Keys Points of the Terms of Service of ServerlessTalent Recruitment (ToS)
These general ToS exclusively apply to the entire business relationship between ServerlessTalent Recruitment (“ServerlessTalent”) and the users (“Users”) of the website (the “Website”). To give you an overview of our service, we have summarised the four main points of the general ToS as follows:
Our Service: ServerlessTalent offers a service that connects the freelancer developers and agencies with companies looking to hire via the Website https://www.ServerlessTalent.com
ServerlessTalent’s service implements the following fees:
Both recruiters and developers will be charged 15% for our not fixed rate services (hourly payments/for each transaction). Fixed rates being: full time hiring (gross salary) and hiring interns (1500 USD).
Access to the Website https://www.ServerlessTalent.com is free. ServerlessTalent invoices the company for its service only when a company and a candidate reach an agreement.
Our service fees are calculated on a case-by-case basis.
1. The company and the candidate conclude an employment contract:
ServerlessTalent invoices the company for 35% of the gross annual remuneration of the candidate plus VAT at the time when the candidate enters the company. If the candidate leaves the company within 3 or 6 months, the company is given a discount (valid for 12 months) to recruit a new candidate, according to conditions specified in these terms of service.
Fl 20% each party
If you would like to optimize your cash flow, ServerlessTalent offers you the option of paying 1.2% of the candidate’s gross annual remuneration each month for 18 months (instead of 15% immediately). In the event that the candidate leaves, the monthly invoicing is suspended in the month following notification by the company (upon submitting proof). In order to make use of this option, the company is required to grant ServerlessTalent direct debit authorization which entitles ServerlessTalent to automatically debit the monthly amounts due.
The company is required to provide its decision in relation to the billing method to ServerlessTalent. If the company does not respond, the option of full payment (15% immediately) will be applied as standard.
2. The company and the candidate reach an internship agreement:
ServerlessTalent invoices the company for 1,500.00USD plus VAT which is due on the day when the candidate starts at the company. In the event that the candidate is employed after the internship, ServerlessTalent will also charge 2,500.00USD plus VAT in additional costs.
3. The company and the candidate reach a service or subcontractor agreement:
ServerlessTalent’s costs are calculated based on the candidate’s remuneration x (100/82) minus the candidate’s remuneration. Invoicing is triggered by the monthly acceptance of the candidate’s timesheets by the company, whereby a timesheet is deemed accepted when the company does not reject it within seven days.
The candidate’s remuneration and ServerlessTalent’s costs are collected by direct debit (via an external payment provider) and automatically provided to the beneficiaries (candidate and ServerlessTalent).
Duty of loyalty when providing information
The companies and candidates that use the website undertake to inform ServerlessTalent about the details of any contract concluded between them, and to provide ServerlessTalent with a copy of the contract so that service fees can be invoiced if a contract is concluded with a candidate registered on the website within 12 months of the company deregistering from the platform.
General Terms and Conditions of ServerlessTalent Recruitment (GTCs)
The following general ToS represent the terms of service of the Website https://www.ServerlessTalent.com (“Website”) and that of the services offered by ServerlessTalent Recruitment GmbH (“ServerlessTalent”) generally.
Please note that the general ToS can be changed by ServerlessTalent at any time. Users are therefore asked to check the general ToS themselves regularly.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON “I ACCEPT”, YOU ARE PROVIDING THE FOLLOWING DECLARATIONS:
(1) YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM;
(2) YOU ARE OF NECESSARY AGE TO CONCLUDE THIS CONTRACT WITH ServerlessTalent; AND
(3) YOU ARE AUTHORISED TO CONCLUDE A CONTRACT IN A PERSONAL CAPACITY OR ON BEHALF OF THE COMPANY MENTIONED AT THE TIME OF YOUR REGISTRATION.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SERVICE.
ServerlessTalent offers a Service (“Service”) which connects candidates and companies via the Website https://www.ServerlessTalent.com
“Candidate” refers to any natural or legal entity which applies to register on the Website with a view to finding a new professional activity there.
“Company” refers to any natural or legal entity which applies to register on the Website in order to enter into contact with candidates.
Candidates and companies interact on the Website via their profiles.
“Profile” refers to all content (information and any file, including photos, CV etc.) which is published by a candidate or a company in order to present themselves and to interact on the Website.
