Version: December 20, 2022

These terms of service ("Terms") apply to all services provided by Jobilla.

The original language of these Terms is English. Jobilla may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

Definitions:

"Agreement" means the set of agreements between the Parties comprising the Order Confirmation, these Terms, a separate Data Processing Agreement and any other terms and conditions agreed by the Parties.

"Customer" means the company or other legal entity identified in the Order Confirmation that acquires the Service from Jobilla in accordance with these Terms and the Order Confirmation.

"Data Processing Agreement" means the agreement in force between Jobilla and the Customer, which sets out in more detail the processing of personal data in situations where the provision of the Service involves the processing of personal data on behalf of the Customer.

"Jobilla" means the legal entity as defined in Section 17. with whom the Customer enters into a contract.

"OrderConfirmation" means the order confirmation for the Service, signed or otherwise accepted by the Parties, and any subsequent renewals and additional orders.

"RecruitmentService" means the recruitment services and related advertising campaigns provided by Jobilla.

"Party" means Jobilla and the Customer each separately and "Parties" means Jobilla and the Customer together.

"Service" means the Recruitment Services and access to the System provided by Jobilla.

"SubscriptionPeriod" means the subscription period for the provision of the Service specified in the Order Confirmation. If the Customer subscribes to Jobilla only for the Service free of charge, the length of the Subscription Period shall be the calendar month, unless otherwise agreed.

"System" means Jobilla's cloud-based recruitment tool. Jobilla's website www.jobilla.com provides more detailed descriptions of the features of the System.

"User" means the individual person using the System on behalf of the Customer (usually the Customer’s employee).

GENERAL TERMS AND CONDITIONS OF SERVICE

Service

Subject to these Terms, Jobilla provides the Customer with the Service, the contents of which are described in more detail in the Order Confirmation. The Service is provided for the Subscription Period specified in the Order Confirmation.

Jobilla shall have the right to modify and develop the Service, to add or remove functions or features of the Service and to suspend or discontinue the provision of the Service in whole or in part. Jobilla will communicate material changes to the Service on its website and/or to its Customers by email or through the System.

The Service is provided "as is" without warranty of any kind. Jobilla does not warrant that (i) the Services will be uninterrupted or error-free; (ii) all defects will be corrected; or (iii) Customer will be able to use the Service at the time of Customer's choosing.

Ordering and accessing the Service

Advertising campaigns included in the recruitment service must be used within 24 months of the invoice date. Unused campaigns will not be refunded.

The Customer shall order the Service from Jobilla in writing, for example by email. The Agreement shall enter into force when the Order Confirmation has been signed or otherwise accepted by the Parties, or when the Customer has made use of the System. The Subscription Start Date and the Subscription Period are specified in the Order Confirmation. The Contract is for a fixed term during the Subscription Period and may be terminated at the earliest at the end of the Subscription Period.

The Customer's contact person must agree to the implementation of the Service with Jobilla's contact person by email (company@jobilla.com) at least five (5) business days prior to the implementation of the Service.

Price, payment terms and additional orders

Part of the Service may be subject to a fee, in which case payment is a condition of use of the Service. Jobilla will specify the price to be charged for the Service in the Order Confirmation if the Service is a paid Service. The Customer shall be liable to pay Jobilla the fees set out in the Order Confirmation. All prices quoted are VAT 0% prices, to which applicable VAT shall be added.

Access to the System is free of charge for the time being, but Jobilla reserves the right to change the pricing policy of the System by notifying the Customer at least 30 days prior to the change taking effect, and/or to introduce additional paid services or functionalities to the System which are only available for a fee. However, Jobilla shall not be entitled to change the prices of the Services already confirmed in the Order before the end of the current Subscription Period. If the Customer does not accept any changes to the pricing of the System, the Customer must discontinue use of the System before the price change takes effect.

Jobilla will invoice for Paid Services as set out in the relevant Order Confirmation. Unless otherwise agreed, the payment term is 14 days from the date of the invoice. In the event of late payment, the Customer shall pay interest on arrears and compensation for the reminder of payment in accordance with the applicable law.

TERMS AND CONDITIONS OF THE SYSTEM

Right to use the system

Jobilla grants the Customer access to the System in accordance with these Terms. The Customer undertakes to use the System in accordance with these Terms, applicable law and good practice. If Jobilla has reason to suspect that the Customer has not complied with these Terms or applicable law, it shall have the right to revoke or limit the Customer's access or take any other action it deems appropriate. 

