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Terms and conditions

This agreement (the “Agreement”) between the SmartRecruiters customer (“Customer”) and SmartRecruiters Inc. (“SmartRecruiters”) sets out the terms and conditions (“Terms and Conditions”) applicable to the Customer’s use of the services provided by SmartRecruiters (the “Services”).

Subscribers to a paid plan are governed by the following Terms and Conditions.

1. Provision of the Services by SmartRecruiters

1.1 The Services provided by SmartRecruiters to the Customer shall be specified in one or more Service Order Forms (“Order[s]“).

1.2 Customer must ensure that a valid Order properly covers its use of the Services at all times. In the event that use or size of the Customer company accessing the Services exceeds the amount specified in the Order, Customer will be responsible for upgrading Customer’s subscription retroactively to the date of the last Order.

1.3 Availability of Services for subscribers to a paid plan is governed by the terms of the Service Level Agreement, the terms of which are incorporated herein by reference.

2. Fees, Invoicing and Payment

2.1 Customer agrees to pay SmartRecruiters all fees set forth in each Order (“Fees”). All Fees will be billed as indicated in each Order. If Customer has specified a credit card or direct withdrawal from a bank account as an applicable payment mechanism under this Agreement, Customer grants SmartRecruiters the right to charge the credit card or debit the bank account provided to SmartRecruiters for all Fees incurred under this Agreement. All Fees will be non-refundable once paid to SmartRecruiters (including upon any termination or suspension of this Agreement). Until paid in full, all past due Fees will bear an additional charge of the lesser of 1.5% per month or the maximum amount permitted under applicable law. SmartRecruiters may change any portion of the Fees by notifying Customer via email or through the Services of the change, such changes to take effect at the beginning of the next period of this Agreement. If SmartRecruiters requires use of collection agencies, attorneys, or courts of law for collection on Customer’s account, Customer will be responsible for those expenses. Customer will be responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement.  SmartRecruiters may condition provision or renewal of Services upon payment of past-due fees.

3. Term and Termination

3.1 This Agreement starts on the date of execution of the Order.  Except as otherwise specified in the Order, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. At that time, Customer authorizes SmartRecruiters to collect the applicable membership fees, allowing SmartRecruiters to use any valid payment source of yours that SmartRecruiters has on record.

3.2 This Agreement may be terminated by SmartRecruiters, at any time, in SmartRecruiters’ sole discretion upon any breach by Customer of this Agreement that remains uncured ten (10) days after SmartRecruiters delivers written notice to Customer of such breach, for any reason or no reason, upon notice to Customer. Without limiting SmartRecruiters’ right to terminate this Agreement, SmartRecruiters may also immediately and indefinitely suspend Customer’s access to the Services, with or without notice to Customer, upon any actual, threatened or suspected breach of this Agreement or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Services by SmartRecruiters. Upon termination or expiration of this Agreement for any reason: (a) all rights and subscriptions granted to Customer under this Agreement will terminate; (b) Customer will immediately cease all use of and access to the Services; (c) all Fees then owed by Customer will become immediately due and payable; (d) SmartRecruiters may delete any of Customer’s content held by SmartRecruiters within 10 days after the date of termination.

4. Fair usage

4.1. SmartRecruiters provides a recruiting software (the “Software”) which may only be used for the purposes of recruiting individuals for real jobs in real organizations. The Customer may not use the Services to advertise fake jobs; collect resumes and applicant data for any purpose other than hiring for real job openings; promote products and services, self-employment, work-from-home opportunities, or commissions-only positions; nor for any other use inconsistent with any applicable law, regulation or generally accepted recruiting practices or guidelines. The Customer understands that access to the Customer’s account may be restricted should the Customer be found to be in violation of any of these Terms and Conditions.

4.2. SmartRecruiters does not currently place a limit on data storage or usage, but may do so in the future at its sole discretion. The Customer should not seek to store more data on SmartRecruiters than is reasonably required for normal recruiting efforts.

4.3. SmartRecruiters believes in a world where hiring is fast, fair, social, open, easy. The Customer is discouraged from using the Services in a manner inconsistent with these values. In particular, SmartRecruiters abhors any form of discrimination in the hiring process.

4.4. Customer agrees not to attempt to access any of the Services by any means other than through the interface that is provided by SmartRecruiters nor to engage in any activity that interferes with or disrupts the Services or infringes on SmartRecruiters’ and/or its 3rd party vendors’ brand or intellectual property.

5. Add-on Services

5.1. SmartRecruiters is pre-integrated with a number of third party add-on services. These add-on services are provided by third party vendors. When the Customer purchases such services through the SmartRecruiters platform, the terms and conditions of those vendors apply to the Customer. The Customer is urged to review such terms and conditions before purchasing or otherwise accessing any such add-on services. SmartRecruiters cannot and does not take any responsibility for, nor makes any warrant on behalf of, such add-on services.

6. Data Privacy

6.1. SmartRecruiters’ treatment of Customer’s data is governed by the Privacy Policy found here, which is incorporated by reference into these Terms and Conditions.

7. Limitation of Liability

7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTRECRUITERS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, 3rd PARTY VENDORS, OR LICENSORS BE LIABLE FOR:

7.1.1. ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES;

7.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE Customer AS A RESULT OF:
- ANY RELIANCE PLACED BY THE Customer ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE Customer AND ANY PROVIDER OF ADD-ON SERVICES;
- ANY CHANGES WHICH SMARTRECRUITERS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE Customer’S USE OF THE SERVICES;

7.2. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMARTRECRUITERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7.3. Notwithstanding any other term contained in this Agreement, neither party shall be liable for any special, indirect, consequential, punitive or other non-foreseeable damages, including without limitation, any economic loss or loss of profit, whether such claim or action is in contract or tort.

7.4. The liability of SmartRecruiters to the Customer under or in relation to the subject matter of this Areement and related Orders shall be limited to the fees paid by the Customer in the last 12 months, regardless of whether such liability arises from a material breach of contract, tort or breach of statutory duty.

8. Intellectual Property

8.1. SmartRecruiters grants to the Customer a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to the Customer by SmartRecruiters and its 3rd party vendors as part of the Services. This license is for the sole purpose of enabling the Customer to use and enjoy the benefit of the Services as provided by SmartRecruiters, in the manner permitted by these Terms and Conditions.

8.2. The Customer may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, nor may the Customer permit anyone else to do so. This same limitation applies to the software and services of SmartRecruiters’ 3rd party vendors.

8.3. Unless the Customer has agreed otherwise in writing with SmartRecruiters, nothing in the Terms and Conditions gives the Customer a right to use any of SmartRecruiters or its 3rd party vendors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 

8.4 Customer RECOGNIZES THAT A VIOLATION OF ANY OF THE RESTRICTIONS AND LIMITATIONS PLACED ON IT BY THE TERMS OF THIS SECTION (INTELLECTUAL PROPERTY) MAY RESULT IN SUBSTANTIAL LEGAL FINES AND OTHER REMEDIES SOUGHT BY SMARTRECURITERS OR ITS 3RD PARTY VENDORS AS PERMITTED D BY THE FULLEST EXTENT OF THE LAW IN THE APPLICABLE JURISDICTION.

9. Professional Services

9.1. Customer may ask and SmartRecruiters may provide professional services (“Professional Services”) to assist with the implementation, training and integration of the Services.

9.2. Professional Services are charged on a time and material basis at the applicable daily rate in the location and at the time of order.

9.3. Daily rates correspond to an 8 hours work day. Travel time is charged at half time.

9.4. Travel and out-of-pocket expenses incurred during the course of providing Professional Services shall be charged back to the Customer at cost with a 5% handling fee. Any Travel costs exceeding $500 shall be approved in advance by the Customer.

10. General Terms

10.1. These Terms and Conditions constitute the entire agreement between the Customer and SmartRecruiters and govern the Customer’s use of the Services. SmartRecruiters may make changes to the Terms and Conditions from time to time. The Customer’s use of the Services after the date of the changes constitutes acceptance of the updated Terms and Conditions.

10.2. The Terms and Conditions, and the Customer’s relationship with SmartRecruiters under the Terms and Conditions, shall be governed by the laws of the State of Delaware of California. The Customer and SmartRecruiters agree to submit to the exclusive jurisdiction of the courts of the State of Delaware to resolve any legal matter arising from the Terms and Conditions.

10.3. Neither party will be required to comply with any obligation under this Agreement if such compliance is impeded by any event of force majeure as hereinafter defined. Events of force majeure shall mean an event which is beyond the control of the affected party and which such party could not anticipate or mitigate by means of insurance, contingency planning or any other prudent means. Notwithstanding the foregoing, if either party is affected by an event of force majeure it shall take all reasonable steps to minimise the impact of the force majeure event on the other party and to reduce the period of the impact of the force majeure event to the minimum. 

Those Customers not subscribed to a paid plan are governed by the following Terms and Conditions.

1. Provision of the Services by SmartRecruiters

1.1 The Services are provided “as is.” SmartRecruiters makes no warranty with respect to the quality or availability of the Services. SmartRecruiters may change the form and nature of the Services from time to time at its sole discretion and without prior notice to the Customer.

1.2 The Customer may stop using the Services at any time without notice. SmartRecruiters may terminate the Services at any time and at its sole discretion upon one-month notice to the Customer, during which time the Customer may request and obtain a copy of any data currently stored by the Customer in SmartRecruiters. any data transmitted by the Customer to SmartRecruiters over the course Customer’s use of the Services.

2. Fair usage

2.1. SmartRecruiters provides a recruiting software (the “Software”) which may only be used for the purposes of recruiting individuals for real jobs in real organizations. The Customer may not use the Services to advertise fake jobs; collect resumes and applicant data for any purpose other than hiring for real job openings; promote products and services, self-employment, work-from-home opportunities, or commissions-only positions; nor for any other use inconsistent with any applicable law, regulation or generally accepted recruiting practices or guidelines. The Customer understands that access to the Customer’s account may be restricted should the Customer be found to be in violation of any of these Terms and Conditions.

2.2. SmartRecruiters does not currently place a limit on data storage or usage, but may do so in the future at its sole discretion. The Customer should not seek to store more data on SmartRecruiters than is reasonably required for normal recruiting efforts.

2.3. SmartRecruiters believes in a world where hiring is fast, fair, social, open, easy. The Customer is discouraged from using the Services in a manner inconsistent with these values. In particular, SmartRecruiters abhors any form of discrimination in the hiring process.

2.4. Customer agrees not to attempt to access any of the Services by any means other than through the interface that is provided by SmartRecruiters nor to engage in any activity that interferes with or disrupts the Services or infringes on SmartRecruiters’ and/or its 3rd party vendors’ brand or intellectual property.

3. Add-on Services

3.1. SmartRecruiters is pre-integrated with a number of third party add-on services. These add-on services are provided by third party vendors. When the Customer purchases such services through the SmartRecruiters platform, the terms and conditions of those vendors apply to the Customer. The Customer is urged to review such terms and conditions before purchasing or otherwise accessing any such add-on services. SmartRecruiters cannot and does not take any responsibility for, nor makes any warrant on behalf of, such add-on services.

4. Data Privacy

4.1. SmartRecruiters’ treatment of Customer’s data is governed by the Privacy Policy found here, which is incorporated by reference into these Terms and Conditions.

5. Limitation of Liability

5.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTRECRUITERS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, 3rd PARTY VENDORS, OR LICENSORS BE LIABLE FOR:

5.1.1. ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES;

5.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE Customer AS A RESULT OF:
– ANY RELIANCE PLACED BY THE Customer ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE Customer AND ANY PROVIDER OF ADD-ON SERVICES;
– ANY CHANGES WHICH SMARTRECRUITERS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
– THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE Customer’S USE OF THE SERVICES;

5.2. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMARTRECRUITERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

5.3.  The liability of SmartRecruiters to the Customer under or in relation to the subject matter of this Areement and related Orders shall be limited to the fees paid by the Customer in the last 12 months, regardless of whether such liability arises from a material breach of contract, tort or breach of statutory duty.

6. Intellectual Property

6.1. SmartRecruiters grants to the Customer a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to the Customer by SmartRecruiters and its 3rd party vendors as part of the Services. This license is for the sole purpose of enabling the Customer to use and enjoy the benefit of the Services as provided by SmartRecruiters, in the manner permitted by these Terms and Conditions.

6.2. The Customer may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, nor may the Customer permit anyone else to do so. This same limitation applies to the software and services of SmartRecruiters’ 3rd party vendors.

6.3. Unless the Customer has agreed otherwise in writing with SmartRecruiters, nothing in the Terms and Conditions gives the Customer a right to use any of SmartRecruiters or its 3rd party vendors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

6.4 Customer RECOGNIZES THAT A VIOLATION OF ANY OF THE RESTRICTIONS AND LIMITATIONS PLACED ON IT BY THE TERMS OF THIS SECTION (INTELLECTUAL PROPERTY) MAY RESULT IN SUBSTANTIAL LEGAL FINES AND OTHER REMEDIES SOUGHT BY SMARTRECURITERS OR ITS 3RD PARTY VENDORS AS PERMITTED D BY THE FULLEST EXTENT OF THE LAW IN THE APPLICABLE JURISDICTION.

7. General Terms

7.1. These Terms and Conditions constitute the entire agreement between the Customer and SmartRecruiters and govern the Customer’s use of the Services. SmartRecruiters may make changes to the Terms and Conditions from time to time. The Customer’s use of the Services after the date of the changes constitutes acceptance of the updated Terms and Conditions.

7.2. The Terms and Conditions, and the Customer’s relationship with SmartRecruiters under the Terms and Conditions, shall be governed by the laws of the State of Delaware of California. The Customer and SmartRecruiters agree to submit to the exclusive jurisdiction of the courts of the State of Delaware to resolve any legal matter arising from the Terms and Conditions.

7.3. Neither party will be required to comply with any obligation under this Agreement if such compliance is impeded by any event of force majeure as hereinafter defined. Events of force majeure shall mean an event which is beyond the control of the affected party and which such party could not anticipate or mitigate by means of insurance, contingency planning or any other prudent means. Notwithstanding the foregoing, if either party is affected by an event of force majeure it shall take all reasonable steps to minimise the impact of the force majeure event on the other party and to reduce the period of the impact of the force majeure event to the minimum.