GENERAL TERMS AND CONDITIONS
The present TERMS AND CONDITIONS were last updated on 09.05.2019
PLEASE NOTE THAT „NOBLE TECH“ LTD. DOES NOT IN ANY WAY FINANCE THE MEMBERSHIP OF USERS IN THE WEBSITE. THE REALIZATION OF THE RESULTS IN CONNECTION TO OUR SERVICES ARE BASED SOLELY ON THE DECISIONS OF USERS. THE ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS IS A COMPULSORY PREREQUISITE FOR THE USE OF THE WEBSITE.
NobleHire is a referral-based job board connecting the world’s most promising tech talent with cutting-edge companies, drastically lowering the time and cost per hire.
„NOBLE TECH“ LTD. may modify the General and Referral Terms and Conditions at any time on the website – www.noblehire.io, at its own discretion. At „NOBLE TECH“ LTD. we make sure you are well-posted about all modifications on our website and we shall try our best to always inform you in connection to any amendments. However, please make sure you check the date of the last modifications of the Terms and Conditions whenever you use the website. In case you do not agree to the new modifications of the Terms and Conditions, please contact the team of „NOBLE TECH“ LTD. through an email, requesting the deletion of your account. If you do not agree with the terms incorporated within this document, do not use the services, which are provided by „NOBLE TECH“ LTD. through the website www.noblehire.io. However, if you continue to use the services, we shall consider these actions as acceptance of the previously mentioned amendments.
The website is a complex structure incorporating two main online modules as it follows- Noble Hire and Culture by Noble Hire. The two modules have different functions according to the initially set out the purpose of the website. Please, make sure that you have informed yourself for the variety of functions both NobleHire and Culture by Noble Hire offer, their structure, and purpose, before registering. „NOBLE TECH“ LTD. shall be considered an Intermediary between Employers and Employees with the sole purpose of recruitment of personnel.
Once you agree to the Terms and Conditions, we consider this an explicit consent of approval to the following:
1.1. “NOBLE TECH“, “Noble“, “US“, “WE“, “The company” refers to „NOBLE TECH“ LTD, a limited liability company incorporated under the laws of the Republic of Bulgaria, and having its registered address at city of Sofia 1164, Lozenets district area, 12 Midzhur str., floor 3, UIC: 205211882, legally represented by: Georgi Ivanov Ivanov, email for communication to Noble Tech: [email protected] . Noble is a duly licensed company for performing services for selection and activities related to selection and recruitment of Personnel, licensed from the Bulgarian Ministry of Labor and Social Policy.
1.2. “User” shall mean any individual or legal entity who in any way accesses the website and/or uses the company’s services, including:
1.2.1. “Employer” shall mean users who create a company account and are given the possibility to publish job positions with the sole purpose of recruitment of candidates after recommendation made by Noble. Employers afterwards at their own discretion may offer jobs after selection.
1.2.2. “Referrer” shall mean any other registered user who may refer people known to them as Candidates on the offers made by Employers due to subjective criteria of the Referrer for compatibility of the criteria set out by Employers and the qualification of Candidates; for these activities Referrers shall receive remuneration as known as Referral bonus; the remuneration is an object of separate contracts signed with Noble; Referrers may be physical persons or legal entities.
1.2.3. “Candidate” shall mean any individual who shall have the possibility to self-register on the Platform and apply for available and open job positions or are recommended to Employers by Referrers.
1.3. “Noble Platform” shall mean the two online modules as it follows:
1.3.1. “NobleHire“ is an online module, on which Employers publish offers for recruitment, Referrers may refer Candidates to the Employers, and Candidates on an autonomous basis apply for available and open job positions.
1.3.2. “Culture by Noble Hire“ is an online module, on which current Employees of Employers have the possibility to include information related to their company’s culture and details related to the workplace, classified as “Sensitive Company Information”.
1.4. “Sensitive Company Information” may be requested on the Noble Platform and it presents information about a given company, including but not limited to the legal name, address, industry, web address, pictures of premises and team events with employees present in them, company achievements, mission, vision, goals, values, job vacancies and related details; the details may include job descriptions, job roles and responsibilities, offered salary and remuneration package details, hiring manager and team details (names and pictures), culture (culture elements, engagement practices).
1.5. “Hiring fee” shall mean any remuneration received by Noble from Employers for the providence of Intermediary services based on separate contracts, signed between the Parties. The hiring fee is an object of separate negotiations with Employers and may vary according to each specific case.
