This document describes the terms and conditions governing your access to and use of the DigitalJob web site platform and the services provided by 2 Fresh Design S.R.L. d/b/a DigitalJob and its affiliates (“we” or “us”). These Terms and Conditions (as they may be amended in the future by us) together with the Particular Conditions for Companies and the User Agreement (if applicable) form a legally-binding agreement between you and us. This agreement is valid from September 28, 2018 for all users. These terms and conditions apply to the services available on the platform of the DigitalJob web site, worldwide.
Be sure to read and understand these Terms and Conditions before accessing or using the platform or services. If you do not accept these Terms and Conditions or if you do not comply with them, you may not use the platform or services. Your access to or use of the platform or services indicates your acceptance of these Terms and Conditions.
We may change these Terms & Conditions at any time without notification. We recommend that you periodically review the “Terms and Conditions” section of the platform.
“We” or “us” refer to 2 Fresh Design S.R.L., a Romanian limited liability company, d/b/a DigitalJob, and our affiliates.
“Platform” refers to the web-site-based platform available at www.digitaljob.org and any other sub-domain of its platform, services or applications.
“User” refers to any individual or entity accessing the platform for any reason.
“User account” refers to the account associated with the email address and password of those using the platform, whether individuals or entities.
“Digital user” refers to any individual accessing the platform and having a user account on the platform.
“Digital user profile” refers to the information that each digital user who has an account on the platform makes public on the platform.
“Digital company” refers to any company wishing to post or posting recruitment advertisements on the platform. A company is entitled to only one account, but it can have more users, by preference.
“Company profile” refers to the information that every company having an account on the platform makes public on the platform.
“Verified company” refers to a company that has an active account and has published at least one job post.
“Job” refers to a job vacancy at a digital company that has been posted on the platform.
“Teams” refers to groups of people who share their digital and information technology projects.
“Matching system algorithm” refers to an algorithm that identifies the career opportunities that suit the professional level of each digital user.
To create a user account, you must provide a valid email address and set up a password. The email you use must be the one we can use to contact you. If we cannot contact you via this email address, your submitted request may not be activated, and your account may be disabled. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect unauthorised use of your account or access to your password. You are solely responsible for any use of your account.
You will not use another person’s email address to access the platform and you will not create multiple active user accounts for any reason, including to post additional reviews for the same company.
Login data should not be shared with other people or users. The person who owns a certain account is responsible for all the actions made through the account. Each company is responsible for all the actions that are taken from its account.
Digital companies must register before they can post advertisements.
We will not be party to any contract or agreement between digital users and digital companies. We merely facilitate the connection between the two parties.
Moreover, the platform cannot and will not verify or confirm in any way the profiles of digital users. You agree that all communications, correspondence, promises, warranties or representations are not provided by us, but instead are solely between digital companies and digital users.
The platform is subject to change in the future, without prior notice. We are not required to constantly update the platform and we also assume no liability if errors occur on the information on the platform or if the information is not updated.
Using the Platform
The platform is intended for individuals seeking employment in digital jobs and for employers or recruiters seeking candidates for employment in digital jobs. You may use the platform only for lawful purposes within the stated context of the intended and acceptable use of the platform. We are the sole interpreter of the platform’s intended and acceptable use.
If you are a digital user, you can create a Digital User Profile, which you have access to, by completing the appropriate fields in the Register section.
To apply for a job posted by a digital company, at least 70% of your Digital User Profile must be completed, including your phone number. If this condition is not met, you can not apply to a job.
When you apply for a job, the digital company can view your profile, including your contact details.
When you are logged into your account you can use all the services and facilities offered by the platform for digital users, including: Profile, Network, Jobs, Teams, Companies, Digitaljob Career Tools, Best Digital Jobs, Create a Team, Add a Company Review, and Create Infographic CV.
If you are a digital company, you can create a Digital Company Profile, which you have access to, by completing the appropriate fields in the Register section.
A digital company can publish two types of job advertisements: classic job, when looking to hire one candidate suitable for your job description, or team job, when looking to hire an entire team specialised on your requirements.
The digital company has access to the contact details of all the digital users that apply to a job posted by the company.
When a digital company is logged into its account it can use all the services and facilities offered by platform for digital companies, including: Jobs, Teams, Companies, Dashboard, Recruiting, Reviews, Analytics, Post job, Find Teams, Digitaljob Recruiting Tools.
Users are prohibited from:
- Posting false, untrue or deceptive information that is intended to mislead the users,
- Posting defamatory or offensive information;
- Using inappropriate language with other users and/or our support team;
- Transferring your user account to another person without our consent;
- Sharing confidential information received through the platform;
- Distributing viruses, malware, ransomeware and/or any other computer program that may infect or affect us or any other user;
- Posting, broadcasting, uploading, and/or transmitting information or any other material (including images and text) that is pornographic, erotic or sexually explicit, of any kind and in any forms;
- Undermining or otherwise negatively affecting the reputation of the platform or us;
- Using the reputation of us or the platform without our express written consent;
- Infringing our intellectual property rights and copyrights, including but not limited to: job postings, teams, companies, users;
- Modifying, adapting, editing, and/or copying our software or web site functionality for any purpose whatsoever;
- Gathering information about other users, including email addresses and other personal information, without their consent, and/or using the information of other users without their express consent for any purpose whatsoever, including for any illegal and/or immoral activities;
- Uploading, posting, broadcasting, and/or transmitting in any way any content for which the user does not have the legal right to upload, post, broadcast or transmit , including any confidential or proprietary information owned by third parties;
- Uploading, posting, broadcasting and/or transmitting in any way any kind of advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of marketing or solicitation, except as expressly authorised by these Terms and Conditions;
- Uploading, posting, broadcasting and/or transmitting any personal data of any third party in any way;
- Using the materials, projects and / or information obtained through the platform to compete with us;
- Uploading, posting, broadcasting or transmitting any information or material that is in any way contrary to applicable law;
- Disclosing information that violates the confidentiality or any other rights of any third party, including any current or potential existing employer;
- Exposing us or our users to any injury or liability.
We may attempt to verify the information we receive from users, but we do not guarantee the accuracy or completeness of the information published by any user.
The platform may contain links to other websites. Any such links are provided only as a convenience to users and not as endorsement, recommendation or approval of those websites or their content.
Particular Terms and Conditions for companies
A digital company can publish job advertisements according to Digitaljob.org’s pricing plans, available here: https://www.digitaljob.org/pricing and further described below:
- Any company can activate, only for ONE posting, a FREE type job advertisement, with a 30-day validity from the date of the activation of the announcement, and with limited functionalities (as described in the “Packages” section, sub-section “Free”).
PAID (GOLD AND PLATINUM) SERVICES
- Job advertisements purchased by a bank card can be made by the Client at any time after a confirmed payment and will be activated by us within 24 hours from the payment confirmation statement.
- Job advertisements purchased by bank transfer shall undergo the following procedure:
- After placing the order, the client (the company) shall make the bank transfer within 3 business days, using as reference the order number issued by Digitaljob and the bank data indicated on the order page;
- Since the placement of the order until the payment is made and confirmed, the Client can make a single posting (regardless of the number of postings purchased); this posting includes all benefits related to the SUPERSONIC or HYPERSONIC category (if applicable);
- If the payment is not confirmed within 3 business days, the post shall be blocked for the Client; he will no longer have access to posting information, candidates, statistical data, shall no longer be able to view or modify the content of the post, but it will remain active on the site for the candidates who will be able to apply for the job; additionally, the entire order becomes ineffective until the payment is made and confirmed;
- 30 days after placing the order for which payment has not been made and confirmed, Digitaljob shall cancel the entire order and delete any active post for that order;
- The validity of the paid advertisements is 60 (SUPERSONIC) or 90 (HYPERSONIC) days from the activation date.
- The validity of the inactivated jobs packages and of the individually acquired jobs, is 12 months, during which the client (the company) must post the jobs (the duration of the activation remains the same – 60 or 90 days); upon expiration of this period, the right and access to unused/non-activated jobs become ineffective.
- For the purposes of VAT applicability, in the order placement process, the client shall enter the company’s complete invoicing data.
- Prices are expressed in USD for United States and Canada, and EUR for the rest of the countries; in the case of payment in another currency, the Client shall bear the fluctuations in the exchange rate charged by the banking systems.
- Company accounts can be activated and deactivated by users, but they can only be removed by us, upon the client’s request.
Intellectual Property Rights
By placing any information or material in any public segment of the platform, including forums, contests, or chat rooms, you grant us the continued and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, or otherwise to communicate it , and/or to incorporate it into other works of any form, media or technology known or to be developed in the future.
We own all legal rights to use the information and public materials posted on the platform. Everything you see or read on the platform (such as images, photos, illustrations, texts, videos, and other materials) is protected by copyright, trademarks and other intellectual property laws.
You must not make any reproductions, transformations, distributions or public communications, or to make available, retrieve, reuse or use, in any other way, any material and/or information on the platform, except as expressly permitted by these Terms and Conditions applicable law.
If we discover any intellectual property rights infringement, we have the right to report the infringement to the affected parties and to take other appropriate action. We will deal with the utmost seriousness with all the complaints about intellectual property rights infringement.
We have the right to delete or suspend any user’s account that does not comply with these Term and Conditions and/or that violates the applicable legal requirements.
Users are prohibited from marketing, advertising or otherwise promoting any other websites, products or services through the platform. Any web site address posted on the platform in any form must be specifically related to the project or job listed on the platform.
We may, at our discretion, display on the platform various advertisements and promotions. We assume no responsibility for any loss or damage s due to any advertisements or promotions on the platform.
By agreeing to these Terms and Conditions, you authorise us to make any investigations we deem necessary or appropriate to validate your identity. At our request, you must provide the information we request to confirm your identity, to confirm ownership of the related e-mail address, and/or to verify the accuracy of any information you provide to us.
We have the right to suspend, limit, or disallow users’ access to their accounts and/or the platform if we cannot adequately verify user identity.
We do not have any obligation to check the information received prior to posting and we are not responsible for any information or material posted by any user.
We have the right to close, suspend or limit access to user accounts that have not been logged into for a period of 36 months, and/or user accounts for users that have not complied with the provisions of these Terms and Conditions, the Particular Conditions for Companies and/or the User Agreement.We may, at our discretion, reactivate a suspended account at the user’s request. We have the right to impose on the user whatever conditions we deem appropriate for any reactivation of a suspended account. We have the right to permanently delete any suspended user account.
The Right to Refuse Service
We have the right to close, suspend, or limit the right of access of any user without reason, with at least 15-days’ prior notice.
Deleting the User Account
Users can delete their account anytime they want by accessing the Settings section.
A digital company with active jobs posted may not be able to delete its account until the posted jobs are no longer active..
We may request feedback from users, so that we can improve services and implement new developments. Additional feedback may be submitted to contact[at]digitaljob.org or by using the contact form, available on the platform.
We implement security measures that are appropriate for detecting the existence of viruses. However, you must keep in mind that existing security measures for computer systems on the Internet are not 100% reliable, and, therefore, we cannot guarantee the absence of viruses or any other elements that could cause changes your computer or the data and files contained in your computer. We recommended that users use their own anti-virus software for any content downloaded from the internet.
We have no responsibility for errors resulting from user negligence regarding the security and confidentiality of their account and password. Each user has the responsibility to take care of the confidential data that complies with the new account created. The user should not disclose his login data to third-parties.
The platform automatically collects and stores information in the server records which the user’s browser automatically transmits to us. This stored information may include:
- The type and version of the browser used;
- Type of operating system used;
- URL reference;
- The hostname or device on which access was made;
- Date and time the server received the information.
This information is not identifiable to any particular person. We do not associate this information with any information from other sources. However, we reserve the right to review this information if we suspect illegal or improper use of the platform.
Guarantees, Limitation of Liability
The use of the platform and / or the materials and information made available through the platform is at your own risk and all elements on the platform are made available “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PLATFORM.
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE PLATFORM AND/OR ANY MATERIAL OR INFORMATION THEREON. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES WILL BE LIMITED TO A TOTAL OF $100 (US$).
You agree to defend, indemnify, and hold harmless us and our subsidiaries, affiliates, officers, directors, owners, members, managers, employees and agents from and against any third party claims, actions or demands including costs, damages and reasonable legal and accounting fees alleging or resulting from or in connection with your use of the platform or any information or material posted thereon, or in connection with your use of the services we provide or in connection with your breach of the Terms and Conditions, the Particular Conditions for Companies and/or User Agreement. We will use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Disputes and Litigation
Any disputes between users and digital companies will be resolved between them without any involvement by us.
Any disputes you may have with us will attempt to be amicably resolved by the parties’ representatives through informal negotiation. If any dispute is not resolved amicably, the parties agree to the exclusive jurisdiction and venue of such disputes in Bucharest, Romania according to Romanian law, and the parties waive all objections to jurisdiction and venue.
Questions, comments, and all notices and requests under the Terms and Conditions must be addressed to us in writing to the email address: contact[at]digitaljob.org or sent by certified mail, return receipt requested to us at 5151 California Ave, The Vine #100, Irvine CA 92617 USA for United States and Canada, or Alexandru Borneanu Street, No 2, 2nd Floor, sector 6, Bucharest, Romania, for the rest of the countries.