General Terms and Conditions iClickats.com
This document sets out the Terms and Conditions on which iClickats will provide access to its recruitment solution to the Subscriber and provide related Services
1. Access to the Services
Consult Annex 1 for further clarification on the definitions used her
AvailabilityiClickats will make commercially reasonable efforts to ensure that the SaaS is available twenty-four hours a day, seven days a week.
Subscriber RequirementsSubscriber warrants to iClickats that if Subscriber is an individual (i.e. human) Subscriber is at least 18 years of age. Subscriber also warrants that it is legally permitted to use the Services, and takes full responsibility for the selection and use of the Services.
2. General Terms
Subscriber DetailsThe Subscriber warrants that it has provided all details necessary to legally identify the Subscriber to iClickats. Additionally the Subscriber will actively and accurately populate the SaaS with details relating to identification of the Subscriber and billing of the Subscriber and take reasonable measures to protect such details (including by maintaining the confidentiality of login credentials). There can be only one Subscriber under the Agreement.
Subscriber's ResponsibilitySubscriber is responsible for any and all Subscriber Content posted to Subscriber's SaaS and activity that occurs through or under Subscriber's SaaS
Illegitimate UseAny fraudulent, abusive, improper or unauthorized use of the Services or use in violation of the Agreement may be reason for iClickats, as it deems appropriate, to suspend, terminate or cancel Subscriber's right to use the Services or to access the Site. Subscriber may not resell or otherwise provide the Services to any third party as a private label, with the inclusion of a mark-up fee or otherwise without the express written consent of iClickats. If explicitly approved by iClickats, multiple Company Accounts may fall under a single Subscription. iClickats cannot and will not be liable for any loss or damage resulting from Subscriber's failure to comply with the obligations set out in this article, including the loss of control over a Company Account.
Relationship to End-UsersFor the sake of clarity and without prejudice to additional attribution to others, all use of Access Rights will be attributed to the Subscriber in the context of the Agreement. An End-User that is not the Subscriber does not derive any rights from these Terms
3. Subscriber Content Storage, Retrieval and Transmission
Permitted ContentThe SaaS may only be used by Subscriber to transmit and store Subscriber Content. Subscriber may not upload commercial advertisements to the Services that do not fall within the definition of Subscriber Content or use the Services to send spam.
4. Job Advertisements
GeneraliClickats may offer to distribute Job Advertisements through various Distribution Channels.
iClickats may in its sole discretion charge additional fees for Job Advertisements. All fees for Job Advertisements will be communicated by iClickats during the ordering process for Job Advertisements.
iClickats's CommitmentiClickats will make commercially reasonable efforts to distribute Job Advertisements through Distribution Channels. However, Subscriber acknowledges and accepts that iClickats doesn't have control over the Distribution Channels or communication networks, and that it cannot control nor guarantee that Subscriber's Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by the relevant Distribution Channels or be received and/or read by job applicants or potential job applicants. iClickats may engage third parties as an intermediary for the distribution of Job Advertisements and such intermediaries are considered part of the Distribution Channels. Subscriber accepts 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 Subscriber is on a paid Subscription, or a trial or free Subscription, and even if Subscriber has paid for a Premium Job Advertisement. Subscriber agrees that iClickats is not liable to Subscriber or any third party if Subscriber's Job Advertisement is rejected or not posted, and Subscriber will not be entitled to any refund for Job Advertisements not posted or distributed. Should Subscriber cancel a Premium Job Advertisement, iClickats does not offer a refund. By submitting a Job Advertisement, Subscriber gives iClickats permission to distribute that Job Advertisement in the Distribution Channels. iClickats makes no guarantee as to the number or quality of Candidates that Subscriber will receive as a result of Subscriber's Job Advertisement. Subscriber is solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
Responsibility for Job AdvertisementsSubscriber's Job Advertisements must comply with any applicable laws and regulations including those relating to labour and employment, and anti-discrimination. Subscriber understands and agrees that Subscriber is solely responsible for any liability or claims arising out of publication of Job Advertisements or material which third parties can access through such Job Advertisements. Subscriber agrees to indemnify and hold iClickats 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 a breach of this article by Subscriber or a breach of the additional service policies of Distribution Channels. In certain cases, Distribution Channels may require that Subscriber agrees to additional service policies in order to allow Subscriber's Job Advertisement to be distributed on or via their services, and Subscriber hereby agrees to such additional service policies as they apply to the distribution of Subscriber's Job Advertisements. Subscriber is solely responsible for researching the policies of entities in the Distribution Channels. Subscriber agrees not to post or promote any Job Advertisements that: contain inaccurate, spammy, false, misleading or offensive information; contain hidden keywords, or; sell or promote services.
