Nixa.io

Terms of Service

Last revised: 22nd November 2021 

 

Please note that the General Terms of Service (“ToS”) can be changed by Nixa.io at any time. Users are therefore advised to check the general ToS regularly. The ToS can be accessed on the Nixa.io website www.nixa.io/termsofservice and the last revised date of this document will be listed. 

 

Summary of main Terms of Service 

This agreement applies to all Nixa.io’s services and other Nixa.io-related sites, apps, communications, and other services that are offered under this agreement. This agreement applies to all registered Users of Our Services (“Users”, or as used herein “You”, “Your”, “Yourself”) including, but not limited to, Candidates who are seeking employment and/or contractor opportunities (“Candidates”) and Companies interested in hiring or engaging Candidates (“Companies”, or as used herein “Employer”, “Company”, “Client”). 

Nixa.io is in the business of offering a Service that matches and connects Candidates and Companies via the website www.nixa.io and the platform www.app.nixa.io. The Service allows both candidates and companies to efficiently and quickly connect for professional opportunities. 

It's free to access our Services on the website and the platform. The service is completely free of charge for candidates. Companies will be invoiced a Service fee when an employment contract, service agreement, or another type of agreement intended to regulate the fulfillment of a task for payment of remuneration is signed between a Company and a Candidate. The service fee will be calculated on a case-by-case basis (see section 7). 

 

1.0 INTRODUCTION 


1.1 Nixa.io AS is a company registered in Norway with a registered office at Thorvald Meyers Gate 7, 0555 Oslo, TAX ID number 8245417552. Nixa.io AS is the owner and operator of the Nixa.io website (www.nixa.io) and the Service provided by Nixa.io on the Platform (www.app.nixa.io).


1.2 You are entering into this agreement with Nixa.io AS (“Nixa.io”, “We”, “Our”, or “Us”). When you (individually or the entity that you represent) use our Services or create an account on Nixa.io, you are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Service, You agree to be bound by this Agreement, and any additional terms references herein, including Our Privacy Policy, and Data Processing Agreement which sets out the terms in which We process Personal Data collected from You or provided to Us. Accepting these terms, you declare that: 

(1) You have read, understood, and agree to be bound by these terms
(2) You are legally entitled to enter into a contract with Nixa.io 
(3) You are authorized to make a commitment on your behalf, or on behalf of the company, and therefore able to bind that company to these terms 

 

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SERVICE. 

1.3 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 Business Regulations 2003 (as amended). For the avoidance of doubt, Nixa.io is not and shall not be the employer, agent, partner, or joint venture of any Candidate or Employer. The Candidate is employed or engaged by the Company directly. 

 

2.0 DEFINITIONS


Nixa.io offers a Service (“Service”) that connects candidates and companies via the Website www.nixa.io and the Platform www.app.nixa.io

Website: the website www.nixa.io 

Platform: the web application www.app.nixa.io 

Terms: These terms of service, might also be referred to as “Agreement” or “ToS” 

User: An individual or legal entity who registers on the website and creates an account. 

Candidates: Any individual or legal entity who registers on the website and creates an account to seek professional opportunities for fixed-termed contracts or permanent employment contracts. 

Company: Any organization or legal entity that has entered into an agreement with Nixa.io or that registers on the website and creates an account to seek access to candidates for projects or employment. May also be referred to as “Employer”. 

Profile: Refers to all content that is published by a Candidate or a Company to present themselves and to interact on the platform and/or website. This includes personal information and any uploaded files including photos, CV, etc. Candidates and Companies interact on the website via their profiles. Profiles may also be referred to as “Account”. 

 

3.0 DESCRIPTION OF SERVICE

Nixa.io is a recruitment service built to help Candidates and Companies connect faster and more efficiently. Both Candidates and Companies are pre-vetted before they can access the Service to ensure quality and to obtain enough information to make an informed match between the Candidate and the Company. The goal of the Service is to reduce time and resources invested in the recruitment of candidates for short or long-term engagements and to increase the overall quality of recruitment. 

Nixa.io offers a Service through which Candidates and Companies can connect and interact directly. The interaction and connecting take place on the platform while the remaining recruitment process may be conducted outside the platform. See section 4.0 for more information on the User's responsibilities and the extent of the Service. 

