“In the event of any discrepancy between the meanings of any translated versions of this document and the Spanish language version, the meaning of the Spanish language version shall prevail”

GENERAL CONTRACT CONDITIONS

General Terms and Conditions applicable to remote job posting services (Jobs) on Remoters.net

PLEASE NOTE, if you accept, the following Terms and Conditions shall constitute a valid and binding agreement, in accordance with the regulations in force regarding remote contracting.

1-. HOLDER IDENTIFICATION AND CONTACT

We provide the following information regarding website ownership:

Name and last name: ELISA MARTÍNEZ ZANCAJO, hereinafter referred to as “REMOTERS”.

NIF or official identifier: 12407806L

Address: Calle Hermosilla 48, 1º Derecha, 28001, Madrid, España.

For more information, send an e-mail to: [email protected]

Communications made with REMOTERS by the aforementioned means shall be considered valid and effective for all purposes.

2.- OBJECT OF CONTRACTING

The following Terms and Conditions (the “Terms” or the “Agreement”) govern the offer and contracting of a posting service (the “Service”) provided through REMOTERS website (hereinafter referred to as the “Website”), which allows users of the Service (the “Client(s)”) to post remote job offers (hereinafter, the “Job” or, in plural, “Jobs”) in certain areas of this Website, as well as to promote (depending on the contracted Plan) such job offers in other online areas managed by REMOTERS.

3-. SCOPE OF SERVICE

The posting of a specific Job on the Website does not grant the Client any property or ownership right over the website, constituting a mere right of temporary use of the Service, which shall be subject to the remaining of these Conditions.

The Client may not distribute or assign to third parties the rights acquired by accepting these Conditions.

The Service is offered with the content, duration, prices, features, and modalities expressed by REMOTERS from time to time on this Website.

4-. ACCEPTANCE OF CONDITIONS

Prior to using the Service in any of its forms or Plans, REMOTERS shall ask the Client to agree to these Terms and Conditions and REMOTERS Privacy Policy provided on the Website (the Client must check the appropriate box).

By completing this acceptance mechanism, the Client shall have expressly accepted to adhere to the Conditions herein, in all terms and without any exception.

The Client expressly declares to be of legal age and to have sufficient legal capacity and representation to be bound by these Conditions.

These Terms and Conditions are the only terms and conditions applicable to the Service and supersede any other previously existing terms and conditions.

The Client may save and print the following Conditions at any time. In fact, REMOTERS recommends the aforementioned.

5-. SERVICE DESCRIPTION. PLANS

The Client may contract the Service in any of the modalities (the “Plan” or “Plans”) offered on the Website by REMOTERS from time to time.

REMOTERS offers Free Plans and Paid Plans, with the description and characteristics specified in the corresponding sales page.

A Free Plan Client will not have access to the features and benefits of a Paid Plan without prior payment (see Condition 6 “Price”) corresponding to the corresponding Paid Plan.

REMOTERS reserves the right to highlight, enhance and/or privilege at its sole discretion, both on the Website and in other online spaces managed by REMOTERS, the “Jobs” corresponding to a paid Plan over those Jobs generated through the use of a free Plan.

REMOTERS may also modify at any time the characteristics, functionalities and Price of the different Service Plans, with full respect to the rights acquired by the Client with any Payment Plan still active at the date of modification.

Summary of the Service Plans offered by REMOTERS:

“Free Job” Plan. Plan features:

Pre-defined to 30 Days Job Publication time

  • No Job Description Edition Allowed After Publication.
  • No Highlight in Job Home Page and Category Listing.
  • No Company Edition Description and Links to Site & Social Media Allowed.

“Premium Job” Plan. Plan features:

  • Personalized Job Publication Time within 60 Days of initial publication.
  • Edit job description after publication, while job is published.
  • Highlighted at top of Job Home Page and Category Listing during 7 days.
  • See Job stats: Number of job visualizations and clicks on the application button.
  • Edit Company Description and Links to Site & Social Media.

* Plus VAT, if applicable

“Super Job” Plan. Plan features:

  • Personalized Job Publication Time within 90 Days of initial publication.
  • Edit job description after publication, while job is published.
  • Highlighted at top of Job Home Page and Category Listing during 14 days.
  • See Job stats: Number of job visualizations and clicks on the application button.
  • Edit Company Description and Links to Site & Social Media.
  • Highlighted in job email alert of relevant job category once.
  • Included in Remoters’ monthly newsletter.
  • Shared on Remoters’ social media: Twitter, Facebook, Instagram.

* Plus VAT, if applicable

6-. PRICE AND PAYMENT TERMS

Some Plans of this Service require the Client to pay a Fee.

The Price consists of a lump sum expressed in “U.S. dollar”.

The Price includes applicable taxes at all times, in accordance with the regulations to which REMOTERS is subject.

Payment shall be made through Stripe platform, with the Client choosing one of the following methods:

a-. Credit Card

b-. PayPal

All possible exchange, bank or other fees related to the chosen payment method shall be for the exclusive account of the Client.

