Terms And Conditions

Effective from: 15.05.2020

Terms And Conditions For Registered Employers

By using our Services, you confirm that you have carefully read and understood these Terms and Conditions agree to be bound by the Terms and Conditions. These Terms and Conditions form a legally binding agreement between the Customer and VideoCV (the “Agreement”) that shall govern the provision of services provided by VideoCV via our website https://videocv.io.

1. DEFINITIONS

1.1 VideoCV or Us – Creative Panda OÜ (registry code 14098592, registered office Pärnu mnt 142a, 11317 Tallinn, Republic of Estonia).

1.2 Customer or Employer – a legal person ordering and using the Services under these Terms and Conditions.

1.3 Applicant – a natural person using the Services as a job seeker under the Terms and Conditions for the Applicants.

1.4 Parties - VideoCV and the Customer.

1.4 Database – the VideoCV database located on the website https://videocv.io that contains job offers and job-seeking notices, videoCVs, CVs and other data related to employment.

1.5 Access Data – the username and password to be communicated by VideoCV to the Customer that are required for accessing the Database.

1.6 Terms and Conditions or Conditions – these terms and conditions for registered Employers for using the VideoCV Database.

1.7 Advertisement – a customer’s job offer advertisement published in the Database.

1.8 Services – services aimed at employers as described in the subdivision “For Employers” of the section “Employer” of the website https://videocv.io that VideoCV provides to the Customer and for which the Customer pays VideoCV pursuant to the rates provided in the same subdivision.

1.10. Website - Website https://videocv.io, its subdomains, including the software, databases, interfaces, associated media, documentation, updates, new releases and other components or materials incorporated therein or integrated therewith.

1.11 Fee - Fee payable by the Customer for the Services.

1.12. Agreement - These Terms and Conditions forming a legally binding agreement between the Customer and VideoCV upon the use of the Services by the Customer.

2. THE SERVICE AND THE FEE

2.1 2.1. The Services include platform for posting job advertisements. Considering that VideoCV has the right to further develop the Services provided, the specific description of the Services that VideoCV provides from time to time is available on VideoCV Website.

2.2 The Services shall be subject to Fee. Applicable Fee(s) are provided on the Website.

2.3 The Fee(s) shall be paid using the payment methods outlined on the Website. VideoCV reserves the right to change the Fee(s) payable from time to time, by providing thirty (30) day prior notice. We will notify you about such changes through our Website. You may be entitled to terminate the Agreement if you do not agree with the updated Fee.

3. RIGHTS AND OBLIGATIONS OF CUSTOMER

3.1 Subject to Terms and Conditions, the Customer is granted a limited non-exclusive license to use the Services. The content of the Services and the Website is solely and exclusively owned and operated by VideoCV. Intellectual property rights, including, but not limited to, any and all copyrights, trademarks, service marks and trade names contained in the Services and on the Website, are owned by VideoCV, its affiliates and/or third-party licensors.

3.2 If the Customer has paid for the ordered Services or VideoCV has decided to provide Services to the Customer on the basis of credit, VideoCV shall e-mail them data concerning the activation of the access rights to the Database and the Access Data ensuring them the possibility to use the Services during the period of time set out in the description of the respective Service.

3.4 The Customer shall be responsible for ensuring that their Access Data are inaccessible to any third parties. If the Customer has a reason to suspect that the Access Data have been made available to third parties, they shall immediately notify VideoCV thereof via e-mail. In this case, VideoCV shall invalidate the Customer’s Access Data and issue new Access Data. The aforesaid data shall be sent in writing to the e-mail address submitted by the Customer upon registration or communicated in another manner agreed on with the Customer via e-mail.

3.5 The Customer shall inform VideoCV via e-mail within three working days of any changes in the contact person of the Customer, setting out the date as of which the former contact person no longer has the authorisation to access the Database on behalf of the Customer, as well as the name of the new contact person, and also give notice of the date as of which the new contact person is granted the authorisation to access the Database on behalf of the Customer, and the given name and surname, e-mail address and telephone number of the new contact person. After receiving a respective notice from the Customer, VideoCV shall invalidate the former Access Data on the date specified by the Customer and submit new Access Data to the Customer’s new contact person’s e-mail address.

