Terms and Conditions for Employers

Last update: September 22, 2016

Introduction
We are Jobbatical (Jobbatical OÜ, registry code 12671900, address at Rajametsa 16, Tallinn, Republic of Estonia), an Estonian company dedicated in offering online services for short-term employment opportunities via our website jobbatical.com. We provide a marketplace connecting job seekers/employees to employers for short-term jobs. We enable posting and searching of personal profiles, job vacancies and other employment related opportunities.
As an employer interested in our services we request you to accept and follow these Terms and Conditions below. These supplement our legal relationship in addition to the Terms and Conditions for Customer which you approved previously. In matters where the conditions of the current Terms and Conditions for Employer differ from the Terms and Conditions for Customer, the current Terms and Conditions for Employer shall prevail.
Jobbatical account and employer profile
In order to start using the Jobbatical services as an employer, you must first create an employer profile to your Jobbatical account. During this we request you to accept these Terms and Conditions.
You are allowed to create an employer profile to your Jobbatical account to use our relevant services provided that you are an active employer which is eligible to enter into legal contracts (including but not limited to employment contracts) independently pursuant to applicable jurisdiction. If you represent an employer as legal person, you are allowed to create an employer Jobbatical profile and use our services provided that this legal person has sufficient legal capacity pursuant to applicable jurisdiction.
Any representative acting on behalf of a legal person must have sufficient legal authorization to act in the name and on behalf of that legal person. For avoidance of doubt, in terms of employer services and the relevant rights and obligations pursuant to present Terms and Conditions the legal contracting party to Jobbatical is the employer (as person) that you represent.
Use of database data as an employer
You as an employer may use information in the Jobbatical database (including our website) to post employer information about vacant positions for the purpose of filling the job vacancy. You are not allowed to make extracts from or copies of the database or use the database for any commercial purposes. You are also not allowed to contact job seekers or other Jobbatical users with other intentions than actual interest in filling the job vacancy.
You are responsible for determining whether our job post requirements are suitable for you to use pursuant to applicable law.
Privacy
For providing our services we collect personal information about individuals.
You agree to respect and follow the terms of the Privacy Policy of Jobbatical. This includes your obligation to perform or refrain from, whichever the case may be, any actions which allow us to respect the privacy of job seekers and employees pursuant to our Privacy Policy and applicable laws.
We allow you to use personal data collected by us for the purposes of selecting employees. You may not collect, store or process the personal data of job seekers in a manner not provided in Privacy Policy. For avoidance of doubt, you are not allowed to collect personal data of job seekers for the purposes to create your own manpower database. Once you have made your selection you shall delete all personal data provided to you by Jobbatical. You are not allowed to send to job seekers direct emails or any information not related to the job
Requirements for job posting
Any of your job posting may not contain:

  1. misleading, unreadable or hidden keywords that are irrelevant to the job opportunity being presented, as determined in Jobbatical’s reasonable discretion;

  2. the names, logos or trademarks of companies other than yours;

  3. the names of cities, states, towns or countries that are unrelated to the posting;

  4. more than one job or job description, more than one location, or more than one job category;

  5. inaccurate, false, or misleading information;

  6. material or links to material that solicits personal information from anyone under eighteen (18);

  7. words or phrases intended to cause a false positioning in the search results seen by a Jobbatical;


and you may not use your job posting to:

  1. post jobs in a manner that does not comply with applicable law, including but not limited to laws relating to employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

  2. post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment;

  3. post jobs that contains links to any site competitive with Jobbatical;

  4. post any franchise, pyramid scheme, club membership, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

  5. post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

  6. promote any opportunity that does not represent genuine employment;

  7. advertise sexual services or seek employees for jobs of a sexual nature;

  8. endorse a particular political party, political agenda, political position or issue;

  9. post jobs which require the job seeker to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings, or (vii) age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity and/or any other ground that may be rendered unlawful in applicable law.


We reserve the right to reject or remove any job posting or content from Jobbatical site, which in the discretion of Jobbatical does not comply with the conditions of these Terms and Conditions, or if any content is posted that we believe is not in the best interest of Jobbatical. We may view and internally review the content made available by you if your job posting violates these terms or applicable law.
Fee and payments
Jobbatical services to an employer are subject to the fee as posted on our website (https://jobbatical.com/hiring/pricing). We may change the payment system or pricing structure for our services (including but not limited to establishing new fees or changes existing fees) by a post/notification on our website and/or e-mail on your contact made available to us. The new fee will be valid and active immediately from the disclosure.
Our fee is due immediately upon ordering the campaign. For the avoidance of doubt, the fee is paid as an advance payment once you order a job posting from us. The amount of fee is 2% of the annual average salary of the role you are hiring in the location you are hiring it for, based on the relevant data of Teleport Cities as published on their website (https://teleport.org/cities/). Value added tax shall be added to the amount of the fee, if applicable. In case of late payment you must pay a delay interest in amount of 0.25% per day for each day in delay.
Our fee must be paid by using a credit card payment service on a website provided by third party provider. You agree to ensure at all times that when using our services you possess sufficient funds to cover our fee and other payments via credit card. In order to proceed with the payment process, you as an employer must add private information to comply with the security regulations for the payment transactions. This data will be stored so that next time you can opt to use the stored card.
Third party payment service provider will comply with the privacy and security regulations of the Payment Card Industry Data Security Standard ("("PCI-DSS") of Visa and MasterCard, with regards to use, access and storage of your confidential information.
The resolution of credit card related disputes takes place through us. The contact for our support service is: support@jobbatical.com. Inquiries submitted shall receive a response within five (5) business days.
For using a credit card you represent and warrant that you are authorized to use that credit card and that all charges may be billed to that credit card and will not be rejected. If, for some reason, we are unable to process your credit card order we will try to contact you by email and suspend our services (including your account) until your payment can be processed.
Once we have received payment we will issue you an invoice upon request.
Linked sites and third party content
Our website may include links to other websites or services or to third party content.
We do not endorse any such linked sites or third party content or the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites is solely at your own risk.
Your compliance with terms of third party service established by relevant service provider is your own sole responsibility. We do not bear any responsibility for any of your violation of such terms, even if it has occurred in process of provision of our services.
Termination and deletion of your account
If you no longer want to be connected to Jobbatical, just click “Delete your account“ in the “Account settings” and we will close your profile for public view. Upon doing so our legal relationship is deemed terminated.
We will terminate our legal relationship (effective immediately) and delete your account and/or employer profile if we, upon our reasonable opinion (including but not limited to assessing viable reports from other Jobbatical users), find that you have (i) violated any requirement for job posting as stipulated in these Terms and Conditions (ii) provided morally inappropriate, fraudulent, misleading or inaccurate information (including but not limited to such information about your company/entity) (iii) mistreated an employee in any way (iv) contacted any job seeker for a purpose not related to the employment (v) are not eligible or authorized to use our services or (vi) have violated any other term of these Terms and Conditions or Terms and Conditions for Customer and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.
After you have clicked “Delete your account” or we have deleted your account pursuant to conditions above, your data will be stored in our database for another thirty (30) days. After that all of your information will be deleted permanently. Provided that within the thirty (30) day period you submit us a request for your information, we will send the information to your contacts within a reasonable period in CVS format.
In addition to above we also reserve ourselves the right to stop providing services and terminate our legal relationship (effective immediately) without existence of circumstances attributable to you. In that case we will also store your data in our database for another thirty (30) days before we delete your data permanently and provide you a refund for any payment made in advance. In all other cases of termination no refunds will be made.
For avoidance of doubt, once your account is deleted, you may no longer use Jobbatical services as an employer nor job seeker.
Limitation of liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of our services. We will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence. Our total aggregate liability for all your claims made against us will be no more than the total amount you paid for our services for the four (4) previous months.
We bear no liability for advertisers, linked websites or other users of Jobbatical.
Indemnity
You agree to indemnify and hold us harmless from any losses that result from any of your violations or unreasoned claims. You also agree to indemnify and hold us harmless from any losses that result from third-party claims that result from any of your violation.