TERMS AND CONDITIONS OF USE

Version 12 February 2024

Prior notice

These Terms and Conditions of Use apply to the following types of users:

1. Guest users: The Terms and Conditions of Use applicable to these users are shown in the section GENERAL Terms and Conditions of Use.

2. Registered users: There are two types of registered users:

a. CANDIDATE users who upload their professional profile/CV or who simply wish to receive various offers about job recruitment, training and events via email: The Terms and Conditions of Use applicable to these users are those generally shown in the section GENERAL Terms and Conditions of Use and those set out specifically for these users as specified in the section Terms and Conditions of Use for CANDIDATES.

b. COMPANY users who publish job offers, training opportunities or events: The Terms and Conditions of Use applicable to these users are those generally shown in the section GENERAL Terms and Conditions of Use and those set out specifically for these users as specified in the section Terms and Conditions of Use for COMPANIES.

GENERAL TERMS AND CONDITIONS OF USE OF PARATI

At ParaTi we care about clarity of information when using our website and hiring our services. For this reason, we explain below our general terms and conditions of use which are applicable when accessing them:

 

1. - Responsible

We are ParaTi Services 2023 (hereinafter "ParaTi" or "We") with e-mail aquiparati.careers@gmail.com.  We are also the owner and proprietor of the platform and the website in the domain www.aquiparati.careers (from now on, jointly designated as the " Website").^[a]

 

These general terms and conditions of use (hereinafter referred to as the "Terms and Conditions") regulate the rights and obligations arising from access, navigation and use by users of the Website.

Accessing, browsing, registering and using the Website means that you expressly accept and are aware of the legal warnings, conditions and terms of use contained in the Webste in the version published at the time of access without reservation. As a user, you declare and acknowledge:

• Having read, understood and fully understand the terms of use of these Terms and Conditions, Cookie Policy and Privacy Policy .
• Being a person with sufficient capacity to contract, being solely responsible for the truthfulness and accuracy of the data provided.
• Assuming all the obligations set forth herein.

Conversely, if you do not agree with these Terms and Conditions or any part of them, you may refrain from using our Website and/or the services we offer.

We distinguish our users as follows:

• Unregistered Users: those who access and navigate through our Website without registering in it, to whom these Terms and Conditions are applicable in their entirety.
• Registered Users: Category in which we differentiate two "subtypes":

1. The "Candidates", the users, natural persons, who publish their professional profiles or CVs for the search of employment or services related to the labor market, who are looking for a professional orientation or who merely want to receive different offers on employment, training and events, use our services and access the Website. In these cases, the conditions that apply to them are those detailed in these Terms and Conditions and those that, in particular, are detailed in the section on Specific Conditions for Candidates when registering.
2. The "Companies" or "Clients", indistinctly, that use our services and access the Website to publish their job offers, training, events or search for CVs. In these cases, the conditions that apply to them are those detailed in these Terms and Conditions and those that, in particular, are detailed in the section on Specific Conditions for Companies when registering and contracting our services.

For the purposes of these Terms and Conditions, we will refer to both Registered and Unregistered Users together, as "Users".

We recommend that you periodically read these Terms and Conditions each time you access our Website and/or our services.

 

2. - Services

The purpose of ParaTi is to provide a platform that functions as a communication channel in an online environment between Users, especially between Companies and potential Candidates, for the generation of new jobs and contacts, increasing and improving their respective professional relations and specially the employability of the users. Specifically, through the Website, we provide Candidates with assessment and development tools, and access to job offers offered by Companies, which, in turn, can access the professional profiles (hereinafter referred to as "CVs") of registered Candidates.

How does it work?

We allow registered Companies access to the database of Candidates registered with ParaTi in accordance with the level of privacy selected by each Candidate, the publication of job offers, the management of Candidate selection and other services related to the employment sector. For our Candidates, we enable the edition and management of the "CV" and access to other services of interest.

In this sense, we are in continuous evolution and development of new tools that provide value to the Registered Users of our Website. For this reason, we reserve the right to modify without prior notice, the design, presentation and/or configuration of the Website, as well as to add new services and/or modify those services that we have already been providing to our Users (hereinafter, the "Service" and, jointly, the "Services"). In any case, for those cases in which there is a substantial modification in the way of providing the Services with respect to those already accepted by the Users, the appropriate communications will be made.

The use of certain Services offered to Users through the Website may be subject to specific conditions of their own (hereinafter referred to as "Specific Conditions") which, depending on the case, replace, complete and/or modify these Terms and Conditions.  Therefore, before contracting and using our Services, we recommend that you carefully read our Terms and Conditions, as well as the Specific Conditions, which will be binding once the Services have been registered or accepted. In case of conflict between the Terms and Conditions and the Specific Conditions, the latter ones that may have been established will prevail.

 

At ParaTi we make an effort to keep our Website available as constantly as possible, however we cannot guarantee 100% availability of the Website, and therefore we do not assume any responsibility in this regard.

For this reason, ParaTi reserves the right to monitor access and/or use of the Website as well as to adopt the necessary technical measures in order to control and verify that use is being made in accordance with these Terms and Conditions and current legislation and, consequently, we reserve the right to do so without prior notice, the right to (i) suspend, eliminate, limit or prevent access to the Website and/or the Services when (a) anomalies or technical difficulties arise due to events or circumstances beyond our control and will that diminish or annul the levels of security and capacity adopted for the adequate functioning of the Website or (b) for maintenance reasons;  or (ii) to deny access to the Website to Users in the event that these Terms and Conditions are not respected.

 

3.- User registration process

When you register as a Candidate or Company, remember that you accept all our legal texts contained in the Website, which are fully binding. Therefore, we recommend that you read them before proceeding with your registration.

All the data required in the registration process, whether as a Candidate or Company, marked with an asterisk must necessarily be completed, so that failure to complete them releases us from any obligation or action related to such information, and may be denied registration as a User.

Only if you are a natural person can you register as a Candidate. Registration as a Candidate is free.

At any time, as a Candidate, you can configure in your personal area which data you want us to treat in ParaTi as the owners of the Website, as well as those, if any, that can be given to the Companies or not. Once the data has been given to the Companies, the latter will be responsible for the subsequent processing of the data without ParaTi responding beyond its own limited data processing as detailed on our Website. In any case, the data that you provide directly to the Companies using the means of registration for the offers on the Website or outside of it, will be understood to be transferred directly by the Candidate to the Companies outside of ParaTi’s responsibility in that which is not foreseen in the legal texts of our Website.

In the case of Companies, only a natural person with the corresponding powers of representation can be registered as a "Company" in our database. To do this, the contact information of the natural person and the information of the Company itself must be completed. The power of attorney of the natural person who does all this on behalf of the registered Company will be presumed.

 

Remember that, both as a Candidate and as a Company, all the information you provide as a User through the Website and/or the Services must be truthful. To this effect, you guarantee the ownership, authenticity and updating at all times of the data that you communicate as a consequence of the completion of the forms necessary for the subscription of the Services and creation of a profile, being the only person responsible for the false or inexact declarations that you make and the damages that you cause to ParaTi and/or third parties due to the information that you provide. In particular, in relation to mobile messaging services, you guarantee that you are the owner, subscriber or beneficiary of the declared mobile numbers and are responsible for informing ParaTi of any change in their situation.

When you register, you will be given a username and password. The use of these keys is personal and non-transferable, and the assignment, even temporary, to third parties is not permitted. In this sense, it is your responsibility to adopt the necessary measures for the custody of the selected passwords, avoiding their use by third parties. Consequently, ParaTi does not assume any responsibility for the use of the passwords by unauthorized third parties. In the event that you have knowledge of or suspect the unauthorized use of your passwords, you must inform ParaTi of this as soon as possible.

 

4.- User obligations

As a User you agree to make diligent use of the Website and the Services accessible from it, subject to the Law, good customs and these Terms and Conditions (including the Specific Conditions where applicable and other legal texts) and to maintain due respect for other Users.

 

Likewise, as a User, you are solely responsible for the relations that you establish with the rest of the members and Users of ParaTi. We reserve the right to limit the number of contacts that the User establishes with other members and, in certain circumstances, to prohibit communications with other Users through the Services offered or to limit in any other way their use of said Services that exceed the scope of the agreed Services.

 

It is forbidden to:

1. host, store, disclose, publish, distribute, make available or share through our Website any content or material (including but not limited to text, trademarks, logos, links, sound, audio or image files, graphics, etc.);

1. over which you do not have the right or consent or are not entitled to reproduce, transmit, disseminate, distribute or make available to third parties;
2. that infringes or violates industrial or intellectual property rights, confidentiality or personal rights of third parties (such as copyright, the right to honor, privacy and one's own image, etc.) or in any way that is contrary to, disregards or infringes upon fundamental rights and public freedoms recognised in the Constitution, in international treaties and in other legislation or any other industrial and/or intellectual property rights recognised by the legislation of any country in which such rights may be deployed (such as moral rights);

• may damage, render useless, overload, deteriorate or incorporate viruses (or other physical or electronic elements) that may prevent the normal use and operation of our Website,

1. may damage the materials and information contained in the Website, the information systems or the documents, files and all types of content stored in any computer equipment (hacking) of ParaTi, of its members or of any User or in any way undermine the credit and image of ParaTi;
2. induce, incite, promote, criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, morals and generally accepted good customs or public order;
3. incorporates, makes available or allows access to content, products and/or services that are criminal, pornographic, violent, offensive, harmful, or that incite, induce or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;

• is false, ambiguous, inaccurate, exaggerated or untimely, in a manner which misleads or is likely to mislead as to its subject matter or the intentions or purposes of the caller;
• constitutes, in its case, illicit, deceptive or disloyal publicity and, in general, unfair competition, including the use of information, contents or other data seen or obtained through ParaTi to provide services that, in our entire discretion, compete with Us;

1. Using the Website to offer your own services and/or those of third parties or those that compete with ParaTi.
2. Any activity not expressly authorized in these Terms and Conditions and Specific Conditions where applicable.

 

5.- Content and link publication

In our Website we offer the Services and/or contents related to our activity, these being merely informative, without in any case being able to guarantee their accuracy, for which reason ParaTi reserves the right to update, modify or eliminate the contents, services and, in general, any elements that make up the design and configuration of the Website at any time without the need for prior notice.