PART 1 – RULES FOR CANDIDATES
1. How the service works
ServerlessTalent is a free service for candidates which is supposed to allow them to efficiently and quickly find new professional opportunities.
Candidates can use the service after they have registered on the Website and ServerlessTalent has approved the registration.
The service allows the candidate to receive interview requests from companies. An interview request is a message which a company sends to a candidate to inform them of its interest in his or her profile.
If the exchange between a candidate and a company is successfully concluded, the candidate can then make an agreement with the company.
This agreement can take the form (i) of an internship agreement, (ii) an employment contract or (iii) a service or subcontractor agreement or an agreement of another type intended to regulate the candidate’s assumption of activity in return for paid remuneration.
Only the conclusion of such an agreement establishes mutual obligations between the candidate and the company.
2. Registration process
At the time of his or her registration, the candidate is asked to create an account and complete his or her profile by indicating his or her name, providing details of education, professional experience, skills and salary expectations.
In order to ensure the reliability and functionality of the service, the candidate undertakes when registering (i) to provide, to the best of his or her knowledge, only correct and current information about his or her situation and to indicate his or her true identity and (ii) to never maintain more than one account on the website.
ServerlessTalent reserves the right to request the following from the candidate:
(1) A document which proves the candidate’s identity (e.g. any Govt. issued form of identification such as a passport, ID card, drivers license, etc.)
(2) In the event that the candidate is acting via a legal entity, a commercial register extract or another register extract, no more than 30 days old, and a written power of attorney certificate which proves that the natural entity that performed the registration on behalf of the legal entity, is authorized for the registration.
In the event that such proof is not furnished, ServerlessTalent reserves the right to lock and/or to delete the candidate’s account.
ServerlessTalent may also call the candidate using the telephone number provided to discuss his or her profile before registration is approved.
ServerlessTalent reserves the right to accept or reject, at its discretion, registration requests on the Website, in particular after inspecting the information provided voluntarily about the respective User.
3. Contractual freedom of the candidate
Registration on the Website and access to the service do not establish any obligation for the candidate to accept an interview request or to conclude any type of agreement.
Only the conclusion of an agreement between the candidate and a company establishes mutual obligations. The conditions of the agreement (offered remuneration, term and type of employment) are freely specified by the candidate and the company without ServerlessTalent participating in this negotiation.
4. Transparency and duty to inform
Candidates that use the Website accept the following in the event that they reach an agreement with a company:
(i) to inform ServerlessTalent immediately and without delay of the date of signing the agreement (and to inform ServerlessTalent of any change);
(ii) to provide ServerlessTalent with a copy of the contract or proof of employment (letter, email) or to issue a confirmation between the candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and
(iii) to inform ServerlessTalent immediately and without delay, provided there is a contractual relationship with ServerlessTalent, if, after signing the employment contract, regardless of the reason, you are no longer contractually bound to the company.
PART 2 – RULES FOR THE COMPANY
1. Registration process – how the service works
Companies are asked when registering on the Website to create an account and to complete their profile by indicating in particular the name of the applicant and the company, their commercial registration [registration number, if applicable], their email address and further information about the company and their search.
In order to ensure the reliability and functionality of the service, companies undertake when registering (i) to indicate, to the best of its knowledge, only correct and current information about its situation and its true identity and (ii) to never open more than one account on the website.
To facilitate the registration for companies, ServerlessTalent may propose that the companies use a third-party service.In this case, companies undertake to ensure that all information they provide to this third-party service is, to the best of their knowledge, correct and up to date in order to ensure the reliability of the service.
If registration is carried out for a legal entity, the applicant must be authorized to do so by the legal entity.
After registration, ServerlessTalent verifies the company Profile and may, if considered necessary, request any document that enables ServerlessTalent to verify whether the information indicated in the Profile is true. If the company does not respond to such a request from ServerlessTalent, this can justify the registration being rejected. ServerlessTalent reserves the right to accept or reject requests for registration on the Website at its own discretion.
After registering and completing the company Profile, the service enables access and viewing of candidate Profiles online on the website. Companies can then send interview requests to candidates. Any interview request must (i) contain the type of agreement planned (internship, employment contract, service contract), (ii) a job description and (iii) the proposed remuneration. Interview requests represent merely an open invitation to a meeting.
The company undertakes to communicate with the candidate only via the Website until the respective candidate accepts an interview request.
