GENERAL TERMS AND CONDITIONS ON CODERSRANK’S SERVICES

FOR COMPANIES

This document (hereinafter referred to as: “GTC”) contains the general rules, rights and obligations on the access and use of the services provided by CodersRank Zártkörűen Működő Részvénytársaság (hereinafter referred to as: “CodersRank”) to companies and other business entities (hereinafter referred to as: “Company”) through his website under www.codersrank.io (hereinafter referred to as: “Website”). The General Terms and Conditions of Services for natural person developers (hereinafter referred to as: “Developer”) are governed by a separate document.

The definition of Company shall also mean, include and extend to any natural person acting on behalf of the Company.

The Company is allowed to use the Website and the services only in compliance with this GTC and all applicable laws. By accessing and using the Website and the services, the Developer explicitly agree to comply with and be bound by this GTC (e.g. by ticking a checkbox).

  1. General data of CodersRank

CodersRank is a company incorporated under the laws of Hungary with the following data:

registration number: 09-10-000582;

registered by: Company Registry Court of Debrecen Regional Court;

seat: 4028 Debrecen, Kassai út 129;

tax number: 26313986-2-09;

represented by: Károly Paczári managing director;

contact data: info@codersrank.io

Data of hosting service provider:

name: Cloudways Ltd.

seat: 52 Springvale Pope Pius XII Street Mosta MST2653, Malta

contact data (telephone, email): +35635500106

  1. Company

The Company represents that he is duly incorporated, lawfully operates and competent to contract. The Company states and confirms, that he is signing up for the services in good faith, and to use them only for their intended purposes.

The Company represents that in the course of the use of the Website and the services, he acts lawfully and respects the rights and dignity of others, and has special regard to the good reputation of CodersRank.

  1. Service

CodersRank provides its services (hereinafter referred to as: “Service”) by electronic means on its Website. The Service provided to the Company is subject to a fee (hereinafter referred to as: “Service Fee”). In addition, the Company shall ensure the electronic devices and bear all costs incurred in relation to the access and use of the Service and the Website.

The main aim of the Service is to connect the Company and Developers, who search positions and professional offers by using the Service.

In order to use the Service, the Company shall select among different types of Service-subscriptions by ticking the appropriate checkbox, then shall provide his data and create his own professional account. The price and scope of available subscriptions is available here: https://codersrank.io/for-companies/#pricing.

The Company shall search and evaluate the professional profiles of Developers, and may contact the Developer on the basis of the settings of the Developer’s professional profile (see point 4.3.).

CodersRank neither provides any consultancy services regarding job opportunities, neither does it guarantee that the Company can contact or hire any Developers. CodersRank shall not provide any employment arrangement services (intermediary activity). All activities made to hire a professional shall be performed by the Developers and Company themselves, at their own risk and liability communicating directly with each other.

The use of the Website and its functionalities by the Developer or by the Company shall not be considered as CodersRank is his agent in any form or manner. Any disputes between the Developer and the Company (or other user) are to be resolved between the Developer and the Company (or other user) only, and CodersRank is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users.

  1. Using the Service
  • Subscription

In order to use the Service, the Company shall select and subscribe to the Service on the Website by ticking a checkbox. The subscription creates the contract between the Company and CodersRank, on the basis of the provisions of this GTC.

In the course of subscription, the Company shall create his account by providing his data (company name, seat/address, telephone number, tax number, LinkedIn, actual open positions; the name and email address of the contact persons).

On the basis of the data provided by the Company, CodersRank shall issue the invoice on the total Service Fee to be paid by the Company until the due date indicated in the invoice (generally [8] days from the date of issuance).

The Company creates his own username and password to log in the Website. The Company is solely responsible for maintaining the confidentiality of his password. The Company represents that he has all rights required to provide the information he has provided to the Website and his account, and represents that they are true and accurate. The Company is authorized to change the provided information at any time.

The Company is solely responsible for his acts on the Website including those conducted under the username assigned to him. The Company is responsible for all actions taken or content added through his account.

  • Find, evaluate and contact

The Company is entitled to search for a qualified and capable professional among the Developers on the basis of their profile available on the Website, for a definite period of time according to the type of the Company’s Service-subscription. The Company may carry out searches in the scope of professionals by optional filter settings, such as region, qualification, professional skills.

In order to find the appropriate candidate, the Company shall evaluate the professional skills and background of the Developer on the basis of the information available on the Developer’s profile, with special respect to the result of the evaluation process carried out by CodersRank. As a result of such evaluation the Developer gains points in the field of each technology (programming language) and a professional graph shall be placed in his profile – on the basis thereof the Developers can be easily compared to one another. The result of evaluation is updated every week automatically.

As a result of evaluating the available profiles on the Website, the Company may contact the Developer through the Website.

  • Developer’s profile

The Developer may any time set his user-status and profile as active, passive, not-interested or hidden, on the basis of the actual job-seeking level of the Developer.

Active user: means that the Developer seeks a new job and he is open for a new job opportunity, this profile is available to the Company.

Passive user: means that the Developer does not seek a job, but he is open for a job opportunity, this profile is available to the Company.

Not-interested user: means that the Developer does not seek a job, and he is not interested in job offers, this profile is not available to the Company.

Public profile: this profile is available to the Company.

Hidden profile: this profile is not available to the Company.

As reference to private works of the Developer, some software code details can be made available by the Developer as private code. According to the platform used by the Developer, only statistical data of the private work shall be available to CodersRank and the Company, or they are able to view code-details. The Developer is authorized to change the provided information at any time.