Companies may have the option to purchase certain professional services including sourcing and recruiting assistance from Nixa.io to source Candidates through the Service on the Client’s behalf. If a Company wants to purchase certain professional services, Nixa.io will enter into a separate agreement with the Company elaborating on the scope of the Services and its terms. 

 

3.1 Description of service for Candidates 

Nixa.io is a free service for Candidates that allows them to efficiently and quickly find new professional opportunities on a short or long-term basis. Candidates can access and use the service after they have registered on our website, created an account on the platform, completed the onboarding process, and have been approved by Nixa.io. 

The service allows candidates to receive direct interview requests from companies. An interview request is a message sent from a Company to the Candidate with the information that the Company has shown interest in their profile and would like to schedule an interview. The Candidate is free to choose if they want to accept or decline the interview request from a Company. If the request is approved by the Candidate, the Company will be connected with the Candidate and they can make an appointment directly. If the recruitment process is successful and the Company will like to engage the Candidate, the Candidate is free to make an agreement directly with the Company. Candidates will always be free to accept or decline requests or offers on the platform. 

The interview requests are not binding and are without obligations. They do not constitute the formation of an employment contract or service agreement binding the Candidate in any way to the Company. Only the conclusion of an employment contract or service agreement between the Candidate and the Company will establish mutual obligations. 

 

3.2 Description of service for Companies 

Nixa.io is a free-to-access service for Companies that allows them to efficiently and quickly find qualified candidates for job openings and employ/engage Candidates on a short or long-term basis. A service fee is due only on employment or other engagement of the candidate. Companies can access and use the service after they have registered on our website, created an account on the platform, completed the registration process, set up their company Profile, and have been approved by Nixa.io. 

The service allows Companies to publish jobs, access a shortlist of candidates for the posted jobs and view candidate Profiles on the platform. Companies can send interview requests to selected Candidates in the shortlist. An interview request is a message sent from a Company to the Candidate with the information that the Company has shown interest in their profile and would like to schedule an interview. The interview request will contain information posted in the job offer such as (i) job description, (ii) preferred qualifications, (iii) type of contract planned (duration, employment contract vs service contract), and (iiii) proposed remuneration and benefits. The Company is free to choose which candidates they would like to send interview requests to. 

The interview requests are not binding and are without obligations. They do not constitute the formation of an employment contract or service agreement binding the Company in any way to the Candidate. Only the conclusion of an employment contract or service agreement between the Company and the Candidate will establish mutual obligations. 

If the interview request is approved by the Candidate, the Company will be connected with the Candidate and they can make an appointment directly. If the recruitment process is successful and the Company would like to engage the Candidate, the Company is free to make an agreement directly with the Candidate. Companies will always be free to decide if they want to engage a candidate or not. 

 

4.0 RESPONSIBILITIES


When you are using our services, you agree that you will not: 

  1. Copy or distribute any part of the Service, including automated or non-automated “scraping” 
  2. Impose any unreasonable large load on our infrastructure 
  3. Collect or retain any personal information contained in the Service beyond the permitted use hereunder 
  4. Stalk, harass, bully, or harm others 
  5. Impersonate any person or entity 
  6. Hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content

4.1 Responsibilities of Nixa.io as Service Provider 

 

4.1.1 Nixa.io is responsible for delivering the tool that will allow Candidates and Companies to connect. The agreements established between Companies and Candidates do not bind Nixa.io contractually. Nixa.io has no obligation to enforce any agreement between Companies and Candidates. 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. 

 

4.1.2 Availability of Service 

Nixa.io is responsible for making any reasonable effort to make the Service available to Users at all times. However, there may be occasions when access to the Service is interrupted, including scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In case you experience issues accessing the Service, you should promptly notify Nixa.io by sending an email to platform@nixa.io

 

4.1.3 Support 

Nixa.io is responsible for assigning a dedicated Success Manager to new Users. The Succes Manager will be responsible for supporting and guiding the Candidate or Company through the Service and the following recruitment process. The Success Manager shall not interfere in the recruitment process after an interview request has been accepted but will be available to support both the Company and the Candidate if needed. The Company and the Candidate are responsible for keeping prompt communication with the Success Manager. The primary channel of communication will be email but in some cases, the Success Manager will see the use to contact Companies or Candidates via phone. 


