Between the undersigned, on the one hand, TALENT MAPPING S.A.S, a legally established commercial company registered with the commercial registry, identified with NIT 901.398.593-2, located in the city of Bogotá D.C., represented in this act by Mr. ALEJANDRO AREVALO, of legal age, residing in the city of Bogotá D.C., identified with citizenship ID number 80.871.113 of Bogotá D.C., in his capacity as legal representative of the company (hereinafter referred to as "TMAPP"); and on the other hand, THE CLIENT; who together shall be referred to as the "Parties", have decided to enter into this Contract ("The Contract") in order to establish the essential conditions of the joint business that the Parties will undertake, which shall be governed by the clauses set forth below:
OBJECT - By means of this Contract, THE CLIENT hires the services of TMAPP for the recruitment of profiles. As consideration for the services provided by TMAPP, THE CLIENT shall pay the amount defined in clause two. At the beginning of each new search or each new Mapping, TMAPP shall discuss the profile with THE CLIENT and determine the specific conditions and other applicable attributes for the process. In turn, TMAPP undertakes to carry out all necessary procedures and actions to find, at a minimum, the number of candidates defined in the proposal, within the delivery time stipulated therein.
PRICE - For the payment of the fees to be borne by THE CLIENT, the parties agree to proceed in accordance with the terms established in the commercial proposal. For any case chosen by THE CLIENT, TMAPP shall issue an invoice for the respective amounts, complying with the applicable tax provisions and adding the taxes that are applicable at the time of issuing the invoice. Payment of the invoice must be made within 30 (thirty) days following the date of issuance of the invoice.
Paragraph: Once the payment period for the invoice established in clause two has expired, the failure to pay any amount owed by the Client to TMAPP under this Contract shall result in a penalty equivalent to 2% (two percent) of the total amount payable by the Client for each month of delay, and the payment of default interest at a rate of 2% (two percent) per month, calculated proportionally on the total amount of the outstanding payment, without prejudice to TMAPP's right to initiate judicial and/or extrajudicial measures it deems necessary to enforce the collection of such sums, from the moment the Client is in default with the payment for the services subject to this Contract. TMAPP is authorized to report THE CLIENT to credit bureaus in Colombia (such as DATACRÉDITO, among others).
SCOPE OF SERVICES - Everything related to the medical examinations of the candidates and the necessary measures for the candidates to obtain the corresponding work permit or any other required authorization shall be the sole and exclusive responsibility of THE CLIENT, who shall facilitate the completion of any act aimed at obtaining said permits or authorizations. Additionally, THE CLIENT shall ensure that the hiring of the candidate does not in any way constitute a breach of the current labor legislation, and any non-compliance in this regard shall be its sole responsibility.
TMAPP shall not be responsible in any case to THE CLIENT for damages, costs, claims, or expenses incurred by THE CLIENT or claimed by third parties as a result of the selection or hiring of the candidates. It is expressly agreed and understood that THE CLIENT shall be responsible for the management and payment of all employment benefits to be borne by the candidates who are employed by it, and therefore shall hold TMAPP harmless from any damages, claims, or demands that any of the candidates linked to the Client may initiate against TMAPP for these reasons.
WARRANTY - If for any reason, the candidate presented and chosen by the Client leaves the position during the warranty period, T-mapp undertakes to initiate a new search process at no additional cost, for the agreed-upon time in the commercial terms.
POST-HIRE - All candidates introduced by TMAPP to the client and subsequently hired within a period of 18 months from the date of presentation shall generate the fees stipulated in clause two of this Contract to be paid from the client to TMAPP. Additionally, if a candidate presented by TMAPP rejects the initial job offer from the client but is hired by the client during the 18-month period, this will also trigger the payment from the client to TMAPP.
EXCLUSION OF EMPLOYMENT RELATIONSHIP - The Parties accept and understand that there is no employment relationship or subordination between them. TMAPP is an independent company, which has complete autonomy in its functions. TMAPP shall personally bear the expenses derived from its commercial operation.
CANCELLATION - TMAPP does not charge a cancellation fee. In any case, the Client shall pay the fees related to the stages of services effectively provided up to the moment of cancellation. If after the cancellation of a candidate search, the Client makes a job offer to a candidate presented by TMAPP, the Client shall pay TMAPP the agreed-upon fees for the search of said candidate. Under no circumstances will the amounts paid by the Client prior to the eventual cancellation of services be converted into credits in favor of the Client for other positions, nor can they be refunded.
DURATION - The selection services shall not have a duration exceeding six (6) months from the date of signing the Contract unless otherwise expressly stipulated in the special conditions. If, after this period, none of the candidates presented by TMAPP have been hired by the Client, it shall be deemed that the service is canceled by the Client, and in such case, the provisions of the previous clause shall apply.
