These Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with QPage in connection with the Service (collectively, “Terms“), govern your access to and use of our service (“QPage“, “we“ or “our“) websites, platform, and applications (collectively, the “Service“). You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail. These Terms apply to all visitors, users and others who access or use the Service. Please read them carefully before using the Service.
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
QPage reserves rights to any modification without prior notice or permission.
We firmly prohibit our direct competitors to access our service/platform at any level and purpose unless a written approval is given.
Website, software and apps are owned and managed by JetCell technologies Ltd a company incorporated in the UK. There are provisions in place allowing QPage Software to license the Services to Customers.
QPage provides access to the Service available to you in line with the terms of the applicable user registration form, and in line with these Terms. The Service is offered on a software-as-a-service subscription basis combined with multi-layer applications from Customers and applicants in line with the Terms of the relevant form. Each registration form between QPage and you, once signed or confirmed to proceed by a company agent or a user on behalf of a company, will constitute a separate agreement between you and QPage. These Terms will govern all registrations between QPage and you, except where a variation to these terms is agreed by the parties in your applicable Order Form.
QPage retains all rights to the Service. The Service may continue to change from time to time as we refine and add more features.
We may stop, suspend, or modify the Service at any time without prior notice to you, in any circumstances we reasonably determine to be necessary, including but not limited to (i) to perform essential repairs/maintenance to the Service; (ii) where your use of the Service is in breach of your obligations under this agreement; (iii) where payment of the fees for the Service are not paid in a timely manner. We also may impose limitations on bandwidth usage for the Service as we, in our sole discretion, determine to be appropriate.
1.1 You acknowledge and agree that the Service operates on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services“). QPage is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. QPage does not make any representations or warranties with respect to Third Party Services. Any exchange of data or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions.
1.2. In consideration for the payment of the Fees to use tier based subscription other than freemium version, QPage shall provide the Customer with the services as described on the Website, which allow the Customer to browse, screen, track and collaboratively manage its hiring process (“Services“) and provide the facility of storing the Customer’s recruitment data (“Storage Service“). The Services typically include the following:
1.2.1. The facility to use premium service “Advanced JD Recommender“ where it suggests accurate job description upon the job title.The Job descriptions suggestion service in this platform has been exclusively created as a suggestion. They do not represent or reflect any proprietary information. We firmly suggest to still write your desired open position’s Job Description by your own
1.2.2. The ability to compare candidates and their scores,
1.2.3. The facility to map company’s organization in different methodology and scheme,
1.2.4. The facility to use “Global Candidate Pool“ Where the subscriber/user uses the global candidate pool, the Customer hereby instructs QPage to search for such Candidates within opt-in databases, such as social networks, and candidate databases on job boards and to rank candidates,
1.2.5. The facility of integration with third parties,
1.2.6. The facility to use advanced video interview application combined with video and facial analysis and sentiment analysis,
1.2.7. Any other features and functionalities provided by QPage to time to time, including current feature further developments,
1.3. For the avoidance of doubt, QPage’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and QPage, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party.
1.4. QPage shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, QPage may use its reasonable endeavors to notify the Customer in advance provided that QPage is able to do so. Exception is accepted during the soft launch period.
1.5. Access to the platform and the Services may be granted to the Customer on a Freemium or “free” basis (“Freemium“) for a period of undefined when it can be changed with no prior announcement. The Customer acknowledges and agrees that during the Freemium the following specific terms shall apply in addition to all other Terms:
2.1. In order to use the Services, the Customer shall first be required to register with QPage by completing the online registration form on the Website at qpage.one
2.2. QPage shall send the Customer a confirmation email (“Confirmation Email“) once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms (“Contract“) commences on the date of the Confirmation Email. However, the process mentioned above may skipped at soft launch period.
2.3. We “QPage“ reserve the right to proceed validation and security procedures in relation to all information provided by the Customer/subscriber/user to us “QPage“. In case QPage has found reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, QPage at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
2.4. Our Terms of service applies to any and all users/member including partners/crowdsourced recruiters/company employees and every single user who access and use the platform and the Customer Services through the Customer’s account. The Customer acknowledges and agrees:
2.5. Upon a prior notice to the Customer, QPage may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or lodge full effect to, these Terms.
