Terms of use

1.2.1 User Management: The facility to add accounts for "Users", meaning the Customer’s employees and nominated representatives on their hiring team, by nominating such individuals to create individual User accounts which permit them to access and use the Services on behalf of the Customer.

1.2.2 Job Posting and sharing: The ability to create and publish "Jobs," being detailed descriptions of employment or contractor roles they seek to fill, utilising both external and internal referrals, in addition to job boards and social media, to efficiently attract qualified candidates.

1.2.3 Candidate sourcing and discovery: The ability to add potential candidates as prospect or applicant in the platform by filling up the form. Customers must obtain prior consent from the applicant before manually adding their information to the platform.

1.2.4 Candidate screening, assessment and interview management: Provides functionalities for the screening, assessment of candidates, and the management of interviews, thereby facilitating Customers in the efficacious evaluation and interviewing of applicants through the platform. It is incumbent upon the Customer to integrate with external tools and services, as necessary, to avail themselves of these features in their entirety.

1.2.5 Offer management and document collection: Provides functionalities for offer management and document collection, including the provision of digital signature capabilities, allowing customers to streamline the process of extending job offers and gathering necessary documentation from candidates through the platform. StaySigned provides sample offer and other employment contract templates for customers to refer and copy; however, customers are responsible for the content of these templates and must thoroughly review them before use to ensure accuracy and compliance with applicable laws and regulations.

1.2.6 Global hiring via external partner: StaySigned enables customers to roll out employment contracts in India through a partnership with a local employment entity. To utilise this feature, customers must enter into a separate service agreement with the external partner.

1.2.7 Conversation with candidate: Provides functionalities to facilitate direct conversations between candidates and organisations using the platform and email, ensuring seamless communication. However, StaySigned is not liable for the content of these conversations, as the platform merely provides the tools for communication without involvement in or oversight of the dialogue exchanged. Responsibility for the content rests solely with the participating organisations and candidates.

1.2.8 Profile and data sharing within organisations: enables the sharing of candidate profiles and related data amongst authorised platform users . This feature allows for efficient internal collaboration and decision-making regarding potential hires. However, it is the organisation's responsibility to ensure that the sharing and use of such data comply with applicable privacy laws and regulations, safeguarding candidate information throughout the recruitment process.

1.2.9 WorkThreads account provisioning for Candidates: StaySigned creates a WorkThreads account for the Candidate at or before the Offer exchange stage. To sign the offer contract, Candidates must sign up for WorkThreads; this requirement has been implemented to ensure certainty, reduce offer dropout rates, and protect the Customer's investment. Using their WorkThreads account, Candidates can exchange information with the Customer, including any required documents, sign the contract, monitor their application progress, and manage conversations and interviews. Additionally, the Candidate is required to sign separate Terms and Conditions and a Privacy Policy specifically for WorkThreads. WorkThreads has been designed to provide certainty and integrates with third-party services to verify the candidate's identity. StaySigned may charge WorkThreads users for any additional services and products offered to them, aimed at enhancing their chances of employability. For example, users may opt to pay for ID/documents verification services if they wish to proactively verify their identity/documents, among other services not limited to this example.

1.2.10 Google Calendar Integration for Interview Self-Service: By consenting to integrate Google Calendar with our service, you allow us to access your calendar data to enable our interview self-service feature, facilitating the scheduling and management of interviews directly through our platform. This access is limited to viewing, creating, modifying, and deleting calendar events as necessary for providing these services. You maintain control over this integration and can revoke our access at any time through your Google account settings. We are committed to protecting your privacy and will handle your calendar data in accordance with our Privacy Policy and applicable laws, ensuring its use is strictly for the intended functionality. Your continued use of this feature indicates acceptance of these terms and any future changes.

1.2.11 Slack integration and notification: Our service includes integration with Slack, enabling direct communication and notifications within your Slack workspace. By linking your Slack account, you grant us permission to send messages and notifications to specific channels or directly to you, facilitating real-time updates and interactions. This integration aims to streamline workflows and improve collaboration by bringing essential notifications into your Slack environment. Access to your Slack is governed by your permissions, allowing you to manage the scope of our interaction with your Slack channels. We ensure that all data shared through Slack adheres to our Privacy Policy, Slack's privacy guidelines, and applicable data protection laws. Your activation and continued use of the Slack integration signify your agreement to these terms, which are designed to enhance your service experience while safeguarding your privacy and data security.