4.2 Responsibilities of Candidates 

 

4.2.1 Registration and onboarding

When a Candidate registers as a new User on the platform, the Candidate is asked to create an account and complete his or her profile by providing information such as name, details of educations, professional experience, skills, location, notice period, salary expectations, and other preferences. To ensure reliability and proper functionality of the service, the Candidate is responsible for providing, 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. The candidate is also responsible for providing Nixa.io with his or her most current e-mail address so that Nixa.io can maintain prompt and accurate communication. 

During registration, the Candidate is asked to complete an online technical test through a sub-provider. The Candidate is responsible for completing this test following the instructions given and not consulting/copying code from any source including a website, book, or friend/colleague to complete these tests. The Candidate’s submitted test will be subject to plagiarism detection and in the unlikely event that the candidate will be marked for plagiarism, Nixa.io will inform the candidate about this and consult the test to decide whether the candidate should be accepted or not. Nixa.io reserves the right to reject, at its sole discretion, the Candidate if no proper explanation or documentation is provided. 

In case of missing Profile information, Nixa.io reserves the right to request the necessary information from the Candidate. Nixa.io also reserves the right to accept or reject registration requests on the Website, if false information is provided or if the candidate does not provide the requested information. 

 

4.2.2 Maintenance of Profile 

The Candidate is responsible for not having more than one account on the platform and to make sure that their Profile is updated with relevant and accurate information at all times. In case a Candidate fails to update the Profile or add new relevant information after receiving automatic reminders, Nixa.io reserves the right to temporarily deactivate the Profile. The Candidate will in this situation be able to access their account and Profile but Nixa.io will not share the Profile with potential employers.

Candidates are responsible for maintaining the confidentiality of their own password and account information and will be fully responsible for all activities that occur under their account or Profile. Candidates agree to immediately notify Us of any unauthorized use of your account or any other breach of account security. 

 

4.2.3 Recruitment process responsibilities 

During the recruitment process with a Company, the Candidate is responsible for keeping prompt communication with the Company and responsible for demonstrating professionalism during each interview with a Company. The Candidate is also responsible for providing proper feedback to Nixa.io after the first interview, and to provide the Success Manager with feedback or status updates after additional interviews if necessary.  

 

4.2.4 Responsibility to inform 

In the event that a Candidate reaches an agreement with a company, the Candidate is responsible for providing the following information to Nixa.io, within fourteen (14) days from the date an employment or service agreement was entered into: 

  1. The date of signing an agreement with the Company 
  2. A written confirmation of the agreed type of contract, contract duration, start date, and remuneration package 

The Candidate is responsible for informing Nixa.io about any changes to the agreed terms of the agreement, up to and including, the agreed starting date. The Candidate is also responsible for informing Nixa.io about any changes to the agreement that are put into action within ninety (90) days from the agreed starting date. The Candidate should immediately notify Nixa.io if: 

  1. The Company terminates your agreement based on unsatisfactory performance within ninety (90) days of the date on which your agreement commenced, or 
  2. You voluntarily terminate your agreement within ninety (90) days of the date on which your agreement commenced 

The Candidate agrees to not attempt to circumvent the Service by independently attempting to communicate with a Client that contacted or communicated with him or her on the Service. You are only allowed to use other means of communication with the Company after an interview request has been accepted by You. 

 

4.3 Responsibilities of Companies

 

4.3.1 Registration and onboarding 

When a Company registers as a new User on the platform, the Company is asked to create an account and complete the company profile by providing information such as company name, registered role, type of industry, company size, funding stage, planned hiring volume, and other relevant information. To ensure reliability and proper functionality of the service, the Company is responsible for providing, to the best of their knowledge, only correct and current information about their situation and to indicate their true identity. The Company is also responsible for providing Nixa.io with the User’s most current e-mail addresses so that we can maintain prompt and accurate communication. 

In case of missing information, Nixa.io reserves the right to request the necessary information from the Company. Nixa.io also reserves the right to accept or reject registration or job offer requests on the Website, if false information is provided or if the Company does not provide the requested information. 

 

4.3.2 Maintenance of Profile 

The Company is responsible for not having more than one Company account on the platform and to make sure that their Profile is updated with relevant and accurate information at all times. In case a Company fails to update the Profile or add new relevant information after receiving automatic reminders, Nixa.io reserves the right to temporarily deactivate the Profile. The Company will in this situation be able to access their account and Profile but will not be able to post any new jobs on the platform. 

