Terms of Service
These Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with QPage especially at open beta release in connection with the Service (collectively, “Terms“), govern your access to and use of our service (“QPage“, “we“ or “our“) websites, platform, and applications (collectively, the “Service“). These Terms apply to all visitors, users and others who access or use the Service. Please read them carefully before using the Service.
QPage reserves rights to any modification without prior notice or permission.
We firmly prohibit our direct competitors to access our service/platform at any level and purpose unless a written approval is given.
Website, software and apps are owned and managed byJetCell technologies group a company incorporated in Vancouver, British Columbia in Canada. JetCell Technologies group is the parent company of QPage Software. There are provisions in place allowing QPage Software to license the Services to Customers.
QPage provides access to the Service available to you in line with the terms of the applicable user registration form, and in line with these Terms. The Service is offered on a software-as-a-service subscription basis combined with multi-layer applications from Customers and applicants in line with the Terms of the relevant form. Each registration form between QPage and you, once signed or confirmed to proceed by a company agent or a user on behalf of a company, will constitute a separate agreement between you and QPage. These Terms will govern all registrations between QPage and you, except where a variation to these terms is agreed by the parties in your applicable Order Form.
QPage retains all rights to the Service. The Service may continue to change from time to time as we refine and add more features.
We may stop, suspend, or modify the Service at any time without prior notice to you, in any circumstances we reasonably determine to be necessary, including but not limited to (i) to perform essential repairs/maintenance to the Service; (ii) where your use of the Service is in breach of your obligations under this agreement; (iii) where payment of the fees for the Service are not paid in a timely manner. We also may impose limitations on bandwidth usage for the Service as we, in our sole discretion, determine to be appropriate.
1. The Service
1.1. You acknowledge and agree that the Service operates on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services“). QPage is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. QPage does not make any representations or warranties with respect to Third Party Services. Any exchange of data or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions.
1.2. In consideration for the payment of the Fees to use tier based subscription other than freemium version, QPage shall provide the Customer with the services as described on the Website, which allow the Customer to browse, screen, track and collaboratively manage its hiring process (“Services“) and provide the facility of storing the Customer’s recruitment data (“Storage Service“). The Services typically include the following:
1.2.1. The facility to use premium service “Advanced JD Recommender“ where it suggests accurate job description upon the job title,
1.2.2. The ability to compare candidates and their scores,
1.2.3. The facility to map company’s organization in different methodology and scheme,
1.2.4. The facility to use “Global Candidate Pool“ Where the subscriber/user uses the global candidate pool, the Customer hereby instructs QPage to search for such Candidates within opt-in databases, such as social networks, and candidate databases on job boards and to rank candidates,
1.2.5. The facility of integration with third parties,
1.2.6. The facility to use advanced video interview application combined with video and facial analysis and sentiment analysis,
1.2.7. Any other features and functionalities provided by QPage to time to time, including current feature further developments,
1.3. For the avoidance of doubt, QPage’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and QPage, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party.
1.4. QPage shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, QPage may use its reasonable endeavors to notify the Customer in advance provided that QPage is able to do so. Exception is accepted during the soft launch period.
1.5. Access to the platform and the Services may be granted to the Customer on a Freemium or “free” basis (“Freemium“) for a period of undefined when it can be changed with no prior announcement. The Customer acknowledges and agrees that during the Freemium the following specific terms shall apply in addition to all other Terms:
- Access to the Services during the Freemium will be provided at no cost to the Customer;
- The functionality of the Services during a freemium may be limited or restricted; and
- QPage may withdraw or suspend the Customer’s access to the Services at any time during the Freemium/Trial, and at the completion of the Freemium/Trial continued access to the Website and/or Services will be subject to payment of Fees or charges;
- QPage may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave QPage, our terms and policies do not govern your use of third-party websites.
2.1. In order to use the Services, the Customer shall first be required to register with QPage by completing the online registration form on the Website at qpage.one
2.2. QPage shall send the Customer a confirmation email (“Confirmation Email“) once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms (“Contract“) commences on the date of the Confirmation Email. However, the process mentioned above may skipped at soft launch period.
2.3. We “QPage“ reserve the right to proceed validation and security procedures in relation to all information provided by the Customer/subscriber/user to us “QPage“. In case QPage has found reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, QPage at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
2.4. Our Terms of service applies to any and all users/member including partners/crowdsourced recruiters/company employees and every single user who access and use the platform and the Customer Services through the Customer’s account. The Customer acknowledges and agrees:
- All users must use the corporate email address allocated to them by the Customer when creating a Collaborator profile, however in case of invitation to external/crowdsourced recruiters, personal email is applicable, however it can be changed with no prior announcement,
- QPage may allocate the Customer “Admin” or “Member” accounts with different levels of access, and the Customer shall comply (and ensure each member apart from their access level complies) with any directions of QPage relating to the establishment and use of such member accounts,
- As a recommendation we prohibit multi usage of an user account that is why we offer an unlimited user registration,
- QPage takes no authority on customer uses and all responsibilities on usage of platform, members and all others shall be on customers.
