Funnelting Technologies B.V. OPERATES THE WEBSITE AT WWW.FunnelRecruit.COM (“FunnelRecruit“) and WWW.Funnelting.COM (Funnelting) or (THE “SITE“) AND PROVIDES THE SERVICE AND FUNCTIONALITY MADE AVAILABLE ON OR THROUGH THE SITE. (“FunnelRecruit“) SITE AND SERVICE INVOLVES THREE DISTINCT SETS OF USERS (“USERS”): (I) AN EMPLOYER (“EMPLOYER”), WHO CREATES POSITIONS ON FunnelRecruit SEEKING CANDIDATES FOR EMPLOYMENT (“JOBCAST”); (II) AN AGENCY RECRUITER (“RECRUITER”), WHO SUGGESTS AND SUBMITS CANDIDATES TO FILL THE VACANCY; AND (III) A CANDIDATE (“CANDIDATE”), WHO IS AN INDIVIDUAL SUGGESTED BY RECRUITERS TO FILL A JOBCAST AND BE HIRED BY EMPLOYERS. ALL EMPLOYERS AND RECRUITERS ARE REQUIRED TO AGREE TO THE TERMS. BY CLICKING THE “SIGN UP” BUTTON, ACCEPTING THESE TERMS IN WRITING, OR USING FunnelRecruit SITE AND/OR ANY SERVICES RELATING TO THESE TERMS, USERS AGREE TO THESE TERMS OF SERVICE.
Users may not use the Service, or accept these Terms, if (a) Users are not of legal age to form a binding contract with FunnelRecruit; or (b) Users are prohibited by law or a contract or agreement. If Users are entering into these Terms on behalf of a company or other legal entity, Users represent that Users have the authority to bind such entity to these Terms.
Based on the kind of User you are, certain additional terms will apply (“Additional Terms“). Such Additional Terms are incorporated by reference herein as applicable. If there is any conflict between these Terms and the Additional Terms, the Additional Terms take precedence in relation to the Service. These Terms, and any applicable Additional Terms, are referred to herein as the “Terms.“
FunnelRecruit may change elements of its Service from time to time at its sole discretion. Should FunnelRecruit make any substantial changes to these Terms, FunnelRecruit will notify Users by sending an email to the last email address Users provide to us or by posting notice of the change on the Site. Any material changes to these Terms will be effective immediately for any and all subsequent JobCasts and Submissions (defined in the Additional Terms) but will not affect any JobCast existing prior to the date of such notice. FunnelRecruit may require User to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. Otherwise, Users’ continued use of the Site or the Service constitutes Users’ acceptance of the changes. Please regularly check the Site to view the then-current Terms. If Users object to the revision, Users’ sole and exclusive remedy will be to cease the use of the Service.
1 LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant.
Subject to the terms and conditions of these Terms, FunnelRecruit grants Users a non-exclusive, non-transferable license to use the Service solely for Users’ internal business purposes for the duration of the Term as defined below.
Users agree that Users will not: (a) permit any third party to access and/or use the Service; (b) rent, lease, loan, or sell access to the Service to any third party; (c) interfere with, disrupt, alter, translate, or modify the Service or any part thereof, or create an undue burden on the Service or the networks or services connected to the Service, including any external websites that are linked to via the Service; (d) reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service; (e) without FunnelRecruit’s express written permission, introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Service; (f) perform or publish any performance or benchmark tests or analyses relating to the Service or the use thereof; or (g) cover or obscure any page or part of the Service via HTML/CSS, scripting, or any other means, if any.
Except as expressly set forth herein, no express or implied license or right of any kind is granted to Users regarding the Service or any part thereof. In addition, Users agree not to use, or encourage or permit others to use, the Site or Service to (w) stalk and/or harass another; (x) harm minors in any way; (y) impersonate any person or entity, or falsely state or otherwise misrepresent Users’ affiliation with a person or entity; or (z) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise).
1.3 Usernames and Passwords.
FunnelRecruit will provide Users with a unique username and password to enable access to the Service pursuant to these Terms. Users will: (a) provide true, accurate, current and complete information as prompted by FunnelRecruit’s registration form (including a valid email address) when registering on the Service and creating an “Account“; (b) be responsible for the confidentiality and use of Users’ username and password; (c) not share, transfer or resell Users’ Account or use of or access to the Service to any third party; and (d) keep all information in Users’ Account true, accurate, current and complete. Users agree not to create an Account using a false identity or information, or on behalf of someone other than the User. Users agree that Users will not have more than one Account at any given time. Users agree not to create an Account or use the Service if Users have been previously removed by FunnelRecruit, or if Users have been previously banned from the Service. FunnelRecruit reserves the right to terminate any username and password, which FunnelRecruit reasonably determines may have been used by an unauthorized third party. Only Employers can create an Account. Recruiters are Funnelting users which been allocated to the site via the company. Notwithstanding anything to the contrary herein, Users acknowledge and agree that Users will have no ownership or other property interest in Users’ Account, and Users further acknowledge and agree that all rights in and to Users’ Account, other than Users’ Content as defined below, are and will forever be owned by and inure to the benefit of FunnelRecruit.
1.4 IP Ownership.
The Service and any of the FunnelRecruit’s proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, and other tangible or intangible technical material or information made available to Users by FunnelRecruit in providing the Service and as well as any intellectual property rights therein (the “FunnelRecruit Technology“) is the exclusive property of Funnelting Technologies B.V. Except as expressly set forth herein, no express or implied license or right of any kind is granted to Users regarding the Service or the FunnelRecruit Technology, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the FunnelRecruit Technology. All rights not expressly granted to Users are reserved to FunnelRecruit. Ownership of all work product, developments, inventions, technology or materials provided by FunnelRecruit under these Terms will be solely owned by FunnelRecruit. FunnelRecruit, in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Users to FunnelRecruit in connection with the Service (all such comments and suggestions, collectively, “Feedback“). Users hereby grant FunnelRecruit a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback into FunnelRecruit products and services.
2 Funnelting Technologies B.V.
USERS ACKNOWLEDGE AND AGREE THAT FunnelRecruit MERELY PROVIDES A TECHNOLOGY PLATFORM AND IS NOT RESPONSIBLE FOR HIRING DECISIONS. EACH EMPLOYER MAKES AND SOLELY CONTROLS ALL DECISIONS WITH RESPECT TO HIRING OR NOT HIRING PRESENTED CANDIDATES.
Certain features of FunnelRecruit’s Service require the payment of fees. All fees will be described and set forth in the Additional Terms based on the type of User you are. Where applicable, Users agree to provide FunnelRecruit with complete and accurate billing and contact information. This information includes Users’ legal company name, street address, email address and name and telephone number of an authorised billing contact, and the User’s bank name, and bank account and numbers. Users agree to immediately update this information upon any change to it. If the contact information Users have provided is false or fraudulent, FunnelRecruit may terminate Users’ access to the Service in addition to any other legal remedies. Any form of cancellation as described in section 7 (termination)
4 CONTENT AND CONDUCT.
4.1 User Content.
Users acknowledge that all content, information, data, text, files, images, or other materials (“Content“) is the sole responsibility of the party from whom such Content originated. This means that Users, and not FunnelRecruit, are entirely responsible for all Content the Users provide or make available through the Service (“User Content“), and other Users are similarly responsible for Content they make available (“Other User Content“). Except as set forth in any Additional Terms, Users may not distribute or sell, rent, lease, license or otherwise make any Other User Content available to others. Users acknowledge that FunnelRecruit has no obligation to pre-screen Content (including User Content and Other User Content), although FunnelRecruit reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, Users hereby provide Users’ irrevocable consent to such monitoring. In the event that FunnelRecruit pre-screens, refuses or removes any Content, Users acknowledge that FunnelRecruit will do so for FunnelRecruit’s benefit, not Users’. Without limiting the foregoing, FunnelRecruit will have the right to remove any Content in our sole discretion, including Content that violates the Terms, applicable law, or is otherwise objectionable. Users should keep and maintain Users’ own copy of all Users’ Content that is provided to the Service and FunnelRecruit as FunnelRecruit is not obligated to and back up any Content that is posted on the Service.
4.2 Stored Data.
Users hereby grant to FunnelRecruit a right to use User Content to create anonymized aggregated data, industry reports and/or statistics (“Aggregate Data“) to be used for FunnelRecruit’s business purposes and industry reporting and education; provided, however, that such Aggregate Data will not: (a) personally identify Users, any other User or any other individual; or (b) otherwise enable a third party to determine which portion of the Aggregate Data is attributable to Users. As between the parties, FunnelRecruit will own all right, title and interest in and to the Aggregate Data.
Users will engage in all undertakings related to these Terms in a professional manner in accordance with industry standards. Without limiting the foregoing, Users will comply at all times with all applicable laws and regulations of any jurisdiction where Users act in performance of these Terms, including: (a) laws on background checks; (b) data protection laws; and (c) EU. and foreign anti-corruption laws. Users, Users’ agents, or anyone acting on Users’ behalf may NOT offer, promise or provide any item of value, pay bribes, or make improper payments to public officials directly or indirectly in order to: obtain new business, retain existing business, and/or secure any improper advantage. Any accepted local practices to the contrary are inapplicable.
4.4 Data Security.
FunnelRecruit shall maintain reasonable administrative, physical, electronic and managerial procedures appropriate to FunnelRecruit’s size and structure and that are designed to appropriately protect the confidentiality, integrity, and availability of information that FunnelRecruit accesses or that FunnelRecruit collects, receives from, or maintains on behalf of its clients. Such shall include, but are not limited to, (a) access controls, including password change controls, to ensure access to information resources is granted on a need to know and least privileged basis to prevent unauthorized access or disclosure of information, (b) device and software management controls to guard against viruses and other malicious or unauthorized software, (c) industry standard encryption safeguards as appropriate and where required by law, (d) logging procedures to proactively record user and system activity for routine review, and (e) facility access and protection controls to limit physical access to information resources and guard against environmental hazards (e.g., water or fire damage). FunnelRecruit shall continuously review such procedures and technology to ensure they remain consistent with industry standards. FunnelRecruit shall notify User immediately upon any breach of the security of data in the custody of FunnelRecruit or any of its third-party service providers of which it becomes aware.
4.5 Content Provided by Other Users.
FunnelRecruit is not responsible for and does not control Other User Content. FunnelRecruit has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to Other User Content. Users use all Other User Content and interact with other Users at Users’ own risk.
4.6 User Interactions.
Users are solely responsible for Users’ interactions with other Users of the Service and any other parties with whom Users interact through the Services; provided, however, that FunnelRecruit reserves the right, but has no obligation, to intercede in such disputes. Users agree that FunnelRecruit will not be responsible for any liability incurred as the result of such interactions. FunnelRecruit will have the final determination as to the outcome of any dispute related to the Service. Users will indemnify FunnelRecruit from a claim by any third party (including any User) related to Users’ breach of these Terms.
4.7 User communication
Within the site users can communicate via a designated chat window. This communication tool is for the sole purpose to submit information or questions related candidates and vacancies. Any other use or misuse, harassment, bullying, aggressive behaviour, or anything else not job or candidate related, may result in suspension of user accounts. Users are free to forward by email examples where communication violates our user policy. Funnelting Technologies B.V. IS NOT RESPONSIBLE FOR ANY DAMAGES RESULTING from any communication and or misbehaviour.
4.8 Misuse & Prosecution
By intentionally misusing the use of FUNNELRECRUIT and its customers, other then the service is intent to be, this includes; harassment, name calling, sending material other then resumes or job related content, with the purpose of harming, bullying, making fun of, or anything else not recruitment service related, accounts will be suspended and if harm has done to the Funnelting business, the user will be prosecuted, this policy applies for paying users as for trial users.
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS,” AND Funnelting Technologies B.V. MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICE (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO USERS BY FunnelRecruit. Funnelting Technologies B.V. DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT AS EXPRESSLY PROVIDED HEREIN Funnelting Technologies B.V. MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET USERS’ REQUIREMENTS; (2) USERS’ USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. FunnelRecruit DOES NOT GUARANTEE IN ANY WAY THAT ANY EMPLOYER WILL FILL A JOBCAST OR THAT A RECRUITER WILL FIND A JOB FOR A CANDIDATE OR OBTAIN A CERTAIN AMOUNT (OR ANY) REVENUE THROUGH THE SERVICE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT USERS’ OWN RISK, AND USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS’ PROPERTY OR PERSON, INCLUDING USERS’ COMPUTER SYSTEM AND ANY DEVICE USERS USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
USERS ARE SOLELY RESPONSIBLE FOR ALL OF THE USERS’ COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. USERS UNDERSTAND THAT FunnelRecruit DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE.
5.2 Internet Delays.
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Funnelting Technologies B.V. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
5.3 Outage and scheduled maintenance
When the service is not accessible during an outage or (SCHEDULED) maintenance, users may experience a period that the site is not available. In normal circumstances this outage during maintenance will not be longer then two (2) hours. If a planned maintenance occurs FunnelRecruit will let her users know before the outage will take place. Funnelting Technologies B.V. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH OUTAGES
6 LIMITATION OF LIABILITY.
6.1 Types of Damages.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH FunnelRecruit’S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE THE SERVICE OR OTHER PRODUCTS OR SERVICES HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF FunnelRecruit HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT WILL FunnelRecruit BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES.
6.2 Amount of Damages.
THE MAXIMUM LIABILITY OF ANY PARTY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED EURO (€100.00); AND (B) THE FEES EXCHANGED BETWEEN THE TWO PARTIES, LESS ANY FEES THAT HAVE BEEN PAID OR ARE OWED TO OTHER USERS, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE PARTY’S LIABILITY.
6.3 Basis of the Bargain.
The parties agree that the limitations of liability set forth in this section will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and these Terms entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.
These Terms will continue to apply until terminated by either Users or FunnelRecruit as set forth below (the “Term”).
7.2 Termination by User.
If Users want to terminate Users’ agreement with FunnelRecruit anytime by emailing FunnelRecruit at support@FunnelRecruit.com. Subject for lost of income as described under section 7.5
7.3 Termination by FunnelRecruit.
FunnelRecruit may at any time terminate these Terms and Users’ access to the Service by notifying Users in writing at any time if (a) Users have breached any provision of these Terms (or have acted in a manner that clearly shows Users do not intend to, or are unable to, comply with these Terms); (b) Funnelting Technologies B.V. is required to do so by law (for example, where the provision of the Site or Service to Users is, or becomes, unlawful); (c) the provision of the Service to Users by FunnelRecruit is no longer commercially viable; or (d) FunnelRecruit has elected to discontinue the Site or the Service (or any part thereof). Subject for lost of income or other incentives as described under section 7.5
7.4 Effect of Termination.
Termination of Users’ account includes: (a) removal of access to all offerings within the Service; (b) deletion of Users’ password and all related information; and (c) barring of further use of the Service. Upon expiration or termination, Users will promptly discontinue use of the Site and the Service. Funnelting Technologies B.V. reserves the right to terminate any JobCasts as a result of any such termination. Should the Employer terminate the Agreement or should Funnelting Technologies B.V. terminate the Agreement. The sections titled IP Ownership, Content and Conduct, Disclaimer, Limitation of Liability, Termination, Miscellaneous, and Indemnification and Hold Harmless of these Terms will survive any termination or expiration of the Terms as well as any other terms that by their nature ought reasonably to survive termination or expiration. Or as described under section 7.5
7.5 Cancellation of Service
When a recruiter cancels or terminates the subscription, the service will end on the last day of initial renewal day. Submitted candidates by user which are in New or Review will be owned over by Funnelting Technologies B.V. Candidates in Interview or Offer status are subject to recruiters ownership. If a candidate in Interview or Offer will be hired, the recruiter is eligible to receive the Placement Fee regardless of cancellation date. Fee will be paid as written under section 9.6. Any non-paid subscription fee by user, or any other outstanding payments will or can be deducted from the placement fee. Collection costs may be applied. This section contributes to section 7.2, 7.3 and 7.4
8.1 Electronic Communication.
The communications between Users and FunnelRecruit use electronic means, whether Users visit the Site or send FunnelRecruit e-mails, or whether FunnelRecruit posts notices on the Service or communicates with Users via e-mail. For contractual purposes, Users (1) consent to receive communications from FunnelRecruit in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FunnelRecruit provides to Users electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Users’ statutory rights.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersede and merge all prior discussions between the parties with respect to such subject matters. Except as otherwise expressly specified in these Terms, the rights and remedies provided to each party are cumulative and in addition to any other rights and remedies available to such party at law or in equity. Users agree not to export, re-export, or transfer, directly or indirectly, any EU technical data acquired from FunnelRecruit, or any products utilising such data, in violation of the European Union export laws or regulations. All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used herein, the word “including” means “including but not limited to.” All notices required or permitted hereunder will be by email firstname.lastname@example.org . Any delay in the performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. Users’ relationship to FunnelRecruit is that of an independent contractor, and neither party is an agent or partner of the other. Users will not have, and will not represent to any third party that it has, any authority to act on behalf of FunnelRecruit or Funnelting Technologies B.V.
8.3 Information Security.
FunnelRecruit has implemented security safeguards designed to protect the personal information that Users provide in accordance with industry standards. To protect any data Users store on FunnelRecruit’s servers, FunnelRecruit also regularly monitor FunnelRecruit’s system for possible vulnerabilities and attacks, and FunnelRecruit uses a tier-one secured-access data center. FunnelRecruit does not rent or sell personal information that Users have posted on FunnelRecruit’s Services, and Funnelting Technologies B.V. does not share Users’ information with third parties except where it’s necessary to perform the Services described herein.
However, since the Internet is not a 100% secure environment, Funnelting Technologies B.V. cannot ensure or warrant the security of any information that Users transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of FunnelRecruit’s physical, technical, or managerial safeguards. It is Users’ responsibility to protect the security of Users’ login information as described in Section 1.3 above.
POSTING VACANCIES AND USING THE SERVICE.
All vacancies must be for bona fide positions that the Employer is ready to make an immediate hire for. Employer will proactively, and on a timely basis, communicate the progress of a vacancy through the Site (e.g., when Candidates are contacted, dispositioned, interviews are scheduled and completed, offers are made, etc.). Employer will also immediately input the details of any hires to the Site (such as start date and offered Salary). Employer may communicate directly with Candidates who have been submitted and the Recruiters who have submitted such Candidates
9 EMPLOYER FEES.
9.1 Fee Criteria, Rates, and Ownership.
If Employer or any of its affiliates hires a Candidate submitted to their JobCast through the Site or submitted directly to the Employer by any contingent agency at any time within one hundred eighty (180) days (“Ownership” period)of the date of the Candidate’s entry onto the Site (for the job in the JobCast or any other position), Employer will pay FunnelRecruit a percentage (as defined by Section 13.1A) of the Candidate’s Offered Salary (the “Placement Fee”).
9.2 Offered Salary.
“Offered Salary” shall be defined:
the Offered Salary is the base salary offered to a hired candidate excluded Bonuses and other incentives, OR
in the case of an hourly employee, as the hourly wage multiplied by 2000 hours, OR
in the case the Employer does not disclose the hired Candidate’s actual compensation, as the top-end of the compensation indicated in the JobCast.
9.3 Exceptions to the Fee.
Notwithstanding the foregoing, an Employer Placement Fee will not be owed only if the Employer can demonstrate:
Employer had prior documented, two-way communication with a Candidate, where the Candidate responded, within one hundred eighty (180) days prior to the posting of the JobCast, provided that Employer will immediately notify FunnelRecruit of such fact upon becoming aware thereof; or
The Candidate is hired through an independent search by a different hiring manager to a legally independent division or subsidiary within the same corporate family, which does not share a common Applicant Tracking System or Candidate Database.
9.4 Backdoor Hires.
Should Employer locate a Candidate that was introduced to Employer through a JobCast and initiate communication without informing FunnelRecruit, which ultimately leads to the hire of the Candidate within one hundred eighty (180) days of Candidate’s submission to the JobCast, FunnelRecruit will still be owed an Employer Placement Fee.
9.5 Circumvention of Workflow.
Should the Candidate be introduced to the Employer’s position through a JobCast and fail to confirm their interest through the Site, but instead contact and apply to the Employer directly, FunnelRecruit will still be owed an Employer Placement Fee provided that FunnelRecruit can provide timestamped evidence that the Candidate received notification about the position through the Site prior to applying directly with the Employer.
