CONTRACT – OFFER

ON GRANTING A NON-EXCLUSIVE LICENSE FOR THE RIGHT TO USE A FRAGMENT OF THE DATABASE and conditions for providing other services on the site www.clarusapex.com.

 

This Agreement is a treaty of accession within the meaning of Art. 634 of the Civil Code of Ukraine, the terms of which are established by the Limited Liability Company “APEX AV” (hereinafter – the Company and/or the Licensor) and which is concluded only by joining the Client to the proposed Agreement as a whole. The client cannot offer his own terms of the contract.

The Terms of the Agreement are considered unconditionally accepted by the Client after his registration on the Site as a User and may be changed by the Company unilaterally by posting a new version of the Agreement on the page www.clarusapex.com/conditions.

1. TERMS AND DEFINITIONS

1.1. DATABASE “SUMMARY OF CANDIDATES HEADHUNTER UKRAINE (clarusapex.com)” (hereinafter – DATABASE) – a specialized information database of vacancies and resumes, which is available in limited access on the Site at  www.clarusapex.com , is subject to copyright, a fragment of which is provided for use by third parties on the terms of a non-exclusive License in accordance with this Agreement.

1.2. License – granting a non-exclusive right to use a fragment of the DATABASE under the conditions specified in Section 2 of this Agreement.

1.3. Services – advertising, consulting, information services provided by the Company through the use of technical means of the Site separately and in addition to the License obtained by the Licensee.

1.4. Client and/or Licensee – User of the Site registered to search for staff by obtaining a non-exclusive License to use the DATABASE and obtain other Services of the Site (advertising services of the Site to promote the employer's brand, consulting services, labor market research, etc.).

1.5. Candidate – User of the Site, who posted his resume in the DATABASE in order to find a job.

1.6. Access to the DATABASE – the technical ability to use the DATABASE under the conditions specified in the License and this Agreement.

1. 7. Personal account – a personalized workspace of the Client on the Site, in which the Client can manage his Page on the Site or other services of the Site.

1.8. Personal account – a register of cash flows and settlement transactions of the Parties.

1.9. Activation – debiting from the Client's Personal Account on the Site the cost of granting a LICENSE or other Services of the Site, which confirms the beginning of granting a LICENSE or Service.

2. PROCEDURE AND CONDITIONS FOR GRANTING A NON-EXCLUSIVE LICENSE FOR THE RIGHT TO USE A FRAGMENT OF THE DATABASE

2.1. The result of joining this Agreement is the granting by the Company of a non-exclusive license to use a fragment of the DATABASE posted on the Site www.clarusapex.com  and the provision of separate and additional advertising, consulting, information services by technical means of the Site (hereinafter – “Services”).

2.2. DATABASE under this Agreement is licensed as an object of copyright, property copyrights to which belong to the Company.

2.3. Pursuant to Article 1109 of the Civil Code of Ukraine, the Licensor grants a License on the following terms:

2.3.1 Type of License: non-exclusive;

2.3.2 Territory: Ukraine;

2.3.3 Term of the License: The term (term) of the LICENSE is determined from the moment of activation of access to the DATABASE on the site and continues until the expiration of the term (term) paid by the LICENSEE.

2.3 Ways of using the object of intellectual property:

– review, analysis, sorting according to the parameters of the DATABASE fragment allowed by the Agreement;

– viewing contact data within a fragment of the DATABASE;

– inclusion in the fragment of information on the Client's vacancies in the amount necessary for technical interaction with the DATABASE and determined by the Parties in the PARAMETER.

2.4. License price: the cost of the License is determined on the basis of current tariffs posted on the Site at:  http://clarusapex.com/price.  

2.5. To identify the LICENSEE as a legitimate user, the LICENSEE must register on the Site. After registration, LICENSOR provides the LICENSEE with an e-mail login and password to access the Site (hereinafter – “Accounting Information”). LICENSEE may create and delete Accounting Information for its employees (without the consent of the LICENSOR) or representatives (in agreement with the LICENSOR). The client is fully responsible for the actions of its employees and representatives as for their own.

2.6. The LICENSEE under the License has the right to use a fragment of the DATABASE as a reference resource for information support of its structural units in order to consider or evaluate candidates for hiring (hiring) for the Licensee's enterprise or organization that is a client of the Licensee if the latter employment.

2.7. LICENSEE obtains the right to use a fragment of the DATABASE according to the set of the following Parameters:

Region  – the territory within which the LICENSEE is provided with data in the form of a summary;

Period  – the period during which the LICENSEE is provided with data in the form of a summary;

Professional field  – a set of professions or positions, within the list of which the LICENSEE is provided with data in the form of a resume;

2.8 The set of access parameters constitutes a specific fragment of the DATABASE, the right to use which is granted to the LICENSEE.

LICENSEE may acquire the right to use fragments of the DATABASE in accordance with a set of other access parameters by setting additional or other criteria for searching data in the DATABASE, and by using the following options:

  • Interaction with the DATABASE in the form of the use of vacancies such as  Standard  – the availability of technical capacity to post information about available vacancies and receive feedback in the form of a summary of such vacancies.
  • Interaction with the DATABASE in the form of use of vacancies  “Standard +”  : posting information about available vacancies of the Licensee, which is in the second block of the vacancy sample and is automatically updated every three days during the established period;
  • Interaction with the DATABASE in the form of the use of “Premium” vacancies   – posting information about available vacancies of the Licensee, which is in the first block of the sample, allocated in a certain way with additional opportunities to obtain feedback from candidates in the LICENSOR's office.
  • Anonymous vacancy – posting information about the vacancy without specifying the name of the organization.
  • Resume selection – disclosure and submission of resumes of Candidates that are relevant to the information posted by the LICENSEE in the vacancy, by automatically selecting the software of the Site and sending such resumes to the LICENSEE's office on the Site.

Technical requirements and standards, restrictions on the creation and placement of vacancies, and obtaining a sample of resumes and providing direct access to the resume database are regulated by sections 4, 5, 6 of this agreement.

LICENSOR may implement other additional options to provide access to the DATABASE fragment.

2.9. When using a fragment of the DATABASE LICENSEE acquires the rights:

a) use the documents contained in the DATABASE in the form of a resume by viewing the resume, downloading the resume to their own computer devices, compiling and sorting the resume into their own portfolios on the Site in their office;

b) search for resumes by using automatic search tools provided by the software of the Site, and by using an intelligent search within the technical capabilities provided by the software of the Site;

c) receive the documents contained in the DATABASE in the form of a resume by posting information about vacancies in the format specified by the LICENSOR, and sending these documents to the LICENSEE's office independently by Candidates. offline mode;

d) receive the documents contained in the DATABASE in the form of a resume by automatically selecting the resume and sending these documents to the LICENSEE's office software of the Site.

2.10. When using the LICENSEE DATABASE it is prohibited:

a) interfere with the work of the Site and try to decompile the software part of the Site;

b) deconstruct data in the DATABASE in order to transfer information to other information retrieval systems or for other purposes;

c) transfer the Accounting Information (logins and passwords) of access to the Site to third parties for temporary or permanent use;

d) use contact information or other information contained in the resume that is part of the DATABASE, for other purposes than a job offer, in particular, but not limited to: by using the contact information to advertise or offer to purchase goods/works/services of the LICENSEE or third parties; in order to collect funds from Candidates who have posted their resumes on the Site, in any way; in violation of the Law of Ukraine “On Personal Data Protection”;

e) place the texts of the documents contained in the DATABASE in any other search engines, databases, or any electronic publications and collections, as well as make any placement on the Internet;

g) use the texts of documents contained in the DATABASE, in any printed media, printed collections, or other printed sources, without the written permission of the LICENSOR.

2.11. When using the documents contained in the DATABASE, the LICENSEE shall make the appropriate reference to the copyright of the LICENSOR.

2.12. Upon expiration of the term of the LICENSE, the LICENSEE loses the right (automatically deprived of the right) to use the DATABASE in the amounts specified in paragraph 2.6.-2.9. of this Agreement.

2.10. Throughout the term (term) of the LICENSE, the LICENSOR has the right and the ways provided by law to control the scope and procedure of the use of the DATABASE by the LICENSEE and to require the LICENSEE to stop any use of the DATABASE in excess of those specified by the LICENSE.

2.11. During the entire term of the LICENSE, the LICENSEE undertakes to immediately notify the LICENSOR of any copyright infringement of the DATABASE by third parties, as well as to assist the LICENSOR in promptly terminating such infringements, recording evidence of their existence, and protecting their rights.

2.12. In case of breach of obligations under paragraph 2.10 of this Agreement, the LICENSEE pays in favor of the LICENSOR a penalty of 100% of the cost of the LICENSE for the use of the DATABASE used by the LICENSEE, as of (cost) at the time of payment of the fine.

2.13. LICENSE is terminated (LICENSEE is deprived of the right to use a fragment of the DATABASE):

a) by the decision of the LICENSOR, in case of repeated (two or more times) violation by the LICENSEE of the obligations provided for in subparagraphs 2.10 and 2.11 of this Agreement;

b) automatically, in case the LICENSEE violates the terms of payment for the LICENSE if during the period specified in this Agreement the LICENSEE has not exercised the right to renew it.

2.14. The validity of the LICENSE for the use of a fragment of the DATABASE is automatically extended in case of timely payment for its renewal.

2.15. The granting of license rights is confirmed by the Act of acceptance and transfer of license rights granted to the LICENSEE on the day of activation on the Site.

3. TYPES OF REGISTRATION  AND TYPES OF REPRESENTATIVES

3.1. To register on the Site and provide technical access to a fragment of the DATABASE, the Client may be assigned one of the following Types of registrations:

3.1.1. Types of registration of group A:

– Direct employer – a legal entity, a natural person – an entrepreneur or a natural person – an employer who does not provide recruitment services that use the Services of the Site for their own needs; which posted its description on the Site, as well as the name and/or mark for goods and services; which provided the Company with reliable registration and contact information.

– Employment intermediary – a legal entity, a natural person-entrepreneur that provides recruitment services, posted its description on the Site, as well as the name and/or mark for goods and services; which provided the Company with reliable registration and contact information.

3.1.2. Types of group B registrations:

– Private recruiter – an individual who provides recruitment services; that posted on the Site information about the experience of its work, a description of the services it provides; which provided the Company with reliable registration and contact information.

– Project manager – an individual who does not provide recruitment services; that uses the Services of the Site in order to find staff to work under its leadership; that posted on the Site a description of the project (department, business) for which the search for staff is conducted; which provided the Company with reliable registration and contact information.

– Unconfirmed registration – a legal entity, natural person-entrepreneur, or natural person – an employer who has registered on the Site but has not received confirmation of its registration, and who is in this type of registration until the confirmation of its registration.

3.1.3. Types of group B registrations:

– Anonymous user – a legal entity, a natural person-entrepreneur, a natural person – an employer who places on the Site only information about vacancies and does not post information about himself and his activities; which provided the Company with reliable contact information in the form of an e-mail address.

3.2. The type of registration of the Client on the Site can be changed in the following order:

– from the type of registration of group B to any other type of registration: provided that the Company provides the necessary information about the Client's company, in accordance with the required type of registration, such Client receives Type B registration Type (Unconfirmed registration) until confirmed by the Site;

– from any type of registration to the type of registration of group B: subject to the relevant written request of APEX AV LLC or Headhunter LLC itself compulsorily in case of violation by the Client of the Terms of Use of the Site;

– another change in the type of registration of the Client on the Site is possible only by making a new registration of the Client on the Site.

3.3. Types of Representatives – the division of the Client's Representatives into groups, based on the scope of rights granted to them, includes, but is not limited to the following Types: Observer, Vacancy Manager, Pro Vacancy Manager, Moderator.

3.3.1. Observer – a Client's Representative who may work with Access to the DATABASE fragment, as well as feedback from Vacancy Candidates created by the Vacancy Manager for that Observer.

2.3.2 Vacancy Manager – A Representative of the Client, whose vacancies are subject to mandatory pre-moderation for posting on the Site.

2.3.3 Vacancy Manager Pro – Representative of the Client, information about whose vacancies is posted on the Site without premoderation.

2.3.4. Moderator – A representative of the Client who has the right to confirm / reject / send for editing information on vacancies posted by Vacancy Managers.

 

4. TECHNICAL REQUIREMENTS, STANDARDS AND RESTRICTIONS PROVIDED FOR ACCESS TO THE FRAGMENT OF THE DATABASE

4.1 LICENSOR undertakes to provide LICENSEE with access to a fragment of the DATABASE in accordance with the Parameters stipulated in clause 2.7 of this Agreement, namely: regional criterion, criterion of professional areas, term of granting, availability of information on vacancy type, starting from Activation date on the Site .

4.2. LICENSEE may not gain access to a fragment of the DATABASE, the parameters of which do not correspond to the parameters of paid access to the DATABASE.

4.3. The possibility or impossibility to access the fragment of the DATABASE is determined at the time of the request to the DATABASE by means of the Site. This means that if the Candidate resume parameters change, it may become available or unavailable to the LICENSEE after Activation of access to the DATABASE fragment. LICENSOR does not warrant that the resume will be available at any given time, will be available at any other time during the period of access to the Database.

4.4. Resume with visibility types “not visible to anyone”, “visible to everyone except the LICENSEE”, “Visible only to companies from the list that does not include the LICENSEE” is not available under any Parameters of access to the LICENSEE DATABASE fragment. Only resumes with the type of visibility “Visible to the whole Internet” are available to the representative of the LICENSEE of the Type B or B registration type.

4.5. Each of the Representatives of the LICENSEE of the Type A registration type, who has individual Accounting Information, may make no more than 500 openings of the resume of CANDIDATES during the day. A representative of the LICENSEE of the Group B or C Type of Registration, who has individual Accounting Information, may review no more than 200 resumes of Candidates per day.

4.6. Access to the Database fragment with the parameter “Regional criterion” is access to resumes in which a certain region or group of regions is specified in the field “Region of residence” or in the field “Region of possible relocation”.

 

5. TECHNICAL REQUIREMENTS, STANDARDS AND RESTRICTIONS PROVIDED FOR ACCESS TO THE FRAGMENT OF THE DATABASE BY INFORMING INFORMATION CONCERNING

5.1. LICENSOR undertakes to provide the LICENSEE with the opportunity to post information on the vacancies available to him of a certain type and the established number of such vacancies.

5.2. LICENSEE of the Type A or B registration type is given the opportunity to post information on vacancies on the Site of any kind. The Client of the Type B registration type is given the opportunity to place only Anonymous vacancies on the Site.

5.3. Posting information about the vacancy is possible only on behalf of the LICENSEE, if it is not Anonymous or Closed.

5.4. Posting information about the vacancy on the Site is valid for thirty calendar days from the date of posting. After the expiration date, the vacancy may be re-posted, which is considered a new vacancy. The next placement of the vacancy is possible not earlier than 5 (five) calendar days after the end of the previous placement of the vacancy (except for vacancies of the “Premium” type).

5.5. After the expiration of the validity of the vacancy is transferred to the archive. Archive vacancies are not available to visitors of the Site. The vacancy information can be re-posted from the archive, which is considered a new vacancy.

5.6. The period during which you can post information about the available vacancy is 365 calendar days from the date of activation of the vacancy on the Site. If the possibility of posting information about vacancies is a parameter of providing direct access to a fragment of the DATABASE, the period during which such posting can be made is equal to the term of providing direct access to the DATABASE.

5.7. If the LICENSEE has not used the opportunity to place the information within the above period, the refund of the cost of the relevant placement is not made and is not reimbursed.

5.8. The size of the information about the vacancy must be at least 200 characters and not more than 200 KB.

5.10. The placement of information on the available vacancy should be attributed to at least one and not more than six specializations from the categorizer of professional areas and specializations accepted on the Site. In one vacancy it is possible to place information only in relation to one vacancy.

5.11. Placing information on the available vacancy, which contains offers on wages is possible only if you specify the level of wages in one of three currencies: the national currency of Ukraine (UAH), US dollars (USD) and the currency of the European Union (EURO).

5.12. It is allowed to use html-code and pictures in the vacancy information, but it is not allowed: implementation of code executed on the user's side (client scripts: java-script, visual basic-script, etc.), any embedded objects (java-applets, flash, etc.), the use of frame and iframe, cascading style sheets that override those used on the Site, as well as html-code, which violates the original design of the page.

5.13. Vacancy information should be a job offer. It is not allowed to post information advertising any franchise or “pyramid” schemes that offer to “join the club”, become a distributor, sales representative, “manager” or other employee of the LICENSEE, whose business model is based on the previous and / or the periodic transfer of funds from subordinates to managers, which involves remuneration only in the form of a percentage of sales and / or requiring the involvement or hiring of other agents, distributors, “managers”, “club members”, etc.

5.14. The text of the information on vacancies of an economic entity that provides employment mediation services in Ukraine should contain a note that should be received from citizens who have been provided with a job search and employment assistance service, other related services, fees, commissions. or other rewards are prohibited.

5.15. The posted information about the vacancy does not allow the LICENSEE to provide contact information for Candidates (phone, fax, e-mail, etc.), as well as hyperlinks or addresses of individual pages of the LICENSEE's website, including the LICENSOR's Website or other Internet Sites ( it is possible to place only the domain name of the LICENSEE's website), otherwise such hyperlinks or page addresses are subject to removal from the vacancy by the LICENSOR without the consent of the LICENSEE.