 

Additionally, the Website may contain links to third party domains whose ownership and management corresponds to said independent third parties over which ParaTi has no control or ownership whatsoever. Therefore, we do not guarantee or take responsibility, in any way, for those contents, commercial activities, products and services included in the Website that may be linked, directly or indirectly, to our Website. The presence of such links, unless expressly stated otherwise, is merely for informative purposes and in no case implies a suggestion, invitation or recommendation about them, it being up to the User to verify as much information as they consider appropriate.

 

6.- Intellectual and Industrial Property rights

Our Website is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property. By way of example and without limitation, the texts, designs, images, audio, databases, images, logos, structure, brands and other elements of the Website are protected by the intellectual and industrial property rights of ParaTi and/or third party owners with the appropriate authorizations, either through registration on the Website or through the agreements for the transfer of exploitation rights that these have stipulated with ParaTi.

As is to be expected, we reserve all the rights of exploitation of our intellectual and industrial property so, in no case, will it be understood that access, navigation and use of our page implies a renunciation, transmission, license or total or partial assignment of said rights.

Any reproduction, transmission or distribution, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of our Website, carried out in any form or by any means, electronic, mechanical or other, is strictly prohibited unless previously authorized in writing by ParaTi or third party owners. Any infraction of these rights will be able to give rise to as many extrajudicial or judicial civil or penal procedures that correspond.

However, it is possible to establish a link to our Website address as long as it is not related to false, inaccurate, incorrect, misleading or confusing statements or that are contrary to the law, morals or good customs. Likewise, the Website may not be altered, changed, modified or adapted in any way. As a User, you only have the right to strictly private use with the purpose of enjoying the contents and Services in accordance with these Terms and Conditions and Specific Conditions where applicable.

By accepting these Terms and Conditions, when you register as a User, you grant ParaTi the non-exclusive, irrevocable, free right, without any territorial or temporal limitation, and with the power to transfer it to third parties, for the reproduction, public communication, including its method of making available, distribution and transformation, in any of the methods known to date, of all the information and/or content that, directly or indirectly, you provide or make available to our Website.

 

7. - Warranties and Liability Disclaimer

At ParaTi we make every effort to avoid any error in the contents that may appear on the Website. However, ParaTi does not guarantee, nor does it take responsibility for the consequences that could be derived from errors in its own contents or those of third parties that could appear, nor does it assume any responsibility derived from the veracity, exhaustiveness, exactness, legality and/or reliability of the information provided.

ParaTi has adopted, within its possibilities and the current state of technology, all reasonable measures in order to guarantee the correct functioning of our Website and we are committed to trying to solve the problems that may arise and to reach a quick and satisfactory solution to possible incidents. However, under no circumstances do we guarantee the reliability, availability or continuity of the Website, and therefore its use by Users is carried out at their own risk, without ParaTi being held responsible in this respect at any time.

In addition, we do not assume any liability, including but not limited to, for

1. Problems caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as possible security errors, failures or incidents that may befall in communications, deletion or incomplete transmissions that may occur. It is the responsibility of each User to have the appropriate tools for the detection of harmful computer programs.
2. The use of the contents and offers provided on the Website, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Company or third parties.

• The contents of those pages to which the Users can access from links included in our Website or the truthfulness and accuracy of the offers made by them.

1. The acts or omissions of third parties, regardless of whether these third parties may be linked to ParaTi by contract.
2. Errors or delays in accessing the Website when entering data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the internet network, causes of a fortuitous case or force majeure and any other unforeseeable contingency beyond the good faith and control of ParaTi.
3. Errors or damages produced by the use of our Website inefficiently and in bad faith by the User.

As User you guarantee to ParaTi that you rigorously comply with these Terms and Conditions exempting ParaTi from any potential responsibility in this respect and you must hold harmless and, if necessary, compensate and indemnify ParaTi, its directors, employees, affiliates, agents and any other related persons, with respect to any claims, responsibilities, sanctions, damages, losses, expenses or any other concepts that are a consequence of any breach of these Terms and Conditions.

 

8. Applicable law and competent jurisdiction and online dispute resolution ("ODR")

The present Terms and Conditions and the rest of the Specific Conditions of the Website and legal texts will be governed by Spanish legislation.

At ParaTi we strive to give our best and seek a solution that is reasonable. For this reason we believe that the best way is to have access to a free access platform, for the resolution of online conflicts, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body (hereinafter, the "ODR"), which acts as an intermediary between the two. Without the resolution being obligatory for the parties, this body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict, in accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission.

Here is a link to the application or claim form:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

And in this link the European Commission's search engine to the list of dispute resolution bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

In any case, for any questions that may arise or actions that may be taken as a result of the provision of the services and contents of ParaTi and on the interpretation, application, compliance or non-compliance with what is established here, you will be subject to the jurisdiction of the Courts and Tribunals of Barcelona, with express waiver of any other jurisdiction that may correspond to you

ParaTi reserves the right to modify its policy due to updates or changes and legal needs, as well as due to improvements and changes included in the way ParaTi offers and provides its services.

If during the reading you have had any doubts or questions about our Terms and Conditions or our Services, you can write to us at the following email address aquiparati.careers@gmail.com for more information.

