WELCOME TO AEVY’S SEARCH SERVICE (THE “SERVICE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT GOVERN YOUR USE, SUBSCRIPTION AND ACCESS OF THE SERVICE.
The Site provides services to help connect Aevy’s Customers with Candidates (the “Services” or the “Service”). Both the Customer and the Candidate can exchange information with one another through the Site in various ways, such as sending emails to another through the Site, obtain information about a another through the Site or but not limited to if Aevy via an automated message introduce a Candidate to the Customer over email. “Candidate” means a profile of a real person whose identity and contact details (including but not limited to an email address, social links or a phone number) are listed on the Site.
“Information” means a Candidate’s identity or contact details (email address, social links or phone number). “Introduce” means an automated email is being sent out by means initiated via Aevy’s Services from the email address provided by the Customer to a Candidate.
The Service is provided “as is” and “as available”.
The Service includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Aevy to respond within one business day) concerning the use of the Service. All Aevy support will be provided in accordance with Aevy standard Aevy practices, procedures and policies. Aevy may need to access your account in order to deliver support and customer services.
Changes to Services
Aevy continually changes and improves the Service. The Customer’s use of any new features and functionality added to the Service may be subject to additional or different terms relating to such new features and functionality. Aevy may alter or remove functionality from the Service at any time without prior notice. Aevy will inform the Customer of any additional or different terms as set out in Section 5.1.
Suspension of the Service
Aevy may limit or suspend the Service from time to time at our discretion (for example, to perform scheduled maintenance). If Aevy limits or suspends the Service, we will endeavor to give the Customer reasonable advance notice so that the Customer can plan around it. However, there may be some situations, such as security emergencies, where it may not be practicable for Aevy to give advance notice. Aevy will use commercially reasonable efforts to narrow the scope and duration of the suspension or limitation as is needed to resolve the issue that prompted such action.
Third Party Services
If the Customer uses any third party service with the Service, the Customer acknowledges that the service may access or use the customer’s information. Aevy will not be responsible for any act or omission of the third party, including such third party’s use of the customer’s information. Aevy does not warrant or support any such third party service, and the Customer should contact that third party for any issues arising from the Customer’s use of the third party service.
Valid contact information
The Customer must provide a legal full name, a valid email address and any other information requested in order to complete the signup process. The Customer is responsible to keep the provided information up to date.
The Customer must be a human. Accounts registered by “bots” or other automated methods are not permitted. Abuse or excessively frequent or inhuman searches on Aevy that indicates any “scraping” or “crawling” activities may result in a temporary or permanent suspension of your account’s access to the Service. Aevy, in its sole discretion, will determine abuse or excessive usage of the Service. Aevy will make a reasonable attempt via email to warn the Customer prior to suspension.Illegal activity
The Customer is responsible to ensure that the Service is not used for any illegal or abusive purposes.
The Customer is responsible for maintaining the confidentiality of passwords and any other credentials used to access its accounts. The Customer will use commercially reasonable efforts to prevent unauthorized use of the Service and will terminate any unauthorized use of which it becomes aware. The Customer, and not Aevy, is responsible for any activity occurring in its accounts (other than Aevy’s direct activity which is not performed in accordance with the Customer’s instructions), whether or not authorized. The Customer will notify Aevy promptly if the Customer becomes aware of any unauthorized access or any other breach of security to its accounts.
The Customer consents to the transfer, processing, and storage of information on the Customer and its employees including any personal data (“Customer Information”) in accordance with this Agreement, including Aevy’s “Privacy Policies”. The Customer agrees with Aevy’s privacy policies.
The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Aevy.
Payment and Billing
The Customer must provide Aevy with accurate customer and billing information and keep this information up to date.
By subscribing to the Service the Customer gives Aevy the right to charge the submitted credit card, or bill the Customer via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
Upon registration for the Service, Aevy provides two options of Payment terms to the Customer:
“Pay-per-hire” Terms: Customers that agree on the Site or in a written agreement referencing this agreement to pay a “Success Fee” for each “Successful Hire” of a “Candidate” on the Site. The Customer will be obligated to pay the full “Success Fee” if the Customer at any time in 12 months prior to extending an “Offer” to the Candidate obtained the Candidate’s “information” by any means through the Site or by an introduction by Aevy (by any means including but not limited to an auto generated email sent out via Aevy’s email systems).
