Terms & Conditions

Summary of ITme Successful Hire Fee Terms and Conditions

 

Introduction

Welcome to ITme's Successful Hire Fee Terms and Conditions. We connect recruiters and companies, offering a transparent fee structure for successful hires. Below are key points to remember:

• Flat Fees: Companies posting job ads pay a 12% fee based on the Gross Annual Salary (GAS) for successful hires. Recruiters initiating conversations with candidates pay an 8% fee.

• Chat Limit: Recruiters are limited to initiating 20 new chats per day to ensure targeted and quality interactions.

• Confidentiality: All candidate introductions are strictly confidential. Unauthorized sharing of candidate information is subject to penalties.

• Candidate Suitability: It is your responsibility to validate skills, background, and legal requirements.

• Termination Policy: Termination notices require 30 days' notice, with immediate termination for breaches.

 

Section 1: Parties

This Successful Hire Fee (SHF) Terms and Conditions (the "Agreement") is entered into by and between ITme (hereinafter referred to as "ITme"), a company registered in Portugal, and the user accessing the ITme platform and purchasing SHF services (hereinafter referred to as the "User"). By accessing or using the ITme platform, the User agrees to be bound by the terms and conditions of this Agreement. If the User does not agree to the terms and conditions of this Agreement, they must not access or use the ITme platform.

 

Section 2: Your Obligations, Fees, and Payments

2.1. User's Obligations:

• Inform ITme within 10 business days from the date when an engagement with a candidate has been accepted, providing ITme with the gross annual salary (GAS) and the start date unless an agreement is still to be reached.

• Pay the hiring fee in accordance with the provisions of this clause, on or before its due date.

2.2. Hiring Fee Period:

• The hiring fee is payable if you engage a candidate within the period of 12 months from the date of the introduction of the candidate to you by us.

2.3. Engagement of Non-Introduced Candidates:

• If you engage a candidate who was not introduced by us but had been approached by us in the past 12 months, the hiring fee is payable to us in accordance with clause 2.4, except where you can provide significant proof that the candidate had been contacted or referred by you beforehand according to clause 2.1.2.

2.4. Criteria for First Contact by ITme: A candidate will be considered as first contacted or referred by us if at least one of the following occurs:

• We reach out to the candidate through any form of verbal or written communication (e.g., in-person, email, Intercom, phone, Skype, SMS, LinkedIn, etc.).

• The candidate visits our platform and submits a resume or application for a job posting.

• The candidate replies to a direct message through the ITme Platform that leads to a successful recruitment process.

• The candidate responds to any marketing or recruitment efforts made by us.

2.5. Hiring Fee Calculation:

• The hiring fee for job ads is equal to 12% of the GAS.

• The hiring fee for direct messaging is equal to 8% of the GAS.

2.6. Payment Due Date:

• The hiring fee is due and payable to us within 30 days from the date of the invoice.

2.7. VAT and Interest:

• All fees are subject to VAT at the applicable rate as of the invoice date, if applicable.

• We reserve the right to charge interest on any unpaid invoices at the rate of 8% per annum above the base rate set by the Bank of [Relevant Country] from the due date until the date of payment.

2.8. Consequences of Non-Payment:

• If you fail to pay the hiring fee when due, we may terminate your access to the ITme platform and pursue any other legal remedies available to us.

 

Section 3: Refunds and Guarantees

3.1. Refunds and Fee Reductions:

• Under no circumstances will we refund any payments made or reduce an invoiced hiring fee for a successful engagement. If a candidate does not start the engagement on the agreed start date due to withdrawal or failure to show up, the engagement will be considered canceled, and no hiring fee will be charged.

3.2. Replacement Guarantee:

• If within 45 days of the start date, an engagement is terminated by either you or the candidate due to the candidate's lack of fit for the position, we will replace the candidate for the same role and level of experience at no extra cost to you. However, you must notify us in writing with clear justification for the termination within 10 business days of its occurrence.

3.3. Definition of Termination Date:

• For the purposes of this clause 3, the date of termination of the engagement is the date when the candidate stops working or would have stopped working for you due to legal requirements or the terms agreed upon with the candidate, whichever is later.

3.4. Additional Terms for Direct Messaging Users:

• For direct messaging users, the replacement guarantee will apply when a candidate is introduced through direct messaging and subsequently engaged.

 

Section 4: Your Rights

4.1. User's Rights:

• By accepting and following these SHF terms and conditions, you are entitled to the rights and benefits associated with the SHF package you have chosen, and ITme will create the necessary conditions for you to exercise these rights. The benefits and rights will not change unless agreed upon in writing by both parties.

• Your rights are for your use and the use of your representatives only, and ITme will not recognize your rights (or any part of them) to any third party.

 

Section 5: Introductions to Third Parties

5.1. Confidentiality of Introductions:

• All introductions of candidates are strictly confidential, including all information provided with the introductions. You and all of your representatives must not disclose any of the information acquired upon introduction or the existence of the introduction to any third party. You are responsible for ensuring that your representatives maintain confidentiality.