 

SPECIFIC CONDITIONS FOR CANDIDATES

1.- Services aimed at Candidates

Below, we list the services we offer you, as a Candidate, from ParaTi:

1. Registration of the Candidate free of charge on the ParaTi website through the "Candidate's Registration" process, for the encounter with the registered Companies.
2. Registration of the Candidate in the Services offered by ParaTi in order to connect with other Candidates and Companies, create or join spaces for dialogue and debate.

• Selection of the level of privacy of the "CV" and the public profile. ParaTi facilitates the creation of a professional profile that you might be able to make public on the internet and be shared and read by other users and internet users, as well as indexed in search engines or privatized as you wish.

1. Services and tools for the management of active job searches through ParaTi.
2. Personalization of the main presentation page as a Candidate in the private menu.
3. Location services that allow you to be searched by the Companies (according to the level of privacy selected) through the Candidate database.

• ParaTi offers the opportunity to discover job offers that best match your Candidate profile through electronic communications (email, SMS, WhatsApp, Telegram, or push notifications). By default, during registration, the Email and WhatsApp channels will be activated for these communications, while others will be optional and configurable within the candidates profile. To benefit from this service, you must first select the geographical and professional areas of your interest and decide on the frequency of receiving offers (daily or weekly). If you register through the subscription of a job offer, the same areas of the job offer will be taken as areas of interest with a daily sending frequency. You reserve the right to activate or deactivate communication channels (WhatsApp, Telegram, Email) and to modify the notification frequency (daily, weekly) at any time from the candidate profile management panel.
• ParaTi offers the opportunity to the user to make use of its job simulation engine to test for specific skills for the given job, and get an assessment on the performance for the simulated tasks. The grade provided by the assessment of the skills must be taken as a reference, and for informational purposes only.
• Promotional electronic communication services about the personnel selection sector, as well as third party companies with which ParaTi has a relationship, among others, of selection and job search.

1. Communications services of interest through the ParaTi Employment Blog: Includes news related to ParaTi' current affairs, job search advice and information on employment trends.
2. Other services that ParaTi may create and that it considers of interest to Candidates, such as personalized advice, training, professional contact networks or spaces for dialogue, among others.

When you register as a Candidate, you decide, voluntarily and freely, to sign up for a job offer, training, or an event, being the only one responsible for sending your CV to the corresponding Company, which may hide its identity.

Likewise, we cannot guarantee that you will obtain specific results that do not depend exclusively on our activity, aspects known and accepted by you as a Candidate.

 

2.- Candidate’s Liability

Remember that as a Candidate, with respect to the information you provide, you guarantee that you are the owner and that it is accurate and truthful. Likewise, as a Candidate, it is your obligation to maintain, at all times, your data updated, being the only person responsible for the inaccuracy or falsity of the data provided to ParaTi and/or third parties of the damages that may be caused to us by the use of our Services.

ParaTi does not accept any responsibility for the use of the data that the Companies make, the texts or offers published (by or on behalf of the Companies). Keep in mind that ParaTi will not have the obligation to verify the information that you provide to it or that the Companies provide, this being the exclusive responsibility of each providing party. Neither do we guarantee the truthfulness, accuracy and updating of the information or jobs offered by third parties, so you expressly release ParaTi from any responsibility that may arise from the offers or information published on our website, not assuming ParaTi any responsibility in this regard. In this sense, as a Candidate, it corresponds to you to carry out as many verifications as you consider appropriate before registering in an offer and/or during your selection process.

Likewise, we warn that the ideas that are published and the information that you share with the rest of the Users can be seen and used by ParaTi or by third parties. In this sense, we cannot guarantee that these third parties will not use the ideas and information that you share through our Website. Therefore, if as a Candidate you have an idea or information that you wish to be confidential or do not want to be used, or if it is subject to third party rights that could be infringed if you shared it, you should not publish it on the Website.

Therefore, when you send ideas, suggestions, documents or any other proposal or contribution to ParaTi through the means that we make available to you, you are acknowledging and accepting that:

1. Said content cannot be considered confidential information nor is it the property of third parties;
2. That ParaTi does not have any obligation of confidentiality, expressed or implied, in relation to said content;

• That ParaTi reserves the right to use or reveal (or not, depending on its needs) all the content provided for any legal purpose that the platform considers, in any way and by any means.

Finally, when you unsubscribe as a Candidate, you can request the cancellation of your personal data following the process provided in our Privacy Policy. However, we reserve the right to remove any content and ideas that you have published that do not have the character of "personal data".

 

SPECIFIC CONDITIONS FOR THE COMPANIES

The present Specific Conditions, together with those indicated in each case and service, and our General Terms and Conditions in force at any given time on our Website (hereinafter, and together, the "Contracting Conditions") expressly regulate the relations that arise between ParaTi (hereinafter, "ParaTi", “Us” or "We"), and those third parties that contract the services offered on its Website or by means of telephone or email contracting with our commercial team (hereinafter, the "Services").

The Contracting Conditions have the purpose of regulating the contractual terms for the provision of the Services and the consideration due to ParaTi as well as the use of the Service.