9.6 Fees Payment and VAT.
Employer will pay all Placement Fees directly to Funnelting Technologies B.V. Funnelting Technologies B.V. will be responsible for paying all fees owed to Recruiters in connection with any JobCast and related placements made by the Employer. Employers are not to pay invoices sent directly from any Recruiters. Any invoice paid to Recruiters outside the FunnelRecruit system will be considered not paid. Invoices will be send on the 45th day of employment and held in escrow until the 60th day of employment. Invoices will be paid by bank, provided in the invoice. NON-EU companies will be VAT exempt, EU-Companies outside The Netherlands will VAT exempt by EU cross-border law, Companies based in The Netherlands are subject to 21% VAT. The same VAT structure applies for the Recruiters. Funnelting Technologies B.V. will payout fees to recruiters, the first Friday after the 60 days grey period. Funnelting is not liable when Employer did not paid the Placement Fee on time. By disputes between Employer, Employee and Recruiter, Funnelting will mediate for a solution.
9.7 Other Responsibilities.
Employer is responsible for all the costs and effort associated with recruiting, background checking, on-boarding, and training a Candidate found through a JobCast.
9.8 Default of Payment.
If Employer fails to pay undisputed amounts in accordance with these Terms, FunnelRecruit may suspend any outstanding JobCasts.
10 PLACEMENT GUARANTEE.
If a Candidate is hired by Employer, and Candidate is within the first 60 days of employment:
No-show for work without notifying the employer
Voluntarily leaves the company
the company is eligible for Placement Guarantee and placement fee is 100% refundable. Hiring mistakes are not subject to Placement Guarantee.
11 EMPLOYER NAME; LOGO.
FunnelRecruit may use the Employer’s company name, logo, or other marks for the purposes of providing the services described herein. FunnelRecruit acknowledges that all rights, titles, or interests in the Marks shall remain the property of the Employer.
ADDITIONAL TERMS APPLICABLE TO RECRUITERS
12 CANDIDATES AND SUBMISSIONS.
From time to time, Recruiter may submit through the Service information about Candidate(s) whose qualifications match the requirements for the JobCast (each, a “Submission” and the act of making a Submission to “Submit“).
12.1 Vetting and Candidate Opt-in.
Prior to making any Submission, Recruiter must have matched the Candidate’s general qualifications to those stated for the applicable JobCast and obtained consent from the applicable Candidate: (a) for Recruiter to make such Submission; and (b) to the fact that personal data about the Candidate, whether obtained from the Candidate or the Recruiter, may be retained and used by Employer and neither FunnelRecruit nor Recruiter controls such Employer or how it uses such data (or where such data is stored by the Employer). Recruiter will be responsible for checking and confirming any Candidate references, including the confirmation of any professional or academic qualifications as well as certifications or other work permits necessary to satisfy the suitability of the candidate prior to submission for the JobCast.
12.2 Submission Criteria; Confirmation.
A Submission will be “Completed” when the Candidate has directly confirmed their interest in the position through Recruiter verbally or in writing. Recruiter may not confirm interest on behalf of Candidates.
12.3 Candidate Ownership.
In order to be eligible for an “Agency Placement Fee,” a Recruiter must have “Ownership” of a Candidate. Ownership will only result from a Completed Submission. The “Ownership Period” is one hundred eighty (180) days from the date of a Completed Submission.
In the case where only one Recruiter has a Completed Submission for a Candidate at a given Employer, that Recruiter will Own the Candidate for any role at that Employer, including roles that are not posted on FunnelRecruit, for the duration of the Ownership Period.
If multiple Recruiters submit the SAME Candidate to the SAME Employer, Ownership will be granted accordingly in the following scenarios:
If multiple Recruiters submit the same Candidate to the SAME JobCast, Ownership will be granted to the Recruiter who received the first Completed Submission, not the Recruiter who first entered the Candidate into the Services;
If multiple Recruiters achieve Completed Submissions for the same Candidate on DIFFERENT JobCasts, Ownership will be awarded to the Recruiters at those respective JobCasts. Note that Agency Placement Fees will be awarded to the Recruiter who Owns the Candidate for JobCast with the same role for which they were ultimately hired, regardless of the JobCast where the hire was marked by the Employer;
Should none of the JobCasts correspond to the role for which the Candidate is hired, Ownership and Agency Placement fees will be awarded to the first Recruiter who got a Completed Submission for the Candidate on FunnelRecruit, provided the Submission was within the Ownership Period. Should the Ownership period have lapsed, Ownership will be awarded to the Recruiter with the next oldest Completed Submission that falls within the Ownership Period.
