Terms & Conditions 2018-05-10T09:35:45+00:00

Terms & Conditions

Last update done on 05/10/2018,

It is important to read and understand our terms and conditions.

By accessing or using our services, you signify that you have read, understood, and agreed to be bound by this agreement. If you do not wish to be bound by this agreement, please do not use our website and/or try to benefit from our services.

Definitions

“THE H FACTOR”, “us”, “we” shall mean THE H FACTOR, a brand of Planet Expat S.A.R.L., a corporation registered in France.

“Hiring Company” shall mean all and any legal entity entering into a service agreement with THE H FACTOR in order to find Candidates for an open Internship or Job position.

“Candidate” shall mean any and all individual(s) introduced by THE H FACTOR to the Hiring Company.

“Selected Candidate” shall mean any and all Candidate(s) selected by the Hiring Company for an Internship or Job position.

“Agreement” shall mean the contractually binding agreement made between THE H FACTOR and a Hiring Company after accepting the terms and conditions defined in this document.

“Headhunting Services” shall mean all activities performed by THE H FACTOR to actively conduct a targeted search for individuals who meet specific job requirements.

“Recruiting Fee” shall mean the amount of money charged to the Hiring Company upon a successful recruitment when using our Headhunting Services.

“Work Abroad Program” shall mean the placement services provided by Planet Expat to the Candidate. The Candidate coming from the Work Abroad Program will pay the Program Fee to Planet Expat and there is no Recruiting Fee for the Hiring Company.

 “Program Fee” shall mean the amount of money charged to a Work Abroad Program Candidate after formally accepting an offer from a Hiring Company.

“Internship” shall mean an opportunity for a candidate to combine their undergraduate/postgraduate education with a career-related experience by participating in planned, supervised work. An Internship shall not last more than 12 months.

“Job” shall mean an opportunity for a candidate to integrate a Hiring Company as an employee with a permanent or fixed-term contract, based on the specific conditions of an agreement negotiated between the Candidate and the Hiring Company.

“Written Form” shall mean the medium of communication constituted by paper mail and email sent to and/or by THE H FACTOR.

“Website” shall mean THE H FACTOR website: www.thehfactor.com

 “User” shall mean any and all individual(s) accessing and/or using the Website.

In consideration of the principles and mutual promises contained in this Agreement, both Parties agree to the following:

Eligibility

  1. By using our recruiting services, you certify that you have read and expressly agreed to these terms and conditions, along with the Website content.
  2. THE H FACTOR may, at any time, modify the present terms and conditions which will be enforceable upon publication on the Website.
  3. The Hiring Company have to keep abreast of new provisions. Each new usage of services constitutes the acceptance of the last terms in force.
  4. The representative of the Hiring Company certifies that he/she has the power to contract someone on behalf of that legal entity.
  5. If you violate any term of this Agreement, or violate any other agreement with THE H FACTOR, we may prohibit you from using or accessing our Service in the future.

Responsibilities of THE H FACTOR

  1. THE H FACTOR shall provide the following service(s) to the Hiring Company:
    1. Formalize Internship/Job offer(s) based on the needs of the Hiring Company communicated to THE H FACTOR;
    2. Reach out to a wide range of potential qualified Candidates;
    3. Conduct the Candidate pre-selection process;
  1. This Agreement shall constitute a best efforts agreement, as THE H FACTOR cannot guarantee that the hiring process will lead to a successful placement for the open position, whether it is an Internship or a Job.

Guarantee

  1. If the Hiring Company or the Candidate terminates the work contract within the first month for any non-economic reason, THE H FACTOR will implement the necessary means to find a replacement without an additional fee for the Hiring Company.
  2. The implementation of the guarantee is conditioned by the payment of the initial Recruiting Fee by the Hiring Company within 30 days of receiving the invoice, as well as a written notification within 7 days of terminating the contract with the Candidate.
  3. The Guarantee accounts for only one replacement made for the same position, within the same workplace and with the same monetary conditions as the initial recruitment.
  4. The departure of the Candidate within this period does not exempt the Hiring Company from paying the original Recruiting Fee.
  5. Shall the Hiring Company choose not to activate the Guarantee and replace the initial Candidate, the Recruiting Fee would still be due.

