Terms and
conditions

For candidates

What’s in these terms?

These candidate terms (the “Candidate Terms“) set out the information applicable to candidates (the “Candidates“) who wish to use the Site and apply to the contractual agreement (hereinafter referred to as the “Agreement”) between Us and you on the other hand, who are interested in or use any career service that is offered at on the Site or other websites that incorporate these Terms of Use and our mobile applications (“apps”) (collectively referred to as “Service” hereinafter). Such websites and the apps are collectively referred to as “Platforms” hereinafter.

Use of the Site

The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities, career and professional development information including coding challenges and tests, and for employers seeking to recruit staff.

You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to us or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.

By using the Site you accept these terms

By using the Site, you confirm that you accept these Candidate Terms and that you agree to comply with them.

If you do not agree to these Candidate Terms, you must not use the Site.

We recommend that you print a copy of these Candidate Terms for future reference.

Object of the agreement and scope of the Services

We offer a variety of career services via the Platforms. We want to be your lifelong career assistant. If your life perspective changes, you are developing or reaching for new goals, we offer the right career support. We aim to build a long-lasting relationship, to build a product and a Service, that is available 7 days a week, 24 hours a day and which enables you to take your life and future in your own hands.

There are other terms that may apply to you

This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:

• Our Privacy policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate;
• If you are a recruiter, see our Recruiter terms below, which sets out information applicable to Recruiters.

We may make changes to the terms of these terms

We amend these Candidate Terms from time to time. Every time you wish to use the Site, please check these Candidate Terms to ensure you understand the terms that apply at that time.

Please view the “Effective from” date at the top of these terms to see when it was last revised.

Which country’s laws apply to any disputes?

These Candidate Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

For employers

The Services

From the date of this Agreement, in consideration for the payment of the Fees, hackajob shall provide the Customer with the services as described in this contract, which allow the Customer to source, assess and hire candidates ("Services").

The Services typically include the following key features: the facility to add jobs for "Opportunities" (meaning the Customer’s job opportunities) and review relevant matches; the facility to upload "Customer Information", meaning information about the Customer organisation or any opening; access to view the "Profile" of a Candidate who matches 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 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.

Customer’s Obligations

The Customer shall:

• use the Services and the Website in accordance with these Terms;
• comply with applicable laws and legislations;
• not upload or use documents, which are reasonably be deemed to: be offensive, illegal or inappropriate
• not use the Services and/or the Website with the purpose of impersonating another User or person;


Fees

The fees to access the Website and Services are through a recurring subscription (“SaaS”). The Customer may only access the Website and the Services by paying the Fees as set out on the Order Form.

All Fees are exclusive of VAT and all other taxes or duties, which are the responsibility of the Customer.

A Successful Match is when the Customer requests a candidate through Hackajob and the candidate accepts their request. A Successful Match will only be used if a candidate accepts the Customer’s request.

An Assessment Slot allows you to invite one candidate to take your technical test. An Assessment Slot will only be used once the candidate completes your test.

At the end of the Customer’s subscription, their package will auto-renew for the same length as their existing agreement. The Customer can prevent this happening at any point in their agreement by providing notice no later than 30 days before the renewal date.

Warranties

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 applicable laws regarding the Customer’s use of the Services and the Website;

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.

hackajob hereby warrants that:

1. has the right and capacity to enter into and be bound by these Terms;
2. shall comply with applicable laws regarding the Services and the Website;
3. at the date of delivery, the Website and the media upon which it is supplied is free from all viruses;

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 so long as hackajob provides reasonable written notice of any delays or failures in writing to the Customer as soon as possible. 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, fitness for 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.

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 copies 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: (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.

Indemnity

The Supplier shall defend the Customer, the Authorised Users, its affiliates and subsidiaries and its and their officers, directors and employees against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred or paid by the Customer arising out of or in connection with any claim brought against the Customer for actual or alleged infringement of a third party's intellectual property rights or violation of a third party’s right in any jurisdiction.