If the candidate is interested in the interview request and accepts it, the recruitment process begins, which may include one or a number of interviews, irrespective of whether they are carried out in person or remotely.
From acceptance, candidates and companies have the option of using other communication methods.
Only the conclusion of an agreement between the company and a candidate establishes mutual obligations; the information must then be sent to ServerlessTalent and the costs according to Point 3 of these general ToS paid to ServerlessTalent.
The conditions of the agreement (remuneration, term and type of employment) between the candidate and the company are freely negotiated by them without ServerlessTalent participating in these negotiations.
If the candidate is hired, the company itself is responsible for initiating all formal steps required in relation to the employment of the candidate.
In particular, the company must verify the candidate’s nationality and, if necessary, ascertain before the employment that the candidate possesses a valid work permit. To do so, the company can, following consultation, make use of ServerlessTalent’s other services for the visa process. Furthermore, the company is required to carry out a medical pre-examination if this is legally prescribed and to register the employment of the candidate.
The company undertakes to refrain from using the website to find a candidate and reach an agreement with said candidate independently of ServerlessTalent’s service, whether this is aimed at avoiding paying the costs to ServerlessTalent or for other reasons.
If the above circumvention ban is breached, the company is liable for the payment of additional costs, as provided for in Article 3 of the general ToS.
Furthermore, the company undertakes (i) to refrain from disclosing to third parties or publicizing the names and identities of candidates whose profiles were disclosed during the personnel procurement process and (ii) to take the necessary physical, technical and administrative measures (GDPR-appropriate technical and organizational measures) to protect the content received via the Website from loss, misuse, unauthorized access, disclosure, alteration or destruction.
2. Company’s duty to inform
Companies which use the Website agree to the following in the event that they conclude an employment contract, a service or subcontractor agreement or another type of agreement with a candidate intended to regulate the fulfilment of a task for compensation for an indefinite or fixed period:
(i) to inform ServerlessTalent immediately and without delay of the date of signing the agreement (and to inform ServerlessTalent of any change);
(ii) to provide ServerlessTalent with a copy of the contract or proof of employment (letter, email) or to issue a confirmation between the candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and
(iii) to inform ServerlessTalent immediately and without delay provided there is a contractual relationship with ServerlessTalent, if, after signing the employment contract, regardless of the reason, you are no longer contractually bound to the candidate.
3. Costs of the service
Upon acceptance of these general ToS, the company undertakes to pay ServerlessTalent the costs under these general ToS.
ServerlessTalent reserves the right to change its rates and billing methods at any time after these terms of service have been updated and the Users of the Website informed by email.
3.1 Liability for costs
The costs for ServerlessTalent’s service are to be paid in full by the company in the following cases:
a) if a candidate who has been identified using ServerlessTalent’s website concludes an employment contract, an internship agreement, a service or subcontractor agreement or another type of agreement intended to regulate the fulfilment of a task for payment of remuneration within twelve (12) months following his or her last exchange with the company on the Website;
b) if the company introduces the candidate within twelve (12) months of the last exchange to another person/company and the candidate is subsequently hired, irrespective of whether it is a third party or whether or not it is affiliated with its company; or
c) if a candidate presented via ServerlessTalent is not selected by the company or the contract offer submitted by the company is not accepted and then said candidate enters into business relationships with the company for such or another task within twelve (12) months following the last exchange on the Website, whether it is through an employment contract, a service or subcontractor agreement, an internship agreement or another type of agreement intended to regulate a service of any type rendered by the candidate for compensation.
In any case, aside from exceptional cases as indicated below, the company must pay the costs for ServerlessTalent’s service, irrespective of whether or not a probation period is agreed upon.
3.2 Amount and conditions of payment of the costs for the service
ServerlessTalent’s invoices are due with the beginning of the employment relationship; the invoice amount is calculated according to the type of contract concluded and the billing method selected by the company.
Any objection by a company to the billing of service costs must be sent to ServerlessTalent in writing, providing reasons, by registered letter with confirmation of receipt within fourteen (14) days of the invoice being issued.
Alternatively, a reasonable period is agreed. In the absence of such an objection, the company is deemed to have accepted the issued invoice.
3.2.1 Conclusion of an employment contract between candidate and company
The costs of ServerlessTalent’s service are calculated on the basis of a percentage rate of the gross annual remuneration of the candidate.
The gross annual remuneration is based on the fixed gross annual remuneration, the entire variable remuneration proportion and on bonuses, annual bonuses or other benefits, which are considered parts of the candidate’s wage.