5. Quality of Service Support
Service LeveliClickats will make commercially reasonable efforts to respond to all incoming Support requests within two Business Days via support@iClickats.com.
Onboarding and TrainingiClickats is a forever free platform and does not provide any onboarding and training Services. If Subscriber wishes to avail onboarding and training support, then this service shall be provided at an additional cost, communicated to the Subscriber beforehand.
6. Warranty and Disclaimer
Subscriber Warranties and DisclaimerSubscriber warrants that (a) the Subscriber has the right and capacity to enter into and be bound by the Agreement; and (b) the Subscriber shall comply with all applicable laws and regulations in connection to the Subscriber's use of the Services and the Site; and (c) the Subscriber agrees to abide by these Terms in connection to the Services and the Site as provided by iClickats. Subscriber agrees to use the Services and the Site at Subscriber's own risk
iClickats Warranties and DisclaimeriClickats uses Third Party Service Providers and Distribution Channels (such as network provider, data centers, telecommunication providers) to make the Services and the Site available to the Subscriber. iClickats warrants that it will take all commercially reasonable steps to provide the Subscriber with a good level of service, however iClickats does not warrant that any Services shall be free of errors or interruptions at all times, Except as expressly set out herein, to the maximum extent permitted by law, iClickats does not warrant that the Services are accurate, complete or fit for a particular purpose and disclaims any other warranty or guarantee, whether express, implied or statutory.
Uniformity of ServicesSubscriber understands and agrees that the services provided by iClickats to its customers are uniform, may share the same underlying software, hardware and infrastructure and are intended for provision to many customers in a scalable manner. The Services will not be customized and/or tailored for Subscriber, unless, and in so far as, explicitly agreed to by the Parties against an additional payment.
7. Limitation of Liability
Neither Party shall be liable to the other for special, incidental, exemplary, reliant, punitive, indirect or consequential damages, including lost profits, loss of data, loss of business interruption or business opportunities, or goodwill arising hereunder, even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remed
Subscriber expressly understands and agrees that iClickats is not liable for the recruiting or not recruiting of particular individuals through its SaaS. Notwithstanding anything stated in the Agreement, Subscriber’s total liability arising out of or related to the Agreement will not exceed the fees paid by the Subscriber in the preceding six (6) months of the date of claim ('LiabilityCap')
8. IP Indemnification
Subscriber agrees to indemnify and hold harmless iClickats, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all third party claims, liabilities, losses, actions, causes of action, demands, reasonable costs and expenses, including but not limited to reasonable attorneys' fees, arising out of usage of the SaaS by Subscriber, for infringement of any intellectual property of Subscriber Content. iClickats agrees to indemnify, defend and hold harmless Subscriber and Subscriber's contractors, directors, officers, employees, members, shareholders and agents from and against any and all third party claims liabilities, losses, actions, causes of action, demands, reasonable costs and expenses, including but not limited to reasonable attorneys' fees, arising out of (i) infringement of any intellectual property by the Services of iClickats, (ii) breach by iClickats of any intellectual property of the Subscriber, (iii) breach by iClickats of any of the terms, warranties and obligations under this Agreement, (iv) gross negligence or willful misconduct; (v) breach or threatened breach of confidentiality obligations. Any indemnification by iClickats or Subscriber ('Indemnifying Party') is subject to (i) the other Party's ('Indemnified Party') prompt notification of such claim, (ii) Indemnifying Party's right to take sole conduct of the claim and (iii) Indemnified Party's obligation to provide reasonable cooperation to Indemnifying Party's defence of the claim. The terms and conditions specified in this article will survive termination or expiration of the Agreement.
9. Modification of Services
iClickats reserves the right to make changes to the Services at any time in an effort to improve the Services in part or as a whole. If a change may have significant negative consequences for Subscriber's existing use of the Services as described in the Documentation of the Services, the change will be announced if possible. Changes in relation to any Distribution Channels for Job Advertisements can be made at any time, with no prior announcement and at iClickats's convenience.
