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Business  & Services Terms & Conditions

 

Business and Services Terms and Conditions 

 

Introduction

The following document represents the general terms and conditions of the company Tintto EST OÜ. (hereinafter “tintto” or “the company” or “company”), the company’s platform (hereinafter “Website” or “Platform”) available at the public domain, available at “https://www.tintto.co” and that of the services offered by Tintto.

 

The information presented below represents the valid terms of conditions as of the present day. It is important to affirm that the general terms and conditions can be updated or changed by Tintto at any time. Although changes in the general terms and conditions are communicated via email and the platform, it is advised that users and partners revise on a regular basis the updated version available here. 

 

Tintto offers a self registration process available at the platform under the link “www.tintto.co/signup”. By completing the registration process and clicking on “accept”, you are providing the following declarations:

 

(1)You have read and understand these terms of service and agree to be bound by them;

 

(2) You are of the necessary minimum age to conclude any contract or agreement with Tintto;

 

(3) you are authorised in legal capacity to conclude a contract in a personal capacity or on behalf of the company being registered at the time of the registration.

 

If you do not agree to be bound by these terms of service, you may not access the service.

 

 

Tintto offers a Service (“Service”) which connects candidates and companies via the platform or Platform, https://www.tintto.co.

 

“Candidate” refers to any natural or legal entity which applies to register on the platform with a view to finding a new professional activity there.

 

“Company” refers to any natural or legal entity which applies to register on the platform in order to enter into contact with candidates.

 

“Referral Partners” refers to any natural or legal entities which applies to register on the platform in order to refer new candidates into the platform in exchange for paid incentives. 

Referral Partners interact with Tintto or with the companies via the platform.

 

Candidates and Companies and Referral Partners interact on the platform via their profiles on the platform.

 

“Profile” refers to content including information, files, photos, portfolios, links, etc. which are published by a candidate or a company in order to present themselves and to interact on the platform.

 

Part 1 - Terms and Conditions for Candidates

1. Description of the services

 

Tintto offers multiple services to Candidates including candidate profiles, candidate job matching system, candidate training and evaluation. 

 

Candidates can access the services offered by Tintto by registering on the platform and once they have been approved by Tintto in the completion of the registration.

 

The service allows the candidate to access the platform and create a profile by submitting the suggested information and files, which are securely stored by the company.

 

The service allows the candidate to set their profile live in order to be presented to companies interested in contacting and hiring candidates. In this manner, candidates will receive messages and or interview requests from companies to start a recruitment process of the candidate.

 

If the interview and evaluation process between a candidate and a company is successful, the company can arrange an offer letter, job offer or a contract to the candidate.

 

The agreement can take the form (1) of an internship agreement, (2) an employment contract or (3) a freelance, service or contractor agreement or (4) an agreement of another type intended to engage in a working relationship in which the candidate will perform work contributions in exchange for a paid remuneration.

 

The execution of either of these agreements establishes mutual obligations between the candidate and the company specified in such agreement, and also in relation to the agreements that involve Tintto.

 

2. Registration process

 

At the time of registration, the candidate is requested to create an account and complete their profile by indicating their personal information, studies, work experience, work expectations, compensation expectations and other suggested documents or links in relation to their personal and professional profile.

 

In order to ensure the reliability and functionality of the service, the candidate undertakes the responsibility to provide only the true, most accurate and up-to-date information with regards to their true identity, provided data and documents. It is also requested to never create more than one account on the platform.

 

Tintto reserves the rights to request the following from the candidate:

 

(1) Documents that proves the candidate’s identity.

 

(2) In the event that the candidate is acting via a legal entity, a commercial register extract or another register extract, no more than 30 days old, and a written power of attorney certificate which proves that the natural entity that performed the registration on behalf of the legal entity, is authorised for the registration.

 

In the event that such proof is not furnished, Tintto reserves the right to lock and/or to delete the candidate’s account.

 

Tintto may also contact the candidate via email or phone to evaluate the provided information for the registration to be approved.

 

Tintto reserves the right to accept or reject, at its discretion, registration requests on the platform, in particular after inspecting the information provided voluntarily about the respective user.

 

3. Contractual freedom of the candidate

 

A registration on the platform and access to the services do not establish any obligation for the candidate to accept an interview request or to conclude any type of agreement.