5.16. LICENSOR has the right to transmit the text of the LICENSEE vacancy through RSS feeds and other data transmission technologies to be able to place LICENSEE vacancies on other sites. In case of disagreement with such transfer of data, the LICENSEE must declare to the LICENSOR of his disagreement by making the appropriate mark, established on the Site in the manner provided on the protected pages of the LICENSOR's Site.

5.17. LICENSEE is prohibited from making changes to the posted vacancy that lead to a significant change in job responsibilities and the nature of work for Candidates. Otherwise, such a vacancy is transferred to the archive.

5.18. LICENSOR reserves the right to make changes to the text of the vacancy description and / or change the categorization of the Publication of the vacancy (hereinafter – Moderation) of the LICENSE Type of registration of group A, provided that these changes do not affect the content of the vacancy. The Licensor also reserves the right to remove such a vacancy from posting on the Site if its content does not correspond to the subject of the Site or violates the conditions provided for in Section 5 of this Agreement.

5.19. In case of removal by the LICENSOR of the vacancy from placement on the Site according to item 5.18. of this Agreement, the LICENSEE is sent a corresponding notice by e-mail, and the funds spent by the LICENSEE to place the vacancy are not refundable.

5.20. LICENSEE vacancies of Group B or B registration type are posted on the Site only after they have passed the Moderation by the LICENSOR. As a result of the Moderation, the vacancy can be confirmed, removed from the placement or deleted. In case of non-passing of such Moderation, namely – removal, the funds spent by the LICENSEE of the Type B or B registration type on the vacancy on the LICENSEE's website are not reimbursed, and the LICENSE is considered granted from the moment of not passing the Moderation by each such vacancy. Online. In case the LICENSOR removes the vacancy from the LICENSEE's placement, a corresponding notification is sent by e-mail, and the funds spent by the LICENSEE for the vacancy placement are not returned.

5.21. Placement of information about the “Standard +” vacancy is in the second block of the vacancy sample, starting from the moment of Activation of the Service. The posting of information on the “Standard +” vacancy is automatically updated every three days during the posting period.

5.22. Placement of information on the vacancy “Standard” is in the third block of the vacancy sample, without any selection.

5.23. Placement of information on the vacancy “Premium” is valid for thirty calendar days from the moment of activation of vacancies on the Site, while for seven calendar days in the search results for vacancies is in the upper block of the sample and is highlighted by a special icon. The next days before the end of the relevance in the search results for vacancies is in the block below without selection.

5.24. At any time, any vacancy can be reactivated, which is considered a new vacancy.

5.25. At the end of the relevance of the vacancy “Premium” on the Site, the vacancy is transferred to the archive. Archive vacancies “Premium” are not available to site visitors. The vacancy “Premium” can be placed from the archive again, which is considered a new vacancy “Premium”.

5.26. In the Anonymous vacancy the LICENSEE does not specify the name of the LICENSEE company. Instead, the LICENSEE must provide a general description of the LICENSEE's type of company and / or its activities, industry, size, etc. The anonymous vacancy does not have a hyperlink from the LICENSEE's page.

5.27. A closed vacancy means that the LICENSEE independently determines the registered Users of the Site to whom such a vacancy will be available by sending them invitations through the Site.

 

6. Technical requirements, standards and limitations PREREDBACHENI to access the database by automatically SAMPLE JOB SUMMARY OF CANDIDATES REVIEWS and transfer (HH-integration) Software SITE

6.1. The “Resume Selection” and “HH-Integration” options can be provided only if the LICENSEE has the opportunity to post information about the vacancies available to him.

6.2. Direct placement of information on the availability of vacancies is paid by the LICENSEE separately.

6.3. LICENSOR undertakes to provide the LICENSEE with the option “Resume Selection” by disclosing the contact details of Candidates whose resumes are relevant to the information posted by the LICENSEE about vacancies and sending such resumes to the Client's office on the Site online.

6.4. The possibility to receive a fragment of the DATABASE is stored by the LICENSEE within 7 (seven) calendar days from the moment of Activation of the “Resume Selection” option.

6.5. LICENSOR undertakes to provide the LICENSEE with the “HH-Integration” option by enabling the LICENSOR to receive feedback from Candidates for LICENSE vacancies in an automated mode without using the Site interface using the HR-XML Gateway offline.

6.6. The LICENSEE independently connects to the HR-XML Gateway in order to receive the NN Integration Service using the “Technical Description of the HR-XML Gateway Web Services” posted on the Site.

6.7. LICENSEE receives feedback on Vacancy Publications through the HR-XML Gateway in the form of a SOAP message containing the title of the Candidate's resume with brief information about the Candidate without contact information and the Candidate's resume in HTML format.

6.9. LICENSOR does not warrant that a non-zero part of the DATABASE will be relevant to the published Job Posting.

6.10. The granting of license rights is confirmed by the Act of acceptance and transfer of license rights granted to the LICENSEE on the day of activation on the Site.

 

 . TERMS OF PROVIDING SITE SERVICES

7.1 SERVICE Placement in the block “Work in companies of Ukraine 

7.1.1. The Company undertakes to provide the Client with the Service “Work in Ukrainian Companies   by placing a link to the Client's page on the Site and information on the number of Client vacancies on the main page of the Site in the section “Work in Ukrainian companies “.

7.1.2. This Service is not provided to the Client with the Type B or B Registration Type.

7.1.3. The Service is provided within the terms agreed by the Parties in the Company's account. The minimum placement period is 7 (seven) calendar days.

7.1.4. Booking for the provision of this Service is made no later than 7 (seven) days before the start of the provision.

7.1.5. The Company has the right to refuse the Client to purchase this Service without explaining the reasons for refusal.

7.1.6. Acts on the provision of Services are issued by the Company on the day of placing a link to the Client's page on the Site.

7.2  . TERMS OF PROVIDING THE “VACANCY OF THE DAY” SERVICE.

