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Archived Recruiter Terms and Conditions - 15 March 2023

This is an archived version of our Terms and Conditions. View the current version or all past version

Effective as of 15 March 2023

Talent Mesh Pte. Ltd. (hereafter "Talent Mesh") is a recruitment platform allowing you to generate job listings/ads and publish them on various job boards. TalentMesh will also allow you to generates a full suite of quality soft and hard skills assessments for your specific job opening and manages your hiring process.

These terms and conditions govern the relationship between you and Talent Mesh (also referred to as "us", "we", or "our") in relation to the use of Talent Mesh’s products and services.

  1. DEFINITIONS
    1. Candidate

      Candidate means any person using Talent Mesh's services for the purpose of completing Talent Mesh's suite of pre-employment tests which can include personality, aptitude, skills and emotional intelligence tests.

    2. Recruiter

      Recruiter means any person/company using Talent Mesh's services for the purpose of evaluating and/or recruiting Candidates based on Talent Mesh's suite of pre-employment tests which can include personality, aptitude, skills and emotional intelligence tests.

  2. SUBSCRIPTION TYPES AND PRICES
    1. Subscription Types and Prices

      Talent Mesh offers a variation of subscriptions. For subscription types and prices, we refer to our pricing page. Talent Mesh may, in its sole discretion and at any time, modify the subscription types and prices listed on the pricing page. This includes, but is not limited to, removing subscription types.

    2. Free trial

      Talent Mesh offers a free trial period of 15 days. The free trial is only available to those who have not previously been users of Talent Mesh's services.

    3. Tenders

      Tenders for volume purchases are made on the basis of Talent Mesh's pricing page. All offers are excl. relevant taxes and only valid by written acceptance within 14 days from the date of the tender. Tenders that are not accepted within 14 days of submission will lapse unless otherwise agreed upon in writing.

    4. Fee Changes

      Any fee change relating to subscriptions shall become effective at the end of the current billing cycle (monthly, yearly depending on the chosen subscription).

      Talent Mesh shall provide you with reasonable prior notice of any fee changes in relation to subscriptions to give you an opportunity to terminate your subscription before the new fees enters into effect.

      Your continued use of your subscription after the modified fee comes into effect constitutes your agreement to pay said modified subscription fee.

  3. PAYMENT
    1. Payment by Credit Card

      Talent Mesh uses Stripe as a third party service provider for online payment processing. By using the Stripe Checkout service on our website, you agree to be bound by Stripe Checkout User Terms of Service.

      When you provide us with your credit card information, you authorise us to charge such credit card for all purchased products and services, including the automatic charge of subscriptions within the agreed upon billing circle, i.e., monthly or annually.

      Talent Mesh does not require your credit card information when you sign up for our free trial.

    2. Automatic Renewal

      Your subscription automatically renews at the end of the billing cycle, whether it is monthly or annually, and your credit card will be automatically charged during autorenewal.

      If payment fails during autorenewal, we will inform you up to four times and attempt to process the payment up to 28 days. Should payment not succeed within the 28 days, your subscription will be suspended. Refer to clause 7.3 to learn what happens when your subscription is suspended.

    3. Upgrading Your Subscription

      When you upgrade your subscription, the billing cycle will change to the effective date on which you upgrade.

      When you upgrade, you immediately get access to your new subscription and your billing cycle will change to the date of upgrading.

      When upgrading, the number of recruitments you have access to and the cycle for when this number will be reset corresponds to the chosen subscription tier and billing cycle. Unused recruitments will not be transferred.

    4. Payment by Bank Transfer

      Payment by bank transfer needs to be accepted in writing by Talent Mesh. If payment is to be completed by bank transfer, you will provide us with complete, accurate and updated billing and contact information. We will then provide you with an invoice.

      The time limit for payment is 30 days from the date of invoice.

    5. Overdue Charges

      Talent Mesh reserves the right to charge a reminder fee and calculate an interest rate of 1.5 % per month.

  4. OWNERSHIP OF PROPERTY
    1. Talent Mesh's Ownership of Intellectual Property and Data

      Talent Mesh is the exclusive owner of all rights, registered or non-registered in connection to the products and services offered, including but not limited to, test questions, test composition, test scoring mechanisms, test scoring data, user interface & design of the product and all code that the product is built up around as well as all rights to personal data and other data that is collected and stored in connection with the products and services. Talent Mesh thus owns and is the data controller of the personal data processed in connection with the products and services.

