General TermsDefinitions of terms
The terms "BestJobs.ro", "BestJobs.eu", "Sites", "Site", "BestJobs Recrutare SA", "us", "the company" represents the company BestJobs Recrutare SA and its services offered through BestJobs sites network.
BestJobs Recrutare SA has its headquarters in Targu Mures, TARGULUI St., no. 1/B, 1st floor, Mures county and is registered at the Register of Commerce no. J26/717/2010, fiscal code RO27661233.
By "User" we understand all individuals or legal entities who access BestJobs sites, no matter the reason.
The terms "Rules", "Agreement", "Contract", "Terms and conditions" are used to designate this contract.
User Acceptance Agreement
This agreement applies to all BestJobs sites, services and their content. By creating an account on any BestJobs sites, the system will generate a profile accessible on all sites, but it will be possible to deactivate it, by using the corresponding options on each site.
BestJobs provides its service to you, subject to the following Terms and conditions, which may be updated by us from time to time without notice to you. In addition, when using particular BestJobs owned or operated services, you and BestJobs shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and conditions. If you do not accept the terms and condition, do not use the BestJobs sites. By using the site you agree to its “Terms and Conditions”. BestJobs, hereinafter reffered to as `Company`, can revise this document in any moment, by updating this page. We recommend you visit this page periodically and read the “Terms and Conditions”, to which you are legally binded. Using Bestjobs represents your consent to all modifications made in the present agreement.
BestJobs sites provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BestJobs sites to provide the Service.
You also understand and agree that the Service may include certain communications from BestJobs, such as service announcements, administrative messages and BestJobs Newsletter, and that these communications are considered part of BestJobs membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "as is" and that BestJobs Recrutare SA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The access to some of BestJobs services may be fee-based. The subscription payment will be based on a proforma / invoice, in the Romanian currency Lei, the Euro conversion being performed on the invoice emitting date. The access to some services is conditional and will be allowed after the payment is confirmed and the transfer into BestJobs account is made. If you do not wish to use the service anymore, you understand and agree that the payments already made will not be refunded.
RECRUITMENT VIA AGENTS
Bestjobs Client/Employer = any person who has business relationships with Bestjobs, as an Employer, and whose job vacancies are promoted on www.bestjobs.eu, based on a user account registered on our platform.
Hiring reward = an optional functionality that may be activated by the Employer with the purpose of providing a reward in case of recruiting the suitable candidate for the vacancy. Should the candidate become hired through direct application, the candidate is entitled to claim the reward, in case the employment is carried out as a result of a recommendation from a third party, or an Agent, through our platform, the reward shall be awarded to the person submitting the recommendation. If the employment is carried out as a result of direct application by the Candidate or through the recommendation of a third party, without having the capacity of Agent, as defined below, the reward shall consist of Bestjobs credits that may be used as payment instruments on www.bestjobs.eu or on affiliated platforms of our group of companies. In case the employed candidate submits a direct application but is also recommended by an Agent/third party, the reward shall be provided based on the principles of anteriority in regard to the moment of CV submission to the Employer.
Bestjobs Reward = the amounts collected by Bestjobs based on the confirmation of employment of the recommended Candidate, calculated percentually according to the fees applicable, available on the platform when the functionality is activated, provided in Bestjobs credits.
Agent Reward = amounts to be paid by Bestjobs to the Agent, representing the value of their recommendation services, conditioned by their success, resulting in the confirmation of the employment of the recommended person. The Agent Reward is calculated percentually, according to existent fees applicable when the reward is offered.
Bestjobs Agent = legal professional entity authorized to perform recruitment services for third parties as a recruitment agency, according to the registered domain activity, assigned to provide the service of recruitment via agents.
Candidate = physical person with labor capacity, in search of employment, whose CV may be recommended by an Agent or another third party to the Employer, in view of hiring.
RECRUITMENT VIA AGENTS FUNCTIONALITY DESCRIPTION
By activating a the reward optional within the job vacancy announcement on www.bestjobs.eu, the Employer shall empower any third party (an Agent who is a collaborator of Bestjobs, or any other user of the platform) to submit CV recommendations of the most suitable candidates for the vacant position, according to their internal network of candidates. The recommendations shall be submitted into the Employer's account registered on the platform.