2.5. Upon a prior notice to the Customer, QPage may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or lodge full effect to, these Terms.
3. Customer Responsibilities
3.1. Customer/subscriber shall be responsible and liable for all uses of the Service by access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of employees and agents of Customer that are authorized to use the software (“Authorized Users/member”; regardless of their access level), and any act or omission by an Authorized User that would constitute a breach of this Agreement if performed by Customer. Customer shall make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and shall cause Authorized Users to comply with such provisions.
3.2. Customer represents, warrants and covenants that Customer and its employees will not produce content or otherwise use the Service in a manner that
- Infringes or violates the intellectual property rights or property rights, rights of publicity or privacy, or other rights of any third party;
- Violates any law, statute, ordinance or regulation;
- Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or,
- Contains a virus or other harmful computer file, or program.
- Publish Openings on behalf of a company without their knowledge and consent;
- Request payments from Candidates
Also, Customer represents, warrants and covenants that Customer, in performance of its obligations and/or exercise of its rights pursuant to this Agreement, will comply with all applicable laws and regulations. Customer further acknowledges that Customer is responsible for all employee activities in connection with the Services and that fraudulent, abusive, or otherwise illegal activity may be grounds for termination of this Agreement.
3.3. Unless otherwise explicitly stated by QPage, we “QPage“ do not vet, verify the accuracy, correctness and completeness of, edit or modify any submissions or any other information, data and materials created, used and/or published by the Customer on the platform including all services to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
3.4. QPage may enhance the Applicants Profile by using data related to the Candidate, obtained from third parties, his own and yours upon collected all parties; satisfaction together or alone on demand just to provide better source of information accurately. Such additional information may include links to any social media, websites and apps used by QPage in enhancing the applicants and companies profile. In such circumstances, QPage does not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is the responsibility of the Customer to verify the accuracy of such information before making any hiring decisions.
3.5. Content from other applicants, users, customers, and other third parties is made available to you through QPage. “Content”; means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on QPage platform including but not limited to applicant app, software and website. Because we do not control such Content, you understand and agree that:
- We are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users;
- We “QPage“ make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and c- We “QPage“ assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on QPage. For more information or question in mind please drop us a message on qpage.one/contact-us.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer’s value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as ’employees’ with regard to Content left on QPage. While we provide the option for QPage reviewers to specify the category of their employment when they leave a review (i.e partners, employees, external recruiter, etc.), we do not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an “employee“.
3.6. The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Customer and the approved Candidate directly. In the event there is a dispute between the Customer and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a “Dispute” – the Customer agrees QPage is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless QPage from any such loss or damage or any liability in relation to any Dispute.
3.7. The Customer hereby indemnifies QPage against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by QPage which arise directly or indirectly from any Dispute, or any breach by the Customer of clauses.
3.8. Notwithstanding 3.4, QPage reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), in case QPage has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
3.9. We “QPage” takes breaches of the Terms, and in particular, this clause 3, very seriously and therefore reserves the right to take any action that QPage finds necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the platform. In certain circumstances QPage may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Apps, websites, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Customer shall promptly notify QPage if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.
4. Fees and Payment
4.1. The fees to access the Services are as set out on the Website (“Fees“). The Fees may be based on
- The tier subscription customer choose,
- Its use of the People Search Services, or
- Its use of third party,
- Any additional or substitute services that Customer may request or take advantage of from time to time. Other than where the Customer is participating in a Freemium/trial in accordance with clause 1.5 or taking Implementation Services from QPage, the Customer may only access the Services by paying the Fees.
Unless stated otherwise on the Website or agreed by QPage in writing, the Fees shall be payable by the Customer in the beginning of each subscription term, in the manner as set out on the Website and software.
All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason, other than in accordance with clause 4.2
5. Intellectual Property
5.1. Except as expressly set forth in this Agreement, QPage will own and retain all right, title and interest in and to (a) the Services, including all software, improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed as part of any professional services or support, and (c) all intellectual property rights related to all of the foregoing. This Agreement does not grant Customer (i) any rights to the Intellectual Property Rights in the Services or (ii) any rights to use the QPage trademarks, logos, domain names, or other brand features. “Intellectual Property Rights“ means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
5.2. The Customer may print off one copy and may download extracts of any pages from the software solely for use by the Customer and the Customer may draw the attention of other users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the platform including website, software and/or apps for any purpose other than accessing the platform or obtaining a benefit from the services in accordance with these Terms.
5.3. The Customer shall not, and shall procure that users/members shall not:
- Modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part;
- Reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form;
- Distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or platform as whole including apps and/or software or the Customer’s right to use the Software/services.
5.4. The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Openings and all information and materials provided by the Customer to QPage.
5.5. The Customer hereby grants QPage, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the platform as a whole or separately the Customer Information, Openings and all other information and material provided by the Customer to QPage in relation to the Services, for the purpose of providing the Services to the Customer.
5.6. The Customer hereby indemnifies QPage against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Openings, and all other information and material provided by the Customer to QPage.