 

1. – Acceptance of the Terms and Conditions

The activation of the request to send a contract through the ParaTi Website, or in its case the acceptance of the conditions exposed via email or telephone together with our personalized budget, attributes the condition of client to the registered company and expresses the full and unreserved acceptance of our Contracting Conditions.

Unless expressly stated otherwise, all of the Services offered by ParaTi will be governed by our General Terms and Conditions, as well as by the Specific Conditions included here and those that may apply to each of the Services. Similarly, our Privacy and Cookies Policies will be fully binding and you can access them at any time through our Website.

We remind you that when contracting any of our Services, present and future, our Terms and Conditions, Cancellation Policy and Privacy Policy in force at the time of contracting will also be applicable, so we invite you to read them in full before contracting any Service, including its technical, operational and functional characteristics, as well as the rates applicable in each case. For any additional information or clarification regarding the content of the Contracting Conditions, do not hesitate to contact our sales team before proceeding to the Contract through the following address. We will contact you as soon as possible.

 

2.- Our Services aimed at Companies

ParaTi helps you with the management of the job offers published on the Website. This management includes:

1. Insertion of job offers in the ParaTi job bank.
2. Reception of CVs registered in the offers made.

• Management of the selection process.

1. Services related to the management of the selection of Candidates and other services that ParaTi considers of interest to companies: network of professional contacts, news service, promotions and offers from third parties. Including facilitating the assessment results obtained by the candidates through the job simulation tool in our platform.
2. Alert service: automatic and free reception of CVs by electronic means. ParaTi offers the possibility of knowing through electronic communications (e-mail) in a fast, personal and free way, the CVs of Candidates who have registered in the offers published by the Company.
3. Electronic communications service.

3. Data visualization and analysis on job market supply and demand.

In order to comply with the service of publishing job offers on ParaTi and the service of consulting ParaTi' database, as a company you must take into account that the personal data and CV of the candidates will only be accessible, according to the level of privacy selected by the candidate. Likewise, you must take into account that we cannot guarantee that you will obtain specific results that do not depend exclusively on our activity, aspects that are known and accepted when contracting the Services.

-^[b]

 

 

3.- Contracting process of the Services

The Services may be contracted by natural persons of legal age or legal entities. In the case of a legal entity, the request for the Services must be made by a duly authorized representative of the Company. In the case of natural persons, they must be of legal age and contract in their own name.

As a Company, you are responsible for ensuring that the data included in the registration process and/or contracting through our Website or by other means are true and accurate, and you undertake to communicate to ParaTi as soon as possible all changes relating to this data and, especially, those referring to the information necessary for the proper maintenance and management of the provision of the contracted Services. You can modify the data provided through the Client Area at any time by identifying yourself with the passwords provided during the registration process as a Company.

ParaTi reserves the right to accept or reject any contract, as long as it: (a) verifies that the data provided are not true or are inaccurate; (b) considers that the request made: (i) does not comply with the terms set out in the Contracting Conditions and/or (ii) damages or could damage the corporate image of ParaTi or would be contrary to the commercial purposes pursued by the same; and/or (iii) has pending payment of a Service previously contracted with ParaTi. The denial of the provision of the Services will be by e-mail or telephone at the addresses provided, indicating the reason for the denial. You will be able to request again a Service that had been refused again, as long as the reasons that had given rise to their refusal had been properly corrected

To hire our Services, it can be done in two ways:

• By accessing our website and making an online purchase. In this case, an estimate is automatically generated with the request of the Services and will proceed initiating them when the payment has been confirmed.
• By contacting our sales department. In this case, a member of our sales team will contact you for the process of hiring and customizing our Services. In any case, this off-line contracting is subject to the Contracting Conditions of our Website.

In any case, it will be understood that the contract is perfected, being binding with ParaTi, when: (i) ParaTi receives the acceptance of the contract offer with date and signature of the budget, in the form of fax or copy, in PDF format or is expressly confirmed in writing by any electronic means; (ii) the Company proceeds to the activation and payment of one or more Services through the Website; (iii) the Company initiates the use and enjoyment of the Services requested from ParaTi in any way; (iv) as soon as ParaTi confirms a written order; (v) ParaTi publishes the Company's employment announcement on the Internet.

We take this opportunity to inform you that the Services will not be initiated until we have received payment or the first payment, as appropriate, for them. However, please do not hesitate to contact us through the following email, to negotiate conditions and payment methods that will suit your needs: aquiparati.careers@gmail.com

 

4.- Fees, payment forms and billing

Unless otherwise agreed in writing with ParaTi, the Company will pay for the contracted Services according to the established current rate at the time of contracting. Unless expressly indicated to the contrary, the prices contained in the price list or estimates issued do not include VAT or any other tax that may replace it or be applicable in the future.

 

At ParaTi we have the following payment methods to choose from when contracting a Service:

• Payment in advance;
• Full payment in 10 days;
• Full payment in 30 days;
• Full payment in 60 days;
• Full payment in 90 days;
• Payment in advance and periodic installments divided into 12 payments.

 

The Company may proceed to the payment of the selected modality by (i) credit card, (ii) bank transfer or (iii) or direct debit in the modality of deferred payment in 12 evenly divided installments.