 

Only on the conclusion of an agreement between the candidate and a company will establish a mutual obligation. The conditions of the agreement (offered remuneration, term and type of employment) are can be freely specified by the candidate and the company without the need for Tintto to participate in this negotiation.

 

4. Transparency and duty to inform

 

Candidates that use the platform accept the following conditions in the event that an agreement is set in place with a company:

 

(1) to immediately inform Tintto and without intended delay of the date of signing the agreement, as well as to inform Tintto of any changes or updates in such agreement;

 

(2) to provide Tintto with a copy of the contract or proof of employment (offer letter, email) or to issue a confirmation between the candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term, etc.); and

 

(3) to immediately inform Tintto and without intended delay if you are no longer contractually bound to the company, after signing the employment contract, regardless of the reason, given the existing contractual relationship with Tintto.


 

Part 2 - Terms and Conditions for Companies

 

1. Registration process – how the service works

 

Companies are asked in the registration process on the platform to create an account and to complete their profile by indicating in particular the name of the applicant and the company, their commercial registration, tax identification number, their email address and further information about the company and their interested or open positions that the company is hiring.

 

In order to ensure the reliability and functionality of the service, companies undertake the responsibility to provide only the true, most accurate and up-to-date information with regards to their existence, its true identity and as well as not open more than one account on the platform.

 

If registration is carried out for a legal entity, the applicant must be authorised to do so by the legal entity.

 

After registration, Tintto verifies the company profile and may, if considered necessary, request any document that enables Tintto to verify whether the information indicated in the profile is true and valid. If the company does not respond to such a request from Tintto, this can justify the registration being rejected. Tintto reserves the right to accept or reject requests for registration on the platform at its own discretion.

 

After registering and completing the company profile, the service enables access and viewing of candidate profiles online on the platform. Candidate profiles can also be requested and viewed via email. Companies can then send messages and interview requests to candidates. Any interview request must contain the type of intended agreement such as internship, employment contract, service contract, a job description and the proposed remuneration.

 

The company undertakes to communicate with the candidate only via the platform until the candidate accepts an interview request. If the candidate is interested in the interview request and accepts it, the recruitment process begins, which may include one or a number of interviews, irrespective of whether they are carried out in person or remotely.

 

From acceptance, candidates and companies have the option of using other communication methods.

 

Only the conclusion of an agreement between the company and a candidate establishes mutual obligations; the information must then be sent to Tintto and the fees according to section 3 of these general terms and conditions should be paid to Tintto.

 

The conditions of the agreement (remuneration, term and type of employment) between the candidate and the company are freely negotiated by them without the need for Tintto to participate in these negotiations.

 

If the candidate is hired, the company itself is responsible for initiating all formal steps required in relation to the employment of the candidate.

 

In particular, the company must verify the candidate’s nationality and, if necessary, the need for a valid working permit. Furthermore, the company may be required to carry out a medical pre-examination if this is legally prescribed and to register the employment of the candidate. To do so, the company can make use of Tintto’s other services for candidate evaluation, hiring, payroll or employee benefits described in the following sections.

 

The company undertakes the responsibility of not misusing the using the platform to find a candidate and reach an agreement independently of Tintto’s service, whether this is aimed at avoiding paying the fees to Tintto or for other reasons.

 

If the above circumvention ban is breached, the company is liable for the payment of additional fees, as provided for in part 1, section 3 of the general terms and conditions.

 

Furthermore, the company undertakes the responsibility of not disclosing to third parties or publicising the names and identities of candidates whose profiles were disclosed during the personnel procurement process and to take the necessary physical, technical and administrative measures (GDPR-appropriate technical and organisational measures) to protect the content received via the platform from loss, misuse, unauthorised access, disclosure, alteration or destruction.

 

2. Company’s duty to inform

 

Companies which use the platform agree to the following conditions in the event that an employment contract, a service or subcontractor agreement or another type of agreement is concluded with a candidate with either a fixed or indefinite period:

 

(1) to immediately inform Tintto and without intended delay of the date of signing the agreement, and to inform Tintto of any updates or changes;

 

(1) to provide Tintto with a copy of the contract or proof of employment (letter, email) or to issue a confirmation between the candidate and the company detailing the most important conditions of the concluded contract (remuneration / fees, term etc.); and

 

(iii) to immediately inform Tintto and without intended delay, if after signing the employment contract, regardless of the reason, you are no longer contractually bound to the candidate, given there is a contractual relationship with Tintto.