The Company is responsible for maintaining the confidentiality of their password and account and will be fully responsible for all activities that occur under the account or Profile. You agree to immediately notify Us of any unauthorized use of your account or any other breach of account security. 

 

4.3.3 Shortlist review and interview requests 

Once a Company has posted a job on the platform, the Company will get access to a shortlist of candidates for this job and will be able to send out non-binding interview requests. Each Candidate will be presented in such a manner that the Company will have access to test results, experience, education, location, salary expectations, and other relevant information.

You understand that Nixa.io does not inquire into the background of its users or attempt to verify the statements of its users. You are responsible for conducting your own background checks to verify the information listed in the Candidate’s Profile or other due diligence that you may require before engaging any candidate. 

The Company is responsible for submitting all interview requests exclusively through the Service (on the platform). The Company should not attempt to circumvent the Service by independently attempting to communicate with a Candidate that contacted or communicated with the Company on the Service. The Company is only allowed to use other means of communication with the Candidate after an interview request has been accepted by the Candidate. The Company agrees to not circumvent the Service by independently attempting to communicate and hire the Candidate through alternative means after discovering the Candidate on the Platform. 

 

4.3.4 Recruitment process responsibilities 

If a Candidate accepts an interview request from the Company, the recruitment process begins. This may include one or several interviews which the Company is solely responsible for conducting. The Company is responsible for keeping prompt communication with the Candidate throughout the recruitment process and responsible for demonstrating professionalism and genuine interest during each interview with a Candidate. The Company is also responsible for providing proper feedback to Nixa.io after the first interview, and proper feedback directly to the Candidate after additional interviews.  

The final selection of candidates is solely the Company’s responsibility. Nixa.io is not responsible for the Candidate’s suitability for the position nor the duration of employment after the recruitment process has been completed.  

The Company is responsible for not disclosing to any third party the names and identities of Candidate whose Profiles were disclosed during the recruitment process and to take necessary measures to protect the content received via the website or the platform from loss, misuse, unauthorized access, disclosure or destruction. 

 

4.3.5 Responsibility to inform 

In the event that a Company concludes on an employment contract, service agreement, or any other type of agreement with a Candidate found on the platform to regulate the fulfillment of a task for compensation for an indefinite or fixed period, the Company shall:

  1. Inform Nixa.io immediately, and within a maximum period of fourteen (14) days, the date of signing the agreement with the Candidate 
  2. Provide written confirmation of the agreed type of contract, contract duration, start date, and agreed remuneration 
  3. Provide billing details such as legal entity name, registered address, the preferred method of delivery, and reference person. 

The Company is responsible for carrying out the mandatory formalities required by law and concerning the engagement. A Company that fails to provide the documentation required, will be liable for damage fees. See section 7.0 of this agreement for more information. 

The Company is responsible for informing Nixa.io about any changes to the agreed terms of the agreement up to and including the agreed starting date. The Company is also responsible for informing Nixa.io about any changes to the agreement that are put into action within twelve (12) months from the agreed starting date. The Company should immediately inform Nixa.io if: 

  1. The Company terminates the agreement based on the Candidate’s unsatisfactory performance within twelve (12) months of the date on which the agreement commenced, or 
  2. The Candidate terminate the agreement within twelve (12) months of the date on which the agreement commenced 

A Company that bypasses Nixa.io ToS after approaching or hiring a Candidate, who was found on the platform, will be liable for damage fees. See Section 7.0 of this agreement for more information. 

 

4.3.6 Responsibility to inform if the Candidate is already known to the Company 

If the Company can provide documentation that, in the three months prior to the date on which the Company was connected with the Candidate through the Service, it started an active recruitment process with the Candidate, the Company will be released from the payment of a Success Fee. The Company must be able to prove: 

  1. That the Candidate applied for the specific job vacancy or other open vacancies in the Company in the three months prior to the date on which the Company was connected with the Candidate on the platform. 
  2. That the Company responded positively to the Candidate’s application 
  3. That there has been ongoing communication or negotiations between the Candidate and the Company in the three months prior to the date of connecting through the Service 

If one of these conditions is lacking or did not occur in the three months prior to the date of which the Company was connected with the Candidate on the Service, the Company will be liable to pay the Service fee as described in section 7.0. 