1.3 For the avoidance of doubt, StaySigned's obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s or Candidate's behalf. Nothing in these Terms is intended to or shall be deemed to, establish any partnership or joint venture between the Customer and StaySigned, appoint either party as the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

1.4 StaySigned may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.

1.5 StaySigned agrees to use commercially reasonable efforts to make the Services available on a seven (7) day per week, twenty four (24) hour per day basis excluding (a) scheduled maintenance time, (b) any unavailability caused by circumstances beyond StaySigned's reasonable control and (c) any suspensions permitted under these Terms. In the event of a planned service downtime in respect of the Services, StaySigned shall use reasonable efforts to notify the Customer thereof at least 24 hours in advance (which notice may be provided electronically, including via the Services).

1.6 StaySigned retains the authority to engage with candidates that have been identified or entered into the system by the Customer, for the purpose of presenting StaySigned's own or partners' products and services, provided the candidate opts in, accepts, and provides their consent. Additionally, StaySigned may utilise the data generated from these candidate profiles to enhance the quality, efficiency, and effectiveness of its offerings. This includes leveraging such information for service improvements, developing new features, and conducting analytical studies to better understand market needs and trends. This approach not only aims to expand StaySigned's business opportunities but also to refine and tailor its services to meet the evolving demands of its customers and the broader market, always ensuring that candidate consent is obtained beforehand.

1.7 StaySigned may use information about the Customer that is publicly available for its marketing and sales purposes. This includes leveraging platform anonymised data and statistics to showcase the Customer's engagement with StaySigned's services, highlighting successful case studies, or demonstrating the breadth of StaySigned's clientele in promotional materials and sales pitches, all aimed at enhancing StaySigned's market presence and customer base.

1.8 A representative from StaySigned is granted the ability to access the Customer's data and operate as an authorised user under the Customer's account for the purpose of offering support and assistance. This access is designed to enable StaySigned to effectively troubleshoot, offer guidance, and ensure the optimal use of the Services by the Customer. It allows StaySigned to directly interact with the system on the Customer's behalf, facilitating activities such as resolving issues, configuring settings, and enhancing the overall service experience. This provision is made with the understanding that StaySigned will maintain the confidentiality and security of the Customer's data at all times, adhering to the highest standards of data protection and privacy.

2 Customer onboarding and authorised Users

2.1 To access the Services provided by StaySigned, Customers must first complete the registration process on the Website. This can begin with an initial (partial) registration performed by a StaySigned representative. Following this, the Customer is required to thoroughly review and accept all legal agreements and terms at the time of account activation to ensure compliance and understanding of their obligations and rights under the service agreement.

2.2 StaySigned reserves the right to carry out verification and security checks on all information that the Customer provides. If StaySigned suspects that the information used for registration or to access its Services is incorrect, violates, or may likely violate any part of these Terms, StaySigned has the sole discretion to take any action it considers necessary. This includes, but is not limited to, terminating the Customer's contract.

2.3 These Terms apply to all authorised Users who access and use StaySigned and the Customer Services through the Customer's account. The Customer acknowledges and agrees to these conditions:

2.3.1 All Users are required to use the corporate email address provided to them by the Customer when creating a User profile.

2.3.2 StaySigned may grant different levels of data access to Customer Users depending on their User profiles. The Customer is required to adhere to (and ensure that each user adheres to) any guidelines provided by StaySigned concerning the creation and usage of these User accounts.

2.3.3 A User account created by or for a Customer is linked to their specific representative. The access credentials for this account must not be shared among the Customer's team and should only be used by the individual to whom the account is assigned.

2.3.4 The Customer is directly responsible to StaySigned for any actions or omissions by its Users at all times.

2.3.5 The Customer must, and ensure that its Users, keep all Customer and User credentials ("Logins") secure to prevent unauthorised use. Should the Customer suspect any unauthorised access or use of their Logins or their profile on the Website, they must promptly inform StaySigned. The Customer is solely responsible and liable for any violations of these Terms stemming from anyone using the Customer’s Logins to access the Services and/or the Website, regardless of whether such access was authorised by the Customer.

