Terms & Conditions of Sale
TCS applicable to User Companies (UC) and partner Temporary Employment Agencies (TEA)
YOJOB
Intermediary / Commercial broker
User Company (UC)
End customer receiving the workforce
TEA Agency
Partner carrying out recruitment
Article 0 - Service Provider Identity
Legal form
Sole Proprietorship (EI)
Manager
Alexandre AUGER
SIRET
44786276400035
VAT number
FR79447862764
Registered address
108 AVENUE MONTESQUIEU, 33160 SAINT-MEDARD-EN-JALLES
Contact
contact@yojob.fr
Professional Liability Insurance : YOJOB has professional liability insurance covering the financial consequences of its liability for its services.
Article 1 - Definitions
•YOJOB
Intermediary/commercial broker ensuring prospecting, qualification, coordination and formalization of commercial proposals between UC and TEA.
•User Company (UC)
End customer company receiving the workforce made available by a partner TEA.
•TEA / Partner Agency
Temporary employment agency carrying out recruitment, contracting and organization of personnel provision.
•Profile
Candidate or temporary worker presented by a TEA to a UC via YOJOB's intermediation.
•Mission
Recruitment need expressed by the UC (profession, volume, dates, site, specific constraints).
•Tripartite proposal
Commercial and administrative proposal structured by YOJOB and validated by the UC and TEA (signature or written agreement).
•Handover
Moment when the TEA becomes the UC's main contact after double UC + TEA validation.
•Credit insurer
Credit insurance organization (COFACE, Allianz Trade, etc.) involved in customer risk analysis and credit limit granting.
Article 2 - Purpose
These TCS govern YOJOB's services consisting mainly of:
Prospect and qualify
Identify and qualify User Companies with European recruitment needs
Present opportunities
Transmit qualified opportunities to corresponding partner TEAs
Structure the proposal
Develop a detailed commercial proposal (scope, coordination, administrative elements)
Organize handover
Ensure transition to TEA after signature for execution (recruitment, provision, invoicing)
YOJOB's role : YOJOB acts exclusively as an intermediary. The TEA is responsible for recruitment, provision, employer compliance and invoicing to the UC, unless expressly stipulated otherwise in the contract.
Article 3 - Contractual documents and hierarchy
In case of contradiction between documents, the following priority order applies:
Specific contract / Specific conditions
Customized partnership or business referral
Tripartite proposal / Quote / Purchase order
Document signed by the parties
Terms and Conditions of Sale (TCS)
This document
Appendices
SLA, DPA, process, checklists, etc.
Article 4 - Contractual schemes
The applicable scheme is specified in the proposal or contract. YOJOB can intervene according to 3 models:
Scheme B
TEA client of YOJOB
YOJOB is remunerated by the TEA for business referral (monthly commission and/or success fee)
Scheme A
UC client of YOJOB
YOJOB invoices the UC for additional services (enhanced coordination, extended documentary assistance)
Scheme C
Combined remuneration
YOJOB is remunerated by the TEA (Scheme B) AND invoices additional services to the UC (Scheme A)
Article 5 - Process and handover
5.1 Upstream phase (commercial & coordination)
YOJOB ensures:
Prospecting and qualification of the User Company
Collection of elements necessary for the Mission
Transmission of the need to one or more partner TEAs
Coordination until finalization of the tripartite proposal
5.2 Handover trigger
The "handover" occurs upon meeting two cumulative conditions:
From this point, the TEA becomes the main contact for: recruitment, contracts, onboarding, provision, payroll, posting obligations, invoicing and UC collection.
5.3 Residual assistance (if provided)
YOJOB may remain in support (coordination/quality) within the scope agreed in the proposal or contract.
Article 6 - Financial conditions and payment terms
6.1 Principle: "selective" deadlines on a case-by-case basis
Given sector practices (credit insurance, customer risk, invoicing organization), payment terms are defined case by case in the applicable proposal/contract.
