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 term “Client” or “you” refers to a legal entity named as a Client in a respective service agreement signed by Jobbatical and the Client (the Service Agreement).
By signing the Service Agreement and using our services, you confirm that you have carefully read and understood these Terms of Service (the Terms) and agree to be bound by these Terms. These Terms, the Personal Data Processing Agreement attached hereto, and the respective Service Agreement form together a legally binding agreement between the Client and Jobbatical (the Agreement) that shall govern the provision of services ordered under that Service Agreement.
1. THE SERVICES
- The scope and description of services that we provide to you (the Services) are specified in the Service Agreement(s) signed between the Client and Jobbatical from time to time.
- We make all reasonable efforts to ensure that all general descriptions of the Services correspond to the actual services that will be provided to you. There may, however, be minor variations from descriptions from time to time.
2. USER ACCOUNT AND USE OF THE WEBSITE
- To use the Service, you must register via Website. By doing so, you confirm that (i) any registration information you submit is true, accurate and complete (ii) the legal entity that you represent has full legal capacity and (ii) you have the full authority to enter into the Agreement on behalf of that legal entity.
- To register as a user, you must submit the following information concerning the Client: business name, registry code or number, address and name, e-mail address and other requested information about the contact person of the Client.
- 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, monitor the status of former Service cases and generate Service reports. These 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 the Services which you have selected, or which have otherwise been specified in the Service Agreement(s) as part of the Service tier/bundle or individually.
- The specific scope and volume of each Service tier/bundle or individual Service is specified in the Service Agreement. In respect of each Talent, we will provide you only those Services that are included in the scope of the respective Service tier or individual Service that you have selected for that Talent.
- Upon ordering the Service you may be requested to provide an initial introduction of the Talent and/or his family members, including Talent’s name, nationality, address and employment data such as position, the start date of the employment and salary.
- In the course of provision of the Services we may need to contact the Talent and if necessary, Talent`s family members and to ask additional information via the Website account which they are requested to create.
- By submitting initial information about the Talent in respect of whom you have ordered the Services, you warrant that you have been granted all authorisations, consents and permits required by law to submit Talent’s and/or his/her family member’s data to us for purposes of the Services.
- 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 you or the Talent in connection with the Service applies only in relation to specific Talent or his or her 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 purposes 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 disclosed directly by the Talent or his family member or by you. Terms of processing personal data are set forth in the data processing agreement between the Client and Jobbatical which is appended to, and forms an integral part of, these Terms. By accepting these Terms, the Client is deemed to have also accepted the data processing agreement.
5. FEES AND PAYMENT
- The Services shall be subject to such annual, monthly, hourly, fixed or other fees (each a Fee) that are specified in the Service Agreement for the respective Service tier or individual Service. The Service Agreement shall also specify whether the respective amount includes VAT. If this is not specified in the Service Agreement, then the respective amount is deemed not to include VAT.
- 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.
- Any Fees paid to us are not returnable or refundable, except only in case the gross negligence or wilful misconduct attributable to us causes final denial of request for legal immigration permission (meaning that the whole process must be initiated again or even worse, cannot be initiated at all anymore) in which case we will pay back all Fees received in relation to that case.
- 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 email. Section 3.9 shall apply in such cases.
- State fees are not included in the Fees. We will pay the state fee on behalf of you and re-invoice the amount later. Any state fees quoted by us in any price list or otherwise are subject to change from time to time and we will inform you about any such changes in a timely manner.
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, the Talent, his family members and/or any other third party, or (ii) any failure or delay by you, Talent, his 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 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, including, without limitation, your failure to obtain consents and authorisations from the Talent and/or his family members required for the provision of Service.
7. TERMINATION AND DELETION OF YOUR ACCOUNT
- The Agreement 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.
- If a party terminates the Agreement during the time any Services are being provided with respect to any Talent, we shall complete the provision of such Services, unless the parties agree otherwise. We do not have an obligation to refund you any Fees paid for any Service period if either party terminates this Agreement before the end of the respective Service period, except in case we terminate this Agreement without providing any reasons.
- 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.