5.7. Notwithstanding anything to the contrary, QPage will be free (during and after the term hereof) to, without any obligation to Customer to collect, develop, create, extract, compile, synthesize, analyze and commercialize statistics, benchmarks, measures and other information based on “Aggregated Data.“ “Aggregated Data“ means Customer Data that is:
- Anonymized by removing any personal or other information so the data is in no way attributable to a specific customer or any individual;
- Combined with the other data; and
- Presented in a way which does not reveal the Customer’s or any individual’s identity.
5.8. Notwithstanding anything to the contrary, if customer or any of its employees or contractors provide us “QPage” with any ideas, suggestion(s), enhancement requests, feedback and/or recommendation(s) regarding the Services, including without limitation, new and/or improved features or functionality relating thereto (“Feedback”), we “QPage” are free to use and disclose such Feedback without any obligation to customer or such employees or contractors and to incorporate into any existing or future products or features.
6. Limitation of Liability
6.1. Customer agrees neither party will be liable for any indirect, special, incidental, punitive or consequential damages of any kind (including loss of profit, opportunities or any other forms of loss) strict liability or otherwise, even if informed of the possibility of such damages in advance.
6.2. In no event will either party or their respective directors, officers, agents, or employees, be liable to the other party for any reason, whether in contractor in tort, for any claims, suits, liability or damages arising out of or based upon this agreement, in the aggregate, exceed the amount actually paid by customer to QPage under this agreement in the twelve (12) months preceding the first incident out of which the liability arose, regardless of the form in which any legal or equitable action may be brought.
6.3. Any claim or cause of action arising out of or related to use of the services or to the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever waived.
7. Confidential Information and Data Protection
7.1. Each party agrees that all non-public information, code, inventions, know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified in writing as confidential at the time of disclosure, is identified as confidential in writing within forty five (45) days of the disclosure, or is of a nature that a reasonable person with knowledge of the Disclosing Party’s business would understand to be confidential. For the avoidance of doubt, Confidential Information includes all Customer Data, code, inventions, know-how, business, technical, financial and personal data the Receiving Party obtains from the Disclosing Party. Except as provided herein (including, without limitation, as required for QPage to provide the Services), the Receiving Party will hold in confidence and not use or disclose any Confidential Information of the Disclosing Party. The Receiving Party’s non-use and non-disclosure obligations hereunder will not apply to information which the Receiving Party can document:
- was rightfully in its possession or known to it prior to receipt of the Confidential Information;
- is or becomes publicly available through no fault of the Receiving Party;
- is rightfully obtained by the Receiving Party without restriction on use and/or disclosure from a third party;
- is independently developed by or for employees of the Receiving Party without use of or reference to any Confidential Information of Disclosing Party; or
- is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
7.2. QPage and its customer shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including the EU General Data Protection Regulation 2016/679 (“GDPR”) (“Data Protection Laws”), in each case including all other successor legislation and regulation thereto.
7.4. Personal data which is processed by QPage as a data processor on the Customer’s behalf as part of the Services, QPage will:
- Act strictly in respect to the Customer’s lawful and reasonable instructions (which may be received via the Customer’s use of the Services) unless applicable law requires otherwise, in which case QPage shall inform the Customer of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). QPage shall inform the Customer if it becomes aware of an instruction by the Customer that, in QPage’s opinion, violation the Data Protection Laws.
- Make sure its personnel that are authorized to process the personal data in connection with the provision of the services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
- Proceed suitable technical security measures to protect the personal data in respect to Data Protection Laws
- Allow the customer to access, amend, remove and transmit the personal data processed by QPage
- Customer hereby gives QPage a general consent to engage sub-processors to process the personal data of the Customer
QPage provides service to customers by use of other service providers. QPage committed to take its best at the time to provide the customer with best possible level of service, QPage does not guarantee that such service shall be fault free or uninterrupted at all times. QPage therefore shall not be liable in any way for any losses the customer may suffer as a result of delays or failures of the services as a result of QPage’s service providers. The foregoing warranty does not apply to, and QPage strictly disclaims all warranties with respect to connections and/or links to non-embedded services, products and professional services that are provided and sold to Customer by third parties which interoperate with or are used in connection with the Service.
9. Term and Termination
9.1. The customer is able to terminate the services at any time by cancelling their subscription.
9.2. The storage including relevant data and information shall continue even after the date of termination of the services until the contract is terminated or until the customer notifies us “QPage” in writing that all data of the customer requires to be removed.
9.3. The customer may terminate the contract on the provision of written notice to QPage.
9.4. QPage might not terminate the contract less than 100 days after termination of the services. Thereafter QPage may terminate the contract at any time, without prior notice to the customer.
9.5. QPage can terminate or suspend the customer’s access and use of the service separately or as a whole in case of breach by customer, termination of contract in clause 9.4, force measures including but not limited to law force, war or failure in providers infrastructure when QPage shall prepare to refund customer’s paid fee excluding its usage of services in the event of termination by QPage excluding breach of terms by customer.