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Terms and Conditions for Employers

Last updated: October 25, 2022

GENERAL ASPECTS  

These provisions (Terms and Conditions) establish the relations between ASOCIATIA PROIECT VOIAJOR, based in Bucharest, sector 1, Maior Alexandro Campeanu str. no. 4-6, floor 2, app. 8, room I (the Association) and the Employer (the Employer) who uses the www.jobs4ukr.com Platform (the Website or the Platform) that can be run from a computer device and/ or the services offered by the Association through the Website or Platform (Services), under the conditions and within the limits established in these Terms and Conditions.

The Association guarantees the Employer free access to the Platform and Candidates, in accordance with the limits established by the Platform, in accordance with these Terms and Conditions, the Privacy Statement and the Cookie Statement.

DEFINED TERMS

Association – refers to any and all names that include jobs4ukr, Jobs for Ukraine, Platform, Website, and designates the ASOCIATIA PROIECT VOIAJOR along with the services offered through the recruitment Platform www.jobs4ukr.com, created and offered by PLAYFUL SOFTWARE SRL, a limited liability company headquartered in Bucharest, 10 Glicinelor Street, registered at the Trade Register under no. J40/2950/2016, Tax Registration Code 35728130.

Employer – the legal person or any entity that creates an account as employer/ company on the Platform through the Recruiter;

Candidate – any natural person, also called a User, who creates an account on the Website in order to create an candidate profile and uses the Platform features, including job board, tests, challenges, courses, and more;

Recruiter - the representative of the Employer or a natural person designated by the Employer who creates an Account and uses the Services and Platform offered at https://job4ukr.com

Access – viewing and using the algorithms for filtering the results of Candidates who have created an account on the Platform, in order to recruit for the purpose of employment or to start a future collaboration;

Account – the section of the Platform consisting of an e-mail address, password and username that allows the Employer to access the Platform and which contains information about the Employer, respectively the Employer's history on the Platform;

Platform – the Platform accessible at the URL www.jobs4ukr.com, including its sub domains;

Services – any service to be provided by the Association to the Employer based on these Terms and Conditions;

Campaign – the act of displaying, for commercial purposes, a finite number of Services for a limited period of time set by the Association;

Content – all the information on the Platform that can be visited viewed or otherwise accessed using electronic equipment:

  • the content of any e-mail sent to the Employer by the Association through electronic means and / or any other available means of communication;
  • any information communicated by any means by an employee/ collaborator of the Association, to the Employer, according to the contact information, specified or not;
  • information related to the Services or tariffs practiced by the Association in a certain period;
  • information related to the Services and tariffs used by a third party with which the Association has concluded partnership, collaboration or service contracts, in a certain period;
  • data relating to the Association or other privileged data thereof;
  • data on news, tests and challenges available or under development by the Association.

Profile – all the data related to the results of tests and challenges, as well as those completed by the Candidate in the personal profile, to which the Employer has access based on these Terms and Conditions;

Newsletter – means all the information, available periodically, exclusively electronically, respectively electronic mail, on the Services and/ or promotions carried out by the Association in a certain period, without any commitment on the part of the Association with reference to the information contained therein;

Results/Skills assessment – the set of results obtained by the Candidates following the tests and challenges which will be displayed in the Candidate Profile;

Challenges and tests – the set of items leading to the Skills Assessment of Candidates.

CONTRACTUAL DOCUMENTS

By registering an Account on the Platform, the Employer agrees with the form of communication (telephone and/or e-mail) through which the Association carries out its Services. Upon acceptance of these Terms and Conditions, between the Association and the Employer a Service Agreement is considered to be concluded, on the basis of which the Association offers the Employer access to the Platform. 

CREATING THE USER ACCOUNT

Access is allowed to any Employer following the creation and validation of the Account.

The Employer will be able to create and validate his Account only after entering and confirming the following information:

  • Employer’s Name
  • Employer’s Tax Registration Code;
  • Employer’s Registered Address
  • Recruiter’s e-mail address;
  • Recruiter’s or Employer’s phone number;
  • confirmation of having the necessary quality in order to represent the Employer for the purpose of accepting these Terms and Conditions.

The account will be created only after accepting these Terms and Conditions. The account will further be activated only after someone from the Association validates the aforementioned information. 

For justified reasons, the Association reserves the right to restrict Employers’ access to register the Account, if it considers that as a result of the conduct or activity of the Employer it may be harmed in any way. In such a situation, the Employer may contact the Association in order to be informed on the reasons that led to the application of such measures by sending an e-mail to the address indicated in the Contact Section of the Platform.

For security reasons, the Platform administrator reserves the right to ask Employers to confirm the information provided, in order to protect the beneficiaries of the Association. 

ASSIGNMENT AND SUBCONTRACTING

The Association may assign and / or subcontract to a third party Services related to challenges and testing through an embedded system within the Platform.

In case of access to the Services of a third party, it will be solely responsible for fulfilling the obligations assumed towards the Employer.

INTELLECTUAL AND INDUSTRIAL PROPERTY LAW 

The content, as defined in section 1 above, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and/ or multimedia content presented on the Platform, are the exclusive property of the Association, to whom all rights obtained for this purpose are reserved directly or indirectly (through licenses for use and/ or publication).

The Employer is not allowed to copy, distribute, publish, transfer to third parties, modify and/ or otherwise alter, use, link to, expose, include any Content in any context other than the original one intended by the Association, the inclusion of any Content outside the Platform, the removal of signs that signify the Association's copyright over the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Association.

No Content transmitted to the Employer, by any means of communication (electronic, telephone etc.) or acquired by him by accessing, visiting and/ or viewing it constitutes a contractual obligation on the part of the Association and/ or the employee/ agent of the Association who mediated the transfer of Content, if any, to such Content.

Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions is prohibited.

THE ORDER 

After registering the Account, the Employer can use the Services free of charge. We thank our partners and supporters who helped make this Service available. The Association reserves the right to add new Services that require placing an Order by the Employer.

CONFIDENTIALITY 

The Association will maintain the confidentiality of any information you provide. Disclosure of the information provided may be made only under the conditions set forth in these Terms and Conditions.

Pursuant to these Terms and Conditions, the term “confidential information” means any and all information received and/ or known by the Association or the Employer as a result of creating the Account, placing the Order, including any information related to the activity of the two parties or information that is not publicly available.

The Association and the Employer undertake not to use any of the confidential information other than for the purpose of fulfilling these Terms and Conditions and to maintain the confidentiality of all confidential information. 

The Association and the Employer will allow access to confidential information only to those persons who are required to know it in order to fulfill the obligations assumed through these Terms and Conditions and will instruct any such person in regard to the confidential nature of such information.

The obligation to maintain the confidentiality of data/ information from and in connection with these Terms and Conditions, regardless of the medium on which they are presented, also applies to the Association’s or the Employer’s employees.

The provisions of this section regarding confidentiality shall not apply in the following cases:

  • at the time of disclosure, the confidential information was already known to the public; 
  • the party to whom the information belongs has given its written consent regarding its disclosure by the other party, prior to the disclosure.

In case of receiving a request for confidential data from a state authority the party who has received the request shall promptly notify the other party. If the party to whom that information belongs does not obtain an order or other provision to protect its confidential information, the party to whom the disclosure is requested will disclose only that confidential information required by law and will make every effort to ensure that the confidential information so disclosed will be treated as confidential.

The party providing the information will remain the sole owner of the confidential information. Likewise, if the confidential information is updated, it will remain the sole property of the party providing it.

The parties will maintain the confidentiality of confidential information regardless of the medium on which it is located, both for the period in which it is subject to these Terms and Conditions and for an indefinite period from their termination for any reason.

By transmitting information or materials through this Platform, the Employer gives the Association unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. The Employer also agrees that the Association may freely use, in its own interest, the information, ideas, concepts, know-how or techniques transmitted through the Platform. The Association will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force provides for other specifications in this regard.

PUBLICITY 

Association newsletters are sent automatically by Platform or by the Association team. This ensures the confidentiality and security of information.

The Employer may change their option regarding the agreement issued to the Association at any time by contacting the Association in this regard by sending an e-mail to the address at [email protected]

Waiver of receipt of Newsletters does not imply waiver of acceptance of these Terms and Conditions.

THE RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

The Employer has the following rights:

  • to receive Access to the Platform and to be provided with the Services, in optimal conditions and in accordance with the standards in this field;
  • to be informed of any problems related to the operation of the Platform, which could lead to the temporary or permanent interruption of the functioning of the Services or to the decrease of their quality. 

By creating and using the Account, the Employer assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by the applicable law, is responsible for the activity carried out through his Account.

By creating the Account and/ or using the Content, the Employer expressly and unequivocally accepts the Terms and Conditions in the latest updated version that is communicated on the Platform, at the date of creation of the Account and/ or use of the Content and/ or placement of the Order.

Subsequent to the creation of the Account, the use of the Content is equivalent to accepting the changes made to the Terms and Conditions and/ or the updated versions of the Terms and Conditions.

The Terms and Conditions may be modified at any time by the Association, being opposable to the Employer from the date of posting on the Platform. 

The Association has the right to modify, delete, close or suspend the Employer's Account, without prior notice, without any compliance period and without other formalities, if the Employer does not comply with the following prohibitions and obligations:

  • to provide real, correct and complete information during the registration and updating of the Account details;
  • not to publish, transmit or display any material or information through which goods or services are promoted, regardless of their nature;
  • not to publish any unsolicited commercial message or spam;
  • not to publish or transmit any kind of message which is offensive, threatening, indecent, discriminatory or which may violate the rights of other third parties;
  • not to use applications, programs or commands made through code sequences, likely to suspend, interrupt, alter or remove one or more of the functions of the Platform;

The Employer declares that they will be solely responsible for the breach of these obligations and that they will cover any damage suffered by another user or third parties who could claim damages caused by these breaches.

The Employer has the following rights:

  • to receive Access to the Platform and to be provided with the Services, in optimal conditions and in accordance with the standards in this field;
  • to be informed of any problems related to the operation of the Platform, which could lead to the temporary or permanent interruption of the functioning of the Services or to the decrease of their quality. 

The Employer has the following obligations:

  • to comply with these Terms and Conditions;
  • to provide the Association with all the information and necessary materials for creating the account in order to gain Access, as well as for providing the ordered Services;
  • to use the Access to the Platform exclusively for the recruitment of Candidates in order to conclude collaborations with them/ employment agreements;
  • to inform, as soon as possible, the Association of any irregularity regarding the Access to the Platform;
  • to provide only materials over which it holds patrimonial copyrights;
  • to provide only materials that do not violate the rights of third parties, are not contrary to the applicable law, public order or good morals.

By using the Account, the Employer agrees to comply with the following ethical recruitment standards. Failure to comply will result in account deletion and other investigative and legal actions from the Association.

  • recruitment should take place in a way that respects, protects and fulfils internationally recognized human rights, including those expressed in international labour standards, and in particular the right to freedom of association and collective bargaining, and prevention and elimination of forced labour, child labour and discrimination in respect of employment and occupation; 
  • recruitment should respond to established labour market needs, and not serve as a means to displace or diminish an existing workforce, to lower labour standards, wages, or working conditions, or to otherwise undermine decent work; 
  • appropriate legislation and policies on employment and recruitment should apply to all workers, labour recruiters and employers; 
  • recruitment should take into account policies and practices that promote efficiency, transparency and protection for workers in the process, such as mutual recognition of skills and qualifications;
  • recruitment and employment activities should be clear, transparent and effectively applied to avoid abusive and fraudulent recruitment methods, including those that could lead to forced labor or human trafficking;
  • recruitment across international borders should respect the applicable national laws, regulations, employment contracts and applicable collective agreements of countries of origin, transit and destination, and internationally recognized human rights, including the fundamental principles and rights at work, and relevant international labour standards. These laws and standards should be effectively implemented; 
  • no recruitment fees or related costs should be charged to, or otherwise borne by, workers or jobseekers;
  • the terms and conditions of a worker’s employment should be specified in an appropriate, verifiable and easily understandable manner, and preferably through written contracts in accordance with national laws, regulations, employment contracts and applicable collective agreements. They should be clear and transparent, and should inform the workers of the location, requirements and tasks of the job for which they are being recruited. In the case of migrant workers, written contracts should be in a language that the worker can understand, should be provided sufficiently in advance of departure from the country of origin, should be subject to measures to prevent contract substitution, and should be enforceable;
  • workers’ agreements to the terms and conditions of recruitment and employment should be voluntary and free from deception or coercion;
  • workers should have access to free, comprehensive and accurate information regarding their rights and the conditions of their recruitment and employment;
  • freedom of workers to move within a country or to leave a country should be respected. Workers’ identity documents and contracts should not be confiscated, destroyed or retained; 
  • workers should be free to terminate their employment and, in the case of migrant workers, to return to their country. Migrant workers should not require the employer’s or recruiter’s permission to change employer; 
  • workers, irrespective of their presence or legal status in a State, should have access to free or affordable grievance and other dispute resolution mechanisms in cases of alleged abuse of their rights in the recruitment process, and effective and appropriate remedies should be provided where abuse has occurred.

