PUBLIC OFFER AGREEMENT
(edition from 20.12.2022)
DEFINITIONS AND TERMS.
In this public offering agreement, unless the context otherwise requires, the following terms have the following meanings:
- “Public offer agreement”– an agreement that regulates the procedure for accessing information posted on the site, conditions for searching and selecting an employer for a candidate / conditions for searching and selecting personnel (candidates) for an employer.
- “Agreement” – this Public Offering Agreement, including all of its terms.
- “Site/Recruiting Agency BISSETI” (hereinafter referred to as the agency or the site) is a website owned by the Site Owner and has the address on the Internet network bisseti.space, which contains information about services, terms of their purchase, payment, advertising and marketing measures nature, other general information addressed to an undefined circle of persons, on the basis of which any person can make an informed choice and use / order services under the conditions set forth in this public offer contract.
- “User” is an individual who has reached the age of 18, has full legal capacity, uses this site and/or its separate tools, and has agreed to the terms of the public offer contract.
- “Candidate” – the User who applied to the agency, responded to a vacancy posted through the agency or to whom the agency applied for the purpose of obtaining / providing services for the selection (search) of an Employer for him.
- “Customer / Employer” – a legal entity or an individual entrepreneur who has ordered or intends to order the agency’s search and recruitment services.
- “Agreement on the provision of services for the search and selection of personnel” – concluded between the agency and the Customer, which defines and regulates the rights and obligations for the provision of services for the search and selection of candidates for each vacant position (position) at the Customer in accordance with the requirements that specified in the annexes to such agreement.
- “Vacancy (vacant position)” – the availability of a vacant position at the Employer, for the occupation of which a Candidate is being searched and selected, who must meet the requirements determined by the conditions of a specific vacancy.
- “Job offer” – information in paper or electronic form about working conditions (including the level of wages / remuneration) offered to a specific Candidate by the Employer. A job offer is provided to the Candidate after successful completion of all stages of selection for the vacancy.
- “Summary” – a document in paper or electronic form, which records brief information about the education, work experience, professional skills, professional achievements and other characteristics of the Candidate who is looking for a job.
- “Service” – provision by the Agency of a service related to the search and selection of personnel / Employer, other services of a consulting and analytical nature, which can be defined in the sections of the website bisseti.space.
- “Application” – the initial request of the Candidate or Employer, which is sent using the functionality of the bisseti.space website or in another way to receive services for the search and selection of personnel / Employer.
- “Application – Appendix” – an appendix to the Agreement on providing services for search and recruitment of personnel, in which the conditions for the cost and payment procedure for services, information about the vacant position, a list of requirements for the Candidate, etc. are recorded.
- “Parties” – BISSETI Recruiting Agency, Employer, Candidate, User.
- “Third parties” – persons who provide support services to the site/agency for organizing and ensuring the selection and search of candidates, as well as any other persons.
- GENERAL CONDITIONS.
1.1. This Agreement regulates the procedure for the User’s access to the information posted on the Site, the procedure for using the Site, as well as the possibility of obtaining recruitment services / Employer.
1.2. This Agreement is a public offer agreement. By using the materials and tools of the Site, the User is deemed to unconditionally and unconditionally accept (accept) this Agreement. The user is obliged to fully familiarize himself with the terms of this Agreement before applying to the Agency for the purpose of receiving services. Access to the site and its use means the User’s consent to be limited by this public offer agreement.
1.3. Information about services and any other information is displayed on the bisseti.space website and is dynamic, that is, as the User sees it now and is available to him. This means that any information can be updated, changed and supplemented by the Agency at any time without prior notice to the User. The Agency has the right to unilaterally change the terms of this Agreement at any time. Changes take effect from the moment the new version of the Agreement is posted on the bisseti.space website.
1.4. The site and its web pages may be temporarily unavailable in whole or in part due to the potential occurrence of technical problems and/or technical and preventive works. Technical and preventive works on the site can be carried out at any time without warning the Users.
1.5. To carry out its activities, the Site Agency uses the services of third parties (payment services, banks, postal operators, online platforms for posting vacancies and resumes, databases of third-party services, etc.). The site administration does not control the work of third parties and is not responsible for their actions (work).
1.6. The Agency allows the User to view and download Site materials only for personal, non-commercial use, provided that all copyright and other proprietary information contained in the original materials and any copies thereof are preserved. It is forbidden to change the materials of the Site, as well as to distribute or display them in any form or to use them in any other way for public or commercial purposes. Any use of these materials on other sites or computer networks is prohibited.
- EMPLOYER SELECTION PROCEDURE IN THE CONTEXT OF THE AGENCY’S RELATIONSHIP WITH THE CANDIDATE.
2.1. The Agency can search for a Candidate using third-party services (Work.ua, Robota.ua, LinkedIn, other services and databases) by:
- search and analysis of publicly available resumes and other information about job seekers;
- placing relevant announcements about the search for a candidate, which may contain information about possible conditions of cooperation that may be offered by the Employer. Such announcements can be with the Employer’s name indicated or without such an indication (anonymously).
2.1.1. The Agency can respond to a freely accessible resume on third-party services by using the functionality of these services or by using the specified contacts (phone number, e-mail).
2.1.2. A candidate can respond to a vacancy posted by the Agency through third-party services by submitting his resume and other information in accordance with the conditions of a specific vacancy.
2.2. The candidate can respond to the vacancy, propose his/her candidacy, contact the Agency:
- through the functionality available on the site, namely electronic forms that can be provided for filling when using the options “I’m looking for a job”, “Find a job”, etc.;
- by phone number +380665534158 or via e-mail email@example.com.
2.2.1. The Agency must respond to the application received by the Candidate’s resume within a reasonable period of time, which cannot exceed 10 (ten) working days.
2.3. When conducting communication/negotiations with the Agency, the candidate must provide a resume, portfolio, necessary copies/scans of documents, and other information necessary for selecting an Employer upon its request.
2.3.1. The Agency may request the following information from the Candidate:
- Full name, age, gender, citizenship, registered and actual place of residence, phone number, e-mail address, User accounts in social networks, personal photos, autobiography;
- information about education: certificates, documents about education (name of the educational institution, period, type and form of education, date of graduation, department, received qualification, direction and specialty), level of foreign language proficiency, etc.;
- information about work experience: information contained in the work book, work experience, previous places of work (names of employers, their details, dates of the start and end of work, position, unit, salary / remuneration information); information about clients with whom the Candidate cooperated on the basis of a civil law contract (names of clients, their details, dates of the start and end of work for them, provision of services, type, scope and nature of work performed, services provided, place of work performance, provision of services , the project within the framework of which work was performed, services were provided), including all information contained in civil law contracts, if it does not violate confidential information / commercial secrets; the current amount of salary or income, as well as about the desired conditions, nature and type of work (position, place of work, work function, job duties, starting date, working hours, salary and bonuses), or about the desired conditions of cooperation on on the basis of a civil law contract (nature, type and volume of works, services expected to be performed/provided, expected level of income); information about employees of previous employers or clients with whom the Candidate interacted in the course of employment, performance of work, provision of services and who can give recommendations about the Candidate’s qualifications/skills, the quality of the work performed by him, the services provided;
- information about professional skills and professional activities: qualifications and professional retraining, scientific works and developments, participation in associations, public and other organizations, etc.;
- marital status and family composition;
- other necessary information.
2.4. In order to select an Employer, the Agency may invite the Candidate to a preliminary interview with the Agency (not with the Employer), which consists of one or two stages.
2.5. After completion of the preliminary interview with the Agency, the Agency informs the Candidate about the status of his resume review within 14 working days.
2.6. If the Candidate successfully passes the preliminary interview and the provided information meets the requirements of the Employer’s vacancy, the Agency invites the Candidate to an interview with the Employer.
2.7. The Agency coordinates the date and time of the preliminary interview / interview with the Employer, which must be conducted using the means of telecommunication in the video conference mode (Telegram, ZOOM, Google Meet, Skype, etc.) and/or in the personal presence of the Candidate in the specified Agency/Employer location for interview. During the interview, the candidate is obliged to ensure proper telecommunication communication on his part.
2.8. In order to determine the level of the Candidate’s skills, the Agency and/or the Employer may provide him with separate tasks (practical, test), which the Candidate must complete and send to the Agency / Employer within a specified period.
2.9. In the event that the Candidate does not provide the requested information provided for in clause 2.3 of the Agreement, does not perform certain tasks, does not appear at any agreed interview without a good reason and does not notify in advance of the inability to attend the interview, the Agency may stop processing the Candidate’s resume, by notifying him about it in any way within a reasonable time.
2.10. Based on the results of the interview, the Agency/Employer can send the Candidate a job offer within 14 days (approximate period), which specifies the conditions under which the Employer is ready to accept the candidate for work on the basis of an employment contract, civil law contract, gig contract, any another contract.
2.10.1. The job offer can be sent to the Candidate by means of telecommunications (to an e-mail address, in messengers, etc.), provided in person or in another way agreed by the Employer.
2.10.2. The candidate must accept or reject the job offer within the period determined by the Agency/Employer. Failure to accept a job offer within the specified time frame is qualified as its rejection.
2.11. If the Candidate accepts the job offer, the Candidate goes to work for the Employer within the period determined by the Employer.
2.12. The candidate understands that from the moment of acceptance of the job offer, all formalities related to its registration and interaction with the Employer on work, organizational and technical issues are entrusted to the Employer.
2.13. Until the job offer is accepted, the Agency accompanies the Candidate in relations with the potential Employer by providing organizational and technical assistance, mediation, providing clarifications on relevant issues, etc.
2.14. A candidate who has accepted a job offer must go to work (commence work, performance of work, provision of services) on the first working day within the period determined by the Employer. The candidate can be on a probationary period with the Employer for three calendar months (or another period determined by the Employer) from the moment of starting work.
2.15. The candidate has the right to refuse the vacancy (refuse further selection) at any time before signing the employment contract, gig contract, business contract, civil law contract with the Employer.
2.16. The candidate understands that, based on the results of the probationary period, the Employer may continue cooperation with him or refuse such cooperation.
2.17. After the Candidate (employee) starts working for the Employer, the Candidate, at the request of the Agency, has the right to provide feedback on the work process, the level of familiarization with the corporate culture, the Employer’s approaches to solving tasks and building effective interaction with the Employer’s employees, in part, that does not violate confidential information / trade secrets.
2.18. In addition to selecting an Employer for a Candidate and supporting this process, the Agency may provide other services, including consulting, which may be defined by the conditions posted on the web pages of the site or determined by the parties individually.
- PROCEDURE FOR COMPLETING THE RELATIONSHIP OF THE AGENCY WITH THE EMPLOYER.
3.1. After receiving an application/request from the Employer for recruitment services through the site’s functionality (filling in electronic forms, etc.) or in another way, the Agency processes this application/request and responds to the Employer within 24 hours (the deadline is indicative). If there is an opportunity to provide the service, the Agency sends a message to the Employer to clarify the details of the vacancy to be replaced, for which the Candidate will be searched and to agree on other conditions and formalities. The Agency sends this message by means of telecommunications to the provided contacts of the Employer (e-mail address, messenger, phone number, etc.).
3.1.1. The Agency sends the Employer within a reasonable time for the registration of the service and determination of its conditions:
- Agreement on the provision of search and recruitment services;
- Application-Appendix, in which the Employer must fill in: general information about his validity, vacant position, requirements for the Candidate.
3.1.2. The employer must provide additional information, which will be requested by the Agency, which will be necessary for the provision of search and recruitment services, reaching agreements.
3.2. The Agency and the Employer must sign the Agreement on the provision of services for the search and recruitment of personnel Application-Appendix after reaching all agreements. It is on the basis of such a contract that the Agency undertakes to provide the Employer with search and recruitment services. The Agency must start providing the service to the Employer from the moment the advance payment is received.
3.3. The Agency undertakes to provide services for the search and selection of candidates for each vacant position (position) at the Employer in accordance with the requirements specified in the Applications-Appendices to the Agreement on the provision of services for the search and selection of personnel.
3.4. The Agency is not obliged to take any actions regarding the provision of services for the search and selection of candidates, if there is no signed Agreement on the provision of services for the search and selection of personnel and the Application-Appendix.
- CANDIDATE SELECTION PROCEDURE FOR THE EMPLOYER.
4.1. A candidate is considered to have been submitted to the Employer if his/her resume was sent to the Employer via e-mail, messengers, or other means, including using special software.
4.2. The employer, having received a resume from the Agency, is obliged to:
4.2.1. Within 3 (three) working days, consider the resume and inform the Agency about the results of its review, indicating the suitability or non-suitability of the Candidate for filling the vacant position of the Employer; in case of rejection of the resume, for further consideration, the Employer must provide a reasoned written answer regarding the incompatibility of the Candidate (Candidates) according to the terms of the submitted Application-Appendix for the specified position. The candidate / his resume is considered to meet the requirements of the Employer, if within 3 (three) working days after receiving the resume, the Customer has not declared in writing or verbally that the candidate does not meet the requirements.
4.2.2. Not later than 14 (fourteen) working days from the moment of notification to the Agency about the results of the review of the resume provided for in Clause 4.1.1 of the Agreement, the Employer sends the Agency a list of Candidates for filling the vacant position, who are invited to conduct an interview with the Employer. This list indicates P.I.B. candidates invited to the interview, date, time, place, method (video conference or in person) of the interview.
4.2.3. Within 90 (ninety) working days, conduct all stages of selection, including the final stage of selection, and provide the Agency with a decision on the submitted candidacies.
4.3. In the case of a positive decision to accept the Candidate (one of the submitted Candidates) for work, the Employer undertakes to allow the selected Candidate to work no later than 2 (two) weeks from the day of the positive decision, or to agree with the selected Candidate on other terms.
4.3.1. In the case of a positive decision to accept the Candidate (one of the submitted Candidates) for a job, the Employer undertakes to make the Candidate a job offer, which the Employer sends to the Candidate directly or through the Agency. If the job offer is sent by the Employer to the Candidate directly, then on the same day the Agency must be notified about it, including the conditions of such a job offer.
4.3.2. In the job offer, the main agreements (in particular, terms of remuneration / payment) between the Employer and the Candidate for the vacancy (position) are recorded.
4.3.3. The candidate is considered to be employed from the day when he began to perform duties for the Employer (was actually allowed to work/provide services). This is the selected Candidate’s first day of work.
4.4. The services of searching and selecting Candidates for a specific position, according to the Application-Appendix, will be considered to be provided properly and in full if the candidate goes to work for the Employer and completes the probationary period, which is evidenced by the conclusion of the act of acceptance and transfer of the provided services.
4.5. Within 10 (ten) working days from the moment of completion of the probationary period of the Candidate selected for work with the Employer, the Parties shall draw up an act of acceptance and transfer of the provided services (hereinafter – the Act). The signed act will testify that the services are provided in full and the Employer has no claims regarding them.
4.6. The Employer reserves the right to independently (including with the involvement of other recruitment specialists) search for Candidates for the position. At the same time, if a Candidate, who was found by the Employer independently, is accepted for the position, then the Agreement on the provision of search and recruitment services for the relevant position shall be terminated on the day such candidate is accepted for work. At the same time, the Employer undertakes to immediately notify the termination of the provision of relevant services after accepting the specified Candidate for work.
4.7. In the event that it turns out that the Agency Candidate hired by the Employer terminates work at the Employer’s initiative (the Candidate has not passed the three-month probationary period/warranty period, which must be confirmed by the Employer’s written notification to the Agency with justification of the reasons for dismissal) or at the Candidate’s own request / employee (except for cases of deterioration of working conditions in relation to those previously stated in the Application-Appendix, or violation of the terms of the employment contract, gig contract, other contract stipulated by the legislation on the part of the Employer, or due to a reduction in the staff of the Employer’s company), the Agency undertakes to provide a one-time replacement this employee within one calendar month from the moment of receiving the notification of dismissal of the employee. The Agency does not receive an additional fee for such a replacement.
4.7.1. If there is no provision for a trial period in the employment contract, gig contract, business contract, other contract of a civil law nature between the Employer and the Candidate, the provisions of the Contract regarding the trial/guarantee period (in particular, in the part of post-payment) are valid.
4.8. Other issues of candidate selection for the Employer, which are not regulated by this Agreement, may be regulated in the Contract on the provision of search and recruitment services. The parties may, in the Agreement on the provision of search and recruitment services, define other terms of service provision than those provided for in this Agreement, if the Agency agrees to this.
- TERMS OF PAYMENT FOR STAFF RECRUITMENT SERVICES.
5.1. Provisions on payment conditions and tariffs can be determined in the relevant sections of the site and are components of this Agreement.
5.2. The employer is obliged to pay the Agency a fee for the provision of search and recruitment services under the conditions specified in this Agreement and the concluded Agreement on the provision of search and recruitment services.