3.1. Customer/subscriber shall be responsible and liable for all uses of the Service by access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of employees and agents of Customer that are authorized to use the software (“Authorized Users/member”; regardless of their access level), and any act or omission by an Authorized User that would constitute a breach of this Agreement if performed by Customer. Customer shall make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and shall cause Authorized Users to comply with such provisions.
3.2. Customer represents, warrants and covenants that Customer and its employees will not produce content or otherwise use the Service in a manner that
Also, Customer represents, warrants and covenants that Customer, in performance of its obligations and/or exercise of its rights pursuant to this Agreement, will comply with all applicable laws and regulations. Customer further acknowledges that Customer is responsible for all employee activities in connection with the Services and that fraudulent, abusive, or otherwise illegal activity may be grounds for termination of this Agreement.
3.3. Unless otherwise explicitly stated by QPage, we “QPage“ do not vet, verify the accuracy, correctness and completeness of, edit or modify any submissions or any other information, data and materials created, used and/or published by the Customer on the platform including all services to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
3.4. QPage may enhance the Applicants Profile by using data related to the Candidate, obtained from third parties, his own and yours upon collected all parties; satisfaction together or alone on demand just to provide better source of information accurately. Such additional information may include links to any social media, websites and apps used by QPage in enhancing the applicants and companies profile. In such circumstances, QPage does not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is the responsibility of the Customer to verify the accuracy of such information before making any hiring decisions.
3.5. Content from other applicants, users, customers, and other third parties is made available to you through QPage. “Content”; means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on QPage platform including but not limited to applicant app, software and website. Because we do not control such Content, you understand and agree that:
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on QPage. For more information or question in mind please drop us a message on qpage.one/contact-us.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer’s value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as ’employees’ with regard to Content left on QPage. While we provide the option for QPage reviewers to specify the category of their employment when they leave a review (i.e partners, employees, external recruiter, etc.), we do not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an “employee“.
3.6. The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Customer and the approved Candidate directly. In the event there is a dispute between the Customer and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a “Dispute” – the Customer agrees QPage is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless QPage from any such loss or damage or any liability in relation to any Dispute.
3.7. The Customer hereby indemnifies QPage against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by QPage which arise directly or indirectly from any Dispute, or any breach by the Customer of clauses.
3.8. Notwithstanding 3.4, QPage reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), in case QPage has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
3.9. We “QPage” takes breaches of the Terms, and in particular, this clause 3, very seriously and therefore reserves the right to take any action that QPage finds necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the platform. In certain circumstances QPage may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Apps, websites, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Customer shall promptly notify QPage if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.
4.1. The fees to access the Services are as set out on the Website (“Fees“). The Fees may be based on
Unless stated otherwise on the Website or agreed by QPage in writing, the Fees shall be payable by the Customer in the beginning of each subscription term, in the manner as set out on the Website and software.
All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason, other than in accordance with clause 4.2
5.1. Except as expressly set forth in this Agreement, QPage will own and retain all right, title and interest in and to (a) the Services, including all software, improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed as part of any professional services or support, and (c) all intellectual property rights related to all of the foregoing. This Agreement does not grant Customer (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use the QPage trademarks, logos, domain names, or other brand features. “Intellectual Property Rights“ means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
5.2. The Customer may print off one copy and may download extracts of any pages from the software solely for use by the Customer and the Customer may draw the attention of other users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the platform including website, software and/or apps for any purpose other than accessing the platform or obtaining a benefit from the services in accordance with these Terms.
5.3. The Customer shall not, and shall procure that users/members shall not:
5.4. The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Openings and all information and materials provided by the Customer to QPage.
5.5. The Customer hereby grants QPage, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the platform as a whole or separately the Customer Information, Openings and all other information and material provided by the Customer to QPage in relation to the Services, for the purpose of providing the Services to the Customer.
5.6. The Customer hereby indemnifies QPage against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Openings, and all other information and material provided by the Customer to QPage.
