DEFINITIONS
The names used herein shall mean:
1. HIrejp– shall mean Recruitment Software.
2. Client – shall mean a natural or legal person or an organisational unit without legal personality, using the hirejp System on the basis of these Terms
3. Consumer – natural person conducting a legal activity with the entrepreneur not relating directly to its business or profession.
4. Terms – shall mean these Terms and Conditions
5. hirejp system – shall mean an internet application owned by hirejp, available at the address provided by the Client at the time of registration, located in the hirejpcom subdomain, used to streamline the recruitment process and manage customer and candidate databases.
6. Candidate – shall mean a natural person participating in the Client’s recruitment processes.
7. Service – shall mean the service of creating and sharing an account in the hirejp System according to these Terms and enabling the Client to use the service consisting of Internet access to the hirejp System and use of its features for remuneration in accordance with the plan selected by the Client and described at: https://hirejpcom/en/pricing/
8. Personal Data – shall mean personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( hereinafter referred to as “GDPR”) entrusted to hirejp by the Client, including personal data of the Candidates.
9. Account – shall mean the Client’s account in the hirejp System.
10. User – a natural person to whom the Client grants access to the System.
11. Plan – an option that the Client chooses for its Users. Individual options differ in access to individual System features and are described in at: https://hirejpcom/en/pricing/
III. Use of the hirejp System
1. Using the hirejp System requires an Account and making a payment of the appropriate subscription fee (depending on the selected Plan and the number of Users), as well as reading these Terms and the Privacy Policy.
2. In order to create an Account, the Client should complete the registration form in the extent specified by hirejp as obligatory and follow the system messages displayed.
3. Filling out the registration form results in setting up a Demo account, which can be paid for by connecting a credit card and selecting the option (plan). Connecting a credit card, choosing a plan and confirming the transaction is equal to the purchase of the Service.
4. Failure to connect a credit card during the trial period (Demo) and failure to declare a willingness to pay by bank transfer results in deletion of the Account and the data on it, specified during the trial period (termination of the Service contract). The Service can also be purchased after the trial period expires.
5. The Client’s use of the Service, in particular sending a filled out registration form to hirejp is equal to the Client concluding a contract with hirejp for the provision of the Service defined in these Terms on principles specified therein. The Service is provided to the Client immediately after creating an account and performing technical activities necessary to provide the Service by hirejp
6. The Client may resign from using the Service (terminate the contract for the provision of the Service) at any time, with a one-month notice period, effective at the end of the next billing period.
7. hirejp may terminate the contract for the provision of the Service with the Client, with a notice period of one month, effective at the end of the next billing period, subject to other provisions of these Terms.
8. During the term of the contract, the Client is entitled to change the selected hirejp System Access Plan, the selected number of accesses for Users and the length of the billing cycle (e.g. from monthly to annual). Such a change is possible for both payment methods available (credit card and bank transfer). A change of the option and the number of Users takes effect immediately. The change is made by the Client in the System.
9. After the termination of the Contract, hirejp will delete the Client’s account and any data specified by the Client in the hirejp System within 14 days. At the Client’s request, the parties may determine the method of exporting this data to the Client before deleting it. The export will be made in the form of a .csv file containing Candidate data (according to their structure in the system) as well as recruitment data. In the case of CV files of the Candidates, they will be exported to disk space provided by the Client.
10. In order to use the system, you will need a computer or a mobile device with Internet access and a web browser in the latest version. Recommended browsers: Google Chrome, Mozilla Firefox, Safari, Microsoft Edge and Internet Explorer 11 or higher. Due to the specific nature of the service, JavaScript and cookies must be enabled on the device. It is not recommended to use browser plug-ins that may affect proper operation of the system – in particular plug-ins that block pop-ups and make changes to websites.
11. A user creating an Account is obliged to provide true data during registration. It is forbidden to provide access to the Account to third parties, including by sharing the login and password. Each login procedure is carried out using the data provided in the Account registration form.
12. Any modifications and unified texts of terms and conditions, price lists, terms of service or privacy policy related to the hirejp System may be sent to the valid email address specified in the Account and transmitted via messages in the Account or presented by the hirejp System. Providing an invalid email address may result in the inability to provide the Service and prevent the receipt of information related to the Service (including changes to the Terms and Conditions.).
13. The rights to the logotype and name of the hirejp System are owned by hirejp and are protected by law.
14. hirejp may delete any content that violates these Terms, the good name or interests of hirejp or third parties.
15. All rights to the hirejp System are reserved to hirejp, as well as the rights to its text and graphic elements, photos, applications and databases.
16. The use of text and graphic materials, photos, applications and databases as well as other elements contained in the hirejp System, is not equal to the Client acquiring any rights relating to intangible property, works and databases contained therein.
17. hirejp is not a provider of data transmission services or telecommunications services. All costs related to data transmission services or telecommunications services required to run and use the hirejp System are incurred by the Client, on the basis of an agreement concluded with an Internet provider or a telecommunications service operator.
18. hirejp declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining, appropriating or modifying data of Clients as well as data collected within the hirejp System. In order to protect such data, Clients should apply adequate technical measures that will limit the above risks to a minimum, including in particular anti-virus software or programmes protecting the identity of people using the Internet.
19. For individual services available in the hirejp System, hirejp may introduce separate terms of service in which separate procedures or conditions for concluding and terminating contracts for the provision of electronic services will be defined.
20. The hirejp System is used to present information and advertising content. hirejp has the right to post and present advertising/commercial content in the hirejp System or materials related to goods or services offered by hirejp and goods or services of third parties, in forms typically used on the Internet.
IV. Client’s rights and obligations
1. The Client will comply with the provisions of laws applicable on the territory of Poland and the provisions of these Terms. The Client is obliged to introduce Users to the content of these Terms and is responsible for their actions and omissions in the area of compliance with the law and these Terms as for their own actions and omissions.
2. The Client/User is obliged to:
a) not to infringe the rights or personal interests of hirejp and/or of third parties, in particular candidates;
b) not to share in any way the login and password to the Client’s account in the hirejp System with third parties, other than the Client’s employees or other people acting on its behalf;
c) not to copy any hirejp System elements or not to decompile the source code;
d) using the hirejp System only for the purpose intended for the conducted business;
e) making timely payments.
3. The Client/User is solely responsible for the content of the data provided by them, and in the event that hirejp suffers a damage in connection with the content of the data provided by the Client, it is obliged to repair it to the extent that the damage was caused due to the Client’s fault.
4. hirejp is entitled to block the Account in the event of the Client/User acting in a manner that is inconsistent with these Terms, the law, infringing the rights of third parties or hirejp and in the case of delayed payment of even one amount due for more than 1 day. The Client will not be entitled to any claims against hirejp with respect to the above.
5. hirejp has the right to discontinue the provision of the Service, which is associated with the expiry of the contract for the provision of the Service and deletion of the Account along with its content (termination with immediate effect), in relation to the Client/User in the case of a violation of these Terms, the law, third party rights or hirejp, and if the Client:
a) submitted untrue, inaccurate or outdated and misleading information, or information that violates the rights of third parties during the process of registration in the hirejp System;
b) committed a violation of personal rights, in particular personal rights of the Candidates through the System;
c) committed other acts that are against the applicable laws, contrary to the objectives of creating the hirejp System.
d) exceeded the payment deadline by more than 7 days.
6. Without a prior consent of hirejp, the Client may not transfer rights or obligations related to the use of the Service onto a third party. The Client should refrain from sharing the login or password with third parties. The Client is responsible for the actions and omissions of third parties to whom it shared the password or login, as for the Client’s own action or omission.
7. The Client/User is not allowed to provide illegal content, in particular content that violates personal rights or other rights, constitutes threats or invectives, promoting hatred, or content that is offensive. It is also forbidden to promote other websites or post other promotional or advertising content using the System. In addition, any actions that may disrupt the operation of the hirejp System are prohibited, in particular introducing malicious software, breaking security, taking over IP addresses, SPAM.
V. Rights and obligations of hirejp
1. hirejp is obliged to ensure secure storage of data entrusted to it in the hirejp System and keep such data confidential. Only the employees of hirejp will obtain access to data, for which it is necessary for the proper provision of the Service and only for its implementation, as well as in the scope of receiving written authorisations in this regard, along with ensuring the confidentiality obligation by such employees. hirejp will make every effort to ensure that the transfer of data via the Internet as part of the use of the hirejp System is secure, i.e. that the information sent is confidential, complete and comprehensive. Connections used by hirejp are encrypted.
