TERMS AND CONDITIONS FOR EMPLOYERS
Last updated: 16 February 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Candidate” means any person introduced by the Company to the Client for an Engagement.
- “Client” means any person, firm or company including any associates or subsidiaries to whom a Candidate is introduced.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to WorkinSpain, a business located in Spain whose registered office is at Monteclaro 1, La Manga Club, Murcia 30389 Spain.
- “Confidential Information” means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential.
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Country” refers to: Spain
- “Database” means the database of candidates suitable to your specific requirements.
- “Device” means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
- “Engagement” means any employment, engagement or use by a Client of a Candidate whether part or full time, with or without a contract.
- “Fixed Fee” means the one-off payment of a fee in full and final settlement of the individual introduction carried out for any single employment role.
- “Introduction” an introduction will be deemed to have taken place where the Company has provided a Client with any information concerning a Candidate, or where a Client interviews a Candidate following an instruction from a Client to locate a Candidate.
- “Introduction Fee” means the fee payable by the Client to the Company in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate.
- “Service” means the employment Company services provided by the Company to the Client as set out in these Terms and Conditions.
- “Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company to You.
- “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to WorkinSpain, accessible from https://www.workinspain.es
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. The Client Employer Terms
- 1.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
- 1.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
- 1.3 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
2. The Contract
- 2.1 Any and all business entered into by the Company is subject to these Terms and Conditions and in the event of any conflict with any other terms and conditions these Terms and Conditions shall prevail unless agreed otherwise in writing.
- 2.2 No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing.
- 2.3 The Introduction of a Candidate or Engagement of a Candidate, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms by the Client.
3. Vacancies and Advertisements
- 3.1 The Company shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to the Company at any time, for any reason and without giving prior notice to the Client.
- 3.2 If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of age disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation, it will be declined unless the vacancy is exempted from such.
- 3.3 Vacancy advertisements shall remain open to prospective Candidates for a period of 6 months or otherwise as agreed between the Company and the Client.
4. The Company’s Obligations
- 4.1 The Company shall endeavour to find suitable and willing Candidates to fill such vacancies as are notified to the Company by the Client or to notify the Client if the Company believes it is unable to assist with the Client’s requirements.
- 4.2 The Company shall endeavour to ensure that all Candidates introduced to the Client have the experience and qualifications which are required by the Client, by law, for the position(s) that the Client wishes to fill, and shall also endeavour to verify the identity of Candidates prior to introducing them to the Client.
- 4.3 The Company shall endeavour to take all reasonable steps to ensure that Clients and Candidates are aware of any requirements imposed by law or any professional body on the vacancy / vacancies that the Client seeks to fill.
- 4.4 The Company shall endeavour to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Candidate to work in the position which the Client seeks to fill.
- 4.5 The Company cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.
- 4.6 Within the first 2 weeks of employment, should the Candidate not be suitable for the role and this lack of suitability should be due to the actions of the Company for whatever reason, the Company from time-to-time may agree to find an alternative Candidate for the Client at the discounted rate of 50% and at a discretionary basis on the part of the Company.
5. The Client’s Obligations
- 5.1 The Client shall provide to the Company all information which is reasonably required for the Company to provide the Services prior to the Company conducting any type of search or providing any Candidate information. The Client shall use its best endeavours to ensure that such information is complete, accurate and up-to-date.
- 5.2 The Client must provide the Company with details of the vacancies that the Client wishes to fill, which must include the type of work required, the date of commencement, the duration, the hours, rates of pay and location as well as the training, qualifications and other authorisations required by law, the Client and any professional body for the position(s).
- 5.3 The Client warrants that it shall immediately inform the Company if the Client believes that it is aware of the identity of the Candidate other than via information supplied by the Company. The Client agrees that it will be deemed not to have been aware of the identity of the Candidate prior to the Company’s provision of the information relating to the Candidate’s identity if the Client fails to provide such a notice in writing within 24 hours.
- 5.4 The Client acknowledges that the Company is under no obligation to provide the Services until all required information has been provided by the Client in accordance with sub-Clause 5.1.
- 5.5 The Client shall inform the Company immediately in the event that any relevant information changes following the submission of that information to the Company.
