These Terms & Conditions (hereinafter referred to as “T&C”) apply to the entire business relationship and all contracts and agreements concluded between WeAreDevelopers GmbH in Vienna, Austria, WeAreDevelopers Germany GmbH in Berlin, Germany (both hereinafter referred to as “WeAreDevelopers”, “we”, “us”, “our”), and its contractual partners (the “Customer”, “you”, “your”).
A business relationship, contract or agreement (hereinafter collectively referred to as the “Contract” or “Business Relationship”) is concluded when the Customer
registers a company account on the website wearedevelopers.com or on any of its subdomains (the “Website”), or
submits an order and/or purchases a Service (the “Order”) from WeAreDevelopers or concludes a Service Contract with WeAreDevelopers (as described in clauses 3 and 4 of these T&C).
The subject matter of the Business Relationship between WeAreDevelopers and the Customer is the provision of services under the terms and conditions of these T&C and based on the content of the respective and applicable Order or Service Contract.
WeAreDevelopers expressly rejects any deviating general terms and conditions of the Customer. Any deviations from these T&C, additional agreements or any possible contradictory terms and conditions of the Customer shall only be valid if they have been confirmed in writing by WeAreDevelopers.
The Customer may not transfer or assign its rights from the Contract and T&C to other parties without a written approval from WeAreDevelopers.
These T&C are published on the Website.
Website Terms of Use and Privacy Policy
The Website Terms of Use, which describe the terms and conditions for the usage of the Website, are a substantial part of these T&C. If any provision of the Terms of Use is in contradiction with these T&C, then the respective provision of these T&C shall apply.
The Privacy Policy of WeAreDevelopers is a substantial part of these T&C.
Both documents are published and available on the Website.
Services
WeAreDevelopers offers to the Customer various products and services (collectively referred to as the “Services”) as outlined below.
Job Ads: The publication of job advertisements of the Customer on the Website.
Company Page (Brand Page): The publication of a Company Page for the Customer on the Website.
Recruiting Service (Pay-per-Hire): The search, selection and nomination of candidates by WeAreDevelopers for open job positions of the Customer.
Events: Various services for promoting the Customer, its good and services, its content, its job advertisements, its company or similar at Events hosted by WeAreDevelopers.
Other services: WeAreDevelopers may offer additional individual services to Customers based on a case-by-case agreement.
The description of these Services and supplementary terms for each Service are set out in the appendix of the T&C and are an integral part of these T&C.
WeAreDevelopers does not grant any exclusion of competition in any of the Services, unless otherwise agreed in writing.
Ordering and/or Purchasing a Service
A contract for the supply and performance of a Service (the “Service Contract”) between WeAreDevelopers and the Customer is concluded by one of the following ways:
WeAreDevelopers and the Customer enter into a written agreement by signing a contract, agreement or similar. The content and provisions of such a contract are substantial parts of the Service Contract.
The Customer accepts an offer, quote or a similar proposal that is issued by WeAreDevelopers. For better understanding, such acceptance by the Customer may be indicated by (but is not limited to) a formal or formless email or letter from the Customer or any similar statement or confirmation by the Customer that implies the acceptance of an offer, quote or proposal or the purchase of a Service. The content and provisions of the offer, quote or proposal are substantial parts of the Service Contract.
The Customer submits an order via email, letter, any other electronic or paper form or via telephone and WeAreDevelopers accepts the order either by sending a written confirmation to the Customer or by starting with the performance of the ordered Service. The content and provisions of the order confirmation are substantial parts of the Service Contract.
The Customer orders a Service through an online form on the Website. The content and provisions of the ordered Service on the Website are substantial parts of the Service Contract.
The content and provisions of a Service Contract and any other subsequential Service Contracts between WeAreDevelopers and the Customer are deemed to be part of the Business Relationship and are therefore governed by these T&C and the supplementary terms and conditions for the respective Service as stated in the appendix to these T&C.
The Customer is bound by any order it submits and may not revoke or cancel its order.
WeAreDevelopers is not bound to accept an order submitted by the Customer and reserves the right to refuse any order without specifying further reasons or explanations. In such a case WeAreDevelopers will notify the Customer about the refusal at short notice.
Company Account
The Customer may obtain a Company Account on the Website in order to use certain Services provided by WeAreDevelopers (e.g. Job Ads, Company Page, etc.).
The Company Account itself is free of charge for the Customer and will enable the Customer to place orders for certain (paid) Services through the Website and use these Services.
The Customer will obtain access to its Company Account by one of the following methods:
Self-registration: The Customer registers a Company Account on the Website by submitting the respective registration form and accepting these T&C.
Assisted Registration: WeAreDevelopers creates a Company Account on behalf of the Customer (e.g. upon receipt of a respective Order). In such a case, WeAreDevelopers will provide the Customer with access information and login credentials right after the creation of the account.
All existing contracts, orders or purchases will be linked to the Customer’s Company Account.
The Customer agrees to use the Company Account for business purposes only.
