT or the candidate presented terminates the employment contract within the first three months following its signature for an executive, or within the first month for a non-executive, for a reason other than economic, Ilabela or the AGENT representing it commits to present another candidate without additional fees for the CLIENT (except for advertising or broadcasting costs on specific platforms that would have been agreed upon beforehand).

10.2. In the case of the PROCESS RECRUITMENT package, the duration of the recruitment guarantee has been defined in the recruitment mandate. This guarantee applies regardless of the origin of the breach of contract, whether it is the candidate's or the CUSTOMER's fault, for a reason other than economic. Ilabela or the AGENT representing him, will implement the necessary means to present another candidate without additional fees for the CUSTOMER (except for advertising or broadcasting costs on specific platforms which would have been agreed upon beforehand).

10.3. The implementation of this guarantee is conditioned to the payment of the initial invoice of Ilabela PACKAGE, the SUCCESS OPTION, the ACTIVE PLACEMENT OFFER or the RECRUITMENT PROCESS PACKAGE, by the CUSTOMER and to the obligation for the CUSTOMER to notify Ilabela or the EXPERT representing it, in writing (email) within 7 days following the end of the work contract.

The guarantee will result in a replacement made on the same position, for the same place of work and with the same conditions of remuneration as the initial recruitment. This guarantee applies only once for the same initial term.

10.4. Should the CLIENT waive this guarantee clause and not wish to replace the candidate who has been the object of the breach of the employment contract, the fees shall be retained in full by Ilabela.

In all cases, it is specified that the guarantee periods described in paragraphs 10.1. and 10.2. are perfectly distinct from the trial period provided for in the candidate's employment contract.

10.5. The departure of the candidate during the above-mentioned period shall not relieve the CLIENT of its obligation to pay the recruitment fees to Ilabela.

 

Article 11 - Terms of payment

11.1. No discount shall be given by Ilabela for cash payment or payment within a period less than that stated in these General Terms and Conditions of Sale or on the invoice issued by Ilabela.

11.2. In the event that the CLIENT retains a candidate presented by Ilabela or the EXPERT representing it but decides at the time of hiring to modify the job title, and/or the missions entrusted, and/or the type of contract resulting in the candidate not taking up the position, the mandate shall remain due in full. 11.3. Failure to pay a single invoice by its due date shall result in the forfeiture of the term of payment and shall render all of Ilabela' due dates immediately payable, even if not yet due. Any amount not paid by the due date shall give rise to the payment by the CUSTOMER of late payment interest at the rate of 10% per year. In addition, in case of late payment, a fixed compensation of 40 € will be payable for collection costs.

In the event of non-compliance with the above payment terms, Ilabela reserves the right to suspend the provision of other recruitment services ordered by the CLIENT, to suspend the performance of its obligations and to cancel any discounts granted to the CLIENT.

 

15 rue de Lille, 75007 in Paris, with a capital of 40,000 euros, RCS Paris 89 397 514 400 013, contact@Ilabela.io

Ilabela - GENERAL TERMS OF SERVICE

Ilabela also implements an escalation procedure in case of non-payment ranging from a reminder to the call to a bailiff.

 

Article 12 - Responsibility of Ilabela and professional secrecy

Ilabela or the EXPERT representing it shall not be liable if the CUSTOMER fails to comply with the obligations set forth in the article "CUSTOMER'S obligations" above.

Ilabela or the EXPERT representing it, and the CLIENT agree to keep confidential all information and documents concerning the other party, of any nature whatsoever, financial, technical, social or commercial, to which they may have had access during the execution of the recruitment service.