Terms of Use

Updated on 26/06/2022

  1. Introduction

Thank you for visiting and using the tophirehub.com website.

These terms of use govern the rights and obligations regarding the access and use of our website tophirehub.com (“Website“) and the Top Hire Hub platform intended for cooperation between employers and recruitment agencies for employment/engagement, which is available on the Website and/or a separate mobile application (“Platform“). Your access to and use of the Website and Platform are governed by applicable laws and these Terms of Use (“Terms“).

Terms are legally binding between the company on whose behalf you use the Platform and Top Hire Hub Ltd, with a registered seat on the address of International House, 24 Holborn Viaduct, London, United Kingdom, EC1A 2BN, registered with the Companies House of the United Kingdom under the registration number 12166028 (“Company“, “we“, “our“), as the holder of all rights to Website, Platform, and their contents. By registering your account or (in the absence of registration) accessing the Website or the Platform, including their contents available on a separate application or other forms of presentation, or establishing direct communication with other users of the Platform in connection with the services provided through the Platform, as well as their use in any way, it is deemed that you are familiar with these Terms (including any additional acts, regulations or policies referred to in the Terms) and that you fully accept them and that you agree with their content.

In case you do not wish to accept these Terms without restriction, you will be prevented from registering on and using the Platform.

As a representative of the company in which you are engaged, you hereby declare and guarantee to the Company that you have the full legal authority to accept these Terms on behalf of the company you represent, i.e., that you are authorized on behalf of your employer or other legal entity to bind that person to these Terms. The moment you register on the Platform where you use an email address from your employer or other legal entity, you will be deemed to represent that party and any acceptance of these Terms binds your employer or other entity you represent.

The Company reserves the right to change these Terms at any time and will not be responsible for any consequences that may arise from such a change. Changes to the Terms come into force at the time of their publication on the Website, i.e., the Platform, so please check regularly whether they have been changed since your last visit.

  1. Purpose and users of the Platform

The Platform represents an integrated set of interactive online services, and its purpose is to connect employers in the simplest and most efficient way, who want to, for the needs of their business (“Employers“) hire experts from a certain field and entities (agencies) that deal with the business of recruitment in employment/engagement (“hiring agencies“) so that they can hire an adequate workforce in a fast, efficient and legally permitted manner. The Platform provides numerous tools for cooperation between Employers and hiring agencies (which are explained below) and which should speed up and relieve the entire process of finding and selecting adequate personnel (“Services“). The Platform is available through a separate interface within the Website and (now or in the future) through a separate mobile application.

Where these Terms apply equally to both Employers and hiring agencies, they will be collectively referred to as “Users“.

  1. Registration and use of Platform services

Visiting the Website and the basic content available there is free, within the provisions of these Terms, and it is not necessary to register on the Platform. However, visiting the Website without opening an account allows access only to limited content, which includes basic information on the purpose of the Website and the Platform, the available content to registered users, as well as the acts that regulate the rules of their use (i.e., these Terms, the Privacy Policy and the Cookies Policy).

In order to be able to use the Platform and the contents provided within it, Users need to open an account and register on the Website to use Platform. Depending on whether you are registering as an Employer or a hiring agency, there are separate registration accounts on the Website for Employers and hiring agencies, due to further specially adapted opportunities and options depending on the role you have in the overall process of recruiting candidates for employment. The registration procedure is the same for all Users, but the further options and possibilities you have when you register to depend on whether you have registered as an Employer or a hiring agency. The differences in terms of options do not refer to any advantages of one group over another but are primarily adapted to the specifics of the role that a specific User has in the overall process.

The User’s registration:

  • the use of the Platform is conditioned by opening an account with personalized access data;
  • on the registration link, you need to enter information about the company on whose behalf you are opening an account, namely: the name and address of the company, registration number, tax identification number, type of activity, etc., as well as an email representing the username and password of the person acting as an account administrator for the entity it represents;
  • when you fill in all the required data, you will be shown a notification (pop-up) on the screen that a verification link has been sent to the email address you left, as well as information that the Platform is verifying the actual existence of the specific company;
  • after you have performed the verification on the sent link, you will be notified again that the verification was successfully completed and that the Platform will send a final email within 24 hours accepting the User’s registration on the Platform;
  • upon receipt of the final email from the Platform, it will be considered that the User is registered and that he is enabled to use the Platform without hindrance;
  • if we cannot determine the existence of the company and we have some doubts, we reserve the right to inform the User that we are unable to respond positively to his registration request and leave the possibility to submit additional information so that we can register the account.

By registering, you assume full responsibility for the accuracy and completeness of the registered data (and the obligation to update them in a timely manner in case of any changes), for the use and control of access to your account, as well as for the appropriate protection of access data from unauthorized use by any third parties. We draw your attention to the fact that registration under a false or someone else’s name or entering other untrue or incomplete data during registration is strictly prohibited. All activities undertaken from your account shall be deemed to have been undertaken directly by you, and we shall not be liable for any damage that may occur to other Users of the Platform or any third parties as a result of your failure to take adequate security measures in respect securing access to your account.

The main purpose of the Platform for Employers is to publish the so-called “hiring campaigns” for a specific position in their company and to choose to start a business relationship with one of the hiring agencies present on the Platform. At the same time, hiring agencies, based on published “campaigns” by Employers, can send CVs of potential candidates in the form of applications, with the fact that all Users are independently responsible for accessing candidates’ personal data and further handling it in accordance with the Data Protection Law.

If the application sent by the hiring agency suits the Employer and after further steps regarding the candidate selection, the proposed candidate is hired, it will be considered that the cooperation has been successfully implemented and at that moment the Employer is obligated to pay the hiring agency for the service provided, as well as the use of the Platform services, in the manner described in Article 5 named Payments. If the Employer does not hire the offered candidate by the hiring agency, and it turns out that he hired the same candidate independently within 6 months from the moment when the candidate’s CV was delivered to him, the Employer will be obliged to pay all costs to the hiring agency and the Platform, as if the hiring of a specific candidate was done through the Platform.

Within the Platform, Users are provided with various types of opportunities so that they can most effectively perform the function for which they registered on the Platform. Among other things, the administrators of both the Employer and the hiring agency have the possibility to send an invitation to additional members from their organization to join the account of the specific User and act in the assigned roles, such as campaign managers, financial managers, etc.

Users of the Platform have the possibility to communicate through the communication interfaces available within the Platform (live chat) both with members of their team and with another party that Uses the Platform.

User administrators are responsible for managing the profile of the User on whose behalf they act.

The Company reserves the right, at its own discretion, to make changes at any time in the offered Platform interface, to completely or partially remove or suspend its availability, and to decline and prohibit the sharing of certain content through the Platform, without the obligation of the prior announcement and without responsibility for any damage that may result from it.

The Company reserves the right, at its own discretion, to, at any time, deny any User the possibility of further access to the Website and Platform and their contents, in whole or in part, and to deactivate his account, in case of suspected violation of applicable regulations or these Terms, and will not be responsible for any consequences that may arise for the User as a result of the above.

  1. Obligations of the User

Each User of the Platform has the following obligations:

  • To use the Platform in accordance with all applicable regulations and these Terms, as well as not to infringe the rights of any other User, the Company, or third parties by using it in any way;
  • To save access data for his own account on the Platform and use only his own account to access the Platform, as well as to take all measures to prevent third parties from finding out or using his access data or account;
  • To handle the personal data to which it has access in accordance with the principles and requirements of the Data Protection Law;
  • Refrain from any attempt to disable or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks;
  • Not to copy, transfer, display, publish, protect, sell or in any other way use the content of the Platform contrary to the applicable regulations or these Terms;
  • Not to send through the Platform any marketing materials to other Users, spam, or similar messages;
  • Not to post on the Platform or share with other Users any offensive, vulgar, threatening, violent, fraudulent, racist, chauvinistic, or other discriminatory or inappropriate content or communication, as well as hate speech, political views or messages, or any aggressive or harassing content;
  • Not to publish, send, exchange or transfer content with viruses or similar files or programs designed to destroy or limit the operation of any software and/or hardware;
  • Not to encourage any third party to do any of the above.

All the above also applies to Website visitors who have not registered an account to use the Platform, to the extent that the same is applicable to them. The Company reserves the right to remove any content it deems inappropriate or contrary to these Terms or applicable regulations. Users assume responsibility for any damage resulting from their activities.

  1. Payment

The Company is committed to responsible business and transparency in terms of payments and costs. The use of Platform Services is designed in such a way that all payments will be made only after successful cooperation between the Employer and the hiring agency. The Company will not charge for the general use of the Platform in terms of access to the Platform itself or if the User is exclusively present on the Platform without any interactions and starting a business relationship with other Users.

When opening an account on the Platform, hiring agencies are required to clearly indicate the cost price of their services in the form of the expected percentage of payment from the Employer based on cooperation, so that Employers can transparently see what their expected costs are.

The Company will charge the Employers for its services of enabling cooperation of the Users in the amount of 3% of the annual gross fee of the successfully hired candidate. The specified percentage will be charged to the Employer together with the amount of the expected fee for hiring the hiring agency. The Employer will be obliged to pay for the services provided by the hiring agency and the costs for using the Platform (collectively “Costs“) to the Company’s account.

The Employer will be obliged to pay the costs to the company within 15 days from the day of the successful hiring of the candidate for employment recommended by the hiring agency. Upon receipt of payment by the Employer, the Company will pay the compensation to the hiring agency within 5 working days, in such a way that it will first charge for its services, and then proceed with the payment for the services provided by the hiring agency.

The Company hereby declares that it will not be responsible for the payment of the services provided by the hiring agency to the Employer if the Employer does not settle its payment obligation based on these Terms.

If payment of the Costs is late, the Company shall have the right to take any action it deems appropriate (including, without limitation, suspending or terminating the Employer’s account or its access to and use of the Services). The Employer agrees to reimburse the Company for all reasonable expenses (including attorney’s fees) incurred during the collection of the Company’s due and unpaid claims against the Employer. All payments to the Company are exclusive of any additional charges or liabilities (including without limitation applicable taxes), and the Employer agrees to bear and be responsible for the payment of all such additional charges if any. All payments made or payable to the Company are non-refundable, irrevocable, and non-creditable.

  1. Intellectual property rights

The entire content of the Website and Platform, including but not limited to all interface, software, texts, images, graphic presentations, audio and video recordings used or available within the Website or Platform set by the Company, is the exclusive property of the Company and is protected by copyright and other applicable intellectual property rights, unless otherwise expressly stated. By accessing the Website or the Platform, i.e., their content, or using them in any other way, you do not acquire any rights to the content or other available materials, except for the right to use them within the framework of activities on the Platform. You may not multiply, reproduce, transmit, publicly display, distribute, or in any way (including interactively) make available the content or other materials from the Website or the Platform in any way, or use anyone’s trademarks, without prior written permission of the Company.

Users retain all intellectual property rights on the content they post on the Platform and assume full responsibility for them and hereby transfer to the Company the right to use such content free of charge for the purposes of fulfilling their obligations stipulated in these Terms.

The Company does not pre-check any content posted by Users on the Platform, and therefore each User is independently responsible for the posted content, which implies that the User guarantees that he has all the necessary authorizations or licenses (if necessary) in order to use and share the content in question with the Company and others Users, that is, that it does not in any way violate intellectual property rights of others or the obligation of confidentiality. The Company will not be responsible if there are any violations of the intellectual property rights of third parties.

Any unauthorized use, misuse, or any other act that violates legally protected intellectual property rights may result in civil and/or criminal liability for any such unlawful act.

  1. Confidentiality

Confidential information means all information that the Company, including persons acting on its behalf, provides to Users, as well as all other information that Users otherwise obtained (found out) during and in connection with the execution of these Terms in connection with the Website, Platform, relevant software, documentation or Services, including, without limitation, algorithms, rules and formulas, software source code, copyrights, techniques, sketches, drawings, know-how, registered and unregistered designs, business plans, financial information, business names, domain names, inventions, trademarks, trade secrets and proprietary information, information relating to the Company’s past, present, future or proposed products and services, such as information relating to research and development, design details, customer lists, business forecasts, sales plans and marketing and all such other information that may be disclosed to Users for the purpose(s) described in these Terms, notwithstanding that whether the information is marked as confidential or not. In case of doubt, any information submitted prior to the effective date of these Terms for the same purposes will also be deemed confidential.

The User shall not disclose or make available in any other way to any third party any confidential information, both during the term of these Terms and for an indefinite period after their termination. The User also agrees to use such information only for the purpose and to the extent necessary to exercise its rights and perform its obligations under or in connection with these Terms. The obligations of confidentiality from this article do not apply to information that has already been published before the User committed to these Terms, as well as to the information that must be published in accordance with the applicable law.

  1. Personal data

The Company is committed to protecting the privacy of all natural persons who are visitors to the Website or representatives of registered Platform Users. More detailed information regarding how we process your personal data can be found in our Privacy Policy. If you do not agree with any provision of the Privacy Policy, please stop using the Website and Platform immediately. For all personal data uploaded or exchanged by Users on the Platform, it will be considered that they are independently responsible for the justification and legality of the processing of such data.