- 5.6 Subject to the provisions of sub-Clauses 4.3 and 4.8, the Company shall not verify or otherwise check any Candidate details, howsoever they may be provided to the Client.
- 5.7 It shall be the sole responsibility of the Client to ensure that Candidates are suitable for the relevant vacancies and to obtain any references required.
- 5.8 It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits).
- 5.9 It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.
- 5.10 The Client must notify the Company immediately of any offer of an Engagement that it makes to a Candidate.
- 5.11 The Client must notify the Company immediately of the acceptance by a Candidate of any offer of Engagement that is made to that Candidate.
- 5.12 Notwithstanding sub-Clauses 4.1 and 4.6 above the Client must satisfy itself as to the suitability of a Candidate for any vacancy, and the Client must be responsible for taking up references and checking the validity of qualifications.
- 5.13 The Client is responsible for payment of remuneration to the Candidate.
6. Fees and Payment
- 6.1 You are required to provide the Company with accurate and complete billing information including full name, address, and company CIF number.
- 6.1.1 If you have opted to use our Subscription service, you are required to pay your invoice upon receipt and before you will be entitled to access the database.
- 6.1.2 Where the Subscription service has not been used and we have assisted in the placement of any Candidate into a specific role, a one-off introductory fee will become due. You are required within 14 days of receiving our invoice to make payment to the Company. The Introductory Fee Structure is found in Schedule A of to these Terms and Conditions.
- 6.2 In some cases, the Company will request from the Client, a non-refundable upfront retainer fee. Where required this will amount to 25% of the Introduction Fee and which will be deducted from the full amount of any invoice issued by the Company. This will not be requested if you have opted to use the Subscription service.
- 6.3 The Client will not be liable for any Introduction Fee until a Candidate commences an engagement when the Company will render an invoice to the Client.
- 6.4 The Client must pay the Company’s Introduction Fees within 14 days of receiving the invoice.
- 6.5 The Company reserves the right to charge interest at the rate of 5% per annum on any invoiced Introduction Fees that remain unpaid by the Client from the due date to the date of payment.
- 6.6 Where a Client has made an offer of Engagement to a Candidate but withdraws it before the Candidate commences the Engagement the Client must pay the Company the amount contained in the Introductory Fee Structure in Schedule A to this Terms and Conditions.
- 6.7 The Company, in its sole discretion and at any time, may modify its fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
- 6.8 The Company will provide you with reasonable prior notice of any change in any of its fees.
- 6.9 Except when required by law, fees are non-refundable.
- 6.10 Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
- 7.1 Each Party undertakes that, except as provided by sub-Clause 7.2 or as authorised in writing by the other Party, it shall, at all times:
- 7.1.1 keep confidential all Confidential Information;
- 7.1.2 not disclose any Confidential Information to any other party;
- 7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions; and
- 7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information.
- 7.2 Either Party may disclose any Confidential Information to:
- 7.2.1 any sub-contractor or supplier of that Party;
- 7.2.2 any governmental or other authority or regulatory body; or
- 7.2.3 any employee or officer of that Party or of any of the aforementioned persons;
to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 7.2.2 above or any authorised employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
- 7.2.4 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
- 7.3 The provisions of this Clause 7 shall continue in force in accordance with their terms, notwithstanding the termination of these Terms and Conditions for any reason.
8. Data Protection
- 8.1 In this Clause 8: “Data Protection Legislation” means all applicable legislation in force from time to time applicable to data protection and privacy.
- 8.2 All personal data that either Company or the Client (“First Party”) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either the Company or the Client (“Other Party”) and the rights under the Data Protection Legislation of any third party.
9. Subscription Services
- 9.1 The Service is available with a paid Subscription. This service allows you limited access to the Database. In the Database the Company will assign all existing suitable candidates to you immediately and subsequently assign new candidates to your folder as they become available. Candidate will also be able to apply directly to your posting. Through your portal, you will be able to view the CV and contact details of the candidate.
- 9.2 When using this service, you acknowledge that it is your responsibility to contact the candidates directly and arrange the interview process.
- 9.3 You acknowledge that the Company will not be liable for candidates that are not available or do not attend the interview process.
