Welcome to Deckx!
Our Terms of Use are divided into 2 sections:
- Section 1: Terms of Service is where you will find information about Deckx’s services and your responsibilities when you use our services.
- Section 2: Fees Agreement is where you will find details about the fees you’ll pay us when you hire successfully through Deckx, and how refunds work.
Please review these terms with care and don’t hesitate to contact us on [email protected] if you have any questions.
About These Terms
Deckx offers a way for Employers and Developers to connect.
These Terms are entered into by Deckx (defined below) and the person agreeing to these Terms by accessing and using the Services (defined below). These Terms govern your access to and use of our Service.
These Terms are effective from the Effective Date.
These Terms refer to some additional terms including our Privacy Policy, Cookie Declaration and Code of Conduct. These other terms also apply to your use of our Services so it’s important to read and understand them.
Section 1: Terms of Service
Definitions
💡 We use certain words repeatedly in these terms and this section defines those words in a simple way. When a word is capitalised in these terms, it will have a corresponding definition listed here.
“Candidate”
means a prospective employee seeking employment opportunities through our Platform and in the context of these Terms, this means you, the person agreeing to these Terms
“CTC”
stands for Cost to Company and means the total annual remuneration package of an employee, inclusive of basic salary, reimbursements, allowances, benefits and bonuses
“Effective Date”
means the date you use the Service, create an account with us and/or use or licence the Service or any part of the Service
“Employer”
C individuals who represent those companies means companies that have signed up to the Platform with the intention to recruit Candidates, or to the individuals who represent those companies
“GAS”
stands for Gross Annual Salary and means the total annual remuneration package of an employee before any deductions or taxes and inclusive of benefits, bonuses and payment in lieu of holiday days
“Identification”
means the act of clicking on a Candidate to view the Candidate’s details, and/or viewing a Candidate on a list or card through the Employer’s profile on the Platform
“Interview Request”
means a non-binding expression of interest sent via the Platform from an Employer to a Candidate
“Job Offer”
is a formal, binding offer of employment directed by an Employer to a Candidate
“Deckx”,
“us”,
“we”, and
“our”,
means collectively, as the context of these Terms may require Deckx s.r.l.
“Platform”
means Deckx’s software as a service or SaaS offering of a technical talent marketplace, as detailed on our Website
“Programme”
means an additional offering, event or project offered by Deckx, including on or through the Website and whether in partnership with a third party or otherwise
“Service”
means the Website, Platform and any products offered by Deckx through these channels
“Start Date”
means the first working day of a Candidate at an Employer
“Success Fee”
is the fee charged to Employers by Deckx on the successful hire of a Candidate
“Terms”
means these terms of use
“Website”
means our website www.Deckx.com.
Deckx’s Services
💡 Summary: Deckx provides you with access to an online marketplace of candidates who are actively interviewing. It’s important to note that we don’t perform background checks on candidates.
We occasionally offer additional Programmes which you may have the option to participate in.
We provide Employers with access to the Platform and an online marketplace of Candidates who are actively seeking employment.
As an Employer, you acknowledge that our Services do not include performing background checks on Candidates and that you are responsible for performing due diligence on all Candidates including, but not limited to, background checks, reference checks and checks for the accuracy of Candidate provided information.
Deckx also offers participation in our Programmes when available. You may or may not be eligible to participate in a Deckx Programme when offered. Terms and conditions applicable to a Deckx Programme will be provided to you and you can decide whether you would like to participate in such a programme or not.
You understand that where Deckx Programmes are offered in partnership with any third parties, further terms and conditions of such third parties may be applicable to you and if you agree to participate in such a programme, you agree to be bound by those further terms and conditions. Deckx reserves the right to limit application to and/or for participation in any Deckx Programme at its discretion.
Your Account, Roles and Responsibilities
💡Summary: To use Deckx’s services you’ll need to register an account. Once your account is active, you’ll have access to our candidate list. Your first communication to a chosen candidate must be an interview request via the platform. Please don’t circumvent our process; if you do, you’ll have to pay a penalty fee.