7.2.1. The Company undertakes to provide the Client with the “Vacancies of the Day” Service by posting a link to the Client's Vacancies page on the Site and information on the Client's vacancies on the main page of the Site in the “Vacancies of the Day” section.

7.2.3. Provision of the Service is carried out within the time agreed by the Parties or by Activation on the Site. The minimum placement period is 7 (seven) calendar days.

7.2.4. Booking for the provision of this Service is made no later than 7 (seven) days before the start of the provision.

7.2.5. The Company has the right to refuse the Client to purchase this Service without explaining the reasons for refusal.

7.2.6 The link to the Client Vacancies page on the Site is placed on the main page of the Site in the section “Vacancies of the day”. 1 (one) vacancies on the Site. At the same time, the term of providing the “Vacancies of the Day” Service is not extended and in the period of absence in the “Vacancies of the Day” list the Client is not compensated in any way.

7.2.7. Acts on the provision of Services are issued by the Company on the day of posting a link to the Client's vacancy page on the Site and information on the Client's vacancy on the main page of the Site in the “Vacancies of the Day” section.

7.3  . TERMS OF PROVIDING THE “AUTO ANSWER” SERVICE

7.3.1. The Company undertakes to provide the Client with the “Autoresponder” Service by automatically forming and sending to the Candidate, at the moment of receiving the Candidate's response to the Client's vacancies posted on the Site, a personal written application to the Candidate.

7.3.2 The Client independently creates and / or edits the text of the written address to the Candidate, or uses the text of the written address to the Candidate offered by the Company.

7.3.3 A personal written application to the Candidate is sent to the e-mail address specified by the Candidate in the resume.

7.3.4 In case the Client does not have vacancies posted on the Site during the period of providing the Autoresponder Service, responses from Candidates to vacancies posted by the Client on the Site, automatic formation and sending of a written application to Candidates does not take place until at least one vacancy is posted. On the Site or until the receipt of at least one response of the Candidate for the vacancy posted by the Client on the Site. At the same time, the term of providing the Autoresponder Service is not extended and in the period of absence of automatic formations and sending of personal written appeals to the Candidates the Client is not compensated in any way.

7.3.5 Acts on the provision of Services are issued by the Company on the day of activation of the Service on the Site.

7.4. CONDITIONS FOR PROVIDING BANNER SERVICES

7.4.1. The period of banner display is agreed by the Parties by signing Orders or by Activating the relevant Services on the Site. For the Services, the volume of which is determined in the number of impressions, the end date of the last stage of providing the Service specified in the Order is preliminary. The actual end date of the Service depends on the actual intensity of viewing the Internet Page on which the banner is placed, which determines the number of banner impressions. For the Services, the volume of which is determined in time (days, weeks, etc.), the start and end dates of the Services specified in the Order are exact.

7.4.2 Banner impressions are booked at least 21 (twenty-one) business days before the screenings. Banners are available in gif, jpeg or png formats. File size no more than 30 KB. It is possible to place html-banners.

7.4.3 The Company has the right to edit the materials provided by the Client without distorting the content of the materials, if they do not comply with the rules of spelling, etc. Ukrainian language, with the prior consent and notification of the Client of such editing.

7.4.4 The Client undertakes to submit all materials for the production of the banner and to approve the manufactured banner no later than 3 working days before the date of placing the banner.

7.4.5 In case of self-production of a banner by the Client, the Client shall transfer to the Company a self-made banner no later than 3 working days before the date of placing the banner.

7.4.6. The Company has the right to refuse to publish materials to the Client if the information contained on them and / or on the pages to which they link does not correspond to the subject of the Site and / or is illegal, threatening, offensive, defamatory, knowingly erroneous, rude, obscene, harms other visitors to the Site, violates their rights; if the color scheme and / or design of banners contradict the design of the Site; if the banners advertise services similar to the services provided by the Company.

7.4.7 Placement of advertising materials on the Site is provided to the Company within the terms agreed by the Parties in the Order and / or account of the Company.

7.4.8 Changing the terms of advertising and / or other conditions (including, but not limited to: the cost of placement, the format of advertising space) advertising on the Order agreed by the Parties, is implemented only by providing the Company with a special Application from the Client. If it is possible to change the previously agreed terms of advertising, the Company conducts advertising on the new terms specified in the Client's Application, without special written confirmation. The Client's application for changes may be accepted by the Company only for all changes, acceptance of the Application in part (only under certain conditions) is not allowed.

7.4.9 The Company has the right to change the terms of advertising for 15 (fifteen) calendar days inclusively and without any written consent and / or notification of the Client, and no changes to the relevant Order agreed by the Parties. If it is necessary to change the terms of advertising for more than 15 calendar days, the Parties agree on new terms of placement.

7.4.10. The Client has the right to refuse to place advertisements under the relevant Order by submitting a written application to the Company. In this case, the date of notification of the Company about the refusal to place advertising is the date of receipt by the Company of the Client's application.

7.4.11 In case of refusal of the Client from the Services under the relevant Order before the beginning of their provision, the Company shall deduct from the Client a penalty in the following amount from the cost of the Services:

– 25% of the cost of the Services in case of the Client's refusal to place advertising within 1 (one) to 5 (five) working days, including the date of placement in accordance with the Order;

– 15% of the cost of the Services in case of refusal of the Client to place advertising within 6 (six) to 10 (ten) working days up to and including the date of placement in accordance with the Order.

7.4.12 The unit of measurement of the Service is calendar days, number of impressions.

7.4.13 Acts of services provided for the placement of advertising modules are issued in the month of placement of these advertising modules.

7.5  . CONDITIONS OF PROVIDING SERVICE IN THE  FORM OF CONSULTATION  –  TRAINING

7.5.1. The topic of the training, duration, date, place of the training, the number of Client's representatives participating are agreed by the Parties in the Order.

