Terms
Demando Recruitment AB, (org. No. 5590296686) hereinafter referred to as “Demando”, provides a Marketplace for Recruitments (the “Service”). The Terms of Use, the Privacy Policy, and any Additional Agreements (the "Terms") state the terms that apply to the Service.
By registering a company account with Demando (the "Account") and accepting the Terms, the user of this Account automatically becomes a customer (the "Company") and is bound by this agreement. “Company” refers to the registered company, group company, or companies related through ownership structures. Those who have registered and use the service to obtain employment or assignments are hereinafter referred to as "Candidates" and in connection with registration approve the Terms. "User" means the Candidate, the Company, or anyone else who uses the Service and is thus bound by the Terms of Use. Assignment refers to all commitments performed by a candidate for remuneration, regardless of the form of the assignment. In the Agreement, Demando, the Candidate, or the Company may individually and be referred to as "Party" or "Parties".
GENERAL
To be allowed to use the Service, you must be 18 years of age or older, and have the right to enter into a binding agreement with Demando. By using the Service, it is confirmed that you are 18 years or older, and have the right to enter into an agreement between Demando and the Company.
SERVICE
Demando provides a brokerage service where Companies are given the opportunity to contact anonymous Candidates through inquiries or be contacted by Candidates. In cases where Candidates choose to accept a contact request, Company approves an application or approves an unlocking of the profile by Demando (Commonly called "accepted request"), the Candidate's complete profile for the Company is displayed which is given the opportunity to continue the dialogue for possible employment.
In the event of a special agreement with Demando, Demando may find candidates and create inquiries on behalf of the Company.
HIRE
f the company, within 13 months after the end of dialogue in Demando, agrees on employment or assignments with candidates, then Demando is entitled to compensation according to the current terms and conditions. This applies regardless of whether the dialogue is initiated by the candidate being accepted and a contact request from the company or by the candidate sending an application to the company through Demando.
Should it be the case that the candidate has also applied directly to the customer or otherwise come into contact with the customer, it still counts as recruitment via Demando if the candidate first sent an application via Demando or accepted a contact request from the customer in Demando. However, this does not apply if the customer has not unlocked the application with Demando.
If the customer who uses Demando has taken help in his recruitment of an outside player, the above also applies to this player. The player may only use candidates contacted via Demando in the customer's recruitment processes.
The customer is exempt from paying compensation to Demando if the customer had an active dialogue with the Candidate before the contact request is accepted by the Candidate or the application has been opened by the customer in Demando. In order for this to be relevant, the customer must have notified Demando as soon as they discover that they have already had a dialogue with the candidate in the current recruitment process before the contact was established via Demando.Kandidat och
The customer must notify Demando if an employment relationship is entered into with the Candidate with whom it has come into contact via Demando. This must take place when the employment contract has been signed by the candidate and the company. The same obligation to notify Demando exists if an employment relationship arises within 18 months from the time a request is accepted or an application is unlocked by the customer.
COMPANY-SPECIFIC TERMS
Hire
In the event of a recruitment, the Company shall provide the Candidate’s employment start date.
Fees and payment terms
Unless otherwise agreed, the fee for a recruitment through Demando SelfService is SEK 40,000. The fee for a recruitment through Demando Assistant is as agreed.
For services ordered or activated through a Demando partner, the pricing model and commercial terms expressly accepted by the Company in connection with the relevant order shall apply instead.
If the applicable pricing model provides for payment upon hire, the fee will be invoiced when the Company has entered into an employment agreement with the candidate or when the employment has otherwise been confirmed.
This provision applies only to services where Demando’s compensation is dependent on a hire taking place and does not apply where a different pricing model has been expressly agreed for the relevant service or order.
Payment where Demando has not been notified of a hire
If an employer has not notified Demando within 30 days of an employment agreement being reached, Demando is entitled to charge, in addition to the standard recruitment fee of SEK 40,000, an additional fee of SEK 20,000.
This applies to each hire that has not been reported to Demando within the period stated above. Upon request, Demando may, following an individual assessment in each case, waive the additional fee of SEK 20,000.
Security Guarantee
The Security Guarantee applies only if it is expressly included in the service or commercial terms applicable to the relevant order, or has otherwise been specifically agreed with Demando.
If the Security Guarantee applies, it means that if the candidate or the customer terminates the employment during the period between the date the employment agreement is entered into and three months after the candidate’s first day of employment, the customer is entitled to make one new hire through Demando at no additional cost.
The existing rules regarding notification, documentation, and the time limit for replacement recruitment may remain in place.
General fees and payment terms
All fees are stated in Swedish kronor and exclude VAT, unless expressly stated otherwise. Invoices shall be paid within 30 days from the invoice date, unless other payment terms have been expressly agreed for the relevant service or order.
Freelance assignments
In the event of an agreement regarding the execution of a freelance assignment, the Company shall notify Demando of the agreed length of the assignment and when the assignment begins.
If an agreement on an assignment on a consultant or freelance basis has been made through Demando's service, the contractor and the client must notify Demando of the scope of the assignment and the size of the remuneration. This information will then form the basis for the calculation of the compensation to be paid to Demando, see section on payment.