REMOTERS reserves the right not to activate the features corresponding to a Payment Plan until the payment verification operations have been carried out.

7-. Client OBLIGATIONS

By accepting the following Conditions, the Client hereby agrees to:

7.1. Use the Service to meet its business and/or commercial interests, assuring REMOTERS that, in no case, is contracting the Service as a “consumer”.

7.2. In the event of contracting a Payment Plan, make the payment of the corresponding Price.

7.3. Provide REMOTERS with the Job details required for the corresponding publication in the Service. The details will be collected through the form provided for this purpose by REMOTERS.

7.4. Guarantee REMOTERS proper use of any material and/or content delivered or sent to REMOTERS in the Job details. Specifically, the Client warrants REMOTERS that it has all intellectual property rights and, where appropriate, industrial property rights over such materials and / or content, and that they do not infringe rights or interests of third parties.

7.5. Assure REMOTERS that the content and features of the Jobs include truthful, accurate and up-to-date information, and that such Job does not incur any of the content prohibitions set forth in Section 9 of these Terms.

7.6. Communicate REMOTERS without undue delay any incident detected by the Client in the publication of the Job in the Service.

7.7. Refrain from using any bot technologies, scraping algorithms, spiders, or the like on REMOTERS to collect, copy or remove data, information or statistics relating to THE SERVICES. Refrain from decompiling, disassembling, or performing any acts of reverse engineering to discover the software or code involved in the provision of the Service by REMOTERS.

8-. OBLIGATIONS OF REMOTERS

REMOTERS undertakes to:

8.1 Insert the Job in the corresponding location of the Web Site, according to the Plan contracted by the Client. Also, in accordance with the characteristics of the corresponding Plan, to provide the Client with the services and facilities inherent to such Plan.

8.2. Maintain the publication of the Job in the Service during the time corresponding to the contracted Plan.

8.3. Communicate to the Client, as soon as it is detected by REMOTERS, any reluctance, qualms or objections of REMOTERS regarding the Job posting by the Client, especially when the Job could incur, in the opinion of REMOTERS, in any of the prohibitions of content referred to in paragraph 9 of these Conditions.

8.4. Notify the Client of any request for removal of the Job sent to REMOTERS by a third party or competent authority. In such circumstances, REMOTERS shall evaluate the request for withdrawal and may, as a precautionary measure, block the dissemination on the Service of such Job until the Client clarifies the matter with the third party requesting the withdrawal or, as the case may be, the competent authority requesting such withdrawal, without such blocking being considered a breach of this Agreement.

9-. CONTENT PROHIBITIONS

Important: The Client shall verify in advance the content of the Job to be published on the Service. In this regard, the Client shall refrain from posting on the Service any Job that directly or indirectly contains or implies:

  • Work services that are not performed entirely remotely. Job offers that involve, in any percentage, work that requires the employee to be present physically may not be published in the Service.
  • Job offers that contravene the laws in force regarding Labor, Social Security and Occupational Risk Prevention (taking as a reference the Spanish regulations).
  • Job offers that violate the rights of women workers.
  • Job offers that describes working conditions and/or salaries that violate the principle of equality in labor matters for women and men.
  • Job offers that violate the honor, privacy, or good image of individuals.
  • Job offers that describes wage conditions that are insufficient or below minimum wage criteria set by law, collective bargaining agreements or industry standards.
  • Offer of work that clearly contravenes the laws in force, morality, or public order.

10-. REVIEW OF JOBS BY REMOTERS

REMOTERS may, at its sole discretion, review the content of Jobs submitted and/or posted by the Client.

When, as a result of such reviews, REMOTERS detects a Job on the Service that, in its sole judgment, falls within any of the content prohibitions set forth in Condition 9 (“Content Prohibitions”), REMOTERS may, at its sole discretion, remove or delete the Job posting on the Service, notifying the Client by e-mail of its decision.

In the event of any dispute between REMOTERS and Client as to whether a particular Job, or description thereof, would fall within the above content prohibitions, REMOTERS’ judgment shall prevail.

Deletion or elimination of a Job by REMOTERS by virtue of the provisions of this Condition shall entitle the Client to demand a refund of the amounts paid for the contracted Plan.

The Client whose Job has been deleted or removed by REMOTERS pursuant to the following Condition must contact REMOTERS to resume using the Service or to purchase any of the Plans. For these purposes, the Client authorizes REMOTERS to retain indefinitely the information relating to the deleted or removed Job that the Client provided at the time of hiring the Service.

11-. RELEASE AND WAIVER OF LIABILITY

REMOTERS shall use its competence and most diligent efforts to fulfill its obligations in this agreement, providing THE SERVICES in a professional manner and according to the best practices of its business sector.

REMOTERS does not warrant that the Service will be able to achieve the results or meet the expectations that led to the Client’s decision to purchase the Service. Particularly, REMOTERS does not guarantee any general or specific number of users of the Service interested in a particular Job.