5.3. The cost of services (remuneration) of the Agency for searching and selecting a Candidate consists of:
– from the rate determined as a percentage of the annual salary (remuneration) of the Candidate for a specific position (vacancy), before taxation;
– on the basis of other conditions that can be determined individually.
5.4. The specific amount of the Agency’s remuneration is specified on the basis of a detailed description of the position and is fixed in the relevant Application-Appendix to the Agreement on the provision of search and recruitment services.
5.5. The procedure for paying for the Services is determined by the Agreement on the provision of personnel search and recruitment services and in the Application-Appendix to this agreement.
5.5.1. The Customer pays the advance payment in the amount specified in the Application-Appendix within 5 (five) working days from the date of signing such Application-Appendix and issuing an invoice to the Employer (Customer) for payment.
5.5.2. The employer pays the additional payment in accordance with the terms of the contract for the provision of search and recruitment services and the Application-Annex to this contract within 5 (five) working days after the end of the probationary period of the selected candidate, which should not exceed 3 (three) months, and the issuing of an invoice to the Customer for payment
188.8.131.52 If the amount of salary/remuneration in the job offer of a particular Candidate is different from the terms of the specific Application-Appendix, then the additional payment is made and deducted in accordance with the terms of the job offer.
- RESPONSIBILITIES OF THE PARTIES.
6.1. As a Site User, you guarantee not to engage in any actions that violate the legislation of Ukraine, international law, and actions that may disrupt the normal functioning of the Site.
6.2. The responsibility for money transfers made by the Employer / his authorized person lies entirely with the banks and payment systems whose services the Employer / his authorized person decides to use. The Agency does not assume responsibility for the processes of the processing centers.
6.3. The Agency is not responsible to the Customer for the reliability of the data specified in the CV and other documents about the Candidate. The parties understand that there is a risk of receiving unreliable and knowingly false information from the candidate about his work experience, education, qualifications, competencies, skills, etc.
6.4. The Agency is not responsible to the Candidate for the results of the selection of the Employer and the conditions of work proposed by the Employer, their proper / improper implementation. Labor, civil law, and other types of relations with the candidate (employee) are the area of responsibility of the Employer, since only he can assume obligations upon the fact of employment. The Agency does not have sufficient powers to influence the Employer’s fulfillment of its obligations to the Candidate (employee), except for providing assistance in solving organizational and technical issues, disputed situations (if the Agency has such an opportunity).
6.5. In case of non-fulfillment or improper fulfillment by the Agency or the Customer of the terms of the concluded Agreement on the provision of personnel search and recruitment services, the Parties bear the responsibility provided for by the current legislation of Ukraine and the terms of such an agreement.
6.6. The Agency is not responsible to the Customer for the quality of the work performed by the hired Candidate (employee) and other characteristics thereof, except for the cases provided for in the Contract on the provision of recruitment and search services.
- PROCEDURE FOR PROCESSING REQUESTS, CLAIMS.
7.1. Claims, requests and appeals of Users, Candidates, Employers regarding the resolution of disputed issues regarding the terms of execution of the Public Offer Agreement should be submitted to the Agency’s address and/or e-mail firstname.lastname@example.org. The Agency must respond within a reasonable time, unless otherwise determined by the current legislation of Ukraine. The Agency’s response may be expressed in writing, by electronic message, or by actions that indicate satisfaction of the request.
7.2. Claims, requests and appeals to the Agency (if they are sent in writing, electronically) must contain information about the subject of the appeal, information about the receipt / non-receipt of services, the factual circumstances on the basis of which the appeal is submitted, requirements.
8.1. All possible disputes and contradictions arising between the Parties within the framework of this Agreement shall be resolved in accordance with the current legislation of Ukraine. The court’s recognition of any provision of this Agreement as invalid does not cancel the validity of the Agreement in other parts and does not relieve the parties of their obligations.
8.2. The Agency may unilaterally make changes to the Public Offer Agreement.
8.3. Other conditions, which are not specified in the Public Offer Agreement, are regulated by the current legislation of Ukraine, the Agreement on the provision of search and recruitment services. In case of discrepancies between this Agreement and the Agreement on the provision of services for search and recruitment, preference is given to the Agreement on the provision of services for search and recruitment.
- DETAILS OF THE AGENCY.
89600, Transcarpathian region, Mukachevo city, str. Sadova bldg. 31/1
EDRPOU code 45101535
Contact number: +380665534158