Once a candidate accepts a job offer from you, please share the relevant details within 5 days so we can process payment.
You’ll need to register an account with us to use the Service. In doing so, you must provide us with information on the person who will be the point of contact for these Terms, such as their email address and name, so our Deckx account managers can assist you.
Account passwords or other user identification log in details must be treated as confidential. If you know or suspect that someone else is using your user account password or log-in details, please notify your account manager.
Subject to these Terms, you retain ultimate administrative control over your account and the content within it.
After your registration as an Employer has been accepted by Deckx, you will be able to browse Candidates on the Platform and start to submit Interview Requests.
Once you have identified a Candidate on Deckx, you agree to initiate communication with the Candidate exclusively via an Interview Request. The Employer and the Candidate may use other means of communication only once the Candidate has responded to the Interview Request.
If a Candidate accepts a Job Offer, you agree to inform Deckx within 5 (five) business days of the Candidate’s acceptance and provide us with the details of the Job Offer in writing, including the Start Date, remuneration and duration. A copy of the final accepted job offer or the employment contract will suffice. Where an Employer does not provide these details in a timely manner or provides insufficient or incorrect details, Deckx is entitled to estimate both the Candidate’s remuneration and Start Date and invoice according to this estimation.
You agree not to circumvent or attempt to circumvent Deckx by communicating with and hiring a Candidate after you’ve Identified the Candidate on the Platform, outside of Deckx’s process set out in these Terms or on our Website. If you do this, there will be a penalty fee of up to 12.5% (twelve point five percent) excluding VAT, of the Candidate’s annual CTC/GAS or the local equivalent term, in addition to the Success Fee and your access to Deckx may be suspended or denied.
General
💡 Summary: We offer additional programmes that you may be eligible to participate in, and these will have their own terms to consider. We provide all our services without any guarantee and we may cancel your access to any of our services at any time.
You own all the data and content you provide us with, and we’ll only use and share your data to provide you with our service. We take your privacy seriously and will treat your information with respect. You agree to keep all information you gain using our services secure and confidential.
Our terms are governed by the laws of the Netherlands and the Republic of South Africa. Deckx is indemnified by you against claims resulting from your use of our services.
Deckx Programmes
You may or may not be eligible to participate in a Deckx Programme when offered. Terms and conditions applicable to a Deckx Programme will be provided to you and you can decide whether you would like to participate in such a programme or not. You understand that where Deckx Programmes are offered in partnership with any third parties, further terms and conditions of such third parties may be applicable to you and if you agree to participate in such a programme, you agree to be bound by those further terms and conditions.
Deckx reserves the right to limit application to and/or for participation in any Deckx Programme at its discretion.
Cancellation
We may cancel or terminate your access to any Services at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Aside from any existing and approved refunds which were owing to you prior to cancellation, you will not be entitled to any kind of compensation if you request to cancel or terminate your account, any Service or participation in an Deckx Programme and will continue to be liable for any remaining payment obligations to Deckx.
Privacy
Any personal data you share with us including our interactions with you will be treated in accordance with our Privacy Policy which can be accessed on our Website (www.Deckx.app/privacy) and will be updated from time to time as required. All questions around Deckx’s Privacy Policy or your personal data should be directed to [email protected]
Confidentiality
You agree to keep all information gained from using Deckx and/or any Service confidential.
You agree not to publish or disclose to third parties the names and/or identities of the Candidates whose profiles have been viewed on the Platform. You also agree to keep information about Interview Requests confidential. You undertake to implement and maintain all necessary physical, technical and administrative measures to protect the content obtained through the Platform against loss, improper use, unauthorised access, disclosure, alteration or destruction.
You agree to keep your login details secret and not to divulge them in any form to any person or, in the case of company members, to any other company member.
Licence and Ownership
You own all the data and content you provide to us to use the Service and upload to the Platform. In order for us to provide the Service to you, you grant us a worldwide, irrevocable, perpetual, free of charge right and licence to access, store, host, modify, transmit and otherwise use your content and data as required to provide the Service and make it available to third parties eg. potential Candidates. You are solely responsible for securing and backing up your data and content.