The company has the option of selecting from the two billing methods described below:
Option 1: Payment without deduction – 15% of the gross annual remuneration
The company pays an amount of 15% of the annual gross remuneration indicated in the employment contract of the hired candidate plus VAT which is immediately due on the day when the candidate joins the company.
The corresponding invoice is to be paid immediately by bank transfer or direct debit after the employment relationship begins.
Option 2: Monthly payment – 1.2% of the gross annual remuneration for 18 months.
The company pays costs of 1.2% of the gross annual remuneration of the recruited candidate monthly for a period of 18 consecutive months.
The first payment must take place by guaranteed direct debit on the day when the candidate joins the company. Any further payment takes place by guaranteed direct debit, once a month, and on a fixed date previously specified by ServerlessTalent, for eighteen (18) months.
The company can select this option only on the condition that it issues ServerlessTalent with a direct debit authorization as is required to set up direct debits for monthly payments. The company undertakes to inform ServerlessTalent in the event of a change in its postal address or bank details.
If the direct debit authorization is not provided, the ancillary costs under Option 1 are immediately due.
As soon as ServerlessTalent becomes aware that an agreement has been concluded with the candidate, the company receives an email with a link to a survey by means of which it can fill out its data and invoicing options.
If this information has been provided and the contract documentation mentioned in section 2 of point 2 of these general ToS has been provided, the company will receive an email with a summary of the following points: The gross annual remuneration of the candidate, the selected billing method, the date on which the candidate started in the company, and the percentage rate of the gross annual remuneration which represents the costs for ServerlessTalent’s service.
The company is required to confirm the accuracy of this information within 14 days by clicking on the “I confirm” button included in this email.
If ServerlessTalent does not receive a reply to this email within 14 days, the points mentioned in the email are deemed to be correct and confirmed by the company. A subsequent change in the information for invoicing is no longer possible from this time.
If the designated email is not answered within 14 days, ServerlessTalent will automatically issue an invoice according to the information available without there being the option to make changes on the part of the company. The service costs under Option 1 are due immediately as standard.
3.2.2 Conclusion of an internship agreement between candidate and company
Where an internship agreement is concluded between the candidate and the company, ServerlessTalent’s costs are set as follows:
- payment to ServerlessTalent of 1,500.00USD plus VAT at the beginning of the internship agreement between the candidate and the company;
- further payment to ServerlessTalent of 3,500.00USD plus VAT in the event that within three (3) months of the internship agreement lapsing, an employment contract, a service or subcontractor agreement or another type of agreement is concluded with a view to rendering services for compensation.
3.2.3 Conclusion of a service or subcontractor agreement between candidate and company or another agreement intended to regulate the rendering of a service for compensation
The costs of ServerlessTalent’s service plus VAT are calculated on the basis of the total amount (net) calculated based on the remuneration which the candidate invoices as part of the contract concluded with the company.
These costs are calculated as follows:
– total amount (net) without taxes of the remuneration invoiced by the candidate to the company = the fees of the candidate x 100/82
– ServerlessTalent’s costs = total amount – candidate remuneration
Example 1: Candidate remuneration: 500USD without tax per day – total amount = 500 / 0.82 = 609.76USD without tax per day – ServerlessTalent’s costs = 609.76 – 500 = 109.76USD without tax per day
Example 2: Candidate remuneration: 700USD without tax per day – total amount = 700 / 0.82 = 853.66USD without tax per day – ServerlessTalent’s costs = 853.66 – 700 = 153.66USD without tax per day
If an unlimited variable fee amount is contained in the agreement, the company undertakes to provide this information to ServerlessTalent so that ServerlessTalent can propose a reasonable agreement concerning commission. In the case of any doubt, a minimum fee per day of 800.00USD net is deemed as notionally agreed with the candidate, from which ServerlessTalent’s costs are to be calculated.
If the agreement concluded by the applicant and company is extended, or if it is followed by an employment contract, a service or subcontractor agreement, an internship agreement or an agreement intended to regulate the rendering of a service by the candidate for compensation, ServerlessTalent’s costs must also be paid as part of this new contract according to these terms of service.
Invoicing
For the purposes of invoicing according to point 3.2.3, the candidate must visit the Website https://www.ServerlessTalent.com once per month to fill out a working hours record in which he/she truthfully indicates the days worked for the company and gives information about the type of the services performed.
