Terms of Service

Fresh Recruiter

Terms of Service

§1 General provisions

1. The Terms of Service describe the functioning of freshrecruiter.com and the terms of service of sharing IT infrastructure used for recruitment and management of human resources.
2. For the purposes of these Terms of Service, the following terms mean:
1. Terms of Service: the Terms of Service available atwww.freshrecruiter.com;
2. Website: the website available at www.freshrecruiter.com; www.freshrecruiterapp.com
3. Service: sharing IT infrastructure used for recruitment and management of human resources;
4. Service Provider: ŁUKASZ ZALIBOWSKI FRESH RECRUITER, Pawia 9, 31-154 Kraków, NIP 9482226924, REGON 120540692, who can be contacted via e-mail hello@freshrecruiter.com or the contact form made available at the Website;
5. User: natural or legal person or any other entity able to enter binding legal contracts which is using the Service in relation with their professional activity and signed up for the Service.

§2 Using the Service

1. The service has been created to provide access to IT infrastructure including tools required for evaluation of job candidates and employees, as well as personal data analysis.
2. The offered service is free of legal flaws.
3. The price of the Service is given in US Dollars (USD), subject to sales tax applied according to the User’s country of legal residence. Full price of the Service is given at checkout.
4. To use the Service, it is required to:
1. Choose one of the plans available in the payments section;
2. Create the User Account and pay the required fee for the Service.
5. Following functions are available with the Service:
6. FREE TRIAL Account: one User can access the Service. The User must be a natural person and the account is assigned to that individual. The Service is provided for free 30 days from the registration;
7. LITE Account: the Service is provided to one User, who is a natural person. The account is individual and assigned to that person. The Service is provided for 90 days from the payment of the fee;
8. Professional Account: the Service is provided to one User, who is a natural person. The account is individual and assigned to that person. The Service is provided for 365 days from the payment of the fee;
9. Corporate Account: the Service is provided to an unlimited number of Users based in one company. The account is assigned to that company. The Service is provided for 365 days from the payment of the fee.
10. The Service is provided immediately following the payment made with the payment systems available at the Website.
11. The User is obliged to:

1. Use the Service in accordance with its purpose;
2. Refrain from actions, which could affect negatively the Service or computer systems of the Service Provider or interfering in any way in the Service;
3. Refrain from including in the Service contents that are illegal or infringing of other party’s rights;
4. Process personal data in the Service in accordance with applicable laws and acquiring consent from the persons, whose data is processed in the Service;
5. Not share their login and password with any third parties and assure required safety of the login and password;

8. After termination of the Service in the respectable billing cycle, the data entered by the User will be stored for 30 days, after when it will be deleted.
9. The Service agreement is terminated after the end of the billing cycle.

§3 Minimum technical requirements

1. To use the Service, the User has to possess:

1. A PC, a smartphone with the latest software updates installed, a tablet or other mobile devices used for browsing the Internet;
2. An internet connection;
3. An up-to-date version of Firefox, Chrome, Safari or Microsoft Edge;
4. Installed Adobe Flash Player plugin and enabled JavaScript, frames and CSS styles.

§4 Service Provider’s liability

1. Despite using highest levels of security, the Service Provider is not liable for temporary and unexpected malfunctions of the Service, caused by hacker attacks, random events, catastrophes, an act of god or other independent of the Service Provider events.

1. In case of unavailability of the Service, the User is entitled to prolonging the accounts duration for the number of days, during which the Service was unavailable.
2. The Service Provider’s liability is limited to the amount billed in the last billing cycle.
3. The Service Provider’s liability is exclusive of lost profits or contractual penalties paid by the User.
4. The Service Provider is not liable for:

1. 1. 1. Contents that are illegal or infringing of other party’s rights entered into the Service by the User;
      2. Personal data of the candidates, entered into the Service against their will;
      3. Loss of access to the Service caused by sharing the login and password with third parties;
      4. Client’s losses caused by short-term breaks in access to the Service i.e. no longer than 5 hours.

§5 Service Provider’s rights

1. The Service Provider is entitled to terminate the agreement with and immediate effect with the use of a permanent data carrier (e.g. e-mail) in case of:
1. Breach of any provisions of the Terms of Service by the User;
2. User’s actions negatively affecting the Service Provider;
3. Entering contents that are illegal or infringing of other party’s rights into the Service.
2. In case of a justified suspicion of the Service provider, that the Standard or Professional account is used by more than one User, the Service Provider may demand explanations from the User, If the suspicion is confirmed, the agreement will be terminated immediately.
3. If the Service Provider is informed of processing personal data by the User against the respectable laws, the Service Provider may inform appropriate agencies.
4. The Service Provider reserves the right to temporary unavailability of the Service, due to renovation or upgrading the Service, after informing the Users of the Data Read Service at least 5 days before the planned works.

§6 Renouncement of the agreement

1. The Service Provider entitles the Users to renounce the agreement in 14 days from its entering into force. The agreement will be deemed null.
2. The User may renounce the agreement with an explicit statement sent by e-mail or via the contact form available at the Website.
3. In 14 days from the receipt of the User’s statement, the Service Provider will refund the full price paid for the Service, using the same means as the User who made the payment, unless agreed otherwise.

§7 Complaints

1. In case of malfunction of the Service or improper execution of the Service, the User may file a complaint by sending to the Service Provider’s email hello@freshrecruiter.com or via the contact form available at the website.
2. The Service Provider will immediately inform the User of receiving the message including the complaint.
3. The complaint shall be made in 30 days from the event described in the complaint.
4. The complaint will be examined immediately, but in no more than 48 hours. If the Service Provider does not answer to the complaint in 14 days, the User's complaint will be regarded as agreed to.
5. In case of a negative answer to the User’s complaint, the answer will be sent to the User with a permanent data carrier (e-mail or post) along with a statement agreeing or disagreeing to Alternative Dispute Resolution. Lack of the statement will be regarded as consent.

§8 Dispute resolution

1. In case of any disputes, the Service Provider encourages amicable solutions.
2. Potential litigation will be subject to the User’s jurisdiction.

§9 Final provisions

1. The Terms of Service will come into force on July 3, 2017.
2. The Service Provider reserves the right to alter the Terms of Service, after informing the Users via the Service’s website and e-mail, not later than 14 days before the planned changes.
3. The User informed of the changes of the Terms of Service with an alert made visible at the website may accept or reject the changes. In case of rejection, User’s account will be deleted. In cases not included in the Terms of Service, the provisions of polish law are binding.