1.6. “Referral bonus” shall mean any Referrer who receives remuneration under the form of percentage of the hiring fee for certain performed tasks on the Noble platform, object to prior negotiation and signing of a separate contract with Noble, including:
1.6.1. Referral of a Candidate who shall be hired by an Employer;
1.6.2. Referral of a Candidate, who on the other hand, refers a second candidate who shall be hired by the Employer; the referral of a third candidate regardless of the fact whether they are hired or not is not compensated;
1.6.3. Any other task, which explicitly promises money reward according to Noble’s policy;
1.7. “Referral / application status update” shall incorporate the obligations of Noble and the Employers to submit information to the Referrer or Candidate on the stage of their recommendations or applications.
1.8. “Terms” shall collectively refer to the present Terms and Conditions.
1.9. “Confidential Information” shall mean any and all technical and non-technical information including but not limited to patent, copyright, trademark, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formula related to current and future proposed products and services of Noble or the users, and includes, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, business forecasts, sales and merchandising, and marketing plans and information. Confidential information is considered the one including the disclosure of a user’s information to another user for the purposes of recruitment. Confidential Information shall include any copies, analysis or abstracts made thereof as well as any modules, samples, prototypes or parts thereof.
2. GENERAL PROVISIONS
Please, bear in mind that Noble does not in any way independently and in the capacity of an employer offer any working places and job positions. The company does not guarantee in any way the success of the recruitment process. Nothing in the present Terms or the content of the website shall be interpreted hereinafter directly as making either party an employer, contractor or employee of the other. Noble appears an Intermediary between the Employer and the Employee by undertaking all necessary activities to provide the respective services of searching, assessing, selecting and presenting a list of applicants for the positions included on the website. Noble reserves its right to conduct the selection freely and at its own discretion.
In order to use the services provided on the website, you must be at least 18 years old and able to enter into legally binding contracts in the corresponding roles as Employer, Referrer or Candidate. Noble shall not be held liable if a person, who is under 18 years old, uses the services of the website by providing untruthful information.
The services of the website can only be used when registration is generated. Registration of a third person is not allowed, it is solely personal. An exception is allowed referring to the registration of legal entities by a duly authorized person. Noble is not obliged to verify in any way the authorization of the persons in the latter case and shall not be held liable in case the legal entity does not approve the registration and the actions hereinafter on the website.
You are solely responsible for all actions performed by your account as Users via the login with your username and password for access. You agree to inform Noble in any case, there is an unauthorized access to your account.
For an author of the electronic statements, we shall consider the individual indicated in the statement as its author. Signatory of the electronic statements shall be the Users on whose behalf the electronic statements is made according to article 4 of the Electronic Document and Electronic Trust Services Act of Bulgaria. Noble is not responsible in any way for the non-compliance with the legislation.
The published contacts and information of Employers, their representatives, Candidates, and Referrers may be used only for the intended purpose, namely in relation to applications for the specific positions. Users explicitly agree not to use this data for any other occasion.
The decisions you take as a User, in connection to the information you provide to other users, the business relations you would like to enter into with other users and under what conditions, are entirely and solely based on your estimation and they are your responsibility.
Anonymous use of website services is strictly forbidden.
Each user agrees that it will not make use of, disseminate, or in any way circulate within its own organization any Confidential Information of the company or other users, which is supplied to or obtained during the use of the website. The restriction is not applicable to the extent necessary for negotiations, discussions, and consultations with personnel or authorized representatives of the user. Users further agree that they shall not disclose or publish any Confidential Information of other users or of the company to any third party and that they shall use their best efforts to prevent inadvertent disclosure of such Confidential Information to any third party.
2.1. FOR EMPLOYERS
Employers upload and announce job positions at their own discretion and according to their needs and capacity. Employers are solely responsible for the truthfulness of the information they publish.
Noble offers the opportunity to initially create profiles in Culture by Noble Hire on behalf of Employers through the synthesis of the Employer’s information, which is publicly available. In this case, Noble shall present a detailed description of the website links used and shall provide hyperlinks to them for other users to access. Afterward, Employers shall have the possibility to develop their profiles in Culture by Noble Hire and include specific details about their companies. An above-mentioned option is an object of prior approval by Employers. Noble shall not be allowed to publish such information without the knowledge and consent of Employers.
In relation to the creation of the company profile, its maintenance, job announcements and information uploaded on NobleHire and Culture by Noble Hire, the current employees of the Employer should give explicit consent for their participation in the presentation.
When Employers provide pictures and videos for the property on Culture by Noble Hire, they should reflect the conditions and quality of the services adequately and accurately.
The present Terms and Conditions shall be considered an inseparable part of future agreements concluded between Employers and Noble with the purpose of selection and recruitment of personnel.
The Employer is entitled to present any information, which is necessary for the selection including but not limited to expectations, criteria and requirements for the positions and any other relevant information, which may be required by Noble. Noble shall not be held liable for the selection of candidates, who are not suitable according to the Employer.
Employers are required to present in a reasonable period of time referral or application status update in connection to received referral recommendation and/or candidate application stage. The requests for such checkups should be made through the email of Noble. Direct connection and request of a status update from the Employer is not allowed.