 

3. Fees of the service

 

Upon acceptance of these general terms and conditions, the company undertakes to pay Tintto the fees under these general terms and conditions.

 

Tintto reserves the right to change its rates and billing methods at any time after these terms of service have been updated and the users of the platform informed by email.

 

3.1 Liability for fees

 

The fees for Tintto’s service are to be paid in full by the company in the following cases:

 

a) if a candidate who has been identified using Tintto’s platform concludes an employment contract, an internship agreement, a service or subcontractor agreement or another type of agreement intended to regulate the fulfilment of a task for payment of remuneration within twelve (12) months following his or her last exchange with the company on the platform;

b) if the company introduces the candidate within twelve (12) months of the last exchange to another person/company and the candidate is subsequently hired, irrespective of whether it is a third party or whether or not it is affiliated with its company; or

c) if a candidate presented via Tintto is not selected by the company or the contract offer submitted by the company is not accepted and then said candidate enters into business relationships with the company for such or another task within twelve (12) months following the last exchange on the platform, whether it is through an employment contract, a service or subcontractor agreement, an internship agreement or another type of agreement intended to regulate a service of any type rendered by the candidate for compensation.

 

In any case, aside from in exceptional cases as indicated below, the company must pay the fees for Tintto’s service, irrespective of whether or not a probation period is agreed upon.

 

3.2 Amount and conditions of payment of the fees for the service

 

Tintto’s invoices are due with the beginning of the employment relationship; the invoice amount is calculated according to the type of contract concluded, and the billing method selected by the company.

 

Any objection by a company to the billing of service fees must be sent to Tintto in writing, providing reasons, by registered letter with confirmation of receipt within fourteen (14) days of the invoice being issued.

 

Alternatively, a reasonable period is agreed. In the absence of such an objection, the company is deemed to have accepted the issued invoice.

3.2.1 Conclusion of an employment contract between candidate and company

 

‍The fees of Tintto’s service are calculated on the basis of a percentage rate of the gross annual remuneration of the candidate.

 

The gross annual remuneration is based on the fixed gross annual remuneration, the entire variable remuneration proportion and on bonuses, annual bonuses or other benefits, which are considered parts of the candidate’s wage.

 

The company has the option of selecting from the two billing methods described below:

 

Option 1: Payment without deduction – 15% of the gross annual remuneration

The company pays an amount of 15% of the annual gross remuneration indicated in the employment contract of the hired candidate plus VAT which is immediately due on the day when the candidate joins the company.

The corresponding invoice is to be paid immediately by bank transfer or direct debit after the employment relationship begins.

Option 2: Monthly payment – 3% of the gross annual remuneration for 6 months.

The company pays fees of 3% of the gross annual remuneration of the recruited candidate monthly for a period of 6 consecutive months.

 

The first payment must take place by guaranteed direct debit on the day when the candidate joins the company. Any further payment takes place by guaranteed direct debit, once a month, and on a fixed date previously specified by Tintto, for six months.

 

The company can select this option only on the condition that it issues Tintto with a direct debit authorisation as is required to set up direct debits for monthly payments. The company undertakes to inform Tintto in the event of a change in its postal address or bank details.

 

If the direct debit authorisation is not provided, the ancillary fees under Option 1 are immediately due.

 

As soon as Tintto becomes aware that an agreement has been concluded with the candidate, the company receives an email with a link to a survey by means of which it can fill out its data and invoicing options.

 

If this information has been provided and the contract documentation mentioned in part 3 of section 2 of these general terms and conditions has been provided, the company will receive an email with a summary of the following points: The gross annual remuneration of the candidate, the selected billing method, the date on which the candidate started in the company, and the percentage rate of the gross annual remuneration which represents the fees for Tintto’s service.

 

The company is required to confirm the accuracy of this information within 14 days by clicking on the “I confirm” button included in this email.

 

If Tintto does not receive a reply to this email within 14 days, the points mentioned in the email are deemed to be correct and confirmed by the company. A subsequent change in the information for invoicing is no longer possible from this time.