The Customer agrees to provide true, accurate and complete information in the Company Account and to regularly maintain the Company Account in order to ensure the truthfulness, accuracy and completeness of the account.
The Customer is entirely responsible for safeguarding and maintaining the confidentiality of its access data, username and password for its Company Account.
WeAreDevelopers reserves the right, at our sole discretion, to accept or reject a registration for a Company Account, as well as to suspend or terminate any Company Account for any reason.
Prices
If not otherwise agreed, the applicable prices and fees for the Services are based on the price lists published on the website under
www.wearedevelopers.com/business/
or in the respective order forms or quotes made available to you by WeAreDevelopers.
WeAreDevelopers and the Customer may agree on individual prices on a case-by-case basis for each Service or for other services that are not listed on the website.
All prices are stated exclusive of VAT unless indicated otherwise.
Payment Conditions
Unless otherwise agreed or stated in the appendix for each Service, WeAreDevelopers issues invoices immediately upon the receipt of the Order and reserves the right to demand payment in advance.
WeAreDevelopers provides invoices in electronic form by email to the email address provided by the Customer.
Invoices are payable immediately upon receipt free of charge and without any deduction.
Payments by the Customer have to be made to the account indicated on the invoice of WeAreDevelopers.
If the Customer fails to comply with the payment target, WeAreDevelopers is entitled to demand payment of interest in the amount of 9,2% (percent points) p.a. above the latest base interest rate set by the European Central Bank as of the due date. Additionally, WeAreDevelopers is entitled to charge a fixed handling fee of EUR 30.00 plus VAT for each dunning notice.
In the case of default in payment, the Customer is obliged to reimburse WeAreDevelopers all related reasonable costs of collection, including costs for lawyers, as well as all other court and non-court related costs.
In the case of default in payment, any agreed or granted discounts for the Services ordered by the Customer shall become invalid.
In the case of default in payment, WeAreDevelopers is entitled to suspend fully or partially the performance of any Services until the complete payment of all open invoices has been made by the Customer. Furthermore, WeAreDevelopers shall not be obliged to provide further Services until all outstanding amounts have been paid.
Claims from the Customer against WeAreDevelopers do not entitle the Customer to withhold any agreed payments.
Obligations of the Customer
The Customer is obliged to cooperate with WeAreDevelopers in order to ensure the proper supply of the Services.
The Customer will make sure to provide WeAreDevelopers on time with all information and materials WeAreDevelopers requires for the performance of the Services.
The Customer will ensure that all provided information and materials are complete and accurate.
The Customer may not use the Website and Services for any purpose for which they were not intended.
The Customer is obliged to comply with all applicable laws and regulations related to the Business Relationship with WeAreDevelopers.
The Customer may not, whether by itself or anyone on its behalf, use our Service for any illegal, immoral, unlawful or unauthorized purposes.
The Customer ensures that any content it provides to WeAreDevelopers, publishes or uses on WeAreDevelopers’ website, digital channels, offline channels, media or events is free of third-party rights or that the Customer has obtained and disposes usage rights for such content. The Customer is obliged to indemnify and hold WeAreDevelopers harmless from any third-party claims arising from the use of content provided by the Customer.
The Customer will not copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, combine, scrape, systematically download or disassemble any portion of the website, software, material or content made accessible by WeAreDevelopers on or through the Service.
Additional Service-related obligations of the Customer are outlined in the respective appendix for each Service.
Commercial Communication
The Customer agrees to be contacted by WeAreDevelopers by email, direct mail, social media or telephone in relation with commercial offers related to the Services, including for the time after the end of the Business Relationship. The Customer may opt-out from such communication at any time by sending an email with the respective opt-out notice to info@wearedevelopers.com
Intellectual Property and Usage Rights
The Website, the Service, the Content, the WeAreDevelopers’ 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 (the, “Intellectual Property”), are owned by and/or licensed to WeAreDevelopers 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 WeAreDevelopers and its licensors.
The T&C do not convey to you an interest in or to WeAreDevelopers’ Intellectual Property but only a limited revocable right of use in accordance with the Contract and the T&C. Nothing in the Contract or T&C constitutes a waiver of the WeAreDevelopers’ Intellectual Property under any law.
To the extent you provide any feedback, comments or suggestions to WeAreDevelopers (the “Feedback”), WeAreDevelopers shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any WeAreDevelopers current or future products, technologies or services and use the 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 WeAreDevelopers to comply with any additional obligations with respect to any WeAreDevelopers current or future products, technologies or services that incorporate any feedback.
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.
WeAreDevelopers reserves the right to use the content provided by you through the Service, website and/or any other medium currently invented or invented in the future for marketing purposes. This includes usage of the content on the website, within the Service and in marketing campaigns (e.g. to promote the Companies job offers publicly). WeAreDevelopers is 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. You waive and agree to never assert any copyrights in and to all of the materials licensed in this section.
Warranty and Limitation of Liability
WeAreDevelopers does not assume any warranty that the Customers’ expectations of the Services offered are met.