 

4.4 Responsibilities related to Classification and Relationship 

4.1 The Company and the Candidate assume all liability for proper classification of Candidates as independent contractors or employees based on applicable legal guidelines. The Candidate and Company acknowledge that Nixa.io does not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed. The Company and Candidate will be solely responsible for all tax returns and payments required to be filed or made to any federal state, or local taxing authority, in any nation, concerning a contractor engagement. 

 

5.0 OBLIGATIONS AND COMMITMENTS TO PUBLISHED CONTENT 

5.1 All Users of the Service shall use any content posted by other Users in accordance with the laws applicable to the right to the respect of privacy and the protection of personal data. As Users of Our Service, all information You post, transmit, or submit through Our Service, is intended to be shared with others. By submitting any Content to Us, You hereby represent and warrant that You own all rights to the Content. All Users are prohibited from publishing content that: 

  1. 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 encourage illegal activity 
  2. May infringe upon the intellectual property rights of another person
  3. May be inaccurate or false 

5.2 Nixa.io may refuse to accept or display content and may remove or delete all or any portion of the content at any time. You understand that Nixa.io is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Content and that such Content is not the responsibility of Nixa.io. 

5.3 Users are responsible for informing Nixa.io if they believe that any content on the website and/or the platform is unlawful or violates the ToS by sending an email to platform@nixa.io

5.4 Nixa.io reserves the right to display advertisements in connection with the Content published by Users on the platform. Nixa.io may include the name of the Company in any document, electronic or otherwise, for marketing and publicity purposes without prior written consent. Nixa.io will never display personal data of Candidates for marketing or publicity purposes without prior written consent. 

 

6.0 DEACTIVATION AND TERMINATION OF PROFILE AND ACCOUNT 


6.1 Users can deactivate their Profile in case they don’t want to engage in any matchmaking or recruitment process. Candidates can deactivate their profile directly from the account settings on the platform. Deactivating the Profile means that Nixa.io will not deliver the Service of connecting them with relevant job opportunities. For as long as the profile remains deactivated, no further action will be taken. The Candidate can reactivate the profile if they want Nixa.io to deliver the Service. 

6.2 If a Candidate does not log in to the platform in three (3) months and/or fails to communicate properly with Nixa.io and does not respond to several requests from the Success Manager, Nixa.io reserves the right to deactivate the Profile on behalf of the Candidate. If this action is completed, the Candidate will be informed via email. 

6.3 If more than three (3) months pass from the point where the Company last logged in to the platform or completed any actions related to the Service, Nixa.io reserves the right to deactivate the Profile on behalf of the Company. This is also applicable in a situation where the Company fails to communicate properly with Nixa.io and does not respond to several requests from the Success Manager. In this situation, Nixa.io may decide to deactivate current job offers or interview requests. If this action is completed, the Company will be informed via email. 

6.4 Nixa.io reserves the right to suspend or terminate a User account in the event of a violation of terms described in this ToS. Nixa.io also reserves the right to deactivate a Company Profile or terminate the account if the Company has outstanding invoices that have not been paid within the given payment period.

6.5 In the situation where a User no longer wishes to use the Service, the User will be able to remove their account from the account settings on the platform. By completing this action, all personal data will be removed from the system and any other data will be anonymized for statistical purposes. Once a termination of the account has been completed, the User will not be able to restore the information. Nixa.io will not be able to access this information either. Nixa.io will take appropriate measures to ensure that all other data connected to this User, which might be stored on other third-party platforms, will be removed immediately and inform the User accordingly via email. 

6.6 Terminating an account immediately removes all previous consent given by the User and the User will need to give a new consent in addition to completing the registration process over again if they wish to use the service again at a later point. 

 

7.0 SERVICE FEES


7.1 Upon accepting these ToS, the Company undertakes to pay Nixa.io the costs connected with the Service delivered. 

7.2 The cost of Nixa.io’s service is defined as a success fee calculated on the basis of a percentage rate of the gross annual remuneration of the Candidate. The standard success fee, if no other fee/rate has been agreed to in writing between Nixa.io and the Company, is fifteen percent (15%) of the agreed gross annual remuneration of the Candidate. 