When Noble has suspended its active intermediary activity according to section 2.4. of the present Terms, Employers are obliged to declare the presence of such referrals of Candidates to Noble according to the individual contracts they have signed with Noble.
2.2. FOR CANDIDATES
Candidates are free to decide the job offers for which they would like to apply. We recommend the prior search of information about the Employer via either Culture by Noble Hire or other sources.
Noble is not responsible and shall not be held liable in any way for the unsuccessful recruitment; failure to participate in selection for job announcements due to the subjective consideration for incompatibility with the job requirements or due to Noble’s policy for referral of one Candidate to three Employers contemporaneously (read more in the present point); termination of any labor contract regardless of the grounds.
Noble recommends one Candidate at the same time to a maximum of three Employers regardless of the number of job positions the Candidate has applied for or for how many job positions they have been referred to by Referrers. Noble team considers this policy as highly effective in the practice and suggests Candidates to choose wisely the job positions for which they apply.
Noble communicates actively with all Candidates via email and phone (when necessary) on the platform regardless of whether Candidates have already applied or have been recommended. The communication is due to the purpose of insurance of high-quality service for Candidates. When a Referrer has made a successful referral of a specific Candidate, the latter is not required to self-register on the website after a recommendation. The Candidate has the obligation to object to the referral if they do not approve or confirm it. Noble considers the referral approved if the Candidate has not raised objections to it through email after the receipt of the initial one by Noble.
Candidates have the possibility to participate in different marketing campaigns conducted by Noble. Such is the free gift boxes giveaway to all Candidates after successful recruitment by Employers, without significance if they have applied independently or via a referral. For more information, please refer to article 7- Marketing Activity for more information about the campaigns.
Please bear in mind that Candidates can also refer others for job positions. Therefore, when they conduct this activity, Noble shall consider them as Referrers and the Referral Terms and Conditions shall be fully applicable for them even if they have not agreed to them explicitly. For more information read the Referral Terms and Conditions.
2.2.1. BLANK APPLICATION
The Noble platform gives the opportunity to Candidates to use the website function- “blank application”. This shall mean that the Candidate fills in information about themselves and send it to Noble’s team. The candidate, in this case, assigns to Noble the task to search for an adequate job position for them. The blank referral option is accessible by clicking the “Send Your Application” button and filling in the information needed. The time needed for search is subject to personal estimation by Noble.
2.3. FOR REFERRERS
Noble communicates actively with all Referrers via email and phone (when necessary) on the platform regardless of whether Referrers have already referred a Candidate. The communication is due to the purpose of insurance of high-quality service for Referrers.
Referrers shall receive payments for the performed tasks, arranged in Section 1- “Definitions”, when they are explicitly agreed upon. The activities conducted by Referrers on the website suggest the receipt of remuneration. The activities and the amount of the referral bonuses are an object of separate arrangements and contracts signed with Noble.
When Noble has suspended its active intermediary activity according to section 2.4. of the present Terms, the Referrer is duly informed by Noble. In the present case, Noble does not guarantee the payment of the referral bonus to the Referrer.
For more information about the terms for usage of the website by Referrers, please read carefully the Referral Terms and Conditions, which are part of the General Terms and Conditions. Referrers must agree to the Referral Terms and the General ones in order to use the website and its functionalities.
2.4. FOR NOBLE
Noble has the responsibility to respond to status update requests in a reasonable time period. Noble has the responsibility to submit and forward the requests to Employers. Noble shall not be responsible in case Employers do not submit such information at all or in time.
Noble shall suspend its active role of providing intermediary services for all Candidates for which the Employer proves that they appear in their database as recommendations or nominations in the last 30 days and 6 months (depending on whether they have applied independently or are recommended by third parties). The application of the Candidate is not suspended in any way and it lasts. However, Noble does not intervene by further referring.
3. GENERAL DISCLAIMERS
3.1. AGREEMENTS AND RESPONSIBILITY
It is forbidden for Referrers and Candidates and Referrers and Employers to secretly discuss and negotiate the recruitment of personnel or any distribution of referral bonuses between the parties. In case Noble acquires information relating such arrangements, the company has the right to restrict the access to the website and delete the accounts of the parties, participating in the agreements. This is also applicable when Candidates and Employers discuss and negotiate the recruitment without the knowledge of Noble. All parties involved shall pay Noble a penalty equal to the double amount of the hiring bonus for Noble, which should have been payed if there were no such negotiations and the platform had been used correctly according to the rules of Noble.
Employers are independent contractors and Candidates sign labor contracts directly with them. Noble does not in any way sign labor contracts with Candidates. The company only has a role as an Intermediary.
The parties in the following employment contracts shall act in good faith by fulfilling their obligations accordingly. Any non-performance, partial performance, material injury and any other obligation arising from the agreements are responsibility solely to the Employers and Candidates. We are not liable for any infringement of the contracts between the above-mentioned parties.
In connection to the services provided, we are not liable for any claims relating tort, delict or quasi- delict caused by either Employers, or Candidates during the exercising of the obligations under the employment contracts.
3.2. TERRITORY COMPATIBILITY
The use of our Services shall be in compliance with all applicable legislation according to the territory you access from. Users shall have the obligation to check the compatibility of the website with the legal systems, legislation and restrictions in the country they access from. Noble does not allow the access of the website in case the content is found illegal according to the certain country. However, we are not liable in case you access regardless of the violation of the legislation of the country or region. Users are solely responsible for the compliance of the activity of Noble with the applicable local, regional or international laws, regulations, directives, etc.
3.3. INAPPROPRIATE BEHAVIOUR
Users agree that they shall not upload any content referring to advertising and promoting the activity of competitive companies and websites or for other commercial purposes or offer participation in illegal activities. The website should not be accessed from an electronic device, which is known to contain viruses, Trojan horses, worms and other cyber programs, which may cause damage to the website.
The content of the website shall not be used for commercial purposes but only for private ones. Users who use the website for commercial purposes shall be held liable.
Users are forbidden to interfere in any way by any electronic means in the activity of the website. In case such behavior is established, the company shall be entitled to undertake every possible measure to prevent the negative consequences and shall hold the user responsible.
Any messages, actions, comments, documents, photographs, etc., which is an implicit or explicit way refer to terrorism, discrimination, racism, or any other form of inappropriate behavior is strictly forbidden and will lead to the immediate deletion of the account. We have no responsibility to monitor the behavior of users and shall not be liable for these actions. We request in case other users see such inappropriate behavior, to inform us as soon as possible. Noble shall make everything possible to restrict, prevent and delete the provocative content.
3.4. THIRD PARTIES
The platform via Culture by Noble Hire or NobleHire may incorporate hyperlinks, forwarding to websites hosted and supported by third parties. Users are given the opportunity to upload information for their websites, provided they do not contain commercial agitation or they do not provide services, which are in any way similar or identical to the ones offered by Noble.
4. ACCOUNT MAINTENANCE
Users are entitled to update their accounts, job announcements, CV and any other personal information, which can be used in any way for the purpose of recruitment, at all times. We are not liable for using old, not updated information presented in the accounts for our role as Intermediary.
We recommend that you do not leave your account signed in without your supervision. Users should not grant access to their accounts to third persons.
Users should connect to Noble via email [email protected] in the following cases:
- they have any detected security breaches or issues;
- their account has been under a cyber-attack;
- their account has been modified without their authorization;
- their account has been accessed without their authorization;
- any other case, which is related to the proper usage of the accounts.
Users may distribute or share hyperlinks, which lead to Noble’s website freely, provided the activities are not conducted with commercial purposes. If users want to distribute or share in any way the content in the website for commercial purposes, they have to receive a written prior confirmation by Noble. Users are not allowed to broadcast, transmit, copy, share, etc. in any way the uploaded in the website content- including but not limited to personal data of other users and policies of the company, and they are not allowed to modify the content to represent it as their own. Users who undertake any action against these provisions shall be liable for any direct and indirect consequences, regarding the company.
6. INTELLECTUAL PROPERTY RIGHTS
Users guarantee that they have the full and exclusive right, title and interest in and to all uploaded on the website intellectual property rights including but not limited to trademarks, slogans, messages, phrases; documents; photographs; materials or any other works made, designed or conceived by them.
When sensitive company information is uploaded on the Culture by Noble Hire module, Employers explicitly confirm the following:
- the employees and any other third person on the photographs have given explicit consent for the uploading, transmitting and sharing of the photographs for the purposes of the website;
- the employees and any other third person whose personal information is uploaded, transmitted and shared on the module have given their consent;
Employers hereunder declare that they are the sole proprietors of all objects of intellectual property rights, which they present in any way to Noble for the purposes of the website.
In the case of any material and/or non-pecuniary damage suffered by Noble as a result of claims by third parties in respect of violations of their rights and legitimate interests (copyright, trademark, etc.) made by Users in the fulfillment of the obligations of the latter under the present Terms and Conditions and any other compulsory to the website document thereto, the User undertakes to compensate Noble for the full amount of damages suffered by Noble.
The intellectual property rights on this website are a subject of Our Legal Notice. Please make sure you inform yourself about the content of the Legal Notice.
7. MARKETING ACTIVITY
Noble encourages and believes that Candidates have all the right qualities to be called Talents. This is why Noble organizes different marketing campaigns in which Candidates have the possibility to participate freely.