“Subscription Terms”: Customers that on the Site or in a written Sales Document agree to subscribe to the Service for a recurring “Billing Cycle” and have fully paid for it.
If the Customer have not fully paid for the given billing cycle or in writing have not fully agreed to Aevy’s “Subscription Terms” on the Site or in a “Sales Document”, the Customer will be obligated to follow the “Pay-per-hire Terms”.
Customers that on the Site or in other agreement agree to the Pay-per-hire Terms will be obligated to pay the Success Fee to Aevy in full. The payment can not be paid later than thirty (30) days after a verbal or written acceptance by a Candidate of an Offer. Customers agree that an incomplete or late payment of the Success Fee will invalidate the 90 day guarantee.
“Success Fee” means fifteen percent (15%) of the Candidates first years base salary. The minimum fee can not be less than five thousand euros (€5,000).
“Offer” means an offer for paid employment and includes an indefinite or fixed termor engagement as a paid consultant for any duration. Aevy does not make any difference between offers for employment or consultancy services.
“Successful Hire” means acceptance by a Candidate of an extended Offer by the Customer. The acceptance of the extended Offer can be both verbal, in writing or any other reasonable way of accepting an Offer. Customers are required to promptly notify Aevy once a Candidate verbally, in writing or in any other way has accepted an Offer extended by the Customer. The Customer’s obligation to pay the Success Fee to Aevy shall survive the cancelation of an Aevy account, cease in use of the Services and any termination of this Agreement.
Exemption from Success Fee
Aevy will only make an exemption from requiring the Success Fee to be charged for a Successful Hire if the Customer can prove that it had previous relation with the Candidate in 12 months prior to obtaining the Candidate’s Information by any means through the Site or Services. The candidate must be known to the Customer and be able to prove a pre-existing relationship. This can be proven by documentation of a formal interview, application letter received by the Customer or a two-way written communication discussing a career opportunity. Aevy retains full discretion in determining whether any documents or attempts to prove a pre-existing relation to the Candidate will qualify for a fee exemption.
90 day guarantee
Aevy shall refund 100% of the Success Fee if the Customer notifies Aevy a wish to do so and these conditions are met:
Candidate’s employment or consultancy engagement has been fully terminated within 90 days of the start date in the Offer.
The Customer paid the full Success Fee on time (any payment received later than 30 days from the invoice date will invalidate the 90 day guarantee).
The Customer or Candidate do not in any way continue any work related engagement, employment agreement or consultancy for at least twelve (12) months after the engagement or employment has been terminated. The Customer will notify Aevy promptly if the Customer and Candidate resumes any work related engagement within six (6) months from after the date the previous agreement was terminated.
The Customer pays in advance for each billing cycle. The subscription payment is due and payable on the Effective Date. Fees for each renewal term shall be due on the same payment schedule. Payment can be made via credit card or wire transfer. Aevy does not accept checks as a valid payment method. The fee is $10,000 per seat for the first billing cycle unless otherwise stated from an Aevy representative in the Sales Documentation. Fees are non-refundable.
The Service provided by Aevy is a subscription service. The Customer pays in advance for each billing cycle.
Change in billing cycle
The Customer can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).
The Customer’s account with Aevy will be renewed automatically using the existing billing cycle until the Customer cancel the Service.
Extra service fees
The Customer is responsible for all charges incurred related to the Customer’s Aevy account, including any applicable taxes or extra service fees.
Aevy may change the fees charged for the Service at any time, provided that, for any fees billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of the Customer’s subscription. Aevy will provide the Customer with reasonable prior written notice of any change in fees to give the Customer an opportunity to cancel auto-renewal on the Customer’s subscription before the change becomes effective.
Cancellation and Termination of Service
The Customer may at any time cancel the account. Aevy does only accept cancelations by email or by cancelation directly through the Customer’s account via Aevy.com. The cancelation will take effect at the end of the agreed billing cycle.