 

If the designated email is not answered within 14 days, Tintto will automatically issue an invoice according to the information available without there being the option to make changes on the part of the company. The service fees under Option 1 are due immediately as standard.

 

3.2.2 Conclusion of an internship agreement between candidate and company

 

Where an internship agreement is concluded between the candidate and the company, Tintto’s fees are set as follows:

 

- payment to Tintto of €1,000.00 plus VAT at the beginning of the internship agreement between the candidate and the company;

 

- further payment to Tintto of €3,000.00 plus VAT in the event that within three (3) months of the internship agreement lapsing, an employment contract, a service or subcontractor agreement or another type of agreement is concluded with a view to rendering services for compensation.

 

3.2.3 Conclusion of a services or contractor agreement between candidate and company or another agreement intended to regulate work or service for compensation

 

‍The fees of Tintto’s service are calculated as the 20% of the total amount (net) calculated of the invoiced remuneration plus tax as part of the contract concluded between the company and the candidate.

 

If an unlimited variable fee amount is contained in the agreement, the company takes the responsibility to provide this information to Tintto, so that Tintto can propose a reasonable agreement in regards to the commission. In the case of any doubt, a minimum fee per day of €800.00 net is deemed as notionally agreed with the candidate, from which Tintto’s fees are to be calculated.

 

If the agreement concluded by the applicant and company is extended, or if it is followed by an employment contract, a services or contractor agreement, an internship agreement or an agreement intended to regulate the rendering of a service by the candidate for compensation, Tintto’s fees must also be paid as part of this new contract according to these terms of service.

 

Invoicing

 

For the purposes of invoicing according to point 3.2.3, the candidate must visit the platform available at the link: “www.tintto.co” once per month to fill out a working hours record in which they truthfully indicate the days worked for the company and gives information about the type of the services performed.

 

This timesheet is then submitted to the company for confirmation. The confirmation must be given to Tintto within a period of at most 7 days following receipt. If confirmation is not given within this period, the timesheet submitted by the candidate is deemed as unreservedly accepted by the company.

 

Two invoices, one with the candidate’s fee, the other with Tintto’s fees, are then issued by Tintto or by Tintto for the candidate. These invoices are sent by email to the address indicated by the company.

 

Payment conditions

 

The fees of Tintto’s service must be paid by direct debit. To this end, the company provides a direct debit authorisation by means of which Tintto receives the required authority to debit the amounts owed

 

Payment takes place as follows:

 

- The company pays by direct debit, via an external payment service set up by Tintto, an amount equal to the total amount of (i) the invoice for the remuneration of the candidate and (ii) the invoice for Tintto’s fees.

 

- The payment provider automatically withdraws from the above-mentioned sum (i) the amount of the fees owed by the company to Tintto.

 

- The payment provider transfers to the candidate (i) the amount of the remuneration invoiced to the company.

 

Special case: Differences of opinion about fees within the framework of a service or subcontractor agreement.

 

Any difference of opinion between the candidate and the company about the amount of the remuneration owed to the candidate and/or the number of days worked by the candidate, which are indicated by the candidate in the timesheet, leads to the candidate and the company having to adhere to the following procedures:

 

- within three working days following the first occurrence of a difference of opinion, candidate and company send each other by email the reasons for their differences of opinion and all available proof for their respective viewpoints;

 

- if, after this three-day period, an agreement has not been reached, the candidate and company each appoint a representative and agree to contact one another in person or by telephone via these representatives in order to find an amicable agreement within three further working days;

 

- at the end of this period, the candidate and company will communicate the outcome of their amicable agreement to Tintto;

 

in the event of persistent differences of opinion, the candidate and company will resolve their disputes directly with one another in accordance with the procedure(s) of their choice and will inform Tintto of the outcome of this within a reasonable period.

 

In order to limit the financial consequences of such differences of opinion, it is hereby expressly agreed that the undisputed portion of the fees (that on which candidate and company agree) be collected by the payment provider as well as Tintto’s associated fees, as soon as there is an invoice from Tintto for this undisputed portion.