7.3 The gross annual remuneration is based on the fixed amount that the Candidate will be paid by the Company every month. E.g. €6000 per month which equals €72 000 on an annual basis. It does not include other variable amounts such as bonuses, equity, or other benefits. 

7.4 VAT will be added to the invoice if applicable. 

7.5 The Company will be liable for full payment of a Service fee to Nixa.io: 

  1. If The Company concludes an employment contract, service agreement, or another type of agreement intended to regulate the fulfillment of a task for payment of remuneration with a Candidate within twelve (12) months after being connected with this Candidate through the Service. 
  2. If the Company concludes a contract with a Candidate for another role or engagement within twelve (12) months after being connected with the Candidate through the Service. This also includes an offer of employment or engagement that is different from the initial offer. 
  3. If the Company introduces a Candidate that they were connected with through the Service within twelve (12) months to another person/company who subsequently employs or engages the Candidate, irrespective of whether it is a third party or whether or not it is affiliated with the Company. 
  4. If a Candidate that the Company has been connected with through the Service decides to apply for another position in the Company within six (6) months and subsequently gets hired or engaged in any way. 

7.6 The Company will only be liable for a Service fee if the Company and the Candidate conduct an interview through the Service. If the Company and the Candidate never interview after being connected on the Service, the Company will not be liable for the Service fees described in section 7.5. The fact that an interview has taken place before an agreement of any kind is entered into is required for the Company to be liable for the Service fee. 

7.7 The company is responsible for direct expenses related to the recruitment process, including travel costs for Candidates. 

7.8 A Company that bypasses Nixa.io’s ToS after engaging and interviewing a Candidate on the platform, must in addition to the regular Service fee pay damage equal to fifteen percent (15%) of the gross annual remuneration of the Candidate. 

7.9 If the Company fails to provide the documentation required under Section 4.3.5, the Company must in addition to the regular Service fee pay damage equal to thirty percent (30%) of the gross annual remuneration median for the position. This gross annual remuneration median will be the median number of the salary range that was provided by the Company when posting the connected job on the platform. 

7.10 The Company agree that the amounts set out in section 7.8 and 7.9 represent a genuine pre-estimate of the loss that Nixa.io will suffer as a result of the Company’s acts or omissions. 

7.11 Nixa.io reserves the right to change its Service fee and billing arrangement at any time. You will be informed accordingly by email. 

 

8.0 PAYMENT TERMS


8.1 Nixa.io is entitled to submit an invoice when the Service fee becomes payable. This is in the situation where an agreement has been entered into between the Candidate and the Company, and the parties have informed Nixa.io in writing about this. The invoice will be issued within one (1) week from receiving confirmation of engagement. 

8.2 The Company shall pay Nixa.io for performed services within thirty (30) days of receiving Nixa.io’s invoice. The invoice should be paid by bank transfer. 

8.3 In the event of delayed payment, where the invoice remains unpaid for more than ten (10) days after the thirty (30) day payment requirement, Nixa.io may charge interest pursuant equal to five percent (5%) of the amount overdue for each month. Collection charges shall be paid by the Company. 

8.4 The Company must inform Nixa.io immediately of any changes in billing information or payment account details. 

8.5 The Company is liable for the assessment and payment of any applicable taxes concerning the payment for Nixa.io’s Services. 

8.6 If the Company has an objection to the invoice or the Service fee to be paid, the Company must inform Nixa.io in writing within fourteen (14) days of the invoice date. In the absence of such an objection, the Company is deemed to have accepted the issued invoice. 

8.7 Nixa.io reserves the right to change billing methods and payment terms at any time. You will be informed accordingly by email. 

 

9.0 GUARANTEE 


9.1 Nixa.io offers a satisfaction guarantee that can be activated within ninety (90) days of the date when the Company and the Candidate entered into an employment contract, service agreement, or any other type of agreement. If the Company is not satisfied with the qualifications, qualities, or behavior of the Candidate, Nixa.io will attempt to replace the candidate free of charge within the next sixty (60) days. If Nixa.io is not successful in replacing the candidate within the given sixty (60) days, the Company can request a credit note of the issued invoice or a full refund of the Service fee if the invoice has already been paid by the Company. 

9.2 The guarantee can only be activated if the Company has notified Nixa.io about the termination of the agreement in writing, within fourteen (14) days of the termination. 

