1. Purpose and scope
These general terms (the "Terms") set out the conditions under which ORATIS CONSEIL (SAS), registered in Paris under No. 941899858, with its principal office at 58 rue Monceau, 75008 Paris, France ("Oratis"), provides: (i) real estate professionals, whether active or changing careers, with a free career-advice and introduction service to partner networks, brokerages and franchises (the "Support"); (ii) real estate networks, brokerages and franchises with a service introducing qualified candidates, paid only upon onboarding; (iii) ancillary access to its recruiting software platform. Any request for Support, any signature of a partnership agreement or any subscription to the platform implies acceptance of these Terms.
2. Definitions
- "Candidate": any individual working or wishing to work in real estate (independent agent, commercial agent, negotiator, office-opening project owner) who requests the Support.
- "Partner Network": any agent network, franchise group, cooperative or real estate brokerage that has entered into a partnership agreement with Oratis for the introduction of Candidates.
- "Support": the situation review, advice, introduction of suitable Partner Networks and follow-up until onboarding, carried out by an Oratis advisor.
- "Onboarding": the signature by a Candidate introduced by Oratis of a contract (commercial agent, employee, franchise, partnership or equivalent) with a Partner Network, or their effective attachment to it.
- "Platform": the online recruiting and outreach software published by Oratis, available by subscription.
3. Content of the Support
- A first conversation with a specialist advisor within an indicative one business day of the request, then a situation review of about thirty minutes (background, revenue, area, expectations, project).
- An analysis of the options open to the Candidate: staying in their current organization, changing networks, opening or taking over an office, changing status.
- The introduction, with the Candidate's express consent, of two to three Partner Networks deemed suitable, with a comparison quantified on their situation.
- Arranging conversations with the shortlisted Partner Networks, help preparing the file and negotiating terms.
- Follow-up after Onboarding during the first months.
The Support is an advisory and introduction service. Oratis is neither the Candidate's employer nor agent, nor a party to the contract concluded between the Candidate and the Partner Network. The final decision always rests with the Candidate and the Partner Network.
4. Oratis' commitments to the Candidate
- Neutrality: no Partner Network pays Oratis to be recommended in preference to another. Advice is based on the fit between the Candidate's situation and the Partner Networks. When staying in the current organization is the best option, Oratis says so.
- Confidentiality: no information about the Candidate is passed on to a Partner Network, or to anyone, without their express consent, and never to their current organization.
- Diligence and good faith: advice is based on the information provided by the Candidate and on the public fee schedules and conditions, or those communicated by Partner Networks, checked with reasonable diligence.
- Information: the Candidate is informed of Oratis' business model (fees paid by Partner Networks upon Onboarding) from the first conversation.
5. Candidate's obligations
- Provide truthful, accurate and up-to-date information about their professional situation, activity and projects.
- Comply with the contractual commitments binding them to their current organization, in particular regarding notice periods, non-competition and confidentiality; Oratis cannot be held liable for any breach thereof.
- Inform Oratis of the outcome of the introductions made and, where applicable, of their Onboarding with a Partner Network.
- Not use the Support for purposes unrelated to their professional project.
6. Free of charge for the Candidate
The Support is entirely free for the Candidate, without conditions or minimum duration. No amount is owed by the Candidate to Oratis, before, during or after the Support, including in the event of Onboarding. The Candidate may end the Support at any time by simple notice to support@oratis.fr.
7. Services to Partner Networks
Oratis introduces to Partner Networks supported and qualified Candidates (motivations, background, declared revenue, area, timeline, financing for an office project), with each Candidate's express consent. The precise terms (territories, profiles sought, contacts, fee schedule) are set out in a partnership agreement between Oratis and the Partner Network, of which these Terms form the basis. The Partner Network remains the sole decision-maker regarding a Candidate's Onboarding and is responsible for the contractual relationship it enters into with them.
8. Partner Network fees
No subscription, fixed fee or minimum is charged to Partner Networks. Fees are owed to Oratis only upon the Onboarding of a Candidate introduced by Oratis. Their amount and their invoicing and payment terms are set out in the partnership agreement concluded with each Partner Network. Fees are stated exclusive of tax; any late payment gives rise to the statutory late-payment penalties and fixed recovery indemnity.
9. No exclusivity
Partner Networks enjoy no exclusivity: the same Candidate may be introduced to several Partner Networks, which contributes to the quality and durability of their choice. Conversely, Oratis remains free to enter into partnerships with any network, brokerage or franchise.
10. Software platform
As an ancillary service, Oratis makes its Platform available to real estate recruiting professionals by subscription (Starter, Advanced and Professional plans, described on the website). The subscription is taken out for a commitment period of six (6) or twelve (12) months, payable in one instalment at subscription via the secure Stripe solution, then tacitly renewed for identical periods unless terminated by notice to support@oratis.fr at least thirty (30) days before the renewal date. The monthly credits attached to each plan are consumed according to the rules stated on the Platform and are neither carried over nor refundable. Access to the Platform may be suspended in the event of non-payment or use contrary to these Terms or to applicable regulations, in particular regarding canvassing and electronic communications.
11. Personal data
Oratis processes Candidates' data solely for the purposes of the Support and, with their express consent, of their introduction to Partner Networks. Partner Networks undertake to use Candidates' data received from Oratis only to assess and carry out their Onboarding. Processing details are set out in the privacy policy below.
12. Intellectual property
The methods, content, comparisons, tools, databases and, more generally, all elements making up Oratis' services and Platform remain its exclusive property. The personalized comparison delivered to the Candidate is intended for their personal use. Platform users have a personal, non-exclusive and non-transferable right of access for the duration of their subscription.
13. Liability
Oratis provides the Support with the care and diligence of a professional advisor, without guaranteeing a Candidate's Onboarding, the income they will earn in a new organization, or the success of an office project, as these depend on the market, the parties and factors beyond Oratis' control. Information about networks (commission splits, fees, conditions) is provided for guidance, from public sources or as communicated by the networks, and must be confirmed in writing with them before any commitment. Except in case of gross negligence or mandatory provision to the contrary, Oratis' liability toward a Partner Network or a Platform user is limited to the amount exclusive of tax actually received for the service concerned over the last twelve (12) months; indirect damages are excluded.
14. Term, termination and force majeure
The Support ends upon the Candidate's Onboarding, at their request, or in the absence of any response from them for six (6) months. The partnership agreement is concluded for the term and under the termination conditions it stipulates. Neither party shall be liable for a failure attributable to an event of force majeure within the meaning of Article 1218 of the French Civil Code. Unless objected to in writing, Oratis may cite the name and logo of Partner Networks as a commercial reference.
15. Governing law, disputes and contact
These Terms are governed by French law. A consumer Candidate may use a consumer mediator free of charge; any other dispute falls under the jurisdiction of the competent courts of the place of Oratis' registered office, unless a mandatory provision provides otherwise. For any question or complaint: support@oratis.fr – +33 7 57 59 10 87.