The profile of the Developer may be cancelled by the Developer at any time through the Website, without any prior notification. In case of cancellation all data and information provided in the profile shall be cancelled and cannot be restored.

  • Contact with the Developer

As the Company shall find a qualified professional, he shall examine the profile of the Developer (regarding the profile settings, see point 4.2.2.), and as a result of evaluating the available profiles on the Website, the Company may contact the Developer through the Website.

In case the Developer accepts such request and contacts the Company through the Website, the further contact details of the Developer shall be available to the Company. Then the consultations and negotiations shall be performed by and between the Developer and the Company themselves, on any platform they prefer.

  1. Payment

In case of non-instant payment: On the basis of data provided by the Company, CodersRank shall issue the invoice on the total Service Fee to be paid by the Company until the due date indicated in the invoice (generally [8] days from the date of issuance). The payment may be made electronically on the Website.

In case of delayed payment by the Company, CodersRank reserves the rights to charge an interest on all amounts due and unpaid after due date at the maximum rate permitted by applicable law until payment is received, and/or to terminate or suspend the account of the Company.

Any right of the Company to withhold payment or to set off any amounts, shall be explicitly excluded, unless such counterclaims are uncontested by CodersRank.

Force majeure shall not be an excuse to delay payments.

  1. Termination

The Company shall not terminate the subscription contract made for a definite period of time (for a quarter or a year). Contracts made for indefinite period of time may be terminated by the Company in writing, but not earlier as 3 months, with a termination period of 5 days prior to each quarter (3 months). In this case of termination, the Company and CodersRank shall allocate the Service Fee appropriately in a time-proportional manner.

If any action of the Company or materials posted by him on the Website are considered prohibited, CodersRank reserves the right to review such actions or content to determine in his sole and absolute discretion whether it violates this GTC. CodersRank reserves the right to take necessary legal actions against the Company who place prohibited content on the Website and in his account.

CodersRank reserves the right to terminate the access to the Website at any time, at his sole discretion. The Developer and the Company acknowledge CodersRank’s right to do so and waive any claim that arises from such termination.

  1. Liability

The Website and the Service are provided on an “as is” basis without warranties of any kind, either expressed or implied. CodersRank specifically disclaims all warranties, expressed or implied, including implied warranties of fitness for a particular purpose.

CodersRank takes no responsibility and assumes no liability for any content from Developer or Company, including links to web pages, that any Developer, Company or third party posts or transmits using the Website or the Service.

CodersRank is neither liable for the errors or defects of the electronic devices of the Developer or the Company, nor for the inappropriate Internet access.

While CodersRank works to protect the security of the profile of the Developer and the Company, CodersRank cannot guarantee that unauthorized third parties will not be able to circumvent his security measures. The Developer shall notify CodersRank immediately in the event of any compromise or unauthorized use of the profile of the Developer, or in case the Developer has any claim or complaint against CodersRank, at info@codersrank.io.

  1. Intellectual property

The Developer and the Company have the right to access and use of the Website and the Service in accordance with this GTC, and there are no other rights being granted to them by CodersRank.

All materials in the Website and the Service, including branding, trade names, logos, design, text, search results, graphics, images, pictures, page headers, graphics, icons, scripts, software, sound files and other files, and the selection, arrangement and compilation of information thereof (hereinafter referred to as: “Materials”), are the property of CodersRank, his suppliers, licensors or users and are protected by intellectual property laws, including copyright and trademark laws. The Materials cannot be copied, imitated, or used, in whole or in part, without the prior written consent of CodersRank.

  1. Confidentiality

The Developer, the Company and CodersRank shall maintain the confidentiality of all information on the business operation and trade secrets of the others, except that information may be disclosed and made available to the users of the Website and the Service, with respect to point 4.2.2.

The foregoing shall not be applicable to any information that is publicly available when provided or which thereafter becomes publicly available or which is required to be disclosed by any regulatory authority in the lawful and appropriate exercise of its jurisdiction over the Developer or the Company and CodersRank, or by applicable law or regulation.

This point 9 shall survive the termination of this GTC and the contract between the Developer or the Company and CodersRank for any reason.

  1. Modification

CodersRank reserves the right to modify or discontinue (completely or in part) the Website, the Service, or any content appearing therein. CodersRank will not be liable if CodersRank exercises this right.

CodersRank reserves the right to change or modify this GTC at any time and at his sole discretion. Any changes or modification will be effective immediately upon posting the updated GTC on the Website. The continued use of the Website or Service by the Developer or the Company following the posting of changes or modifications will confirm the acceptance of such changes or modifications.

  1. Miscellaneous

The Company and CodersRank are entitled to mutually agree on specific contractual conditions fully or partially derived from the provisions of this GTC or other policies of CodersRank.

The language of the Website and the contract between the Company and CodersRank is English. The contract is made by electronic means and shall not be considered as a written contract and shall not be filed by CodersRank. CodersRank does not apply any sort of code of conduct.

If CodersRanks fails to exercise or enforce any right or provision of this GTC, such failure will not be deemed to be a waiver of such right or provision.

CodersRank may assign his rights and duties under this GTC without any notice to the Developer or the Company.

If any provision of this GTC is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of this GTC remain in full force and effect.

This GTC is governed by the laws of Hungary. Any and all legal relationships arising out of or in connection with the Website and the Service and their use are governed by the laws of Hungary. The disputes between the Company and CodersRank shall be settled amicably. In case the mutual agreement cannot be reached, all disputes shall be decided by the competent court of Hungary with jurisdiction over CodersRank’s registered seat.

Date: 2020.11.01.

CodersRank Zrt.