9.3 The guarantee lapses after ninety (90) days. 

9.4 The guarantee lapses if the Candidate is laid off due to economic reasons or due to internal restructuring by the Company. 

 

10.0 INTELLECTUAL PROPERTY


10.1 The Nixa.io trademark, consisting of the trademarks, whether registered or not, all the other marks, illustrations, images, text, commentaries, and logos appearing on the Website and Platform, the general structure of the Website and Platform, as well as the text software, animated and still images, expertise, drawings, illustrations, database or any other element comprising the Website and the Platform, is and will continue to be the exclusive property of Nixa.io and its licensor. The same applies to any copyright, design, utility certificate, or patent which is the property of Nixa.io. 

10.2 Any duplication in full or in part, change, removal, or use for any reason and on any media is prohibited without an expressed written consent from Nixa.io. 

 

11.0 CONFIDENTIALITY OF DATA


11.1 When a User register to use the Service, the User is asked to consent to these ToS in addition to our Privacy Policy. This Privacy Policy governs the User's right to confidentiality and data processing according to the rules and regulations of GDPR. To successfully deliver the Service to the User, Nixa.io must be allowed to store and process personal data. The stored personal data is exclusively used for managing the registration of the user and the business relationship between Nixa.io and the User. The Privacy Policy can be found online on the website www.nixa.io/privacypolicy 

11.2 When a Company register to use the Service, the Company is asked to consent to a Data Processing Agreement in addition to the ToS and Privacy Policy. This Data Processing Agreement governs the Company’s right to process personal Candidate data that they can access through the website and the platform. The Company needs to consent to this Data Processing Agreement in order for Nixa.io to successfully and compliantly deliver the Service. The Data Processing Agreement can be found online on the website www.nixa.io/dpa 

11.3 All Users agree to keep confidential all information relating to other users that are provided to them or otherwise accessed by them through the Website or the Platform, and/or in relation to the Service. 


12.0 EXCLUSION OF LIABILITY 


12.1 Our Service is provided on an “as is” basis. Nixa.io does not warrant that a Candidate will find a job, nor that a Company will fill a job vacancy, nor that a Candidate will be suitable for a job vacancy, or a Company suitable for a Candidate. 

12.2 To the maximum extent permitted by law, we disclaim all liability whatsoever, whether arising in contract, tort, or otherwise in relation to the Service, and all implied warranties, terms, and conditions relating to the Service. This includes (without limitation) any warranty, term, or conditions as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability, and noninfringement are excluded. 

12.3 Nixa.io will not be liable, in contract, tort, or otherwise, as a result of, or in connection with the Service for any economic loss (including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings), loss of reputation, loss of data, special or indirect or consequential loss even if advised of the possibility of failure to provide accurate and complete information when required to do so.

12.4 Nixa.io is not liable for agreements entered into between a Company and a Candidate. Any type of agreement that may be signed between a Company and a Candidate is the sole responsibility of these parties and excludes Nixa.io’s responsibility. Nixa.io cannot be held liable for direct or indirect damage resulting from communications, interactions, agreements, or disputes between the Candidate and the Company. 

12.5 If a Company and a Candidate enter into a service agreement that is not an employment contract, the Candidate bears the sole responsibility for any damage which he or she may cause to the company as a part of fulfilling his or her task. Nixa.io cannot be held liable if either party does not fulfill the agreement, fulfill it poorly, or end it, after the guarantee period described in section 9.0 has lapsed. 

12.6 Nothing in these ToS 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. 

 

13.0 GENERAL


13.1 These ToS can be changed by Nixa.io at any time. Users are therefore requested to check the ToS regularly by visiting our website. The ToS will always be available to any User on the website www.nixa.io/termsofservice. If important changes are made to the ToS, all Users will be notified via email. If you reject to changes of the ToS after being notified about this, you are obliged to inform us in writing. Otherwise, your continued use of the Service will be considered as consent to these changes. 

13.2 Nixa.io reserves the right to subcontract the Service agreed as part of this ToS fully or partially to third parties. 

13.3 If any provision of these ToS 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 ToS shall not constitute a waiver of such right or provision.

13.4 These ToS are governed by the laws of Norway, and any dispute about the validity, interpretations, or termination of the ToS will be subject to the exclusive jurisdiction of the courts of Oslo, Norway.