These T&Cs are between the BeThe1 legal entity (“BeThe1”) stated on the purchase order ("PO") or on the invoice and the Client hereinafter known as the “Employer” requesting BeThe1 to provide recruitment services ("Search"), defined in Art.2. These T&Cs apply to all business between the Parties. The site www.BeThe1.com (“the Site"), which Conditions of Use are available below, is owned and operated by BeThe1 SA in Paris (France) and registered with the “Commission Nationale de l'Informatique et des Libertés“ www.CNIL.com.
Consulting, sourcing, screening and assessment of qualified candidates ; Posting of job offer(s) directly by Employer or via BeThe1 Consultant together with the Employer on the Site of BeThe1 ; Advertising : If required, BeThe1 will place details of the Employer’s assignment on BeThe1’s webpage or other selected job boards. Web advertisement of such kind is free of charge. If the employer would like to use a display advertisement, this will be invoiced to the Employer at cost. Reference checking: BeThe1 can conduct reference checks and verifications of candidates upon the Employer’s request. In any case, it is the Employer’s sole responsibility to undertake an independent appraisal of the candidate and satisfy itself as to the suitability of the candidate prior engaging the candidate.
The contract shall be formed either when the Employer signs the PO or confirms the Search Order online on the Site. By placing a Search Order to BeThe1, the Employer acknowledges its complete understanding of these T&Cs and unconditionally accepts them. These T&Cs shall supersede any terms of purchase of the Employer or previous agreement signed between BeThe1 and the Employer. The Employer accepts the contract and undertakes to pay according to art.5 of these T&Cs.
The fees of the services selected by the Employer shall be those in effect at the time the PO is signed, regardless of compensation package eventually agreed with the candidate. A 1st invoice will be issued at the signature of the PO. A 2nd invoice will be issued for the “success fee” which is due when an agreement, verbal or written, whatever the form or the arrangement, is made between the employer and the candidate.
Candidate ownership: When the Employer offers employment to a candidate on their behalf or on behalf of an affiliated company or any other party, within 12 months from the date of the candidate CV disclosure by BeThe1, the Employer must inform BeThe1. BeThe1 will then charge the success fee to the Employer accordingly.
Insurance Period: Should the candidate leave the Employer for any reason other than termination decided by the Employer and excluding all instances with significant change in the content of the job, or in the compensation package of the job, or in the organization of the department or linked departments, and in general all significant changes in the job and its immediate environment and during the 3 month period from the date the candidate commences employment with the Employer, and provided that full payment for the service has been received, BeThe1 will search only once for a new candidate for a position of similar scope, duties, requirements and level without any additional cost for the Employer, provided the employer’s request for replacement is made in writing within one week of notification of the termination or resignation of the candidate.
BeThe1 shall invoice the Employer for the relevant cost of its services when the PO is received. The invoice shall be paid within 20 days from the date of invoice. Failure to pay an invoice when due shall automatically suspend the performance of the contract and shall entitle BeThe1 to remove the related Search from the Site. Late payment charge will be incurred on invoices paid after due dates and is at 2% per month on due amount from due date until payment is received. All banking charges or fees related to the client payment ( bank transfer, unpaid check, etc.) will be borne by the Employer.
BeThe1 shall not be bound by or responsible for any computer or technical incompatibility. BeThe1 reserves the right, at any time and without having to pay compensation of any type, to refuse Search Orders or to remove them from the Site if the Employer fails to perform or ceases to comply with any of its obligations or violates public policy rules and in particular those regarding computer-related offenses, laws protecting individual rights and privacy and the computer processing of personal information. In such a case, the Employer must still pay the full cost of all Orders already fulfilled or in the process of being performed by BeThe1. BeThe1, in its capacity as a service provider, undertakes to make the Order available on the Site for public viewing or querying for a maximum period of sixty (60) days as of the date the Order is first posted on the Site after the execution of the paper contract or online confirmation, provided the Employer has not specified a shorter time in writing. The Employer may cancel its Order(s) at any time.
Service ending: the BeThe1 service will come to an end when the position is filled (by a BeThe1 candidate or an external candidate or by internal mobility) or in case of change in policy of the Employer regarding the position to be filled (stop the recruitment altogether, significant change in the position or in the search directions, hiring freeze, headcount freeze, changes in its business strategy, no longer needs to recruit the position, refuse all BeThe1 candidates, important delay in the recruitment process, etc.) or if after 60 days of thorough search by BeThe1, the employer hasn’t hired any of the candidates introduced by BeThe1 and who meet the key requirements agreed with the Employer prior to commencing the assignment.