The announcements with rewards shall contain a description of the vacant job position, the attributes and salary provided, as well as the profile of the suitable candidate. As such, the salary offered during the job vacancy announcement shall become visible to the Agents, even if their status is set as ”confidential” by the Employer. The decision to interview and select the candidate for employment belongs exclusively to the Employer according to its' internal recruitment policies.
The employer shall have the obligation to inform the Agent as well as Bestjobs about the status of the recruitment of the recommended candidates and to confirm the employment within 5 working days from the conclusion of the labor contract, or other types of employment.
Upon the activation of the job vacancy announcement with recommendation, Bestjobs shall collect the applicable service fees calculated in Bestjobs credits and retain them for a period of 3 months, having to reimburse them after the expiry of the aforementioned period, should the Employer provide evidence that it hasn't carried out any employments for the vacancy published or for any other positions within the company of the recommended persons.
Based upon the information provided regarding the employment of the recommended candidate, Bestjobs shall collect its’ fees in consumed Bestjobs credits, and subsequently deduce and transmit to the Agent/third party/candidate their own rewards, according to the above.
Payment terms as well as applicable fees shall be provided in an updated manner in the pricing section of the platform, according to their availability when the services is activated.
OBLIGATION OF THE PARTIES
The Agent/third party shall:
- use any personal, specific and necessary means with the purpose of fulfilling its assumed obligations towards the Employer, within the terms and conditions provided in the job announcement as well as those applicable to the present document.
- solicit and receive any information and necessary documentation regarding the selection criteria of candidates
- to obtain the prior agreement of the candidates with the sole purpose of processing their personal data in view of recommending them to Employers
- to provide Bestjobs with evidence regarding the employment of the recommended candidate, the payment of any Agent fees being conditioned by prior the receipt of the Bestjobs Fees from the Employer
The Employer shall:
- provide the Agent, in writing without additional costs the information and documents necessary to establish the recruitment criteria
- provide the Agent/third party as well as to Bestjobs, within 5 working days from the interviewing process the decision regarding the employment of the candidates, by emailing correspondence or by setting the appropriate status in the employer’s dedicated account on the platform.
- Pay the Bestjobs Fees within the terms, conditions and specified amounts according to the optional reward functionality activated.
- Provide access to information of the provided salary included in the job announcements for Agents.
Bestjobs reserves its’ right to verify by its’ own methods the fulfillment of the above obligations. In case the Employer refuses to confirm the status of employment, or provides false information in this respect, Bestjobs shall be entitled to claim the full payment of its’ services provided, and also to prohibit the Employer from further use of Bestjobs services.
Through Grow services, our Company provides our clients the opportunity to receive online consultancy sessions in various domains, such as coaching, mentoring, psychology, therapy or legal assistance, based on a prior appointment, according to the availability of the services and of the parties.
The services are provided by collaborating partners of Bestjobs, entities that are authorized to provide business and management consultancy services or professional and personal counseling, as well as legal counseling for third parties, according to their domain of expertise within online video-call sessions.
The service features regarding their applicable domains and categories, session duration, as well as the applicable service fees are found within the offer section of the platform and Bestjobs reserves its' right to unilaterally update, complete or modify these features, as well as to implement new types of services and eliminate existing ones
DATA PRIVACY AGREEMENT
The following chapter shall specify the conditions necessary in order to provide adequate warranties for the protection of personal data during their processing.
Regarding personal data processing, both parties shall act as joint data controllers, and shall fulfill their obligations as per the provisions of GDPR, with personal liability for the legality of processed data.
The specific obligations of the parties are the following:
a.) not to process the personal for other purposes than that of the service provision
b.) to provide the other party all the necessary information to demonstrate the fulfillment of obligation derived from GDPR
c.) not to initiate or determine any activities resulting in the breach of GDPR by the other party
d.) to process personal data received by the other party based on the principles of legality, equity, transparency, limitation of purpose, data minimization, accuracy, storage limitation, integrity, confidentiality and responsibility;
e.) to inform the other party without delay about any breach of GDPR and to apply the necessary measures in order to ensure the protection of personal data
f.) not to disclose the personal data obtained through the collaboration directly nor indirectly to any third parties, without the prior express agreement of the other party, with the exception of auxiliary staff (collaborators, attorney-in-facts, representatives, employees, etc.) who are inherently committed to the execution of the service as well as the data processing, and shall ensure that all auxiliary staff shall fulfill all criteria and instructions in matters of data privacy and confidentiality.
g.) to institute and maintain sufficient and adequate technical and administrative safety measures for the protection of personal data or other information against accidental or illegal destruction, deterioration, alteration, unauthorized access, or disclosure.