The Customer shall have no claims for damages against WeAreDevelopers of whatever type, irrespective of the legal basis therefore, unless these claims are based on culpable loss of life, bodily injury, impairment of health, intent, gross negligence or culpable violation of a cardinal obligation by us or by any of our legal representatives, employees or vicarious agents.
In the case of claims for damages in connection with violation of cardinal obligations that are not based on intent or gross negligence on our part or on the part of any of our legal representatives, employees, or vicarious agents, our liability is limited to the foreseeable amount of damage or loss that is typical of the contract.
To the extent that our liability is limited or excluded, these rules shall also apply to the personal liability of our legal representatives, our employees and vicarious agents.
The liability for slight negligence of WeAreDevelopers, except for personal injuries, shall be excluded.
WeAreDevelopers is not liable for not complying with contractual duties or provisions, if the reason for non-compliance is due to circumstances beyond the control of WeAreDevelopers. This applies particularly to the cases of force majeure.
WeAreDevelopers shall not be liable for any direct, 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.
The Customer acknowledges that according to the state of technology there is no process to guarantee error-free execution of software. Therefore, WeAreDevelopers may not assume any liability for a continuous, error-free operation and a permanent usage of the Website or the Service.
No liability shall be assumed for correctness and completeness of any information on the Website. WeAreDevelopers takes no responsibility and assumes no liability for any information / content that is posted, stored, uploaded, or transmitted via the website or the Services, 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.
WeAreDevelopers shall not be liable for any kind of abuse of data or information by either the Customer or third parties.
Further, WeAreDevelopers shall not assume any liability for system failures, disturbances, data loss and viruses resulting from external attacks or any other reason.
The Customer is obliged to indemnify and hold WeAreDevelopers harmless against any third party claims resulting from the use of the Website or the Services.
Any and all claims asserted against WeAreDevelopers by the Customer shall lapse three months after such claims arise, irrespective of the time at which Sponsor becomes aware thereof.
Force Majeure
WeAreDevelopers shall be relieved of its obligations if the Contract or parts of it cannot be performed or the Service needs to be changed or terminated due to reasons or failure which result from anything beyond the reasonable control of WeAreDevelopers (e.g. extreme weather, flood, fire, terrorism, war, pandemic, governmental acts, risk to public health, etc.) or anything that would make a performance of the obligations illegal or impossible. In the event of force majeure, WeAreDevelopers shall be under no obligation to refund all or part of the amounts paid by the Customer. WeAreDevelopers shall be under no liability to the Customer which may result thereof.
Confidentiality
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to the Business Relationship between WeAreDevelopers and the Customer and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
The terms of these clauses shall apply indefinitely notwithstanding the termination of the contract.
Term and Termination
Unless otherwise agreed in writing, these T&C shall apply and remain in full force during the entire Business Relationship between WeAreDevelopers and the Customer. The Business Relationship ends when the Customer cancels his Company Account and all applicable Service-related terms have expired and the Customer no longer is using Services of WeAreDevelopers.
All provisions of these T&C that expressly or by their nature contemplate performance after the Business Relationship between WeAreDevelopers and the Customer ends, will survive and remain in full force and effect. For example, this is the case for provisions such as confidentiality, warranty, liability, payment, payment conditions, intellectual property, non-circumvention, indemnification, commercial communication, or similar.
Without limiting any other provisions of these T&C, the termination of the Business Relationship between WeAreDevelopers and the Customer for any reason will not release the Customer from any obligations incurred prior to termination or that thereafter may arise related to any act or omission prior to such termination.
Applicable Law and Place of Jurisdiction
All legal disputes which may arise out of or in connection with the Business Relationship and these T&C and/or the legal relationship between WeAreDevelopers and the Customer shall be governed by and construed under the laws of Austria without giving effect to its conflict of law rules and UN Sales Convention.
WeAreDevelopers and the Customer agree that the respective 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.
Final Provisions
WeAreDevelopers is entitled to appoint subcontractors in order to fulfill its contractual duties. In such a case WeAreDevelopers retains responsibility for the fulfillment of all duties assumed. WeAreDevelopers is entitled to transfer rights and duties in part or in whole to third parties.
WeAreDevelopers is entitled to use the data produced under the Business Relationship for analytical purposes and publish to publish the data in anonymized form.
WeAreDevelopers is entitled to use the company name and the logo of the Customer as a customer reference in marketing materials. The Customer may object such use in written form at any time.
A breach by the Customer against these T&C or any of the listed obligations (the “Customer’s Fault”) entitles WeAreDevelopers to suspend the performance of the Services or in certain cases to terminate the Business Relationship and all contracts and agreements with immediate force. WeAreDevelopers will not be responsible for any damage, costs or losses the Customer sustains directly or indirectly from a suspension of the Services or termination of the Business Relationship. WeAreDevelopers will have no obligation to refund any amounts that have already been paid by the Customer and the Customer will reimburse WeAreDevelopers on written demand for any verifiable damage, costs or losses that have arised directly or indirectly from the Customer’s Fault.