 

If for example a candidate claims to have rendered a service for 20 days, but the company believes that only 17 days have been worked, the undisputed portion of the fees is 17 days of work and Tintto’s associated fees will be collected immediately by the payment provider in accordance with the conditions specified in these general terms and conditions.

 

Tintto will wait on the outcome of the above described settlement procedure before issuing an invoice for the disputed period. In the event that an amicable agreement is not reached between candidate and company within a reasonable period, Tintto has the right, in the case of doubt, to apply a minimum fee per day of €800.00 net deemed as notionally agreed with the candidate, from which Tintto’s fees are to be calculated.

 

3.3 Disputes

 

Any objection by a company to the billing of service fees must be sent to Tintto in writing and justified within fourteen (14) days of the invoice being issued by registered letter with confirmation of receipt. Alternatively, a reasonable period is agreed. In the absence of such an objection, the company is deemed to have accepted the issued invoice.

 

3.4 Payment default

 

Tintto’s invoices are due immediately following receipt.

 

In the event of non-payment within thirty (30) days, the amounts owed will automatically and without prior request be charged interest at a rate of 9% points above the respectively applicable base interest rate.

 

Any amount still not paid on the due date will result in a flat-rate compensation amount of €40.00 automatically having to be paid to Tintto. According to Section 288 BGB [German Civil Code], Tintto is entitled to demand, subject to proof, an additional compensation amount if the recovery fees incurred exceed the amount of the flat-rate compensation amount.

 

Tintto is entitled in such case to lock the company’s account until the owed amount has been paid.

 

4.  Special cases

 

4.1 Undisclosed conditions of the employment contract

 

If the company does not inform Tintto within fourteen (14) days after the first of the two following dates about the recruitment of an applicant registered on the platform:

 

– date of the signature of the contract

 

or

 

– date on which the candidate joins the company (employment contract or internship agreement) or date of the start of the services rendered by the candidate (service or subcontractor agreement)

 

Tintto will invoice the company for fees of up to €20,000.00, wherein this amount is due immediately from the day on which the candidate joins the company. The fees in this case are set at the discretion of Tintto. Tintto is entitled in such case to lock or delete the company’s account.

 

4.2 Undisclosed conditions of the service or subcontractor agreement

 

If the company does not inform Tintto within fourteen (14) days after the first of the two following dates about the recruitment of a candidate registered on the platform:

 

– date of the signature of a working contract agreement

 

– date on which the candidate joins the company (employment contract or internship agreement) or date of the start of the services offered by the candidate (service or contractor agreement)

 

the company is required to pay Tintto the invoice amount for the service contracts according to point 3.2.3 on the basis of a candidate fee of €2,000.00 per day. In the absence of any proof provided by the company about the number of days worked by the applicant per month, the total number of working days in the month will be used as the basis.

 

Tintto is entitled in such case to lock or delete the company’s account.

 

4.3 The candidate is already known to the company.

 

In the event that a candidate is already known by a company, the following terms and conditions follow. If a company can prove that it started a process with a candidate three months before the first date in which the company gained knowledge of the profile of the candidate in question on the platform (as described below and excluding other definitions or circumstances), the company will be released from the obligation of payment of Tintto’s fees.

 

An active process is deemed to exist subject to proof by the company:

 

(1) that it knew the candidate in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the platform (or was requested by them);

 

(2) that the candidate responded positively to the company’s request (or that the company responded positively to the candidate’s application);

 

(3) and that at the time when the company gained knowledge of the profile of the candidate in question on the platform, there was still a negotiation in process between the candidate and the company.

 

If one of these conditions (1, 2, 3) is lacking or did not occur in the three months prior to the date on which the company gained knowledge of the profile of the candidate in question on the platform, Tintto’s fees must be paid in accordance with the conditions specified in these general terms and conditions.

 

The company hereby acknowledges that in any other case whereby a candidate is recruited via the platform, the fees must be paid to Tintto.

4.4 Introductions and introductions to third parties.


Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of Tintto’s Introduction of the Candidate to the Client, then the Client will be liable to Tintto for payment of a Recruitment Fee in accordance with Appendix 1. The Client shall not be entitled to a refund of the Recruitment Fee under clause 4.12 in any circumstances.

 

5.  Tintto’s guarantees

 

If the candidate and the company concluded an employment contract, but are no longer contractually bound to one another within three (3) or six (6) months following the recruitment date of the candidate, irrespective of whether or not it concerns the ending of a probation period, the company must inform Tintto immediately.