• If you wish to disclose a candidate's information to a third party (the "Introduction to Third Party"), you must notify us in writing and may only proceed with the introduction with our written approval.

5.2. Hiring Fees for Introduction to Third Party:

• If within 12 months of your introduction of the candidate to the third party, the candidate is hired, you will pay the corresponding hiring fees.

5.3. Unauthorized Introduction to Third Party:

• If an Introduction to Third Party occurs without our approval, you will be responsible for paying €20,000 in liquidated damages.

 

Section 6: Suitability Checks

6.1. Candidate Suitability:

• ITme will do its best to assess the suitability of candidates for introduction to you based on its best recruitment practices and to the best of its ability.

6.2. User's Responsibility:

• However, it is your responsibility to inquire and determine the suitability of the candidate based on your own judgment, criteria, and at your own risk. As part of the recruitment process for a candidate, you must:

  • Validate the skills and motivations of the candidate to assess their fit for the job and their ability to perform the required tasks.

  • Verify and inquire about the professional and experience background of the candidate and conduct any necessary background checks.

  • Assess the candidate's legal right to work and verify whether any permissions, visas, enrollments, exams, or other requirements or checks are needed by law to hire the candidate for the intended role.

6.3. User's Accountability:

• We are not liable for any inadequacy of the candidate after their hiring or for any loss or damage caused to you by the candidate before or after their hiring.

6.4. Job Descriptions and Legal Requirements:

• To enable ITme to fulfill its obligations, you must provide ITme with detailed job descriptions, including the required skills and qualifications, for each engagement. You are also responsible for ensuring that any necessary licenses, permits, or other approvals required for the engagement are obtained.

6.5. Reporting Concerns:

• You must inform ITme in writing of any concerns or issues with a candidate within 10 business days of the start date of their engagement.

 

Section 7: Limitation of Liability

7.1. Limited Liability:

• Except in the case of fraud, gross negligence, or willful misconduct, ITme's liability to you for any loss or damage arising from or in connection with this Agreement, including any breach of contract, tort (including negligence), or breach of statutory duty, shall not exceed the total hiring fees paid by you to ITme in the 12 months preceding the date on which the claim arose.

7.2. No Indirect or Consequential Losses:

• ITme is not liable for any indirect or consequential losses, including but not limited to loss of profits, loss of business, or loss of reputation.

7.3. Statutory Rights:

• These limitations of liability do not affect your statutory rights as a consumer.

 

Section 8: Termination

8.1. Termination with Notice:

• This Agreement and the Terms will continue until terminated by either party upon 30 days' written notice.

8.2. Immediate Termination:

• ITme may terminate this Agreement and the Terms immediately if you breach any of your obligations under this Agreement or the Terms.

 

Section 9: Governing Law and Jurisdiction

9.1. Governing Law:

• This Agreement and the Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Portugal.

9.2. Jurisdiction:

• Any disputes arising out of or in connection with this Agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of Portugal.

 

Section 10: Representations and Warranties

10.1. User's Representations and Warranties:

• By accepting this Agreement, you represent and warrant to ITme that you and your representatives:

  • Will have a respectful and honorable attitude throughout the Candidate's recruitment process, complying with all laws, the Terms, this Agreement, and ITme's Privacy Policy.

  • Will ensure a respectful, informative, truthful, timely, and constructive relationship with all Candidates.

  • Will ensure that all job opportunities published on ITme's platform correspond to current open vacancies at your company and that the requirements disclosed are true and not fraudulent or misleading.

  • Will adhere to all laws and refrain from any corrupt, bribe, or fraudulent practices.

 

Section 11: Data Privacy

11.1. Data Privacy:

• ITme takes the privacy of its clients and candidates seriously. ITme's Privacy Policy at [Privacy Policy URL] is hereby incorporated. ITme's Privacy Policy applies in addition to the Terms and this Agreement.

• All rights, title, and interest in and to the client data belong to you (as the "Data Controller"), whether posted and/or uploaded by you or otherwise.

• By providing ITme with client data, you engage ITme to access, use, and process such data in connection with the services ITme provides to you and warrant to ITme that:

  • The client data does not and will not violate these Terms, applicable laws (including the General Data Protection Regulation and any implementation laws, ordinances, or regulations as applicable), rights of third parties, and is not harmful (e.g., does not and will not contain viruses, worms, malware, or other destructive codes).

  • The client data is not and will not be considered offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive, defamatory, hateful, or otherwise unlawful.

  • You have the necessary rights and possess any necessary consents from data owners to use the client data and pass it on to ITme for the purposes of and/or in connection with the services ITme provides to you.

  • You understand that client data may, in certain circumstances, be shared with ITme's partners, collaborators, suppliers, or subcontractors according to the services ITme provides to you and authorize ITme to share such data with any and all of them as necessary to perform the necessary services.

 

For any further information or queries relating to these terms and conditions, please contact the ITme Team at hello@itme.tech.