Terms of Service for DevPally – HR Tech company 

 

Effective Date: 18th July 2023

 

Welcome to DevPally! These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Talent,” “you,” or “your“), (“Client, “you” or “Company” or “Recruiter”) and DevPally (“DevPally,” “we,” “our,” or “us“), an HR Tech Startup that connects talented individuals with companies. By using our platform and services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with these Terms, please refrain from using our services.

  1. Description of Services

DevPally operates an online platform that connects exceptional talent with companies seeking their skills and expertise. The use of DevPally’s platform is free of costs for Talent and Companies. Payments to Talent are made as specified in the employment contract.

 

  1. Client/Companies Section:
  2. Communication through Other Means

Clients/Companies understand and acknowledge that this agreement and all its terms and conditions remain in effect even if they contact DevPally or initiate discussions through means other than the website, including but not limited to WhatsApp, phone calls, emails, or any other communication channel. Any such communication shall be considered an extension of these Terms and subject to the same conditions outlined herein.

  1. Non-Circumvention Clause

            Clients/Companies agree to the following non-circumvention clause:

  1. Non-Disclosure of Talents’ Information: Clients/Companies shall treat all information provided by DevPally regarding talents, including but not limited to candidate profiles, skills, and contact details, as strictly confidential. Clients/Companies shall not disclose, share, or use such information for any purpose other than assessing talents for potential employment through DevPally’s platform.
  2. No Direct Engagement: Clients/Companies shall not engage talents introduced by DevPally for any job opportunities outside of DevPally’s platform, without prior written consent from DevPally. This includes direct hiring, contracting, or any other form of engagement without DevPally’s involvement.

 

  1. Notification of Interest: If a Client/Company becomes aware of a talent introduced by DevPally and wishes to explore employment opportunities with the talent outside of DevPally’s platform, the Client/Company agrees to inform DevPally in writing. DevPally shall then have the option to initiate discussions with the talent regarding the Client/Company’s interest.
  2. Enforcement and Damages: In the event of a breach of this non-circumvention clause, DevPally shall be entitled to seek injunctive relief and other appropriate remedies to enforce this clause. The Client/Company shall be liable for any damages incurred by DevPally as a result of the breach.

 

By engaging with DevPally’s platform or initiating communication with us through any means, Clients/Companies acknowledge their understanding and agreement to the terms stated above, including the non-circumvention clause. Failure to comply with these terms may result in legal action and may impact the Client/Company’s ability to use our services in the future.

 

  1. Talent Obligations

By using DevPally, you acknowledge and agree to the following:

 

  1. Payment of Fees: When successfully placed with a company through our platform, you agree to pay DevPally a fee. These fees are non-negotiable and are due within 30 days of receiving your first salary or/and subsequent salary, as applicable.
  2. Right to Use AI and Tech Tools: By using DevPally’s services, you grant us the right to use AI and other tech tools to analyze the data and information you provide to us, including your CV, resume, or any other relevant information. This analysis will be used to match you with potential job opportunities and improve our platform’s performance.
  3. Accurate and Up-to-date Information: You are responsible for providing accurate and up-to-date information about yourself, including your skills, qualifications, work experience, and any other data required for potential job placements. DevPally is not liable for any consequences resulting from inaccurate or outdated information provided by you.
  4.  Confidentiality: You understand and agree that the information provided to DevPally may be shared with potential employers to facilitate the job-matching process. However, we will take reasonable measures to protect your personal data in accordance with our Privacy Policy.
  5. Compliance with Applicable Laws: You agree to comply with all applicable laws and regulations regarding your use of DevPally’s services, including but not limited to labor laws, data protection laws, and intellectual property laws.

 

  1. DevPally’s Rights and Obligations
  1. Job Matching: DevPally will make reasonable efforts to match you with potential employers based on the information you provide. However, we do not guarantee job placements and are not liable for any employment-related decisions made by companies using our platform. 
  2. Modification of Services: DevPally reserves the right to modify or discontinue any part of our services, including features, fees, or the platform itself, at any time without prior notice.
  3. Termination of Services: DevPally may suspend or terminate your access to our services at our discretion if you violate these Terms or engage in any conduct that we deem harmful to the platform or other users.

 

  1. Intellectual Property
  1. DevPally’s Intellectual Property: All intellectual property rights in our platform, including but not limited to trademarks, logos, and copyrighted content, belong to DevPally or our licensors. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.
  2. Talent’s Intellectual Property: You retain all rights to your original content and data submitted to DevPally. By using our services, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and analyze your data solely for the purpose of providing our services.

 

  1. Disclaimer of Warranties

DEVPALLY PROVIDES ITS SERVICES “AS IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEVPALLY DOES NOT WARRANT THAT OUR PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED.

 

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVPALLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Indemnification

You agree to indemnify and hold DevPally and its officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses, including attorneys’ fees, arising out of or related to your use of our services or any breach of these Terms.

 

  1. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Nigeria. Any dispute arising out of or relating to these Terms or your use of DevPally’s services shall be resolved through arbitration in accordance with the rules of The Federal Republic of Nigeria, Lagos state Arbitration Association. The arbitration shall take place in Lagos Island, and the decision of the arbitrator(s) shall be final and binding.

 

  1. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

 

  1. Entire Agreement

These Terms constitute the entire agreement between you and DevPally concerning the subject matter herein and supersede all prior and contemporaneous agreements, understandings, or representations.

 

By using DevPally’s services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

If you have any questions or concerns regarding these Terms or our services, please contact us at info@devpally.com.

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