Noble at its own discretion conducts such campaigns. Please bear in mind that in case the Employer has received the specific Candidate’s application through a different platform, Agency or the Candidate has applied independently without Noble’s platform within 30 (thirty) days of Noble’s recommendation for the same Person, the Candidate shall not have the opportunity to participate in ANY of the marketing campaigns. This is due to the reason that the Employer already has the Candidate’s profile present in his database and Noble has not contributed to the process of selection. If Employers have received such prior recommendation, they have the obligation to inform Noble. Candidates also are given the opportunity to confirm or reject the statement of Employers. Employers are duly obliged to provide verification of such prior recommendation which is not received from Noble whenever needed to prove the truthiness of the statement. Noble is not responsible for the providence of untruthful information by the Employer which may be forged or deliberately manipulated.
As mentioned above, for all Candidates who have been successfully recruited by Employers there shall be a free-gift-boxes giveaway without significance if they have applied independently or via a referral. The only conditions they have to comply with to receive such gift box are:
- They should be successfully recruited by an Employer;
- The recruitment should be made by Noble’s platform;
- Noble should be the only platform via which the Candidate has been recommended to the Employer within 30 (thirty) days prior to Noble’s recommendation.
Additionally to the gift boxes, only Candidates, who have applied independently without a referral from a Referrer, have the opportunity to participate in an additional marketing campaign conducted by Noble during which they can receive additional prizes or marketing products- digital or printed. Noble at its own discretion decides the type of product or prize to offer. Additional information for the participation, time period of the marketing campaign, etc. shall be announced on the website or through another source of communication with the consent of Candidates, provided previously by them in connection to the providence of the services- including but not limited to email correspondence. Noble reserves its right to conduct such campaigns whenever the company decides.
The conditions for the additional marketing campaign for prizes or marketing products are as follows:
- Candidates should have applied independently for a job position without a referral; and
- The Candidate should have been successfully recruited; and
- Noble should have been the only platform via which the Candidate has been recommended to the Employer within 30 (thirty) days prior to the Noble recommendation.
Any more marketing campaigns conducted by Noble in the future shall be explicitly announced on the website. Noble reserves its right to modify the rules and criteria for participation according to each particular campaign. In case any of the rules for participation in the announcement on the website and in the present Terms and Conditions differ, the announcement shall overrule.
If you have any questions regarding the participation and the rules for the conducting of the marketing campaigns, do not hesitate to contact Noble’s team at [email protected] .
8. RESTRICTION OR DELETION OF CONTENT
Please, bear in mind that the website could be periodically modified, updated, maintained or technically supported. Therefore, access to the website may be restricted for a certain period of time. Noble shall not be liable for any indirect consequences resulting from the limited access to the website or the lack of possibility to access for this period of time.
During the modifications, updates, and maintenance, some of the offered job announcements or information from the accounts of users may be replaced or deleted by accident. Users are requested to contact Noble if they notice such changes. Noble shall not be responsible and liable for such undesired consequences but the company shall assist in every possible way to regenerate the lost and/or deleted data after receiving such information by users.
Additionally, after the request for deletion of the account by any user or in case of deletion of the same due to a breach of our rules, any relevant to the user information may be replaced or deleted. You agree that we are not liable for the consequences arising from the above-mentioned cases.
We have the right to undertake any necessary actions to restrict inappropriate or inaccurate content or to delete it if we consider the latter a violation of the applicable for the website rules. The company may restrict or delete an account, delete announcements and publications, photographs, comments, etc. We can take action without your prior consent and knowledge. However, please bear in mind that it is the responsibility of the users to upload truthful, accurate and non- offensive content on the website. Therefore, they are solely responsible and liable for any content, which is considered to violate any third person’s rights.
In case the account of an Employer is restricted or deleted due to any of the above-mentioned reasons, incorporated in the present Terms and Conditions, any payments made for the providence of the services by Noble shall not be refundable. The behavioral compliance with the obligations during the use of our website is the users’ responsibility and the payment is made at their own risk.
9. DELETION OF AN ACCOUNT
Your account of a user can be deleted in the following cases:
- When the behavior of the User is not compliant to the rules incorporated in the Terms and Conditions;
- When the User requests the deletion of his profile and/or exercises his right “to be forgotten”;
- Does not use the services of the website for more than 2 (two) years;
- In any other case based on the sole discretion of Noble with a prior electronic written notice to the User;
The access to the account may be restricted in the following cases:
- In case of doubt for account theft, breach and any other troubleshoot during the use of the account;
- When the behavior of the User is not compliant to the rules incorporated in the Terms and Conditions but the non-compliance does not require the deletion of the profile;
Noble shall not be liable in any case for the undertaking of the above-mentioned actions- deletion and restrictions of profiles, and the consequences thereof. These actions are an object of the company’s sole estimation and judgment and cannot be held liable for them.