      You have the right to use Talent Mesh's products and services to the extent and as per the terms agreed between you and Talent Mesh, including the right to access the relevant personal information. You will act as an independent data controller of the personal information collected by Talent Mesh on behalf of you.

      Upon disclosure to you, Talent Mesh keeps and processes the disclosed data and personal data relating to the products. Talent Mesh thus retains the ownership of data relating to the products and remains an independent data controller for personal information which Talent Mesh processes in relation to the products and services.

    2. Content Uploaded by You

      You are responsible for any content that you upload to Talent Mesh's website, including its lawfulness, reliability, accuracy, and appropriateness.

      You represent and warrant that the posting of your content on or through Talent Mesh's website does not violate the data protection and privacy rights, copyrights, or other intellectual property rights, contractual rights or any other rights of any third party.

      You, as the creator of the content you post, submit, and display on or through Talent Mesh's website, retain any and all intellectual property rights on said content. As the sole right owner, you have the responsibility to protect these rights. Consequently, Talent Mesh will only use said content with your explicit authorization.

      If any content is unlawful, Talent Mesh reserves the right to remove such content from its website without prior notice.

    3. Publicity

      You agree that Talent Mesh may identify you as a user of our products and services, and use your trade mark, trade name and/or logo for marketing/promotional purposes, i.e., on our website, in sales presentations, in general marketing/promotional materials and communications as well as in press releases.

  5. ACCOUNTS ON TALENT MESH
    1. Information on Your Account

      When you create an account with Talent Mesh, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these terms and conditions, which may result in the suspension or termination of your account.

    2. User Names and Intellectual Property

      You may not use a username which constitutes:

      (i) the name of another person or entity

      (ii) a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization

      (iii) a name that is otherwise offensive, vulgar or obscene.

      Failure to comply with the above constitutes a breach of these terms and conditions, which may result in termination of your account.

    3. Deletion of Account

      You can delete your account at any time through your account management page.

      Deletions are confirmed immediately.

      Deletion of your account will result in the deactivations or disablement of your account and access to it, and the deletion of your content as well as any content you have collected through use of our services.

      Talent Mesh has no obligation to retain your content upon deletion of the account.

  6. DATA PROTECTION
    1. Use of Your Data

      By using Talent Mesh's services, you acknowledge that information about you and the content posted by you will be processed by us in accordance with our Privacy Policy.

    2. Use of Google API Services

      Talent Mesh uses Google API Services to help you chose the location of your recruitment. By using Talent Mesh's services, you accept Google's policies for Places API as well as Google API Services User Data Policy.

  7. TERMINATION AND SUSPENSION OF SUBSCRIPTIONS
    1. Termination by You

      You can terminate your subscription at any time before the end of the current billing cycle or free trial through your account settings page. Terminations are confirmed immediately.

      If you terminate a subscription in the middle of a billing cycle, you will not receive a refund unless the termination is due to our material, uncured breach (within 30 days from your written notice) or a refund is required by law.

      Termination will take effect at the end of the current billing cycle or free trial, and you will still be able to access our services until then.

    2. Termination by Talent Mesh

      If you are in breach of these terms and conditions, or in case of misuse or unauthorised and/or criminal use, Talent Mesh may terminate your account and subscriptions without prior notice or liability.

      Terminations in accordance with this provision and which happen in the middle of a billing cycle does not entitle you to a refund.

      Talent Mesh has no obligation to retain your content upon termination.

    3. Suspension by Talent Mesh

      Should payment for your subscriptions fail, Talent Mesh may suspend your subscriptions without prior notice or liability.

      When your subscription is suspended in accordance with this provision, you will still be able to:

      • • Access your account
      • • View assessments and candidate results
      • • Access ATS functionalities, i.e., mark as interview, hired, rejected.

      You will however not be able to:

      • • Create new assessments
      • • Invite candidates to existing assessments

  8. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
    1. Information on Talent Mesh's website

      Talent Mesh uses reasonable care in compiling and presenting the information found on its website.

      The information found on Talent Mesh's website has been compiled from a variety of sources and is subject to change without notice. Talent Mesh makes no representation or warranty regarding the completeness, accuracy, adequacy, currency, operation or suitability of said information.

