Explanation of terms
Please read the legal terms before signing. This is a quick explanation of the platform.
- WeTal is a self-service platform where customers sign up to advertise, chat and match with candidates.
- The prices of services are to be found at www.wetal.com/services
- Note that we changed the prices 30th Dec 2022. This will not affect previous subscriptions, however WeTal reserves the right to choose not to extend subscriptions with expired prices
- Subscription costs are paid monthly by credit card or invoice that is automatically renewed if not canceled.
- To end a subscription the customers must delete the subscription before the next date of payment via the platform or an email to info@wetal.com.
- The candidates at WeTal are verified via a Linkedin profile. WeTal does not take responsibility for the in-depth screening of candidates.
- WeTal has the right to suspend any account that is misbehaving on the platform
- WeTal follows GDPR and Swedish laws
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Legal terms and conditions
These terms and conditions (the “Agreement”) shall govern any use of the WeTal platform and WeTal services, as further described and made available at wetal.com. Wetal.com is provided by WeTal Lab AB, registration no 559215-2465, address Bondegatan 45, 116 33 Stockholm, Sweden (hereinafter “WeTal”).
The Customer (as defined below) acknowledges and agrees to be bound by this Agreement either by checking a box that indicates acceptance when creating an account in the Platform (as defined below) or by executing an order with WeTal that references the Agreement. If an individual is creating an account on behalf of a company or another legal entity, that individual verifies that they have the authority to bind the entity and its affiliates to the Agreement.
1. DEFINITIONS
“Candidate” shall mean a person looking for employment or a consultancy assignment who has signed up to the WeTal Platform in order to connect with a new employer.
“Content” shall mean the images, texts, logotypes and other material submitted by the Customer to the Platform.
“Customer” shall mean a company, and its employees where applicable, who has entered into the Agreement with WeTal.
“Customer Page” shall mean the presentation page of the Customer made available through the Platform.
”Effective date” shall mean the date when the Customer created an account in the Platform.
“Order Form” shall mean an online order or other order specifying the Services to be provided hereunder that is entered into between Customer and WeTal.
“Platform” shall mean the WeTal platform available at https://wetal.com/ where Customer can purchase and use the Services.
“Purpose” shall mean the use of the Platform and Services for recruitment and hiring consultant purposes.
“Services” means the services as set out on [**].
"Service Fee" shall mean the monthly fee for the ordered Services payable by the Customer as set out in the Order Form.
“User” shall mean an employee of the Customer who will have access to the Platform and or Services through a User Account.
“User Account” shall mean an account made available for each user of the Services.
2 SERVICES
2.1 Subject to this Agreement, the Customer is granted a non-exclusive, non-transferable, limited right to access and use the Platform and ordered Services for the Purpose. Use of the Services is subject to Customer’s payment of the Service Fee in accordance with this Agreement.
2.2 WeTal provides the Platform and thereto related services directed towards Customers and Candidates where such parties may connect regarding potential employment or consultancy opportunities. Customers may also connect its consultants with other Customers. WeTal serve only as the provider of the Platform and the Services. Any communication, employment or other decisions are purely those of the Customer and Candidate.
3 Customer’s use of the services AND PLATFORM
3.1 The Customer may not use the Platform and Services for any other reason than the Purpose and only in compliance with this Agreement.
3.2 The Customer may not permit anyone other than the Customer and the Users, directly or indirectly, with or without remuneration, to use or access the Platform and Services.
3.3 Further to the abovementioned, the following shall apply regarding Content and use of the Platform and Services:
(i) WeTal reserves the right to remove Content which is deemed to be in conflict this Agreement;
(ii) WeTal is granted a non-exclusive, perpetual, royalty-free, worldwide license to republish any Content, including without limitation in print and electronic format;
(iii) Customer warrants that it holds the copyright and any other relevant rights, or has a valid license to use, any Content uploaded to the Platform;
(iv) The Customer warrants that the Content it submits is not obscene, offensive, defamatory of any person or otherwise illegal, or deliberately intended to upset users;
(v) The Customer warrants that the Content it submits is true and accurate;
(vi)The Customer acknowledges that any breach of these warranties may cause WeTal damage or loss and agrees to indemnify WeTal in full against any third-party liabilities, claims, costs, loss or damages incurred as a result of Content uploaded by the Customer;
(vii)WeTal may remove access to the Platform and/or Services if it reasonably believes that Customer is abusing the Platform and/or Services in any way;
(vii) Customer agrees not to transmit any technically harmful postings or transmissions to or through the Platform and/or Service (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse, including but not limited to hacking; and
(ix)The Customer acknowledges that the Platform enables Customer and Users to communicate with Candidates and other customers. The Customer warrants that Users will not transfer messages that are obscene, offensive, defamatory, or otherwise illegal, or is deliberately intended to upset Candidates and/or other Customers.
