GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS WWW.YOURTOD.COM
Article 1 ‐ Subject matter and applications
The present Terms and Conditions govern the use of www.yourtod.com and the rights and obligations of users. The platform is operated by TOD, SAS with a capital stock of 17 494 euros, located at 10 rue Chevreul – 92150 Suresnes, registered at the RCS (Trade and Companies Register) in Paris under the number 829775980 – intra-Community VAT identification number: FR74 829775980
The www.yourtod.com platform aims to connect the professional aspirations of individuals referred to as talents with the needs of companies referred to as clients by considering not just skills and experience but also human values. By signing up on the platform, the user, whether talent or client, consents without reservation to the present Terms and Conditions. The recruitment and assistance services offered by TOD, whether they are agreed upon through the platform or through other means, are subjected to specific terms and conditions: TOD Terms of Sales.
Article 2 ‐ Signing up as a Talent
A talent is a natural person who wishes to join a professional network designed to match the talent’s professional aspirations with the needs of companies. Signing up can only be done online through the platform and requires talents to go through a personalized process where they are asked to express their professional aspirations sincerely and to describe their career. Registration is only complete once talents have completed the “Spirit of Tod®” test and been approved by TOD.
TOD reserves the right to decline the registration of any individual that does not correspond to the TOD spirit, as described in the Charter (Talent Charter). In any such case, TOD shall not be required to specify the reasons for its decision.
Article 3 ‐ Registration fee and payment method
By signing up on the platform, a talent creates a personal and private talent account where they can access personal information, sign up for events, and receive offers of short term assignments, long term positions through fixed-term or permanent contracts on a full time or part time basis, or any such offer from our clients.
Signing up is now totally free. It allows talents to take “Spirit of TOD ” test and to receive a short summary of their results without fee. Talents can also opt on their talent account to receive the detailed analysis of their full results for a fee. This detailed analysis is delivered in audio format and costs €250 with tax. This fee is reduced to €90 euros for people under 25 years of age, in order to facilitate their transition to the job market. This reduced fee shall be granted upon presentation of official ID and after it has been concerned that the beneficiary is either a student or entering the job market for the first time, internships or work-study contracts notwithstanding. In the event a talent was granted an unwarranted reduced fee, he or she shall also be liable for a supplemental fee of €160 including tax and shall face any legal proceedings necessary for cost recovery. Payment is made online on the platform through credit card and in a single installment.
If a talent has ordered the detailed analysis of their full result and is denied registration, they will have two options: they can either maintain the order to receive a better understanding of their qualities and areas of development, or their can cancel the order if they do not want the full results of their test and ask for the full refund of the €250 fee if they are over 25 years old and €90 fee if they are under 25.
Article 4 ‐ Possibility for a talent to take the Spirit of Tod® test without signing up
A talent may also wish to take just the Spirit of Tod® test without signing up on the platform and going through the registration steps.
In this case, TOD allows any such user to take the test for a personal fee of €390 (three hundred and ninety euros) that must be paid in a single installment. In this case, the test is not refundable in any capacity, no matter the results.
Article 5 ‐ Signing up on the platform as a company
Companies or organizations looking for talents to hire can sign up on the platform to create a personal and private account where they can explain to us their human resources needs, their context, and their goals and challenges. To each and every situation, TOD will introduce to the company or organization the right talent at the right moment, for the most appropriate time period and schedule. TOD will select the talents whose professional aspirations best match the offers in order to guarantee the highest level of commitment, which is a source of both personal fulfillment for the talent and of performance for the company.
Signing up also allows clients to be invited to various events and meetings of the TOD Community.
Signing up is free for clients. All the services provided by TOD to its clients, whether it is introducing talents to clients, assisting clients during the recruitment process, any other assistance or support services or the Spirit of TOD® test will be billed in accordance with the following conditions:
Article 6 ‐ Cost of online services and payment method
When a client is looking for a talent for a specific context, TOD may present to the client between one and three profiles of anonymous talents that best fit its needs, depending on their availabilities.