Responsibilities of the Hiring Company

  1. In the scenario where a Recruiting Fee applies, payment is due within 30 calendar days of receiving the invoice (via email). The invoice is issued after the Candidate formally accepts the Offer extended by the Hiring Company.
  2. Invoices not paid within terms are subject to a penalty based on reference rates defined by the EU law.
  3. The Hiring Company must immediately inform THE H FACTOR if they recruit a Candidate selected and presented by THE H FACTOR. The corresponding Recruiting Fee will then be due.
  4. If the Candidate undergoing Planet Expat’s Work Abroad Program does not pay the full Program Fee owed to Planet Expat before the beginning of the placement, AND the Hiring Company decides to start the Internship/Job anyway, the Hiring Company becomes liable for the balance of the unpaid Program Fee to Planet Expat.
  5. Planet Expat reserves the right to reach a special arrangement with the Selected Candidate and the Hiring Company regarding the payment of the Planet Expat Program Fee.
  6. In the scenario of an Internship, the Hiring Company will inform THE H FACTOR of any full-time position offered after the completion of the Internship and allow THE H FACTOR to use this information for statistics and marketing purposes.
  7. This Agreement does not constitute an exclusivity agreement between the Hiring Company and THE H FACTOR. This means that the Hiring Company engaged with THE H FACTOR is free to actively look for other candidates.
  8. In the scenario of an Internship, the Hiring Company agrees to fulfill any and all administrative formalities related to the Selected Candidate’s educational institution.

Termination

  1. In all situations, the termination of the contract between the Selected Candidate and the Hiring Company must be communicated to THE H FACTOR in Written Form.
  2. THE H FACTOR is free to terminate the Agreement with the Candidate or the Hiring Company at any chosen time and for any chosen reason. This termination will be communicated in Written Form.

Confidentiality

  1. THE H FACTOR and the Hiring Company must treat all information exchanged during the entire recruitment process as strictly confidential.
  2. Each party must not divulge this information to a third party without previous authorization from the other party and ensure protection of the information exchanged between them.

THE H FACTOR’s limitation of liability

  1. THE H FACTOR will not be responsible or liable for any losses or damages to the Hiring Company or any third party caused by the Candidate(s) or Selected Candidate(s) before, during or after the Internship or Job.
  2. THE H FACTOR will not be responsible or liable for any losses or damages to the Candidate (or any third party) caused by the Hiring Company or any third party before, during or after the Internship or Job.
  3. THE H FACTOR will not be responsible or liable for any unlawful behavior of the Selected Candidate or the Hiring Company before, during or after the completion of the Internship or Job.
  4. THE H FACTOR, its affiliate agencies, suppliers, and members of staff will not be responsible or liable for any case of injury, accident, claim, theft, damage, sickness, expense, cancellation or loss in relation to our Services.
  5. THE H FACTOR will not be responsible for providing any form of insurance (including but not limited to personal, travel, health, medical, accidental) to the Hiring Company, the Candidate(s) or the Selected Candidate(s).

THE H FACTOR’s website and communication/marketing material

  1. THE H FACTOR intends to keep its website and communication/marketing material up-to-date and reliable to the best of its ability and in good faith. However, THE H FACTOR cannot be held liable for any inaccuracy or misinformation or ambiguity present on its website or any communication/marketing material.
  2. The Recruiting Fee is subject to change without notice before Agreement between the Hiring Company and THE H FACTOR. THE H FACTOR will not revise the Recruiting Fee during the course of an existing Agreement.

Complying with the local rules and laws

  1. The Hiring Company will abide by the local rules and laws (including but not limited to: employment laws, civil laws, corporate laws, tax laws, etc.).

Other terms

  1. This present Agreement constitutes the whole Agreement between THE H FACTOR and the Hiring Company and supersedes any and all previous agreements between THE H FACTOR and the Hiring Company for its subject matter.
  2. The Agreement prevails over any other information provided by a THE H FACTOR employee.
  3. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Agreement is not subject to the consent of any person that is not a party within the Agreement.
  4. If any provision of the Agreement (or part of any provision) is found by any court or other authority of enforceable jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement. However, the validity and enforceability of the other provisions of the Agreement shall not be affected.
  5. If any provision of the Agreement (or part of any provision) is found by any court or other authority of enforceable jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, apply with the minimum modification necessary to make it legal, valid and enforceable or the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.

Governing Law Clause

  1. Every conflict which will not be resolved amicably will be subjected to the relevant courts indicated according to the French « Code de Procédure Civile ».
  2. By express Agreement between the parties, these Terms and Conditions are governed by the French law.

Website hosting service

  1. The website hosting service is provided by DigitalOcean, located in 101 Avenue of the Americas 10th Floor in New York, NY 10013.

Contact for any complaint

  1. Please contact us at contact@thehfactor.com if you have any complaints.