The parties undertake to respect the provisions of Chapter III of the GDPR concerning the exercise of rights belonging to data subjects. Accordingly Bestjobs does not assume liability for any infringement of personal data protection committed by the Employer or by the Agent and reserves it’s right and reserves its right for regress against any damages, including administrative sanctions which might result from the their default.
The infringement by any of the parties of the provisions of the current document shall constitute a severe contractual default and shall entitle the other party for immediate denouncement, based on a termination notice issued to the culpable party, without any delays, suspension or rectification period, and without the intervention of an arbitrary court or other judicial institution.
Orders / Usage
An order is considered firm when the Beneficiary acting as a professional entity sends it to the Provider on its website specifying the service ordered. An order can be canceled within maximum 48 hours after placing it, only if the purchased services were not used. If one or more job ads credits were used / the job ads were posted the cancellation of the usage and associated order can not be done. Furthermore, in case the order activates a monthly subscription, the aforementioned provisions are not applicable, having in mind that monthly subscriptions may be canceled only after the expiry of their minimal validity period.For details contact us: (+40) 317 104 224, email@example.com.
Through the usage of our services you acknowledge and give your consent regarding the fact, that your access rights to visualize any material (including unblocked CV-s) purchased on the Bestjobs platform, are not provided for an unlimited amount of time in your account. Therefore, Bestjobs Recrutare SA reserves its’ unilateral right to remove any CVs stored in the employers’ account for a period longer than a year, without any prior notice.
Special withdrawal conditions for consumers
In case the services provided on our platform are purchased by natural persons acting as consumers according to legal provisions, they may exercise their right of withdrawal according to OUG 34/2014 regarding the rights of consumers in contracts concluded with professionals, within 14 calendar days from the purchase order/service order, the exceptions provided at art. 16 in OUG 34/2014 being applicable.
Consumers may exercise their right of withdrawal by transmitting an email request to the company at the following address: firstname.lastname@example.org, specifying the identification elements of the ordered service as well as the purchase date.
Furthermore, in case the ordered service requires multiple, successive or repetitive executions, the service is considered to be fully provided after the first execution (for example, when scheduling a service package containing multiple sessions), the consumers hereby acknowledge that after the first session is provided, they lose their right of withdrawal.
Your registration obligations
In consideration of your use of BestJobs Recrutare SA services, you agree to:
1) provide true, accurate, current and complete information about yourself as prompted by the service`s registration form and
2) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, BestJobs Recrutare SA has the right to suspend or terminate your account and refuse any and all current or future use of the its Services.
Our support team will definitive block the users` access to the site BestJobs.ro and BestJobs.eu, for all accounts held by them, which violates the terms and conditions of use:
1. pornographic / erotic and personal inforamtion wrong usage / fake profiles - immediate and permanent ban
2. spam and inappropriate language - permanent ban after 1 warning
Thank you for understanding!
Ads for video chat operators, erotic massages or similar services are not accepted on the BestJobs website.
A job ad can only be posted in the cities for which you are recruiting.
BestJobs Recrutare SA may, without any other notice or formality with no need to explain this to his attitude, suspend or block access to the site content or part of this content. Companies recruiting for Abroad are asked to send a copy of registration from the Labour Inspectorate in the area which are located by email to email@example.com.
As user, you are responsible of your own actions and of the consequences these might have, by posting the materials you upload or make available in the account at your disposal.