7.5.2 The training date may be changed by the Company unilaterally, with the Client's warning not earlier than 3 (Three) days before the training date. If the Client does not agree with the change of the training date, the Company undertakes to return to the Client 100% of the amount paid by the Client in advance on the basis of the relevant letter of the Client within 5 (five) banking days.

7.5.3 The Company shall provide premises for consultations, demonstration and other necessary, equipment, handouts and methodical material necessary for fulfillment of its obligations under this Agreement. The company provides breaks in the consultation – training for a coffee break.

7.5.4 The Company shall refund the amount paid by the Client under this Agreement in full, if the Client notifies the Company in writing of the refusal to participate in the consultation-training for 5 (Five) working days prior to its implementation. The Company refunds 50% of the amount paid by the Client under this Agreement, if the Client notifies the Company in writing of the refusal to participate in the consultation-training later than 5 (five) working days before the start.

7.5.5 Acts on the provision of Services are issued by the Company on the date of completion of the training.

7.6. TERMS OF PROVIDING THE SERVICE FOR PLACING INTERVIEWS WITH THE CLIENT'S REPRESENTATIVES

7.6.1. Name and number of the Client's representatives authorized to participate in the Interview, the number of Interviews is indicated by the Client in the Order.

7.6.2 The Company conducts interviews with the Client's representative on the Client's personnel policy within the period agreed with the Client.

7.6.3 Within 14 (fourteen) working days, the Company on the basis of the Interview prepares a draft text of the Interview publication and provides it to the Client by e-mail. The Client undertakes to approve the draft text of the Interview publication and to provide the agreed text of the Interview publication to the Company no later than 14 (fourteen) calendar days from the date of receipt of the project from the Company. In the event that the Client makes changes to the draft text of the publication of the Company's Interview, the Client undertakes to agree them with the Company within 5 (five) working days.

7.6.4 Within 2 (two) working days from the date of final approval of the text of the publication of the Interview, the Company places the Interview on a special page of the Site in the section “Interview with an insider”. The Company establishes hyperlinks to the Interview on the following pages: “Job Search Result”, “Client Vacancies”, “Client Company Description”.

7.6.5 If the Client refuses to provide the Service until the Interview is posted on a special page of the Site, but after the Company interviews the Client's representative on the Client's personnel policy, the Company withholds 60% of the Service cost as reimbursement of expenses incurred by the Company. providing the Service.

7.6.6 The Company has the right to deny the Client the placement of the Interview if the information contained in the text of the Interview does not correspond to the subject of the Site and / or is illegal, threatening, offensive, defamatory, knowingly erroneous, rude, obscene, harms other visitors to the Site, violates their rights.

7.6.7. During the stay of the Interview on the Site, the Client may, in agreement with the Company, make changes and additions to the text of the Interview: delete fragments, clarify data and make other changes that do not require text processing, re-interview. The above changes are made to the text of the Interview on the Site by the Company on the basis of the application submitted by the Client (the Client's representative) by fax and / or e-mail within 3 (three) working days after receipt of the application.

7.6.8 The possibility of using links to the publication on the Site is valid for a number of days depending on the term of the Service, which is agreed with the Order and or in the Company's account, after which the Interview is deleted from the Site.

7.6.9. The unit of measurement of the Service is pieces.

7.6.10 Acts on the provision of services are issued on the day of posting the Interview on the Site.

7.7 CONDITIONS FOR PROVIDING RESEARCH  AND SURVEY SERVICES

7.7.1 The Company provides the Client with a Service for conducting research and surveys in the field of the labor market, HR-brand, the reputation of the employer.

7.7.2 In order to start providing the Service, the Client sends to the Company the criteria for the necessary research in the form established by the Company for a specific type of research.

7.7.3 The Company within three working days from the date of receipt of the criteria from the Client and in case of possibility to provide the Service sends to the Client a confirmation in the form of an invoice for payment of the Service.

7.7.4 The Client in case of agreement with the cost of the Service makes 100% payment.

7.7.5 The Company conducts research on the basis of the criteria provided by the Client within the period agreed by the parties after receiving the prepayment amount, and provides the Client with the result of these research on electronic media or in printed form or by sending by electronic means.

7.7.6 Unit of measurement of Service – pieces.

7.7.7 Acts on the provision of Research Services shall be issued by the Company simultaneously (on the date) with the provision of the results of the research itself.

7.8. TERMS AND CONDITIONS OF PROVIDING THE SERVICE FOR  PLACEMENT OF THE CLIENT'S ADVERTISING MATERIALS IN THE NEWSLETTER

7.8.1 The Company places advertising materials of the Client in a mailing, which is sent by e-mail to subscribers, the category of which is specified in the Order.

7.8.2 The number of mailings per month is determined by the Company independently and may change.

7.8.3 The Company has the right to edit the materials provided by the Client without distorting the content of the materials, if they do not meet the standards of the language in which such materials are created, with the prior consent and notification of the Client of such editing.

7.8.4. The Company has the right to refuse the Client to place advertising materials if the information contained in them and / or on the pages to which they link does not correspond to the subject of the Site and / or is illegal, threatening, offensive, defamatory, knowingly erroneous, rude, obscene , harms other visitors to the Site, violates their rights; if the color scheme and / or design of the banners contradict the design of the mailing; if the banners advertise services similar to the services provided by the Company.

7.8.5 Acts on the provision of Services are issued by the Company in the month of placement of advertising materials.

7.9 Terms of Service to create and  / or placement of   ON SITE PAGES presentation to customers ( “PAGE postcard”, “Optimal SITE”, “Website Pros” Individual Decision “STORINKAKONUSTRUKTOR”).

7.9.1. The Company provides the Client with the Service of creating a Client's Presentation Page of a certain type and / or placing the Client's Presentation Page on the Site for a certain period, the type of presentation page and placement term being agreed by the Parties in the Order.

7.9.2. The company provides the opportunity to develop and place, depending on the technical complexity and capabilities of the following types of presentation pages on the following terms:

– Postcard site – a single-level branded page of the Client's company, consisting of one main page, has a visual design in a corporate style or in another, targeted at the target audience of the company's Candidates design, and the ability to post photos, links to videos, interviews, articles, news, image and other materials.

– Optimal site – a multi-level branded page of the Client's company, which contains the main page and internal pages (up to 10 pieces) with the ability to navigate through graphic links and / or tabs, has a visual design in a corporate style or other targeted to the target audience Candidates design companies, and the ability to post photos, links to videos, interviews, articles, news, image and other materials.

– Site-Professional – a multi-level branded page of the Client's company, which includes all technical capabilities implemented in the Optimal Site with additional rights to divide the Client's vacancies by departments (business areas / structural units within the company group / brands / areas of selection) and / or by company as a whole by regions (branches) and / or by company as a whole and division of Vacancies in search for a Candidate on the Site.

– CONSTRUCTOR PAGE – a branded page created by the Client independently on the basis of the technical capabilities provided by the template on the Site by customizing the appearance of the presentation page using the Client's company logo and choosing the color scheme of the presentation page. state with the ability to make changes to the company's page at any time, posting one photo material in each of the sections, posting one link to the video material in each of the sections; placement of an interactive map with the possibility of specifying several addresses of the Client's company.

7.9.3. The Company provides the Client with the opportunity to purchase the Service on the basis of the implementation of an individual decision.

7.9.4. Procedure for creating the Client's presentation page:

– Within ten (ten) working days from the date of fulfillment by the Client of its obligations to pay for the Service and approval of the Terms of Reference in the form provided by the Company, the Client provides the Company with the following source materials and information:

  • Client's company logo – in .eps, .ai format. If it is impossible to provide a logo in this format, it is possible to provide it in .png, .tiff, .jpeg formats.
  • Style guide and style elements.
  • Images for placement on the Client's Presentation Page – in the formats.gif, .jpg, .png.
  • Information for placement on the Client's Presentation Page in text formats .doc., .Txt.

7.9.5. The submitted source materials must not contain Client Vacancies; advertising that encourages the visitor of the Site to purchase products or services of the Client; Client's contact information for Candidates (telephone, fax, e-mail, etc.).

7.9.6. The provided source materials should not contain: the implementation of executable code on the user's side (client scripts: java-script, visual basic-script, etc.), any embedded objects (java-applets, flash, etc. .p.), the use of frame and iframe, cascading style sheets that redirect to other sites.

7.9.7. If the provided source materials of the Client contain specified in p. 7.9.5, 7.9.6. information, the Company reserves the right to independently exclude this information from the provided source materials, with subsequent notification of the Client of such exclusion.

7.9.8. The Company within 5 (five) to 10 (ten) working days from the date of submission by the Client of the source materials and Terms of Reference develops the main presentation page of the Client on the Site and sends the manufactured layout of the presentation Page of the Client on the Site (hereinafter – Layout) To the client.

7.9.9 The Client is obliged within 5 (five) working days from the date of receipt of the Layout to approve it by sending the Company by e-mail a letter of approval of the Layout, or make a list of necessary improvements and send it to the Company. The Client has the right to make changes and additions to the Layout of the main presentation page of the Company not more than (5 five) times.

7.9.10 If the Layout sent by the Company for approval to the Client is not completely subject to completion, the Client has the right to create two new Layouts in succession by the Company. But in this case he has no right to demand changes and additions to the Layout in the manner prescribed by paragraph 7.9.9

7.9.11 The Company carries out the necessary modifications of the Layout within 3 (three) to 5 (five) working days and sends it to the Client for final approval. The final approval of the Layout is made by the Client within 5 (five) working days from the date of its receipt, by sending a letter of approval to the Company by e-mail. If the Client does not receive a letter of final approval of the Layout within the specified period, the Layout is considered approved by the Client.

9/7/12 After approval of the Layout of the main Page, if the type of the Page provides for the creation and placement of internal pages, the Company develops Layouts of internal Pages. The term of development of Layouts is up to 3 (three) working days for each internal page depending on their quantity.

7.9.13 The Client has the right to make changes and additions to the Layouts of internal pages by the Company not more than (5 five) times – in relation to all Layouts of internal pages regardless of their number.

7.9.15 After the final approval of the Layout, the Company carries out the layout of all Layouts within 10 (ten) working days.

7.9.16 After completing the work provided for in paragraph 15.4.11, and connecting the template of the
Page on the Site, the Company sends by e-mail to the Client a hyperlink to the test version of the Site.

7.9.17 After testing the test version of the Page, it is posted on the Site.

9/7/18 If the Client needs a Page Layout, regardless of its type, 2 (two) changes may be made at any time after its approval by the Client during the period of providing the Service.

7.9.18 Any other changes and non-standard works and / or performance of such works in the terms not provided by the Terms of Service, must be agreed by making changes to the Terms of Reference and paid by the Client separately.

7.9.19 The unit of measurement of the Service is pieces.

7.9.20 Acts on the provision of Services are issued by the Company at the time of activation of the Service on the site.

7.10 CONDITIONS OF PROVIDING THE SERVICE FOR CUSTOMER VACANCIES IN THE CORPORATE STYLE (BASIC VACANCIES)

7.10.1 The Company undertakes to provide the Client with the Service of providing the opportunity to use the registration of vacancies on the Site in a corporate style within the period agreed by the Parties to the Order and / or the Company's account.

7.10.2 The Company within 5 (five) working days from the moment of approval by the Parties of the Terms of Reference carries out the development of the Layout and sends the made Layout for approval to the Client.

7.10.3 The Client is obliged within 3 (three) working days from the date of receipt of the Layout to approve it by sending to the Company by e-mail a letter of approval of the Layout, or make a list of necessary improvements and send it to the Company. The Client has the right to make changes and additions to the Layout no more than 3 (three) times.