The Customer shall not (a) remove any intellectual property rights notices from the System; (b) create a user account on the System using another person's personal information or any other false or fraudulent information; (c) transfer access to the System without Jobilla's prior consent; or (d) sell, assign or resell the System and its access rights without Jobilla's prior consent.

Registration and user accounts

Upon placing an order and registering, the Customer will be granted access to the System. The Customer must designate a primary user who will be responsible for the use and administration of the System. 

Use of the System requires registration, acceptance of the Privacy Policy and creation of personal user accounts for each User. The Customer or the Customer’s User must provide the information requested for registration in order to create the User IDs. The Customer is responsible for the correctness, accuracy and truthfulness of the information provided by the Users for the creation and maintenance of User IDs. 

The user ID of the system is always personal and may not be disclosed to any other person. If the Customer or its User suspects or knows that the confidentiality of the User IDs has been compromised, the Customer must inform Jobilla. Jobilla shall have the right to delete or block the use of User IDs if Jobilla reasonably suspects that the confidentiality of the User IDs has been compromised, the User does not comply with Terms or otherwise acts fraudulently.

Customer content and materials

If the Customer or the Customer's Users enter or produce content in the System in connection with the use, the Customer owns the intellectual property rights, including copyrights, to such content. However, Jobilla shall be entitled to use the Customer Content for the purpose of providing the Service to the Customer, further development of the System, analytical and statistical purposes and various artificial intelligence modelling. However, for these purposes, Jobilla will only process Customer’s data in such an anonymous form that it will not be considered personal data. The Customer is responsible for ensuring that it has the right to enter and produce content on the System and that its content does not infringe the rights of any third party or is unlawful, and undertakes to defend Jobilla against third party claims. Jobilla shall have the right to delete, edit or curtail the Customer's content on the System for legitimate reasons.

Intellectual property rights

The System (including any customized modifications, updates and corrections thereto) and the materials contained therein are works protected by copyright law, the copyright which belongs exclusively to Jobilla or its licensors from whom Jobilla may have licensed the contents or materials of the System. The System may also contain other intellectual property rights, such as trademarks, patents and design rights or trade secrets, which are also owned by Jobilla or another right holder. Jobilla does not transfer any intellectual property rights to the Customer, and the Customer is granted only a limited right to use the System in accordance with these Terms.

System availability and hardware requirements

Use of the System requires a terminal device, a web browser and a data connection. Although the System has been tested on different terminals, different web browsers and different operating environments, Jobilla cannot guarantee that the System will work flawlessly on all possible web browsers, operating systems and terminals.

Jobilla shall not be liable for any failure of the System to function, for example, due to updates, technical failures or similar causes, nor for any failure of telecommunication connections.

Functionality and availability of the System, information provided in the System and limitation of liability

Although Jobilla has designed the System with care, Jobilla does not guarantee that the System will be error-free or uninterrupted. The System is provided to the Customer "as is". Jobilla also does not warrant that the System is fit for the Customer's particular purpose, but the Customer uses the System at their own risk and it is the Customer's responsibility to ensure that the System is fit for its intended purpose before using the System.

Maintenance

Jobilla may temporarily suspend the availability of the System in order to carry out maintenance and development activities. Suspensions will be timed to cause the least possible inconvenience to the Customer as a result of the suspension of the System. Jobilla shall not be liable for any inconvenience or damage caused by any interruption to the use of the System. Jobilla will notify the Customer of any changes or interruptions to the System in a manner it deems appropriate. Maintenance and support will generally be provided remotely at Jobilla's designated premises during normal business hours on weekdays. Jobilla will back up the data stored on the System and delete any unnecessary data in accordance with its overall data management and IT plan.

GENERAL LEGAL CONDITIONS

Rights and obligations of the parties

The Customer is responsible to Jobilla and its job seekers for complying with good recruitment ethics and not using the System in a manner contrary to good practice or the Agreement. 

Jobilla is responsible for providing and delivering the Services to the Customer as agreed in the Agreement. Jobilla shall also be entitled to use subcontractors in the provision of the Service, for whose supply Jobilla shall be responsible as its own.

The Parties shall inform each other immediately of any changes affecting the performance of their obligations in relation to the provision of the Service. Such notifications shall be sent by e-mail to the contact persons of the Parties (company@jobilla.com).

Confidentiality

Jobilla shall treat all information provided by the Customer to Jobilla for the purpose of providing the Service as confidential and a trade secret of the Customer. However, Jobilla shall be entitled to use the Customer's name, logo and recruitment service results as a reference.

