Nixa.io AS is a company registered in Norway, with a registered office at Thorvald Meyers Gate 7, 0555, Oslo. Nixa.io AS is the owner and operator of the Nixa.io website and of the recruitment service provided by Nixa.io on its Website (the Service).
1.1 Accepting these terms you declare that (1) You have read, understood, and agree to be bound by these terms; (2) You are legally able to enter into a contract with Nixa.io; and (3) You are authorized to make a commitment on your own behalf, or on behalf of the company, and therefore able to bind that company to these terms.
1.2 Nixa.io operates as an employment agency as defined by the Employment Agencies Act 1973 (as amended). Nixa.io shall comply with all laws applicable to an employment agency, including the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended). For the avoidance of doubt, Nixa.io is not and shall not be the employer, agent, partner, or joint venture partner of any Candidate of Employer. The Candidate is employed or engaged by the Employer.
Terms: these terms and conditions.
Candidate: any individual who registers on the Website seeking professional opportunities for fixed-term contracts or permanent contracts.
Employer: any organization that has entered an agreement with Nixa.io that is interested in employing a candidate.
Customer: An employer searching for candidates to hire.
Website: the website https://www.Nixa.io
User: a registered user of the Website is defined as a candidate
3. Description of the Service
3.1 As an Employer, Nixa.io gives you the chance to see and access pre-qualified profiles and reduce the costs associated with recruitment. You have the right to send interview requests to the Candidates listed on Nixa.io whose profiles correspond to those your organization is seeking. These interview requests are not binding in nature and are without obligation. They do not constitute the formation of an employment contract binding you in any way whatsoever to the Candidates. A fee is due only on employment or other engagement of a Candidate.
4.1 The final selection of candidates is solely the Customer's responsibility. Nixa.io is not responsible for the candidate’s suitability for the position nor the duration of employment after the recruitment process.
4.2 Nixa.io is responsible for finalizing the recruitment project in a satisfactory manner, and where the recruitment project is conducted with a high sense of structure and quality.
4.3 A dedicated Nixa.io Customer Success Manager will support and guide you through the whole process.
5. Obligations and commitments
5.1 Customers shall (1) use any content posted by other Users (by Candidates, as appropriate) in accordance with the laws applicable to the right to the respect of privacy and the protection of personal data; (2) Commit to the data agreement provided by Nixa.io and secure internal routines to handle breaches of the data protection regulations internally. Inform Nixa.io of any potential or actual breaches of the data agreement between the Customer and Nixa.io.
6. Recruitment Process
6.1 During the recruitment process, Candidates will be visible to Customers seeking relevant profiles and Candidates, and selected candidates will be enrolled in the recruitment project. Each candidate will be presented in such a manner that the Customer will have access to test-results, experience, salary expectations, etc.
6.2 In all cases, the Customer must demonstrate professionalism and motivation both during the recruitment process and during each interview with a Candidate.
6.3 Employers will be given access to pre-qualified and relevant profiles. Together with the Nixa.io Customer Success Manager, a short-list of candidates is established, and the recruitment process starts. Any specific adjustments towards a technical assessment or technical validation further into the recruitment process must be clarified with the Nixa.io representative.
6.4 The Customer and the Candidate may use other means of communication once the Candidate has accepted the interview request. The Customer agrees not to try to circumvent our Website and Service by attempting to communicate independently of our Website and to employ the Candidate by other means, after finding the Candidate on our Website.
7. Payment Terms
7.1 Following the signature of an employment contract or a service contract with a Candidate, the Customer shall provide documentation to Nixa.io within 30 (thirty) days after the contract is signed between the Customer and the Candidate. This documentation shall be in writing, and preferably a copy of the contract or an offer letter. The documentation must outline the key terms and conditions of the contract (remuneration and date on which the contract is signed) as agreed with the Candidate. The responsibility lies with the Customer to carry out the mandatory formalities required by law and concerning the employment.
7.2 The Customer shall immediately inform Nixa.io if the contract is amended or terminated for whatever reason within 12 months from the date on which it was signed.
7.3 The Customer shall pay Nixa.io for performed services within 30 (thirty) days of receiving Nixa.io’s invoice.
7.4 In the event of delayed payment, Nixa.io may charge interest pursuant equal to 5% (five percent) of the amount overdue for each month. Collection charges shall be paid by the Customer.
7.5 In the event that the Customer hires more candidates than what is specified in the proposal or recruitment contract with Nixa.io, no changes in compensation will be made. The Customer shall pay the agreed amount, defined in the proposal for any additional hires. This also applies if the candidate(s) chooses to apply for any other position with the Customer during or after six months of the hiring process.
7.6 The Customer will be liable for the full payment of Nixa.io fees:
- if within 12 months after being introduced through Nixa.io the Candidate accepts an offer of employment or other engagement with the Customer, including an offer of employment or engagement that is different from the initial offer.
- if within 12 months after being introduced through Nixa.io, the Customer introduces the Candidate to any other person or company who subsequently employs or engages the Candidate.