2.3.6 StaySigned reserves the right to request, at any time and upon notice to the Customer, that the Customer execute additional documents to affirm their acceptance of these Terms or to ensure full compliance and realisation of these Terms.

3 Customer obligations

3.1 The Customer:

3.1.1 The Customer must, and must ensure that its Users also, at all times use the Services and the Website in compliance with these Terms.

3.1.2 If the Customer is based in the U.S., they must not (and must ensure that their Users do not) upload, provide, or submit to StaySigned any patient, medical, or other protected health information governed by the Health Insurance Portability and Accountability Act ("HIPAA") or any similar laws, whether they be foreign, federal, or state. StaySigned will not be liable to the Customer, its Users, or any third party for any actions taken in violation of this clause.

3.2 The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between User and with Candidates, and all other material of any format ("Submissions"), aligns with all applicable laws, regulations, and these Terms. The Customer is responsible for the content and legality of their Submissions and must guarantee that these do not infringe on any third-party rights or contain any unlawful material;

3.2.1 complies with all applicable laws and legislation, including, but not limited to, the US Fair Credit Reporting Act 1971 (15 U.S.C. § 1681 et seq.), the General Data Protection Regulation (GDPR) in the European Union, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under the Information Technology Act, 2000 in India, and the Data Protection Act 2018 in Great Britain, as well as any other consumer protection and anti-spam laws and regulations applicable in the Customer's jurisdiction.

3.2.2 do not infringe upon any intellectual property rights or other proprietary rights of any third party;

3.2.3 not reasonably be deemed to:

3.3 Unless explicitly stated by StaySigned, StaySigned does not vet, verify the accuracy, correctness, and completeness of, edit, or modify any Submissions/applications or any other information, data, and materials created, used, stored in the platform, and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that they have the right to use, collect, and store any and all such information and material.

3.4 Subject to clause 3.3, StaySigned may enhance the Candidate's Profile by incorporating data related to the Candidate, which is obtained from third parties or extracted from applications and resumes. This additional information may include links to any social media websites that StaySigned utilizes to enrich the Profile. In these instances, StaySigned does not vet, verify the accuracy, correctness, and completeness of such data used to augment the Profile, and cannot guarantee that any enhancements to the Profile will be error-free or result in any actual improvement to the Profile. It remains the responsibility of the Customer to verify the accuracy of such information before proceeding with any hiring decisions.

3.5 Despite clause 3.3, StaySigned retains the right to refuse to publish any information, or to remove or edit any information (in whole or in part) at any time, if StaySigned has grounds to believe that the Customer's use of the Services and/or the Website violates these Terms.

3.5 Despite clause 3.3, StaySigned retains the right to refuse to publish any information, or to remove or edit any information (in whole or in part) at any time, if StaySigned has grounds to believe that the Customer's use of the Services and/or the Website violates these Terms.

3.6 The Customer shall not:

3.6.1 at any time use the Services and/or the Website with the purpose of impersonating another user or person;

3.6.1 at any time use the Services and/or the Website with the purpose of impersonating another user or person;

3.6.2 use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than in connection with the recruitment of staff;

3.6.3 use the Website or Services to contact any Candidate or other person who has not either applied for an Job or been identified by the Customer through other means; and

3.6.4 do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.

3.7 StaySigned takes any breaches of the Terms, especially this clause 3, very seriously and reserves the right to take any necessary actions. This includes, but is not limited to, the suspension or termination of the Customer's access to the Services and/or Website. In certain cases, StaySigned may initiate legal proceedings if there is any illegal use of the Services and/or Website, or disclose information to third parties who claim that material posted or uploaded to the Website infringes on their intellectual property rights or their right to privacy, especially if the material was posted without their consent. The Customer is required to promptly notify StaySigned if it becomes aware of any or suspects any breaches of this clause 3 by its Users.

4 Customer interaction with candidates

4.1 The Customer must ensure that any Job posted on the Website includes enough information to enable a Candidate to make an informed decision about applying for the specified role.