If the Supplier is required to indemnify the Customer under this clause, the Customer shall:

• notify the Supplier in writing of any claim against it in respect of which it wishes to rely on the indemnity in this clause
• allow the Supplier, at its own cost, to conduct all negotiations and proceedings and to settle the IPRs Claim, always provided that the Supplier shall obtain the Customer's prior approval of any settlement terms, such approval not to be unreasonably withheld;
• provide the Supplier with such reasonable assistance regarding the IPRs Claim as is required by the Supplier, subject to reimbursement by the Supplier of the Customer's costs so incurred; and
• not, without prior consultation with the Supplier, make any admission relating to the IPRs Claim or attempt to settle it, provided that the Supplier considers and defends any IPRs Claim diligently, using competent counsel and in such a way as not to bring the reputation of the Customer into disrepute.

In the defence or settlement of any claim, the Supplier may procure the right for the Customer to continue using the Services, replace or modify the Services without a reduction or alteration in functionality so that they become non-infringing.

In no event shall the Supplier, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on:

• a modification of the Services or Documentation by anyone other than the Supplier or its agents, subcontractors or partners or with the Supplier's 
  consent or approval and that modification has caused the infringement; or
• the Customer's use of the Services or Documentation otherwise than in accordance with the terms of this Agreement; or
• the Customer's use of the Services after having received written notice of the alleged or actual infringement from the Supplier or any appropriate authority.

SLA

The Supplier shall make the Services available 24 hours a day, seven days a week, except for:

• planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
  unscheduled maintenance performed outside Normal Business Hours, provided that the Supplier has used reasonable endeavours to give the
• Customer at least 6 Normal Business Hours' notice in advance.
• If the Services availability drops below 99.5% per quarter the Supplier shall pay to the Customer service credits in pro-rata amounts. If the Services availability drops below 99.5% during two consecutive calendar months, Customer may terminate this agreement on notice in writing to the Supplier.

The Supplier will, as part of the Services and at no additional cost to the Customer, provide the Customer with the Supplier's standard customer support services during Normal Business Hours.

hackajob shall provide written notice to the Customer as soon as possible 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 notify the Customer in writing before the planned service downtime, as soon as possible provided that hackajob is able to do so.

Limitation of liability

Nothing in this agreement excludes the liability of either party:

• for death or personal injury caused by the Supplier's negligence; or
• for fraud or fraudulent misrepresentation;

Neither Party shall be liable to the other Party for any of the following types of loss or damage, even if such party has been advised of the possibility of such loss or damage or if such loss or damage was reasonably foreseen:

• Incidental, indirect or consequential damages of any kind;
• Loss of business, profits, revenue, contracts or anticipated savings; or
• Loss or damage arising from loss, damage or corruption of any data.

Termination

Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:

the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
the other party commits a material breach of any other term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so

On termination of this agreement for any reason:

• all licences granted under this agreement shall terminate and the Customer shall cease all use of the Services and/or the Documentation within 60 days of the date of termination of this agreement;
• each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party;
• the Supplier shall return to the Customer any payments paid in advance on a prorated basis.
• the Supplier shall provide all assistance and information requested by Customer and shall co-operate with Customer and any replacement provider of
• the Services to facilitate a smooth transition from the Supplier; and
• any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
• On termination of this agreement for any reason, the Supplier:
• shall make no further use of the Customer Data;
• the Supplier shall return all Customer Data;.

Confidentiality

Each party undertakes that it shall not at any time, and for a period of five years after termination or expiry of this agreement, disclose to any person any confidential information concerning the business, affairs, Client, clients or suppliers or the other party or of any member of the group of companies to which the other party belongs, except as permitted by this clause.

Each party may disclose the other party's confidential information:

1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause on confidentiality; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

Compliance with laws

Supplier shall be solely responsible for and shall comply with all applicable laws, ordinances, rules and regulations imposed in connection with Supplier’s performance under this Agreement, including but not limited to laws and regulations applicable to: (a) the U.S. Foreign Corrupt Practices Act, the UK Bribery Act or any other laws or regulations regarding corruption or bribery; (b) the use of deceptive or misleading practices; or (c) the privacy of users of personally identifiable information and the collection, storage, transfer and any other processing of any personally identifiable information collected or used by Supplier in any manner or maintained by third parties having authorized access to such information (d) Supplier shall comply with the data protection laws which include rules and regulations under the GDPR and the Data Protection Act 2018.

No partnership or agency

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.

Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Governing law & Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Data protection & privacy policy

hackajob’s privacy policy will apply to its use of your personal data and can be found here.

General

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:

3.1 ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;

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:

3.7.1 complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and

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.

1. Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:

4.1 promptly inform the other party about the receipt of any data subject access request;

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.