The Customer understands that there are technical risks associated with the use of information and communication technology and accepts the security and technical risks associated with the use of email, telephone, video calling applications (such as Teams or Zoom) and other similar technical applications and tools related to the provision of the Service.

Processing of personal data

In providing the Service to the Customer, Jobilla processes personal data about the Customer and its Users, as well as the usercontent that the Customer stores in the System or submits for the purpose of providing the Service. Jobilla will process such personal data only to the extent that the processing is necessary for the provision of the Services. Jobilla's privacy policy is available at its website.

For the processing of personal data on behalf of the Customer, Jobilla acts as the processor of personal data and the Customer acts as the controller in accordance with the data protection legislation. The processing of personal data on behalf of the Customer is agreed in a separate Data Processing Agreement.

Liability

If a Party breaches the Agreement and causes damage to the other Party by breaching the Agreement, the Party shall be liable to compensate the other Party for the damage directly caused by the breach of the Agreement. In no event shall a Party be liable for any indirect, consequential or otherwise unforeseeable damage caused, such as loss of income, loss of profit, damage to reputation or interruption of business. 

The maximum aggregate liability of either Party for damages shall be limited to the amount, exclusive of VAT, that Jobilla has charged the Customer for the Services during the six (6) month period prior to the claim for damages.

However, the above limitations of liability shall not apply if the damage is caused by gross negligence or intent.

Jobilla's liability for the System and its operation is limited to the functions of Jobilla's own information systems. Jobilla cannot guarantee that the System will be fully available or uninterrupted. Jobilla is not responsible for any restrictions on the use of the Service in foreign countries.

Any claim for damages arising from a breach of the Agreement must be made in writing (e.g. by email) to the other Party within three (3) months of the date on which the Party discovered or should have discovered the omission, act or error giving rise to the claim. 

Force Majeure

Neither Party shall be liable for any delay or damage caused by an event beyond its reasonable control, which the Party could not reasonably be expected to have foreseen at the time of entering into the Agreement and the consequences of which the Party could not reasonably have avoided or overcome.

A Party claiming force majeure shall promptly notify the other Party in writing of the force majeure. Failure to give timely written notice shall entitle the other Party to compensation for the loss or damage that would not have been suffered if the Party invoking force majeure had given timely notice.

A Party's right to invoke force majeure to avoid liability for damages shall continue only for so long as the impediment to the performance of the contractual obligation continues. If the force majeure continues for more than sixty (60) days, the Party not affected by the force majeure shall be entitled to terminate the Contract in whole or in part without either Party being entitled to claim damages.

Duration, termination, assignment and amendment of the Agreement

The Customer may terminate the Contract if Jobilla is unable to perform the Services for the Customer under the Contract and fails to remedy the situation within 14 days of the Customer's written notice. If the Customer has paid in advance for a Service that cannot be performed for reasons attributable to Jobilla, Jobilla will reimburse the Customer for the value of the unperformed Service. 

Jobilla may suspend the provision of the Service or terminate the Agreement if Jobilla discovers that the Customer is misusing the Service in breach of the Agreement.

The Customer may at any time stop using the System and request Jobilla to close the Customer's user accounts.

Any amendment to an existing Order Confirmation shall be subject to the approval of both Parties and the content of the amendment or change shall be documented in writing. However Jobilla reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by publishing such changes on Jobilla's website and, where applicable, on the System. The Customer shall be deemed to have bindingly accepted the changes to the Terms by continuing to use the Jobilla Services after such changes have been published as set out above. Such amended Terms will automatically be effective upon the earlier of (i) any new orders of Service made after the publishing of such modified Terms on Jobilla’s website or through the System, or (ii)  your continued use of Jobilla’s Services. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Jobilla will be governed by the Terms in effect at the time such dispute arose.

The Customer shall not be entitled to transfer the Agreement to a third party without Jobilla's written consent. Jobilla shall have the right to transfer the Contract as part of a business transfer or other reorganization of its operations which does not jeopardize the continuity of the Service.

Who are you contracting with

The supplier with whom the Customer contracts depends on the Customer's place of residence. The domicile of the Customer is determined on the basis of the country indicated in the Customer's billing address. Unless otherwise agreed in the Order Confirmation or other contract with the Customer, the Customer will contract with the Supplier listed in the table below under the Customer's domicile:

1. Applicable law and dispute resolution

The applicable law and dispute resolution will depend on which Supplier is a party to the Customer's contract in accordance with paragraph 17 above. Unless otherwise agreed in the Order Confirmation or other agreement with the Customer, the applicable law and dispute resolution shall be as set out in the following table: