We are Jobbatical OÜ, an Estonian company with registry code 12671900 (Jobbatical, we, us and our). We operate an online platform at www.jobbatical.com (the Website) to provide certain services relating to relocation of candidates (the Talents) from one country to the place of employment in another country (the Services).
The term “Talent” or “you” refers to a natural person who has accepted these Terms of Service (the Terms). By accepting these Terms and using our Services, you confirm that you have carefully read and understood these Terms and agree to be bound by these Terms. Acceptance of these Terms shall form a legally binding agreement between the Talent and Jobbatical (the Agreement).
1. THE SERVICE
- The description of the Services that we provide from time to time is available on our Website.
- The Services may include immigration-related services such as registration of employment, assistance on applying the residence permit or visa, applying for personal identification number, registration of a place of residence, registration of tax residency and overview of labor taxes applicable in country of destination.
- The Services may also include settle-in-related services such as search for accommodation, family doctor, assistance on opening bank account and entering into phone service provider agreement.
- The Services may also include any other services described on our Website.
- For legal purposes, the recipient of the Services is the respective entity that has employed or wishes to employ you (the Employer) and that has ordered the respective Services relating to you, except in case the respective Service is described on the Website as a Service offered to Talents, in which case the exact scope of the Service to be provided to you is agreed via your interaction with us through the Website or via other communication between you and us. In cases where the primary recipient of the Service is your Employer, the Services provided to you are limited to the provision of the access to your user account to receive overview of or interact in certain way with the Services provided to your Employer that are related to you. In such a case the term “using the Service” in these Terms refers to your access to your user account as described above.
2. USER ACCOUNT AND USE OF THE WEBSITE
- To use the Service, you must log in via Website and accept these Terms.
- If your Employer has concluded the agreement with Jobbatical, initial account for you to use the Service might be created based on the information submitted to us by your Employer. In such a case, we will send login details to your e-mail account disclosed to us by your Employer, or by other means of communication agreed between us and your Employer. When you log in the first time, you need to check if any registration information submitted about you is true, accurate and complete. If information or part of the information is untrue, inaccurate or incomplete, you undertake to notify us immediately.
- Jobbatical may enable you to create an account and to register as a user by yourself via the Website. By registering yourself, you confirm that any registration information you submit is true, accurate and complete.
- You are liable for maintaining confidentiality of your username and password. You must immediately notify us if you believe the security of your account has been compromised.
- Creation of the user account is required to submit Service-related information. Certain features of the Website can only be used by logging in to your account. There may be other features of the Website in the future which can only be used by logging in to your account.
- You shall not:
- use the Services for any unlawful, obscene or immoral purpose or for soliciting others to perform any unlawful or immoral acts;
- violate any international or local laws and regulations in connection with the use of Services;
- in connection with the use of Services, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- submit any false or misleading information in connection with the use of the Services;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or Website;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- interfere with or circumvent the security features of the Services or the Website or any technical measures used to provide the services or any related website;
- transfer your account to another party.
3. SCOPE AND PROVISION OF SERVICES
- We will provide you only those Services that are described on the Website as Services provided to Talents. In respect of all other Services, our client and recipient of the Service is your Employer.
- The scope of the Services provided to Talents via Website can change from time to time. Information about the Services that you can order via Website is provided on the Website. Please read section 5 regarding paid Services.
- Upon ordering, you may be requested to provide additional information, depending on the specifics of the Service you order.
- You agree that any information provided by us in connection with the performance of any Service, for example, information about actions to be taken or documents to be submitted by your Employer or by you in connection with the Service applies only specifically regarding you or your family member being subject to respective Service and the specific case at hand. Under no circumstances are we liable for the use of such information by any other party and for any other purpose. You shall not disclose any such information to any third party without our prior written consent.
- You agree that we cannot and do not provide any guarantee concerning expected results of Services. Any time estimation provided by us is for informative purpose only.
- We may use third parties for the provision of Services without your consent required. We may assign the rights and obligations under these Terms to any third party without your consent required.
