This document sets out the Terms and Conditions ("Terms") on which Hackajob LTD (Company No. 09279930) ("hackajob") provides customers with access to certain recruitment management services through the www.hackajob.co website ("Website"). Please read these terms very carefully before using the website and the hackajob services. By accessing or using this site in any way, including using the service, completing the registration process, paying monthly payments, agreeing to our Success Fee model and/or posting job(s), you agree that you have full capacity and authority to enter into this agreement on behalf of the customer company or organisation. If you do not accept these terms, you will not be able to use the website and the services. You are advised to print and retain a copy of these terms for future reference.
The website & services
Website is owned and managed by Hackajob LTD (Company No. 09279930). In consideration for the payment of the Fees, hackajob shall provide the Customer with the services as described on the Website, which allow the Customer to browse, screen, track and hire candidates ("Services"). The Services typically include the following key features: the facility to add jobs and hacks for "Opportunities" (meaning the Customer’s job opportunities) by using our hack library or requesting a custom hack. the facility to "Search", meaning to look through our talent pool for relevant matches that may suit their opportunities; the facility to upload "Customer Information", meaning information about the Customer organisation or any Opening; the ability to publish and export Openings to various social media services where they can be displayed to potential "Candidates", meaning persons seeking employment on a contract or permanent basis who register with hackajob; access to view the "Profile" of a Candidate who applies for an Opening with the Customer, which means the information submitted by a Candidate through the Service which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history; a comparison tool to compare Candidates for a specific Opening, and the facilitation and management of communications between the Customer and its Collaborators, and any Candidate, with respect to an Opening; and any other features and functionalities provided by hackajob to the Customer from time to time. For the avoidance of doubt, hackajob’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and hackajob, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party. hackajob may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer. hackajob shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, hackajob shall use its reasonable endeavours to notify the Customer in advance provided that hackajob is able to do so. Access to the Website and the Services may be granted to the Customer on a trial or ‘free’ basis ("Trial"). The Customer acknowledges and agrees that during the Trial, these Terms and conditions shall apply, as well as the following specific terms: access to the Services during the Trial will be provided at no cost to the Customer; such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of the Services; the functionality of the Services during a trial may be limited or restricted; and hackajob may withdraw or suspend the Customer’s access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services will be subject to payment of Fees or charges.
In order to use the Services, the Customer shall first be required to register with hackajob by completing the online registration form on the Website. hackajob shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email. hackajob reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to hackajob. If hackajob has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, hackajob at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract. At any time upon notice to the Customer, hackajob may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms. Upon registration the candidate agrees to let hackajob match him/her with employers hiring on the platform for relevant roles with the same Job Title they used when they signed up. The candidate agrees hackajob LTD has ownership over his/her profile for as long as specified in the agreements hackajob has with their clients.
The Customer shall at all times use the Services and the Website in accordance with these Terms. The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Collaborators and with Candidates, and all other material of any format ("Submissions"): comply with all applicable laws and legislations; do not infringe any intellectual property rights or other proprietary rights of any third party; not reasonably be deemed to: be offensive, illegal, inappropriate or in any way: promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person; display pornographic or sexually explicit material; promote any conduct that is abusive, threatening, obscene, defamatory or libellous; promote any illegal activities; provide instructional information about illegal activities, including violating someone else’s privacy or providing or create computer viruses; promote or contain information that you know or believe to be inaccurate, false or misleading; engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent; exploit people in a sexual or violent manner; invade or violate any third party’s right to privacy; and transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming"; and the Customer hereby indemnifies hackajob for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by hackajob which arise directly or indirectly from a breach by the Customer of this clause 3.2. Unless otherwise explicitly stated by hackajob, hackajob does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material. Notwithstanding clause 3.3, hackajob reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if hackajob has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms. The Customer shall not: at any time use the Services and/or the Website with the purpose of impersonating another User or person; and use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network. hackajob takes breaches of this clause 3 very seriously and therefore reserve the right to take any action that hackajob deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances hackajob may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. The Customer shall promptly notify hackajob if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.