3.6. The Customer shall use the data received from the Database only for their own purposes with the objective of finding employees and not communicate it or any parts of it to any third parties without the written approval of VideoCV. As an exception, staff recruitment agencies are permitted to communicate information to their contractual partners for the purpose of offering employment mediation services. Staff recruitment agencies must ensure that their customers only use the data of jobseekers pursuant to the objectives and extent provided in the Terms and Conditions and apply similar technical and organisational measures for protecting the personal data of jobseekers as ​stipulated in these Terms and Conditions and VideoCV Privacy Policy.

3.7 The Customer shall not perform any activities with the aim of copying or damaging the Database in part or in full or interrupting the operation thereof, including, but not limited to, via any computer programs (applications, scripts, command prompt queries, etc.).

3.8 The Customer shall be able to use one Advertisement for publishing only one job offer. The Advertisement must comply with the requirements of legislation and contain accurate and reliable information that corresponds to the ethical and moral standards prevalent in society. The Customer shall be responsible for the content of the Advertisement.

3.9 The Advertisement must only contain the Customer’s contact details. Including the contact details of any third parties in the Advertisement shall only be permitted upon a previous agreement with VideoCV concluded via e-mail or signed in writing.

3.10 The Advertisement may not contain the employer’s e-mail address, i.e. applying for the job must take place in the VideoCV system.

3.11 The Customer authorises VideoCV to inspect the Advertisements and the information contained therein in information channels not controlled by the Customer. The authorisation of VideoCV set out in this clause shall not restrict the Customer’s rights, i.e. the Customer shall be entitled to also publish Advertisements and the information contained therein in other information channels independently or via representatives. Upon the illegal copying or publishing of Advertisements and the information contained therein or making them available to unauthorised persons in any other manner in information channels whose administrators are not VideoCV or its partners, the Customer authorises VideoCV to take any required legal measures in order to stop the illegal use and publication of the data contained in the Database.

3.12 The Customer shall be entitled to order additional Services at any time, including the extension of the period of access to the Database and/or increasing the number of Advertisements.

3.13 The Customer shall ensure that the personal data contained in the Database (applicants' data) are processed (including examining applicants’ data, recording or storing them, using the data to contact applicants, etc.) in compliance with the applicable legislation. The Customer shall maintain the confidentiality of the data received from the Database, including personal data, and they may only be used for contacting applicants for the purpose of deciding on concluding precontractual negotiations and potential hiring. The Customer shall ensure that the aforesaid confidentiality obligation also applies with respect to the Customer’s employees and contractual partners who are authorised to process the personal data of applicants.

3.14 The Customer shall apply all relevant technical and organisational measures arising from legislation when processing the personal data of applicants contained in the Database. If the Customer communicates the personal data of applicants to persons working as data processing contractors for the Customer, the latter shall ensure that such persons only process the personal data of applicants for the purposes and to the extent provided in the Terms and Conditions and apply technical and organisational measures similar to those as provided in the Terms and Conditions.

3.15. If required, the Customer shall cooperate fully with VideoCV in order to eliminate any possible violations related to personal data and perform the obligations arising from the violation pursuant to applicable legislation. If required, the Customer shall inter alia notify a supervisory authority and jobseekers of the violations related to the personal data of jobseekers.

3.16. After the expiry of the subscription period for the Services, the Customer shall not be permitted to further use the data of jobseekers. The Customer shall guarantee and ensure that the stored data of jobseekers and copies thereof in any format whatsoever shall be deleted from the Customer’s system and the systems of all persons working as data processing contractors for the Customer.

3.17. The Customer shall compensate VideoCV for any damage caused due to a violation of the requirements for processing personal data contained in the Database, including, but not limited to, all amounts that VideoCV has had to pay to data subjects, third parties and institutions by means of compensation for damage, contractual penalties or fines for misdemeanours or on other grounds due to the Customer failing to comply with the requirements for processing personal data provided in these Terms and Conditions and in legislation.

