These Subscription Terms and Conditions and its contents are proprietary to LANDING JOBS, UNIPESSOAL, LDA., a company incorporated and existing according to the laws of Portugal, VAT PT518540367, with headquarters located at Avenida Almirante Reis, n.º 54, 6.º Dto., 1150-019 Lisbon, Portugal (hereinafter referred to as "we", "us", "our" or "Landing.Jobs" or "Provider"), and form a legally binding contract between us and the User and/or Member ("Users", "Members", "you", "your" or "Employer") in connection with your engagement of our Subscription Services.
1.1. In these STC the following definitions apply:
"Applicant Tracking System" or "ATS" means the external provider or tool you use to track every Application that lands in your Dashboard in our Platform.
"Application" means the information about the intention of a Candidate to be considered for a role within your organizational structure accompanied by the Candidate's personal and/or Professional details.
"Candidate" means any individual who subscribes to the Platform as Talent and is eligible for any potential recruitment process.
"Client Data" means your personal data for the purposes of the General Data Protection Regulation (Regulation (EU) no. 2016/679 of the European Parliament and Council, of April 27th), hereinafter referred to as GDPR.
"Employer" means you;
"Fees" means all Fees owed to us by you for the services rendered under this agreement.
"Gross Annual Salary" or "GAS" means the Candidate's overall gross remuneration in the first 12 (twelve) months – including, without limitation, base salary, meal allowance, vehicle, means and resources allocated, bonuses, commissions, variable salaries, payments in kind, fringe benefits - offered to the Candidate by you.
"Handshakes" means the contact requests made via the Platform by you directly to Candidates whom you believe to have the potential to fill the required role/position. A Handshake is successful when the Candidate accepts it.
"Hiring" means the moment when the Candidate selected by you to fill the required role/position accepts your offer, either verbally or in writing, regardless of the type of contract that will be signed. From that moment on the candidate is considered "hired".
"Hiring Fee" means the fees payable by you to us for each Candidate that you hire;
"Initial term" has the meaning provided by Clause 3.1.
"Introduction" when at least one of the following happens:
and "Introduce", "Introduces" and "Introduced" shall be construed accordingly.
"Offer" means a job offer made to a Candidate by either you or a Third Party (as applicable).
"Platform" means our product and website: https://landing.jobs
"Provider" means us;
"Representatives" means all staff, collaborators, directors, officers, advisors, management, consultants, providers, partners, legal representatives, powers of attorney, agents, shareholders, related individuals and/or companies at arms-length of a Party hereto, whether you or us.
"Services" or "Subscription Services" means all services provided under this agreement.
"Start date" means the first day when a Candidate commences the job for which he/she was hired by you, whether such commencement is as a trial period, as a freelance or any other model of work. This applies to Third Parties as provided for herein.
"Subscription fee" means the fee payable by you to us for providing the access to the Services to you as described herein.
"Subscription date" means the date you engage us to provide the Services through the Platform.
"Subscription period" means the period during which our Services are performed until termination occurs.
"Subsequent term" has the meaning provided by Clause 3.2.
"Third parties" means an individual or entity other than you or us.
"Trial period" has the meaning provided by Clause 13.1.
1.2. Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.
2.1. The use of the Subscription Services is subject to the acceptance of the General Terms and Conditions (the "Terms" as available here), the "Privacy Policy" (available here) and these STC, which will all be considered accepted upon subscription.
2.2. These Subscription Services include the features and are subject to the fees stipulated on the pricing page, which is an integral part of these STC.
2.3. The STC and pricing page, the "Terms", and our "Privacy Policy" constitute the contract between you and us to access the Services and the Platform where you may find the profile of potential staff to be hired by you and are deemed to be accepted by you by virtue of an Introduction and/or the hire of a Candidate, or the passing by you of any information about a Candidate to a Third Party following an Introduction.
2.4. The "Terms" apply in addition to these STC provided however that these STC shall prevail over the Terms in case of any inconsistency or contradiction.
2.5. If you are entering into these STC on behalf of another entity, such as your employer or the company you work for, we assume that you have the legal authority to bind that entity and that such entity is duly incorporated and in good standing.
2.6. The information in this agreement shall not be used or distributed for any other purpose without our prior written consent.
2.7. We do not convey to you any license under any patents, trademarks, copyright, or common-law rights nor similar rights of any third parties by this document or the engagement of our services alone.
2.8. You shall not assign, transfer or subcontract this agreement, nor your rights or duties under this agreement, without our prior express, written consent.
2.9. Should any provision of this agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision shall be null and void; provided, however, that the remaining provisions of this agreement shall be unaffected thereby and shall continue to be valid and enforceable to its fullest extent.
2.10. The headings contained in these STC are for convenience only and do not affect their interpretation.
2.11. We, in our sole discretion, may suspend or terminate access or use of the Services to anyone who violates these STC, the "Terms" or the "Privacy Policy".
3.1. This agreement shall commence on the Subscription Date and shall continue for an initial term of 6 (six) months (the "initial term").
3.2. After the end of the initial term, this agreement shall be automatically renewed for equal periods (the "subsequent terms").
3.3. You may oppose to the automatic renewal of this agreement with 30 (thirty) days' written notice before the expiry of the initial term or any of its subsequent terms.
4.1. You shall provide a valid credit card upon subscription, which shall be used to process all payments under this agreement.
4.2. You agree to pay us the Subscription Fee in the total amount and under the timing agreed between you and us as specified on the pricing page.
4.3. The Subscription Fee shall be paid monthly in advance.
4.4. The Subscription Fee shall be paid in the subscription date and in the same day of each subsequent month.
4.5. The Hiring Fee shall be paid for each Candidate that is hired by you, as described on the pricing page.
4.6. Hiring Fees shall be paid immediately in the moment the hiring occurs.
4.7. Our Fees do not include VAT, which shall be added if/as applicable at the legal rates in force in the moment of invoicing.
4.8. If you hire a Candidate the following specific provisions shall apply:
4.8.1. Within 5 (five) business days from the date when a Candidate has accepted your offer you shall inform us:
4.8.2. The Hiring Fee shall also be paid if you hire a Candidate within the period of 12 (twelve) months from the date of our Introduction of the Candidate to you.
4.8.3. When the Candidate that we've Introduced to you has already directly or indirectly (through Third Parties) Introduced him/herself to you and applied for a job application within 60 (sixty) days prior to the date of our Introduction, you will promptly inform us and produce evidence in respect thereof within the next 7 (seven) days after the date of our Introduction. If you fail to provide such evidence, the Candidate will be considered Introduced to you by us and the hiring fees will apply.
4.8.4. If you hire any Candidates introduced by us within 12 (twelve) months after termination or suspension of services you shall pay us the corresponding Hiring Fees according to the pricing page. This also applies in case of termination and suspension of services due to violation of these STC, the "Terms" or the "Privacy Policy".
4.9. We reserve the right to charge interest at the commercial legal rate in force on all invoiced amounts that remain unpaid beyond their due date.
4.10. In addition, an administrative fee of at least €40 (forty euros) shall always be invoiced to you whenever you fail to pay our invoices on time, such being in respect of our relief from extra charges incurred by us with the collection from you of delayed payments owing to us. Such administrative fee does not exclude our right to compensation for any judicial or extrajudicial costs incurred in any debt collection process.
4.11. In case of violation of our payment terms third-party debt collection fees, as well as lawyer or solicitor fees will be added to the total outstanding amount. In such circumstances, you will be obliged to pay directly to the debt collection entities the total outstanding amount plus the debt collection fee, which can be up to 32 (thirty-two) per cent.
4.12. Violation of the payment terms will also result in suspension and/or termination of this provision of services.
4.13. The re-activation of the provision of services following its suspension or termination is contingent on the payment of all outstanding amounts.
5.1. Under no conditions will we refund any payments made or reduce any Fees.
5.2. No warranty shall be granted for any Candidate after his/her hiring.
6.1. By accepting and acting in accordance with these STC, the "Terms" and the "Privacy Policy" you are entitled to the rights and benefits associated with the selected Subscription Plan and we undertake to create the conditions for the exercise of your Rights in accordance therewith. The benefits and rights are not subject to changes during the subscription period unless agreed between you and us both in writing or in the situations stipulated under this agreement.
6.2. Your Rights are to be used by you and your Representatives only and we will not acknowledge your Rights (or any part of them) to any Third Party.
7.1. All Introductions of Candidates are strictly confidential, including all information enclosed in such Introductions.
7.2. You and your Representatives shall not disclose any of the information acquired upon Introduction nor the sole existence of such Introduction to any Third Party.
7.3. You take responsibility for failure to comply with the confidentiality obligations of Clauses 7.1 and 7.2.
7.4. In the event you intend to disclose a Candidate's information to a Third Party (the "Introduction to Third Party"), you shall address such intention to us and you may only proceed with the Introduction to the Third Party after our written approval.
7.5. If the Candidate is hired by the Third Party 12 (twelve) months after your Introduction you will pay us the corresponding Hiring Fees.
7.6. If an Introduction to a Third-Party occurs without our knowledge, you shall be responsible for the payment of €20.000 (twenty thousand Euros) as liquidated damages to us.
8.1. We shall endeavor to assess the suitability of a Candidate through a pre-screening process if the Candidate performs an Application.
8.2. Notwithstanding the foregoing, you shall inquire and satisfy yourself as to the suitability of the Candidate at your own judgment, criteria, risk and sole liability.
8.2.1. In connection with the recruitment process of a Candidate you shall ensure you:
8.3. To enable us to comply with our obligations you shall provide us with details of the role/position you are seeking to fill, which must include the following information:
8.4. You shall not withhold any information that may exclude the candidate's interest in the role.
9.1. We shall not be liable for the inadequacy or unsuitability, of any kind, of the Candidate after the hiring date.
9.2. We shall not be liable to you or any third-party, under any circumstances, for any consequential, indirect, incidental, exemplary, special, actual, liquidated or punitive damages whatsoever, including any damages for business interruption, lost profits, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, reputation, loss of goodwill may be caused to you because of your failure to comply with Clause 8.2 or to provide the information mentioned in Clause 8.3.
9.3. We shall not be liable, under any circumstances, to you or any third-party for any consequential, indirect, incidental, exemplary, special, actual, liquidated or punitive damages whatsoever, including any damages for business interruption, lost profits, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, reputation, loss of goodwill which may be caused by a Candidate prior to or after the Start Date.
9.4. We shall not be liable, under any circumstances, for the acts of omissions of any Candidate in the performance of the contractual linked signed between the Candidate and you.
9.5. Except where such exclusions are prohibited by law, in no event shall Landing.Jobs or its affiliates be liable under these "Subscription Terms and Conditions" to you or any third-party for any consequential, indirect, incidental, exemplary, special, actual, liquidated or punitive damages whatsoever, including any damages for business interruption, lost profits, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, reputation, loss of goodwill, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not Landing.Jobs was advised of the possibility of damages.
10.1. By signing this STC you represent and warrant to us that you and your Representatives:
11.1. Our "Privacy Policy" is hereby incorporated and applies in addition to the Terms and these STC.
11.2. All rights, titles, interest, and any Client Data belong to you, whether posted and/or uploaded by you.
11.3. By providing to us Client Data you engage us to access, use and process such Client Data in connection with Services being provided to you and warrant to us that:
11.4. We do not guarantee the accuracy, integrity, quantity, quality, completeness or veracity with respect to Client Data nor the information contained therein.
11.5. We shall not be liable for any violations of confidentiality, privacy, trademarks, or any laws in force arising from the information provided to us by you as Client Data.
11.6. We may pre-screen, monitor or filter Client Data or its processing in order to discover any violation of the above representations and warranties and prevent and/or mitigate any consequences therefrom. If we discover that Client Data or its processing could be regarded as unlawful, we shall, in no particular order:
11.7. We shall remove Client Data from our systems upon receipt of a takedown notice by any competent Authority or third party.
11.8. You acknowledge and do not object to the use of Client Data by us in an aggregated and anonymized format for research, training, educational and/or statistical purposes. You expressly grant to us the right to use and analyze aggregated system activity data associated with your use of the Services for the purposes of optimizing, improving or enhancing the way we provide our Services and to enable us to create new features and functionality in connection with the Services.
11.9. Unless specifically permitted by you, your use of the Services does not confer to us a license to use, reproduce, adapt, modify, publish or distribute the Client Data for our commercial, marketing or any similar purposes other than the providing to you of our Services.
12.1. You agree that all exchanged information shall be used exclusively for the performance of this agreement.
12.2. We may disclose your confidential information to the extent compelled by law to do so or as necessary for us to provide to you the Services.
12.3. In the case of compelled disclosure, we will use commercially reasonable efforts to provide you with prior notice of the compelled disclosure (to the extent legally permitted) and you shall provide reasonable assistance to us. If we are compelled by law to disclose your confidential information as part of a civil proceeding to which we are a party, and you are not contesting the disclosure, you will assist us in providing secure access to that confidential information.
12.4. All information that we may disclose to you regarding our Candidates is strictly Confidential and shall be used by you only in connection with the Candidate's best interest intending to hire him. No further use is admitted.
12.5. You will store the information of the Candidate with the same adequate security measures that you use to store and protect your own very sensitive information but in no event with less than a high standard of due diligence and care.
12.6. You will delete the Candidate's information:
12.7. You will use the information of the Candidate in strict compliance with all Laws including those contained in the GDPR.
12.8. In case we have to face any liability in relation to the Candidate from any Third Parties arising from a breach of the Confidentiality and/or Privacy Obligations (Clause 11 and Clause 12) under this agreement that was caused by you, including the acts and omissions of your Representatives, we will revert that liability entirely to you and we will further reserve ourselves the right to claim from you all the amount of loss and damages caused to us as a result of your breach.
12.9. Violations to this clause and to Clause 7.2 will be subject to legal action and you will be liable for any consequential, indirect, incidental, exemplary, special, actual, liquidated or punitive damages whatsoever, including any damages for business interruption, lost profits, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, reputation or loss of goodwill arising from such violation.
12.10. The Confidentiality Obligations undertaken by you under this clause shall survive the termination of our Services without limitation.
13.1. You shall be entitled to a one-time, risk-free trial period of 7 (seven) calendar days commencing on Subscription date ("Trial Period").
13.2. During the Trial Period, you may cancel the subscription at any time.
13.3. If you do not cancel the subscription prior to the expiration of the Trial Period, the subscription shall automatically convert to the selected paid subscription, and the applicable fees shall become due in accordance with the terms of this STC as defined on the pricing page.
14.1. Any changes to these STC, the Terms or to the pricing page will be communicated to you with a minimum of 30 days prior to the change.
14.2. You will have the right to termination of this subscription if you don't agree to any of the aforementioned changes.
14.3. The right to termination under this clause must be exercised in 10 calendar days after its communication in accordance with Clause 14.1.
14.4. Termination under this clause is contingent on the payment of all outstanding amounts.
15.1. This Agreement shall be governed by and construed in accordance with the laws of the Portuguese Republic.
15.2. The Parties irrevocably agree that any dispute, controversy, or claim arising out of or in connection with this agreement, including but not limited to any question regarding its existence, validity, interpretation, performance, or termination, shall be submitted to the exclusive jurisdiction of the competent courts of Lisbon, Portugal.
15.3. The Parties hereby waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