12.4 Candidate Rejection.
A Candidate may be “Rejected” for Ownership if it is subsequently determined that the Employer communicated with such Candidate in the one hundred eighty (180) days prior to the Submission regarding the position referenced in the applicable JobCast.
12.5 Ownership Disputes.
If there is any dispute related to Ownership of a Candidate (including the validity of any Rejection), the final determination will be made solely by Funnelting Technologies B.V.
13 RECRUITMENT FEES AND TAXES.
13.1 Fee Criteria.
Placement Fees for Submitted Candidates who HIRED will be paid to Recruiter made in accordance with FunnelRecruit’s standard Fee Schedule. Agency Placement Fee will be owed and paid only if the Job was filled by a Successful Candidate for a Recruiter on FunnelRecruit. A “HIRED Candidate” for a Recruiter is a Candidate: (i) submitted by such Recruiter; (ii) for whom the Submission was completed and was not Rejected as set forth above; (iii) who is ultimately hired by Employer during the period of time such Recruiter Owned the Candidate; and (iv) who completes the guarantee described in Section 12.
The fee is 7% of yearly offered salary. Salary is gross pay offered to candidate, excluding bonuses and other incentives. Fee structure different calculation by as described in section 9.2
13.2 Fee Payout.
Placement Fees will be paid to the Recruiter on the first business day after the Candidate 60th day of employment provided that FunnelRecruit has collected the fee in full from the Employer.
13.3 Collection disputes.
Payment of the Placement Fee is contingent upon Funnelting Technologies B.V. receipt of the applicable fees from the Employer for the JobCast. Should an Employer withhold payment FunnelRecruit will delay payment to the Recruiter until receipt of payment from the Employer.
Should the Employer refuse to or be unable to pay the Placement Fee, FunnelRecruit is NOT responsible for paying the Placement Fee. Recruiter will not hold Funnelting Technologies B.V. liable for any such fees and agrees to hold harmless Funnelting Technologies B.V. for any damages and costs incurred as a result of unpaid fees.
FunnelRecruit will endeavour to collect payment from the Employer in a timely manner. Recruiter waives all rights to collect any Placement Fee from the Employer and is not to contact the Employer for the purposes of collecting fees, and any attempts to do so will result in the termination of Recruiter’s membership on the Site and Service.
13.4 Income Tax.
Recruiter is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to Recruiter under these Terms, and Recruiter agrees to do so in a timely manner. If applicable, FunnelRecruit will report the payments paid to Recruiter under these Terms to relevant government entities by forms in countries as required by law.
13.5 VAT is charged 21% (Dutch VAT) and will be exempt to 0% (zero) if: The Company is outside EU Zone. Within the EU zone any VAT will be VAT Reversed Charged. Within the Netherlands, companies are subjected to 21% VAT.
13.6 Recruiters without VAT Number: Payments will be included 21% VAT.
Funnelting Technologies B.V. is not liable of use and/or mis-use of FunnelRecruit platform. This includes lost of income, lost of funds or bankruptcy, dead or any other harm. The service is as-is and any sort of financial gain is not guaranteed. Funnelting Technologies B.V. is subject to Dutch Law, and is not liable for any claims between users, candidates and employers.
15 RECRUITER ACCOUNTS.
Recruiters cannot create Accounts on the FunnelRecruit. To have access as a recruiter to FunnelRecruit, only a paid subscription on Funnelting grants access to FunnelRecruit.
16 COOKIES AND WEBSITE TRACKING
FunnelRecruit website holds tracking mechanisms (cookies) for site stability, analytics and commercial (advertising) purposes by Google and Facebook By entering our the website funnelrecruit.com you agree to acknowledge these tracking mechanisms. A digital notification is visible when entering the website for the first time, or again after have resetting and deleting the stored cookies on your devices.
Updated: January 4th 2023