10. COMMUNICATION WITH USERS
Noble may approach Users via a variety of communication means, including telephone, social media or email. The above-mentioned means shall be available after the providence of the information from Users. Users are free to choose the communication method they prefer when the method is not strictly established by Noble in connection to a certain procedure. Please, bear in mind that we include different alternatives for communication with Users in case we would like to additionally confirm information related to a given referral or application for a given position. You, as a User, give your consent for Noble to contact you via email, telephone or social media, once You provide the information prior to the use of the Noble platform. In this case, Users shall be considered addressees of electronic statements relating the use of our services. We shall consider the agreement to the present Terms and Conditions as unambiguous circumstances that you have agreed to receive the statement in electronic form via email, telephone or social media according to article 5 of the Bulgarian Electronic Document and Electronic Trust Services Act.
For example, we may communicate with Users via the provided with the registration or further providence of personal data email address, telephone number or social media profile in connection to confirmation of a profile, privacy problems, security breaches, technical or administrative issues and legal breaches regarding your use of our services.
11. GDPR COMPLIANCE
10.1. Storage of personal data to a maximum of 1 month for Candidates who are not approved.
10.2. Storage of personal data to a maximum of 6 months for approved Candidates.
10.3. Storage of personal data to a maximum of 12 months for Candidates who have not applied for a specific position.
When a User provides information for another person or entity, they declare that they have the latter one’s explicit consent for the providence of personal data. Noble is not liable if the information is provided without the prior consent of the data subject.
12. FINAL PROVISIONS
The present Terms and Conditions, which are a compulsory prerequisite for the use of our website, shall constitute an agreement between the parties with respect to the subject matter hereof, and shall overrule any and all previously made oral and/ or written agreements between the parties relating such subject matter.
The competent Bulgarian law and the applicable Bulgarian legislation shall govern any disputes arising from the Terms and Conditions. The issues, which are unsettled accordingly in the present Terms, shall be a subject to the legislation of the Republic of Bulgaria.
In case any of the provisions in the present Terms and Conditions are found to be illegal, unenforceable, unclear or void, these provisions shall be considered severable from the Terms and Conditions and shall not in any way influence and affect the validity, applicability, and enforceability of the remaining provisions of these Terms.
We are expecting your questions for the terms of website use any other request via email to the following address: [email protected]
REFERRAL TERMS AND CONDITIONS
The present TERMS AND CONDITIONS were last updated on 27.05.2019
PLEASE NOTE THAT „NOBLE TECH“ LTD. DOES NOT IN ANY WAY FINANCE THE MEMBERSHIP OF USERS IN THE WEBSITE. THE REALIZATION OF THE RESULTS IN CONNECTION TO OUR SERVICES ARE BASED SOLELY ON THE DECISIONS OF USERS. THE ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS IS A COMPULSORY PREREQUISITE FOR THE USE OF THE WEBSITE. A COMPULSORY PREREQUISITE FOR THE RECEIPT OF REFERRAL BONUS IS THE SIGNING OF AN INDIVIDUAL CONTRACT WITH NOBLE. For more information about the individual contracts and the terms for receipt of referral bonuses, please read the present terms and conditions or contact Noble team on email: [email protected] for more details.
The definitions set out in the General Terms and Conditions are applicable for the present Referral Terms.
2. GENERAL PROVISIONS AND REFERRAL BONUS
Noble does not guarantee the receipt of a referral bonus in any way. The referral bonus is dependent on the occurrence of certain events including:
2.1. Referral of a Candidate who is afterward hired by an Employer;
2.2. Referral of a Candidate, who on the other hand, refers a second candidate who is afterward hired by the Employer; the referral of a third candidate regardless of the fact whether they are hired or not is not compensated;
2.3. Any other task, which explicitly promises money reward according to Noble’s policy.
Noble does not guarantee a fixed minimum for the remuneration in any way. The amount of the referral bonus is equal to 20 % (twenty percent) of the hiring fee when Referrers use the option “Share to Your Network” according to the steps in point 3.2. of the present Terms or 80 % (eighty percent) of the hiring fee when Referrers use the option to refer a specific person according to point 3.1. of the present Terms. Referrers shall not have any objections or claims in connection to the amount of the hiring fees due to the fact that they are different and negotiable only between Noble and each Employer independently.
The final amount may be different than the expected full 20 % or 80 % of the hiring fee due to tax, insurance, and labour regulations and requirements for payment of taxes and insurance by Noble (for more information, please read point 6- Types of individual contracts and legal requirements).