      Talent Mesh assumes no responsibility for information contained on its website and disclaims all liability arising from negligence or otherwise in respect of such information.

    2. Acts by Third Parties

      Talent Mesh assumes no responsibility for any conduct or content of any third party on its website and disclaims all liability arising from negligence or otherwise in respect of such conduct or content by third parties.

    3. Links to Other Websites

      Talent Mesh's services may contain links to third-party websites or services that are not owned or controlled by Talent Mesh.

      Talent Mesh has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Consequently, Talent Mesh cannot be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

    4. No Guarantees or Warranties

      Your use of Talent Mesh's products and services is at your sole risk.

      Talent Mesh does not guarantee or warrant that the results of using its services will meet your requirements. As such, Talent Mesh does not guarantee or warrant that any candidates will be available or will meet the needs of any recruiter or other users of its services.

      Talent Mesh, its subsidiaries, affiliates, and licensors do not guarantee or warrant that its services will function uninterrupted, secure or available at any particular time or location, that any errors or defects will be corrected or that its services are free of viruses or other harmful components.

    5. Deliberate Acts or Gross Negligence

      The above limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of Talent Mesh.

    6. Limitation of Liability

      Talent Mesh's liability under these terms and conditions, and where Talent Mesh's liability cannot be limited in accordance with applicable law, Talent Mesh's liability is limited to the fees actually paid by you to Talent Mesh.

    7. Liability in Relation to Equality and Diversity Regulations

      Talent Mesh assumes no responsibility for your potential unlawful use of Talent Mesh services. In particular, Talent Mesh assumes no responsibility in relation to equality and diversity regulations regarding recruitment processes. Consequently, you shall indemnify and hold harmless Talent Mesh from all claims, suits, or actions of every name, kind, and description, brought for, or on account of any direct or indirect discrimination or other unlawful acts carried out by you while using Talent Mesh's services.

  9. CHANGES
    1. Changes to Terms and Conditions

      These terms and conditions may be changed at Talent Mesh's sole discretion at any time without prior notice. If the changes are material, Talent Mesh will aim to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change shall be determined at Talent Mesh's sole discretion.

      The continued use of our products and services after any changes will constitute your acceptance of the revised terms and conditions.

  10. ENTIRE AGREEMENT
    1. These Terms and Conditions Contain the Entire Terms and Conditions

      These Terms and Conditions contain all the agreements, understanding, representations, conditions, warranties, and covenants, and constitutes the sole and entire agreement between you and Talent Mesh hereto pertaining to the subject matter hereof and supersedes all prior communications or agreements, written or oral.

    2. Invalid Provisions

      If any provision of these terms and conditions is declared invalid or unenforceable, the remaining provisions of these terms and conditions shall remain in full force and effect.

    3. Invalidity in Certain Jurisdictions

      If any provision of these terms and conditions is declared invalid or unenforceable under a certain jurisdiction's laws, the provisions of these terms and conditions shall remain in full force and effect in all other jurisdictions.

  11. GOVERNING LAW
    1. Choice of Law

      Any dispute arising in connection with these terms and conditions, or the breach, termination, or invalidity hereof, is to be settled in accordance with the laws of Denmark without regard to conflict of law rules.

    2. Choice of Dispute Resolution

      Any dispute arising in connection with these terms and conditions, or the breach, termination, or invalidity hereof is to be settled by arbitration in accordance with the Rules of Procedure of the Danish Institute of Arbitration (Copenhagen Arbitration) (hereinafter the 'Institute').

    3. Arbitration Tribunal

      The arbitration tribunal shall be composed of three (3) arbitrators. Each Party shall appoint one (1) arbitrator and the Institute shall point a third arbitrator who shall be the chairman of the arbitration tribunal. If a Party has not appointed an arbitrator within thirty (30) days of having requested or received notice of the arbitration, the Institute shall appoint such arbitrator instead.

    4. Choice of Venue

      The place of arbitration shall be Copenhagen.

    5. Language of Proceedings

      The language of the arbitration shall be English.

  12. CONTACT US

      If you have questions or are in need of assistance, you are welcome to contact us by phone +65 6914 9828 or email hello@talentmesh.com.

      The office is open from 09:00 to 18:00 SGT (Singapore Time), UTC/GMT +8 hours.