- 9.4 After selecting the length of your Subscription service, you will be billed in advance, depending on the type of Subscription plan you select when purchasing the Subscription. The fees for the Subscription Service are outlined below in Schedule A.
- 9.5 At the end of each subscription period, your Subscription will automatically expire. You will no longer have access to the database, and you will no longer be charged, unless you choose to reinstate the Subscription service.
10. User Accounts
- 10.1 In order to provide you with access to the Database of WorkinSpain you must provide to us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Our Service.
- 10.2 You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
- 10.3 You agree not to disclose your password to any third party. You must notify WorkinSpain immediately upon becoming aware of any breach of security or unauthorized use of your account.
11. Content – Your Right to Post Content
- 11.1 Our Service allows you to post Content. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
- 11.2 By posting content to the service, you grant WorkinSpain the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the service. You retain any and all of your rights to any content you submit, post or display on or through the service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the service, who may also use your content subject to these Terms.
- 11.3 You agree that when posting a job for Candidates to view you will include all relevant information about the role including but not limited to, the skills required in the Candidate, the location of the role, the hours of work, salary and any other relevant information.
- 11.4 You represent and warrant that: (i) the content is yours (You own it) or you have the right to use it and grant WorkinSpain the rights and license as provided in these Terms, and (ii) the posting of your content on or through the service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
12. Content Restrictions
- 12.1 The Company is not responsible for the content of the service’s users. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account.
- 12.2 You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
- 12.3 The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with this Terms, refuse or remove this content. The Company further reserves the right to make formatting and edits and change the manner of any content. The Company can also limit or revoke the use of the service if you post such objectionable content.
13. Intellectual Property
- 13.1 The service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
- 13.2 The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
- 13.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
- 14.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
- 14.2 Upon termination, your right to use the Service will cease immediately.
- 15.1 With the exception of death or personal injury or fraud, the Company shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client, howsoever caused or arising, as a result of the Introduction of a Candidate to the Client by the Company, the Engagement of a Client Introduced by the Company, the failure of the Company to Introduce any Candidate to the Client, or otherwise arising out of or in connection
16. Governing Law
- 16.1 The laws of Spain, excluding its conflicts of law rules, shall govern this Terms and your use of the Service.
17. Disputes Resolution
- 17.1 If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
18. Changes to These Terms and Conditions
- 18.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material. We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- 18.2 By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service and inform WorkinSpain.
- 19.1 The Client shall indemnify the Company against any costs, liability, damages, loss, claims or proceedings incurred directly or indirectly by the Company which may arise out of the Client’s use of the Services or out of any breach by the Client of any of these Terms and Conditions.
20. Force Majeure
- 20.1 Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of the Party in question.
- 21.1 Nothing in these Terms and Conditions shall create a partnership or Company or the relationship of employer and employee, or other relationship between the Company and the Client.
- 22.1 In the event that any part(s) of these Terms and Conditions or part thereof is declared to be invalid, unlawful, void or unenforceable then such terms or parts shall be severed and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent of the law.
23. Third Parties
- 23.1 No provision of these Terms and Conditions shall confer any benefit on or be enforceable by any person who is not a party to these Terms and Conditions.
24. Law and Jurisdiction
- 24.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Spain.
- 24.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of the jurisdiction of where the Company has its principal place of business.
Introductory Fee Structure
- Where the Company Service is a fixed fee basis, the fees of the Company are different in accordance with the business activity of the Client and are as follows:
- For Highly Educated Professionals, Doctors, Accountants and Lawyers, the fixed fee is 1 month’s gross salary + IVA;
- For Estate Agents, Administrators, Professional Service Providers the fixed fee is €750 + IVA per placement;
- For Bar, restaurant waiting roles and kitchen assistants the fixed fee is €500 + IVA.
- Any other roles not listed in this Schedule to be determined by the Company and communicated and agreed to the Client before engaging in such Employment filling.
- The Subscription Services will be charged at:
- € 300 + IVA per 30 days of Subscription
- € 700 + IVA per 90 days of Subscription
- € 1,000 + IVA per annual Subscription
If you have any questions about these Terms and Conditions, you can contact us:
- By email: email@example.com