These Terms and conditions are effective on May20, 2018

The following Terms and conditionsPrivacy Policy and all applicable laws govern the relationships between the owner of this Website and its visitors. By accessing and using this Website in any manner visitors accept and agree Terms and conditions. Therefore, We kindly request to read carefully Terms and conditions presented below.

  1. Definitions
    1. For the purposes of these Terms and conditions, the term, “Website” means the website that can be accessed on the link https://expact.xyz. The terms “We”, “Our” or “Us” refer to the owner of the Website – Expact OÜ, the company with registry code 14172354, which is located at the address Veerenni 24, Tallinn 10135 Republic of Estonia, VAT number EE101945488, with electronic-mail address info@expact.xyz. The terms “You”, “Your” mean any natural person using the Website for any reason. The term “Content” comprises all types of data presented on the Website.
  2. Introduction
    1. Expact is an Estonian online service which provides a marketplace, that connects job seekers to potential employers in the ICT sector.
    2. We enable job seekers to fill out their profiles and attach their resumes, assess their suitability, interviewing them and connecting them with the potential employers.
    3. If You are a job seeker and You are interested in Our services, We will requestYou to accept and follow these Terms and conditions during subscribing.
    4. If you are interested in Our services as a potential employer for job seeker(s), You would be requested to accept and follow Employer terms and conditions during subscribing.
  3. Signing up with Expact
    1. In order to start using the Expact services, You must first sign up and accept Our Terms and conditionsand Privacy Policy published on the Website via online registration form.
    2. By signing up You affirm that You are a natural person either more than 18 years old or an emancipated minor (obtain extended restricted active legal capacity) and able to comply with this Terms and conditions.
    3. You are required to provide Your own real name and surname, as We do not accept representation of job seekers via power of attorney or other means.
    4. When signing up We allow You to fill out Your registration form and attach Your resume, create an individual profile and make this profile available for employers.
    5. A job seekers profile allows interested job seekers to accessrelevant information about employers and open vacancies, get notifications if We will find them suitable for the position.
    6. You will not get access to the profiles of other job seekers. Likewise, they will not get access to Yours.
    7. An employers profile, in turn, allows recruitment activities for the purposes of hiring. The potential employer will get an access to job seekers profiles for the open position.
    8. You are kindly requested not to include in Your resumes or profiles such sensitive data as Your racial origin, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning sex life or sexual orientation, which are special categories of personal data according to the article 9 of the General Data Protection Regulation. We retain the right to delete such type of information without notification.
    9. You guarantee that information presented to Us is true and accurate to the best of Your knowledge and belief and that You haven’t omitted any relevant information. The abovementioned is particularly the case for Your level of education and work experience.
    10. We reserve the right to refuse to recommend Your candidacy if We find out that information contained within Your profile or resume is misleading, incomplete, inappropriate, unsuitable or if Your candidacy fails to meet requirements of the employer.
  4. Privacy
    1. You’re granting of consent to Terms and conditions and Privacy Policy during the submission of the registration form means that You have read and agreed to follow them.
    2. You will have to give a separate consent to Our processing for the recruitment purposes of Your personal data (presented in the form, resume, profile) during submission of the signing form, filling of Your profile and before granting an access to it to Your potential employers.
    3. The processing of data will take place in accordance with Our Privacy Policy and the General Data Protection Regulation (Regulation (EU) 2016/679).
  5. Intellectual property rights
    1. You acknowledge that all content of the Website (including software and computer code) software used to provide Expact is an original creation protected by intellectual property rights and unfair competition law under EU and Estonian legislation and agree to respect that.
    2. You may use the service only for Your private purposes.
    3. By use of Our services in any manner, You do not acquire any intellectual property rights and agree to transfer (or grant a license where applicable law does not permit a transfer) us from the moment of creation any object of intellectual property rights created with the use of Our services.
    4. For the avoidance of doubt, We remain the sole owner of theExpact database, and by using Our services, You are not becoming a joint owner of the rights. You are not allowed: 1) to copy it; 2) to make extracts from it; 3) to use it for any commercial purposes.
    5. A job seeker may use information from Expact to contact potential employers in good faith to apply for a job vacancy. You are not allowed to communicate with employers with other intentions than actual interest in job vacancy.
  6. Termination
    1. If you wish to terminate the relationship with Expact, You may do so by notifying Us by sending an e-mail with the topic “Delete my profile” at any time. Upon doing so Our legal relationship is deemed terminated. All provisions of these Terms and conditions which by their nature should survive termination shall be applicable, including, without limitation, Warranty disclaimer, Limitation of liability.