The Services that you contract with us are exclusively for your use and for the persons that, in their case, we have authorized to that effect, not being able to resell, assign or commercialize, in everything or in part, the above mentioned Services to third parties. For this reason, ParaTi reserves the right to cancel the contracted services in the event of non-compliance with the provisions of the Contracting Conditions, without in any case refunding the amounts paid or releasing you from the payment of those due according to the selected and agreed modality.

However, in those cases where our usual rates have been customized, these will apply as long as the conditions under which the Services were contracted are maintained. Consequently, in the event that you terminate a Service, we reserve the right to adapt the customized rates to our usual rates in accordance with the provisions of our Cancellation Policy set out below.

In the case of a chargeback or dispute over payment of a credit card or bank direct debit and non-payment, we reserve the right to suspend the contracted Services without prior notice and apply a chargeback fee (equivalent to the costs generated by the management of the collection and non-payment of the Services) which must be paid in full before the Service is re-established, the files are handed over or any other work is carried out, without prejudice to the legal actions that could correspond to ParaTi for the damages caused by the non-payment.

Likewise, in cases where payment for the Services is made after their start, we inform you that any delay in payment within ten (10) days after the due date without any communication having been made, will automatically accrue interest in our favor at a rate equal to 3% (or the maximum amount permitted by law, if lower), on a daily basis from the date on which it is due until the day on which it is paid.

Once the term of the contract for one or more of our Services has expired, if you wish to renew such Services with Us, you must notify us at least seven (7) days in advance of the date on which the Services are due to be continued without interruption.

The invoicing of the Services will start from the day in which ParaTi communicates the activation of the contracted Service or it starts effectively. Invoicing will be carried out according to the payment method selected in accordance with the established rates and the corresponding price revisions that may be applicable.

The invoices for the provision of the Services will include the applicable indirect taxes, deducting all those amounts that ParaTi has the obligation to retain and pay on behalf of the Company.

Without prejudice to the obligation of payment on the corresponding date, if after ten (10) days from the emission of the invoices, the Company does not manifest, by any means that accredits its receipt, its disagreement with its content, it will be understood that these invoices are correct, and no claim will be accepted by ParaTi after this period.

As a Company you give your express consent for us to make the invoices available to you, by electronic and telematic means. In any case, you will be able to exercise your right to receive invoices on paper at any time, by writing to aquiparati.careers@gmail.com

 

5.- Procedure for the publication of job offers

To publish your jobs and vacancies, we can do it in 3 ways:

• You can provide us directly with the text you want to publish.
• From ParaTi we can write the text, which we will send you for your approval to publish it afterwards.
• You can send us the information you want to publish through third party ATS. This aspect is subject to the Privacy Policy and Cookies Policy of our Website, in any case.

When offering a job, training or event, you will be able to select the area or region in which such an offer is published in order to provide an optimal service.  In the event that you do not determine a region, the region corresponding to the address provided in the process of registration as a Company will be established by default.  

As a Company, you guarantee ParaTi that all the information and details of the job offer comply with current legislation, respect the guidelines set out in the collective agreement that may correspond and do not contravene labor regulations. Remember that ParaTi will not have the obligation to verify the information you provide for the provision of the Services, remaining under your exclusive responsibility.

Therefore, the jobs you offer as a Company, as well as the training and events, must be legally valid. In this sense, we do not accept those offers that: (i) require an investment of money by the Candidate (except for specific training and events); (ii) are offers from pyramid schemes companies; (iii) are business opportunities; (iv) are related to the adult entertainment industry.

At ParaTi we reserve the right not to fulfill the orders placed, or to remove elements of the Service already published, if the published content violates the legal requirements or prohibitions established in our Terms and Conditions, violates the rights of third parties, deteriorates the quality of the Service, damages in any way the image and brand of ParaTi, or violates the terms and conditions of ParaTi of impermissible content that we expose below:

1. Are duplicated: those that offer the same job, training or event, in the same region and / or date.
2. If a self-employed or independent job is advertised or a club membership is advertised.

• Enter contact information (Phone, Fax, address and/or email) in the job description field.

1. Belong to companies with unreal or generic names, except when contracting any of the Services offered.
2. Enter the company's URLs to redirect Candidates. Offers must refer to vacancies available in the Company, as well as vacancies for training or event attendance.
3. Apply to more than one region when the form is being recruited for only one region.

• Indicate more than one position per job and offer or the offer is misleading or ambiguous.

Incorrect form: "Offer: "Helper Waiter / Waiter / Cook".

Correct form: "Offer Nº1: Helper waiter; Offer Nº2: Waiter; Offer Nº3: Cook".

 

As a Company you are aware that you cannot completely avoid that, given the current state of technology, the job offers published on the Website are copied, linked or published by other Internet providers, disguised as their own offers with the help of frames. At ParaTi we make no effort, within the legally required limits and as far as is technically possible, to prevent copies, links and framing in this sense, however, any unauthorized publication or linking or framing by a third party will not create any right in your favor to make any claim against ParaTi.

In order to improve the quality of the advertisement on all devices, ParaTi reserves the right to change the layout of the offer accordingly.

Upon your request and instructions, ParaTi will activate a button on the job offers marked "Apply now" or similar for Candidates. Depending on the selection you have established, this button may link to a page named by you and/or to a standard ParaTi application form page on its platforms, with which Candidates may submit the information requested through the form by means of a specific account in the Candidate administration at ParaTi Customer Center.