10. Third Party Service Providers
Subscriber understands that iClickats uses Third Party Service Providers to operate the Services. iClickats does not warrant that information or data including, but not limited to, prices and ratings provided through the Site and the Services will be reliable and accurate where such information is provided by or by means of a Third Party Service Provider.
11. Payments, Renewals and Refunds
PaymentsliClickats is a forever free SAAS based software. It provides paid features referred to as Add-ons. When Subscriber wishes to avail a paid Add-on then amounts shall be paid upfront prior activation, for which there is a respective invoice in place raised by iClickats, including Add-on specification, amount and duration of the service (including start and end date). Only post payment of the shared invoiced, where payment shall be made through online banking using the respective payment gateway, the Add-on shall be automatically activated.iClickats automatically suspends Add-ons if any fees are overdue. Post logging into the subscriber’s account, the user with admin access can choose to upgrade the restricted account to an Add-on most appropriate. The subscriber may at any time cancel the subscription for the Add-on. No refunds shall be repaid, and all payments shall be calculated pro rato for all upgrade purchases.
12. Termination and Suspension
By creating an account on iClickats the Subscriber automatically agrees to the term and conditions set out in this document.
By creating an account on iClickats the Subscriber automatically agrees to the term and conditions set out in this document.
General Termination of Services, and thereby also the Agreement in so far as it is connected to such Services, can take place in multiple ways. Subscriber can terminate the Services at any time at its convenience with immediate effect. In case of such a termination (without prejudice to other terminations such as for breach): Subscriber will not be compensated for any damages arising out of the termination nor will any fees be refunded or credited and any fees for Subscription Terms (including renewals) that have been committed to will be due immediately (if not already). iClickats, in its sole discretion, has the right to at any time and without prior notice suspend or terminate Subscriber's Services and refuse any and all current or future use of the Services in case of a breach of its general terms and conditions.
Data Export and Deletion of DataIn case of termination of Services, iClickats has the right to delete the data of the Subscriber within 30 working days. In case of termination of the Services for breach of the Terms this will result in the deactivation or deletion of the Services and Subscriber's access to Company Accounts and the forfeiture and relinquishment of all Subscriber Content.
13. Intellectual Property and Content
IP-rights and LicensesAs between iClickats and Subscriber, Subscriber will be the owner of all intellectual property rights to Subscriber Content. No intellectual property rights will be transferred in the context of this Agreement. All licenses granted to Subscriber in the context of this Agreement are worldwide, non-exclusive and limited in line with the limitations of the Services. No license for intellectual property rights is granted by iClickats where this is not necessary for the legitimate use of the Services by Subscriber. Any licenses provided by iClickats under this Agreement will end when this Agreement or the respective Services are terminated. The Subscriber grants iClickats a license to use Subscriber Content for the purpose of the provisioning of the Services and to improve the Services. Use of Subscriber Content by iClickats to improve the Services will only be done after iClickats has created a copy of Subscriber Content that has undergone a process of anonymizing, aggregating and/or diminishing to a point that it can no longer reasonably be considered confidential information nor personal data.
Restricted ContentSubscriber agrees that it will not use the Services to process or store any content that (a) infringes, violates or otherwise interferes with any copyright or trademark of iClickats or 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. If requested by iClickats the Subscriber warrants that it will remove any Subscriber Content that is in violation of this article or the Agreement promptly after notification of the Subscriber by iClickats. iClickats reserves the right to remove any Subscriber Content from the Services that it, in its sole discretion, considers to be in breach of this article or the Agreement. All resume documents uploaded to Subscriber's Company Account(s) by Subscriber, an End-User, Candidate or an applicant, can be retrieved by Subscriber through the user interface of the SaaS, unless the resume documents were removed by the Subscriber
ConfidentialityiClickats will make commercially reasonable efforts to respect the confidentiality of Subscriber Content that is disclosed to iClickats exclusively through the SaaS, if the SaaS, as it was designed and intended, prevents the disclosure of such Subscriber Content to third parties. For example, confidentiality is required in principle in relation to Candidate data, but not required in relation to content published by the Subscriber on a public website as part of the Services (hereinafter: 'Careers Site'). Subscriber will use the SaaS in line with best security practices. Such practices include maintaining the confidentiality of any login or access credentials.
Data Processing AgreementSubscriber will be the controller, as defined in EU Regulation 2016/679 ('GDPR'), for any personal data processed as part of the Services relating to applicants, potential candidates, referrers of candidates, visitors of a referral site, Candidates and Careers Site visitors. Subscriber will request iClickats for a data processing agreement ('DPA') if such personal data is processed by iClickats. Upon such request iClickats will offer Subscriber a DPA that meets all requirements as set out in article 28 GDPR.
Electronic Delivery PolicySubscriber agrees that iClickats may provide Subscriber required notices as referred to in the Agreement and other information concerning the Services electronically, including by communicating to any End-User with an Administrator role on the e-mail address associated with his account or through notifications to such an End-User in the SaaS. iClickats is not responsible for e-mails to Subscriber or End-User "bouncing" or getting rejected and other delivery failures that can't be attributed to iClickats.
15. Resolution of Disputes
Any disputes arising out of the use of the Services 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 the Netherlands.
Modifications of the TermsThese Terms can be modified in iClickats's sole discretion from time to time. iClickats may publish new versions of the Terms on its website (https://iClickats.com/terms). Modifications will enter into effect at the beginning of any subsequent Subscription Terms or when Subscription Changes take place. Such modifications will only affect a subsequent Subscription Term in so far as they take place at least 40 days before the respective Subscription Term starts. iClickats may explicitly indicate that foregoing modifications will enter into effect earlier, in such case Subscriber may terminate a Subscription immediately and receive a refund of pre-paid fees for the terminated portion of a pre-paid Subscription Term. Modifications to the Terms apply to any and all earlier versions of these Terms including Documents that were based on such versions.
Annex 1: Definitions
'Access Rights': Any personalized access rights for the SaaS that have been granted by the Subscriber, an End-User or on behalf of the Subscriber;
'Administrator': An End-User with the greatest role that Subscriber can grant to a single End-User in the SaaS and designated in the SaaS as an administrator;
'Agreement': Any agreement between the Parties in relation to the provision of services to Subscriber, such as the agreement entered into when creating a Subscription;
'Article': Any article including its sub-articles;
'Business Day': Monday to Friday
'Company Account': A section of the SaaS designated in the SaaS as a company account and intended to confine the Subscriber Data held under a single Subscription, but also used for other purposes, such as grouping End-Users;
'Distribution Channels': Third-party services, job boards and/or other entities used by or in iClickats's distribution network for Job Advertisements;
'Documentation': the user manuals, administration guides, product specifications and integration specifications that are placed at the Subscriber's disposal by IClickats relating to the SaaS and or a Functionality;
'End-Users': Anyone with Access Rights;
'Functionality': a function or possibility of the SaaS that is described in the Agreement or the Documentation, whether further divided into sub functionalities and/or sub possibilities or no
'Job Advertisement': Announcements or promotions of job vacancies;
'Non-Renewal Notice': A notice from any Party in relation to a Subscription that it does not wish for the Subscription Term in which the notice is given to be followed up by a new Subscription Term;
'Premium Job Advertisement': Job Advertisement charged separately to any Subscriptions;
'iClickats Content': Any content made available by iClickats through its Services and Site;
'SaaS': The software-as-a-service for recruitment and/or talent acquisition that is provided to the Subscriber under these Terms;
'Service': Any service provided by iClickats under the Agreement;
'Site': iClickats.com and www.iClickats.com;
'Subscription': A paid subscription for the SaaS, including the ancillary subscription-based Services;
'Subscription Changes': Downgrades, upgrades or changes of a Subscription agreed to by the Subscriber;
'Subscriber': The person or legal entity that the Company Account is created for and entering into the Agreement or the successor/assignee of such a legal person;
'Subscriber Content': Resumes (or CV's), comments, notes, files and all other data associated with the process of hiring for a job position;
'Subscriber Data': any data stored by iClickats on behalf of the Subscriber as part of the SaaS, excluding back-ups;
'Support': the provision of assistance and advice concerning the usage of Functionality;
'Third Party Service Provider': Third parties used by iClickats to provide, support or facilitate the Services;