    2. We will immediately terminate Our legal relationship and delete Your profile if We, upon Our reasonable opinion (based on including but not limited to reports from employers), find that You have: 1) provided us with information that is morally inappropriate, fraudulent, inaccurate, offensive, unlawful or technically harmful; 2) contacted any employer for a purpose not related to the employment; 3) are not eligible to use Our service; 4) violated any other of these Terms and conditions and have not remedied such violation (provided a remedy is possible and reasonable according to Our opinion) within the term given by Us.
    3. In the case referred to in paragraphs 7.1. Your personal data will be deleted without undue delay and at the latest within one month.
    4. In the case referred in paragraph 7.2. Your information will be stored in Our database no longer than for one month before We will delete it permanently.
    5. In addition to above, We also reserve the right to stop providing the service on Our own discretion (without existence of circumstances attributable to You). In that case, We will also store Your data in Our database for one month before We delete it permanently.
  7. The relationship between job seekers, Expact and prospective employers
    1. Expact is an online service that just connects job seekers with prospective employers, We do not provide any labor hiring service. Therefore We do not sign or mediate any employment contract nor bear liability for legal relations created by Our customers (job seekers and employers) as a result of using Our services. Complying with applicable labor law and other legislation is a responsibility of job seekers and employers.
  8. Limitation of liability
    1. To the full extent permissible by law, You assume full responsibility for any loss that results from Your use of Our service. We are not liable for: 1) loss of business of Yours, loss of profit or opportunity and any other indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on Our negligence; 2) actions of third parties (other visitors, advertisers, other websites linked on the Website).
    2. We are not obliged to monitor the information which is transmitted or stored on the Website and do not actively seek facts or circumstances indicating illegal activity.
  9. Warranty disclaimer
    1. To the full extent permissible by law We provide the service and materials on Our Website “as is”. We do not provide warranties of any kind, either express or implied, including but not limited to, warranties of merchant ability, fitness for a particular purpose or non-infringement of intellectual property rights. We do not warrant that work of the service will be uninterrupted or that defects will be corrected, that the information made available to You through Our service or electronic communication sent from Us is complete, free of omission, errors, viruses or other harmful components.
  10. Applicable law and settlement of disputes
    1. Any legal relationship between Us, including but not limited to these Terms and conditions, shall be governed and interpreted in accordance with the laws of the Republic of Estonia.
    2. We encourage You to resort to online dispute resolution in case You have any complaints. You can send Us Your complaints via info@expact.xyz and We will reply within 15 (fifteen days) in the same format.
    3. We each agree that any dispute resolution proceedings (court or an out-of-court settlement) will be conducted only on as an individual action. Any court proceedings are subject to Harju county court, Tallinn, Republic of Estonia.
  11. Changes to Terms and Website
    1. If any part or provision of these General Terms is found to be unlawful or invalid, this shall not affect the validity of any other its part or provision.
    2. We may change (add, delete, modify) any of these Terms and conditions in Our sole discretion by posting their revised version on Our website. If We make significant changes to them, We may also notify You by sending an e-mail provided by You to Us most recently. Any modifications will be effective immediately upon posting on the website. Unless You delete Your account within 14 (fourteen) days, Your usage of the Website shall constitute Your acceptance of such changes.
    3. We may also change any feature of the Website at any time in Our sole discretion without notifications.

If You would like to request additional information regarding these Terms and conditions, please contact Us: info@expact.xyz.

These Terms and conditions are effective on May20, 2018

The following Employer terms and conditionsPrivacy Policy and all applicable laws govern the relationships between the owner of this Website and its visitors. By accessing and using this Website in any manner visitors accept and agree Employer terms and conditions. Therefore, we kindly request to read carefully Employer terms and conditions presented below.

  1. Definitions
    1. For the purposes of these Employer terms and conditions, the term, “Website” means the Website that can be accessed on the link https://expact.xyz. The terms “We”, “Our” or “Us” refer to the owner of the Website – Expact OÜ, the company with registry code 14172354, which is located at the address Veerenni 24, Tallinn 10135 Republic of Estonia, VAT number EE101945488, with electronic-mail address info@expact.xyz. The terms “Your” or “Yours” mean any legal person or a representative of a legal person using the Website for any reason. The term “Content” comprises all types of data presented on the Website.