THE RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

The Association has the right to be provided with all the information and materials necessary for creating the account in order to gain Access, as well as for providing the Services ordered by the Employer, in accordance with prohibitions and obligations as stated at point 10.

The Association has the right to modify, delete, close or suspend the Employer's Account, without prior notice, without any compliance period and without other formalities, if the Employer does not comply with the following prohibitions and obligations:

  • to provide real, correct and complete information during the registration and updating of the Account details;
  • not to publish, transmit or display any material or information through which goods or services are promoted, regardless of their nature;
  • not to publish any unsolicited commercial message or spam;
  • not to publish or transmit any kind of message which is offensive, threatening, indecent, discriminatory or which may violate the rights of other third parties;
  • not to use applications, programs or commands made through code sequences, likely to suspend, interrupt, alter or remove one or more of the functions of the Platform;

The Employer declares that they will be solely responsible for the breach of these obligations and that they will cover any damage suffered by another user or third parties who could claim damages caused by these breaches.

The Association has the following obligations:

  • to provide the Employer assistance in using the Platform;
  • to provide Access to the Platform and to provide the Services, only after the explicit consent to continue the project;
  • to provide the materials, tools, devices and personnel necessary to ensure Access;
  • to ensure that they have obtained all the licenses, authorizations, permits in accordance with the applicable law.

THE EMPLOYER'S STATEMENTS AND WARRANTIES

The Employer states the following:

  • acceptance of these Terms and Conditions does not constitute a breach or non-compliance with the obligations assumed by any contract or other instrument to which the Employer is a party or through which he is obliged or affected and does not otherwise violate the rights of any third party, and these Terms and Conditions create for the Employer valid, legal and legally binding obligations according to their provisions;
  • the insolvency procedure provided through Law no. 85/2006, respectively Law no. 85/2014, with subsequent amendments, was not initiated against the Employer, the concordat preventive procedure was not initiated, no ad-hoc agent was appointed, no such request was initiated from any creditor, the company is not in a state of dissolution, division, merger, reorganization etc;
  • the Employer has implemented, or is in the process of implementing, all appropriate procedures and measures for the protection of personal data, in accordance with applicable law.

THE PROCESSING OF PERSONAL DATA

The Association seeks to protect as much as possible the right to privacy and image of the Platform’s users. The Association's intention is to provide a safe online experience that will not adversely affect your personal life. In this regard, the Association makes every effort to ensure that the information you enter into our database is used exclusively for your intended purposes.

At the time of registration on the Platform by creating an Account, by accessing it, The Association will process personal information likely to identify a particular person in accordance with these Terms and Conditions and for the purpose stated in the Association's Privacy Statement. You should read this policy to understand what personal data we collect and for what purposes we use it here.

NON-COMPETITION

The Employer has no right to carry out or perform any activity that would or could have the purpose of carrying out, encouraging or initiating a collaboration, remunerated or not, with any natural or legal persons who are employees, affiliates, collaborators or providers of the Association, for replication, total or partial copying of the gamification system or platform concept.

This prohibition applies for the entire duration during which the Employer is subject to these Terms and Conditions and subsists after their termination for a period of 3 (three) years, regardless of the manner of termination.

CASES OF FORCE MAJEURE

The Association shall be free from liability for non-fulfillment or partial fulfillment of its obligations under these Terms and Conditions if this is due to force majeure events that would occur after the Employer's acceptance of these Terms and Conditions, to the extent that this release from liability is related to those obligations directly affected by the events of force majeure, and this release will subsist throughout the existence of the force majeure events. 

The Association will notify the Employer in writing immediately after the occurrence of force majeure events.

If either the force majeure events continue for more than 3 (three) months, or at that time it is reasonably anticipated that the force majeure events will continue for more than 3 (three) months, the Association will attempt to take all appropriate necessary measures to allow the continued provision of the Services in accordance with these Terms and Conditions in a manner as close as possible to the original intentions

LIABILITY

The Employer's non-compliance with any of its obligations, declarations and/ or guarantees, provided in these Terms and Conditions, leads to the Employer's liability, being obliged to fully repair all damages suffered by the Association and its beneficiaries and Platform Users.

If the Employer does not fulfill his obligations under these Terms and Conditions or performs them improperly, he will be obliged to cover the damages suffered in full by the Association, but not limited to material damages (direct or indirect), moral damages, image damages, loss of profit, costs of litigation, expenses in the execution phase, reasonable attorney's fees, etc.

In order to attract the Employer's liability, the Association will notify the Employer in writing of any claims, specifying reasonable details of such claims (including its basis and its estimate in good faith of the value of the damage tried or which may be tried).

Within a maximum of 30 (thirty) days from the date of receipt of the notification, the Employer will have the opportunity to remedy any and all breaches of obligations, statements and/ or warranties assumed/ given under these Terms and Conditions, at no cost for the Association. 

If the Employer refuses to act in accordance with the provisions of paragraph 18.4 above or does not remedy or remove any potential damage to the Association as a result of non-compliance with any obligation, statement and/ or warranty, the Association will be able to recover from the Employer all and any damages tried. 

The Association or any partners, representatives, associates, administrators, employees and any affiliates thereof will not be liable to the Employer or any other person, in any form, for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to damages in connection with loss of access to the Platform or the Employer's account for reasons not directly attributable to the Association.

APPLICABLE LAW - JURISDICTION

These Terms and Conditions are governed by the laws of Romania.  

FINAL PROVISIONS

The rights and remedies enjoyed by the Employer or the Association are cumulative and not alternative. Neither the non-exercise, nor any postponement in the exercise of any right, power or privilege by either party under these Terms and Conditions shall act as a waiver of that right, power or privilege and no individual or partial exercise of any such right, power or privilege shall preclude any subsequent exercise of this right, power or privilege or the exercise of any other right, power or privilege.

If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, in whole or in part, in accordance with applicable law, such provision or part thereof, to that extent, shall be deemed not to be part of these Terms and Conditions, and the legality, validity and applicability of the other provisions of these Terms and Conditions will not be affected. In such a situation, the Association will make every effort, within a reasonable period, to replace the provision deemed illegal, invalid or unenforceable with a provision for the same purpose that will be legal, valid and enforceable.

Any dispute that may arise as a result of or in connection with these Terms and Conditions, including, but not limited to, any dispute regarding the conclusion, existence, invalidity, breach, termination or nullity which cannot be settled through amicable negotiations within 30 (thirty) days from the notification sent by the Association or the Employer regarding the potential dispute, will be definitively resolved by the competent courts located in the jurisdiction of the Association headquarters. The Employer hereby declares that through these Terms and Conditions he expressly accepts this conventional territorial jurisdiction in connection with the settlement of disputes.

In the event of a dispute, the party to be declared the winner by the court shall be entitled to recover all costs, including, without limitation, reasonable attorneys' fees, costs and expenses incurred in determining the party's rights and preparation for implementation and for the effective enforcement of the rights of that party, as decided by the court, whether or not it was necessary for that party to institute enforcement proceedings.

These Terms and Conditions contain the entire agreement between the Employer and the Association regarding the Access and the use of the Platform.

The Association has the right to make any changes to these Terms and Conditions, the new version being made available to the Employer by publication on the Platform.

Any notice or other communication in connection with these Terms and Conditions will be made in writing and will be sent to the Employer's e-mail address available in the Account, respectively to the Association e-mail address available in the Contact Section.

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