7.7 Costs related to travels for candidates, and direct expenses related to the recruitment process, which is not clarified with Nixa.io or the candidate, must be approved in writing by the Customer.
7.8 Nixa.io shall be entitled to submit an invoice when the fee becomes payable. A Customer, who has selected to make monthly recruitment payments, must complete the direct debit authorization which will be provided to them by Nixa.io. The Customer must inform Nixa.io immediately of any changes in billing address or payment account details. A Customer who has chosen the lump sum fee payment option must pay Nixa.io by bank transfer.
7.9 Any dissatisfaction on the part of the Customer regarding an invoice or the nature of the Services must be clearly expressed in a letter or e-mail and sent within 14 days from the date of the invoice. In the absence of such a letter or e-mail, the Customer will be held to have accepted the invoice. All Nixa.io invoices are available on-line to the Customer.
7.10 A Customer who bypasses Nixa.io terms after hiring or approaching a Candidate, who was found on the Nixa.io Site, must in addition to regular fees paid under Clause 7.3, pay damages equal to 15% of the gross annual remuneration of the Candidate.
7.11 In the event that the Customer fails to provide the documentation required under Clause 7.1 within 30 (thirty) days, the Customer must in addition to the fees paid under Clause 7.3, pay Nixa.io damaged totaling 30% of the gross annual remuneration median for the position under consideration as indicated on the salary scale published annually on the UL internet site. If a salary scale is not available for the position under consideration, Nixa.io reserves the option to use a substitution reference of the gross annual remuneration initially offered to the Candidate by the Customer during the Recruitment Search on the Website.
7.12 The parties agree that the amounts set out in Section 7.10 and 7.11 represent a genuine pre-estimate of the loss that Nixa.io will suffer as a result of the Customer’s acts or omissions.
8. The role of Nixa.io
8.1 Nixa.io provides tools for Employers to search for and contact Candidates. The agreements established between Employers and Candidates do not bind Nixa.io contractually.
8.2 Nixa.io has no obligation to enforce any agreement between Employer and Candidate. Nixa.io is not involved in the formation of these agreements and cannot be held liable for any damages resulting from the enforcement or not of these agreements.
9.1 Nixa.io satisfaction guarantee can be activated within four weeks of the Customer and candidate enter into employment or a service contract agreement. If the Customer is not satisfied with the employment, Nixa.io will replace the candidate free of charge. The guarantee can only be activated if the Customer has notified Nixa.io of the termination of the contract in writing, by registered letter or email within 14 days of the termination.
9.2 The guarantee lapses after a period of 4 (four weeks)
9.3 The guarantee lapses in the event that the candidate is laid off for economic reasons or due to internal restructuring by the Customer.
10. Changes to fees and billing arrangements
Nixa.io reserves the right to change its fees and billing arrangements at any time and inform you accordingly by email.
11. Intellectual property
11.1 The Nixa.io brand, consisting of the trademarks, whether registered or not, all the other marks, illustrations, images, texts, commentaries, and logotypes appearing on the Website, whether registered or not, the general structure of the Website, as well as the text software, animated and still images, expertise, drawings, illustrations, database or any other elements comprising the Website, is and will continue to be, the exclusive property of Nixa.io and its licensors.
11.2 The same applies to any copyright, design, utility certificate, or patent which is the property of Nixa.io. Any reproduction, in whole or in part, modification, extraction or utilization, for whatever reason and by whatever means, without the prior and express approval of Nixa.io, is strictly forbidden.
12. Confidentiality of data
12.1 Confidentiality of the personal information of the User: personal information is the data pertaining to the User (postal and electronic address, occupation, etc.) These details are exclusively for the management of the User registration and for the commercial relationship between the Users and Nixa.io.
12.3 Users agree to keep confidential all information relating to other users that are provided to them or otherwise accessed by them through the Website and/or in relation to the Services.
13. Exclusion of liability
13.1 Save in relation to our obligations set out above, the Services and the Website are provided on an “as is” basis. We do not warrant that a Candidate will find a job, nor that a Customer will fill a job nor that a Candidate will be suitable for a job vacancy, or a Customer suitable for a Candidate.
13.2 To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Website and the Services; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability, and noninfringement are excluded.
13.3 Nixa.io will not be liable, in contract, tort (including negligence or under statute) or otherwise, as a result of or in connection with the Website or the Services, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; (d) special or indirect or consequential loss even if advised of the possibility of such losses; and/or (e) any loss arising from your failure to provide accurate and complete information when required to do so.
13.4 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law.
14. Availability of the Service
We will use reasonable endeavors to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You should promptly report any fault in the Website and/or the Services to firstname.lastname@example.org and we shall endeavor to remedy the fault as soon as reasonably practicable.
Nixa.io may not include the name of the Customer in any document, electronic or otherwise, for marketing and publicity purposes without prior written consent.
16.1 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.2 These Terms are governed by the laws of Oslo, Norway, and any dispute about the validity, interpretation, or termination of the Terms will be subject to the exclusive jurisdiction of the courts of Oslo, Norway.