  2. Introduction
    1. We are an Estonian online service which provides a marketplace, that connects job seekers to potential employers in the ICT sector.
    2. We enable employers to fill out their profiles, set up job vacanciesand connect them with the potential job seekers.
  3. Signing up with Us
    1. In order to start using the Our services, You must first sign up and accept Our Employer terms and conditions and Privacy Policy published on the Website via online registration form.
    2. By signing up You affirm that Youare allowedto create an employer profile to use our relevant services provided that You are an active employer which is eligible to enter into legal contracts (including but not limited to employment contracts) independently pursuant to applicable jurisdiction. If You represent an employer as legal person, You are allowed to create an employer profile and use our services provided that this legal person has sufficient legal capacity pursuant to applicable jurisdiction.Any representative acting on behalf of a legal person must have sufficient legal authorization to act in the name and on behalf of that legal person. For avoidance of doubt, in terms of employer services and the relevant rights and obligations pursuant to present Employer terms and conditions the legal contracting party to Us is the employer (as person) that You represent.In case a representative is acting for more than one employer, We may deem than any acceptance of the Terms and Conditions (including these Employer terms and conditions) or a change to the Terms and Conditions is simultaneously given for all employers which the representative represents.When signing up We allow You to fill out Your employer profile and set up job vacancies for the purposes of hiring and other recruitment purposes,We make employer profile and vacancies available for job seekers.
    3. A job employers profile allows interested job seekers to access relevant information about employer and open vacancies, get notifications if We will find job seekers suitable for the vacancies.
    4. You will not get access to the profiles of other employers. Likewise, they will not get access to Yours.
    5. A job seekers profile, in turn, allows interested job seekers access to relevant information about employers and open vacancies, get notifications if We will find them suitable for the position.
    6. You guarantee that information presented to Us is true and accurate to the best of Your knowledge and belief and that You haven’t omitted any relevant information. The abovementioned is particularly the case for job vacancy description.
    7. We reserve the right to refuse to recommend Yourjob vacancies if We find out that information contained within Youremployer profile or job vacancy is misleading, incomplete, inappropriate, unsuitable or if Youremployer profile or job vacancy  fails to meet Our requirements.
  4. Privacy
    1. Your granting of consent to Employer terms and conditions and Privacy Policy during the submission of the registration form means that You have read and agreed to follow them.
    2. You agree to respect and follow the obligation to perform or refrain from, whichever the case may be, any actions which allow Us to respect the privacy of job seekers pursuant to Our Privacy Policy and applicable laws.
    3. We allow You to use personal data collected by Us for the purposes of selecting job seekers. You may not collect, store or process the personal data of job seekers in a manner not provided in Privacy Policy. For avoidance of doubt, You are not allowed to collect personal data of job seekers for the purposes to create Your own database. Once You have made Your selection and You do not have the permission of the individual job seeker involved in the concluded recruitment process to retain his/her personal data beyond, You shall delete all personal data related to that individual, including personal data evident from Your employer profile history in Our database. You are solely responsible for complying with applicable data protection laws for respecting the privacy of job seekers in respect of personal data that is processed by You via Our services.
    4. You are not allowed to send to job seekers direct emails or any information not related to the job.
    5. The processing of data will take place in accordance with Our Privacy Policy and the General Data Protection Regulation (Regulation (EU) 2016/679).
  5. Job vacancies
    1. May not contain inaccurate, false, or misleading information.
    2. May not contain names, logos or trademarks of companies other than Yours.
    3. May not contain the names of cities, states, towns or countries that are unrelated to the job vacancy.
    4. May not contain material or links to material that solicits personal information from anyone under eighteen (18).
    5. May not contain information intended to cause a false matchmaking by Us.
    6. May not create job vacancies in a manner that does not comply with applicable law, including but not limited to laws relating to employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
    7. May not create job vacancies that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment.
    8. May not create job vacancies that contains links to any site competitive with Us.
    9. May not create job vacancies for franchise, pyramid scheme, club membership, distributorship, multi-level marketing opportunity, or sales representative agency arrangement.
    10. May not create business opportunities that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents.
    11. May not create job vacancies promote any opportunity that does not represent genuine employment.
    12. May not create job vacancies that advertise sexual services or seek employees for jobs of a sexual nature.
    13. May not create job vacancies that endorse a particular political party, political agenda, political position or issue.