4.2 The Customer guarantees and affirms that the information provided under clause 4.1 and concerning the Customer Information will be correct, complete, accurate, and up-to-date. Should the information in the Job or the Customer Information prove to be incorrect, incomplete, inaccurate, or outdated, the Customer is obligated to immediately undertake all necessary actions to correct such information.

4.3 When the Customer manually adds or sources candidates, they will have the capability to contact Candidates who have not yet applied for a Job. In instances where a Customer desires to reach out to such Candidates, it must only do so in relation to an existing valid Job or for future Job opportunities with the Customer, and not for the purpose of general solicitation.

4.4 The Customer must always use the Services and the Website in compliance with applicable laws and legislation, especially concerning data protection, employment, and anti-discrimination regulations. Specifically:

4.4.1 Customers commit to only collecting and processing personal data related to Candidates as far as it is necessary and relevant for the performance of the job for which the application is being made.

4.4.2 If the Customer decides to access the social media profiles of Candidates, they must only consider appropriate social media platforms when making decisions about Candidates. The Customer needs to assess whether accessing this information is necessary for the intended purpose, including determining if the Candidate's social media profile is for professional or personal use. This distinction is crucial for evaluating the legal permissibility of inspecting such data, ensuring that the Customer's actions remain compliant with relevant laws and regulations.

4.4.2 If the Customer decides to access the social media profiles of Candidates, they must only consider appropriate social media platforms when making decisions about Candidates. The Customer needs to assess whether accessing this information is necessary for the intended purpose, including determining if the Candidate's social media profile is for professional or personal use. This distinction is crucial for evaluating the legal permissibility of inspecting such data, ensuring that the Customer's actions remain compliant with relevant laws and regulations.

4.5 The Customer is solely responsible for utilising the Services and managing its internal recruitment process, including all Candidate sourcing activities undertaken and any job openings posted by the Customer on the Website. Additionally, the Customer is accountable for verifying:

4.5.1 each Candidate’s qualifications, skills, training and experience;

4.5.2. that the Candidate is legally authorised to work in the specified jurisdiction;

4.5.3 obtaining from the Candidate(s) all information reasonably necessary for the Customer to assess the Candidate's suitability for the job opening.

4.6 The Customer acknowledges that StaySigned does not have any control over and therefore cannot reasonably accept any liability for the behaviour, responses, or actions of the Candidates. StaySigned does not warrant, represent, or guarantee that the Customer will successfully fill the job opening using the Services.

4.7 The Customer must ensure, and also ensure that its Users maintain, the security and confidentiality of all information at all times. This includes, but is not limited to, Candidates' Profiles, communications and correspondences between the Customer, StaySigned, and the Candidates, as well as all information related to the Candidates and the recruitment process.

4.8 The Services are intended solely for the use of the Customer's organisation, and the Customer is not permitted to resell the Services to any third party for any reason without obtaining express written consent from StaySigned.

4.9 The Customer acknowledges and agrees that it is the Customer's responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract, or permanent employment). The terms of employment and any contractual arrangements must be negotiated and agreed upon directly between the Customer and the approved Candidate. In the event of a dispute between the Customer and any Candidate—whether related to the interview or selection process, contractual arrangements, or otherwise, referred to collectively as a "Dispute"—the Customer agrees StaySigned is not liable for any loss or damage suffered by the Customer resulting from such a Dispute. The Customer hereby releases and holds StaySigned harmless from any such loss, damage, or liability arising from any Dispute.

4.10 The Customer hereby indemnifies StaySigned against all losses, liabilities, costs, and expenses (including but not limited to legal costs) suffered or incurred by StaySigned, which arise directly or indirectly from any Dispute or any breach by the Customer of clause 4.4.

5 Marketplace partners

5.1 StaySigned may present Customers with the opportunity to buy extra products and services that supplement the Services and are provided by third parties, each referred to as a “StaySigned Partner.”

5.2 StaySigned does not directly offer the products or services supplied by Marketplace Partners. Instead, the contract for the purchase of such products and services is made directly between the Customer and the relevant Marketplace Partner, and is governed by their respective terms of use, which the Customer acknowledges and agrees to. StaySigned acts neither as an agent, joint venture, nor partner of either the Marketplace Partner or the Customer.

