GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale apply to all services provided by AIRPORT ENGINEER as recruitment services, in particular, those relating to the complete recruitment process, direct approach and headhunting services, evaluation, decision support, selection of candidates or organization of recruitment or sourcing sessions, as well as the publication of job offers on its Internet site www.airport-engineer.com in accordance with the General Conditions of Use of the site.
The "Service Provider" refers to the service provider company identified under the name AIRPORT ENGINEER SAS , registered in the LYON Trade and Companies Register under the number 844 081 158.
The "Customer" is the company having signed a service contract with AIRPORT ENGINEER.
These General Sales Conditions for recruitment services apply to the missions concluded between the "Service Provider" and the "Customer".
Article 1 - Purpose
The purpose of the Agreement is to define the terms and conditions under which the Service Provider will provide the Client with a recruitment service, which consists of matching the Client's stated recruitment needs and/or job offers to be published as defined in the service agreement or purchase order with the profiles identified by the Service Provider without the Service Provider becoming a party to the employment relationship that may result from it.
Any recruitment services performed by the Service Provider for the Client shall be governed exclusively by the Agreement, which constitutes the entire agreement of the parties and may only be modified by a written agreement signed by the Service Provider and the Client.
For any signed order for recruitment services received by the Service Provider, the Client declares to have been informed of and to adhere without exception to these General Terms and Conditions of Sale. These Terms and Conditions are public, distributed and accessible by the Client, and constitute the default service contract.
Article 2 - Conditions of the recruitment service
The Service Provider undertakes, within the framework of an obligation of means, after having determined the need or having been specified the profile of the candidate, to seek, evaluate and select the candidate(s) corresponding to the required skills, and to present them to the Client.
It is up to the Client to judge the adequacy of the candidate with its job offer.
Consequently, the Client is solely responsible for hiring the candidate presented by the Service Provider.
Article 3 - Orders
Article 3.1 - Validation: Orders for recruitment services are only executed after the written validation of a quote, a purchase order or the signature of a service contract between the Service Provider and the Customer. Validation can be done by an acknowledgement of receipt from the Client by mail or e-mail.
Article 3.2 - Modifications : Any changes to the order requested by the Customer will be taken into account, within the limits of the Provider's possibilities, only after the Customer has signed a new purchase order, quotation, or specific service contract and any price adjustment.
Article 3.3 - Cancellation : In case of cancellation of the order previously validated by the Customer, for any reason whatsoever, a lump sum of 8 000 € HT will be acquired to the Provider, as damages, in compensation for the loss thus suffered.
Article 4 - Terms and conditions of payment
The prices are in Euros and calculated without tax. They are therefore increased by the VAT rate in force on the day of the order.
Artcile 4.1 - General terms of payment: The terms of payment for recruitment services are defined as follows:
- 100% of the basic fee and the amount of the job posting on the website wwww.airport-engineer are payable at the time of order
- 50% of the recruitment fee (percentage of the candidate's gross annual salary) is payable when the candidate joins the company
- The balance of the recruitment service, i.e. 50%, must be paid on the candidate's final hiring date, i.e. at the end of the trial period.
In the event that a candidate or the company terminates the pre-trial period, only the base fee and 50% of the recruitment service based on the candidate's gross annual remuneration shall constitute the Provider's remuneration.
In the event that no candidate is selected at the end of the exclusivity period, only the base fee shall constitute the Provider's compensation.
Article 4.2 - Payment deadlines and late payment penalties : The fees and sums due by the Client are payable in cash by bank transfer and without discount.
In the event of late payment and payment of the sums due by the Customer beyond the time limit set out above, or after the payment date shown on the invoice sent to the Customer, late payment penalties will be due.
These penalties are materialized by a monthly rate equal to the legal interest rate of the day of the reminder.
The late payment penalties shall automatically and by operation of law become the property of the Provider, without any formality or prior notice, and shall result in the immediate payment of all sums owed to the Provider by the Customer, without prejudice to any other action that the Provider may be entitled to take against the Customer in this respect.
Article 5 - Methods of providing services
Article 5.1 - The Service Provider is granted full exclusivity for the recruitment service as defined in the recruitment service contract for a period of 6 months.
Article 5.2 - The service shall be deemed to have been performed and completed upon the hiring of an employee for the position detailed in the job profile established by the Client, regardless of the origin of the contact between the candidate and the Client, or upon the expiration of the exclusivity period.
Article 5.3 - The Client also undertakes to forward all applications received for this position, whether they are unsolicited applications, co-optations or internal applications, as soon as they are received.
Article 5.4 - The Service Provider shall not be liable for any delay or suspension of the supply of the service attributable to the Customer, or in case of force majeure. For this purpose, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article 6 - Loyalty and Terms of Employment
The Client shall not hire any candidate presented to it by the Service Provider and not acted upon.
This prohibition applies to all types of positions for a period of one (1) year from the date of presentation, which may be made physically or simply by sending a resume or a return interview.
When hiring an employee for the position sought, the Client undertakes to inform the Service Provider by e-mail or post as soon as possible to put an end to the search and confirm its decision.
Article 7 - Language of the contract - Applicable law
All disputes that may arise regarding the execution, interpretation, termination of the contract, their consequences and their consequences, will be subject to the jurisdiction of the Commercial Court of Lyon (69).
By express agreement between the parties, the present General Terms and Conditions of Sale and the purchase and sale operations resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 8 - Validity of the GTC
The present General Terms and Conditions of Sale are expressly agreed and accepted by the Customer who declares and acknowledges that he has a perfect knowledge of them when signing the contract. The Customer hereby waives the right to invoke any contradictory document, in particular, the Customer's own general terms and conditions of purchase, which shall be unenforceable against the Service Provider, even if the Customer is aware of them.