    14. May not create job vacancies that request the job seekers to such sensitive data as Your racial origin, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning sex life or sexual orientation, which are special categories of personal data according to the article 9 of the General Data Protection Regulation. We retain the right to delete such type of information without notification.
    15. We reserve the right to reject or remove any job vacancies or content from Our platform, which in the discretion of Us does not comply with the conditions of theseEmployer terms and conditions, or if any content is posted that We believe is not in the Our best interest. We may view and internally review the content made available by You if Your job posting violates these terms or applicable law.
  6. Fee and payments
    1. If You sign an employment contract with a job seeker who was referred by Us, then You are obliged to inform Us about signing an employment contract in 7 (seven) days after You have concluded employment agreement with the job seeker.
    2. In case You fail to inform us as agreed according to point 6.1, You are entitled to pay us contractual penalty in the amount of 0,5 month worth of job seekers gross salary in addition to the fee as agreed according to point 6.3 or 6.4.
    3. You are obliged to pay a fee to Us if You have concluded employment with the job seeker referred by Us.
    4. You are obliged to pay Us a fee of 1 (one) month worth of job seekers gross salary. The payment is due in 14 (fourteen) days after the job seeker has started working for You. The date of the first working day is fixed in the employment agreement. In case of late payment, additional interest for late payment of 0.05% in a day will be added.
    5. In case You terminate the employment contract with the job seeker during the trial period (maximum 4-month period), You have the right to choose a new employee from job seekers provided by Us. In this case, You have to pay Us a fee amounting to 0.5 (half) month worth of the new job seekers gross salary. The payment is due in 14 (fourteen) days after the new candidate has started working for You. The date of the first working day is fixed in the employment agreement. In case of late payment, additional interest for late payment of 0.05% in a day will be added.
    6. Value added tax shall be added to the amount of the fee, if applicable.
    7. We may change the payment system or pricing structure for Our services (including but not limited to establishing new fees or changes existing fees) by a post/notification on Our Website and/or e-mail on Your contact made available to Us. The new fee will be valid and active immediately from the disclosure.
  7. Intellectual property rights
    1. You acknowledge that all content of the Website (including software and computer code) software used to provide Our service is an original creation protected by intellectual property rights and unfair competition law under EU and Estonian legislation and agree to respect that.
    2. You may use the service only for Your private purposes.
    3. By use of Our services in any manner, You do not acquire any intellectual property rights and agree to transfer (or grant a license where applicable law does not permit a transfer) Us from the moment of creation any object of intellectual property rights created with the use of Our services.
    4. For the avoidance of doubt, We remain the sole owner of the Our database, and by using Our services, You are not becoming a joint owner of the rights. You are not allowed: 1) to copy it; 2) to make extracts from it; 3) to use it for any commercial purposes.
    5. If You post, submit, display or otherwise make available any material to Us by using Our services (hereinafter: Employer Content), for example, but not limited to, if You post name, logos or trade marks of Your company when submitting job postings, You grant Us a non-exclusive, world-wide, perpetual, fully paid up, royalty-free, sub-licensable right to use, sell, sub-license, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit the Employer Content for the purposes of publishing and/or promoting job vacancies on OurWebsite and on Websites of the Our partners.
    6. You represent and warrant that You have the right to grant the license set forth in this section and that Employer Content does not violate any intellectual property rights of any third person. You agree to defend, indemnify and hold harmless Us and any partner of Us from any claims resulting from use of the Employer Content by Us or by any partner of Us for the purposes of publishing and/or promoting Your job vacancies on OurWebsite or on websites of Our partners.
    7. Anemployer may use information from Us to contact potential job seekers in good faith to employ themfor a job vacancy. You are not allowed to communicate with job seekers with other intentions than actual interest in employment.
  8. Linked sites and third party content
    1. Our Website may include links to other websites or services or to third party content. We do not endorse any such linked sites or third party content or the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites is solely at Your own risk. You may use the service only for Your private purposes.
    2. Your compliance with terms of third party service established by relevant service provider is Your own sole responsibility. We do not bear any responsibility for any of Your violation of such terms, even if it has occurred in process of provision of our services.
  9. Termination
    1. If You wish to terminate the relationship with Us, You may do so by notifying Us by sending an e-mail with the topic “Delete my profile” at any time. Upon doing so our legal relationship is deemed terminated. All provisions of these Employer terms and conditions which by their nature should survive termination shall be applicable, including, without limitation, Warranty disclaimer, Limitation of liability.