Customer interaction with candidates
The Client agrees:
a. To be bound to these Terms by accepting details of, or viewing, or engaging, a candidate introduced by the Platform in a position offered by a Client or in any other position, or for a short-term appointment.
b. That these Terms contain the entire agreement between the parties.
c. That no variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Platform and the Client and are set out in writing and a signed copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
d. To notify the Platform immediately of any offer, acceptance of an offer and details of an offer which it makes to a Candidate.
e. If the Client progresses a candidate introduced by the Platform to a phone interview, face-to-face interview or any other stage of the client’s interviewing process, then the Client must notify the Platform within 24 hours of this decision.
f. If a candidate has already been introduced to the The Client through another channel, The Client must notify the Platform immediately, before updating the stage of the candidate on The Platform (e.g. Phone Interview, Technical Test, Under Review, etc.). If The Client fails to do so, The Platform will treat this candidate as one that has been introduced through the Platform.
The fees to access the Website and Services are either a 1) Monthly Access Fee ("SAAS") or a 2) Success Fee ("SF"). Other than where the Customer is participating in a Trial (agreed in writing by hackajob), the Customer may only access the Website and the Services by paying the Fees. Unless stated otherwise on the Website or agreed by hackajob in writing, the Fees shall be payable by the Customer monthly in advance, in the manner as set out on the Website. The choice of payment terms will be explicitly chosen by the Employer before any access is given.
The "SAAS" Fees may be based on the number of Features the Customer is permitted to create in its use of the Services and are as set out on the Website ("Employers Page"). Unless stated otherwise on the Website or agreed by hackajob in writing, the Fees shall be payable by the Customer monthly in advance, in the manner as set out on the Website. All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason whatsoever. The Fees or any rate of charge may be increased by hackajob upon not less than thirty days prior written notice to the Customer, which notice may be provided through the Website. The Customer can pause or cancel their account at any point, with no notice period needed.
Once an Employer has been approved on to the platform, the Employer will be allowed to search and contact candidates. If a candidate found through our use of Services accepts an Employer’s offer, the Employer will be charged a Success Fee. In this Agreement, Success Fee shall refer to: 1) a 15% success fee of the candidate’s yearly starting salary or 2) any % success fee agreed with the company. In the case of an Employment engagement, the Employer will pay the following success fee option: 1) a 15% success fee of the candidate’s yearly starting salary, ("Success Fee") which shall be due and payable thirty days after the start date; 2) any % success fee agreed with the company ("Success Fee") which shall be due and payable thirty days after the start date. Employers are due to notify hackajob Promptly once a Prospective Employee has accepted an offer and inform hackajob of the start date for such Prospective Employee. The Employer shall provide hackajob with either 1) a copy of a fully executed Offer, or 2) execute a document between Employer, hackajob and Employee that states employment terms, including Start Date and compensation. If an employer first engages with a candidate through hackajob’s services and choose not to pursue that candidate immediately, but does so in the following six months from original engagement, then The Employer will still owe hackajob the Success Fee agreed originally. In the event of a Success Fee dispute, the Employer must establish that they had an Active Process, defined below, with the Prospective Employee before using our site and service and at which point they will be exempt from paying the Success Fee. That being said, hackajob have the final determination as to whether a Success Fee is owed by the Employer. An "Active Process" can be defined as direct communication, in active recruitment or hiring context, where a decision to put a candidate on hold or reject has not been made, within 3 months prior to using the site and services. If you are an employer who is using hackajob, you agree to these Success Fee terms and acknowledge that hackajob may choose to pay a portion of this success fee to the prospective employee. If you do not agree with these terms, please stop using your hackajob account immediately. Your obligation to pay any success fees will still be in place, even after any termination of this agreement. If an Employer circumvents our Site and Service after discovering an Employee through our site and service and then hires that Employee, the Employee agrees to pay and hackajob will invoice the Employer a success fee equal to 25% of the first year salary, and hackajob will be able to terminate the Employer’s account.
The Customer may terminate their Contract at any time by cancelling their subscription on the Website, provided that any Fees already paid by the Customer are non-refundable. hackajob shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services: if hackajob’s network providers and suppliers cease providing hackajob with their services; or if hackajob has reason to believe that the Customer has breached any of the provisions of these Terms. Upon termination of the Customer’s Contract in accordance with this clause 6, the Customer may no longer access or use the Services and the Website.