Service cancellation: The Employer has the right to cancel the mission at any time, the 1st invoice remains to be paid but no “success fee” shall be invoiced.
The Employer undertakes to use and process personal and any information related to résumé retrieved from BeThe1’s or related to résumé it may directly receive in response to the posting of its Order on the Site, solely for the purpose of recruitment. The Employer undertakes to ensure that the content of its Orders does not violate any right, rule or law in effect at the time of PO signature and in the country (ies) where the PO is signed and executed and does not contain any accusation, allegation or insinuation that is untrue, comparative, discriminatory, slanderous or otherwise prejudicial to a third party. The Employer must comply with the various laws regarding employer obligations, the use of computer files and individual rights and privacy. The Employer undertakes to inform BeThe1, as soon as possible and in writing, when an Order has been filled so that BeThe1 may remove this Order accordingly. Unless otherwise agreed in writing by BeThe1, the Employer undertakes that the Orders published on the Site shall contain no links to other Sites, including the Employer's. The Employer shall not use BeThe1 to recruit for a position with the intent to sweep the market (benchmarking) or make a comparison to a current potential employee. The Employer shall be responsible for arranging all medical examinations and also for obtaining any employment and other permits; if hiring cannot be made because of those reasons, BeThe1 invoice remains 100% due. When the Employer’s company name is explicitly disclosed, the Employer commits to forward any application that he may receive directly to BeThe1 throughout the search process.
Due to the constantly evolving nature of the Internet's technological capabilities and limitations, BeThe1 hereby calls the following considerations to the Employer's attention: BeThe1 performs no systematic and exhaustive verification of the nature or characteristics of the data that may be carried by the Site's central server. The current nature and characteristics of the Internet (particularly the lack of systematic and absolutely reliable protection against unauthorized access) and technical problems do not make it possible to guarantee the secure viewing, querying or transfer of data or the secrecy of correspondence. The Employer alone shall be responsible for ensuring that the data viewed or queried on the Site, retrieved there from or transfered via Internet is used in compliance with the intended purpose of its Search Order. The Employer shall take all necessary steps to protect its own data, software and computers from contamination by viruses that may circulate over Internet. BeThe1 shall not be liable for any damage or loss the Employer may suffer due to any problems related to the Site or its use.
BeThe1 shall not be held liable for the following: A-Whilst BeThe1 endeavors to source and select candidates who are suitable for the Employer, it is recognized that the Employer has full responsibility for the final selection, recruitment and on-going supervision of any member of its staff. BeThe1, therefore cannot be held liable for any loss or damages, or other costs irrespective of how caused, which the Employer may suffer or for which the Employer may become liable, arising out of or in connection with, the introduction of the candidate to the Employer. B-The unavailability of the network or problems connecting to the network or in sending data viewed on the Site. C-The information posted on the Site by the Employer, the processing of résumé by the Employer or any use of the Site that does not comply with these T&Cs or with any codes or passwords that BeThe1 may provide the Employer. D-The Employer shall alone be liable for the use of its e-mail system when connected to the Site and for the information contained in this system and their use of this information. BeThe1 shall use its best efforts when conducting its Searches; however BeThe1 has under no circumstance an absolute obligation of performance or result. If BeThe1 is judged liable for a Search that is incorrectly executed as the result of its sole and direct fault, BeThe1 shall provide no compensation for any business or consequential loss suffered by the Employer and shall only be liable for reimbursing the amount the Employer paid to place said defective Search.
These T&Cs are governed by the laws of the BeThe1 entity country stated on the PO. In case of dispute, the competent court will be the one of the city where is established BeThe1 entity (eg Paris, France ; Hong Kong ; Singapore ; New York, USA). If any provision of these T&C is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, BeThe1’s failure to enforce any term of these T&C shall not be deemed as a waiver of such provision or otherwise affect BeThe1’s ability to enforce such provision at any point in the future.
BeThe1 allows any individual (hereinafter referred to as "the Applicant") to use, free of charge, under its sole responsibility, various recruitment services listed below in the fashion, beauty and selective distribution industries pursuant to the terms and conditions here in.
Applicants acknowledge and agree that they are solely responsible for the form, content and accuracy of their CV or material contained therein placed on the Site.
