iClickats will make commercially reasonable efforts to ensure that the SaaS is available twenty-four hours a day, seven days a week.

Subscriber 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.

The 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 is responsible for any and all Subscriber Content posted to Subscriber's SaaS and activity that occurs through or under Subscriber's SaaS

Any 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.

For 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

The 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.

iClickats 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 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.

Subscriber'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.

iClickats will make commercially reasonable efforts to respond to all incoming Support requests within two Business Days via support@iClickats.com.

iClickats 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.

Subscriber 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 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.

iClickats may display or provide links or other interaction, including interpenetration and integration, with third party websites, third party services and third party advertising banners on the Site and through the Services ('Third Party Interaction'). In particular, the Services may also provide the Subscriber with the opportunity to connect and publish Subscriber's information and/or data through third parties such as postings to social and business networking sites. Use of any Third Party Interaction shall be at the risk of the Subscriber and third parties may require Subscriber to agree to additional terms and conditions for the use of such Third Party Interaction. iClickats may, at its sole discretion, with or without notice and at any time, disable any Third Party Interaction. 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 and liabilities for damages (including attorneys' fees and costs) arising out of the use of Third Party Interaction by Subscriber. iClickats cannot be held liable or responsible for Third Party Interaction including the quality, contents, terms of use and availability.

Subscriber 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.

iClickats 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.

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.

In 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.

As 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.

Subscriber 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

iClickats 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.

Subscriber and End-User will regularly check iClickats's privacy policy, which governs the use of personal data on the Site and in connection with the Service, and to which Subscriber and End-User to be bound as a condition of these Terms and use of the Site and Services. Changes regarding privacy will be communicated to End-Users through iClickats's privacy policy.

Subscriber 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.

Subscriber 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.

These 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.