6 Fees and payment

6.1 The fees required to access the Website and Services are detailed on the Website or in the StaySigned Quote you received, as applicable ("Fees").

.2 Unless stated otherwise on the Website or the StaySigned Quote, Fees shall be payable by the Customer at the beginning of each subscription term, or in the manner as set out on the Website or the StaySigned Quote and in the currency identified on the Website or the StaySigned Quote, as applicable.

6.3 All Fees are exclusive of VAT/GST and all other taxes or duties and are non-refundable and non-cancelable for any reason, except as expressly provided otherwise in these Terms.

6.4 You agree to keep your personal information, such as contact information, billing information up to date.

6.5 If you pay by credit or debit card:

6.5.1 You authorise us to charge your credit card or bank account for all Fees payable for your Subscription Term and for any renewal Term, until you decide to terminate your Subscription.

6.5.2 In addition, you authorise us in order to process payments to use third party providers, and you provide your consent to disclose your payment information to any such third party as required.

6.5.3 You are solely responsible for any bank fees charged by your bank, including recurring payment fees associated with your payments to StaySigned.

6.5.4 If you pay by direct debit, where this payment option is supported, You authorise StaySigned and its Affiliates to debit your bank account, for all Fees payable for your Subscription Term and for any renewal Term and to collect any amounts due according to your subscription plan. In case an Affiliate of StaySigned debits your account, it will do so acting in its capacity as a collection agent of StaySigned, whereas StaySigned remains your contracting entity at all times.

6.5.5 For payments via direct debit, you should make sure you have sufficient clear funds in your nominated account for your upcoming payment. Any amounts not collected due to lack of adequate funds, are collected in priority against any new charges as soon as your account has available funds.

6.6 For Customers on an annual plan only, upon renewal, StaySigned reserves the right to increase the Fees up to an amount of 5 to 10% from the effective rates in the preceding term for the same plan and pricing tier (e.g to cover product improvements, new features, inflation etc.) Renewal price is also subject to change if your company’s size changes substantially, by applying the then current pricing tier based upon the company’s size at the time of renewal. StaySigned will provide you with notice via email at least 30 days in advance for your upcoming renewal and any change in the Fees applicable.

7 Termination

7.1 The Customer may terminate the Contract at any time on the provision of written notice to StaySigned. Customers that have not received a StaySigned Quote (“Self Service Customers”) may terminate the Provision of the Services at any time by cancelling their subscription on the Website.

7.1.1 In case of an early termination in accordance with clause 7.1 (i) Customer will not be entitled to a refund of any pre-paid Fees and (ii) if the Customer has not already paid the full amount of the Fees for the agreed Subscription Term, any such amount is non-cancelable, and outstanding Fees will become immediately due and payable.

7.2 The Storage Service shall continue after the date of termination of the Services until the Customer notifies StaySigned in writing that all data of the Customer is to be erased. StaySigned may terminate the Storage Services at any time after the termination of the Contract, but not earlier than 90 days after the termination of Services, and as required for compliance with applicable law.

7.3 StaySigned shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or all or part of the Services or the Storage Service:

7.3.1 if StaySigned’s network providers and suppliers cease providing StaySigned with their services;

7.3.2 if StaySigned believes that any applicable law has rendered any part of the Services unlawful; or

7.3.3 if StaySigned has reason to believe that the Customer has breached any of the provisions of these Terms.

7.4 Upon termination of the Customer’s Contract in accordance with this clause 7:

7.4.1 the Customer may no longer access or use the Services and the Website;

7.4.2 in the event of termination by StaySigned that is not due to any breach by the Customer (including but not limited to any termination pursuant to clause 11.8 of these Terms), StaySigned shall refund to the Customer all Fees paid in advance for Services not provided by StaySigned;

7.4.3 save as set out in the preceding sub-clause, Fees paid in advance by the Customer are non-refundable.

7.5 In some cases, StaySigned offers a refund policy, which stipulates that refunds may be granted if requested within a specified timeline, typically within 5-7 days of the initial payment, under specific conditions. This policy may also outline any applicable service charges or administrative fees that might be deducted from the refund amount. Customers are encouraged to review these terms carefully on the Website or in the provided StaySigned Quote to fully understand their rights and obligations regarding payments and requesting refunds.