At ParaTi we have the right (but not the obligation) to publish job offers on other sites, especially those belonging to partners, or to create appropriate links to third party sites. This is an additional and voluntary service of ParaTi that does not imply any additional cost. However, when you particularly request publication on an additional site other than those initially offered by Us, these may contain additional restrictions and requirements in addition to our Terms and Conditions, for which ParaTi assumes no responsibility. We also point out that in the event that you request a specific region different from those initially offered within the framework of our Services, there may be certain legal requirements and prohibitions for job advertisements in other countries that must be complied with at all times and the indications contained herein may be modified or completed.

 

6.- Rights and obligations

6.1.- Rights and obligations of the Company

As a party to this contract, you undertake to:

1. To observe all the rules and conditions established in our Website or provided by ParaTi may impose on the use of its Services and resources;
2. To provide ParaTi with as much information and/or documentation as is reasonably necessary to carry out the agreed Services. From the moment that the information and/or documentation is requested, it should be provided as soon as possible, not counting as delays those that we may incur as a result of not delivering the information and/or documentation for the purpose of carrying out the Services within the agreed deadlines.

• Not to use the Services to carry out activities contrary to the law, morality, public order or for illicit, prohibited purposes or effects, harmful to the rights and interests of third parties, ParaTi declining any responsibility that could be derived from this.

1. To comply with the payment obligations in the terms and conditions agreed upon.
2. To obtain as many consents as necessary from the interested parties and/or to have the corresponding legitimizing basis with respect to any treatment and communication of the personal data of the Candidates in connection with the development of the present contract. To this effect, you undertake to keep ParaTi harmless in the event of any claim made by third parties and to reimburse any expenses that may be generated for Us as a result of said claim (including, but not limited to, sanctions and fines applied by the competent authority).

 

6.2.- Rights and obligations of ParaTi

We undertake to:

1. To carry out the Services in the terms and conditions that have been agreed upon.
2. To provide information regarding the development and implementation of new and/or complementary functionalities to the contracted Services.

• To supervise the correct functioning of the Website for the development of the contracted Services, making every reasonable effort within our control and management capacity to guarantee and maintain adequate availability of the Website at all times. ^[c]

 

7.- Cancellation policy

Below, we explain our cancellation policy for all our Services. Remember that when you make a purchase, you enter into a legally binding contract with ParaTi. Therefore, we recommend you read and make sure you fully understand our cancellation and refund policy before contracting one of our Services.

As a Company you can request the cancellation of any Service at any time. However, please note that, except in the exceptional cases indicated below, once a quote is accepted, a Service is contracted, and/or a deposit or payment is made, you acknowledge and accept that, whether or not you use our purchased Services, it is non-refundable and you must pay the full amount accrued or agreed upon as a result of the quote accepted or modality selected when purchasing a Service. All contracted Services will be available until the initial agreed term and/or any extension for your exclusive use expires or ends, except in the event that you breach our accepted terms and conditions with your contract.

What are the exceptional cases in which reimbursement is due?

You are entitled to a refund in the following situations:

1. In the event of a right of withdrawal under the conditions set out below.
2. If the contracted Services are not initiated by us within sixty (60) days after its purchase and activation.

• If the provision of our Services does not conform to the proposal and accepted quotes and/or any additional written instructions previously agreed upon having requested their correction within fifteen days of their request.

1. If ParaTi is totally prevented from fulfilling its obligations for a period of at least ninety (90) consecutive days as a result of the occurrence of an event of Force Majeure affecting ParaTi in the provision of its Services. Outside of this assumption, no refund will be made if you postpone or cancel, in whole or in part, a Service unilaterally even in situations of Force Majeure, provided that these do not affect the provision of Services by ParaTi as we have indicated.  

As a Company, you may exercise your right of withdrawal with respect to one or more contracted Services without the need for justification or penalty, only in cases where each and every one of the following requirements is met:

1. that the Company is considered a consumer or user as defined by the current legislation on the Defense of Consumers and Users. For this purpose, a consumer or user is considered to be a natural person who acts with a purpose unrelated to his or her commercial or business activity, trade or profession;
2. that the Contract has been signed at distance, without the physical presence of the parties involved and that the conditions contained therein have not been negotiated between the parties;

• the product or service resulting from the agreement is not customized for the Company or is a digital content supply service;

1. the services have not been fully performed;
2. and that this right is exercised during the withdrawal period, that is, fourteen (14) calendar days from the date of conclusion of the agreement for the provision of one or more of our Services.

 

To this effect, ParaTi does not accept any cancellation once a Service has been hired, regardless of the chosen contracting format, if written notification is not provided (by letter, fax, email or field enabled for this purpose in the Company profile area), within the aforementioned withdrawal period. Such notification must be signed by the authorized persons representing the Company and must be accompanied by an ID card, if applicable.

In the event of Force Majeure affecting ParaTi, we may cancel, without additional responsibility, any service not carried out pending, by means of written notification to the Company no less than ten (10) working days in advance.