4. RIGHTS AND OBLIGATIONS OF VIDEOCV

4.1 VideoCV shall ensure the provision of the Services chosen by the Customer pursuant to the terms and conditions set out in the description of the Services after the receipt of the fee from the Customer.

4.2 For the purpose of using the Services, VideoCV shall send a notice to the Customer’s e-mail address registered in the Database concerning the activation of access to the Database by means of which the Customer shall receive the Access Data.

4.3 VideoCV shall ensure the uninterrupted operation of the Database and the accessibility of the data entered in the Database online 24 hours a day. If access to the Database is interrupted due to the acts or omissions of VideoCV (including its employees, contractors and/or subcontractors), VideoCV shall, at the request of the Customer, extend the period of using the Services proportionately to the period of time in which access to the Services was interrupted. Should VideoCV foresee that using the Services may be interrupted, it shall inform the Customer’s contact person thereof in due time.

4.4 VideoCV shall be entitled to demand that the Customer remove an Advertisement entered in the Database if it contains information that is contrary to these Terms and Conditions and the legislation of the Republic of Estonia. If the Customer fails to make the required amendments to the Advertisement within two working days, VideoCV shall be entitled to remove the Advertisement from the Database. VideoCV shall not be liable for any damage caused to the Customer arising from such removal. VideoCV shall also be entitled to unilaterally remove any Advertisements that are not job offer advertisements and any job offer advertisements that are not in compliance with the applicable legislation and moral standards or are clearly related to activities leading to a violation of human rights (human trafficking, enslaving, etc.).

4.5 VideoCV shall be entitled to change the Database procedures and menu structure without giving the Customer prior notice.

4.6 All rights to the Database and to the Website belong to VideoCV. The Customer may only use the data contained in the Database for the purpose of using the Services within the scope set out in the description of the Services ordered by the Customer. When using the Database in any manner whatsoever (including for the purpose of using the Services), the Customer shall not receive the copyright to the software required for the operation of the Database.

4.7 VideoCV reserves the right to change any part of Terms and Conditions in case (i) we improve our Services and/or develop new features (ii) we otherwise change the scope or nature of our Services or our related practices (iii) there is a change in costs, expenses, risks and/or liabilities relating to the provision of Services (iv) the purpose of the change is to clarify any of the parties’ rights and obligations relating to the Services and/or (v) there are other objective reasons of whatsoever nature. We will notify each such change by posting revised Terms and Conditions on our Website. If you do not agree to the change of Terms and Conditions, you have a right to terminate the Agreement by sending us a termination notice. Continued use of Website and/or the Services after we have notified you about the changes constitutes your acceptance to those changes. Amendments shall not apply retroactively with respect to the Services ordered by the Customer before their entry into force except in cases where this arises from national legislation or the data protection legislation of the European Union. Amendments shall not apply retroactively with respect to the Services ordered by the Customer before their entry into force except in cases where this arises from national legislation or the data protection legislation of the European Union.

5. TERM AND TERMINATION

5.1 Unless explicitly otherwise agreed between the Parties upon ordering the Services by the Customer, the Agreement shall be concluded without a term.

5.2 VideoCV shall be entitled to unilaterally terminate the provision of Services without providing advance notice and without refunding the Customer the fee paid for the Services if the Customer has materially violated these Terms and Conditions or has failed to eliminate any violation within 10 working days as of the receipt of a respective warning from VideoCV via e-mail.

5.3 The Customer shall be entitled to waive the further use of the Services at any time irrespective of the reason by notifying VideoCV thereof via e-mail. In this case, the Customer shall not be entitled to demand that the fee paid for the Services be refunded. In case of the termination of the Agreement, the Customer os obliged to pay all outstanding invoices and other outstanding amounts. In case of advance payment exceeding the outstanding amounts due, no repayments or set-offs shall be made.