3.4 WeTal reserves the right to suspend Customer’s access to the Platform and Services in the event WeTal, acting reasonably, deems the Customer to be in breach of this Section 3 of this Agreement.
4. AVAILABILITY
4.1 The Platform is cloud based and provided via the Internet and actual availability is hence dependent on factors outside of WeTal’s control. WeTal shall strive to keep the Platform and Services available of no less than 360 days / year. However, WeTal makes no guarantee with regards to such availability and actual availability may be lower.
5. SERVICE FEE
5.1 As consideration for the Services, the Customer shall pay a Service Fee to WeTal. The applicable Service Fee for the ordered Services shall be set out on the Order Form. Service Fees paid are non-refundable.
5.2 Any Service Fee is stated exclusive of value-added tax, and any other applicable taxes, which shall be borne by the Customer.
6. PAYMENT
6.1 Unless otherwise agreed, Service Fees shall be paid by credit or debit card in advance.
Where WeTal and Customer agrees that Service Fees shall be paid by invoice, invoices are payable within thirty (30) days from the date of the invoice being issued. Invoices may be 6.2 provided electronically or in such other manner as WeTal in its reasonable opinion deems appropriate. In the event of late payment, interest in accordance with the Swedish Interest Act (1975:635) shall accrue on the outstanding amount until payment has been made. In case of Customer’s late or non-payment of Service Fees, WeTal may, in addition to its other rights under this Agreement, suspend Customer’s access to the Services until payment in full has been received.
7. SUPPORT
7.1 WeTal will provide support services to the Customer on https://wetal.com/services.
7.2 WeTal shall perform the support with due care, in a professional manner in accordance with its ordinary routines and shall use reasonable efforts to respond to inquiries in a timely manner but makes no guarantees with regard to response time.
8. The CUSTOMER’S WARRANTIES AND OTHER OBLIGATIONS
8.1 Customer represents and warrants that it is the owner of, or has a license to, any Content which it uses or uploads to the Platform. Customer further warrants that the Content does not infringe the intellectual property rights of any third Party, including but not limited to copyrights, patents, or trademarks.
8.2 Customer is responsible for backing up its Content and WeTal assumes no responsibility in relation thereto and shall not be liable for any loss or corruption of the Content.
8.3 Customer shall be responsible for not disclosing its username or password to any third party, and for keeping them safe so that they cannot be accessed by third parties. Customer shall notify WeTal immediately if there is reason to believe that any other person has accessed Customer’s user name and password or that they are used in an illegitimate way.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 The Customer is only granted the limited right to use the Platform and Services as specifically set out in the Agreement.
9.2 The Customer may not use, copy, transfer, alter, develop or make additions to the Platform and/or Services or any software contained therein. The Customer may not decompile or reverse engineer any software contained in the Platform and/or Services or by any other means try to recreate its source code except as set out in mandatory law.
9.3 The Customer, or the Customer’s licensor, retains any rights to its Content uploaded to the Platform and nothing in this Agreement shall be interpreted as a transfer of such rights, or part of such rights, to WeTal.
10 SUBCONTRACTORS
10.1 WeTal may use sub-contractors for the performance of its obligations under this Agreement. WeTal shall remain responsible for the performance of such subcontractor as for its own.
11 NO WARRANTY
11.1 Save for what is set out herein, the Platform and Services and the content therein are provided “as is” and “as available”. WeTal makes no warranties, express or implied, and hereby disclaim any warranty including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
12 LIMITATION OF LIABILITY
12.1 WeTal shall, except for in the event of its gross negligence or wilful misconduct, in no event be liable for any loss of profit, revenue, business savings or goodwill, loss of data, or the Customer’s obligation to compensate any third-party or any indirect or consequential damage whatsoever.
12.2 WeTal’s aggregate and total liability under the Agreement shall be limited to direct damages and to an amount equal to twenty five (25) percent of Service Fees paid by the Customer during the year when the incident causing the loss occurred.
13 CONFIDENTIALITY
13.1 Both Parties shall undertake not to disclose to third parties, without the consent of the other Party, such information concerning the other Party's business operations as can be deemed to constitute a trade secret or information which is to be seen as confidential. Information stated by one of the Parties to be confidential shall always be deemed to constitute a trade secret. For the avoidance of doubt, any Content uploaded to or published via the Service shall not constitute confidential information.
13.2 The Parties confidentiality obligation under this Section 13 shall not apply to trade secrets or any other confidential information which the receiving Party can demonstrate (i) was already known when received, (ii) is or has become public knowledge other than through breach of the Agreement, (iii) is received from a third-party who lawfully acquired it and who is under no obligation restricting its disclosure in relation to WeTal, or (iv) is to be made publicly available due to a court order, a decision by a public body or as otherwise required by mandatory law.
13.3 Each Party agrees to impose on its employees and consultants, in an appropriate manner, the confidentiality obligations set out above in this Section 13. Each Party shall be liable for its employees’ and consultants’ actions and for their observance of the above stated provisions.