Should any provision of these T&C (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 that most closely corresponds to the economic purpose of the invalid or ineffective provision.
Any changes, amendments and side agreements to these terms are only valid if they are made in writing. This shall also apply to any agreed waiver of the written form requirement.
WeAreDevelopers provides its customers with space on the Website for the purpose of the promotion of job advertisements.
Job advertisements are available in different variations as specified on the Website (e.g. “Job Ad Light”, “Job Ad”, “Job Ad Plus”). The detailed specification of each variation of job advertisements regarding its features, duration and prices are published on the Website. WeAreDevelopers reserves the right to change the name, content, duration, price or features of a variation, to discontinue a variation or to roll out new variations at any time. For reasons of simplicity and better understanding any of these variations are hereinafter referred to as “Job Ads”.
The Customer is entitled to publish Job Ads on the Website under the terms of the T&C and these supplementary Terms for Job Ads.
The Customer will have access to its Company Account on the Website in order to be able to publish, edit and remove its Job Ads, as well as to view and manage applications from candidates.
The Customer is responsible to provide all necessary information and material for the Job Ad and will make sure that all provided and published information and material are accurate and comply with applicable laws.
Job Ads will be published at the time agreed in the confirmed Order. If no specific date is defined, Job Ads will be published immediately upon submission by the Customer.
The publication duration of a Job Ad is defined in the Service Contract and starts with the first day a Job Ad is published.
The number of Job Ads agreed in the Service Contract can only be used if the Job Ads are published within the term of the Service Contract. With the expiration of the Service Contract any remaining number of unused Job Ads lapse.
A Job Ad can only be used for a single job position.
The Customer can review applications to Job Ads in its Company Account on the Website (a login is required to view applications) during the period when the respective Job Ad is active and 14 days after the respective Job Ad expires. WeAreDevelopers may, at its sole discretion, allow the Customer to view the applications for the Customer’s Job Ads for a certain limited period after the expiration of the Job Ads.
WeAreDevelopers reserves the right to perform a quality check on each Job Ad in order to ensure the best user experience on its Website. If a Job Ad fails the quality check, WeAreDevelopers will immediately inform the customer and offer consultation for possible improvements on the Job Ad.
WeAreDevelopers reserves the right to apply minor changes to the content or form (such as punctuation, indentation, spelling, grammar, or similar) of a Job Ad without further notice in order to improve the user experience on the Website.
WeAreDevelopers will apply major changes (such as job descriptions, or similar) to Job Ads only upon prior consultation with the Customer.
WeAreDevelopers reserves the right to refuse the publication of certain Job Ads or to remove or delete Job Ads at any time due to their content, especially in cases where the Job Ads violate applicable law, legal regulations, moral and ethical standards, quality standards, third party rights, or the T&C. WeAreDevelopers reserves the right to refuse the publication of job ads of non-direct employers or companies with activities similar to the activities of WeAreDevelopers.
WeAreDevelopers is not liable or responsible for any supplied data, information or material published by the Customer. In that regard, the Customer shall indemnify and hold WeAreDevelopers harmless against any third party claims.
WeAreDevelopers does not warrant that a Job Ad of the Customer will receive a certain number of candidate applications.
WeAreDevelopers does not warrant that the qualifications of the submitted applications to Job Ads of the Customer meet the criteria of the respective Job Ad.
Further, WeAreDevelopers does not warrant that an employment contract will be concluded between the Customer and a candidate through the usage of the Services.
WeAreDevelopers does not act as an agent for the Customer or the candidates. Any agreements created between the Customer and candidates are not binding on WeAreDevelopers. WeAreDevelopers is not liable for, or obligated to enforce, any agreements between the Customer and candidates. The Customer will not consider WeAreDevelopers, nor will WeAreDevelopers be construed as a party to such agreements. WeAreDevelopers will not be liable for any costs or damages arising out of or related to such agreements. In that regard, the Customer shall indemnify and hold WeAreDevelopers harmless against any third party claims.
In order to improve the Service and the user experience on the Website, WeAreDevelopers reserves the right to change the visual presentation of Job Ads at any time without further notice.
Company Page / Brand Page
WeAreDevelopers provides the Customer with space on the Website for the purpose of promoting the company of the Customer (the “Company Page”, “Brand Page”).
The Company Page contains information about the company of the Customer such as name, location, company description, company values, benefits, and similar other information. The Company Page further aggregates and displays all available published Job Ads of the Customer. The Customer can publish additional content in the form of text, video or images on its Company Page with the goal to present the Customer as an attractive brand.
The Customer is entitled to publish the Company Page on the Website under the terms of the Service Contract and these T&C.
The Customer will receive login credentials in order to access its account on the Website and to be able to publish, edit and remove its Company Page.
The Customer is responsible to provide all necessary information and material for the Company Page and will make sure that all provided and published information and material are accurate and comply with applicable laws.