Free services: The Applicant may directly, confidentially, voluntarily and at no charge post his/her resume on the Site. Access to the database of personal information thus formed by the resumes submitted shall be subject to various computer, electronic and financial restrictions (see our privacy statement section). The Applicant will receive by email all job opportunities where he is among the best qualified applicants. The Applicant may also view the job offers posted on the Site free of charge and, provided that the Applicant posts his/her resume on the Site, respond to these offers free of charge. The Site automatically and free of charge, provides the Applicant with a personal page named MyBeThe1 that lists all of the services the Site provides the Applicant free of charge and where access is provided to his CV (modifications, updates, etc.) and to job offers where Applicant has been either selected by BeThe1 or has applied directly on the Bethe1 website.
However, when an Applicant does not respect the provisions listed in this document or breaches any general legal provision in any country he is acting from, BeThe1 reserves the right to suppress the applicant CV from BeThe1 database without notice and indemnity whatsoever.
The Applicant undertakes to ensure that the content of his/her posting does not violate any right, rule or law in effect and does not contain any accusation, allegation or insinuation that is untrue, comparative, discriminatory, slanderous or otherwise prejudicial to a third party. Unless otherwise agreed in writing by BeThe1, the Applicant undertakes that the information published on the Site shall contain no links to other Sites, including his or hers.
BeThe1 respects the intellectual property of others, and we ask our users to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Site, You agree not to use any the Site to infringe the intellectual property rights of others in any way. BeThe1 reserves the right to terminate the accounts of any users, and block access to the Site of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. BeThe1 reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.
The Applicant will not:
- transmit, post, distribute, store or destroy material, including without limitation the Site Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information;
- take any action that imposes an unreasonable or disproportionately large load on the Site;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of the Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
- post any CV or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or other third party;
- set more than one copy of the same CV to public at any one time;
- post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not your own;
- attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mail bombing" or "crashing";
- promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- use the Site for any unlawful purpose or any illegal activity, or post or submit any content, CV, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at BeThe1 discretion.
Due to the constantly evolving nature of the Internet's technological capabilities and limitations, BeThe1 hereby calls the following considerations to the Applicant's attention:
- BeThe1 performs no systematic and exhaustive verification of the nature or characteristics of the data that may be carried by the Site's central server.
- The Internet's current nature and characteristics (particularly the lack of systematic and absolutely reliable protection against unauthorized access to information) and technical or technological problems do not make it possible to guarantee the secure viewing, querying or transfer of data or the secrecy of correspondence.
- The Applicant alone shall be responsible for ensuring that the data he/she views or queries on the Site, retrieves from the Site or transfers via the Internet is used in compliance with the intended purpose of his/her posting.
- The Applicant shall take all steps necessary to protect his/her own data, software and computers from contamination by viruses that may circulate over the Internet. BeThe1 shall not be liable for any damage or loss the Applicant may suffer due to computer viruses.
- The Applicant shall be entirely responsible for his/her equipment connected to the Site.
BeThe1 shall not be held liable for the following:
- The unavailability of the network or problems connecting to the network or in sending data viewed on the Site.
- The information posted on the Site by the Applicant. The Applicant and the person who represents him/her when the posting is made shall alone be liable for the use of their e-mail system when connected to the Site and for the information contained in this system and their use of this information. The Applicant shall bear sole liability for this.
- BeThe1 and its partners will not be liable for any prejudice whatsoever arising from the usage of the Site, its content whether posted by Applicants or BeThe1, or from the potential impossibility to use the Site.
- Because user authentication on the Internet is difficult, BeThe1 cannot and does not confirm that each Applicant is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that an applicant has a dispute with one or more Site users, BeThe1 (and its agents and employees) will be released from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
BeThe1 has no obligation to find a job to any Applicant.
These Terms are governed by the laws of France. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Tribunal de Commerce de Paris, France.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, BeThe1’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect BeThe1’s ability to enforce such term at any point in the future.
The Web site, www.BeThe1.com (hereinafter, the "Site"), is the property of BeThe1 S.A., which operates it.
18, Avenue de Villiers /
11, Rue de La Terrasse
R.C.S. de Paris : B 432 802 718
S.A. (limited liability company) with capital of EUR 470.754,68
Legal representative: François Bouyer
STD : +33 1 4770 7323
Internet Fr SA
2-12, chemin des Femmes
91886 MASSY Cedex
STD : +33 1 6453 1212
121 rue Chanzy
Email : firstname.lastname@example.org
STD : +33 9 8388 0398
The Site whose address is http://www.BeThe1.com is registered with the National Commission on Information Technology and Protection of Privacy.