- We reserve the right to change any part of Terms in case (i) we improve our Services and/or develop new features (ii) we otherwise change the scope or nature of our Services or our related practices (iii) there is a change in costs, expenses, risks and/or liabilities relating to the provision of Services (iv) the purpose of the change is to clarify any of the parties’ rights and obligations relating to the Services and/or (v) there are other objective reasons of whatsoever nature. We will notify you of each such change via e-mail or by posting revised terms on our Website. If you do not agree to the change of Terms, you have a right to terminate the Agreement within 14 days as of our notification by sending us a termination notice in which case Agreement terminates after 30 days of receipt of your notice. Your continued use of Website and/or the Service after we have notified you about the changes constitutes your acceptance to those changes.
- In the course of provision of Services, we will collect and process personal data about you. More information can be found in our Privacy Notice available on the Website. By accepting these Terms, you also confirm that you have read and understand the contents of the Privacy Notice.
5. FEES AND PAYMENT
- The Services provided to your Employer are not subject to any fees or payments payable by the Talent. However, the Services specified on the Website as the Services provided to Talents may be subject to monthly, hourly, fixed or other fees (each a Fee) that are specified on the Website for the respective Service package or individual Service and that shall be payable by the Talent.
- If Jobbatical offers Services to Talent that are subject to Fee payable by the Talent, you will be guided through the Website ordering process when you make a purchase. In such a case, before confirming an order, you will be given the opportunity to review your chosen order and amend any errors in your order. Please ensure that you check carefully before confirming your purchase.
- If the Service is subject to a Fee, the Fee(s) shall be paid based on the invoice(s). Each invoice submitted by us to you becomes due and payable within 10 calendar days from the date of the invoice. In case of delay in any payments, we may request you to pay a delay interest of 0,2% of the delayed amount per each day of delay.
- We reserve the right to change the Fees payable from time to time. We will notify you about such changes through our Website or by e-mail. Section 3.7 shall apply in such cases.
6. LIABILITY AND IDEMNIFICATION
- The Service and any content or features made available through the Website is provided “as is” and “as available” without any warranties of any kind either express or implied. We do not provide any guarantees to you regarding the Service and/or the Website. In particular, we shall not be responsible for the following:
- any interruption, discontinuance, suspension or other type of unavailability of the Website or Service;
- any interruption or cessation of transmission to or from the Website or Service;
- any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Website;
- deletion of, corruption of, or failure to store any content or data;
- the incompatibility of technologies used for accessing the Website.
- We are not liable for any breach or damages that is caused by (i) incorrect, incomplete or misleading information provided by you, your Employer, your family members and/or any other third party, or (ii) any failure or delay by you, your Employer, your family members and/or any other third party to perform the actions required to be taken in order to achieve the purpose of the respective Service.
- We are liable for any breach of this Agreement only to the extent the breach is intentional or grossly negligent.
- Our liability in respect of any Service provided to you shall be limited to the total amount of Fees you have actually paid for such Service. We are not liable to you in respect of any Service that is provided to your Employer.
- We shall not be liable for any damages other than direct proprietary damages.
- Any limitations of our liability set out in these Terms shall not apply in case of any intentional breach of the Agreement by us.
- You hereby agree to compensate us as well as any persons that we have engaged in the provision of the Services for any damages and costs incurred as a result of your breach of this Agreement or applicable laws.
7. TERMINATION AND DELETION OF YOUR ACCOUNT
- The Agreement takes effect from the acceptance of these Terms and is for an unspecified term.
- Either party may unilaterally terminate this Agreement at any time and without providing any reason for termination by giving the respective other party one-month prior notice.
- You may immediately unilaterally terminate the Agreement by giving us a notice if we have breached this Agreement and have not remedied the breach within 14 days after the receipt of your relevant notice.
- We may immediately unilaterally terminate the Agreement by giving you a notice thereof if you have (i) provided morally inappropriate, fraudulent, misleading or inaccurate information and/or (ii) are not eligible or authorized to use the Services and/or or (iii) have breached this Agreement and have not remedied the breach within 14 days after the receipt of our relevant notice.
- Termination of the Agreement does not terminate the obligations that have arisen before termination, unless the parties agree otherwise.
- After the termination of the Agreement we have the right to delete your account. Your data and any data concerning the provision of Services, including reports generated via Website will be stored in our database in accordance with applicable law.
8. GOVERNING LAW AND JURISDICTION
- The Agreement is governed by Estonian laws.
- Any disputes arising from this Agreement shall be settled in the Harju County Court in Estonia.