Terms of Service HIRE

Last update 12 / 11 / 2020

Please, read these Terms of Service (“Terms”) carefully prior to accessing or using the site, located at hire.best (“HIRE Platform”). These Terms contain important information about your legal rights and obligations.

Note, by accessing or using HIRE Platform, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by and to comply with these Terms in full. If you do not agree with these Terms, please, do not continue to use HIRE Platform.

HIRE Platform is operated and owned by Individual Entrepreneur Ivanna Konstyantinivna Bondarchuk, registered at Kyiv, 30 Bazhana avenue, apt. 95, 02140, Ukraine (which we may refer to as “HIRE”, “we,” “us,” or “our”).

Our collection and use of personal data in connection with your access to and use of HIRE Platform is described in our Privacy Notice.

Except as otherwise provided, these Terms are subject to change at any time without notice. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of HIRE Platform after any changes have been implemented constitutes acceptance by you of such change(s).

Table of contents

1. Entire agreement and admissibility
2. Scope of HIRE Services
3. Account registration and user verification
4. Terms specific for Candidates
5. Terms specific for Recruiters
6. Terms specific for Employers
7. Content and intellectual property rights
8. Links to third-party sites
9. Warranties and disclaimers
10. Limitation of liability
11. Indemnification
12. Applicable law and jurisdiction
13. Electronic communication
14. Headings
15. Severability
16. Term and termination
17. Questions and contact information

1. Entire agreement and admissibility

1.1 These Terms and any policies, including our Privacy Notice, other policies, operating rules and applicable agreements, as laid down in paragraph 2.3. of these Terms, posted on HIRE Platform constitute the entire legally binding agreement between you, whether personally or on behalf of an entity ("you" or “User”) and HIRE, governing your access to and use of HIRE Platform (“Agreement”). Our Privacy Notice and other policies applicable to your use of HIRE Platform are incorporated by reference into this Agreement. This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1.2 You are only eligible to use HIRE Platform, if you are of legal age or if you have consent from your parent or guardian. When you use the Site you hereby declare and warrant that: (1) according to your local jurisdiction you are eligible to enter into the Agreement; (2) according to your local jurisdiction you have no restriction to use the Site; (3) you comply with these Terms and with all applicable laws and regulations; (4) all registration information you submit will be true, accurate, current, and complete; (5) you will maintain the accuracy of such information and promptly update such registration information as necessary.

1.3 You may use HIRE Platform only as permitted by the Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any labour legislation.

1.4 These Terms do not apply to recruiters employed by HIRE or having entered into a separate written agreement with HIRE that supersedes some or all of the provisions of these Terms.

2. Scope of HIRE Services

2.1 HIRE Platform is an online marketplace that simplifies, accelerates and fosters the process of recruitment due to its automated referral system. 

HIRE Platform enables:

• individuals to search for employment opportunities (“Candidates”) in the database of Vacancies available on HIRE Platform, to create resumes/CVs (“Resumes”) and to apply for a job;
• independent contractors and freelancers (“Recruiters”) to create Candidates’ Resumes, present Сandidates for potential hire by providing Resumes for Employers’ consideration and to receive payment for their services;
• legal entities and organizations, or their authorized representatives (“Employers”), to create the job offers (“Vacancies”) and receive recommendations from Recruiters and Resumes of potential employees, most closely meeting the requirements.

All the above mentioned users, whether having registered a respective account or acting anonymously, are collectively referred as “Users”.

2.2 HIRE endeavours to establish a relationship of trust both between the Users interacting with each other with the help of HIRE Platform, and between HIRE Platform itself and all its Users. To this end, HIRE may moderate any Resumes and Vacancies on HIRE Platform before making it available to other Users, subject to provision 3.6 of these Terms. 

2.3 Given some legal relations arising out of HIRE Platform use require detailed regulation in written agreements, HIRE may propose to some Users the conclusion of model agreements.

2.3.1 In its relations with Employers, governed by these Terms and Agreement on Search and Selection of the Personnel (“Employer’s Agreement”), which is an integral part of these Terms, HIRE acts not only as online marketplace, as aforementioned, but also as a provider of recruiting and information services. Employers understand that services under Employer's Agreement are offered by HIRE on a paid basis. 

2.3.2 In its relations with Recruiters, governed by these Terms and Agreement on Recruitment and Consulting Services (“Recruiter’s Agreement”), which is an integral part of these Terms, HIRE acts not only as online marketplace, as aforementioned, but also as a customer of recruiting and consulting services.

3. Account registration and user verification

3.1  You may sign up for a personalized account ("HIRE Account") to get access to the full range of features offered by HIRE Platform. You can register a HIRE Account using your e-mail address and receiving a password. You may not register more than one (1) HIRE Account unless HIRE authorizes you to do so. You may not assign or otherwise transfer your HIRE Account to another party.

3.2 If you are registering a HIRE Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

3.3 You must provide accurate, current and complete information during the registration process and keep your HIRE Account and public profile page information up-to-date at all times.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of HIRE Platform (or any portion thereof).

3.4 You are responsible for maintaining the confidentiality of your login credentials you use to sign up for HIRE Platform, and you are solely responsible for all activities that occur under those credentials. If you know or have any reason to suspect that someone has gained access to your account, or your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify HIRE to the following e-mail: [email protected].

3.5 There are three types of accounts on HIRE Platform: Candidate Account, Employer Account and Recruiter Account. You should choose one of the types corresponding to the aim of your using HIRE Platform.

3.5.1 You should register a Candidate Account, if you want to create a Resume and search for Vacancies and employment opportunities. In order to register a Candidate Account you need to provide certain personal data. To learn more about the ways how we treat personal data read our Privacy Notice.

3.5.2 You should register an Employer Account, if you want to offer job(s) by publishing Vacancies and to find potential employees. By registering an Employer Account of the legal entity you represent that you are duly authorized to act on its behalf. 

3.5.3 You should register a Recruiter Account, if you want to recommend Candidates for potential hire by downloading Resumes and providing them for Employers’ consideration.

3.6 In order to complete the registration process and get access to full range of features of HIRE Platform, Employers and Recruiters will be proposed to conclude, respectfully, Employer's Agreement or Recruiter's Agreement, which become binding upon signature. The Agreement shall be signed and exchanged between HIRE and User within 10 days from User’s filling of registration form. Otherwise, the registration process will not be completed: all the provided data, including published Vacancies/Resumes, will be deleted from HIRE Platform and you will have to register anew.

3.7 Upon your registration some of your HIRE Account information will be reflected in your HIRE Profile to let other Users be acknowledged with it. The general information about the Employer, including a company name, its brief description, a name of the representative, and published Vacancies, will be accessible to all Users. The Candidate’s Resume is only accessible to the Candidate, its Recruiter and, upon submission for consideration, to the Employer. The Users shall never share with other Users their contact information, unless HIRE so permits. 

3.8 Employers’ Vacancies and Candidates’ Resumes, whether downloaded by Candidate or Recruiter, may be subject to certain conditions or requirements, such as meeting specific quality or eligibility criteria, completing a verification process (“Moderation”), conducted by HIRE and/or Third Parties. The procedure consists in verifying your Resume/Vacancy information, checking its accuracy and relevancy. The verification procedure may take up to 3 days. If you pass the Moderation, your Vacancy will be published on HIRE Platform and your Resume will be available for submission. Nevertheless, HIRE has no obligation to monitor and verify the content, accuracy, completeness, legality, reliability, or availability of any Vacancy or Resume.

3.9 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

3.10 HIRE does not endorse any User, Resume or Vacancy. Any references to a User being "verified", “moderated” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by HIRE about any User, including the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to hire a candidate, to accept a job proposal, to deal with a recruiter, or communicate and interact with other Users, whether online or in person.

4. Terms specific for Candidates

4.1 When you register with HIRE Platform, you will be asked to create a Candidate Account and provide HIRE with certain information including, without limitation, a valid email address. More information about how we treat personal data see in our Privacy Notice. 

4.2 By registering a Candidate Account and creating your Resume, you are requesting and authorizing HIRE to make your Account and Resume information available to other Users of HIRE Platform. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Resume or information contained therein created by you on HIRE Platform.

4.3 You may create, modify or delete your Resume at any time. You are solely responsible for the Resume you created on HIRE Platform. Any account and Resume information you submit must be accurate and describe you, an individual person. You are prohibited to:

• post or submit to HIRE Platform any incomplete, false or inaccurate biographical information or information which is not your own;
• create the Resume of another person without the latter’s authorization or to falsely represent yourself to be another person;
• create any Resume which is not a genuine Resume and which attempts to advertise or promote products or services, or otherwise in breach with provisions of Section 8 of these Terms;
• use HIRE Platform and Content for any unlawful purpose or any illegal activity.

4.4 If you are interested in any Vacancy you found in HIRE Vacancy Database, you may apply for it through HIRE Platform. Be informed that upon your application you will be contacted by HIRE employee in order to confirm the relevancy and correspondence of your Resume and the Vacancy applied for. If confirmed, your Resume will become accessible to the Employer having published the Vacancy in question.

4.5 Your Resume may also be submitted to the Employer by the Recruiter, who created your Resume, exclusively subject to your consent. Prior to approving the disclosure of your Resume to any Employer, we will request you to confirm such submission by sending an e-mail to the address, indicated in the Resume. If confirmed, your Resume will become accessible to the Employer in question. If you did not give your consent to the Recruiter to submit your Resume to that particular Employer, you may cancel the submission. 

4.6 No reply to the abovementioned e-mail within 24 (twenty-four) hours from its sending is considered as your consent for disclosure of your Resume to the Employer. 

4.7 Be acknowledged, that HIRE does not guarantee the identity of any Employer or any individuals working for any Employers, and cautions Candidates when applying for Vacancies. HIRE does not guarantee the validity of any Vacancy and cautions Candidates to verify the validity of Vacancy before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any Employer’s Account or Vacancy information.

4.8 HIRE cannot promise the effectiveness of HIRE Platform in relation to the procurement of a job or career advancement. HIRE makes no promise or guarantee of employment. All services are performed for general and informational use only.

4.9 You understand and acknowledge that you may cancel and we may terminate your Candidate Account at any time, and if so, all your account information from HIRE Platform, including Resume and cover letters, saved Vacancies, messages will be marked as deleted and will be deleted from HIRE's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through HIRE’s web servers. In addition, third parties may retain saved copies of your information. HIRE reserves the right to delete your account and all of your information after a significant duration of inactivity.

5. Terms specific for Recruiters

5.1 Recruiters that utilize HIRE Platform do so as independent contractors and free agents. No payment, reward, or services offered to Recruiters from HIRE shall form or imply an employment relationships nor shall it form or imply any form of partnership or joint venture.

5.2 Recruiters may offer their recruiting and consulting services (“Recruiter’s Services”) to HIRE under the terms of Recruiter's Agreement on a payable basis. Such Recruiter’s Services include, unless otherwise agreed:

• provision to the Employers of Candidates’ Resumes, which are best suitable for the Vacancies, published by the Employers through HIRE Platform;
• arrangement of communication between the Candidate and the Employer;
• scheduling an interview with the chosen Candidate;
• conveyance of information relating to special terms of employment from the Employer to the chosen Candidate;
• other services, as may be specified in Recruiter's Agreement. 

5.3 Recruiters may create Candidates’ Resumes on HIRE Platform subject to provisions of Sections 4 and 7 of these Terms. By using HIRE Platform all Recruiters agree that they will secure specific and proper permissions from each Candidate before creating their Resumes on HIRE Platform and submitting them to any Employer. Every time you want to submit a Candidate’s Resume to an Employer, we will contact the Candidate for confirmation of his/her consent to such submission. If the Candidate does not confirm his/her consent, the Recruiter will receive a warning. In case of second warning the Recruiter will be banned for a month, and in case of third warning - for half a year.

5.4 The Recruiters further agree, that:

• they will take reasonable care to review the submission of each Resume;
• they will duly interview each Candidate before submission of their Resumes;
• they will submit only accurate, complete, reliable Resumes of real Candidates;
• they will not directly contact the Employer(s) to whom they submit Candidates’ Resumes, for any reason, for a period of 12 months after their last submitted Resume, without the specific consent of HIRE;
• they understand that they will receive payment for Recruiter’s Services only in case of employment of the Candidate by the Employer. 

6. Terms specific for Employers

6.1 When you register with HIRE Platform, you will be asked to create an Employer Account and provide HIRE with certain information including, without limitation, a valid email address. More information about how we treat personal data see in our Privacy Notice. You will also be proposed to enter into Employer's Agreement with HIRE, subject to paragraph 3.6 of these Terms. 

6.2 By registering an Employer Account and downloading your Vacancy, you are requesting and authorizing HIRE to make your Account and Vacancy information available to all Users of HIRE Platform. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Vacancy or material contained therein placed by you on HIRE Platform.

6.3 You may create, modify or delete your Vacancy(-ies) at any time. You are solely responsible for the Vacancies you published on HIRE Platform. You may not use your Employer Account on HIRE Platform to:

• publish Vacancies, that are not genuine, true, complete, accurate, or otherwise in breach with provisions of Section 8 of these Terms;
• publish Vacancies in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
• publish Vacancies that include any screening requirement or criterion in connection with a Vacancy where such requirement or criterion is not an actual and legal requirement of the offered job;
• post Vacancies or other advertisements for competitors of HIRE or post Vacancies or other content that contains links to any site competitive with HIRE Platform;
• sell, promote or advertise products or services;
• post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
• promote any opportunity that does not represent genuine employment;
• advertise sexual services or seek employees for jobs of a sexual nature;
• to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has informed you that they do not want to be contacted).

6.4 HIRE reserves the right to remove any Vacancy or content from HIRE Platform, which in the reasonable exercise of HIRE’s discretion, does not comply with the above Terms, or if any content is posted that HIRE believes is not in the best interest of HIRE.

6.5 By creating your Vacancy(-ies) you agree that the Recruiters may submit Candidates’ Resumes for your consideration. Upon your cooperation with the Recruiter, you may estimate the quality of the Services rendered. 

6.6 If you find the Resume submitted for your consideration by a Candidate or Recruiter suitable for your Vacancy, you may arrange an interview with the Candidate through HIRE Platform. We recommend to agree with the Candidate upon a month-long probationary period.

6.7 You hereby undertake to inform HIRE of your decision, whether you employ or not the Candidate, on the last date of the Candidate’s one-month probationary period. To this end, HIRE will send you a relevant reminding e-mail. If you violate this provision or provide untruthful information to this effect, HIRE may terminate your Employer Account and ban you from using HIRE Platform, with or without prior notice and for any period of time. You understand and agree, that such employment is due to the use of HIRE Platform, and therefore results in payment, under provisions of Employer's Agreement. 

6.8 You agree you shall not further disclose any of the data received from Candidates and/or Recruiters through HIRE Platform to any third party, unless explicitly for employment purposes and authorized by HIRE. You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from HIRE Platform from loss, misuse, unauthorized access, disclosure, alteration or destruction.

6.9 HIRE has no specific responsibility with respect to the truthfulness of Resumes, Candidate interview or work performance, suitability before or after employment, and will not participate directly in any negotiations or discussion with respect to the hiring, promoting, disciplining, firing or relocating of such Candidate employed by you. 

6.10 Any and all assessment and Resume reviewing services by HIRE are provided as value added services to you and HIRE shall not be held liable for any inaccuracies, disparities, or misrepresentations, except as otherwise provided in Employer's Agreement. 

6.11 You understand and acknowledge that you may cancel and we may terminate your Employer Account at any time, and if so, all your account information from HIRE Platform, including profile information, saved Resumes and network contacts will be marked as deleted and may be deleted from HIRE's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through HIRE’s web servers. In addition, third parties may retain saved copies of your Information. HIRE reserves the right to delete your account and all of your Information after a significant duration of inactivity.

7. Content and intellectual property rights

User Content and Submissions

7.1 HIRE may, at its sole discretion, enable Users to (i) create, upload, post, send, receive, store, display, transmit, publish and distribute content, such as texts, images, designs, graphics, logos, icons, audio and video clips, downloads, interfaces, code and software, comments, suggestions, or personal information or other materials and information on or through HIRE Platform ("User Content"); and (ii) access and view User Content and any content that HIRE itself makes available on HIRE Platform. As such, any User Content you transmit (“Your User Content”) may be treated as non-confidential and non-proprietary.

7.2 We do not assert any ownership over your User Content. You retain full ownership of all User Content, made available on HIRE Platform by you, and any intellectual property rights or other proprietary rights associated with your User Content.

7.3 By creating, uploading, posting, submitting, sending, receiving, storing, or otherwise making available Your User Content on HIRE Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us a limited, revocable, non-exclusive, sub-licensable, transferable, royalty-free, worldwide license to access, use, copy, reproduce, disclose, publish, broadcast, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content for the purpose of rendering HIRE Services and for any purpose that may arise out of these Terms. 

This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. 

7.4 When you create or make available any User Content, you thereby represent and warrant that: 

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of HIRE Platform to use your User Content in any manner contemplated by HIRE Platform and these Terms.
3. You have the consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by HIRE Platform and these Terms.
4. You are solely responsible for all the personal data that may appear in any User Content (such as an address, pictures of any people, their telephone numbers, etc.)

You further represent and warrant that User Content, made available on HIRE Platform by you:

• is not false, fraudulent, inaccurate, or misleading;
• is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
• is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
• does not ridicule, mock, disparage, intimidate, or abuse anyone;
• does not violate any applicable law, regulation, or rule;
• does not violate the privacy or publicity rights of any third party;
• does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

7.5 HIRE may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for any User Content you download to HIRE Platform. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content.

It is Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights.

7.6 HIRE may, without prior notice, remove or disable access to any User Content that HIRE finds to be in violation of the Terms or HIRE’s then-current policies or standards, or otherwise may be harmful or objectionable to HIRE, its Users, third parties, or property.

Intellectual property rights

7.7 HIRE Platform is owned and controlled by HIRE, and unless otherwise agreed in writing, all materials on HIRE Platform, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, designs, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by HIRE or included in the HIRE Platform Content with the permission of the relevant owner and are protected by copyright and other intellectual property rights.

7.8 Subject to your compliance with the Terms, HIRE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use HIRE Platform on your personal device(s) in the manner provided for in the Terms; and (ii) access and view any User Content made available in or through HIRE Platform and accessible to you, solely for your information and use of services.

7.9 Certain trademarks, trade names, service marks and logos used or displayed on HIRE Platform are registered and unregistered trademarks, trade names and service marks of HIRE, other Users and/or of relevant holder(s) and may not be copied, imitated or used, in whole or in part, without the prior written permission of HIRE, respective User or the applicable trademark holder(s). Nothing contained on HIRE Platform grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on HIRE Platform.

7.10 Your use or misuse of the trademarks displayed on HIRE Platform or of any other content on HIRE Platform, except as provided for in the Terms, is strictly prohibited. You are also advised that HIRE will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offenses.

8. Links to third-party sites

HIRE Platform may contain links or frame hyperlinks to other websites, some of which are governed by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Users use such third-party content contained therein at their own risk. Different terms and conditions may apply to your use of any linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

9. Warranties and disclaimers 

The information, materials and services provided on HIRE platform are provided “as is” and “as available”. Your use of and any reliance upon HIRE platform is at your risk. To the fullest extent permitted by law, HIRE disclaims all warranties, express or implied, regarding HIRE Platform, content and any products or services you may obtain or access through hire platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property or those arising out of a course of dealing or usage of trade. Please refer to your local laws for any such prohibitions.

HIRE is not responsible if the information on HIRE Platform is inaccurate or incomplete, as well as for typographical errors or omissions relating to text or photography. We are not making any promises of any kind, including about HIRE Platform accuracy, adequacy, usefulness, reliability or otherwise. You agree that it is your responsibility to monitor any changes to the material and the information contained on HIRE Platform.

HIRE does not guarantee that HIRE platform will be uninterrupted or error-free, that any defects will be corrected, or that HIRE Platform is free of viruses or anything else harmful. 

10. Limitation of liability 

HIRE Platform acts as, among other things, venue for (i) Employers to post job opportunities and evaluate job candidates, (ii) Candidates to create Resumes and search for job opportunities and (iii) Recruiters to offer their recruiting services to the Employers. HIRE is not obliged to screen or censor the information of Resumes, Vacancies and Accounts. 

HIRE is not involved in, and does not control, the actual interaction between the Users. As a result, HIRE is not responsible for User Content, the quality, safety or legality of the Vacancies or Resumes posted, their truth or accuracy, the ability of Employers to offer job opportunities to Candidates or the ability of Candidates to fill Vacancies and HIRE makes no representations about any Vacancies, Resumes or User Content on HIRE Platform. While HIRE reserves the right in its sole discretion to remove User Content, Vacancies, Resumes or other material from HIRE Platform from time to time, HIRE does not assume any obligation to do so and to the fullest extent permitted by law, disclaims any liability for failing to take any such action.

HIRE is not to be considered to be an employer with respect to your use of HIRE Platform and HIRE shall not be responsible for any employment decisions, for whatever reason, made by any entity, or its representative, posting jobs offers on HIRE Platform.

HIRE shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of HIRE Platform, even if HIRE has been advised of the possibility of such damages. HIRE shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on HIRE Platform or your inability to access or use HIRE Platform; or (ii) any transaction or relationship between you and other User(s) and any third party provider, even if HIRE has been advised of the possibility of such damages. HIRE shall not be liable for delay or failure in performance resulting from causes beyond HIRE’s reasonable control.

You assume total responsibility for your use of HIRE Platform. Your only remedy against HIRE in connection with any damages arising from your use of HIRE Platform or any content is to stop using HIRE Platform. If HIRE is found to be liable to you for any damage or loss which is in any way connected with your use of HIRE Platform or any content, HIRE’s liability shall not exceed ₴10 000.

The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

11. Indemnification 

Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on HIRE Platform, in the event that you have a dispute with one or more Users, you release HIRE (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

You agree to defend, indemnify and hold harmless HIRE, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of materials or features available on HIRE Platform or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

HIRE reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

12. Applicable law and jurisdiction 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Ukraine, excluding its rules on conflicts of laws. 

HIRE Platform has been designed to comply with the laws of Ukraine. We recognize that it is possible for you to obtain access to HIRE Platform from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on HIRE Platform, or your use of HIRE Platform, is contrary to the laws of the place where you are when you access it, HIRE Platform is not intended for you, and we ask you not to access and use HIRE Platform. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree, that any dispute, conflict, claim or controversy directly or indirectly arising out of or broadly in connection with or relating to HIRE Platform or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability (any “Dispute”) shall be resolved by means of amicable negotiations directly with HIRE team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the Dispute shall be settled exclusively in the courts of Ukraine, subject to jurisdiction rules, with applicable substantive law of Ukraine.

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

13. Electronic communication 

By using HIRE Platform, you agree to receive certain electronic communications from HIRE, subject to applicable law. In connection with your use of HIRE Platform, we may send you electronically all communications, including, without limitation, agreements, documents, receipts, notices, and disclosures, which relate to your use of HIRE Platform. We may provide these communications to you via email or via other means of communication which are most suitable for you or via an integrated dialogue function of HIRE Platform ("HIRE  Messenger"). HIRE Messenger is designed to support your use of HIRE Platform. By using HIRE Platform, you agree to receive messages and push notifications, including those containing any attachments, as listed above, through HIRE Messenger, e-mail, messengers of other social networks and to your phone, subject to the contact information, identified by you.

Users may use HIRE Messenger for communications inter se. Users are prohibited to use the inappropriate and abusive language in such communications (for example, use foul language, ask overly personal questions, use verbal threats, make comments that are aggressive, sexual, discriminatory, or disrespectful).

You agree that any communication that HIRE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may unsubscribe from receiving messages from us at any time.

14. Headings 

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms.

15. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.

16. Term and termination

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue HIRE Platform or any service, content, feature or product offered through HIRE Platform, with or without notice; and/or offer or cancel opportunities to some or all users of HIRE Platform. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to HIRE Platform.

HIRE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of HIRE Platform at any time and for any reason, without any liability to HIRE, subject to applicable law.    

You understand and agree that some of your User Content, particularly that which is displayed on HIRE Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.

These Terms remain in effect even after your account is terminated or you have stopped using HIRE Platform.

17. Questions and contact information

If you have any questions or comments about these Terms of Service or HIRE Platform, please contact us by:

E-mailing us at: [email protected].

Disclaimer: The original, legally binding version of this document is composed in English, and may be translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.