13.4 The Parties’ confidentiality obligations under the Agreement shall be valid during the term of the Agreement and continue for a period of two (2) years after termination of the Agreement, regardless of the reason therefor.
14 PERSONAL DATA
14.1 WeTal abides by applicable data protection legislation, particularly Regulation (EU) 2016/679 (the “GDPR”). WeTal’s processing of personal data for its own purposes and means are described in WeTal’s from time to time applicable privacy policy available at https://wetal.com/privacy-policy.
15 TERM AND TERMINATION
15.1 The Agreement shall enter into force on the Effective Date and remain in effect until terminated in accordance herewith. The Customer acknowledges that termination of the Platform or Services does not affect its obligations to make payments under this Agreement.
15.2 The Customer may terminate individual Services in the Platform or by contacting WeTal. For Services which are charged monthly, Customer acknowledges that termination must be made prior to payment date for the upcoming month and that all Service Fees paid are non-refundable.
15.3 Save for what is stated herein, each Party may, upon written notice to the other Party, terminate the Agreement with immediate effect if: (i) the other Party has committed a material breach of the Agreement, and has not rectified the same within thirty (30) days after receipt of a written notice thereof; or (ii) the other Party becomes subject to an insolvency proceeding, goes into liquidation, suspends its payments or can otherwise be deemed to have become insolvent.
15.4 In the event the Customer has committed a material breach of the Agreement, the Customer shall compensate WeTal for its damages, costs and losses, regardless of whether WeTal chooses to terminate the Agreement under this Section 15 or not.
16 AMENDMENT OF THE TERMS
16.1 WeTal may update or make amendments to this Agreement from time to time, including to Service Fees. In case of such amendment, the Customer will be notified about the changes when logging in to the Platform and must accept the updated Agreement in order to access the Platform and Services.
17 FORCE MAJEURE
17.1 If and to the extent that a Party’s performance of any of its obligations pursuant to the Agreement is prevented, hindered or delayed due to circumstances beyond the reasonable control of such Party such as, lightning, labor disputes, fire, acts of war, pandemics, requisition, seizure, currency restriction, riots and civil disorders, shortage of means of transportation, shortage of goods, amendments to regulations issued by governmental authorities, intervention of authorities or defects and/or delays in delivery of his sub-suppliers due to the circumstances here stipulated (each, a “Force Majeure Event”), the non-performing Party shall be excused from any performance of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall immediately notify the other Party of the occurrence of the Force Majeure Event. The non-performing Party is, however, always obligated to mitigate the effects of the Force Majeure Events.
17.2 Should fulfilment of the Agreement to a significant extent be prevented for more than three (3) months due to above-described circumstance, either Party shall have the right to terminate the Agreement by written notice.
18 PUBLICITY
18.1 Customer hereby grants to WeTal a right to publicly disclose Customer’s name, Content and logotype for publicity purposes, including in its advertising. This right shall survive termination of the Agreement.
19 MISCELLANEOUS
19.1 Except as expressly provided for in these Terms, any amendment or modification to the Agreement must be in writing and signed by both Parties in order to be binding.
19.2 The Customer may not assign the rights or obligations under the Agreement to any third party without the prior written consent of WeTal, which will not be unreasonably withheld.
19.3 Neither delay or failure to exercise any right or remedy shall constitute a waiver of such right or remedy or prevent the exercise of such right or remedy on any subsequent occasion. Any waiver granted shall not, unless expressly stated, constitute any waiver for any future occasion.
19.4 The provisions in the Agreement that are intended to survive the expiry or termination of the Agreement, shall so survive such expiry or termination, including but not limited to the provisions on confidentiality, limitation of liability and intellectual property rights.
19.5 Any termination or other notice in connection with the Agreement shall be in writing and may be delivered by courier, sent by registered letter/airmail or e-mail to the other Party's address as stated in the Agreement. Such notice shall be deemed to be given if sent by courier, on the day of delivery to the receiving Party; if sent by registered letter/airmail, five (5) days after the day of dispatch; or if sent by e-mail, on the day when sent, provided that the sending e-mail account has generated a message indicating that the e-mail has been successfully sent.
19.6 The Agreement shall constitute the entire agreement between the Parties regarding its subject matter and shall replace and supersede any prior agreement or arrangement, oral or written. No additional terms set out by Customer and provided to WeTal, whether in connection with the sign-up procedure or otherwise, shall apply unless confirmed in writing by an authorized representative of WeTal.
20 GOVERNING LAW AND DISPUTES
20.1 This Agreement and any non-contractual obligations arising out of or in connection therewith shall be governed and constructed in accordance with the substantive laws of Sweden.
20.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be subject to the exclusive jurisdiction of Swedish courts, with the Stockholm District Court as the court of first instance.
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