This document sets out the Terms and Conditions ("Terms") on which Jobin Cloud Limited of Ground Floor, 71 Lower Baggot Street, Co. Dublin, Dublin, Ireland - D02 P593 ("Jobin Cloud") provides you or the business entity or other organization that you represent ("Customer") access to services through the jobin.cloud website ("Website"). Guest accounts are only exempt from creating an account on the Website, all Terms that apply to Customer also apply to guest accounts, User, and anyone using the Service.
If you do not accept these Terms, are below the age of 18, or are not acting on behalf of yourself or in your capacity as an employee or representative of a business entity or other organization, you will not be able to use the Website and the Services. These Terms may be subject to change and Customer will be accordingly advised to refer back to these Terms before making use of the Website and Services.
1.1 Jobin Cloud will undertake commercially reasonable efforts to ensure that the Website is available twenty-four hours a day, seven days a week.
1.2 Jobin Cloud will take commercially reasonable efforts to respond to Customer support requests within two business days.
1.3 Jobin Cloud retains the right to establish limits on use and storage on the Services as stated on Jobin Cloud's pricing policy or to ensure the stability, legality, availability, scalability, usability, commercial viability and responsiveness of the Service to the Customer and to other customers of Jobin Cloud.
2.1 The Customer warrants to provide current, complete, and accurate billing and account information to legally identify the Customer for all purchases made via the Website. The Customer is solely responsible if any billing details are inaccurate or untruthful.
2.2 The Customer is responsible in taking reasonable measures to protect account and billing details, including but not limited to maintaining confidentiality of credentials.
2.3 When VAT number is provided during purchase of any Jobin Cloud Services, the Customer shall be responsible for accurate payment of taxes, levies, or duties imposed by taxing authorities on that purchase.
2.4 Jobin Cloud does not claim that the Services may be lawfully used by all persons or in all Countries. Customer is responsible for verifying compliance with the laws and regulations of its jurisdiction(s).
2.5 Customer is responsible for obtaining or maintaining compatibility with any third party software or equipment, including but not limited to third party SMTP service providers.
2.6 Customer is responsible for any activity or operation they perform with the Service and any unlawful use of the Service or information obtained from the Service is strictly forbidden, including but not limited to: (i) attempting to impersonate another user or person; (ii) trick, defraud, or mislead anyone, especially in any attempt to learn sensitive account information such as user passwords; (iii) send unsolicited messages or emails with irrelevant, unrelated or pointless contents, or without a proper reason. (iv) harass, abuse, or harm another person.
"Subscription": purchase of Services from specific Service packages, for a specific workgroup, with a specific duration and a specific number of seats.
3.1 Access to certain Service packages, as shown on the Jobin Cloud pricing page, may require a purchase or payment of a fee. A valid credit card is required for the payment, unless explicitly agreed otherwise, or another payment methods is explicitly offered by Jobin Cloud.
3.2 When purchasing Subscriptions, Customer agrees to pay Jobin Cloud all charges or fees at the prices in effect at that time, and Customer authorizes Jobin Cloud to charge Customer's chosen payment provider for any such amounts upon making the purchase. If Customer's purchase is subject to renewal, then Customer consents to Jobin Cloud charging Customer's payment method on a recurring basis without requiring Customer's prior approval for each renewal, until Customer notifies Jobin Cloud to cancel the Subscription's automated renewal.
3.3 Subscriptions are bought either for a monthly or yearly period and renewed for the same duration as the previous Subscription: if the previous Subscription period was of 1 year, then the renewal will also be for a 1 year period, unless Customer notifies Jobin Cloud to cancel the Subscription's automated renewal.
3.4 In case of a change in pricing: different Services, or different base price (difference from discounts or tax are not taken into account); Jobin Cloud will notify the Customer with an option to stay with the previous Subscription's Services and prices, if no choice is taken by the Customer, the renewal will automatically renew the Subscription with the updated Services and prices.
3.5 Customer can cancel their automated Subscription renewal at any time, cancellation of Customer's automated Subscription renewal will not affect the Services within Customer's current Subscription, aside for the cancellation of the automated Subscription renewal.
3.6 Bundle discounts will also be applied to Subscription renewals as long as the requirements for the bundle discount are met. Special discounts, coupons, and coupon discounts, are only applied to the first Subscription purchase and do not apply to Subscription renewals.
3.7 Customer can downgrade their Subscription anytime, doing so will give coupons of equal value to the Services that Customer chose to remove from the Subscription, these coupons can be spent to modify the current Subscription. Changes to the Subscription will take effect immediately after the operation is confirmed. Any Subscription purchase will only be refunded with coupons, unspent coupons will not be refunded, coupons resulting from a downgrade or plan cancellation can only be spent during the downgrade or plan cancellation process.
3.8 If Customer's Subscription renewal date is reached, but Customer's payment method lacks sufficient funds, does not authenticate, or is unable to renew the Subscription, Services for that Subscription are halted until Customer manually completes renewal purchase. The time of the Subscription's renewal starting and ending date will not be altered or halted during this period of time.
3.9 Jobin Cloud offers a 14 day free trial to new users, the free trial offers unlimited access to all Jobin Cloud features, 14 day timer will automatically start upon Customer's first registration. At the end of the free trial period, Customer must pick a Subscription, including but not limited to the free Subscription
3.10 Customer can upgrade their Subscription anytime thanks to a top-up system. The top-up system will give coupons of equal value to the Services that Customer already paid for and used (determined by time) during that Subscription, Customer will therefore only be billed the difference between what has already been paid, the cost of the more expensive Subscription that Customer wishes to upgrade to, and the rounded up remaining time of the Subscription. The Subscription upgrade will take effect immediately after purchase.
3.11 All monthly Subscriptions are non-refundable. If Customer's Subscription is annual, and Customer hasn't used any Subscription exclusive features, Customer is eligible for a refund within 24 hours after Jobin Cloud receives Customer's payment.
4.1 Jobin Cloud uses third party service providers and distribution channels (such as network provider, data centers, telecommunication providers) to make the Website and its Services available to the Customer. Jobin Cloud warrants that it will take all commercially reasonable efforts to provide the Customer with a good level of service, however, Jobin Cloud does not guarantee that such service shall be fault free or uninterrupted at all times. Jobin Cloud shall therefore not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of Jobin Cloud’s service providers. Except as expressly set out herein, to the maximum extent permitted by law, Jobin Cloud does not warrant that the services are accurate, complete or fit for a particular purpose and disclaims any other warranty or guarantee, whether express, implied or statutory.
4.2 The Jobin Cloud browser extension is not produced, endorsed or certified by LinkedIn. All LinkedIn(TM) logos or trademarks displayed on this tool are property of LinkedIn.
5.1 Jobin Cloud is not liable for damages and/or losses resulting from: (i) the use or inability ot use the Services; (ii) the cost of procurement of any goods or services bought through or from the Services; (iii) the Customer's negligence of warnings and alerts provided Jobin Cloud; (iv) statements or conduct of any third party on the Services; (v) the Customer's inappropriate use of the Services.
5.2 Jobin Cloud shall never be liable for indirect or consequential damages, including lost profits and/or losses of Customer and/or third parties.
5.3 Jobin Cloud's total liability arising from or related to the agreement will not exceed the fees (calculated pro rata) for the continued provision for six months of any SaaS provided by Jobin Cloud to Customer under the agreement immediately prior to the first occurrence giving rise to Customer's claim(s) against Jobin Cloud ("Liability Cap"). Liability Cap applies to: (i) any damages; (ii) all claims in the aggregate, including breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentations, and other torts. The limitations as set out in this article will not apply in so far as liability cannot be limited under applicable laws and regulations, such as in the case of deliberate recklessness, fraud, or malintent of Jobin Cloud. The limitations specified in this article will apply even if any limited remedy specified in the Agreement is found to have failed of its essential purpose. Any limitations agreed upon under this article will also apply to the liability of Jobin Cloud's directors, officers, employees, contractors, agents and members.
5.4 Customer agrees to hold harmless Jobin Cloud, its contractors, licensors, and their respective directors, officers, employees, shareholders, agents and members from and against any and all third party claims, liabilities, losses, actions, causes of action, demands, reasonable costs and expenses, including but not limited to reasonable attorneys' fees, arising out of: (i) any operation conducted by Jobin Cloud on behalf of the Customer as part of the SaaS, including but not limited to unsolicited messaging or emailing; (ii) any data stored by Jobin Cloud on behalf of the Customer as part of the SaaS, including but not limited to Resumes, CVs, comments, notes added by the Customer.
5.5 Jobin Cloud agrees to hold harmless Customer, Customer's contractors, directors, officers, employees, shareholders agents and members from and against any and all third party claims, liabilities, losses, actions, causes of action, demands, reasonable costs and expenses, including but not limited to reasonable attorneys' fees, arising out of infringement of any intellectual property by the Services of Jobin Cloud.
Any violation of Terms or fraudulent, abusive, improper or unauthorized use of the Service may result in limitation, suspension or termination of Customer's account, if deemed appropriate by Jobin Cloud.