You agree to not use the service to:
a) upload, post, email, transmit or otherwise make available any content that infringes any copyright or other proprietary rights;
b) upload, post, email, transmit any content that is obscene, defamatory, harmful, threatening for another user, individual or legal entity or a third party;
c) to post, distribute or transmit material (images, text):
- pornographic, erotic or sexually explicit material of any kind in any form
- that promtoes acts of pedophilia, incest or bestiality
- that promotes hate for certain groups of people, for reasons of: race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or identity.
d) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code designed to interrupt or limit the functionality of any computer software
e) upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
It is forbidden to create personal profiles in order to promote: videochat, escort services, erotic massage, or other services of this type. To promote a company or services it is mandatory to use the business profile, in compliance with all terms and conditions specified in this document.
g) to have multiple addresses that look alike or are created on the same theme;
h) to provide material support or resources about illegal activities or to promote physical or verbal harm against any group or individual, to promote cruelty to animals. This may include (but not limited) to provide information about the way of making, buying or assembling of bombs, grenades or other types of weapons and "crush" sites creation;
i) post, transmit in any other way personal information (name, address, phone numbers) or their registration in the sections which may be seen by other users (descriptions, nicknames etc.);
j) use the materials obtained through Bestjobs platform for competitive purpose
k) post, transmit any other material that violates in any way the current legislation.
BestJobs does not guarantee the accuracy, integrity or quality of content submitted by its users and does not underwrites an opinion stated by one of its users.
BestJobs acts passively in online delivery and posting of information provided by users and is not liable to pre-check the posted material. Thus, BestJobs is not responsible in any way, regarding the information and data posted by its users. If this will be required by a user, the company may investigate and check the affirmations and may decide whether information must be moved away or no.
BestJobs may assume actions or measures regarding the user or against the information submitted by user. By submitting material in any public or private segment on the site, including forums, contests or chat rooms you warrant BestJobs the continuous right (including moral rights) and license to use, modify, adapt, post, translate or publicly communicate the content, to international scale or to include it in other works of any type, in mass-media or known technology or future technology. You allow to any subscribed individual to access, visualize, stock or copy such material in personal purposes. Subject to those mentioned above, the owner of posted material keeps any of the rights that might derive from here.
The client vs. customer confidentiality privilege constitutes an exception from the above, within the Grow services the company shall not record for itself or other third parties, collect or access the information and materials shared by the parties throughout the provision of the online sessions.
We appreciate the messages from out clients and we welcome your comments regarding our services. We draw your attention that our policy does not allow us to accept or take always into account the creative ideas, suggestions, inventions or materials, other than those expressly solicited.
Information for users
BestJobs has the right to offer you services and products belonging to a third, based upon the information you mentioned in your registration, at any moment after it took place; such offers may be made by BestJobs or by a third party.
Account, password and security
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify BestJobs of any unauthorized use of your password or account and ensure that you exit from your account at the end of each session. BestJobs cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
BestJobs reserves the right, at its sole discretion, to block your password, the use of its services, remove any material posted on its sites, for any or no reason. Also, BestJobs, can suspend service provision or a part, with or without any notice.
You agree that BestJobs may, under certain circumstances and without prior notice, immediately terminate your BestJobs account, any associated email address, and access to the service. Further, you agree that all terminations for cause shall be made in BestJobs`s sole discretion and that BestJobs shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Use of materials
BestJobs authorizes you to vizualize and download a sole copy of materials from BestJobs Sites only on personal purposes and not for commercial use. The content of these sites, texts, graphics, photos, software as well as other materials are protected by copyright. The whole material is property of BestJobs. The compilation (that is gathering and re-arranging) of the content of this web site is the exclusive right of BestJobs, protected by law. You do not have permission to sell or change the material, to expose it in public, to deliver or use it in any other way, in public or commercial purposes.
On the servers belonging or being rented by BestJobs, the access of any unauthorized user is forbidden. In the case of trying and accessing, without any right, of this servers, the action is a violation and will be punished according to Romanian laws.
It is strictly forbidden to use the information from the database and any material obtained through the use of Bestjobs platform or services provided by Bestjobs for competitive purposes, whether their character is free or paid. If Bestjobs finds that there are serious indications of violation of the above ban will proceed to block and delete the user`s account culpable in this sense, without any compensation. Also, the penalty for the violation of the above ban will remove the user` s right to refund of any amounts paid to purchase Bestjobs services no matter if until that date the paid services were used entirely or partially. Propriety of materials and information submitted on BestJobs.ro and BestJobs.eu sites
BestJobs Recrutare SA does not claim ownership of materials you submit or make available for inclusion on the service (including observations and suggestions). By submitting content to any public or non-public area of any BestJobs Site, you grant BestJobs Recrutare SA and its affiliates the permission to use, reproduce, modify, adapt, publish, translate, distribute, mention your name related to the submitted material.
No compensations will be pretended or given for using the material as stated above. BestJobs Recrutare SA does not have the obligation to post on the site or use in any other way the material submitted by you; BestJobs Recrutare SA shall have the right to remove any content anytime and without having a particular reason.
Content of profile pages and job ads on BestJobs.ro and BestJobs.eu
BestJobs Recrutare SA does not have copyright for the content of displayed pages in the space at disposal of users on BestJobs.ro and BestJobs.eu. By submitting content for inclusion on your BestJobs Site, you grant BestJobs Recrutare SA the royalty-free license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your BestJobs Site. This permission exist as long as your site is hosted on the site belonging to BestJobs Recrutare SA and will be ended when your account on BestJobs.ro and BestJobs.eu will be deleted. You acknowledge that BestJobs Recrutare SA does not pre-screen the content, but BestJobs Recrutare SA or its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the service. BestJobs Recrutare SA and its designees shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Mentioning contact data (phone number, email address, web address etc) in the details of job ads published on bestjobs.eu platform is strictly forbidden and is a violation of Terms and Conditions of the platform. BestJobs reserves the royalty-free license to edit, modify, adapt and respectively remove totally or partially any content falling under the incidence of the above.
Relationship with companies that advertise on BestJobs.ro and BestJobs.eu
BestJobs Recrutare SA runs advertising campaigns and promotions on its sites.
Correspondence or business or participation to promotions of advertising campaigns found on our sites, including payment or delivery of goods or services and any other conditions, terms, warranties or representations associated with such relationships are solely your responsibility and these companies respinsibility. You agree that BestJobs Recrutare SA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
By accepting these terms of this Contract you also understand and agree that the service may include certain communications from BestJobs Recrutare SA emails or special offers.
Links to other providers of information or services
BestJobs sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BestJobs Recrutare SA has no control over such sites and resources, you acknowledge and agree that BestJobs Recrutare SA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
Moreover, you acknowledge and agree that BestJobs Recrutare SA in no event shall be liable for any damages resulting from the use any BestJobs Recrutare SA site and the web site content.
BestJobs Recrutare SA liabilities
Because user authentication on the Internet is difficult, BestJobs Recrutare SA cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any BestJobs Site, in the event that you have a dispute with one or more users, you release BestJobs Recrutare SA (and our agents and employees) from claims, demands and damages (actual and consequential, 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.
BestJobs Recrutare SA does not have the obligation to control the content posted by its users and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the services, you may be exposed to content that is offensive, indecent or objectionable.
The material might contain inexact things or misspellings. BestJobs Recrutare SA does not assume the accuracy of the material on the site. You acknowledge and agree you are the sole responsible for the form, content or accuracy of the material you place on the website.
Limitation of liability
You expressly understand and agree that BestJobs Recrutare SA shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other losses (even if BestJobs Recrutare SA was previous informed about the posssibility of such losses) resulting from:
a) the use or the inability to use the services of BestJobs.ro and BestJobs.eu;
b) unauthorized access to or alteration of your transmission or data;
c) statements or conduct of any third party on BestJobs Recrutare SA services;
d) any other matter relating to the service.
You also understand and agree to:
a) you are solely responsible for using the services. Services are provided "as is".
b) BestJobs Recrutare SA makes no warranty that:
b.1) the services will meet your requirements;
b.2) the services will be uninterrupted, timely, secure or error-free;
b.3) the results that may be obtained from the use of the services will be accurate and reliable
b.4) any errors in the software will be corrected;
c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
If any of the stipulations in this chapter of "Terms and conditions" is considered invalid by the legal forums, the invalidity of such stipulation will not affect the validity of other stipulations of "Terms and conditions". The "Terms and conditions" represents an agreement between you and BestJobs Recrutare SA regarding the use of BestJobs.ro and BestJobs.eu.
These terms and conditions may be updated by us from time to time without notice to you. You can review the most current version of the Terms and conditions at any time accessing this page.
The "Terms and conditions" constitutes the entire agreement between you and BestJobs Recrutare SA and governs your use of the BestJobs Recrutare SA sites services, superseding any prior agreements between you and v and its sites (including but not limited to a previous version of the Rules). You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BestJobs Recrutare SA services, affiliate services, third-party content, or third-party software. The "Terms and conditions" and the relationship between you and BestJobs Recrutare SA shall be governed by the Romanian laws.