If the client is interested in one or more of the aforementioned talents, it shall: – pay a fixed and non-refundable fee of €2000 (two thousand euros) excluding tax to receive their personal details if it is looking for a talent to fill a position on a permanent contract or fixed-term contract basis. – not pay any fee to receive their personal details for a short term and specific assignment. In any such case, the client shall under no circumstance recruit such talents directly or indirectly or hire their services in any capacity within 18 months of its first contact with the talents, unless through TOD.
Upon completing the payment and accepting the Terms and Conditions of the use of TOD services, the client shall have access to the personal details of the selected talents in full transparency and shall be able to contact them through the platform to confirm their adequacy to its needs.
If the client wishes to formalize a relationship with any of the selected client, either on the basis of an employment contract or of a contract for use of professional services, the client shall inform both the talent and TOD of its intention through the platforms.
The aforementioned contracts shall be then established and allow the billing of the services provided by TOD in accordance with the Terms and Conditions and on the basis of the detailed information of the contract. The amount billed by TOD, in accordance with the Terms and Conditions, shall be payed in a single installment upon signature of the employment contract or , in the case of any other service, in monthly installments in view of the services provided each month.
Additionally, TOD allows its clients to take the Spirit of TOD test on the platform and also to order tests for their employees for the following fees: – between 1 and 10 tests: €390 (three hundred and ninety euros) excluding tax per test – between 11 and 25 tests: €350 (three hundred and fifty euros) excluding tax per test – more than 25 tests: a personalized quote shall be established.
Article 7 ‐ Payment Method
With TOD you can opt between several payment methods:
Payment can be made on either one of the secure bank servers of our partner (MERCANET – BNP Paribas). This ensures that none of your banking information goes through the yourtod.com website.
Credit card payment is thus completely secure. Your test shall be made available once our bank has processed your payment.
Article 8 ‐ Talents and companies assessment and recommendation system
Upon completion of a work assignment by a TOD Talent for a client company or at the end of the trial period in the case of a recruitment through an employment contract, both the client and the talent shall be asked respectively to provide anonymous assessments that shall be aggregated into “grades” ranging from one to five stars. The client can also opt to give a professional recommendation to the talent regarding their performance that will be featured on their personal account and can be shared with other clients looking to hire or work with the talent.
Article 9 ‐ Code of Conduct
The client company shall under no circumstance recruit on the basis of a permanent or fixed term employment contact any talent that has been introduced to it through the platform or hire any such talent’s services through a service contract or a professional agreement without informing TOD and within two years of the last day of service provided by TOD in the event of a service contract signed between TOD and the client or since the introduction of the talent to the client by TOD in the event of an employment contract between the client and the talent. In any such case, TOD shall charge its client for an amount equivalent to at least 20% of the talent’s annual compensation before tax (see Terms and Conditions).
In case of a breach of this clause, the client shall pay a fixed compensation equal to 6 months of the remuneration payed to the talent in question to TOD .
TOD is committed to preserving the confidentiality of any information or data it or its talent shall have access to provide its services. All the necessary security measures shall be taken to this effect.
Any personal information relating to the clients or the talents are being stored in their respective accounts and shall never be publicly disclosed on the website, in full or in part. Any personal information concerning a talent or any element and shall be disclosed to a client only to answer an existing need of such client and only after the talent has given their explicit consent to apply for the assignment or the position in question. The talent shall give their consent through their personal account. Regarding information stored on client accounts, only the necessary and relevant information relating to the assignment or position that needs to be filled shall be disclosed to the talents that have been pre-selected for this assignment or mission.
Article 11 ‐ Complaints
Any complaint regarding the use of the website can directly sent to TOD with its clear and precise motives.
