General Terms and Conditions of WeAreDevelopers GmbH for Employers

Terms of Services

Status: May 2018

1. Application of these Terms

1.1. WeAreDevelopers GmbH with its seat in Vienna, registered with the commercial register of the Commercial Court in Vienna under FN 468210 w (hereinafter "WeAreDevelopers" or "we" "our", "us") offers at www.wearedevelopers.com (hereinafter the "Website") services for both developers looking for job opportunities (hereinafter the "Developer") and employers looking for job applicants in the IT-sector (hereinafter the "Employer" or "you") on the basis of these Terms (the "Service").
1.2. WeAreDevelopers expressly rejects any deviating general terms and conditions of the Employer. Any deviations from these Terms, additional agreements or any possible contradictory terms and conditions of the Employer shall only be valid, if they have been confirmed in writing by WeAreDevelopers.
1.3. The provisions of these Terms may be amended by WeAreDevelopers without notice at any time, whereby any such amendments shall be published on the website www.wearedevelopers.com and (at most) by sending the text of the amendment to the e-mail address provided by the Employer at least 30 days before any such amendments enter into force. If the Employer does not object to any such amendments within 30 days after receipt of the aforementioned announcement in writing by e-mail to www.wearedevelopers.com, any such amendments shall be deemed accepted by the Employer. In the case of the Employer's timely objection to any such amendments, the contractual relationship between the Employer and WeAreDevelopers shall be continued subject to the Terms as in force prior to the announced amendments."

2. The Service

2.1. WeAreDevelopers offers Services that connect Employers with top tech Developers worldwide. The Services of WeAreDevelopers allow you to create an individual profile ("Profile"), which shall include basic information such as your name of the company, active email address and country of residence as well as information about your company and the offerings you provide for Developers. As an Employer you will get anonymized profiles of matching Developers and you may send contact requests to Developers that you feel may be a fit for your company. By contacting the Developer, you accept the basic conceptions (e.g. salary, location,...) of the Developer. The Developer then receives all relevant data about you and the job offer and can decide whether or not to enter the interview process with you. Only in the case of the commitment to an interview by the Developer the whole profile of the Developer will be shared with you.
2.2. The Website provides you with the Service and additional resources such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Website and/or the Service (collectively, the "Content").

3. Registration

3.1. In order to use the Services of WeAreDevelopers as an Employer you must register and create a Profile. You must be aged 18 or over. Each Employer may only have one Profile.

3.2. Creating a Profile is free for Employers.

3.3. You can create your Profile by importing your Profile data into the Service from your social network account (e.g. Angel list), or by filling in the information manually.

3.4. You will receive a confirmation for joining the Services of WeAreDevelopers via email to the email address you provided to WeAreDevelopers upon registration. WeAreDevelopers may change the method of registration at its own discretion.

3.5. Creating your Profile may require you to share with us certain personal information. Information about the collection of personal information is provided in our Privacy Policy.

3.6. You will be able to edit your Profile information at any point, adding, changing or removing any information.

3.7. By registering to the Service with a third-party account or populating your Profile by importing such information from your social network account, you hereby grant WeAreDeveloper permission to access and use your information through that service, as permitted by that third party service, and to store your log-in credentials for that service to enable the Service.

3.8. You must provide accurate and complete information during the registration process and you agree to not misrepresent your identity.

3.9. You are responsible for maintaining the confidentiality of your account, Profile, and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Website registration and password, whether or not authorized by you. In addition, you undertake to notify us immediately if you notice or suspect unauthorised access.

3.10. WeAreDevelopers will review the information that you provide to WeAreDevelopers during the registration process and WeAreDevelopers may also review any other information about you that is publicly available.

3.11. WeAreDevelopers reserve the right, in its sole direction, to accept or reject your registration to use the Website and Services without giving reasons.

4. Employer's Obligations

4.1. You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms:

a) use the Website, the Service, the Content, the Profiles or the Developers information for any illegal, immoral, unlawful and/or unauthorized purposes;

b) use the Website, the Service or the Content for non-internal purposes without WeAreDeveloper's express prior written consent;

c) interfere with or violate other Developer's or Employer's rights to privacy and other rights, or harvest or collect personally identifiable information about Developers or Employers without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Website and/or the Service and retrieve, index and/or datamine information;

d) interfere with or disrupt the operation of the Website or the servers or networks that host the Website, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;

e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that WeAreDevelopers endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service;

f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;

g) bypass any measures we may use to prevent or restrict access to the Website or the Service, including attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;

h) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by WeAreDevelopers on or through the Service, including but not limited to the anonymous profiles of Developers, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms;

i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to WeAreDevevoper's proprietary rights, including WeAreDeveloper's Intellectual Property, in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permit such actions;

j) make any use of the Content on any other site or networked computer environment for any purpose without WeAreDeveloper's prior written consent;

k) create a browser or border environment around WeAreDevelopers Content (no frames or inline linking is allowed);

l) sell, license, or exploit for any commercial purposes any use of or access to the Website, the Service or the Content;

m) frame or mirror any part of the Website without WeAreDeveloper's prior express written authorization;

n) create a database by systematically downloading and storing all or any of the Content from the Website;

o) transmit or otherwise make available in connection with the Website or the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

p) upload a Profile on behalf of another party;

q) submit incomplete, false or inaccurate biographical information or information which is not your own;

r) use the Website and Services for any purpose for which they were not intended; and/or

s) infringe and or violate any of the Terms, the applicable laws and guidelines/policies/rules of WeAreDevelopers.