The referral bonus is payable as it follows: 30 % (thirty percent) of the referral bonus is payable within 5 (five) days after the first working day of the Candidate on the precise workplace for which they have been referred to and the other 70 % (seventy percent) is payable 3 months after the first working day of the Candidate. Noble is obliged to keep accountancy for the precise period in which the Candidate has started to perform their obligations according to the labour contract signed with the Employer. The information Noble obtains from every Employer. Noble shall not be held liable in any way if the Employer fails to perform their obligations to submit information about the signing of the labour contract and the first working day of the Candidate. Additional requirements for the receipt of the remuneration is the signing of an individual contract with Noble and the declaration of certain tax, labour and insurance facts requested by Noble. For more information about the individual contracts and the declarations, please read carefully point 6 of the present Terms or contact Noble’s team via email. Prior payment is strictly forbidden. Noble does not owe Referrers the remaining 70 % (seventy percent) of the remuneration in any way if the contract with the Candidate has been terminated during the first three months of the recruitment.
In case of any discrepancy related to the bonus, please contact Noble team. The team of Noble may need additional information with the purpose of determining the claim.
3. STEPS FOR REGISTRATION AND RECOMMENDATION
3.1. When the Referrer wants to recommend a specific person for the job position, it is highly recommended that they follow the below-mentioned steps:
- The Referrer should talk to the person they think might be a good fit for this position and see if they are interested;
- If they are interested in the job, the Referrer should recommend them for the position by using the form, provided on the website www.noblehire.io;
- The candidate will be contacted by Noble’s team via email, if provided, for the purpose of introducing them to the next steps and requirements of the procedure for application;
- The candidate will be contacted and interviewed by the company;
- If the recruitment is successful, the Referrer receives a referral bonus as mentioned above in point 2 of the present Terms;
Please note that the Candidate may independently register after the Referrer has provided information about the job position and the platform. In the present case, the Candidate has the obligation to mention the Referrer during their registration. If they omit to mention the Referrer, Noble is not liable for the lack of payment to the Referrer. Solely responsible for the providence of untruthful or incomplete information about the Referrer is the Candidate.
When a Referrer has made a successful referral of a specific Candidate, the latter is not required to self-register on the website after a recommendation. The Candidate has the obligation to object to the referral if they do not approve or confirm it. Noble considers the referral approved if the Candidate has not raised objections to it through email after the receipt of the initial one by Noble. If the Candidate refuses the referral, Noble does not owe the Referrer any remuneration.
3.2. When the Referrer does not know a specific person for the job position, they can push the button “Share to Your Network” and enter their required information for the sole purpose of connecting the generated by the website hyperlink to the precise Referrer and identifying them for the referral bonus. The Candidate, in this case, registers independently on the website by following the generated hyperlink. If they decide to enter into the website after seeing the Referrer’s post/ comment, etc. in their Network but without using the hyperlink, Noble cannot identify the referral activity and the identity of the Referrer. In this case, the above-mentioned for independent registration by the Candidate without the providence of information about the Referral is applicable. Noble shall not be liable in any way for these circumstances and shall not owe the Referrer remuneration due to the lack of proof for a recommendation.
4. ESTABLISHMENT OF A REFERRER
Referrers use two types of methods for referral activity:
(i) If Referrers do not know a specific person who is a good fit for the job position, they can generate a hyperlink of the job position and share it through their Network, including social media platforms, applications, etc. at their own discretion;
(ii) They can recommend a specific person by pushing the button “Refer Candidate” and fill in a form with information about the candidate and the Referrer himself if needed;
The participation of Referrers is established by two methods:
(i) by Candidates who follow the generated hyperlink and shared through any social media platform or application by the Referrer for a certain position; in this case, the establishment is proven automatically due to the unique hyperlink, which is generated;
(ii) by Candidates who decide to register and fill in information about the Referrer in the registration form;
(iii) by Candidates through email communication with Noble.
Please bear in mind that Candidates are solely responsible for the due and proper providence of information about the Referrer when such is requested. In this case, the Referrer agrees that Noble is not responsible in any way for the lack of information about the Referrer and does not owe the Referrer any remuneration. Any legal claims in the present case should be directed solely to the Candidate who has not provided such information about the referral activity. Noble may pay remuneration to the Referrer at its own discretion if the Candidate after the registration contacts Noble’s team and in writing confirms the Referrer’s participation. The verification of the Candidate related to the written confirmation may be subject to additional requirements by Noble, which the Candidate should execute and any expenses shall be paid by the Candidate.
5.1. Creating multiple accounts
The Referral bonus may not be earned by creating multiple accounts on Noble. If your account has been deleted due to violation of the rules of Noble’s website, you may not register anymore. You shall be held liable if you use untruthful information for the registration with the purpose of making a new account in the above-mentioned case. Noble reserves its right to delete a Referrer’s account at its own discretion whenever Noble considers the behaviour of the Referrer inadequate or inappropriate for the website.
Referrers shall not in any way “spam” any Candidate with referral requests. Spamming shall be considered any repeatedly sent messages with invitations to people to become Candidates through diverse social media platforms, applications, email, etc. with or without using automated systems or bots to distribute the hyperlink.