In case of any breach of the Agreement by the Customer (including any late payments), Aevy may terminate this Agreement with immediate effect withouth any liavility to the Customer. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Changes to Terms of Service
Changes to TOS. Occasionally we may, in our sole discretion, make changes to these Terms of Service (“TOS”). We announce important changes to our TOS on the Customer’s Aevy account or by written notice to the Customer’s provided contact information (2.1). The current TOS are always available at Aevy.com. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
Use of Customer’s Name and Company Name
Use of customer name Aevy reserves the right to use the Customer’s name and/or company name as a reference for marketing or promotional purposes on the Aevy.com website and other communication with existing or potential Aevy customers. To decline Aevy this right the Customer needs to email [email protected] stating the wish not to be used as a reference or any simliar purpose. Intellectual Property
As Aevy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If the Customer believes that material located on Aevy’s site or linked to by Aevy violates any copyright, the Customer is encouraged to notify Aevy. Aevy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Aevy will terminate such customer’s access to and use of the Service if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Aevy or others. In the case of such termination, Aevy will have no obligation to provide a
This Agreement does not transfer from Aevy to the Customer any Aevy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Aevy. Aevy, the Aevy logo, and all other trademarks, service marks, graphics and logos used in connection with Aevy, or the Service are trademarks or registered trademarks of Aevy or Aevy licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. The Cusomer’s use of the Service grants the Customer no right or license to reproduce or otherwise use any Aevy or third-party trademarks.
The Service is provided by Aevy AB (org no 556847-3432) and the references to “Aevy”, “we”, “us”, and “our” are references to Aevy AB, a Swedish company located at Slupskjulsvägen 30, 111 49, Stockholm, Sweden.
The Customer will not delegate, subcontract, transfer or assign this Agreement or any of its rights or obligations, without the prior written consent by Aevy.
This Agreement (including any documents incorporated herein by reference to a URL or otherwise), and any sales quote or other sales document prepared for the Customer by Aevy and sent to the Customer by email (“Sales Document”) constitute the entire agreement between the Customer and Aevy and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by the Customer do not apply to the Service, do not override or form a part of this Agreement, and are void.
To the extent any conflict exists between them, any Sales Document provided by Aevy prevails over this Agreement, and this Agreement prevails over any additional terms with respect to the Service not approved by Aevy in writing.
Neither Aevy nor the Customer will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, governmental action, or internet disturbance) that was beyond the party’s reasonable control.
The relationship between Aevy and the Customer is that of independent contractors, and not legal partners, employees, or agents of each other.
The Services is provided “as is”. Aevy and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and noninfringement. Neither Aevy nor its suppliers and licensors, makes any warranty that the Services will be error free or that access there to will be continuous or uninterrupted. The Customer understands that the Customer shares, downloads from, or otherwise obtains content or services through, the Services at the Cusomer’s own discretion and risk.
Each party represents and warrants that: It has full power and authority to enter into this Agreement; and Aevy represents and warrants that the Services provided do not infringe or violate any rights of third parties, and are in strict accordance with all applicable laws and regulations, including, but not limited to all data/privacy laws (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
The Customer represents and warrants that it is not barred by any applicable laws from being supplied with the Service. The Service may not be used in any country that is subject to an embargo by the United States or European Union applicable to the Service. The Customer will ensure that: it does not use the Service in violation of any export restriction or embargo by the United States; and it does not provide access to the Service to persons on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals.
Limitation of Liability
You expressly understand and agree that Aevy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Aevy has been advised of the possibility of such damages), resulting from e.g. (but not limited to): the use or the inability to use the Aevy Service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Aevy Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Aevy Service; or any other matter relating to the Aevy Service.
Responsibility of decisions
Any decisions you make based on data from the Aevy Service are your sole responsibility. Aevy shall not be held liable for any such decisions. Damage and losses
In no event shall Aevy’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for using the Service during the 12 months preceding the event causing the loss.
The Customer agrees to indemnify and hold harmless Aevy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use and access to the Services solely as related to any data or content transmitted by you, including but not limited to your violation of this Agreement. Aevy agrees to indemnify, defend, and hold your company, and your company’s officers, directors, consultants, employees, successors, and assigns harmless from any and all claims and liabilities, (including but not limited to reasonable attorney’s fees) arising from: (i) Aevy’s violation of any thirdparty right, including without limitation any right of privacy or intellectual property rights; and (ii) Aevy’s violation of any applicable law, rule or regulation.
This contract shall be governed by the substantive law of Sweden where Aevy AB has its domicile. Dispute. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sweden, in the Swedish language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Notwithstanding this, Aevy will be entitled to enforce any infringement of Aevy’s intellectual property and any non-payment of fees due to Aevy in the courts of any jurisdiction in which such infringement is occurring or in which the Customer is incorporated.
These Terms of Service were last updated on January 25th, 2017.
If you have any questions about these Terms of Service or any other question, please contact us at [email protected] or send a mail to Slupskjulsvägen 30, 116 32, Stockholm, Sweden.