8 Warranties

8.1 The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and (c) and the Customer agrees to abide by the rules and reasonable directions of StaySigned relating to the Website as may be provided by StaySigned from time-to- time.

8.2 StaySigned warrants that the Services shall be provided with reasonable care and skill in the manner which would reasonably be expected from an experienced provider of similar services.

8.3 StaySigned relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to the Customer. Whilst StaySigned takes all reasonable steps available to it to provide the Customer with a good level of service, StaySigned does not guarantee that such service shall be fault free or uninterrupted at all times. StaySigned therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of StaySigned’s service providers.

8.4 Except as expressly set out herein, to the maximum extent permitted by law, StaySigned expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.

8.5 StaySigned may display or provide links or other interaction with third party websites and third party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide the Customer with the opportunity to (i) connect and publish Openings and other Customer Information through Third Party Websites (ii) undertake People Search Services on the Third Party Websites and (iii) other third party services such as social and business networking sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and are not the responsibility of StaySigned. StaySigned accepts no liability for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed within them. All use of the Third Party Websites is subject to the terms and conditions of the Third Party Website provider.

9 Limitation of liability

9.1 Subject to clauses 9.2 and 9.3, the maximum aggregate liability of StaySigned (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence) or otherwise (including for contractual liability under any indemnity provided by StaySigned), shall not exceed a sum equivalent to the total Fees received by StaySigned for a period of twelve (12) months preceding the event giving rise to liability.

9.2 To the extent permitted by law, StaySigned expressly excludes:

9.2.1 all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;

9.2.2 any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;

9.2.3 loss of profit;

9.2.4 loss of income or revenue;

9.2.5 loss of business or contracts;

9.2.6 loss of data;

9.2.7 loss of goodwill and reputation;

9.2.8 loss of expectation;

9.2.9 loss of opportunity;

9.2.9 loss of opportunity;

9.2.10 loss arising out of or in connection with wasted management or office time; or

9.2.11 arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

9.3 Nothing in these Terms shall serve to limit or exclude StaySigned’s liability for death or personal injury resulting from StaySigned’s negligence or any liability for fraudulent misrepresentation.

10 Intellectual property rights

10.1 StaySigned and its licensors own all intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in these Terms will serve to transfer from StaySigned to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with StaySigned and/or StaySigned’s licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by StaySigned and the relevant third party licensors.

10.2 The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer and the Customer may draw the attention of other Users for internal discussion and hiring purposes.. The Customer must not use any part of the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.

10.3 The Customer shall not, and shall procure that authorised Users shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.

10.3 The Customer shall not, and shall procure that authorised Users shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.

10.4 The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Openings and all information and materials provided by the Customer to StaySigned.

10.5 The Customer hereby grants StaySigned, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the Website the Customer Information, Openings and all other information and material provided by the Customer to StaySigned in respect of the Services, for the purpose of providing the Services to the Customer.

10.6 The Customer hereby indemnifies StaySigned against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Openings, and all other information and material provided by the Customer to StaySigned.

10.7 StaySigned shall indemnify Customer against any third party claim that the Software or the use thereof in accordance with these Terms and the Contract infringes or misappropriation a third party patent, trademark, copyright or trade secret under the laws of a country in which the Services are actually accessed by Customer , and shall pay any resulting damages awarded to such claimant or any settlement agreed to by StaySigned and any related costs and expenses reasonably incurred by Customer; provided, that Customer notifies StaySigned promptly in writing of such claim and uses commercially reasonable efforts to mitigate the damages which may be payable by StaySigned hereunder. StaySigned shall have sole control over the defence and settlement of such claims. Customer shall provide all information and assistance reasonably requested by StaySigned, at StaySigned's expense. StaySigned and its affiliates, licensors and other providers shall have no liability to the extent any infringement arises out of or relates to any: (i) use or combination of Services or the Software with any third party software, hardware, application, content or service; (ii) use of the Services or the Software in a manner that does not comply with these Terms; (iii) any modification not made by StaySigned or its representatives; or (iv) any matter for which Customer is obligated to indemnify StaySigned pursuant to these Terms. This clause 10.7 states customer’s sole and exclusive remedy, and staysigned's and its affiliates’ sole and exclusive liability, regarding infringement or misappropriation of any third party intellectual property rights.