 

The company has the following options in such a case:

 

– If the company has opted for Option No. 1 (payment without deduction): a discount on the future recruitment of a further candidate. This is valid 12 months from the last day on which the outgoing candidate has worked. The amount of the discount corresponds to 100% for three (3) months and 50% for six (6) months, of the sum of the fees paid for the recruitment of the outgoing candidate. If, within these 12 months, there is no recruitment, the discount is lost and under no circumstances will this lead to a reimbursement for the company;

 

– If the company selected Option No. 2 (monthly payment): the suspensions of the direct debits in the month which follows the day on which Tintto is informed about the actual departure of the applicant from the company (without reimbursement of the fees already paid). Both cases, i.e. the granting of a discount or the suspension of direct debits are subject to the following conditions:

 

– providing a document to Tintto that confirms the departure of the candidate from the company (termination letter, deregistering from social security);

 

– payment of all fees to be paid by the company in compliance with these general terms and conditions;

 

– the company notifying Tintto within 14 days following termination in writing (registered letter or email) of the ending of the employment contract, wherein the term “termination” refers to the date of notice regarding the ending of the employment contract and not to the last day on which the candidate worked;

 

– that the candidate did not conclude a service or subcontractor agreement, an internship agreement or another agreement concerning the rendering of a service for compensation with the company, one of its subsidiaries or with another group company;

 

– that the reason for the termination relates exclusively to the qualifications, qualities, or the behaviour of the candidate;

 

– that the candidate was not dismissed by the company for economic reasons;

 

– that the candidate was not dismissed because the internal strategy of the company was realigned, which justifies new requirements for the post in question; Exempted from the guarantee is the early termination of an internship agreement.

 

Part 3 -  Terms and conditions for Referral Partners

 

1. Referral Partners

 

“Referral Partners” refers to any natural or legal entities which applies to register on the platform in order to refer new candidates into the platform for the incentives and fees described in section 3.

 

Companies registered on the platform can act as Referral Partners by effectively referring new candidates. 

 

Other independent entities that apply to register on the platform can also act exclusively as referral 

 

2. How Referral Partners Work

In the event that an employment contract, a service or subcontractor agreement or another type of agreement is concluded with a candidate as described in part 1, section 3 of these general terms and conditions. 

 

3. Fees and incentives for Referral Partners

Referral Partners are incentivised to refer new candidates, as they will receive a commission fee upon a successful hire of a candidate the Referral Partner referred.

 

A Referral Partner will earn a commission of €1000.00 on the event that one of the referred candidates engages in a contractual agreement with one of the companies registered on the platform. 

 

The fee will be paid upon the reception of the payment made by the company to Tintto for the payment of the service provided by Tintto as described in part 2, section 3 of these terms and conditions and also in respect with the options of payment of Tintto’s fees part 2, section 3.2.1.

 

4. Candidates already registered in the platform 

 

In the event that a candidate is already registered in the platform, the following terms and conditions follow. If a candidate referred by a Referral Partner is already registered in the platform, Tintto will not link the referred candidate to the Referral Partner. Thus, there will not be any obligation of payment of referral fees of such candidate and a company providing a contractual work agreement on the platform.

 

‍PART 4 – Terms and conditions for the users

 

1.  Content published by users

 

The users of the platform are prohibited from publishing content that does not meet the applicable legal regulations, in particular (but not limited to) the following:

 

- All content that 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 encourages illegal activity.

 

- All content that infringes upon the intellectual property rights of another person.

 

- All content that is inaccurate or false, in particular in relation to the identity of the users and their academic and professional qualifications.

 

If Tintto is informed or believes that a User of the platform or content violates applicable law or these general terms and conditions, Tintto reserves the right to wholly or partially delete the profile in question or the content in question and/or lock or delete the User’s account and/or remove disputed content without prior notice.

 

Users are invited to message Tintto if they believe that an interview request, a profile, a message or other visible content on the platform is obviously unlawful or violates these general terms and conditions by sending a message to the following address: contact@Tintto.co.