5.3. Threats and manipulations
Referrers are forbidden to use physical force, manipulation or in any way to threaten the well-being of future Candidates or their relatives in order to persuade them into applying for a job position. In the present case, Referrers shall be held liable.
5.4. Negotiations between Referrals and Candidates and/ or Employers
Any negotiations directly between Referrers and Candidates and/ or Employers excluding Noble are strictly forbidden. The negotiations include any agreements- in writing or oral – with a subject the recruitment and/ or intermediation of Candidates and arrangements for receipt of referral bonuses directly from a Candidate or an Employer without the previous knowledge and written consent by Noble. Any agreement- oral or in writing- with any matter related in any way to the principal business of Noble, with any other person or entity apart from Noble is strictly forbidden and the Referrer, as well as the other party/ parties, shall be held liable. The latter is applicable in any case when the parties would not have been informed about the job position if they have not used the Noble platform. All parties involved shall pay Noble a penalty equal to the double amount of the hiring bonus for Noble, which should have been paid if there were no such negotiations and the platform had been used correctly according to the rules of Noble. Any negotiations of Referrers with third persons, apart from Candidates or Employers- with the same purpose of omitting Noble, is also forbidden.
5.5. Competition of Referrers
In case two or more Referrers refer the same Candidate and the Employer successfully hires the latter, only the first to recommend the Candidate shall receive remuneration. Solely Noble conducts the establishment of this fact and Referrers agree that they shall not lodge any complaint or claim against Noble’s activity. Referrers are free to present proof for the time of the recommendation but Noble reserves its right not to take them into account in case Noble’s system and team have already determined the first Referrer.
6. TYPES OF INDIVIDUAL CONTRACTS AND LEGAL REQUIREMENTS
REFERRERS RECEIVE BONUS ONLY AFTER A SUCCESSFUL RECRUITMENT OF THE RECOMMENDED BY THEM CANDIDATES BY EMPLOYERS AND IN CASE THE EMPLOYMENT CONTRACT HAS NOT BEEN TERMINATED DURING THE FIRST THREE MONTHS OF RECRUITMENT.
As mentioned above, the receipt of the referral bonus is dependent on successful recruitment of the Candidate, the employment of the Candidate for more than three months, the conclusion of an individual contract between the Referrer and Noble and declaration of legally requested facts according to point 6.2. The signing of the individual contracts is a legal requirement for the payment of the remuneration.
Please bear in mind that the final amount may be different from the full 20% or 80 % of the hiring fee. The reason is the legal requirements for additional payment of tax and insurance according to every individual case. Referrers should be aware of the rights and obligations they have in accordance with the Bulgarian labour, tax and insurance legislation.
6.1. LEGAL ENTITIES
When legal entities are Referrers, they shall issue an invoice, which is duly sent to Noble on the address mentioned in the individual contract. Based on the invoice, Noble pays the referral bonus after the third month of recruitment of the Candidate.
6.2. PHYSICAL PERSONS
6.2.1. Domestic physical persons
Please bear in mind that the income you have received as a Referrer on the website based on the individual contract is subject to tax and/or insurance payments according to the applicable tax and insurance legislation for declaring incomes for civil contracts.
- If the physical person is self-insuring, they should declare this circumstance to Noble. In this case, Noble pays the bonus in the arranged amount without withholding taxes and insurances.
- If the physical person is not self-insuring, Noble has the obligation to withhold money for tax and insurance according to the Bulgarian legislation. The withholding is due after the declaration of the facts stated below by the physical person for the month for which the remuneration is due:
– presence of other labor and non-labor relations with income (the declaration is type YES/ NO);
– amount of the income object to insurance from the above-mentioned relations;
– other facts, the knowledge of which, are a necessary prerequisite for the calculation and payment of taxes and/ or insurance;
- If the physical person is retired, Noble has the obligation to withhold money for taxes according to the Bulgarian legislation. The withholding is due after the declaration of retirement;
Noble is not responsible for the declaration of untruthful information by the physical person or the lack of any declaration. If Noble is impeded from paying the due taxes and/or insurance due to fault by the physical person, the latter shall be responsible for all material sanctions applied by the state to Noble for non-compliance with the legislation.
6.2.2. Foreign physical persons
If you are a foreign physical person, Noble pays only the remuneration. The foreign physical person should declare in a tax return according to the applicable law in their country the income. Noble is not in any way responsible for the non-execution of the present obligation, the failure of the Referrer to submit the documents in time and any consequences that may occur due to the non-compliance with the foreign legislation.
FOR MORE INFORMATION ABOUT THE PROPER USAGE OF THE WEBSITE, PLEASE CONTACT NOBLE’S TEAM.