6. LIABILITY OF PARTIES

6.1 The Customer shall be liable for the damage caused to VideoCV by violating these Terms and Conditions.

6.2 VideoCV shall not be liable for the accuracy or content of the data entered in the Database or any damage caused to the Customer as a result of using the data contained in the Database. The Customer shall conclude precontractual negotiations with jobseekers and enter into contracts with them independently without the intermediation of VideoCV. The Customer takes full responsibility that the Customer does not violate any applicable law upon use of the Services, including that the Customer does no violate any employment related legislation (for example, but not limited to, the Customer confirms that upon the use of the Services, the Customer does not discriminate any Applicant), any privacy regulations (for example, but not limited to, that the Customer does not ask for excessive personal data in the course of recruitment process) or any other applicable legislation.

6.3 The Services and any content, or services or features made available in conjunction with or through VideoCV Website is provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties.

6.4 VideoCV does not warrant or guarantee that the Services will be compatible with all or any hardware and software which you may use, available all the time or at any specific time, uninterrupted, secure or error free, suitable for your requirements or free from viruses, interference, hacking or other security intrusion.

6.5 Including, but not limited to, we shall not be responsible for the following:

6.5.1 any permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Services;

6.5.2 any interruption or cessation of transmission to or from the Services;

6.5.3 any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Services;

6.5.4 any decision made or any action taken by you in reliance of the data or recommendations provided by us;

6.5.5 deletion of, corruption of, or failure to store any content or data;

6.5.6 any disclosure, loss or unauthorized use of the Access Data due to Customer’s failure to keep such credentials confidential;

6.5.7 the incompatibility of technologies used for accessing the Services, for example if certain features, functions, parts or elements of the Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet.

6.6 VideoCV shall not be liable for any violation of law by the Applicant or Customer in front of any third persons, for example if the Customer violates applicable employment regulation or data processing regulation.

6.7 The Customer agrees to indemnify VideoCV, our partners and sub-contractors engaged in provision of Services against any costs, damage, claims (including but not limited to claims of third parties), liabilities and expenses incurred as a result of Customer’s violation of this Agreement, any provisions of the applicable law or provisions of third party contract.

6.8 In any case, VideoCV’s liability for violation of this Agreement shall be limited to the monthly fee actually paid to VideoCV for the Services provided hereunder. The limitation is not applied in case of wilful breach of this Agreement

6.9 VideoCV shall not be liable to you for anything that is the result of any events beyond our reasonable control (“Force Majeure”), including, but not limited to, acts of nature, storm, fire, earthquake, explosion, flood, war, insurrection, riots, terrorism, crime, labor shortages and strikes, lockout or other industrial action, embargoes, terrorism, crime, the weather and climate conditions, default or failure of a third party, electrical failure, confiscation and action or threat of action of any government or government agency.

7. FINAL PROVISIONS

7.1 After the expiry of the period for using the Services, the Customer shall be unable to use the respective Services, but they shall retain access to the data they have entered in the Database (Advertisements and letters sent to applicants).

7.1 If the Terms and Conditions provide that VideoCV must be given notice via e-mail, the Customer shall send such notices to the e-mail address of the customer administrator assigned by VideoCV and a copy of the e-mail to info@videocv.io.

7.3 The Parties shall attempt to resolve any disputes arising in the course of the performance of their obligations by way of negotiations. Failing agreement, the dispute shall be resolved in the Harju County Court in compliance with the legislation of the Republic of Estonia.

Terms And Conditions For Applicants

By using our Services, you confirm that you have carefully read and understood these Terms and Conditions agree to be bound by the Terms and Conditions. These Terms and Conditions form a legally binding agreement between the Applicant and VideoCV (the “Agreement”) that shall govern the provision of services provided by VideoCV via our website https://videocv.io.

1. DEFINITIONS

1.1 VideoCV or Us – Creative Panda OÜ (registry code 14098592, registered office Pärnu mnt 142a, 11317 Tallinn, Republic of Estonia).

1.2 Applicant - a natural person using Services.

1.3 Employer - a legal person who has published a job offer in the Database and who uses the Services under Terms and Conditions For Registered Employers.

1.4 Parties - VideoCV and the Applicant.

1.5 Database – the VideoCV database located on the website https://videocv.io that contains job offers and job-seeking notices, videoCVs, CVs and other data related to employment.

1.6 Terms and Conditions or Conditions - these terms and conditions for Applicants for using the VideoCV Database.

1.7 Advertisement - job offer advertisement published in the Database.

1.8 Services - services aimed at applicants via the Website.

1.9 Website - Website https://videocv.io, its subdomains, including the software, databases, interfaces, associated media, documentation, updates, new releases and other components or materials incorporated therein or integrated therewith.

1.10 Agreement - These Terms and Conditions forming a legally binding agreement between the Customer and VideoCV upon the use of the Services by the Customer.

2. THE SERVICE

2.1 The description of the Services that we provide from time to time is available on our Website.

2.2 The Services include the provision of platform to search for job Advertisements and the opportunity to apply for a job included in the Database by way of sending a VideoCV of the Applicant to the Employer via Website.

3. USE OF THE SERVICES

3.1 To use the Services, the Applicant must agree with these Terms and Conditions. Subject to Terms and Conditions, the Applicant is granted a limited non-exclusive license to use the Services. The content of the Services and the Website is solely and exclusively owned and operated by VideoCV. Intellectual property rights, including, but not limited to, any and all copyrights, trademarks, service marks and trade names contained in the Services and on the Website, are owned by VideoCV, its affiliates and/or third-party licensors.

3.2 The use of the Services is not subject to any fee for the Applicant. The use of the Services by the Applicant does not require creation of user account or logging in.

3.3 To use the Services the Applicant shall find the Advertisement suitable and interesting for the Applicant from the Website. Following the instructions provided on the Website, the Applicant is given the opportunity to apply for a job described on the Advertisement by uploading his/her VideoCV on the Website to the Employer.

3.4 The Candidate shall not:

3.4.1 use the Services for any unlawful, obscene or immoral purpose or for soliciting others to perform any unlawful or immoral acts;

3.4.2 violate any international or local laws and regulations in connection with the use of Services;

3.4.3 in connection with the use of Services, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

3.4.4 submit any false or misleading information in connection with the use of the Services;

3.4.5 upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or Website;

3.4.6 spam, phish, pharm, pretext, spider, crawl, or scrape;

3.4.7 interfere with or circumvent the security features of the Services or the Website or any technical measures used to provide the services or any related website.

3.5 The Applicant agrees and understands that VideoCV cannot and do not provide any guarantees concerning expected results of Services. Any and all recruitment decisions shall be solely made by the Employer and VideoCV does not interfere in the decision-making process by the Employer.

4. PRIVACY

4.1 In the course of provision of Services, VideoCV will collect and process personal data about the Applicant. More information can be found in our Privacy Policy available on the Website. By accepting these Terms and Conditions, you also confirm that you have read and understand the contents of the Privacy Policy.

5. RIGHTS AND OBLIGATIONS OF VIDEOCV

5.1 VideoCV shall be entitled to change the Database procedures and menu structure without giving the Customer prior notice.

5.2 All rights to the Database and the Website belong to VideoCV. The Applicant may only use the data contained in the Database for the purpose of using the Services within the scope set out in the description of the Services used by the Applicant. When using the Database in any manner whatsoever (including for the purpose of using the Services), the Applicant shall not receive the copyright to the software required for the operation of the Database.

5.3 VideoCV reserves the right to change any part of Terms and Conditions in case (i) we improve our Services and/or develop new features (ii) we otherwise change the scope or nature of our Services or our related practices (iii) there is a change in costs, expenses, risks and/or liabilities relating to the provision of Services (iv) the purpose of the change is to clarify any of the parties’ rights and obligations relating to the Services and/or (v) there are other objective reasons of whatsoever nature. We will notify each such change by posting revised Terms and Conditions on our Website. If you do not agree to the change of Terms and Conditions, you have a right to terminate the Agreement by sending us a termination notice. Continued use of Website and/or the Services after we have notified you about the changes constitutes your acceptance to those changes. Amendments shall not apply retroactively with respect to the Services ordered by the Customer before their entry into force except in cases where this arises from national legislation or the data protection legislation of the European Union.

6. TERM AND TERMINATION

6.1 Unless explicitly otherwise agreed between the Parties upon using the Services by the Applicant, the Agreement shall be concluded without a term.

6.2 VideoCV shall be entitled to unilaterally terminate the provision of Services without providing advance notice if the Applicant has materially violated these Terms and Conditions or has failed to eliminate any violation within 10 working days as of the receipt of a respective warning from VideoCV via e-mail.

6.3 The Applicant shall be entitled to waive the further use of the Services at any time irrespective of the reason by notifying VideoCV thereof via e-mail.

7. LIABILITY OF PARTIES

7.1 The Applicant shall be liable for the damage caused to VideoCV by violating these Terms and Conditions.

7.2 VideoCV shall not be liable for the accuracy or content of the data entered in the Database or any damage caused to the Applicant as a result of using the data contained in the Database.

7.3 The Services and any content, or services or features made available in conjunction with or through VideoCV Website is provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties.

7.4 VideoCV does not warrant or guarantee that the Services will be compatible with all or any hardware and software which you may use, available all the time or at any specific time, uninterrupted, secure or error free, suitable for your requirements or free from viruses, interference, hacking or other security intrusion.

7.5 Including, but not limited to, we shall not be responsible for the following:

7.5.1 any permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Services;

7.5.2 any interruption or cessation of transmission to or from the Services;

7.5.3 any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Services;

7.5.4 any decision made or any action taken by you in reliance of the data or recommendations provided by us;

7.5.5 deletion of, corruption of, or failure to store any content or data;

7.5.6 any disclosure, loss or unauthorized use of the Access Data due to Customer’s failure to keep such credentials confidential;

7.5.7 the incompatibility of technologies used for accessing the Services, for example if certain features, functions, parts or elements of the Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet.

7.6 VideoCV shall not be liable for any violation of law by the Applicant or Employer in front of any third persons, for example if the Employer violates applicable employment regulation or data processing regulation.

7.7 The Applicant agrees to indemnify VideoCV, our partners and sub-contractors engaged in provision of Services against any costs, damage, claims (including but not limited to claims of third parties), liabilities and expenses incurred as a result of Applicant’s violation of this Agreement, any provisions of the applicable law or provisions of third party contract.

7.8 In any case, VideoCV’s liability for violation of this Agreement shall be limited to the monthly fee actually paid to VideoCV for the Services provided hereunder. The limitation is not applied in case of wilful breach of this Agreement.

7.9 VideoCV shall not be liable to you for anything that is the result of any events beyond our reasonable control (“Force Majeure”), including, but not limited to, acts of nature, storm, fire, earthquake, explosion, flood, war, insurrection, riots, terrorism, crime, labor shortages and strikes, lockout or other industrial action, embargoes, terrorism, crime, the weather and climate conditions, default or failure of a third party, electrical failure, confiscation and action or threat of action of any government or government agency.

8. FINAL PROVISIONS

8.1 After the expiry of the period for using the Services, the Customer shall be unable to use the respective Services, but they shall retain access to the data they have entered in the Database (Advertisements and letters sent to applicants).

8.2 If the Terms and Conditions provide that VideoCV must be given notice via e-mail, the Customer shall send such notices to the e-mail address of the customer administrator assigned by VideoCV and a copy of the e-mail to info@videocv.io.

8.3 The Parties shall attempt to resolve any disputes arising in the course of the performance of their obligations by way of negotiations. Failing agreement, the dispute shall be resolved in the Harju County Court in compliance with the legislation of the Republic of Estonia, unless the Applicant has the right to lodge the court of his/her residence.