In the event that the Client decides to hire (or engage) more candidates than those contractually anticipated or required by TMAPP within a period of 18 months from the start date of TMAPP's service, the Client shall pay TMAPP the fees corresponding to each of the contracted candidates as described in clause two (2) of the Contract and according to the fee option selected by the Client.
ABSENCE OF REPRESENTATION - This Contract is a purely commercial contract that governs the relationship between TMAPP and THE CLIENT. Therefore, there is only a commercial relationship between the Parties as stated in this Contract, and there is no agency relationship, joint venture, de facto partnership, joint accounts agreement, or any other form of association other than what is stated herein.
ASSIGNMENT - Neither Party may assign this Contract in whole or in part.
AMENDMENTS - This Contract may only be modified by written agreement signed by the Parties. Under no circumstances can this Contract be terminated or modified verbally.
APPLICABLE LEGISLATION - For all purposes, the applicable law to this Contract shall be the Colombian legal regulations.
ARBITRATION CLAUSE - Regarding any dispute or difference arising from or in connection with this Contract, the Parties shall have a period of thirty (30) calendar days to resolve it directly. If no agreement is reached, it shall be resolved through an Arbitration procedure for Micro, Small, and Medium Enterprises (Mipymes) or Social Arbitration of the Chamber of Commerce of Bogotá, which shall be subject to the Rules of Procedure for Mipymes and Social Arbitration of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá, according to the following rules:
a. The tribunal shall be composed of an arbitrator appointed by the Chamber of Commerce of Bogotá, at the request of either Party.
b. The Tribunal shall decide based on the law.
c. The functions of the Secretariat shall be assumed by the Conflict Resolution Center of the Chamber of Commerce of Bogotá.
d. The arbitration costs shall be those established in the Rules of Procedure for Mipymes and Social Arbitration of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá.
For this purpose, the Parties acknowledge and agree to fully submit to the aforementioned rules. Furthermore, they undertake to accept and comply with the decision of the sole arbitrator.
CONFIDENTIALITY - The parties shall always observe the duty of confidentiality, disclosing information only to the extent strictly necessary to enable the hiring process. TMAPP shall not disclose the Client's data without authorization. The parties cannot be held responsible for disclosure made by third parties, and the parties shall instruct the candidates, third parties, and their employees to equally observe the duty of confidentiality. All information disclosed by TMAPP as a result of the execution of this Contract shall be considered confidential information owned by TMAPP, and therefore, THE CLIENT, its shareholders, managers, and/or affiliated personnel shall refrain from using, disclosing, copying, reproducing, publishing, or communicating such confidential information directly or indirectly to third parties, or using it for purposes other than the execution of this Contract, without the prior written authorization of TMAPP. The aforementioned Confidential Information shall only be disclosed by THE CLIENT to its personnel to the extent necessary for the proper execution of the Contract, provided that they are bound by a duty of confidentiality regarding the Confidential Information.Paragraph: The Parties agree that under no circumstances shall THE CLIENT disclose the personal information of the candidates provided by TMAPP. In the event that THE CLIENT breaches this provision, it shall be liable for any sanctions, claims, or damages arising from such breach, and shall also defend the interests of TMAPP.
PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING - The Parties declare under oath that the resources forming their assets do not come from money laundering, terrorist financing, drug trafficking, illegal money collection, or any other illicit activity. Likewise, they declare that the resources received in the performance of this Contract will not be used for any of the aforementioned activities. For this purpose, the Parties are authorized to consult the relevant lists, information systems, and databases, and if any report is found, each Party shall proceed with the contractual and/or legal actions that may be required.
CONTRACTUAL DOMICILE AND NOTIFICATIONS - For the purposes of this Contract, the contractual domicile shall be the city of Bogotá D.C., and notifications between the Parties shall be made to the following addresses: Talent Mapping S.A.S: alejandro@t-mapp.com; Calle 94 # 21 - 37; +57 317 6422219
T-mapp's Terms and Conditions may be updated or modified at any time and such situation will be informed to users on our website. By using the platform you expressly accept these T&Cs.
Updated: June 29, 2023
Dirección:
Calle 94 # 21 - 37 (Bogotá, Colombia)
Calle de Juan Bravo 57 (Madrid, España)
Talent Mapping S.A.S actúa de acuerdo con lo definido por la Ley 1581 de 2012, el Decreto Reglamentario 1377 de 2013 y demás normas concordantes, a través de las cuales se establecen disposiciones generales sobre el habeas data y se regula el tratamiento de la información que contiene datos personales. Somos una empresa comprometida con la protección de sus datos personales y estos serán compartidos de manera segura con nuestros clientes y candidatos.