This timesheet is then submitted to the company for confirmation. The confirmation must be given to ServerlessTalent within a period of at most 7 days following receipt. If confirmation is not given within this period, the timesheet submitted by the candidate is deemed as unreservedly accepted by the company.
Two invoices, one with the candidate’s fee, the other with ServerlessTalent’s costs, are then issued by ServerlessTalent or by ServerlessTalent for the candidate. These invoices are sent by email to the address indicated by the company.
Payment conditions
The costs of ServerlessTalent’s service must be paid by direct debit. To this end, the company provides a direct debit authorisation by means of which ServerlessTalent receives the required authority to debit the amounts owed
Payment takes place as follows:
- The company pays by direct debit, via an external payment service set up by ServerlessTalent, an amount equal to the total amount of (i) the invoice for the remuneration of the candidate and (ii) the invoice for ServerlessTalent’s costs.
- The payment provider automatically withdraws from the above-mentioned sum (i) the amount of the costs owed by the company to ServerlessTalent.
- The payment provider transfers to the candidate (i) the amount of the remuneration invoiced to the company.
Special case: Differences of opinion about costs within the framework of a service or subcontractor agreement.
Any difference of opinion between the candidate and the company about the amount of the remuneration owed to the candidate and/or the number of days worked by the candidate, which are indicated by the candidate in the timesheet, leads to the candidate and the company having to adhere to the following procedures:
- Within three working days following the first occurrence of a difference of opinion, candidate and company send each other by email the reasons for their differences of opinion and all available proof for their respective viewpoints;
- If, after this three-day period, an agreement has not been reached, the candidate and company each appoint a representative and agree to contact one another in person or by telephone via these representatives in order to find an amicable agreement within three further working days;
- At the end of this period, the candidate and company will communicate the outcome of their amicable agreement to ServerlessTalent;
In the event of persistent differences of opinion, the candidate and company will resolve their disputes directly with one another in accordance with the procedure(s) of their choice and will inform ServerlessTalent of the outcome of this within a reasonable period.
In order to limit the financial consequences of such differences of opinion, it is hereby expressly agreed that the undisputed portion of the fees (that on which candidate and company agree) be collected by the payment provider as well as ServerlessTalent’s associated costs, as soon as there is an invoice from ServerlessTalent for this undisputed portion.
If for example a candidate claims to have rendered a service for 20 days, but the company believes that only 17 days have been worked, the undisputed portion of the fees is 17 days of work and ServerlessTalent’s associated costs will be collected immediately by the payment provider in accordance with the conditions specified in these general ToS.
ServerlessTalent will wait on the outcome of the above described settlement procedure before issuing an invoice for the disputed period. In the event that an amicable agreement is not reached between candidate and company within a reasonable period, ServerlessTalent has the right, in the case of doubt, to apply a minimum fee per day of 800.00USD net deemed as notionally agreed with the candidate, from which ServerlessTalent’s costs are to be calculated.
3.3 Disputes
Any objection by a company to the billing of service costs must be sent to ServerlessTalent in writing and justified within fourteen (14) days of the invoice being issued by registered letter with confirmation of receipt. Alternatively, a reasonable period is agreed. In the absence of such an objection, the company is deemed to have accepted the issued invoice.
3.4 Payment default
ServerlessTalent’s invoices are due immediately following receipt.
In the event of non-payment within thirty (30) days, the amounts owed will automatically and without prior request be charged interest at a rate of 9% points above the respectively applicable base interest rate.
Any amount still not paid on the due date will result in a flat-rate compensation amount of 40.00USD automatically having to be paid to ServerlessTalent. According to Section 288 BGB [German Civil Code], ServerlessTalent is entitled to demand, subject to proof, an additional compensation amount if the recovery costs incurred exceed the amount of the flat-rate compensation amount.
ServerlessTalent is entitled in such a case to lock the company’s account until the owed amount has been paid.
4. Special cases
4.1 Undisclosed conditions of the employment contract
If the company does not inform ServerlessTalent within fourteen (14) days after the first of the two following dates about the recruitment of an applicant registered on the website:
– Date of the signing of the contract
– Date on which the candidate joins the company (employment contract or internship agreement) or date of the start of the services rendered by the candidate (service or subcontractor agreement)
ServerlessTalent will invoice the company for costs of up to 20,000.00USD, wherein this amount is due immediately from the day on which the candidate joins the company. The costs in this case are set at the discretion of ServerlessTalent. ServerlessTalent is entitled in such a case to lock or delete the company’s account.
4.2 Undisclosed conditions of the service or subcontractor agreement
If the company does not inform ServerlessTalent within fourteen (14) days after the first of the two following dates about the recruitment of a candidate registered on the website:
– Date of the signing of the contract
– Date on which the candidate joins the company (employment contract or internship agreement) or date of the start of the services rendered by the candidate (service or subcontractor agreement)
The company is required to pay ServerlessTalent the invoice amount for the service contracts according to point 3.2.3 on the basis of a candidate fee of 2,000.00USDper day. In the absence of any proof provided by the company about the number of days worked by the applicant per month, the total number of working days in the month will be used as the basis.
ServerlessTalent is entitled in such a case to lock or delete the company’s account.
4.3 The candidate is already known to the company.
If a company can prove that, in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the Website, it started an active process with the candidate (as defined below and excluding other definitions or circumstances), the company will be released from the payment of ServerlessTalent’s costs.
An active process is deemed to exist subject to proof by the company:
1) That it knew the candidate in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the Website (or was requested by them);
2) That the candidate responded positively to the company’s request (or that the company responded positively to the candidate’s application);
3) And that at the time when the company gained knowledge of the profile of the candidate in question on the Website, there was still a negotiation in process between the candidate and the company.
If one of these conditions (1, 2, 3) is lacking or did not occur in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the Website, ServerlessTalent’s costs must be paid in accordance with the conditions specified in these general ToS.
The company hereby acknowledges that in any other case whereby a candidate is recruited via the Website, the costs must be paid to ServerlessTalent.
5. ServerlessTalent’s guarantees
If the candidate and the company concluded an employment contract, but are no longer contractually bound to one another within three (3) or six (6) months following the recruitment date of the candidate, irrespective of whether or not it concerns the ending of a probation period, the company must inform ServerlessTalent immediately.
The company has the following options in such a case:
– If the company has opted for Option No. 1 (payment without deduction): a discount on the future recruitment of a further candidate. This is valid 12 months from the last day on which the outgoing candidate has worked. The amount of the discount corresponds to 100% for three (3) months and 50% for six (6) months, of the sum of the costs paid for the recruitment of the outgoing candidate. If, within these 12 months, there is no recruitment, the discount is lost and under no circumstances will this lead to a reimbursement for the company;
– If the company selected Option No. 2 (monthly payment): the suspensions of the direct debits in the month which follows the day on which ServerlessTalent is informed about the actual departure of the applicant from the company (without reimbursement of the costs already paid).Both cases, i.e. the granting of a discount or the suspension of direct debits are subject to the following conditions:
– providing a document to ServerlessTalent that confirms the departure of the candidate from the company (termination letter, deregistering from social security);
– payment of all costs to be paid by the company in compliance with these general ToS;
– the company notifying ServerlessTalent within 14 days following termination in writing (registered letter or email) of the ending of the employment contract, wherein the term “termination” refers to the date of notice regarding the ending of the employment contract and not to the last day on which the candidate worked;
– that the candidate did not conclude a service or subcontractor agreement, an internship agreement or another agreement concerning the rendering of a service for compensation with the company, one of its subsidiaries or with another group company;
– that the reason for the termination relates exclusively to the qualifications, qualities or the behavior of the candidate;
– that the candidate was not dismissed by the company for economic reasons;
– that the candidate was not dismissed because the internal strategy of the company was realigned which justifies new requirements for the post in question; exempted from the guarantee is the early termination of an internship agreement.
PART 2 – RULES FOR THE COMPANY
1. Content published by Users
The Users of the Website are prohibited from publishing content that does not meet the applicable legal regulations, in particular (but not limited to) the following:
- All content that may be illegal, humiliating, violent, threatening, defamatory, insulting, offensive, obscene, infringing upon applicable moral principles, slanderous, hateful, racist, xenophobic, anti-Semitic, sexist, harassing, discriminatory, or which violates private life, human dignity, respect for personal data or the confidentiality or secrecy of correspondence of another person or which encourages illegal activity;
- All content that infringes upon the intellectual property rights of another person;
- All content that is inaccurate or false, in particular in relation to the identity of the Users and their academic and professional qualifications.
If ServerlessTalent is informed or believes that a User of the Website or content violates applicable law or these general ToS, ServerlessTalent reserves the right to wholly or partially delete the profile in question or the content in question and/or lock or delete the User’s account and/or remove disputed content without prior notice.
Users are invited to message ServerlessTalent if they believe that an interview request, a profile, a message or other visible content on the Website is obviously unlawful or violates these general ToS by sending a message to the following address: [email protected]
2. Use of the Website
Users are required to use the Website without damaging the Website and without overriding the offered functions. In particular, they hereby undertake:
- Not to violate the requirements, procedures, guidelines or regulations of the third-party services used by the Website;
- Not to copy, disseminate or share any part of the Website by any means;
- Not to download, publish, transfer or disseminate any media containing viruses or other computer codes, files or programs which are aimed at interrupting, impeding or limiting the proper functioning of software, material or other devices in relation to telecommunications; not to bring about any impairment to the operation of the Website or its servers;
- Not to override user rights, e.g. by attempting to use tools to which you do not have access or by deleting, adding or changing content on the Website;
- Not to imitate or copy the identity of a candidate, company or another person associated with ServerlessTalent;
- Not to sell or transfer your account to third parties;not to disclose your password to third parties;
- Not to disclose your password to third parties;
- Not to use any practices which could resemble spam or would not be fair, such as e.g. the promotion of a website using fake links or the promotion of your own website or your own company by publishing advertisements on your profile.
3. Locking of the account – termination
3.1 ServerlessTalent’s rights
ServerlessTalent reserves the right to suspend or delete the access to the account or to the service until full payment of the amounts owed in the event of non-payment by the company of one of the invoices issued by ServerlessTalent.
ServerlessTalent reserves the right, in the event of a violation by a User of one of their obligations mentioned in these general ToS, to suspend or delete his or her account and the possibility of using the service at any time automatically and without legal clarification, after a request has been sent to the User by email or post, to which there is no reply within eight (8) calendar days following receipt.
3.2 Users’ rights
If Users no longer wish to use the Website and ServerlessTalent’s service, they can request the deletion of their account at any time.
3.3 Legal consequences of termination
Termination leads to the immediate deletion of all content sent by a User to ServerlessTalent, provided ServerlessTalent does not still also require the content to process the contract with the respective company without this forming the basis of a claim by the User.
Irrespective of such termination, the provisions of these general ToS continue to apply for the period prior to termination.
4. ServerlessTalent’s duties
4.1 Accuracy of the information provided by the Users
Although ServerlessTalent thoroughly reviews the content published by the Users and reserves the right to verify, change, suspend or delete accounts associated with a profile containing inaccurate information without prior notice, ServerlessTalent does not guarantee the accuracy of this content and information.
In particular, ServerlessTalent by no means guarantees that it carries out an investigation into the experience claimed by the applicant or the information and content provided.
ServerlessTalent cannot be held liable on the basis of information and content which could prove false or unlawful.
It is therefore incumbent on the companies alone if they wish to carry out an investigation or undertake all reasonable efforts to verify the qualities, experience and references of the candidates.
4.2 Use of third-party services
The Website allows content from third party services to be published and displayed. ServerlessTalent assumes no responsibility for such content with respect to Users or third parties.
4.3 No guarantee from ServerlessTalent
ServerlessTalent is not responsible for the conclusion of agreements between candidates and companies.
Any exchange and any commitment to conclude an agreement which may be signed between a company and a candidate is the sole responsibility of these parties and excludes ServerlessTalent’s responsibility.
In general, ServerlessTalent cannot be held liable for direct or indirect damage resulting from communications, interactions, relationships, agreements or disputes between the candidate and the company. In particular, ServerlessTalent cannot be held liable if the company and the candidate do not fulfil the agreement, fulfil it poorly or end it, irrespective of whether or not ServerlessTalent receives costs as part of the agreement.
In cases where the agreement concluded between the applicant and the company is a service or subcontractor agreement or an agreement intended to regulate the fulfilment of a task for payment of remuneration, which is not an employment contract, the candidate bears the sole responsibility for any damage which he/she may cause to the company as part of the fulfilment of his/her task. If necessary, the company can ask the candidate to conclude a contract with an insurance company known to be solvent in order to cover all damages that he/she could cause as part of the fulfilment of his/her activities.
