PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Welcome to TALENG, a two-sided recruitment platform connecting potential clients with work projects to fulfil (“clients”) to professionals who are qualified and willing to undertake projects in predominantly engineering-related disciplines (“specialists”). These terms tell you the terms under which you may use our website http://www.talengpro.com and the services provided on it (the “site”). They also set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1. INFORMATION ABOUT US
http://www.talengpro.com is a site operated by TALENG Ltd, a private limited company registered in England and Wales under company number 10771831 and with a registered office and main trading address at 13 Caxton Road, London, United Kingdom, SW19 8SJ (”TALENG/we/us/our”). Our VAT number is 274168780.
To contact us, please email email@example.com or call on +44 (0)203 6378271.
2. CHANGES TO THESE TERMS
We may amend these terms from time to time by amending this page. Please check these terms frequently to ensure you understand the terms that apply at that time and to take notice of any changes we make, as they are legally binding on you upon your first use of our site after the changes have been implemented.
3. CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our services, users’ needs and our business priorities. If any of these changes adversely affect you, we will post a prominent notice about them at the top of this page and/or send an email to the email account you provided to us on registration.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Access and membership to our site are made available free of charge. We reserve the right to introduce fees and paid-for membership subscriptions at any time in the future but you will always be notified in advance and these will never apply retrospectively.
Certain parts of our site and services may require the creation of an account in order to access and benefit from them (including the ability to post and bid on projects).
Accounts may be created in the name of individuals, sole traders, or legal entities (including partnerships and companies). You may not create an account if you are under 18 years of age. Anti-money laundering regulations also prevent us from accepting members from the following countries: Syria, Cuba, Iran, North Korea, Sudan and Region of Crimea.
You must not use anyone else’s account without the express permission of the user to whom the account belongs. You must not create an account or provide information on behalf of another person. You agree that if any person uses our site using your account details, they are authorised to act for you unless you have told us otherwise in writing beforehand.
When creating an account, the information you provide must be true, accurate, current and complete. You will be required to provide information about yourself (including for identity verification purposes) and the services that you require, as prompted by our account registration process. As a specialist, you will be required to submit your name, location, education professional details (including industry, number of years of experience and engineering discipline) and you also be required to upload your CV. Our eligibility criteria are broadly based on user’s qualifications and experience with relevant companies and projects. We reserve the right to reject any applications made by specialists in our sole discretion.
You are responsible for all information that you provide to us. We may request such identification documents or other information as we shall determine. If you do not provide such documents or information, or if you submit any information that is false or deliberately misleading, we may suspend or terminate your use of our site and we may suspend or deactivate your account. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org. We will not be liable for any unauthorised use of your account.
If you wish to close your account, you may do so at any time provided you pay any outstanding fees owing on your account. Closing your account will result in the removal of your information and will also remove access to any areas of our site requiring an account for access.
5. PROFILES, PROJECTS AND BIDDING
After account creation and acceptance as a member by us, you will be required to create a professional profile on our site. Your profile may be viewed by other site members, so we advise you not to post any personal information, contact details or other sensitive information on your profile.
Once clients and specialists have created an account and a profile, they may place and bid on work projects. In order to create a project, clients must post details on the site of their project, and estimates of the timeline for completion, their corresponding budget and any other project-specific requirements and expectations.
In order to bid on a project, specialists must upload their CV and submit a proposal statement (akin to a cover letter), the fee or hourly rate they would charge to complete the project and details of their current availability. Companies as well as individuals may bid on projects. Users agree to keep strictly confidential and not disclose to any third parties (including other users) any sensitive information or documents exchanged with them by other users, or of which you become aware in the course of using our site (whether or not such information is marked as or described by the disclosing party as confidential), without their express written consent.
Unpaid work or payment for projects in the form of commission, profit share or payment in kind is strictly forbidden. When posting a project, clients may state whether they would prefer to pay a fixed fee or an hourly rate depending on the time the project takes to complete. If hourly rate projects are established, the client agrees to pay the specialist based on the time actually spent by them to complete the project and not on the time the client considers project completion should have taken. It is the responsibility of the client to mitigate any risk in this respect and communicate frequently with the specialist in order to oversee and regulate time spent.
By bidding on a project, a specialist warrants that it has the necessary expertise to undertake the services necessary to complete the project, will perform them in keeping with the highest professional business standards and by submitting all of the agreed deliverables by any agreed deadline(s) for completion. Clients agree to pay for projects completed in accordance with the specifications and timescales agreed between the parties. Any changes to the project (including in relation to the scope of work, the fee and/or the delivery deadline) must be expressly agreed in writing between the client and the specialist.
Whilst there is no limit on the number of projects clients may post or on which specialists may bid, we reserve the right to terminate the account and site access of any specialist who bids on projects which are not relevant to their expertise (with or without a prior warning).