11 Data processing, privacy and confidentiality

11.1 The Customer and StaySigned shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including the EU General Data Protection Regulation 2016/679 (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”) and the UK Data Protection Act 2018), the revised Swiss Federal Act on Data Protection (“FDAP”) (collectively, “Data Protection Laws”), in each case including all other successor legislation and regulation thereto.

11.2 StaySigned processes personal data (as such term is defined in the Data Protection Laws) which it collects as a data controller (as the term is defined in the Data Protection Laws) in the course of providing the Services. Where data is processed by StaySigned as a data controller, such processing is carried out in accordance with StaySigned’s Privacy and Cookies Policy. In respect of Candidate data, such processing is carried out in accordance with StaySigned’s Recruitment Privacy Notice Template. StaySigned processes such categories of personal data as are described in the above referenced Privacy Notices.

11.3 The Customer shall include words substantially similar to StaySigned’s Recruitment Privacy Notice Template , as well as all other provisions required for such Privacy Notice to comply with the Data Protection Laws.

For personal data which is processed by StaySigned as a data processor (as the term is defined in Data Protection Laws) on the Customer’s behalf as part of the Services, StaySigned will:

11.4.1 act strictly in accordance with the Customer’s lawful and reasonable instructions (which are received via the Customer’s use of the Services) unless applicable law requires otherwise, in which case StaySigned shall inform the Customer of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). StaySigned shall inform the Customer if it becomes aware of an instruction by the Customer that, in StaySigned’s opinion, infringes the Data Protection Laws.

11.4.2 ensure that its personnel that are authorised to process the personal data in connection with the provision of the Services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

11.4.3 implement appropriate technical and organisational security measures, to protect the personal data in accordance with Data Protection Laws;

11.4.4 enable the Customer to access, rectify, erase, restrict and transmit the personal data processed by StaySigned;

11.4.5 if a data subject (as the term is defined in Data Protection Laws) requests information from StaySigned concerning the processing of personal data by the Customer or a Collaborator, promptly forward the request to the Customer;

11.4.6 provide reasonable assistance to enable the Customer to comply with the Customer’s obligations under Data Protection Law, including using appropriate technical and organisational measures to assist the Customer in responding to data subject access requests or assist the Customer in any contacts with the supervisory authorities;

11.4.7 make available to the Customer all information necessary to demonstrate compliance with the obligations set out in this clause 11, and allow for and contribute to audits, including inspections, conducted by or on behalf of the Customer or ensure that StaySigned and/or any sub-processor will conduct audits using external auditors at least once per year.

11.4.8 StaySigned, to the extent permitted and required by applicable law, shall notify the Customer in writing, without undue delay, after it has become aware of any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data.

11.4.9 The subject matter of the processing by StaySigned is the provision of the services to the Customer and the nature and scope of processing by StaySigned is to enable the Customer to manage its recruitment process through the use of the Services.

11.4.10 Categories of data subjects include natural persons who submit their personal data via the Services and type of personal data is any data the Customer collects via the use of the Services including without limitation name, email, address etc.

11.5 Following termination of the Services, at Customer’s choice and upon Customer’s written request, StaySigned shall return or delete Customer’s Personal Data, unless further storage of such Personal Data is required or authorised by applicable law.

11.6 Customer acknowledges and accepts that Candidates shall also have the right to withdraw their application and consent to the use of their personal data or information at any time and may request that StaySigned permanently delete all information and data held about that Candidate from StaySigned’s systems. In the event that a Candidate exercises its rights in this clause 11.6, the Data Subject shall be instructed to address the request to the Customer and StaySigned shall assist the Customer in responding to such request as obliged by Data Protection Law. In the event that the Candidate has requested from the Customer to permanently delete all their data, and the Customer has not done so within a reasonable time, and has not notified StaySigned of any requirement of the Customer for StaySigned to retain the personal data, StaySigned reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by Customer arising from such Candidate exercising their rights.

11.7 Customer shall ensure that its collection and use of any personal data, accessed through the Website or the Services, complies with the Data Protection Laws. The Customer hereby indemnifies StaySigned against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 11.7.