Demando has the right to charge for ongoing assignments as long as it lasts. The same applies to assignments between parties who have established contact via Demando and which commence within 12 months from the day a contact request was accepted or an application was unlocked.
Should it turn out that the parties have previously had contact about assignments and if it was within the last 3 months, Demando can waive demands for payment after one of the parties has informed about it. Demando reserves the right to make its own individual assessment based on the unique circumstances of each individual case.
In the event that an Assignment is transferred to an Employment, the Company shall pay compensation corresponding to the cost of an Employment in accordance with the terms that apply between the Company and Demando.
Payment for freelance assignments
After an agreement on consulting or freelance assignments has been made, payment must be made at 2.5% of the amount invoiced to the end customer. Demando will calculate the compensation on the information reported in the service on the 1st of each month. Should the information not have been updated, the calculation will be based on the information provided on an earlier occasion. If no information on the scope of the assignment and the amount of the compensation has been provided, a fixed fee of NOK 20,000 / month will be invoiced without the possibility of repayment. Demando may, however, after making a point, make its own assessment in each individual case of the payment and its size.
TERMS
Payment terms
All fees are in Norwegian kroner (NOK) and exclude VAT. The invoice must be paid within 30 days from the invoice date.
A closed account does not release from the obligation to pay for the employment made through the service according to the terms.
CANDIDATE-SPECIFIC TERMS
Employment
If the Candidate has been employed through the Service, the start date for the employment must be notified to Demando.
Employment gift
The employment gift is given in the form of a gift card of SEK 1,000 and Demando is responsible for any employer contributions and to submit control information to the Swedish Tax Agency. The candidate is responsible for any tax. In this case, this takes place after 120 days from the start date of the employment. Through a function in the Service, the Candidate provides the necessary personal information for the employment gift to be delivered.
If an employment gift is issued and the employment or assignment relationship ends within 120 days from the start date of the employment, the Candidate is not entitled to it.
Special terms for purchases through a partner
Fees and payment terms
If the Company orders or activates a service from Demando through a platform or service provided by a Demando partner, specific commercial terms may apply to the relevant order or service. Such specific terms may, for example, relate to price, pricing model, scope, number of candidates, discounts, invoicing, or guarantees.
If such terms have been expressly accepted by the Company in connection with the order, they shall take precedence over these general terms to the extent that they govern the same matter, and only in relation to the specific order or service. In all other respects, these general terms shall apply.
RESPONSIBILITY
Demando is not responsible for information, contacts and recruitments provided by the Candidate or the Customer on the Website mediated through the Service. Demando is not responsible for employment agreements entered into between the Candidate and the Company.
The Customer undertakes to ensure that all information that the Customer has about a particular Candidate is immediately deleted when it is not needed for the purpose for which it was obtained or if the Candidate or Demando so requests.
The users are responsible for all information that is communicated or disseminated through the Service, such as company information, profile information and messages etc.
Content uploaded or linked by the User must meet the following:
- The content does not contravene Swedish law and other applicable laws or regulations.
- The content does not infringe the rights of another person or company, including intellectual property rights and privacy.
Demando is not responsible for direct, indirect or other damage to person or property or loss that may affect the customer and its users or third parties which is due to the Service, use of or errors, such as interruptions in the Service or the information transmitted with the Service. The service is provided "as is" without any warranties.
Demando provides the Service provided that Demando can exclude all forms of guarantees regarding operational reliability and other conditions. Demando assumes no responsibility, and does not issue any guarantees for the results based on the use of the Service, the security of the Service, or for meeting requirements of the service.
Demando is not responsible for messages or the consequence that messages do not arrive.
Demando has the right to restrict access to the Service for shorter periods of time for performing maintenance and updates.
TERMINATION
The agreement runs until further notice from the date of acceptance of the Agreement. The parties have the right to terminate this Agreement and the Service for immediate termination. Following termination of the Agreement, the Terms will continue to apply with respect to prior use of the Service. Demando has the right to terminate the Agreement if the Service is misused. The assessment of possible abuse is made unilaterally by Demando.
PERSONAL INFORMATION AND MARKETING
Demando processes personal information about the User in connection with the use of the Service. The processing of personal data takes place in accordance with the Privacy Policy.
AMENDMENT
Changes to the Terms may take place after the customer has been notified of the changes in writing. If the customer opposes any change, the account on Demando must be closed. Continued use of the Services after we have published or sent a notice of changes to these terms means that the customer accepts the changed terms.
OTHER TERMS
Transfer
Demando reserves the right to transfer all or part of its obligations and rights under this User Agreement to another company that is wholly or partly, directly or indirectly owned by Demando or to a third party upon transfer of business.
Force majeure
Demando has no liability for compensation or other liability if Demando can show that fault or damage is due to circumstances beyond Demando's control which Demando could not reasonably be expected to have taken into account when the agreement was entered into and the consequences of which Demando could not reasonably have avoided or overcome.
Applicable law
Should any part of this Agreement be declared invalid, the remaining portions of this Agreement shall continue in full force and effect.
The agreement shall be interpreted in accordance with and regulated by Swedish law.
Disputes arising out of or in connection with this agreement shall be finally settled in Stockholm District Court, Sweden, as the first instance.