TALENG plays an active role in the recruitment process and may suggest or promote certain specialists to clients and recommend shortlists of candidates for specific projects. Our software also operates according to an algorithm such that projects may appear and be ordered on our site differently for different specialists, depending on their particular skills, experience and qualifications.
6. PAYMENT AND BILLING
In consideration for the provision of its services, TALENG adds and retains a commission on all fees agreed between clients and specialists in respect of projects carried out via our site, as described in this paragraph (the “Commission”). Commission takes the form of a markup of the total fee agreed per project, such markup being 15% (excluding VAT) for the first £10,000 (ten thousand pounds) billed between a company and a specialist, and 10% (excluding VAT) for amounts billed in excess of £10,000 between that company and that specialist (regardless of the amount of projects carried out between them).
Where a client is an individual, he/she will be required to deposit the full project fee (plus the Commission) upfront to be held in a separate client escrow account by TALENG. Following the client’s confirmation that the work is complete, the specialist may submit an invoice corresponding to the project to TALENG and TALENG will release the fee minus the Commission (as defined below) to the specialist within 30 days of receipt of such invoice. In the event that TALENG in its sole discretion has concerns about a client’s intention or ability to pay, company clients may be required to deposit the project fee upfront as described in this paragraph. The company client will be notified of this requirement by TALENG where this applies.
Where the client is a company, no upfront deposit will be required (subject to the circumstances described in the foregoing paragraph). Following the client’s confirmation that the work is complete, the specialist may submit an invoice corresponding to the project to TALENG which TALENG will promptly forward to the client. The client must pay such invoice plus the Commission within 30 days from the invoice date. Upon receipt of payment by the client (or within  business days therefrom), TALENG will pay the specialist the project fee.
We pass on to users any currency conversion rates and/or payment processing fees charged by any banks or third party payment providers or facilitators for deposits, transfers and withdrawals. You will be shown these rates and fees before you are given the opportunity to authorise the relevant transaction.
You will not receive any interest on funds held in an escrow account with us. Funds held in escrow accounts are not insured and we do not act as a trustee with respect to such funds. Any refunds will only be made to the source of the original payment and cannot be redirected elsewhere.
Specialists must not submit invoices until the client has confirmed that the work is complete to their reasonable satisfaction. If a client does not provide such confirmation within [7 days] of receipt of the work from the specialist, the specialist is entitled to deem the work to be accepted and submit a corresponding invoice, which TALENG shall process as if such work had been accepted. Clients acknowledge and agree that any money released from escrow is non-refundable.
Users agree that we have the right to withhold, reverse and forfeit payments via the site if fraudulent or money laundering activities are discovered or suspected in relation to their account.
If a client fails to pay an undisputed invoice for which funds are not held in escrow, the client’s payment method may be used by TALENG to cover the outstanding fees.
7. CANCELLATION, PROBLEMS AND DISPUTES
If a client or specialist wishes to cancel an active project, they must do so by notifying the other party immediately via the site and they must then agree on a pro-rated payment to reflect the work completed or time spent on the project by the specialist up to the point of cancellation.
Clients and specialists must at all times conduct themselves in good faith in their dealings with each other in their working relationship and generally on the site. If another user breaches an obligation to you, you are solely responsible for enforcing your rights. TALENG does not mediate disputes between clients and specialists.
In the event that a client is not happy with the quality of a specialist’s work and has due cause for dissatisfaction, they must give the specialist details of the measures needed to address the situation and a reasonable opportunity to rectify the problem and deliver the work in accordance with the agreed project details. If the specialist is not willing or able to remedy the work so that it complies with the project specification agreed, or if they fail to deliver the work within the agreed timeframe, the client may request a refund of any amounts held in escrow for that project and the specialist will forfeit the project fee. If the specialist feels that they have delivered the project in accordance with what was agreed, or if a specialist finds that a client is unresponsive to their request to confirm that a project is complete, the specialist may submit evidence of this to us and we will permit the specialist to submit their invoice for the work unless the client raises evidence to show that the project is not yet complete.
8. RATINGS AND FEEDBACK
On completion of a project, both the client and the specialist will be able to rate their experience of working with the other party in accordance with a simple star scale from [1 to 5]. The number of stars awarded to a client or a specialist will be published on the site and viewable by other site members. We reserve the right to alter a user’s star rating if in our reasonable opinion this is justified, for example if users are slow to respond to messages on the site, cancel accepted projects, are late in delivering projects or otherwise fall below the standards to be expected of diligent and conscientious contractors.
Clients and specialists may also leave private feedback to each other which will not be made public on the site. All feedback given must comply with our content standards as set out below.
9. CIRCUMVENTING THE SITE
All communications between clients and specialists must take place via the messaging functionality on the site. You must not disclose your email address, Skype ID or other contact information to other users on the site.