The Company Page will be published at the time agreed in the Service Contract. If no specific date is defined, the Company Page will be published immediately upon submission by the Customer.
The publication duration of a Company Page is defined in the Service Contract and starts with the first day when the Company Page is published.
WeAreDevelopers reserves the right to perform a quality check on the Company Page in order to ensure the best user experience on its Website. If a Company Page fails the quality check, WeAreDevelopers will immediately inform the customer and offer consultation for possible improvements on the Company Page.
WeAreDevelopers reserves the right to apply minor changes to the content or form (such as punctuation, indentation, spelling, grammar, or similar) of the Company Page without further notice in order to improve the user experience on the Website.
WeAreDevelopers will apply major changes (such as company description, location, or similar) to the Company Page only upon prior consultation with the Customer.
WeAreDevelopers reserves the right to refuse the publication of the Company Page or to remove or delete the Company Page at any time due to its content, especially in cases where the Company Page violates applicable law, legal regulations, moral and ethical standards, quality standards, third party rights, or the T&C.
WeAreDevelopers is not liable or responsible for any supplied data, information or material published by the Customer. In that regard, the Customer shall indemnify and hold WeAreDevelopers harmless against any third party claims.
In order to improve the Service and the user experience on the Website, WeAreDevelopers reserves the right to change the visual presentation of the Company Page at any time without further notice.
Recruiting Service (Pay-per-Hire)
The scope of the Recruiting Service shall be the search, selection and nomination of candidates (the “Candidates”) by WeAreDevelopers for open job positions of the Customer.
The price for the Recruiting Service is defined in the Service Contract and, unless otherwise agreed, consists of:
Setup Fee/Service Fee: A fixed non-refundable fee, payable immediately after the conclusion of the Service Contract.
Success Fee: The Customer shall pay a Success Fee for each placement generated through the Service. The amount of the Success Fee is defined in the Service Contract and is calculated based on the gross annual target salary, including all potential or guaranteed bonus payments, commissions, any type of allowances and any other form of compensation the Candidate receives during their first year of employment from the Customer.
Other fees: If defined in the Service Contract the Customer may be charged additional fees for the use of the Service.
A placement is defined as any form of temporary or permanent employment, agreement, contracting, freelancing or other use of a Candidate by the Customer (the “Placement”, the “Hire”).
WeAreDevelopers may contact the Customer to request status updates about the ongoing recruiting process with nominated Candidates.
In order to increase the Customers chances for a successful placement the Customer agrees to take best efforts in providing a good recruitment experience for the nominated Candidates during the hiring process.
The Customer will get in touch with nominated Candidates within three business days after they have been submitted by WeAreDevelopers.
The first interview between the Customer and a nominated Candidate shall be scheduled no later than two weeks after the initial contact between the Candidate and the Customer.
The Customer shall answer inquiries from the Candidate within three business days.
The duration between the initial contact of the Customer and the Candidate and the successful placement shall not be longer than 45 days (including all interview stages and the issuance of a job offer).
The Customer shall provide WeAreDevelopers feedback on newly nominated Candidates within three business days.
The Customer shall inform WeAreDevelopers immediately if the Customer decides to change any of the requirements of a job position.
The Customer shall provide WeAreDevelopers weekly feedback on the status of nominated Candidates who are still in an active recruiting process with the Customer.
The Customer shall answer requests and inquiries by WeAreDevelopers about the ongoing recruiting process within two business days.
If any of these obligations are violated, WeAreDevelopers is entitled to terminate the Service Contract with immediate effect and with no obligation to issue any refunds.
The Customer shall notify WeAreDevelopers within three business days when a Candidate and the Customer have reached an agreement (e.g. the Candidate has accepted an employment offer), an employment contract has been signed, a freelancing contract has been signed, or any other type of work engagement or similar has been agreed on between the Customer and the Candidate. The Customer shall provide WeAreDevelopers with detailed information about the agreed gross annual target salary and any other form of compensation with the Candidate. On request, the Customer shall provide WeAreDevelopers with a copy of the original signed contract between the Candidate and the Customer. Not disclosing a Placement or disclosing a Placement with wrong information will result in a contractual penalty that shall not be less than five times the financial loss caused through this action with a minimum penalty of EUR 30,000 that is immediately payable to WeAreDevelopers.
The Success Fee will be invoiced and is payable immediately upon an agreement between the Customer and the Candidate has been reached.
The Success Fee applies to Placements of Candidates within 24 months after the Candidate has been presented or nominated by WeAreDevelopers to the Customer. This clause is not affected by the termination of the Service Contract or the Business Relationship.
The Success Fee also applies if the Candidate has been hired by a connected company of the Customer (e.g. a subsidiary).
The Customer agrees to not circumvent the Service by any means, for example by hiring the Candidate through a third-party.
The Customer may be exempted from paying the Success Fee by providing proof that the Candidate has already been in an active hiring process within the past three months before the Candidate was introduced by WeAreDevelopers. The Customer has to notify WeAreDevelopers and dispute the Success Fee within five working days, including detailed proof of the subject matter, after the Candidate has been introduced by WeAreDevelopers, otherwise the Success Fee shall apply in its full amount. An active hiring process has happened if (1) the Customer has approached the Candidate, (2) the Candidate responded positively and (3) a first meeting between the Candidate and the Customer has taken place. If any of these three conditions is not met, the Success Fee shall apply in its full amount.
The Success Fee shall also apply in its full amount if a Candidate has been in the process with WeAreDevelopers regarding the job positions of the Customer and the Candidate applies directly to the Customer before WeAreDevelopers could present the Candidate to the Customer. In such a case WeAreDevelopers will provide proof to the Customer about the subject matter.
If a Candidate is hired for less than 12 months, the Success Fee will still be calculated and due based on the corresponding yearly salary (e.g. if a candidate is hired for a 9 month period, the salary basis used for the calculation of the Success Fee will be extended to a 12 month period).
In the event of the lawful termination of the contract either by the Customer or the Candidate within three months after the effective start date or if the candidate decides not to start the employment after an contract has been signed, WeAreDevelopers will search for a replacement candidate for the period of 90 days free of charge beginning with the date of termination and under the following terms:
The position for the replacement candidate is the same as for the initial placement.
No replacement shall apply if the Customer decides not to start the employment after an offer has been extended to and accepted by the Candidate.
No replacement shall apply if the reason for Termination is due to restructuring, an economic layoff, a modification or change of the Candidate’s position, bankruptcy of the Customer, or if the Termination was unlawful.
All open amounts due by the Customer have been paid to WeAreDevelopers in accordance with the Contract, the Service Contract and T&C.
These replacement terms do not apply to replacement candidates.
The Customer has to notify WeAreDevelopers within 3 business days when a Candidate is being rehired within 12 months after a Termination Event. In such case, the full Success Fee applies and any refunds will be reclaimed by and are payable immediately to WeAreDevelopers.
Should the Customer decide to not start the employment after an employment offer has been extended to and accepted by the Candidate, a cancellation fee of 5,000 EUR shall be paid to WeAreDevelopers.
Events
Subject of this service is the provision of services as defined in the Service Contract (the “Event Services”) by WeAreDevelopers to the Customer related to physical or virtual events as identified in the Service Contract (the “Event”) at the dates of the Event (the “Event Date”).
Depending on the content of the Service Contract, Event Services may contain (but are not limited to) services such as
the provision of space (the “Booth Space”) for the participation in an exhibition or fair (the “Exhibition”) at the venue at which the Event takes place (the “Venue”),
the provision of services related to the participation of the Customer in the conference agenda of the Event, such as the performance of keynotes, presentations, workshops, trainings, participation in panels, or similar activities performed by the Customer’s representatives at the Event (the “Speaking Session”),
the provision of meeting, workshop, storage or any other type of rooms during the Event (the “Room Rental”, “Room Rental Services”),
the provision of Event tickets of various categories (the “Tickets”),
the provision of advertising and branding services, such as venue branding, stage branding, lounge branding, flags, banners, floor branding, lanyard branding, badge branding, congress bag branding, display ads, video ads, print ads, brochures, digital screen ads, logo placement, product placement or similar during the Event (the “Advertising & Branding Services”),
the organization of
the participation in side or satellite events hosted by WeAreDevelopers,
the access to the official mobile application of the Event (the “Event App”),
the provision of lead scanning tools and services for exhibitors,
the performance of individual marketing activities before, during and after the Event, or
the provision of any other individual services as described in the Service Contract.
Unless expressly agreed in the Service Contract, all services are granted on a non-exclusive basis and WeAreDevelopers is entitled to have multiple customers from any industry and for any service or activity.
WeAreDevelopers is entitled to refuse the Customer’s participation at the event (e.g. refuse entry to the Event) until all obligations of the Customer as per the Service Contract have been met (e.g. all agreed fees have been paid).
The Customer is obliged to ensure that WeAreDeveloeprs receives all relevant information and material in good time in order to be able to perform the agreed Services. If the Customer fails to comply with this clause, WeAreDevelopers does not warrant a flawless and proper performance of the Service and will not be liable for any consequences in that regard.
Exhibition, Booth Location, Booth Space, Booth Stand
WeAreDevelopers will inform the Customer in advance of the Event about the location of the Booth Space assigned to the Customer in the Venue (the “Booth Location”).
As a basic principle booth locations are assigned at our freely exercised discretion based on availability of free booth locations. A reservation for a specific booth location needs to be confirmed by WeAreDevelopers in writing and is only valid if the contractual payment by the Customer has been made. If the Customer is default in payment WeAreDevelopers is entitled to award a reserved booth location to another party or utilize the space for other purposes.
The Customer is solely responsible to equip and set-up the assigned Booth Space with a stand (the “Booth Stand”) at the Customer’s expense.
The Customer shall appoint a professional contractor acceptable to WeAreDevelopers for building, setting up and removing the Booth Stand.
The Booth Stand must meet all criteria agreed in the Service Contract and these T&C, as well as all other regulations, especially any public safety regulations, set by WeAreDevelopers, the owner or manager of the Venue (the “Venue Owner”), and official authorities.
The Customer shall ensure that any material used for its booth or any other construction is fireproof and complies with all safety requirements set by WeAreDevelopers, the Venue, and official authorities.
The Booth Stand will be subject to approval by WeAreDevelopers.
WeAreDevelopers will grant the Customer access to the Venue before (the “Setup Dates”) and after (the “Tear-down Dates”) the Event to allow for the set-up and removal of the Booth Stand. The exact dates will be communicated to the Customer in advance of the Event in the respective manual (the “Exhibition Manual”, “Sponsoring Manual”, “Partnership Manual”).
The Customer shall occupy its Booth Space and finish the setup of the Booth Stand at the latest on the final day of the Setup Dates.
The Customer shall dismantle and remove the Booth Stand, including all constructions, materials or any other property, from the Booth Space and the Venue after the Event at the latest on the final day of the Tear-down Dates. If the Customer fails to do so, WeAreDevelopers will at its discretion organize the removal, whereas the Customer will be liable for the costs of such. WeAreDevelopers will not be liable for any loss or damage of the Customer’s property during or after the removal.
Speaking Sessions
WeAreDevelopers will provide the Customer with a Speaking Session of the type, format and duration at the Event as agreed in the Service Contract.
The speaker and the content nominated by the Customer for the Speaking Session are subject to approval by WeAreDevelopers. WeAreDevelopers is entitled to request changes regarding the speaker or content of the Speaking Session in order to ensure the best experience for the Event attendees.
WeAreDevelopers reserves the right to reschedule the Speaking Session or to change the location (stage) at which the session is performed under certain circumstances which require such changes.
WeAreDevelopers does not warrant that a specific amount of attendees will participate at the Speaking Session of the Customer.
If the Customer fails to attend the Speaking Session at the agreed time, WeAreDevelopers is entitled to replace the Speaking Session with another different session at its sole discretion without the obligation to offer the Customer a replacement session.
Room Rental Services
The Customer shall get access to the rented rooms at the times agreed in the Service Contract (the “Rental Period”).
The setup of any additional technical equipment or infrastructure in the rented rooms is in the sole responsibility of the Customer, if not otherwise agreed in the Service Contract.
The Customer is responsible for keeping the rented rooms in a clean and tidy state at all times within the Rental Period.
The Customer shall be liable for any loss or damage in the rented rooms during the Rental Period.
The Customer shall ensure that all materials, equipment and any other property brought to the rented rooms by the Customer are removed at the end of the Rental Period and the room is left in a clean and tidy state.
Advertising & Branding Services
All material, artwork, graphics, images, videos, copy, or any other type of material provided by the Customer to WeAreDevelopers for the use in Advertising & Branding Services (the “Advertising Material”) are subject to approval by WeAreDevelopers.
WeAreDevelopers reserves the right to refuse the usage of Advertising Material at its sole discretion, especially in cases where such Advertising Material violates applicable law, legal regulations, moral and ethical standards, quality standards, third party rights, or the T&C.
WeAreDevelopers will undertake reasonable efforts to provide the Advertising & Branding Services in the format, type, size, position and manner specified in the Service Contract. However, WeAreDevelopers shall not be liable to the Customer where reasonable modifications or changes to the agreed Advertising & Branding Services (e.g. format, size, position, material, or similar) are applied.
Tickets
The Customer shall receive the category and number of tickets to the event as defined in the Service Contract. Unless otherwise agreed in the Service Contract, the use of all tickets is subject to the Terms & Conditions for Event Participants available on the Website. The Customer is obliged to ensure the users of the Tickets who are designated by the Customer acknowledge the application of the Terms & Conditions for Event Participants.
Obligations of the Customer
The Customer acknowledges and agrees to the Code of Conduct for participants of the Event stated on the Website.
The Customer shall comply with all regulations, guidelines, instructions or directions issued by WeAreDevelopers, the Venue Owner, or any official authorities.
The Customer and its representatives shall at all times conduct themselves in an orderly manner and in a way that does not cause any disruption or annoyance to other visitors, companies or exhibitors.
The Customer shall operate its booth for the entire duration of the Event.
The Customer will ensure that its booth is operated by competent representatives during the entire duration of the event.
The Customer will ensure that its representatives are dressed appropriately. Any form of nudity is strictly prohibited.
The Customer must maintain its booth in a clean and tidy condition for the duration of the event.
The Customer is prohibited to sell goods or services, for cash or otherwise, inside the Venue without prior written approval from WeAreDevelopers.
The Customer shall conduct its business and commercial activities, including the distribution of advertisements or commercial material, only at the Booth Location (gangways are not part of the Booth Location) or at locations agreed in the Service Contract or approved by WeAreDevelopers in writing. The Customer will not under any circumstances canvass Event visitors or other companies elsewhere in the Venue.