The modalities may include:
Payment on receipt
Advance payment / deposit
Weekly invoicing
Guarantees (deposit, credit limit limitation)
When a "deferred" payment term is granted, it respects legal caps: 60 days from invoice date, or 45 days end of month if stipulated.
6.2 Standard grid — UC "at risk"
Risk classification is determined from 3 cumulative sources:
Credit insurer
Coverage/credit limit/conditions
TEA internal score
Risk & collection policy
Payment history
Behavior & exposure
Primacy: in case of contradiction, the credit insurer's decision prevails over other signals.
Risk levels & payment conditions
Triggers :
Insurer: covered / credit limit OK; TEA Score: A/B; History: good (0 incident)
Conditions :
Monthly + negotiated deadline (e.g. 30d) within legal limit
Safeguards :
Standard credit limit
Triggers :
Insurer: limited credit limit; TEA Score: B/C; History: moderate delays
Conditions :
On receipt OR 30-50% deposit + balance on receipt
Safeguards :
Capped credit limit + weekly review
Triggers :
Insurer: insufficient partial coverage; TEA Score: C/D; History: significant delays
Conditions :
Weekly on receipt OR 50-70% deposit + weekly adjustment
Safeguards :
Start in batches (limited volume)
Triggers :
Insurer: REFUSAL / uninsurable; TEA Score: D; History: major incidents
Conditions :
100% advance payment (or refusal to start)
Safeguards :
Start conditional on payment; stop if deviation
Transparency & acceptance
The tripartite proposal specifies the level (R0/R1/R2/R3), invoicing method and payment condition. Signature/acceptance of the proposal constitutes acceptance of these terms.
Dynamic adjustment clause
In case of risk evolution (insurer credit limit decrease, delays, incidents), the TEA may revise payment conditions for subsequent periods, after notification to the UC, in accordance with the applicable contract.
6.3 Payment delays
In case of delay on an invoice issued by YOJOB (Scheme A or TEA→YOJOB invoicing):
Late payment penalties payable without reminder, at the rate provided in the contract or applicable legal framework
Fixed collection fee: €40 per unpaid invoice
Possible suspension of services after written notification
Article 7 - Obligations of the User Company (UC)
The UC commits to:
Provide an exact and complete need, and cooperate actively (feedback, validations, planning)
Transmit safety constraints and site access procedures
Respect confidentiality of information (TEA, profiles, commercial conditions)
Recognize that recruitment, provision and workforce invoicing are the TEA's responsibility (unless different written scheme)
Respect payment conditions defined in the tripartite proposal
Article 8 - Obligations and remuneration of the partner TEA
8.1 Monthly commission (business referral)
The TEA owes YOJOB a commission calculated on the excl. tax turnover invoiced by the TEA to the UC for missions originating from YOJOB.
Commission rate
Variable according to contract (e.g. 3-8%)
Calculation base
UC excl. tax turnover (YOJOB missions)
Invoicing rhythm
Monthly
Payment deadline
Upon receipt of UC payment, without delay
8.2 "Placement" success fee
For certain missions, a success fee may be added to the monthly commission:
Triggering event
End of applicable trial period (see art. 9), without termination attributable to the Profile
Payability
Full immediate payment upon YOJOB invoice issuance
Amount
Variable according to contract (e.g. % of gross annual salary or fixed amount)
8.3 Reporting
The TEA provides YOJOB, at agreed frequency (e.g. monthly):
List of YOJOB missions (UC, site, dates, volumes)
Associated excl. tax turnover per mission
Reasonable supporting documents
Compliance with GDPR and business secrecy
Article 9 - Regulatory trial period
9.1 Principle
The applicable trial period is that provided by the contractual documents (TEA↔UC and/or TEA↔Profile) and by applicable regulations/agreements. It cannot exceed the maximum authorized durations.
9.2 Posting / Temporary work (assignment contract)
The assignment contract may include a trial period set by agreement; in the absence thereof, it is capped at:
2 days
Contract ≤ 1 month
3 days
1 month < contract ≤ 2 months
5 days
Contract > 2 months
9.3 Recruitment (permanent contract/equivalent) — Legal cap
For a permanent contract, the maximum trial period duration is notably:
2 months
Workers / Employees
3 months
Supervisors / Technicians
4 months
Executives
According to applicable rules and possible renewal framed by law.
Article 10 - Non-circumvention — 24-month duration
During the contractual relationship and for 24 months after the last introduction (TEA and/or Profile), the parties prohibit any circumvention:
Prohibition for UC to contract directly with a TEA introduced by YOJOB (or via related entity) by circumventing YOJOB, except written agreement.
Prohibition for TEA to circumvent YOJOB's remuneration on a UC/opportunity originating from YOJOB, except written agreement.
Penalty clause
In case of violation of this non-circumvention clause, the defaulting party commits to pay YOJOB a fixed penalty whose amount is specified in the contract (or equivalent to a percentage of amounts generated/estimated), without prejudice to additional damages.
Article 11 - Liability and limitations
Obligation of means
YOJOB commits to implement all necessary means to perform its intermediation services, without result guarantee.
Non-responsibility TEA/Profiles
YOJOB is not responsible for acts, omissions or breaches of the TEA, recruited Profiles, nor credit/insurance decisions.
Capping
Except gross negligence or fraud, YOJOB's liability is capped at the excl. tax amount received under the concerned contract over the last 12 months.
Indirect damages excluded
YOJOB cannot be held responsible for indirect damages (loss of profits, loss of earnings, loss of clientele, etc.).
Article 12 - Confidentiality
The parties commit to maintain confidential all information exchanged in the context of their collaboration.
Confidential information includes commercial, technical, financial and strategic data
The confidentiality obligation lasts during the entire duration of the contractual relationship and 5 years after its termination
Information cannot be disclosed to third parties without prior written agreement
The parties must take all necessary measures to protect information confidentiality
Article 13 - Personal data (GDPR)
Personal data exchanges are strictly limited to data necessary for service execution (contacts, needs, candidate profiles).
GDPR Compliance
Personal data processing is carried out in accordance with GDPR and Data Protection Act.
Privacy policyDPO Contact
For any request concerning your personal data or exercise of your GDPR rights.
contact@yojob.frA DPA (Data Processing Agreement) may be annexed if necessary depending on the nature of data exchanges.
Article 14 - Duration and termination
Duration
The duration of the contractual relationship is that defined in the contract or accepted tripartite proposal.
Early termination
30-day notice (or duration agreed in contract) + payment of amounts due (including commissions/success fees if triggering event reached).
Termination for breach
In case of serious breach of obligations: formal notice + 15-day cure period. Failing regularization, termination of right.
Article 15 - Force majeure
The parties cannot be held responsible if non-performance or delay in performance of their obligations results from a case of force majeure as defined by French case law.
Constitute notably cases of force majeure:
Natural disasters, floods, fires
Wars, attacks, riots
General strikes, transport blockades
Network failures (telecoms, electricity)
Epidemics, pandemics
Government health measures
In case of force majeure, obligations are suspended during the duration of the event, after notification to the other party.
Article 16 - Applicable law and disputes
Applicable law
These TCS are subject to French law.
Prior amicable attempt
In case of dispute, the parties commit to seek an amicable solution before any legal action. The customer may resort to conventional mediation or any other alternative dispute resolution method.
Competent jurisdiction
Failing amicable resolution, any dispute falls under the exclusive jurisdiction of the courts of YOJOB's registered office, except contrary mandatory rule.
Article 17 - TCS modification
YOJOB reserves the right to modify these TCS at any time.
The applicable TCS are those in effect on the date of acceptance of the proposal/contract
Modifications have no retroactive effect on contracts in progress, except express written agreement of the parties
The latest version of the TCS can be consulted at any time on YOJOB's website