11.8 Customer hereby gives StaySigned a general written authorisation to engage sub-processors and its Affiliates to process the personal data of the Customer. StaySigned shall make details of its sub-processors available to the Customer on the Website, or via notification to the Customer provided the Customer has subscribed at the bottom of this page to receive updates (a full list of StaySigned sub - processors can be found here. Where StaySigned intends to add a new sub-processor it shall make details of such a new sub-processor available on the Website at least 30 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. Customer shall notify StaySigned during the Sub-processor Notice Period if it objects to the new sub-processor. If the Customer does not object to the sub-processor during the Sub-processor Notice Period, the Customer shall be deemed to have accepted the sub-processor. If the Customer has raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, the Customer shall have the right to terminate the Contract (including the Services and all Storage Services). During the Sub-Processor Notice Period, StaySigned shall not transfer any personal data to the sub-processor.

11.9 StaySigned shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to this clause 11, including without limitation the Customer’s right to conduct audits at the sub-processor, or ensure that the sub-processor will conduct audits using external auditors at least once per year. StaySigned shall remain fully liable to the Customer for the performance or non-performance of the sub-processor’s obligations.

11.10 If StaySigned transfers Personal Data protected under Data Protection Laws to a jurisdiction for which i) the European Commission or ii) the UK competent government authority or iii) the Swiss Federal Data Protection and Information Commissioner, where the FDAP applies, has not issued an adequacy decision, including the transfer of Personal Data to its subprocessors, StaySigned will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Data Protection Laws, and shall rely on a valid data Transfer Mechanism, as permitted under Data Protection Laws, including the execution of the applicable Standard Contractual Clauses between StaySigned and its Subprocessors. Additionally:

11.15.1 Confidential information shall only be used by the Receiving party for the purposes of, and to the extent necessary for, performing the obligations of the Receiving party under these Terms, and the Receiving party shall not disclose Confidential information to any third party unless otherwise authorised by the Disclosing party in writing, or except to its Affiliates, employees, subcontractors (collectively, “Representatives”) who need to know such Confidential information for the purpose of exercising the Receiving party’s rights and performing the Receiving party’s obligations under these Terms, provided those Representatives commit themselves to similar confidentiality obligations.

11.15.2 The Receiving Party shall be entitled to make any disclosure of the Disclosing Party's Confidential Information as may be required by or essential to comply with any law or the requirements of any government or regulatory authority acting within the scope of its powers, provided that (where legally permitted) it gives the Disclosing Party as much notice as is reasonably practicable prior to such disclosure. In addition, the Receiving Party shall take into account the reasonable requests of the Disclosing Party in relation to the content of this disclosure.

12 General

12.1 If StaySigned fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by StaySigned of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.

12.2 All notification and communication to StaySigned should be sent to the contact details made available to the Customer on the Website.

12.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

12.4 The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.

12.5 The Customer agrees that StaySigned may identify the Customer as a user of the Software and use Customer's trademark and/or logo (i) in sales presentations, promotional/marketing materials and communications, and press releases, and (ii) in order to develop a brief customer profile for use by StaySigned on StaySigned's website for promotional purpose.

12.6 StaySigned reserves the right to modify these Terms at any time, by revising them on the Website, provided that any such modifications do not materially change the overall functionality of the Services or substantially diminish Customer’s rights and create substantial Customer obligations. Any changes StaySigned may make to this document in the future will be notified and made available to the Customers that have subscribed to be notified by using the form at the bottom of this page.

12.7 This Contract shall commence on the Effective Date as specified in the Website or the StaySigned Quote, as applicable, and continue for the duration of your subscription length. The term of this Contract shall thereafter renew on each anniversary of the Effective Date for successive terms of one (1) year, unless the Customer notifies StaySigned in writing at least 30 days prior to the anniversary of its intention to not renew the Services, or for Self Service Customers unless they cancel their subscription on the Website. This statement applies to subscriptions with a subscription length of a year or more.

12.8 These Terms shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts.

Other Resources

StaySigned’s Recruitment Privacy Notice Template can be found here. Click here

Technical and organisational security measures: Click here