  1. Cyber attacks

You may not use the Platform and the Website in an inappropriate manner by intentionally entering viruses, Trojans, computer worms, logic bombs, or any other software or technologically harmful material. You may not attempt to gain unauthorized access to the Website or Platform, the server on which the Website is hosted, or any server, computer, or database connected to the Website. You undertake not to attack the Platform or the Website through any attack aimed at disabling the services of the Platform.

In case of non-compliance with this provision, we will immediately terminate the authorization to use the Platform. We will not be liable for any damage resulting from a denial-of-service attack, virus, or other software or technologically harmful material that may affect your computer, IT equipment, data, or materials as a result of using or downloading content from the Website or Platform.

  1. Disclaimer

All content, information, materials, and Services, displayed or available on the Platform, are offered to Users under the conditions stipulated in the relevant document. The Company shall not be liable for any damage arising from their use, and you hereby agree to exclude the liability of the Company (as well as the Company’s employees and partners) for any damage that you may suffer, including without limitation direct, indirect, incidental, consequential, immaterial or material damage, loss of profit, damage due to loss, corruption or misuse of data, or costs incurred as a result of the use or inability to use the Website or Platform, to the fullest extent permitted by applicable regulations.

All content and other information, materials and Services displayed or provided on the Website or Platform by the Company shall be deemed to be of ordinary quality, and making them available does not provide a guarantee to Users of any kind that their mutual cooperation will be successful, including but not limited to guarantees of accuracy, completeness, and up-to-datedness, usual quality, cost-effectiveness or expediency, compliance with regulations or respect for the rights of third parties by the User, nor does the Company assume responsibility for any of the above.

The above is equally valid for the contents, other materials, or messages posted or exchanged with other Users by any Platform User or Website visitor, and therefore the Company will not be responsible in any case for any damage suffered by a User as a result of the use or exchange of such content, materials or messages, regardless of whether the Company has enabled their posting or exchange or their temporary or permanent storage on the Website or Platform. The same applies to information published on websites owned by third parties, whose data, information, and links can be downloaded by the Website or Platform.

In the event that there is any dispute or claim by the User or a third party against the Company due to injury or damage arising from the content posted on the Platform by one of the Users, such User shall be obliged to provide the Company, free of charge, with all necessary assistance, help, documents or other evidence necessary or useful for rejecting such a claim or conducting a dispute, as well as to enter as a party to the litigation instead of the Company if the conditions provided for by law are met. The User shall be obliged to compensate the Company for any damages it may suffer as a result of such claims, including without limitation the reasonable costs of hiring a lawyer.

  1. Disclaimer for third-party websites

The Website and Platform may contain links or references to websites or resources that do not belong to the Company. Such links to independent websites are displayed solely as a convenience for you to navigate the internet and to access such websites more quickly, and the Company bears no responsibility for their content. Statements and contents on the pages to which those links lead are not our statements and contents, and the mere existence of those links does not mean that the Company in any way endorses or recommends those statements, content, or use of the such website, or its owner, and therefore we do not assume responsibility for any violation of legal provisions or violation of the rights of third parties on those pages. If you decide to access any of the websites linked from our Website or Platform, you do so at your own risk.

  1. Messages from the Company

The Company may occasionally send registered users notifications and messages from the Website and Platform administrators necessary for their regular notification and functioning of all services. If the user does not want to receive such messages, he should send an email to support@tophirehub.com.

  1. Security

The Company cares about the safety of our visitors and users. We can provide assurances that we work diligently to secure the Website and Platform and protect your account and related information, however, the Company cannot guarantee that unauthorized third parties will not be able to bypass or overcome our security measures. Please notify us immediately of any suspicion or knowledge of unauthorized use of the Website, the Platform, or your account at support@tophirehub.com.

  1. Comments from users of the Platform

Your comments and suggestions are always welcome. Please send us comments via the contact form on the Platform or via email support@tophirehub.com. By submitting any comment, you give us your consent to use it without restriction or obligation to pay any compensation.

  1. Final Provisions

If any provision of these Terms is or becomes legally invalid or unenforceable, this will not affect the validity or enforceability of any other provision of the Terms.

These Terms and your use of the Website and Platform are governed by the law of the Republic of Serbia. In case of any misunderstanding, the User and the Company will try to resolve the dispute amicably. If this is not possible, the court in Belgrade will be competent to resolve all disputes related to the use of the Website and Platform.