    2. We will immediately terminate our legal relationship and delete Your profile if We, upon our reasonable opinion (based on including but not limited to reports from job seekers), find that You have: 1) provided Us with information that is morally inappropriate, fraudulent, inaccurate, offensive, unlawful or technically harmful(including but not limited to such information about Your company/entity); 2) contacted any jobseeker for a purpose not related to the employment; 3)mistreated an job seeker in any way;4) are not eligible to use our service or authorized to use our service; 4) violated any requirement for job vacancies as stipulated in these Employer terms and conditions and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by Us.
    3. In the case referred to in paragraphs 9.1. Your personal data will be deleted without undue delay and at the latest within one month.
    4. In the case referred in paragraph 9.2. Your information will be stored in our database no longer than for one month before We will delete it permanently.
    5. In addition to above, We also reserve the right to stop providing the service on our own discretion (without existence of circumstances attributable to You). In that case, We will also store Your data in our database for one month before We delete it permanently andprovide You a refund for any payment made in advance. In all other cases of termination no refunds will be made.
    6. For avoidance of doubt, once Your account is deleted, You may no longer use Our services as an employer.
  10. The relationship between job seekers, Us and prospective employers
    1. We provide an online service that just connects job seekers with prospective employers that do not provide any labor hiring service. Therefore We do not sign or mediate any employment contract nor bear liability for legal relations created by our customers (job seekers and employers) as a result of using our services. Complying with applicable labor law and other legislation is a responsibility of job seekers andthe employers.
  11. Limitation of liability
    1. To the full extent permissible by law, You assume full responsibility for any loss that results from Your use of our service. We are not liable for: 1) loss of business of Yours, loss of profit or opportunity and any other indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on our negligence; 2) actions of third parties (other visitors, advertisers, other websites linked on the website).
    2. Our total aggregate liability for all Your claims made against Us will be no more than the total amount You paid for our services for the four (4) previous months.
    3. We are not obliged to monitor the information which is transmitted or stored on the Website and do not actively seek facts or circumstances indicating illegal activity.
  12. Indemnity
    1. Unless You specifically deny Your consent subject to below, by accepting these Terms and Conditions You as an employer grant Us the right to use and disclose Your company name and brand (including trademark, service mark or other brand information) for the purposes of marketing and advertising of our services. This also includes our right to inform potential interested clients of services provided to You, by giving brief and basic information of our cooperation in any given matter. You may rescind these rights granted to Us at any time, by giving Us relevant written notice.
  13. Marketing
    1. You agree to indemnify and hold Us harmless from any losses that result from any of Your violations or unreasoned claims. You also agree to indemnify and hold Us harmless from any losses that result from third party claims that result from any of Your violation.
  14. Warranty disclaimer
    1. To the full extent permissible by law We provide the service and material on our Website “as is”. We do not provide warranties of any kind, either express or implied, including but not limited to, warranties of merchant ability, fitness for a particular purpose or non-infringement of intellectual property rights. We do not warrant that work of the service will be uninterrupted or that defects will be corrected, that the information made available to You through our service or electronic communication sent from Us is complete, free of omission, errors, viruses or other harmful components.
  15. Applicable law and settlement of disputes
    1. Any legal relationship between Us, including but not limited to these Employer terms and conditions, shall be governed and interpreted in accordance with the laws of the Republic of Estonia.
    2. We encourage You to resort to online dispute resolution in case You have any complaints. You can send UsYour complaints via info@expact.xyzand We will reply within 15 (fifteen days) in the same format.
    3. We each agree that any dispute resolution proceedings (court or an out-of-court settlement) will be conducted only on as an individual action. Any court proceedings are subject to Harju county court, Tallinn, Republic of Estonia.
  16. Changes to Terms and Website
    1. If any part or provision of these General Terms is found to be unlawful or invalid, this shall not affect the validity of any other its part or provision.
    2. We may change (add, delete, modify) any of these Employer terms and conditions in our sole discretion by posting their revised version on our Website. If We make significant changes to them, We may also notify You by sending an e-mail provided by You to Us most recently. Any modifications will be effective immediately upon posting on the Website. Unless You delete Your account within 14 (fourteen) days, Your usage of the Website shall constitute Your acceptance of such changes.
    3. We may also change any feature of the Website at any time in our sole discretion without notifications.

If You would like to request additional information regarding these Employer terms and conditions, please contact Us: info@expact.xyz.