4.2. A breach by the Employer against the above listed obligations entitles us to delete the account and the Profile of the Employer.

4.3. The Employer will indemnify WeAreDevelopers and hold it harmless in all respects in connection with his/her usage of the Website and Service.

5. Intellectual Property Rights

5.1. The Website, the Service, the Content (other than the Employer and Developers information or the Profiles), the WeAreDeveloper's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks and trademark applications, trade names, domain names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (hereinafter the, "Intellectual Property"), are owned by and/or licensed to WeAreDeveloper and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by WeAreDeveloper and its licensors.

5.2. The Terms do not convey to you an interest in or to WeAreDeveloper Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the WeAreDeveloper's Intellectual Property under any law.

5.3. To the extent you provide any feedback, comments or suggestions to WeAreDeveloper ("Feedback"), WeAreDeveloper shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any WeAreDeveloper current or future products, technologies or services and use same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require WeAreDeveloper to comply with any additional obligations with respect to any WeAreDeveloper current or future products, technologies or services that incorporate any Feedback.

5.4. You grant to WeAreDevelopers a non-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), service marks, trademarks, trade names trough the Website, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the content that you provided and anything WeAreDevelopers may make with the content through the Website, the Service and/or any other medium currently invented or invented in the future. Further you waive and agree never to assert any copyrights in and to all of the materials licensed in this section.

5.5. WeAreDevelopers reserves the right to display advertisements in connection with the content provided by you through the Website, the Service and/or any other medium currently invented or invented in the future. WeAreDevelopers are not required to host, display, or distribute any of the content and WeAreDevelopers may refuse to accept or transmit the content, and may remove or delete all or any portion or the content from the Website at any time.

5.6. By submitting any content to WeAreDevelopers, you hereby represent and warrant that you own all rights to the content or alternatively, that you have the right to give WeAreDevelopers the license described above. You represent and warrant that the content provided by you does not infringe on the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.

6. Links to Third Party Sites

6.1. Certain links provided herein or through the Service permit Employers to enter third party sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of WeAreDeveloper and it is not responsible for the availability of such external sites or services, does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. WeAreDeveloper reserves the right to terminate any link at any time. You further acknowledge and agree that WeAreDeveloper shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with the use of or reliance on any services, content, products or other materials available on or through such linked sites or services. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services.

7. Minors

7.1. To use the Website or the Services you must be over the age of eighteen (18).

7.2. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such person from accessing the Service and will make all efforts to promptly delete any personal information with regard to such person.

8. Streams

8.1. Employers can define Streams which are based on standardised job profiles of developers (called “Roles”) and can be customized by adding information like additional skills, salary or location of working place. Once a Stream is published, employers get a steady stream of developer profiles who match the criteria of one of their streams.

8.2. There is no exclusivity regarding the profiles from Developers, so other Employer may also receive a profile you be provided by the service.

8.3. The Employer is free to send contact requests to as many of developers with matching profiles provided by the service as he wants to.

8.4. The number of active Streams as the number of provided profiles per active Stream within a 30- days-period is limited according to the selected Plan.

9. Terms of Payment

9.1 The actual prices for the Plans are listed in the Price list. A copy of this Price list can be found on the Website wearedevelopers.com/talentstreams. All prices quoted are for a calendar month and are exclusive of all taxes, duties and other charges.

9.2 The service will be charged according to the selected Plan on a calendar month basis, whereby the amount due for a calendar month will be invoiced in advance on the first day of said month.

9.3 If the Employer choose payments on a yearly basis upfront there is a discount of 2 months, which means you can use the service for 12 months and pay only for 10.

9.4 In the event that the contract should be terminated by the Employer (except termination for good cause according to 13.4) or by WeAreDevelopers for good cause (see 13.3), no refund – be it in part or in full – will be given for any Service fees paid in advance.

9.5 The payment is due within 14 days after the date of the invoice. Interest on overdue payments will be charged at the rate of 9.2% p.a. above the latest base interest rate set by the European Central Bank as of the due date.

9.6. Furthermore, in case of default of payment by the Employer, any dunning charges or collecting fees, which are necessary for an appropriate legal prosecution, shall be borne by the Employer. The assertion of other claims or rights remains unaffected. Moreover, WeAreDevelopers shall not be obliged to provide further Services until the outstanding amount is paid.

10. Changes to the Website and / or the Service

WeAreDeveloper reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Website or the Service or any part thereof, including but not limited to the Content, without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Website or the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. WeAreDevelopers shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website, the Service or the Content included therein.

11. Privacy Policy

The data protection regulations of WeAreDevelopers apply to all Developers and are an integral part of these Terms. They are available on the Website under „Privacy Policy“.

12. Warranty and Limitation of Liability

12.1. WeAreDevelopers does not assume any warranty that the Employers expectations of the Services offered are met. We merely provide Services that can result in communication between Employers and Developers.

12.2. WeAreDevelopers does not warrant, that an Employment Contract will be concluded between the Employer and a Developer though the usage of Website and the Services.

12.3. Usage of the Website and the Services is solely at the own peril and own risk of the Employer. Because Developer authentication on the internet is difficult, WeAreDevelopers cannot and does not warrant that each Developer is who they claim to be.

12.4. WeAreDevelopers shall be liable to Employers, if damage is caused by wilful misconduct or gross negligence. The liability for slight negligence of WeAreDevelopers, except for personal injuries, shall be excluded.

12.5. WeAreDevelopers shall not be liable for any indirect and consequential damages, in particular, but without limitation to, lost profits and third party claims arising out of or in connection with the Website or the Services.

12.6. WeAreDevelopers does not act as an agent for the Developer or the Employer. Any agreements created between an Employer and a Developer are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Developer. You will not consider WeAreDevelopers, nor will WeAreDevelopers be construed as, a party to such transactions whether or not WeAreDevelopers receives some form of remuneration in connection with the transaction, and WeAreDevelopers will not be liable for any costs or damages arising out of or related to such transaction.

12.7. You acknowledge that according to the state of technology there is no process to guarantee error-free execution of software. Therefore, we may not assume any liability for a continuous, error-free operation and a permanent usage of the Website, the Service as well as for the underlying software.

12.8. We are not responsible and have no liability for any links, information or services provided by any person or entity other than WeAreDevelopers including, without limitation, any technical failures or the lack of availability of any features and services available within the Website or the Service which are not under WeAreDevelopers control. The Employer himself/herself is responsible for critically checking links, information or services from third parties and appraising it under his/her own responsibility

12.9. No liability shall be assumed for correctness and completeness of any information on the Website. WeAreDevelopers takes no responsibility and assume no liability for any information / content that is posted, stored, uploaded, or transmitted via the Website or the Service by Developers, Employers or third parties, or for any loss or damages that may occur because of such information / content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.

12.10. WeAreDevelopers shall not be liable for any kind of abuse of data or information by either Developers, Employers or third parties.

12.11. Further, WeAreDevelopers shall not assume any liability for system failures, disturbances, data loss and viruses resulting from external attacks or any other reason.

12.12. The Employer shall be obligated to indemnify and hold WeAreDevelopers harmless against any third party claims resulting from the use of the Website by the Employer.

13. Conclusion of an Agreement and Termination

13.1. WeAreDevelopers and the Employer shall sign a contract based on these Terms (the "Agreement"). The Agreement between WeAreDevelopers and the Employer shall be effected on the date of its execution. Unless otherwise agreed, the Agreement is concluded for an indefinite period of time.

13.2. Unless otherwise agreed, WeAreDevelopers and the Employer are entitled to terminate the Agreement in writing within a period of two months to the end of a calendar month.

13.3. WeAreDevelopers is entitled to terminate the Agreement with immediate effect for good cause. Such good cause shall exist in particular, but not limited to, if the Employer is in breach of material obligations under the Agreement, such as default of payment or persistent breach of material provisions of these Terms.

13.4. The Employer is entitled to terminate the Agreement for good cause with immediate effect. Such good cause shall exist in particular, but not limited to, if WeAreDevelopers commits a material breach of the Agreement or these Terms.

14. Applicable Law and Place of Jurisdiction

14.1. All legal disputes which may arise out of or in connection with these Terms and/or the legal relationship between WeAreDevelopers and the Developers shall be governed by and construed under the laws of Austria without giving effect to its conflict of law rules and UN Sales Convention.

14.2. WeAreDevelopers and the Developer agree that the competent court in Vienna shall have jurisdiction to hear and determine any suit action or proceedings and to settle and, for such purposes, irrevocably submit to the jurisdiction of such courts.

15. Final Provisions

15.1. Should any provision of these Terms (or any part thereof) be invalid, the validity of the other provisions shall not be affected. The invalid or ineffective provision shall be deemed to be replaced by such valid and effective provision as most closely corresponds to the economic purpose of the invalid or ineffective provision.

15.2. Any changes, amendments and side agreements to these Terms are only valid if made in writing. This shall also apply to any agreed waiver of the written form requirement.