The Customer is prohibited to affix advertisements or commercial material anywhere in the Venue except at the locations agreed in the Service Contract or approved by WeAreDevelopers in writing.
Outboarding is strictly prohibited. Outboarding is when the Customer undertakes any activities that encourage participants of the Event to leave the Venue (e.g. in order to attend another event).
Animals, unless being registered service animals, shall not be brought to the event.
The Customer will not take part in any activity that may obstruct the safety of the Event, employees, visitors, other companies or similar.
The Customer will not bring any explosive, inflammable, harmful or any other dangerous or illegal substances.
The Customer will ensure that its constructions, goods, materials or any other property are not placed in a way that obstructs public safety or is inconvenient to other visitors or other companies.
House Rules
The right to make and enforce house rules at the Event rests exclusively with WeAreDevelopers.
Assignability
The Customer may transfer the right and obligation to maintain its booth at the Event to third parties only with our consent. We will not refuse this consent to assignment without objective reasons, but we do reserve the right to charge a transfer fee.
Changes to the Event Location, Venue, Time, Format and Layout
WeAreDevelopers reserves the right to change on its sole discretion without liability the location and size of the Venue, the dates and timings of the Event, the term or duration of the Event, the layout of the Venue, the Event format, the content of the Event and any other technical or administrative details of the Event.
WeAreDevelopers will use reasonable endeavors to inform the Customer of any changes to the Event which have an impact on the Customer’s right under the Service Contract.
The Customer acknowledges that such changes may be required for the benefit and safety of the Event and the Event participants as a whole. In the event that any material changes are harmful to the Customer, WeAreDevelopers may at its sole discretion and without obligation apply a pro rata reduction to the fees or part of them to compensate the Customer for any material detriment or offer at its sole discretion another form of compensation (e.g. exchange of Service).
Force Majeure
WeAreDevelopers shall be relieved of its obligations if the Service Contract or parts of it cannot be performed or the Service needs to be changed or terminated due to reasons or failure which result from anything beyond the reasonable control of WeAreDevelopers (e.g. extreme weather, flood, fire, terrorism, war, pandemic, governmental acts, risk to public health, etc.) or anything that would make a performance of the obligations illegal or impossible. In the event of force majeure, WeAreDevelopers shall be under no obligation to refund all or part of the amounts paid by the Customer. WeAreDevelopers shall be under no liability to the Customer which may result thereof.
Miscellaneous
WeAreDevelopers reserves the right to require the Customer to cease any activity at the Event or remove any material from the Event at WeAreDevelopers’ sole discretion.
If the Customer is in breach of the Service Contract, these T&C, or is otherwise engaged in any activity that might jeopardise the safety of the Event, visitors, other companies or exhibitors, WeAreDevelopers reserves the right to close the Booth Stand, remove the Customer’s representatives from the Event and refuse the performance of any Service without liability to the Customer and without the obligation to refund or compensate any amounts to the Customer.
WeAreDevelopers reserves the right to refuse any person admission to the Event or to remove any person from the Event.
The Customer is not permitted to share the Booth Space with any entity that is not the Customer itself or a company within the Customer’s group of companies without prior approval by WeAreDevelopers in writing. WeAreDevelopers reserves the right to charge the Customer additional fees as condition for such approval.
The Customer shall be liable to WeAreDevelopers for any costs of making good, restoring or replacing damages caused by the Customer, its representatives or contractors in the Venue.
The Customer is liable to Event visitors for any damage and/or losses suffered by the latter as a result of any violation of the duty to ensure public safety within the assigned Booth Space and/or caused by items the Customer has brought to the Event. The Customer shall indemnify WeAreDevelopers and hold WeAreDevelopers harmless from and against claims by visitors in this regard.
All items brought to the Venue by the Customer are brought at the Customer’s own risk. Claims concerning damage to items brought onto the Venue grounds by the Customer must be asserted in writing according to the grounds for the claim within a limitation period of 14 days after the damage occurs. WeAreDevelopers is only obliged to compensate for the damage if the reason for the damage is intent or gross negligence by WeAreDevelopers.
In the case that the Customer has not yet occupied its Booth Space on the final day of the Setup Dates or the Customer does not participate at the Event as agreed per the Service Contract (“No Show”), the Customer shall be liable for a contractual penalty amounting to 25% of the amount for the respective service in the Service Contract. WeAreDevelopers is entitled to use the Booth Space for other purposes without liability to the Customer and without obligation to refund any amounts to the Customer.
The obligation to pay the agreed contractual amount is kept upright, even if the Customer does not take advantage of the agreed Service or does not show up at or attend the Event. The assertion of any further damages and claims by WeAreDevelopers shall remain unaffected by this.
The Customer acknowledges and agrees to the video recording, sound recording and photography of the Event, which may include the Customer and its representatives. WeAreDevelopers is entitled to use any such recordings or photography without limitation for any promotional, marketing, commercial or any other purpose.