The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and (c) and the Customer agrees to abide by the rules and reasonable directions of hackajob relating to the Website as may be provided by hackajob from time-to-time. hackajob relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to the Customer. Whilst hackajob takes all reasonable steps available to it to provide the Customer with a good level of service, hackajob does not guarantee that such service shall be fault free or uninterrupted at all times. hackajob therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of hackajob’s service providers. Except as expressly set out herein, to the maximum extent permitted by law, hackajob, expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed. hackajob may display or provide links or other interaction with third party websites and third party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide the Customer with the opportunity to connect and publish Openings and other Customer Information through Third Party Websites and other third party services such as social and business networking sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and subject to the terms and conditions of the Third Party Website provider.
Limitation of liability
Subject to clauses 8.2 and 8.3, the maximum aggregate liability of hackajob (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a sum equivalent to the total Fees received by hackajob for a period of six (6) months preceding the event giving rise to liability. To the extent permitted by law, hackajob expressly excludes: all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law; any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage; loss of profit; loss of income or revenue; loss of business or contracts; loss of data; loss of goodwill and reputation; loss of expectation; loss of opportunity; or loss arising out of or in connection with wasted management or office time; arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. Nothing in these Terms shall serve to limit or exclude hackajob’s liability for death or personal injury resulting from hackajob’s negligence or any liability for fraudulent misrepresentation.
Intellectual property rights
hackajob and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from hackajob to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with hackajob and/or hackajob’s licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by hackajob and the relevant third party licensors. The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer; and the Customer may draw the attention of other Users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms. The Customer shall not, and shall procure that Collaborators shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website. The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Openings and all information and materials provided by the Customer to hackajob. The Customer hereby grants hackajob, a perpetual, sub-licensable, worldwide, royalty-free licence to publish and make available on the Website the Customer Information, Openings and all other information and material provided by the Customer to hackajob in respect of the Services, for the purpose of providing the Services to the Customer. The Customer hereby indemnifies hackajob against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Openings, and all other information and material provided by the Customer to hackajob.
If hackajob fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by hackajob of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing. All notification and communication to hackajob should be sent to the contact details made available to the Customer on the Website. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law. These Terms represent the entire agreement between the Customer and hackajob in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing. The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms. hackajob reserves the right to modify these Terms at any time. Any changes hackajob may make to this document in the future will be notified and made available to the Customer using the Website. These Terms shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts.
How customers should deal with candidate data
In this clause, the following definitions will apply:
Agreed Purposes: (i) in respect of Candidate Data, for the purpose of assessing if the Candidate is suitable for employment with the Client, and related purposes; (ii) in respect of Staff Data, for the purpose of contacting the staff of the other party for business purposes.
Candidate Data: personal information relating to a Candidate supplied by the Platform to the Client, including name, address, email address, telephone number, date of birth, gender, employment history, qualifications, experience, personal statement, profile photo and other information of a personal nature.
Controller, processor, data subject, personal data, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation in force at the time.
Data Protection Legislation: (i) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation (UK Legislation), for so long as the GDPR is effective in the UK, and (ii) any successor legislation to the GDPR and UK Legislation.
Permitted Recipients: the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement.
Shared Personal Data: the personal data shared between the parties under clause 1.
Staff Data: the personal data of the staff of a party, including name, telephone number, email address and office address.
1. Shared Personal Data. This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that (i) in respect of Candidate Data, the Platform will disclose such data to the Client and (ii) in respect of Staff Data, each party will disclose to the other party such data, for the Agreed Purposes.
2. Effect of non-compliance with Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
3. Particular obligations relating to data sharing. Each party shall:
3.2 give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
3.3 process the Shared Personal Data only for the relevant Agreed Purpose;
3.4 not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
3.5 ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
3.6 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
3.7 not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
3.7.2 ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
4. Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
4.2 provide the other party with reasonable assistance in complying with any data subject access request;
4.3 not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
4.4 assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
4.5 notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
4.6 at the written direction of the party disclosing the Shared Personal Data, delete or return Shared Personal Data and copies thereof to that party on termination of this agreement unless required by law to store the personal data;
4.7 use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
4.8 maintain complete and accurate records and information to demonstrate its compliance with this clause 7 and allow for audits by the other party or the other party's designated auditor; and
4.9 provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation.