Worknector ® Terms & Conditions
Last Modified: [22 May 2020]
Worknector OÜ (“Worknector”, “we”, “us”, “our”), Estonia pst 5, 10143 Tallinn, Estonia, e-mail: email@example.com (see imprint) operates the worknector.de website (“Service”, “Website”). The Service brings employers ("Company" or "Companies”) and applicants ("Talent", "Talents", “your”, or “you”) into contact with each other with the intention of establishing work/business relations. Talents are natural persons searching for new jobs or freelance contracts through the Service. Companies are natural persons or legal entities searching to recruit new workers or contractors through the Service.
You agree that the Service shall not be used by persons representing or acting as recruiting agencies, recruiting consultants, headhunters, or any other persons with similar business purposes. By registering an account and creating a profile on the Website, you represent and warrant that you are not such a person or a company representative and that you are using the Service on behalf of yourself and in your private interest only.
1. Sphere of application.
The contractual arrangement between Worknector and the Talent, as well as other potential commercial relationships, shall be regulated strictly by this Agreement unless stipulated otherwise.
Worknector herewith excludes all other Talent terms and conditions. They shall not apply until Worknector specifically refers in writing to any other terms and conditions. The above shall also occur insofar and as long as the scope of the terms and conditions of the Talent stretches beyond the meaning of this Agreement.
Worknector can amend this Agreement upon the issuance of a notice. This revised Agreement shall then refer strictly to future commercial ties. Any such changes shall be considered to have been approved by the Talent unless the Talent disagrees in writing within seven (7) days of the receipt of the change. For future reference, you are advised to download and/or print a copy of this Agreement that applies to the Service as it may be amended from time to time.
2. Subject of the Agreement.
The Service provides the Talent with the possibility to quickly find suitable job opportunities, such as permanent positions or freelance roles ("Job", “Jobs”), and get an additional reward (the "Salary Booster™" bonus program) as set out in Section 6 below.
Worknector provides a way to connect a Talent and a Company. Before activating a Company account and allowing the Company to post Jobs, Worknector conducts internal compliance procedures to ensure that the information provided by the Company on the Website is genuine. Nevertheless, it is fully the Talent’s responsibility to check any data in essence before he/she signs a contract with such Company.
3. Agreement conclusion.
The Agreement is considered concluded if the Talent has begun creating or has created/completed a Talent profile/account on the Website. The Talent account will be activated on the Website immediately after it has been checked.
The Talent confirms that he/she has provided authentic, honest, full, and up-to-date information, that he/she has exposed his/her true identity, and that he/she shall create only one Talent account for use on the Website.
Once Worknector activates the Talent account, the Talent can search for suitable Jobs as outlined in Section 4.
4. Recruitment via the Service.
The Company should provide a complete position or project description ("Job") to Worknector. Worknector will review the Job and activate it to promote the Job on the Website within the current Worknector talent pool and/or any other channel deemed suitable by Worknector.
If there are suitable Talents, Worknector will provide the Company with the profiles of these Talents for it to further send Invitations to them or to receive applications from them as described below.
As a Service user, the Talent can apply to other Jobs directly and is visible to all other companies looking for workers with similar profiles. The Company is then able to:
- invite the Talent to consider a Company's Job posted on the Website and to initiate the application process without any legal obligation (“Invitation”). The Talent must respond to the Invitation within a period of two (2) business days of receiving the Invitation. Every Talent has the option of responding to more than one Invitation. The result of accepting an Invitation by the Talent constitutes her/his Application.
- receive direct applications from any Talent without an Invitation from the Company.
The Company must consider any application (application by Invitation or direct application) within a period of four (4) days and accept or reject it.
When the Company has identified a suitable Talent on the Website, it commits to providing Worknector, as well as the named Talent, with continuous progress updates on the Talent selection during the application process at least once every seven (7) days by updating the application status on the Company's user account.
Any binding job offer that the Company wants to present to the Talent may be addressed verbally, by post, or by e-mail at the end of the application process. Whether or not the Company and the Talent enter into an agreement with each other is the sole responsibility of both parties. Worknector does not ensure the conclusion of a contract between the Company and the Talent.
The application process shall be considered complete if (A) the Company and the Talent enter into a contract with each other, or if either (B) the Company or (C) the Talent or (D) Worknector declares the application process to be complete ("Completion of the Application Process").
5. Service fees and their payment.
The Service is free of charge for Talents.
6. The "Salary Booster" bonus program.
Worknector’s "Salary Booster" bonus program ("Bonus Program") allows Talents who are successfully employed via the Service to receive a one-time 5% bonus (“Bonus”) on top of the Gross Annual Salary (“GAS”). For freelance roles, this is a monthly remuneration over a period of a maximum of 12 months , provided that the Talent has participated in the Bonus Program as outlined below.
GAS shall include gross base salary or fees, bonuses (guaranteed and/or anticipated), commissions, expenses, inducement payments, variable expenses, relocation packages, call-out allowances, and any other compensation including non-performance-related bonuses such as sign-on bonus, Christmas bonus, etc. that the Talent receives or is expected to receive within the first year of their placement. Excluded are compensations paid to the Talent by the Company to cover working expenditures (e.g. traveling, transfer, application for a visa) as well as any shares, share options, or equivalent incentive opportunities.
Monthly remuneration (for freelance roles) shall include the amount of the monthly remuneration according to the figures in the invoices received by the Company from the Talent over a period of a maximum of 12 months.
To participate in the Bonus Program, the Talent has to:
- apply for a Job advertised on the Website via the Service (application by Invitation or direct application);
- confirm that he/she first found this Job through Worknector and did not send any applications (CV data) for this position to this Company before or through any other source or platform;
- provide Worknector with the following data via the Website ("Joined" button) within thirty (30) days after the
contract signing date:
- Gross annual salary (GAS) data as in the contract (employment agreement);
- Contract (employment agreement) signing date as in the contract (employment agreement);
- Start date of the Job as in the contract (employment agreement);
- Talent's bank details for the bonus payout.
Additionally, the Talent must provide the following soft copies of certain pages of the signed contract (employment agreement):
- A page with the main details of the contract (employment agreement) parties;
- A page with the contract (employment agreement) signing date;
- A page with the starting date of the Job;
- A page/s specifying the gross annual salary (GAS) and other bonuses and compensation;
- A page/s with the signatures of the contract (employment agreement) parties.
Please note that the soft copies should not contain any confidential commercial data (e.g. know-how data and others). Should they contain such data, please inform Worknector before sending the data to receive additional instructions.
To receive the Bonus payment, the Talent has to:
- participate in the Bonus Program as stated above;
- be successfully employed, which means that the Talent started the Job at the agreed time and the contract with the Company has not been terminated for reasons related to either the individual misconduct of the Talent or their own free will only; (on the Talent's initiative) within ninety (90) days ("Onboarding Period") after the contractually agreed date of the start of the Job.
The Talent is entitled to participate in the Bonus Program and to receive the Bonus payment as specified above as well as in the following cases:
- The contract between the Company and the Talent has been concluded under a condition precedent.
- The Company and the Talent enter into a contract within twelve (12) months after the Completion of the Application Process, regardless of a certain offer of employment having been made at the time.
- The Company introduces the Talent to any other person or company within twelve (12) months after the Completion of the Application Process and the Candidate is subsequently employed by the other person/company.
- In the event of any rehiring of the Talent within twelve (12) months after the contract termination.
To participate in the Bonus Program under these cases, please notify Worknector via e-mail: firstname.lastname@example.org
The Talent is entitled to participate in the Bonus Program and to receive the Bonus payment for several Jobs at the same time regardless of the type of Job (employment).
The Bonus amount is due for payout when the Talent is successfully employed and within ten (10) business days of the end of the Onboarding Period. The date of payout is considered as the date when the full amount is debited from Worknector’s bank account. The payout is free of charge.
The Talent's name in the soft copies of the signed contract (employment agreement) and the payee’s name in the bank details shall fully coincide with the name of the owner of the user account.
Based on the EU list of high-risk third countries, Worknector does not provide payout to Talent bank accounts located in the following countries:
- The Bahamas;
- Democratic People's Republic of Korea;
- Sri Lanka;
- Trinidad and Tobago;
- American Samoa;
- Puerto Rico;
- Saudi Arabia;
- US Virgin Islands.
The Talent acknowledges and agrees that he/she is solely responsible (a) for all taxes associated with any payments received from Worknector and (b) for determining whether Worknector is required by any applicable law to withhold any amount from the bonus amount. If so, the Talent shall notify Worknector of any such requirement and indemnify Worknector for any requirement to pay any withheld amount to the appropriate authorities (including penalties and interest).
On the Talent's demand, Worknector shall issue a Bonus Payout Certificate within 5 (five) business days to provide to the appropriate authorities, if needed.
In the event of an audit of Worknector, the Talent agrees to promptly cooperate with Worknector and provide copies of the Talent’s tax returns and other documents as may be reasonably requested for the purposes of such audit, including, but not limited to, records showing that the Talent is engaging in an independent business as represented to Worknector.
7. Limits of use.
You may only use the Service/Website in accordance with this Agreement. You may retrieve and display content from the Website on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts, or content of the Website and, where they apply, the corresponding information will be displayed on-screen or will be made accessible.
You are not allowed to:
- sign up automatically;
- log in automatically;
- transfer your account to third parties without the prior written consent of Worknector;
- store pages of the Website on a server or other storage device connected to a network;
- create an electronic database by systematically downloading and storing all of the pages of the Website;
- use the Website in any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect;
- remove or change any content of the Website (excluding your content);
- attempt to circumvent the security of the Website/Service, including conducting any penetration tests without Worknector’s written permission;
- interfere with the proper working of the Website or the servers on which it is hosted;
- use the Website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional materials or any other form of similar solicitation (SPAM);
- use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer codes designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- reproduce, duplicate, copy, or re-sell any part of the Website in contravention of this Agreement;
8. Content of the Service.
The essence of the Service is that it is continuously being improved, developed and updated. At any time, Worknector can change the configuration and content of the Service. You accept that the use of the Service is on the basis of "as is" and "as available". Worknector grants the Talent access to the Service in its available form and version. The changes and advancements can affect system and compatibility requirements.
9. User content.
Any material that you upload, send, or submit through the Service ("Content") as a Service User is meant to be shared with other users.
By uploading any Content to the Service, you confirm and guarantee that you own all the rights to the Content or, alternatively, that you are entitled to send the license mentioned below to Worknector. You also guarantee that the Content does not infringe any third party's rights to intellectual property, privacy, advertisement, or other legal rights.
Worknector has no duty to review any Content uploaded to the Service by users, but Worknector retains the right to do so with or without notice to prevent or to rectify any possible violations of this Agreement or any relevant legislation. Worknector may refuse to approve or display the Content and may at any time disable or erase all the Content or any portion of it.
You agree that Worknector is not responsible for the quality, utility, protection, or intellectual property rights of or relating to such Content, and that Worknector is not responsible for such Content.
10. Dealing with other users.
You agree to deal with the individuals contacted through the Website fairly, respectfully, and without prejudice and not to do anything that may cause disrepute for Worknector. You will indemnify Worknector from and against any claim brought by an individual against Worknector arising from your breach of this obligation or any other part of this Agreement.