 

2.  Use of the platform

 

Users are required to use the platform without damaging the platform and without overriding the offered functions. In particular, they hereby undertake:

 

- Not to violate the requirements, procedures, guidelines or regulations of the third-party services used by the platform.

 

- Not to copy, disseminate or share any part of the platform by any means.

 

- Not to download, publish, transfer or disseminate any media containing viruses or other computer codes, files or programs which are aimed at interrupting, impeding or limiting the proper functioning of software, material or other devices in relation to telecommunications; not to bring about any impairment to the operation of the platform or its servers;.

 

- Not to override user rights, e.g. by attempting to use tools to which you do not have access or by deleting, adding or changing content on the platform.

 

- Not to imitate or copy the identity of a candidate, company or another person associated with Tintto.

 

- Not to sell or transfer your account to third parties.

 

- Not to disclose your password to third parties.

 

- Not to use any practices which could resemble spam or would not be fair, such as e.g. the promotion of a platform using fake links or the promotion of your own platform or your own company by publishing advertisements on your profile.

 

3. Locking of the account – termination

 

3.1 Tintto’s rights

 

Tintto reserves the right to suspend or delete the access to the account or to the service until full payment of the amounts owed, in the event of non-payment by the company of one of the invoices issued by Tintto.

 

Tintto reserves the right, in the event of a violation by a User of one of their obligations mentioned in these general terms and conditions, to suspend or delete his or her account and the possibility of using the service at any time automatically and without legal clarification, after a request has been sent to the User by email or post, to which there is no reply within eight (8) calendar days following receipt.

 

3.2 Users’ rights

 

If users no longer wish to use the platform and Tintto’s service, they can request the deletion of their account at any time.

 

3.3 Legal consequences of termination

 

Termination leads to the immediate deletion of all content sent by a User to Tintto, provided Tintto does not still also require the content to process the contract with the respective company without this forming the basis of a claim by the User.

 

Irrespective of such termination, the provisions of these general terms and conditions continue to apply for the period prior to termination.

 

4.  Tintto’s duties

 

4.1 Accuracy of the information provided by the users

 

Although Tintto thoroughly reviews the content published by the users and reserves the right to verify, change, suspend or delete accounts associated with a profile containing inaccurate information without prior notice, Tintto does not guarantee the accuracy of this content and information.

 

In particular, Tintto by no means guarantees that it carries out an investigation into the experience claimed by the applicant or the information and content provided.

 

Tintto cannot be held liable on the basis of information and content which could prove false or unlawful.

 

It is therefore incumbent on the companies alone if they wish to carry out an investigation or undertake all reasonable efforts to verify the qualities, experience and references of the candidates.

 

4.2 Use of third-party services

 

The platform allows content from third party services to be published and displayed. Tintto assumes no responsibility for such content with respect to users or third parties.

 

4.3 No guarantee from Tintto

 

Tintto is not responsible for the conclusion of agreements between candidates and companies.

 

Any exchange and any commitment to conclude an agreement which may be signed between a company and a candidate is the sole responsibility of these parties and excludes Tintto’s responsibility.

 

In general, Tintto cannot be held liable for direct or indirect damage resulting from communications, interactions, relationships, agreements or disputes between the candidate and the company. In particular, Tintto cannot be held liable if the company and the candidate do not fulfil the agreement, fulfil it poorly or end it, irrespective of whether or not Tintto receives fees as part of the agreement.  

 

In cases where the agreement concluded between the applicant and the company is a service or subcontractor agreement or an agreement intended to regulate the fulfilment of a task for payment of remuneration, which is not an employment contract, the candidate bears the sole responsibility for any damage which he/she may cause to the company as part of the fulfilment of his/her task. If necessary, the company can ask the candidate to conclude a contract with an insurance company known to be solvent in order to cover all damages that he/she could cause as part of the fulfilment of his/her activities.  

 

4.4 Availability of the service

 

Tintto reserves the right, for any reason whatsoever, in particular taking into account technical and computer and/or telecommunication and/or maintenance-related difficulties and/or restrictions and cases of force majeure, at any time, and, if necessary, without prior notice, to interrupt access to the platform, to end or to change the functions of use of the platform wherein it is not possible to hold Tintto responsible for the consequences of such interruptions or changes.

 

In general, Tintto reserves the right to make changes of any type to the content of the platform.

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