4.4 Availability of the service
ServerlessTalent reserves the right, for any reason whatsoever, in particular taking into account technical and computer and/or telecommunication and/or maintenance-related difficulties and/or restrictions and cases of force majeure, at any time, and, if necessary, without prior notice, to interrupt access to the Website, to end or to change the functions of use of the Website wherein it is not possible to hold ServerlessTalent responsible for the consequences of such interruptions or changes.
In general, ServerlessTalent reserves the right to make changes of any type to the content of the Website.
4.5 Force majeure
ServerlessTalent is released from any liability if the non-fulfilment of one or all of its obligations mentioned in these terms of service is attributed to a case of force majeure.
For the purposes of these terms of service, force majeure is defined as an unforeseeable and/or unavoidable event which is outside the control of ServerlessTalent (such as e.g. a failure of the hosting provider).
If force majeure prevents, limits or disrupts the service being rendered in accordance with these general ToS or one of ServerlessTalent’s obligations arising from these terms of service, ServerlessTalent is released from fulfilling the contractual obligations in question.
5. Intellectual property
The company trademark ServerlessTalent, all other trademarks, whether in image format or otherwise, illustrations, images, texts, comments and logos on the Website, irrespective of whether or not they are registered, the general structure of the Website and software texts, stationary images or moving images, know-how, designs, illustrations, databases and all other elements of the Website are and remain exclusively the property of ServerlessTalent.
The same applies to all copyrights, designs, models and patents that are ServerlessTalent’s property. Any duplication in full or in part, change, removal or use for any reason and on any media is prohibited without the express prior consent of ServerlessTalent.
6. Hyperlinks
Hyperlinks to other internet sites or services of third-party providers may be available on the Website. ServerlessTalent has no control over these internet sites or their content. The publication of links to other such internet sites absolutely does not mean that ServerlessTalent approves these sites or the content, products or services offered by them.
7. Personal data
By registering, the user agrees to the storage, processing and use of the data collected on that occasion by ServerlessTalent. The information about the users is intended for ServerlessTalent’s use.
This data is intended exclusively for managing the registration of the user and the business relationships between the User and ServerlessTalent. None of this information is ever shared with a third party. Your personal data is processed in accordance with the data privacy statement at the address https://www.ServerlessTalent/p/en-de/privacy-policy.
8. References
Unless otherwise agreed, ServerlessTalent may indicate the name of a company registered on the Website as a reference in a document, whether it is in electronic or another format.
9. Subcontractors
ServerlessTalent reserves the right to subcontract the services agreed as part of this contract fully or partially to third parties.
10. Transfer
The User is prohibited from transferring the rights and duties arising to them on the basis of this contract, in full or in part, without or for compensation.
11. Miscellaneous
Please note that the general ToS can be changed by ServerlessTalent at any time. The Users will therefore be asked to check the general ToS themselves regularly.
If important or essential changes are made to the general ToS for ServerlessTalent’s service, the site will be updated with the general ToS on the Website. If you are registered on the Website, we will also inform you of the changes by email. Any change to the general ToS enters into force in relation to new Users of the Website immediately and enters into force fourteen (14) days after publication of the new general ToS for existing Users. If you reject the new general ToS after you have been informed about a change, you must cease using the Website. Otherwise, your continued use of the Website will be considered as consent to these changes.
These general ToS replace earlier versions of ServerlessTalent’s general ToS.
If individual provisions of the contract or these conditions are ineffective or the contract contains gaps, the effectiveness of the remaining provisions will not be affected thereby. An effective provision corresponding to the sense and purpose of the ineffective provision will replace the ineffective provision. In the event of gaps, the provision corresponds to that which would have been reasonably regulated according to the sense and purpose of these general ToS, had the matter been considered from the outset.
The fact that ServerlessTalent does not refer at a determined time to one of the clauses of these terms of service and/or that the user does not fulfill one of their obligations under these terms of service, cannot be interpreted as ServerlessTalent waiving the right to later refer to one of these clauses or contractual obligations.
Accordingly, other rules may not have priority over these terms of service, unless ServerlessTalent has expressly agreed to this in writing. Any contrary determination, lodged by a User, is therefore not enforceable against ServerlessTalent without express consent, irrespective of when ServerlessTalent became aware of it.
12. Applicable law and jurisdiction
These general ToS are subject to the U.S. Federal Laws and Regulations. All disputes about the existence of the general ToS, their validity, interpretation or ending are subject to the exclusive competence of the