5.7. Notwithstanding anything to the contrary, QPage will be free (during and after the term hereof) to, without any obligation to Customer to collect, develop, create, extract, compile, synthesize, analyze and commercialize statistics, benchmarks, measures and other information based on “Aggregated Data.“ “Aggregated Data“ means Customer Data that is:
5.8. Notwithstanding anything to the contrary, if customer or any of its employees or contractors provide us “QPage” with any ideas, suggestion(s), enhancement requests, feedback and/or recommendation(s) regarding the Services, including without limitation, new and/or improved features or functionality relating thereto (“Feedback”), we “QPage” are free to use and disclose such Feedback without any obligation to customer or such employees or contractors and to incorporate into any existing or future products or features.
6.1. Customer agrees neither party will be liable for any indirect, special, incidental, punitive or consequential damages of any kind (including loss of profit, opportunities or any other forms of loss) strict liability or otherwise, even if informed of the possibility of such damages in advance.
6.2. In no event will either party or their respective directors, officers, agents, or employees, be liable to the other party for any reason, whether in contract or in tort (including negligence or breach of statutory duty), or misrepresentation, for any claims, suits, liability or damages arising out of or based upon this agreement, in the aggregate, exceed the amount actually paid by customer to QPage under this agreement in the twelve (12) months preceding the first incident out of which the liability arose, regardless of the form in which any legal or equitable action may be brought.
6.3. Any claim or cause of action arising out of or related to use of the services or to the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever waived.
6.4. Notwithstanding any other provision contained herein, the liability of the parties shall not be limited in any way in respect of the following: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other losses which cannot be excluded or limited by applicable law.
7.1. Each party agrees that all non-public information, code, inventions, know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified in writing as confidential at the time of disclosure, is identified as confidential in writing within forty five (45) days of the disclosure, or is of a nature that a reasonable person with knowledge of the Disclosing Party’s business would understand to be confidential. For the avoidance of doubt, Confidential Information includes all Customer Data, code, inventions, know-how, business, technical, financial and personal data the Receiving Party obtains from the Disclosing Party. Except as provided herein (including, without limitation, as required for QPage to provide the Services), the Receiving Party will hold in confidence and not use or disclose any Confidential Information of the Disclosing Party. The Receiving Party’s non-use and non-disclosure obligations hereunder will not apply to information which the Receiving Party can document:
7.2. QPage and its customer shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including the EU General Data Protection Regulation 2016/679 (“GDPR”) (“Data Protection Laws”), in each case including all other successor legislation and regulation thereto.
7.4. Personal data which is processed by QPage as a data controller
QPage provides service to customers by use of other service providers. QPage committed to take its best at the time to provide the customer with best possible level of service, QPage does not guarantee that such service shall be fault free or uninterrupted at all times. QPage therefore shall not be liable in any way for any losses the customer may suffer as a result of delays or failures of the services as a result of QPage’s service providers. The foregoing warranty does not apply to, and QPage strictly disclaims all warranties with respect to connections and/or links to non-embedded services, products and professional services that are provided and sold to Customer by third parties which interoperate with or are used in connection with the Service.
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
Access to the platform including website, software, apps and part of the intellectual property from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United Kingdom.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
15.1. The customer is able to terminate the services at any time by cancelling their subscription.
15.2. The storage including relevant data and information shall continue even after the date of termination of the services until the contract is terminated or until the customer notifies us “QPage” in writing that all data of the customer requires to be removed.
15.3. The customer may terminate the contract on the provision of written notice to QPage.
15.4. QPage might not terminate the contract less than 100 days after termination of the services. Thereafter QPage may terminate the contract at any time, without prior notice to the customer.
15.5. QPage can terminate or suspend the customer’s access and use of the service separately or as a whole in case of breach by customer, termination of contract in clause 9.4, force measures including but not limited to law force, war or failure in providers infrastructure when QPage shall prepare to refund customer’s paid fee excluding its usage of services in the event of termination by QPage excluding breach of terms by customer.
These Terms and Conditions shall be governed by the laws of United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United Kingdom. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision