July 19, 2018
This documents sets out the Terms and Conditions (‘Terms’’) on which Recruitee B.V. (Company number 63881829) at Keizersgracht 313, 1016EE, Amsterdam provides Subscribers with access to recruitment software (‘Recruitee’) by the website www.recruitee.com (‘Site’).
Please read these Terms carefully before using the Site and Recruitee services. You warrant and represent that you are authorized to enter into these Terms on behalf of the Subscriber company or organization.
If you do not agree to these Terms, then you may not access or use the Site or the services available through the Site / the Mobile App (the ‘Service’).
Recruitee BV (to be named "Recruitee") is offering the Service solely for use by the signing entity, and affiliated companies, to these Terms of Agreement, and in whose name an account is registered through the Site (the "Subscriber" or "you") and not for the use or benefit of any third party. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms.
1. Access to the Service
Recruitee will make reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be circumstances when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Recruitee to minimize such disruption where it is within Recruitee's reasonable control. Recruitee retains the right to create limits on use and storage with respect to the Service in its sole discretion at any time with or without notice. Subscriber certifies to Recruitee that if Subscriber is an individual (i.e., not an entity) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. Recruitee makes available content through its Service and Site (“Content”). Recruitee makes no claim that the Service may be lawfully used or that Content may be uploaded or downloaded to and from the Service outside of the Netherlands. Access to Content may not be legal by certain persons or in certain countries. If you use the Service from outside the Netherlands, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
2. General Terms
When signing up for the Service, you must provide your full legal name, full company name, a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process. Accounts registered or automated login attempts by "bots" or other automated methods are not permitted. Your login may only be used by your organization, a single login may not be shared by multiple people within your organization. You are responsible for maintaining the security of your account and password. Recruitee cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Subscriber agrees to notify Recruitee immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. You are responsible for any and all Subscriber Content (as defined hereafter) posted and activity that occurs through or under your account. Any fraudulent, abusive or unauthorized use of the Service may be reason for termination of Subscriber's right to use the Service or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information from any other user. If you are using a free account you are not permitted to block ads. One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Recruitee, or any other Recruitee service. You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without the expressed written consent of Recruitee.
3. Subscriber Content Storage and Retrieval
The Service may only be used to transmit and store resumes (or CVs), files associated with the process of hiring a candidate (hereinafter referred to as "Candidate"), job descriptions and comments with respect to the foregoing (all of the foregoing referred to herein as "Subscriber Content"). You may not upload commercial advertisements or any other materials that do not fall within the definition of "Subscriber Content" or transmit unsolicited information, materials or data (including, without limitation, "spam" messages). You understand that the Service can be used for transmission of your Subscriber Content. You may not transmit or use any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems ("bots") to upload multiple streams of data, such as for multiple Candidates. If your bandwidth usage is excessive (as determined solely by Recruitee), in order to protect the availability of the Service for all Subscribers (including third parties), we reserve the right to restrict your usage or disable your account after prior written notification to you, until you can reduce your bandwidth consumption.
4. Job Advertisements Policy
Through its Service Recruitee may offer to distribute announcements of job vacancies (“Job Advertisement”) in Distribution Channels (defined hereafter). Recruitee may in it’s sole discretion charge additional fees for Job Advertisements (“Premium Job Advertisements”). All fees for Job Advertisements will be communicated during the ordering process. Recruitee will make reasonable efforts to distribute Job Advertisements to third-party services, job boards and/or other entities in our distribution network (collectively, "Distribution Channels"). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by job applicants or potential job applicants. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid Subscription Plan, or a trial or free subscription, and even if you have paid for a Premium Job Advertisement. You agree that Recruitee is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. Should you cancel a Premium Job Advertisement set out via Distribution Channels, we do not offer a refund. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels. You agree not to post or promote any Job Advertisements that: contain inaccurate, false, misleading information, that contain hidden keywords, or sell or promote services. Your Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labour and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available, posted or distributed). We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements. You agree to indemnify and hold Recruitee and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.
5. Quality of Service Support
Recruitee will make commercially reasonable efforts to respond to all incoming support requests within two business days. Our support team is available via email@example.com.
6. Warranty Disclaimer
7. Limitation of Liability
You expressly understand and agree that Recruitee shall not be liable for damages resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) statements or conduct of any third party on the Service. Recruitee shall not be liable for any amounts that exceed the fees paid by you to Recruitee under this Agreement during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against Recruitee. The limitations as set out in this article apply to: (i) indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Recruitee has been advised of the possibility of such damages); (ii) all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, gross negligence, willful misconduct, strict liability, misrepresentations, and other torts. The limitations specified in this article will survive termination or expiration of these Terms and apply even if any limited remedy specified in these Terms are found to have failed of its essential purpose. Any limitations agreed upon under this article will also apply to the liability of Recruitee’s directors, officers, employees, agents and members.
You agree to indemnify and hold harmless Recruitee, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys' fees, arising out of your use of the Service, for infringement of any intellectual property of Subscriber’s Content in connection with the use of the Service thereof. The terms specified in this Section will survive termination or expiration of these Terms. Recruitee agrees to indemnify and hold you harmless, your contractors, and licensors, and your respective directors, officers, employees, members, shareholders and agents from and against any and all claims of third parties that the Services infringe intellectual property rights valid in the Netherlands and other member states of the European Union, as well as the United States of America. The terms specified in this Section will survive termination or expiration of these Terms.
9. Modification of Service
10. Third Party Vendors
You understand that Recruitee uses third party vendors (hereinafter referred to as the "Vendors") and hosting partners to provide the necessary hardware, software, networking, storage, telemarketing support, and related technology required to run the Service. Recruitee does not warrant that the results of the presentation or information will be correct, including prices and ratings, on any screen that results in a transaction of any kind, provided by a third party vendor found by using the Service. Recruitee provides no warranty or guarantee that you will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the Service provided by a third party.
11. Payments, refunds, upgrading and downgrading
Use of the Service is free during your "Free Trial Period”, which is 18 days on default. A valid credit card is required for paying accounts. Also PayPal and iDeal are valid methods of payment. Custom invoices always include a minimal usage of 12 months. The Service is charged in advance, by default on a monthly basis (also available pre-paid for 12 months) and can be cancelled any time -in which only the remaining days of that month will be charged. There is no refund on pre-paid yearly packages. Recruitee is authorized to adjust the applicable fee(s), rates and prices for the Service each year within reasonable limits. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the Netherlands taxes on the income of Recruitee. For any upgrade in plan level, your credit card that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will result in the remaining month to be charged at the current plan. The default payment date for credit card charges and invoices is the same date you place the order or receive the invoices. Services including Job Advertisements will be set live the moment the payment is received. All fees are either in United States dollars (USD), Euro (EUR) or Pound sterling (GBP).
You can terminate your account and the Service immediately by emailing your request to firstname.lastname@example.org. You have the right to download or request your Subscriber Content within thirty days after termination. Thereafter, all of your Subscriber Content will be deleted from the Service. If you terminate your Service before the end of your current pre-paid period (month, quarter, half-year, full-year), your termination will take effect immediately and you will not be charged again, nor will you receive a refund for the unused portion of the payment period. Year contracts have to be cancelled at least one month in advance of the renewal date, or will be renewed for a similar contract date automatically. Recruitee, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service only in case of a breach of these Terms. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Recruitee may at any time, without prior notice, terminate the Service if Recruitee is prohibited from providing the Service to Customer by a) the laws and regulations applicable to Recruitee or b) any of Recruitee's business partners or service providers due to governmental economic sanctions against any country or state.
13. Copyright and Content Ownership
The Site and its Content are intended solely for the use of Recruitee's Subscribers and may only be used in accordance with these Terms. All materials on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of Recruitee and/or third parties and are protected by Dutch and international copyright laws. All trademarks, service marks, and trade names are proprietary to Recruitee and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. All rights of intellectual property of Subscriber to data, information, Subscriber Content including but not limited to information from job candidates by using online forms, which contain additional information such as resumes, motivation letters, answers to questions and additional personal information / work history, and all information in connection with the use of the Service by Subscriber, trademarks and trade names are and will remain the property of Subscriber. The Site is protected by copyright pursuant to European copyright laws, international conventions, and other copyright laws. The word ‘Recruitee’ is Trademark protected. Except as explicitly permitted in the next paragraph of these Terms, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Site Content, software, materials relating to the Service in whole or in part. Subscriber may download or copy the Site Content for his, her or its normal business activities and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity. Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to process Subscriber Content, Recruitee will have a non-exclusive, worldwide, royalty-free right to copy, publish, display, translate and store the Subscriber Content solely for the normal business use of the Service (eg daily operations to keep Service running). Subscriber represents, warrants and agrees that it will not use the Service to process any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of a third party, (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (c) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (d) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (c) of this sentence - so far as it is not beyond its control. Recruitee reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Service in case of a breach of these Terms or pursue any other remedy or relief available to Recruitee and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Recruitee is concerned that Subscriber may have breached the immediately preceding sentence). All resume documents uploaded to your account by you, another user within your account, or an applicant, can be retrieved by you through the provided user interface. Recruitee will never re-sell this Subscriber Content, or use for any other commercial purpose. The Site, including but not limited to the look and feel of the Service, is copyright © 2018 Recruitee. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Recruitee. In cases in which such permission is given, all copyright and "powered by" notices, images and texts ("notices") in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.
14. Promotions and Marketing
Recruitee offers Subscriber a public website as part of the Service (Careers Site). This Careers Site is intended, among other things, to provide you with a publicly available list of jobs, and therefore your usage of your Careers Site is not intended to be private. Unless expressly prohibited in writing or electronically by you, Recruitee can use your company name and mention your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a "powered by Recruitee" graphic or text link can be included with your job listings or e-mails unless you choose to disable or hide this fact. Any promotions or discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add‐on services are not guaranteed any promotions or discounts.
16. Electronic delivery policy
You agree that Recruitee may provide to you required notices, pushes, agreements and other information concerning the Service electronically. By using the Service you also agree that Recruitee is not responsible for failed electronic delivery of email messages to the address you provide.
17. Resolution of Disputes
Any disputes arising out of the use of the Service shall be governed by the laws of the Netherlands, without regard to any conflict of laws principles, and any proceedings shall solely be settled in the competent court of Amsterdam, the Netherlands.