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General Terms of Sale, Executive Search Firm

I. Overview

Smile Talent is an executive search firm specialised in recruiting sales and leadership profiles in the Tech world. We support client companies in identifying and attracting specific talent, carrying out the entire search and selection process. Our services follow a tailored, collaborative and performance-driven approach.

II. General provisions

These General Terms of Sale (GTS) govern the relationship between Smile Talent (the "Provider") and its clients (the "Client"). Any order implies full acceptance of these GTS. Any condition contrary to this document is valid only if prior written acceptance by Smile Talent has been given.

III. Nature of services

Smile Talent offers the following services: middle management recruitment, top management recruitment, executive search. Our role is to search for, identify and present qualified candidates matching the Client's needs.

IV. Quotation and order

Every mission is formalised by a quotation accepted by the Client. Signing the quotation with the words "approved" entails full acceptance of these GTS. The service may be adapted during its performance, possibly requiring additional quotations.

V. Obligations of the parties

Provider's obligations: Identify and present qualified candidates according to the Client's specifications. Provide professional support throughout the process. Guarantee the confidentiality of information received.

Client's obligations: Provide all information needed to carry out the mission (full specifications, compensation, profile sought). Forward any application received directly to Smile Talent to avoid duplicates. Justify any refusal of a candidate on non-discriminatory grounds.

Previously known candidates: If a presented candidate applied to the Client more than 6 months earlier, the service is invoiced in full.

Exclusivity: The Client undertakes not to solicit or contact the same candidates through other channels for 6 weeks from the date each candidate is presented by Smile Talent. If a presented candidate is still in the recruitment process beyond this period, exclusivity remains in force until the end of their process with the Client. Any breach of this exclusivity may give rise to compensation equal to the fees due for the role concerned.

VI. Provider's personnel

The Provider remains solely responsible for the members of its team assigned to the mission. Staff remain under the administrative and hierarchical authority of the Provider and are not comparable to the Client's employees.

VII. Price and payment terms

Terms: Deposit at first shortlist: a deposit is invoiced when the first list of qualified candidates is sent (amount in euros or percentage of total fees by agreement). Balance on signature of the job offer: the remaining fees are payable upon signature of the candidate's job offer.

Fees: 22% of the annual OTE package (base + variable), whatever the level of the role. Exclusive mandate. No upfront fees. 10-20% deposit at shortlist, balance on signature. 3-month replacement guarantee included.

Late payment: Unpaid invoices at maturity: late-payment interest = 5x the legal rate + a flat indemnity of €100. After a formal notice remaining without effect for 15 days: penalties at 3x the legal rate + a collection indemnity of €475.

VIII. Guarantee

If the trial period ends or the hire is dismissed for professional incompetence within 3 months of hiring, Smile Talent restarts the search free of charge for a new candidate, once only. Smile Talent's liability is limited to the total fees received.

IX. Force majeure

Smile Talent is not liable for force majeure events (illness, accident, natural disasters, fire, telecom or energy outages, etc.).

X. Intellectual property

Smile Talent's methodologies, documents and materials remain its intellectual property. The Client benefits from a strictly personal right of use for the needs of the mission.

XI. Liability

Smile Talent's liability may only be engaged in case of proven fault and is limited to direct damages. No indirect loss (loss of customers, loss of data) may be charged to the Provider.

XII. Confidentiality and personal data

The Client consents to the processing of its personal data for the performance of the mission. Data is kept for 3 years and secured. The Client may exercise its rights of access, rectification and deletion by contacting gerald@smiletalent.tech.

XIII. Non-assignment

Neither the Client nor Smile Talent may assign the contract or subcontract without prior written agreement.

XIV. Non-solicitation

For 12 months after the mission, neither party may offer employment to the other party's staff. In case of breach, the indemnity equals gross salary for the previous 6 months.

XV. Disputes

These GTS are governed by French law. An amicable settlement must be attempted before any legal action. Failing that, the courts of Paris have exclusive jurisdiction.

XVI. Termination

If the Client fails to meet its obligations after 8 days of formal notice: automatic termination and immediate payment of all sums due. If no candidate is hired within 6 months, Smile Talent may terminate the contract unilaterally.

XVII. Partial validity and non-waiver

If a clause is invalid, the others remain in force. Not relying on a breach does not imply future waiver.

Data protection policy

Smile Talent SAS, 25 rue du Rendez-vous, 75012 Paris. Data controller: Gérald Chiche · gerald@smiletalent.tech.

Data collected

• Identification and contact details (last name, first name, email, phone)
• Training and employment data (CV, education level, employer)
• Data related to job opportunities (mobility, availability, compensation)

We never collect data on racial origin, political opinions, religion, trade union membership, genetic data or sexual orientation.

Your rights (GDPR)

You have rights of access, rectification, erasure, restriction, objection and portability. To exercise them: Smile Talent, 25 rue du Rendez-vous, 75012 Paris or gerald@smiletalent.tech.

You may also lodge a complaint with the CNIL.

Retention

Data kept for 3 years from the last activity.

Updates

This document is available at smiletalent.tech. Any significant change will be notified to you by email.