Terms and conditions

Marcher Markholt and Free Agents™ terms and conditions

Standard terms and conditions of:

 

Marcher Markholt A/S

Company no. (CVR): 32258840

Amaliegade 45, mezzanine

1256 Copenhagen K

 

(the “Company”)

 

1. CONTRACT CONDITIONS

1. These standard Terms and Conditions govern the access to and use of Company’s services, including platform, applications, websites, content and advisory (“Services”). By accepting these Terms and Conditions a contract will be established between the Company and you.
   
   
2. “Job(s)” defines any employment, project or task, including freelance work, that the Business offers to Candidates/Free Agents by use of the Services provided by Company.
   
   
3. “Candidate” refers to any user applying the Services to find, show interest in or accept Jobs.
   
   
4. “Free Agents are defined as independent consultants/freelancers who create a profile in order to deliver Consultancy Services to solve Jobs for Businesses.
   
   
5. “Consultancy Service” is defined as the non-employed consultancy work provided by the Free Agents to the Business.
   
   
6. “Business” is defined as the user who creates a Business profile in order to offer Jobs by use of the Services.

In addition to these Terms and Conditions, the Company and you shall enter into a specific Cooperation Agreements/Consultancy Agreement as soon as possible and before any Job is commenced.  

 

2. SERVICES 

1. Services provided by Company include a technology platform, recruitment consulting, applications, websites that are intended to support the Business in finding relevant Candidates and/or Free Agents for a given Job, and vice versa.
   
   
2. Based on the brief given from the Business, the Company is responsible for handling the search for Candidates and/or Free Agents and present the Business with relevant Candidates and/or Free Agents™ that match the respective Job. Through the technology platform, Businesses can find information about selected relevant Candidates and Free Agents based on the input from the Candidate, Free Agents and/or the Company. Candidates and Free Agents use the Services to create a personal profile to display relevant information about themselves in relation to Jobs they are interested in.
   
   
3. By using the Services, the Business and Candidates/Free Agents agreed that the Company can use the data provided to match Jobs with relevant Candidates/Free Agents.
   
   
4. The Company may at any time change these Terms and Conditions by giving 14 days written notice. The use of the Services after the expiry of the notice period, is considered explicit consent to the changed Terms and Conditions.

 

3. USAGE OF SERVICES 

1. When registering an account on the Company’s platform, Businesses and Candidates/Free Agents accept to receive emails with relevant information from the Company. You can unsubscribe from these emails at any given time from your profile, with exception of those process emails deemed critical for the usage of our Services.
   
   
2. Businesses and Candidates/Free Agents must not allow third parties to use their accounts, nor transfer the ownership of the account to a third party. Also, Businesses and Candidates/Free Agents cannot offer or accept Jobs on behalf of a third party. Businesses have the opportunity to set up multiple user accounts under the same Business account. Candidates/Free Agents need to be minimum 18 years to set up an account and use the Services.
   
   
3. Businesses and Candidates/Free Agents agree to only use the Services for legitimate purposes and may not use any platform for advertising of any products or services.
   
   
4. It is strictly forbidden for Businesses and Candidates/Free Agents to circumvent the Company and engage in a dialogue about a Job that is posted on the Company’s platform, without prior approval by the Company.
   
   
5. All content submitted by Businesses and Candidates/Free Agents remains the ownership of those parties. However, by providing content to the Company, Businesses and Candidates/Free Agents grant the Company terminable rights to use, copy, alter, and distribute such content in order to deliver its Services without warning or consent from the content owners.
   
   
6. By submitting content to the Company, Businesses and Candidates/Free Agents guarantee that they have the ownership of the content or the rights, licenses, consent and authority to grant Company access to the content and that Company’s use of the content will not violate or offend any third parties.
   
   
7. Businesses and Candidates/Free Agents agree to not deliver content including hate, violence, pornography, racism or any other illegal elements.

 

4. OWNERSHIP

All rights to the Services belong to the Company. Neither these standard Terms and Conditions nor use of the Services will transfer or grant any rights to the Services or their contents to any third party in question. Businesses and Candidates/Free Agents therefore have no rights to use or in any way refer to, for example, the Company’s names, logos, Services or trademarks without the Company’s written approval.

 

5. BILLING 

1. Hires of Candidates (permanent hires)
   
   
2. Hires of Candidates are billed as specified in the Cooperation Agreement the Business enters with the Company.
3. Hires of Free Agents (consultancy hires)
   
   
4. To make the process as easy as possible for Free Agents™ all billing and payment is handled by the Company. Apart from this, the Company is not involved in the collaboration between the Business and Free Agents™.
   
   
5. When a Business post a job on the platform, which could be relevant for Free Agents™, the Business decide if they’d like to pay per hour, month or a fixed fee.
   
   
6. All other billing matters are described in the specific Cooperation Agreement/Consultancy Agreement which the Business and the Free Agents enter into with the Company.

 

6. DATA PROTECTION 

1. By providing your personal details like name, address, telephone number, email, and professional and personal experience, you give permission to the Company to share all such information with Businesses that are using the Services.
   
   
2. The Company processes personal information in accordance with applicable data protection legislation, and as described in the Company’s Privacy Policy, which current version is available on this link. 
   
   
3. The Company will take necessary precautions to secure that the personal information is not available to other users than those necessary to run the business concept for the Company. Your personal information may be used for statistical and anonymous assessments.

 

7. LIABILITIES 

1. If any Business, Candidate or Free Agents is in material breach of these Terms and Conditions, the Company may immediately terminate any Services to the breaching Business, Candidate or Free Agents in question.
   
   
2. The Company disclaims all liability for indirect, incidental and special losses, as well as consequential damages, including but not limited to, lost profits, lost data, personal injury or property damage related to, in connection with or otherwise resulting from use of the Services, even if the Company has been advised of the possibility of such damages. The Company is not responsible for any damages, liability or loss arising out of: (i) your use of or reliance on the Services or your inability to access and/or use the Services; or (ii) any transaction or relationship between you and any third-party provider. Under no circumstances can the Company’s total liability to you in connection with these Services for all damages, losses and disputes exceed DKK 25,000.
   
   
3. The Company is under no circumstances responsible to you if there is force majeure on the part of the Company or its subcontractors, including in connection with war, mobilization, unforeseeable failure, delayed or missing deliveries, fire, strikes, lockout, civil unrest, natural disasters, computer virus, interruption of normal traffic, including energy supply, restrictions from public authorities as well as similar force majeure occasions which are beyond the Company’s control and which the Company should not have taken into account when entering into this Agreement, nor should it have avoided or overcome.
   
   
4. You agree to indemnify and hold the Company harmless from any and all claims, liability for damages, obligations, losses, liabilities and expenses (including attorneys’ fees) arising out of or in connection with (i) your use of the Services or services or products acquired through the use of the Services; (ii) your breach or violation of these Terms and Conditions; or (iii) your violation of third-party rights, including those of third-party providers

 

8. LEGAL BASIS 

Any dispute related to these Terms and Conditions shall be governed by Danish law, exclusive of its conflict of law principles. Any dispute shall be settled by the City Court of Copenhagen (in Danish: “Byretten i København”)