In the event of a breach by REMOTERS of its obligations under the following Terms and Conditions, its liability shall be limited to the direct and foreseeable damage, if any, that may be suffered by the Client, which shall not exceed the amount of the amounts paid by the Client as the Service Price (if a Payment Plan has been contracted).

In no event shall REMOTERS be liable for any damages, losses, lost profits, inconvenience, and, in general, damages of any kind caused to the Client or third parties outside this Agreement, resulting from acts of God, force majeure, technical incidents or maintenance operations on REMOTERS web servers, or improper use of the Service or the Website by the Client.

12-. CONSEQUENCES OF NON-COMPLIANCE

REMOTERS reserves the right to suspend the Service at any time in the event that the Client does not comply with its obligations under these Terms.

Both REMOTERS and the Client may terminate this Agreement in case of breach of their respective obligations, provided that such breach is not remedied within fifteen (15) calendar days from receipt of notice of cure of the breach sent by the party in default.

Agreement termination shall not entitle the Client to a refund of any amounts paid to REMOTERS as the Service Fee when such termination results from a breach of the Client’s obligations.

  1. REQUEST FOR JOB REMOVAL BY THE Client

The Client may request in writing to REMOTERS the withdrawal or elimination of a contracted Job, even if the corresponding Plan remains in force. For example, if the Client has already found a suitable candidate and therefore no longer wishes the job offer to be published.

In the event that the Job or Jobs concerned by the Client’s withdrawal request are from a Payment Plan, REMOTERS will not refund the amounts paid.

The withdrawal or disposal of the Job at the Client’s request shall be without prejudice to the provisions of Condition 15 (“Retention of expired and withdrawn Jobs”).

14-. INTELLECTUAL PROPERTY.

The Client acknowledges REMOTERS’ exclusive intellectual and, if any, industrial property rights in the Service and the Website.

The Client expressly authorizes REMOTERS to use its name and logo exclusively as is relevant to render the Service and the proper identification of the Job posted by the Client on the Service. Client acting as an agent or representative of the company offering the relevant Job, warrants to REMOTERS that it has sufficient authorization and/or license from such company for REMOTERS to use the company and/or trade name and logo on the Service.

Likewise, the Client expressly authorizes REMOTERS to retain the corporate name, trade name and, if applicable, the corporate logo of the company offering the corresponding Job after finalizing the contracted Plan, in accordance with the provisions of Condition 15 (“Retention of expired and withdrawn Jobs”).

15-. CONSERVATION OF EXPIRED OR ELIMINATED JOBS

Jobs whose time of publication in the Service has been exceeded, according to the description and characteristics of the corresponding Plan, shall be considered “expired”.

Jobs that REMOTERS removes or deletes from the list of active Jobs in the Service, at the Client’s request (for example, because it is no longer necessary to keep the job offer active when the Client has found the right candidate), shall be considered as “withdrawn” Jobs.

The Client authorizes REMOTERS to keep for an indefinite period of time and duly pseudonymized (i.e. devoid of any reference to personal data), the content of the expired or withdrawn Job, including the name and logo of the company, and to publish them in the section of the Website corresponding to the history of job offers submitted to REMOTERS. The Client may, however, exercise a right to object at any time to REMOTERS removing such elements from the Website.

16-. PERSONAL DATA PROTECTION

REMOTERS will process the personal data it collects or to which it has access as a result of contracting or providing the Service, in accordance with the rules and principles established by the EU Regulation 679/2016 of 27 April, known as “GDPR”.

When the Client enters personal information or data in a Job, the Client shall be solely responsible for the processing of such data and shall guarantee to REMOTERS that such personal data and information have been obtained and are processed by the Client in accordance with the rules and principles established by the GDPR.

17.- MODIFICATION OF THESE CONDITIONS

REMOTERS may unilaterally modify the Terms and Conditions herein at any time, in full respect of the rights acquired by the Client.

If any clause included in these Conditions is declared, totally or partially, null or ineffective by a competent body, it shall only affect such provision or clause, or the part thereof that is null or ineffective. The terms and conditions will subsist in all the remaining, having such disposition or clause, or the part that was affected.

18.- APPLICABLE REGULATIONS

The Service is governed by the European and Spanish regulations in force in Spain.

The Terms and Conditions herein shall be interpreted in accordance with such Spanish regulations.

Given the nature of the provision of the Service (publication of job offers), the Client and REMOTERS agree that this Agreement is entered between companies and / or employers and that, therefore, the application to these Terms and Conditions of the current legislation on consumers and users is excluded.

19-. CONFLICT RESOLUTION

In the event of any conflict or discrepancy in the interpretation or application of these Conditions, the Judges and Courts corresponding to the domicile of REMOTERS (see section 1 “IDENTIFICATION OF THE HOLDER AND CONTACT”) shall have jurisdiction to hear the matter, with the Client waiving any other corresponding jurisdiction.

Last update: June 2022-.