11. Limitation of liability.
Worknector is not liable, and you agree to not hold Worknector responsible, for any damages or losses arising out of or in connection with the Agreement, including, but not limited to:
- your use of or your inability to use the Website;
- delays or disruptions in the Website;
- viruses or other malicious software obtained by accessing, or linking to, the Website;
- glitches, bugs, errors, or inaccuracies of any kind on the Website;
- damage to your hardware device from the use of the Website;
- the content, actions, or inactions of third parties' use of the Website;
- a suspension or other action taken with respect to your account;
- your reliance on the quality, accuracy, or reliability of Job postings, profiles (including their content, order,
and display), metrics found on, used on, or made available through the Website;
- your need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to the Agreement.
Additionally, in no event will Worknector be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. You also fully agree that in any event the liability of Worknector shall be limited and shall not exceed the amount of €2,500 (two thousand and five hundred euros).
12. Intellectual property.
The intellectual property rights over all the Website content (including text, graphics, software, photos and other images, videos, music, trademarks, and logos) are owned or lawfully authorized by Worknector, the Companies that use the Service, or Worknector's licensors.
Taking into account the above, nothing in this Agreement provides you with certain rights with respect to any intellectual property held by Worknector or Worknector's licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Website. In the event that you print, copy, or store pages from the Website (only as permitted by this Agreement), you must ensure that all notices contained in the original content on copyright, trademark, or other intellectual property rights are replicated.
Worknector may reveal your confidential or personal information to the extent required by law to do so. In the case of compelled disclosure, Worknector will use commercially reasonable efforts to provide you with prior notice of the compelled disclosure (to the extent legally permitted) and you shall provide reasonable assistance to Worknector. If Worknector is compelled by law to disclose your confidential or personal information as part of a civil proceeding to which Worknector is a party and you are not contesting the disclosure, you will assist Worknector in providing secure access to that confidential or personal information.
14. Protection of Talents’ data.
Profiles of Talents are provided to the Company in the strictest confidence and on the understanding that the Company will not disclose to any third person the existence or contents of such profiles.
Please take into account that each event of access to any Talent profile on the Website will be recorded in a special data log in your user account. This data log will be available at any time to you and to the Company. The data log will help you to track the access of the Company to your profile and your personal data. You may directly contact the Company to clarify how the Company handles your personal data. The Company shall provide you with such data as soon as possible.
Worknector will keep in strict confidence all details of all contracts you have disclosed to Worknector and will delete all such information after it has been used.
15. Governing law and jurisdiction.
This Agreement is subject to German law.
16. Dispute resolution.
In the case of a disagreement, conflict, or allegation arising out of or in conjunction with this Agreement, including, but not limited to, the creation, legitimacy, violation, or termination of this Agreement, both you and Worknector shall attempt to amicably settle the matter in joint mediation within fourteen (14) business days. Should an amicable settlement not be reached between the parties, the matter shall eventually be resolved in courts of the city of Berlin, Germany.
17. Duration and termination
The Talent may terminate the Agreement without notice and at any time by requesting Worknector to delete its account via the Website (user's account). Worknector may terminate the Agreement with a notice period of one (1) month.
The right to terminate the Agreement without notice and with immediate effect for good cause remains unaffected by the foregoing. For Worknector, good cause constitutes:
- the Talent offering inaccurate, wrong, obsolete, or missing details on the Website and refusing to correct these details when asked to do so;
- the Talent delivering or producing material that is derogatory, abusive, offensive, obscene, or xenophobic or that is likely to infringe human dignity;
- the Talent violating the main terms of this Agreement.
18. Final Provisions.
By signing up for the Service and creating a profile on the Website, you confirm and acknowledge that you have read this Agreement in its entirety and that you agree to be bound by all its terms and conditions.
You accept that in accordance with the Service, the documents and any information in Worknector's custody shall prove the substance of the commercial transactions between you and Worknector.
The Agreement contains the entire agreement between Worknector and the Talent on the subject matter of this Agreement and supersedes all previous and/or contemporary formal or oral agreements and/or negotiations.
If one or more of the terms of this Agreement prove null or technically unenforceable, the validity of the remaining conditions shall not be impaired by this.
The original Agreement language is English. The English version shall prevail in the case of a conflict between the original English version and any translation thereof.