Terms and Conditions
1. Acceptance of the Terms of Service
Welcome to OPENHUNT! (a.k.a. "we" or "us" or the "Company"). We are excited to have you as user, member of the community or client. The following terms and conditions (collectively, these "Terms of Service") apply to your use of www.openhunt.com, including any content, functionality and services offered on or via openhunt.com (the "Website").
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using OPENHUNT, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at email@example.com. OPENHUNT is all about providing a user friendly platform to recommend contacts to our jobs openings and earn money from it, and we'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
OPENHUNT is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Of course, this document is public on openhunt.com, and you will be able to see the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
We are working hard on improving OPENHUNT, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using OPENHUNT in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. "correcthorsebatterystaple") and that you log out from your account at the end of every session.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data with absolute confidentiality and your username is the only identifcation used accross the website and visible by other users.
You agree and acknowledge that unless explicitly requested, OPENHUNT may display your company name, logo and public description of your projects and profile as part of the OPENHUNT website(s) and / or other OPENHUNT marketing materials.
4. Intellectual Property Rights and Use Guidelines.
The Website and its original content, features and functionality are owned by OPENHUNT and are protected by Chinese and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: firstname.lastname@example.org
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website by companies or community members (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the company who originated such company Content. If you represent a company, you certify that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, regulations, and the service agreement signed with OPENHUNT. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service and OPENHUNT service agreement. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
5. Accounts Policy
5.1 Opening Account
To become a User and access the Site and Services you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
OPENHUNT offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of OPENHUNT’ Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us. Individuals are not permitted to have more than 1 User Account or to use another person’s identity to open an Account.
All amounts are stated in and all payments will be made in USD, HKD or RMB to the convenience of OPENHUNT. OPENHUNT reserves the right to suspend a payment if the source of the funds is suspected to be fraudulent and in the case the User’s identity is suspected of forgery. Any User that OPENHUNT removes from the service due to violation of the User Agreement will receive no credit or payment.
You acknowledge that: (1) OPENHUNT does not employ any Users and there is no employer-employee relationship between OPENHUNT and the Users (2) the amounts shown are estimation of the reward. The real amount can be lower or higher and will be displayed to you in your payment history (3) The minimum reward for a successful recommendation by am User can is set to RMB 3000. (4) Transaction fees or applicable taxes may apply and are not the responsibility of OPENHUNT. (5) Payement for the reward is due only when the candidate successfully stayed at his new company for 1 month.
5.4 Inactive Accounts
OPENHUNT reserves the right to cancel Inactive Accounts with a nil balance.
5.5 Hold on funds
OPENHUNT, in its sole discretion, may place a hold on any or all of the payments you receive when OPENHUNT believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If OPENHUNT places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by OPENHUNT. These taxes will be deducted on payements due to you, if applicable.
5.7 Identity Authentication
You authorize OPENHUNT, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. This may include asking you for further information, requiring you to provide your date of birth and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other relevant identifying documents. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. Commonwealth law may require that OPENHUNT verify the information provided to us before allowing access to fund transfer or withdrawal services through The Site. The Site reserves the right to close, suspend, or limit access to your User Account and/or openhunt.com Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.
6. Bypassing the website
You are strictly prohibited from attempting to negotiate the fee for a project or get in contact with a company user (outside of openhunt.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a candidate being chosen, and then contacting them about the project anyway. You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately. We aim to provide a fair and open playing field at openhunt.com, and such activities interfere with providing such a marketplace.
We believe our rewards are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
7. Contributions & Rewards
Users of the website have the ability to recommend individuals from their network to jobs or ‘projects’ found on OPENHUNT.com. A successful recommendation is defined as a person who was first recommended by a User through openhunt.com is later employed by the company which opened the project and is still employed after 1 month counting from the starting date. All information related to a project on OPENHUNT or obtained following participation to one of OPENHUNT's project is strictly confidential. Therefore, the user agrees that, under no circumstances and unless specific instructions from OPENHUNT, he will disclose any information relating to projects to a third party. If OPENHUNT has reasonable cause to believe that an User has not fully abided by all of these terms and conditions, User provided misleading or false information, OPENHUNT reserves the right to withhold payment for the project and any outstanding payments and terminate your account immediately. In case of deliberate false or disclosed information OPENHUNT will claim a minimum of RMB 10,000 as damage. If the damages are larger OPENHUNT will reserve the right to claim additional cost.
1. Following a successfully completed project, OPENHUNT will pay the User a financial reward. In this respect, OPENHUNT will only pay a reward for each successful recommendation completed in accordance with the briefing instructions. The User will be notified of a potential reward prior to commencing the project. This estimation is not a guarantee of final success fee amount because it depends of the hired salary of the recommended candidate. From the estimated amount provided on the Website, the final reward can be 20% lower up to 20% higher. OPENHUNT is free to decide the final amount payable to the User based on the estimated amount and based on the hired salary. OPENHUNT ensures a minimum reward set to RMB 3000, regardless of the salary of the hired candidate. The reward will be paid by wire transfer to the bank account, paypal, Alipay which ever options are available in the User profile of that country and to OPENHUNT’s convenience.
2. The reward is due after 1 month from the starting date of the candidate. If the successful candidate is found to have left the company before this period and for any reason, the reward is no longer due. On the other hand, points are always due to the User.
3. These terms and conditions do not form a contract of employment between the User and OPENHUNT or between the User and the company or organization which you made a recommendation to. Consequently, OPENHUNT is not obliged to conclude and has not concluded any insurance policy to cover any damage suffered by you while performing the services. The User will be acting as an independent consultant in respect of the projects that he undertakes for OPENHUNT and therefore OPENHUNT shall not withhold any tax with regard to the services which the User performed. The User is entirely responsible for declaring his earnings to the Income Tax Authority. If so requested by the Income Tax Authority, OPENHUNT will supply them details of all sums paid to you during the relevant tax year.
8. Geographic Restrictions
For now, we provide this Website for use only by persons located in Hong Kong. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of Hong Kong. If you access the Website from outside of Hong Kong, you do so on your own initiative and are responsible for compliance with local laws.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Hong Kong without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Hong Kong.
10. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OPENHUNT and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at email@example.com
Last updated on 26.02.2014