Article 12 ‐ Data Protection and Freedom of Information Law
In accordance with the French Data Protection and Freedom of Information Law (Loi Informatique et Liberté) no. 78-17 of 6 January 1978, clients and talents have the right to access, modify, rectify or delete any personal data concerning them and can exercise this right by contacting TOD. To exercise this right, please write to: TOD/Data protection, 10 rue Chevreul – 92150 Suresnes, FRANCE Unless stated otherwise, it is agreed upon that TOD can mention the company client as a business reference, as long as this mention is limited to the name of the client company and to its logotype.
Article 13 ‐ Cookies
The website you are browsing uses trackers (cookies). The website might thus have access to information already stored in your terminal equipment for electronical communications and to add to those information. The website only uses so-called “strictly necessary” trackers, that do not require your prior consent. We use these trackers in order to facilitate your use of the website, including by saving your browsing preferences during your session, and to provide you with the services you expressly require, such as directly signing in to your account, remembering your setting and producing anonymous visit statistics in order to optimize your experience of the website. The time period for cookie storage is determined by the duration of your use of the website and of its services, such as talent or client accounts.
After one year of inactivity, accounts and their related cookies are deleted.
These trackers cannot be technically disabled from the website directly. However, you can prevent the use of any such trackers exclusively through the settings of your browsers. How you can change your settings depend your browser of choice but is generally simple: usually, you can either set your browser in private mode or simply forbid or restrict the use of trackers (cookies). It is possible that trackers have been stored on your terminal before you changed the settings of your browser; in this case, be careful to delete your browsing history, also through the settings or your browser.
The use of trackers is governed by article 32 II of the Law no. 78-17 of 6 January 1978, implementing article 5.3 of Directive 2002/58/CE of the European Parliament and Council of 12 July 2002, as amended by Directive 2009/136/CE.
To read more about cookies and trackers, please go to the CNIL website: www.cnil.fr.
Article 14 ‐ Pledge
By signing up on the websites, talents pledge to abide by the TOD Talent Charter. Talents also shall answer within 48 hours to any request regarding their abilities or expression of interest on the platform regarding potential professional opportunities.
Clients, on their part, pledge to abide by the values and the spirit of TOD, to welcome TOD talents in a way that best helps them integrate their team and to provide the talents with any means necessary to best carry out their assigned tasks.
Both talents and clients pledge to provide sincerely and transparently all the information necessary to maintain a functional system and relating to both the description of the specific goals, challenges and context clients face and the description by talents of their profiles.
Article 15 ‐ Liabilities
The user of the platform, whether a client or a talent, shall be the only liable person for the direct or indirect prejudice they might suffer due to false, partial, misleading information they have provided when signing up or have not updated.
The user shall be the only liable person for all the content they have added to their personal and private account.
TOD is taking all the appropriate and necessary measure to ensure the platform operates properly and to enable clients to have access to a selection of available talents that best fit every need they share with us.
Article 16 ‐ Modification of the Terms and Conditions
TOD reserves the right to modify the present Terms and Conditions in part or in full. TOD shall inform users of the website of modifications to the Terms and conditions as soon as the latter are made accessible online on the website. In the event a user does not consent to the updated Terms and Conditions, they shall inform TOD of their opposition by email within 72 hours of being notified of the modifications to the Terms and Conditions. In the event the user has not notified their opposition to the updated Terms and Conditions within the aforementioned time frame, the user shall be deemed to have accepted the modifications.
Article 17 ‐ Competent jurisdiction
Any dispute relating to the interpretation and the execution of the present Terms and Conditions is subject to French Law, excluding any other legislation. In the absence of friendly resolution, the dispute shall be referred to the Commercial Court (Tribunal de commerce) of Paris.
Article 18 ‐ Contact TOD
If you have any remark and complaint relating to the www.yourtod.com platform, or any question regarding its use, you can contact TOD directly through the platform by clicking on one of the “Contact Us” buttons on the platform or by email at firstname.lastname@example.org