Deckx owns all rights, titles and interest in the Service, all information, material, or content provided by Deckx related to the Service or contained within the Service, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights in the Service, which shall remain with Deckx and its licensors. Deckx expressly reserves all rights in the Service and you shall obtain no ownership or other rights in the Service or any part thereof by virtue of your use.
Publicity
Deckx may, with prior consent from the Employer, include the name of the Employer in any document or website for marketing and publicity purposes.
Indemnification
You agree to indemnify, defend and hold harmless Deckx, its employees, officers, directors, affiliates, successors and permitted assigns (“Deckx Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) which arise out of or relate to any claim or cause of action brought or asserted by third party:
- relating to your breach of these Terms, your use of the Service or the use of the Service by any person using your account
- alleging your negligent or more culpable acts or omissions
- alleging that the data you provided to us to perform the Services infringes the rights of or causes harm to any third party
- relating to any failure by you to comply with applicable laws and regulations
Disclaimer
The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Applicable Law and Jurisdiction
These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms or their formation (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy.
We may amend these Terms from time to time on notice to you. By using the Service you agree to be bound to the version of our Terms published here at the time of any visit to this Website.
Section 2: Fees Agreement
Success Fee
💡 Summary: For each successful hire you make, you agree to pay Deckx 12.5% of the candidate’s CTC/GAS or equivalent, within 30 days of the candidate’s start date.
If you interacted with a candidate 90 days before connecting with them on Deckx, no success fee will be charged.
If a Candidate accepts a Job Offer from the Employer within a period of 6 (six) months from the Employer’s initial Identification of the Candidate on the Platform, the Employer will be charged a Success Fee in respect of the Candidate (regardless of whether the Candidate accepts an Interview Request). Deckx internally tracks Candidate profile Identifications on Employer’s profiles.
The Success Fee is equal to 12.5% (twelve point five percent), (excluding VAT) of the Candidate’s annual total CTC/ GAS or local equivalent. Deckx will invoice the Employer within 1 (one) week of the Candidate’s Start Date and the Success Fee shall be due 30 (thirty) days after the Candidate’s Start Date.
No Success Fee will be due if you can show us you had an Active Process with the Candidate. An Active Process means that within a 90 (ninety) day period before you Identified the Candidate on the Platform, you had already interacted with the Candidate and the outcome of that interaction didn’t result in you rejecting the Candidate. Interactions include having an interview, receiving a resume following a job posting, or having a conversation via phone, text, email or via another platform.
The 90 day time frame provides a reasonable period to determine whether an Active Process has taken place and if a Success Fee should be charged or not. For example, if an Employer received a Candidate’s resume 6 months before Identification of that Candidate via the Platform but there was no action taken at that time, the Success Fee would fairly apply in respect of that Candidate. If however, this occurred 1 month before such Identification, there would be an Active Process and no Success Fee would be charged.
The responsibility to prove there was an Active Process is yours as the Employer. Deckx’s default is to charge the Success Fee. If the Employer raises an issue with fees, Deckx will work with the Employer to come to a resolution.
Fixed Term Contracting
💡 Summary: If you hire a candidate on a fixed term contract of less than 12 months in duration, you’ll pay the 12.5% success fee for the duration of the contract. If you decide to extend the duration, you’ll pay us the balance owed up to 12 months. No refund applies to fixed term contracts of less than 12 months.
If a Candidate is hired on a fixed term contract for a period of less than 12 (twelve) months the Employer will be charged a Success Fee of 12.5% of the Candidate’s total CTC/GAS or local equivalent paid for the duration of the fixed term contract. If the Candidate is made permanent or their contract of employment is extended, you agree to notify Deckx as soon as possible and you will be required to pay the outstanding portion of the Success Fee of 12.5% (excluding VAT) of the Candidate’s total CTC/GAS or local equivalent for the extended duration (up to 12 months), less the amount already paid to Deckx. You will not be eligible for a refund if the Candidate’s employment contract is terminated for any reason.