2. hirejp reserves the right to block the Client’s access to the hirejp System temporarily during the term of the Service, until a given issue is clarified, if it has reasonable doubt that the Client used the hirejp System in a manner that constitutes a violation of the provisions of these Terms or in the event of overdue payments.
3. hirejp is authorised to a temporary interruption in the operation of the hirejp System and the Services it provides due to technical reasons. hirejp will make every effort to ensure that the technical interruptions are as short as possible and are carried out beyond business hours – which is understood as between 8.00 a.m. and 5.00 p.m. Monday through Friday. hirejp guarantees SLA at the level of 99%.
4. In the event of an interruption in access to the hirejp System lasting more than one day, the Client has the right to use the hirejp System free of charge for as many days as the technical interruption lasted. The right to use the hirejp System free of charge during the period referred to in the above sentence is the only compensation that the Client may claim from hirejp resulting from the lack of access to the hirejp System. In the event of system unavailability for more than 3 business days, the fee for a given month will be cancelled. The Client hereby waives any other or further claims arising from the unavailability of the hirejp System.
5. hirejp will not be liable towards the Client for non-performance or improper performance of services due to reasons not attributable to it, including reasons attributable to third parties beyond its control (such as telecommunications network operators), or due to force majeure. This does not apply to subcontractors of hirejp and other third parties through which hirejp provides its services. In such cases, hirejp is responsible for their actions and omissions as for its own actions and omissions.
6. Regardless of other provisions of these Terms, any liability of hirejp towards the Client due to the provision of the service of access to the hirejp System and other services covered by these Terms, regardless of the legal and actual basis, is limited to the actual damages suffered by the Client except for mandatory provisions of law, and may not exceed the amount equal to the fees paid by the Client to hirejp for access to the hirejp System in the last 12 months preceding the incident causing the damage, and if the Client used the hirejp System for a shorter period – an amount equal to the fees paid during that period. The limitation of liability referred to in this paragraph does not include the Client’s damages suffered based on the provisions relating to the protection of personal data, in particular under the GDPR, in connection with a violation committed by the Service Provider of its obligations regarding the protection of Personal Data.
VI. Confidentiality
1. Under these Terms, hirejp and the Client/User shall keep secret and not disclose to third parties any information on the terms of the provision of the Service and any data (including trade secret) regarding the other party, which the party obtained during or in connection with the provisions of the Service, regardless of the manner and form of their storage or transfer, in particular in writing, photocopying, fax and electronic storage, unless such information is commonly known. The principle of confidentiality does not apply to the conclusion and provision of the Service.
2. hirejp also undertakes to maintain the confidentiality of Personal Data entered into the System, as well as the Client and its business activities.
3. The above obligation does not relate to the following information:
a) information disclosed for the purpose of proper implementation of the subject of the Service by the Client,
b) information that was in possession of hirejp before commencing Service provision,
c) information that was not made public,
d) information disclosed on the basis of the Client’s written consent.
4. The obligation of confidentiality set out in this paragraph does not violate the obligation to provide information to authorities under the mandatory provisions of law.
5. Subject to the provisions regarding the protection of confidentiality of personal data contained in the data processing agreement, the confidentiality obligation shall remain in force also after the completion of Service provision, for a period of 2 years.
VII. Complaints
1. All complaints shall be submitted to the following email address help@hirejp.com or in the chat available on the following website: https://hirejp.com/
2. A complaint should enable identification of the person submitting it in order to inform them about the manner of processing the complaint. For this purpose, the person submitting the complaint should indicate in particular, their name and surname, and email address. In addition, the complaint should contain a description of the subject of the complaint, as well as the specific demand of the Client regarding the submitted complaint.
3. Hirejp will process the complaint within 10 business days of its receipt, unless additional information is required from the Client or additional activities need to be undertaken. In such cases, the period of processing the complaint is extended accordingly.
4. The Client grants their consent to hirejp to interfere in the technical structure of an Account, in order to diagnose irregularities in the functioning of the Services, as well as to make changes or any other impact on the technical aspect of the Account in order to restore proper functioning of the Account itself or the Service, or for its modification in accordance with the demand specified in the complaint submitted by the User.