For projects sourced or initiated via TALENG, or in respect of any follow on work carried out between a client and specialist who originally connected on TALENG within the preceding 24-month period, it is absolutely prohibited to make or accept payments otherwise than via TALENG and in accordance with these terms.
Users agree to immediately notify us of any offer or suggestion to circumvent the site in the manner described above. Where we suspect or have knowledge that a user has engaged or is engaging in such circumvention techniques, we may take such action as we deem appropriate, including but not limited to immediate account deactivation. Users agree to pay TALENG on demand the Commission it would have received had such payments been made via our site and shall indemnify us for any losses, costs or expenses suffered or incurred in connection with recovering such Commission.
In the event that a client wishes to recruit a specialist sourced via the TALENG platform under a full-time contract of employment, the client must pay to TALENG a fee equivalent to 20% of the annual salary paid to the specialist under their employment contract (“Recruitment Fee”) upon the specialist’s acceptance of the employment offer. If we subsequently discover that a specialist sourced via our site has been hired on a full-time basis by a client without informing us of the commencement of the engagement, the client agrees to pay the relevant Recruitment Fee upon demand.
11. INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (including text, images, audio, video, scripts, code, software, databases and any other information that appears on or forms part of our site). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You agree not to otherwise reproduce, duplicate, copy, re-sell or in any other manner re-use or exploit any part of our site or the content on our site unless given express written permission to do so by us. You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video, audio or graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
12. UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in this section of these terms.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as set out below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Any and all material which you contribute to our site and to any interactive services associated with it (including profile information, proposals, messages, ratings and feedback) must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material or violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any contribution you make to our site complies with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. Subject to the paragraph below, you retain all of your ownership rights in your content, but you are required to grant us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your content for the purposes of operating and promoting our site. In addition, you also grant other users a limited licence to access, use, store and copy your content within our site.
Upon payment in full by the client, title to and all rights in the work and materials provided by a specialist under or in connection with a project shall be assigned to the client in full unless otherwise agreed in writing between those parties.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable content standards set out above.
You are solely responsible for securing and backing up your content.
Where this website includes information and materials uploaded by other users of the site, this information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
13. LEGAL AND TAX REQUIREMENTS
By offering, bidding on or completing any proposal or project, users warrant and represent that they are not in breach of any applicable laws, regulations, rules or codes of conduct in their jurisdiction and that they will make all required legal and tax filings (including but not limited to PAYE and national insurance contributions).
14. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your account and/or your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Suspend or cancel any projects you have posted, bid on or which are currently in progress.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You should use your judgment and discretion as to whether you should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Projects are completed directly between clients and specialists, who are free to determine scope of work, timelines, fees and other terms of service. Clients and specialists are responsible for satisfying themselves as to the terms of any project offered or accepted and as to the suitability of any specialist recruited or any specialists’ compatibility with any project. TALENG is simply an intermediary marketplace and has no control over and takes no responsibility for the projects posted on the site or for the suitability or purported identity of any specialists who bid on projects on the site, whether or not those specialists or projects formed part of a recommendation or suggestion made by us. We are not a party to any contract for services established via our site and users acknowledge and agree that they have no right to hold or attempt to hold TALENG liable for a client’s or a specialist’s actions, errors, delays, failures or omissions.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date or in relation to the truthfulness or accuracy of the information provided via or posted on the site by users. Insofar as is permitted by law, we make no representation, warranty, or guarantee that our services are fit for a particular purpose, that any specific results may be obtained from use of our site, that our services will meet your requirements or expectations, that our site will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
Where our site contains links to other sites, information and resources provided by third parties, these links are provided for your information only. The inclusion of a link to another site on our site does not imply any endorsement of the sites themselves or of those in control of them. Unless expressly stated, we have no control over the contents of those sites or resources. Those websites also have their own privacy policies and we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites. We neither assume nor accept responsibility or liability for the content of third party sites or resources.
You may link to our home page, provided you do so from a website that is owned by you and in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17. LIMITATION OF LIABILITY
Access to our site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our site (or any part of it) at any time and without notice. We will not be liable to you in any way if our site (or any part of it) is unavailable at any time and for any period. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
To the fullest extent permissible by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
To the fullest extent permissible by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of or inability to use our site, or use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of contracts or anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. We do not guarantee that our site will be secure or free from bugs or viruses.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take a reasonable period of time to comply with your request, during which you may continue to receive emails from us.
'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards. 'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site.
Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.
For more information on cookies and how to disable them, you can consult the information here: http://www.allaboutcookies.org
If you are using our site on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity.
The relationship between clients and specialists is that of an independent contractor and nothing in these terms creates a partnership, joint venture, agency or employment relationship between users or between TALENG and any user.
Our failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
23. CONTACT US
If you have any feedback, comment or complaint about our site or services, please feel free to get in touch at email@example.com or using any of the methods provided on our contact page at www.talengpro.com.