7.10.4 If the Layout sent by the Company for approval to the Client is not completely subject to completion, the Client has the right to create a new Layout. But in this case he has no right to demand changes and additions to the Layout in the manner prescribed by paragraph 16.3

7.10.5 The Company carries out the necessary modifications of the Layout within 3 (three) working days and sends it to the Client for final approval. The final approval of the Layout is made by the Client within 5 (five) working days from the date of its receipt, by sending a letter of approval to the Company. If the Client does not receive a letter of final approval of the Layout within the specified period, the Layout is considered approved by the Client.

7.10.6 After the final approval of the Layout, the Company carries out the layout of the Layout within 12 (twelve) working days.

7.10.7 After completing the work provided for in paragraph 16.6., And connecting the template
Vacancies in the corporate style on the Site, the Company sends by e-mail to the Client a written instruction on the placement of Vacancies.

7.10.8 If the Client needs the Layout, 2 (two) changes may be made at any time after its approval by the Client during the period of providing the Service.

7.10.9 Any other changes, non-standard works and / or performance of such works in terms not provided by the Terms of Service, must be agreed by making changes to the Order and paid by the Client separately.

10/7/10 The unit of measurement of the Service is pieces.

10/7/11 Acts on the provision of Services are issued by the Company at the time of activation of the Service on the Site.

7.11. TERMS AND CONDITIONS OF PROVIDING THE SERVICE FOR CREATING AND PLACING A CLIENT'S VIDEO PRESENTATION

7.11.1 This Service is not provided to the Client with the Type B registration type.

7.11.2. The Company undertakes to create and place a video presentation of the Client on the basis of the Client's Order.

7.11.3 The order determines the duration of the video presentation (in minutes), the period of placement and the location on the Site.

7.11.4. The Company provides recommendations on the content of the video presentation, shoots and subsequently edits the Client's video presentation.

7.11.5 The Company has the right to refuse the Client to create, record and post a video presentation, if the information contained therein does not correspond to the subject of the Site and / or is illegal, threatening, offensive, defamatory, knowingly erroneous, rude, obscene, harmful other visitors to the Site, violates their rights; advertises services similar to the services provided by the Company.

7.11.6. The Client confirms that he has all the appropriate rights to use: a) names, portraits or photographs of persons, living or dead, objects, phonograms; videos b) trademarks and service marks, materials protected by copyright, property rights or other materials protected by law; d) other results of intellectual activity; c) numbers of certificates or certificates contained in the announcement.

7.11.7. All exclusive rights to the video presentation are reserved by the Company.

7.11.8. The unit of measurement of the Service is pieces.

7.11.9. Acts on the provision of Services are displayed on the day of posting the video presentation of the Client on the Site.

7.12 TERMS AND CONDITIONS OF PROVIDING THE SERVICE OF PROVIDING THE POSSIBILITY OF MANAGING THE RIGHTS OF THE CLIENT'S REPRESENTATIVES AND PERFORMING THE PUBLICATION OF VACANCY PUBLICATIONS

7.12.1. This Service is not provided to the Client with the Registration Type of group B or B.

7.12.2 The Company undertakes to provide the Client with a Service to provide the opportunity to independently manage the rights of the Client's Representatives and to pre-moderate the Client's vacancies on the Site.

7.12.3. The Client independently determines the Types of Representatives he needs and assigns his Representatives to one or another Type.

7.12.4. The Client has the opportunity to form groups of Vacancy Managers who report to one or another Moderator.

7.12.5. The posting of information about vacancies on the Site created by the Vacancy Manager takes place only after its confirmation by the Moderator, which is displayed accordingly on the protected page of the Site of the respective Vacancy Manager.

7.12.6. When rejecting and / or sending a vacancy for editing to the Vacancy Manager, the Moderator has the opportunity to leave comments with explanations.

7.12.7. Rejection and / or sending of a vacancy for editing by the Moderator is displayed accordingly on the protected page of the Site of the relevant Vacancy Manager, and the Vacancy Manager receives a corresponding message.

7.12.8. Direct placement of information on vacancies is carried out by the Client separately.

7.12.9. The unit of measurement of the Service is pieces.

12/7/10 Acts on the provision of Services are issued by the Company at the time of providing the Service, ie at the time of providing the opportunity to independently manage the rights of Representatives and pre-moderate publications of Client vacancies on the Site, as determined by Activation of the Service on the Site.

7.13 TERMS OF PROVIDING THE SERVICE “VACANCY WITH DIRECT RESPONSE”

7.13.1. By prior agreement with him, the Company undertakes to provide the Client with a Service, which provides for the placement of information about available vacancies with the Client and to receive “direct feedback” on such vacancies from the Candidates. The term “direct response” means the ability of the Candidate to respond directly to the vacancy of the Client by clicking on the link to the Client's website.

7.13.2. Posting information about vacancies on the Site takes place only after its confirmation by the Moderator, which is displayed accordingly on the secure page of the Site of the relevant Vacancy Manager.

7.13.3. Direct placement of information on vacancies is carried out by the Client separately.

7.13.4. The unit of measurement of the Service is pieces.

7.13.5. Acts on the provision of Services are issued by the Company at the time of providing the Service, ie at the time of providing the opportunity to independently manage the rights of Representatives and pre-moderate publications of Client vacancies on the Site, as determined by Activation of the Service on the Site.

 

8. FINAL PROVISIONS

8.1. The list of the Company's Services contained in this Agreement is not exhaustive. The Company may implement new Services provided on a permanent basis to all Clients of the Site, subject to the restrictions set by the Company by amending these Terms.

8.2. The Company may provide individual Services within the scope of its business activities to individual Clients by agreement of the Parties.

 

COMPANY:
Headhunter LLC

Legal address  : 04212, Kyiv, street Marshal Tymoshenko, bldg. 9.

Actual address  : 04071, Kyiv, street Nizhniy Val, 15, of. 302

Phone:  +380 44 230 87 39

USREOU code  32979429

Payer of income tax on general grounds

General Director of Headhunter LLC Makoviy ML