Terms & Conditions
Our Contract – when you sign up with us you agree to enter into a legally binding contract. Techfynder is a Business name of Test Triangle Limited a company owned and incorporated in Ireland. Your legally binding contract is with Test Triangle Limited as the legal entity trading through the name Techfynder. To cancel the contract, you simply delete your account. This contact applies to both recruiters and contractors using our service and covers all forms of our platform whether accessing through our purpose-built Apps or website. Please note as a Business hiring Contractors minimum contract length may apply.
1.3 Our Expectations about you
To sign up to use Techfynder we assume that you are of a certain age to enter into a legally binding contract (based in the jurisdiction in which you live). We are assuming this age is over 16 years old but if the law in your country is different you may require agreement from your Guardian if you are under a certain age, please check this out. We expect that when you update your profile that the details contained therein are true, including your name, work history and experience etc. Creating an account with false information will lead to the deletion of your account as a breach of our terms. We provide a messaging system to aid communication between recruiters and contractors. We expect good manners and decorum to be applied while communicating with each other and any abusive behaviour will not be tolerated and if reported, may lead to your account being deleted as a breach of our terms.
When joining Techfynder you should take great care to ensure that you select the correct categorisation button. Selecting “Join now as an Employer” means you are a potential employer and are looking to Hire an Professional Contractor. Selecting “Join now as Professional Contractor” it is expected you are an Professional and are seeking new Professional work opportunities. A Recruiter should not set up as a Contractor nor Contractor as a Recruiter. This would be deemed a serious breach of our user agreement and lead to a deletion of your account consequently.
We expect that your will help us keep your data secure by maintaining a strong password that is known only to you. You cannot share access to your personal account. You are responsible for access and usage on your account unless you delete it or report a misuse issue to Techfynder.
We use Stripe for processing of your service payments. We are assuming that you agree with Stripe storing your payment details. You understand that Techfynder is owned by Test Triangle Limited a company incorporated in Ireland. Your invoice will be issued from Ireland and as such VAT maybe applied if you are based in Ireland. The current rate of 23% will be applied (21% from 1 st September 2020 until 28 th February 2021). If you are not based in Ireland generally Vat is not applied but other fees and taxes may apply based when issuing an invoice to your particular jurisdiction. We bill in US Dollars and foreign exchange rates are variable so small fees may apply for processing your purchase depending on your location. Stripe (or Techfynder) may store your card and continue billing you based on your payment method to ensure continuation of service. Your subscription will be charged at the beginning of each billing period. If you wish to cancel, please do so before the start of this period to ensure you are not charged for your renewal. All your purchases are subject to Techfynder’s refund policy.
1.6 Information and Publication
Your information and details of how we user your information is contained within our Data Privacy and Protection policy. You will be sharing information both through our messaging system and when advertising or applying for a position. Please ensure that the information to be shared is fit for purpose and you wish it to be shared and made public. We are not responsible for information that you share nor are we obligated to publish any information on our service and can remove any information from our platform, without consultation or notice.
1.7 Your rights to your information – Data Licence
You own the content and information that you submit and are only granting Techfynder non- exclusive license to use where appropriate. We do not currently provide a platform for publication and sharing of content. If one is provided Techfynder’s user agreement assumes your agreement to a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content or closing your account except to the extent you shared it with others and they re-copied, re-shared it or stored it. We cannot control this.
We will not include your content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to serve ads near your content and information if so published.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others
You and Techfynder agree that if content includes personal data, it is subject to our Data Privacy and protection Policy.
When you give feedback about our Services to Techfynder, you agree that Techfynder can use and share such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to share, and that your Techfynder profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Techfynder may be required by law to remove certain information or content in certain countries.
1.8 Content – It’s at your own Risk
Your use of content on our platform is at your own risk. Use of advertising links to service providers is at your own risk. We are not responsible for any 3 rd party activities or misstatements on our sites. While using our platform, person may publish or you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Techfynder does not generally review content provided by our Recruiters, Members or others unless it is reported to us. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse and or loss to you as a result.
1.9 Our Rights to change our Services
We may change, discontinue or suspend any service that we provide. We do not promise to store or keep any content that you have posted, and we hereby confirm to you that we are not a storage site and have no obligation to store your content except to the extent required under law. We may change our pricing structure at our discretion. Any change to pricing or services provided will be notified to you in advance.
Our pricing model is progressive in how many links, contacts advertisements it allows. We therefore reserve the right to limit how you connect and advertise on our site. We reserve the right to restrict, suspend or terminate your account if we believe you are in breach of your contracted terms or are misusing or abusing the services and your access to same.
1.11 Techfynder’s IP….
While we are delighted that all our members are using our site, we reserve all of the intellectual rights in the services that we provide. Using our platform and Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Techfynder’s logos and other Techfynder graphics are registered trademarks of Test Triangle Limited.
We use the data you input and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make selections roles, contractor or content that may be useful to you or your business. For example, we use data and information about you to recommend jobs to you and you to recruiters. Please keep your profile as accurate and up to date as possible as it helps us to make these recommendations more accurate and relevant.
Both your and Techfynder may terminate this contract at any time. Your termination is deemed to have incurred when you delete your account and you lose the right to access our services. The following shall survive termination A) any amounts owed for services provided B) Content copied by members or reshared prior to termination and C) Any feedback you have given.
1.14 The Law and what we do if we have a dispute
Hopefully we never have a disagreement but if we end up in a legal dispute Techfynder (Test Triangle Limited) and you agree to resolve using the Irish courts and under Irish Law. You and Techfynder (Test Triangle Limited) agree that the laws of Ireland shall exclusively govern any dispute relating to this Contract and/or the Services. You and Techfynder agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.
1.15 Other terms
To the extent allowable under law the English version of this contract is binding and translated versions are deemed to be for convenience only. You may not transfer this contract or membership of the service to anyone without our consent however you agree that Techfynder may assign this Contract to its affiliates or a party that buys it without your consent. Any legal notices should be sent in writing to the registered office of Test Triangle Limited.
1.16 Things you really should not do (not a comprehensive list)
You should not - Create a false identity, misrepresent your identity, create a Member profile for anyone else or use or attempt to use another’s account. Develop, support or use software, devices, scripts, robots, or any other means or processes to scrape the Services or otherwise copy profiles and other data from the Services. You should not override any security feature or bypass or circumvent any access controls. Copy use, disclose or distribute any information obtained from the Services, whether directly or through third parties, such as search engines, without the consent of Techfynder. Disclose information that you do not have the consent to disclose (such as confidential information of others). Violate the intellectual property rights of others, including copyrights, patents, trademarks, logos. Please do not copy or distribute our technology or our logos in any business name, email, or UR. Please do not Post anything that contains software viruses, worms, or any other harmful software. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services. Imply or state that you are affiliated with or endorsed by Techfynder without our express consent. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Techfynder’s consent. Please do not Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages. Engage in simulating the appearance or function of the Services. Interfere with the operation of, or place an unreasonable load on, the Services through spam, denial of service attack, viruses, gaming algorithms and/or post messages that are offensive or may cause offence. This is not a complete list.
1.17 Contact and thanks
Please see contacts page if you need to contact us regarding any issue about the services or content on the Techfynder platform or if you wish to notify us of any misuse and thanks for reading this far.
1.18 Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW, TECHFYNDER SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF TECHFYNDER AND ITS AFFILIATES (AND THOSE THAT TECHFYNDER WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TECHFYNDER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TECHFYNDER OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
1.19 As an Employer – How long is my contract?
When you agree to sign up as an employer to Techfynder services your payments are made yearly or monthly however, a minimum contract length of 12 Months is applicable. Thereafter you can discontinue your account with 30 days’ notice.
1.20 Do I have to pay a termination charge?
The minimum contract length is 12 months and you are expected to pay the full amount for that term. If you cancel your service after you’ve reached the end of your minimum contract length (minimum term – 12 Months) you won’t have to pay any early termination charges. If you have legitimate reasons or changed circumstances necessitating early termination i.e. prior to 12 months, please contact us directly and detail the reasons and circumstances. We will not be obliged to agree to a reduction, but we are Human and will consider on a case by case basis.
1.21 Employer Logos and Content
By advertising a job on Techfynder you may be displaying your company or Business Logo. Neither Techfynder nor your Business shall have any interest, right, title or licence to the intellectual property owned or licenced by the other party, including any subsidiary Brands, except as to promote the job you are advertising and/or to highlight that your company is using Techfynder. This logo display maybe in the job search alone or maybe shown elsewhere on the site with the intention of showing your company is using Techfynder and you may have live jobs open for application. Techfynder shall not do anything that may adversely affect your Companies intellectual property or the Company’s right or title to it; and Techfynder shall stop using any advertising or promotional material which contains your Company’s intellectual property (owned or licensed) on receipt of a request by the Company to do so through our contact us page
1.22 - Employer - Declaration on GDPR Compliance – 3rd Party Data Transfer
As a utiliser of Techfynders services you are aware that we are bound by privacy regulations around the world including without limitation the General Data Protection Regulation (“GDPR”)” with regard to personal data. Personal data means any information concerning the personal or material circumstances of an identified or identifiable individual including profiles published on the site. Examples of personal data includes without limitation e-mail addresses, phone numbers, names, postal addresses.
By using Techfynder acknowledging agreement with our terms and conditions and user agreement and policies you are declaring that you will at all times be compliant with applicable Laws requirements around GDPR and privacy regulations.
You will restrict access to this personal data of Professional Contractors to such of your employees or personnel who have a specific need to access such personal data and impose a duty of confidentiality on them.
You will implement technical and organizational security measures to safeguard the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized access, disclosure and all other unlawful forms of processing.
We will promptly notify Techfynder of:
Any security breach (actual or threatened) that affects this personal data and assist with subsequent investigation, mitigation and remediation.
Any data subject access request received from an individual regarding this personal data prior to responding to that request.
Any legally binding request for disclosure of this personal data by a regulatory or enforcement authority unless such notification to Techfynder is expressly prohibited under the relevant regulations.
You will make available all relevant information regarding your data processing activities to Techfynder and regulatory authorities where required to show compliance.
You will allow Techfynder or its third-party auditor access your data processing facilities to carry out an audit at Techfynders request.
You will under written intimation to Techfynder destroy and/or return this personal data, Including CVs and profiles, immediately upon expiry or termination of the agreement for service you have or earlier if the purpose for which such personal data was provided to us has been fulfilled. You will be liable for any claims that arises due to breach of your obligations as mentioned hereof and shall keep Techfynder harmless against all such claims.
You shall not further disclose any of the personal data attained from Techfynder to any third party without prior written consent.
You will at Techfynders cost provide full assistance to Techfynder in conducting privacy and data protection impact assessments and related consultations with the relevant data protection authorities.