In the event of total or partial reimbursement of the amounts received, we will reimburse you the amount that is applicable within a period of thirty (30) days from the termination of the contract with prior written confirmation. Please note that the agreed fee may be adapted and, therefore, the refund will be made partially in proportion to the Service actually available, developed or completed. To this end, please remember that our offers for the Services have been especially personalized for you (in any of the contract modalities) in accordance with the Services acquired and their duration. Therefore, in the aforementioned cases, taking into account that the terms initially agreed upon for contracting are affected, ParaTi will have the right to adapt and deduct from the price paid or due its usual rates for the Services carried out.

On the contrary, the partial refund will not be applied if ParaTi is unable to complete the Service due to actions and/or omissions exclusively under your responsibility. Therefore, the failure to present additional information or documents that we may request from you for the provision of the Services will not be considered a breach of the Services, and no refund will be given.

For any billing problem, you can contact us through the following email address aquiparati.careers@gmail.com

 

8.-Intellectual and industrial property

None of the statements contained in these Specific Conditions imply the assignment or transfer of any intellectual or industrial property rights owned by each party. Each of the parties expressly declares and accepts that each of the parties is the sole and exclusive owner of any intellectual property rights, designs, industrial property rights, commercial and/or business secrets, know-how or any other rights that may be used by the other party for the development of the contracted Services.

All and each one of the rights, interests and titles of Industrial and Intellectual Property with respect to the works and designs that could be created specifically by ParaTi for the Company will be yielded to it exclusively, unlimited in time and geography, whenever the Company has made the payment by the Services lent by ParaTi, with the exception of those derived from the use and development of the Website and contained tools used for the benefit of the Services, whose ownership belongs to ParaTi and/or third parties. Therefore, the provision of the Services does not imply, either directly or indirectly, any transfer of intellectual property rights of which ParaTi is the owner prior to the provision of the Services, which will be and continue to be the property of ParaTi, and it is prohibited to copy, reproduce, distribute or publicly communicate any of its elements without the express consent of ParaTi.

The improper use of any distinctive sign protected by industrial or intellectual property rights will empower its owner to terminate the contract and request the corresponding compensation for damages.

9.-Assignment and sub-contracting

 The Company is not authorized to assign the rights and obligations included in this Contract to a third party without the prior written consent of ParaTi.

The Company authorizes ParaTi to subcontract any part of the Services to a third party upon prior written notice. Said communication will not be necessary for ParaTi' usual suppliers, a fact known and accepted by the Company.

 

10.- Confidentiality

 All information obtained as a result of the provision of the Services is strictly confidential and the parties undertake to keep it secret and not to disclose it ("Confidential Information"). For this purpose, Confidential Information is considered to be any data obtained by virtue of the provision of the Service and, in particular, the information and data belonging to the other party and its management and operation, methods, additional services, ideas, procedures, technical, commercial or financial information to which it has access both retroactively and during the execution of the Service.

Each party shall refrain from using the other party’s Confidential Information for any purpose other than that which constitutes the object of the provision of the contracted Services, unless expressly authorized in writing by the party concerned.

The delivery of Confidential Information does not imply, under any criteria, the concession of a license to use any copyright, patent, patent rights, inventions, trademarks, rights to logos or proper names.

The obligations of confidentiality established in the present clause will remain in force during the provision of the Services and subsequently indefinitely upon the termination, for whatever reason, of the relationship between ParaTi and the Company.

Communications or replies to authorities, public officials, courts or any other legally required, as well as data that is in the public domain, has been published or can be legally obtained through other sources are expressly excluded from the obligation of confidentiality.

 

11.- Termination

These Specific Conditions, and those that in relation to each one of the Services are applicabñe, will terminated by the causes admitted both in the Civil and Commercial Codes, and, specifically, by the following ones: (i) by mutual agreement between the parties expressly stated in writing and (ii) by the early termination of the Services contracted in accordance with the terms and conditions developed in these Specific Conditions. In any case, the termination of the contractual relationship will not exonerate the parties from the fulfilment of their outstanding obligations, in particular, the payment obligations assumed with the contracting of our Services.

ParaTi may withdraw or suspend at any time and without prior notice the provision of Services in the event that it considers that illegal activities are being carried out and/or that they endanger the integrity of the Website, ParaTi’ Services or fail to comply with any of the obligations assumed under the accepted Contracting Conditions.

 

12.- Warranties and limitation of liability

 ParaTi declares that it is in possession of the proper title and that, therefore, it has sufficient authorizations in terms of industrial and intellectual property, including copyright and image rights that could correspond to all persons involved in the provision of the Services.

As a Client, you guarantee in the same way that all the material you provide does not infringe any intellectual or industrial property rights, image rights or any other rights that may be held by any third party, and may be used without limitation.

With the exception of the warranties legally established by Spanish legislation in this area, ParaTi does not grant any additional warranties to those that are required. In particular, ParaTi does not guarantee, without prejudice to the use and enjoyment that you make of the Website and our Services, that these will satisfy your needs, that they will function uninterruptedly or without error, or that any defects that may arise will be corrected. The choice, use and results are the responsibility of the Company, so no information, verbal or written advice given by Us, or given in the future, shall constitute any warranty.

To the extent and to the extent that our responsibility is determined in light of the above, ParaTi shall not be liable in any way for loss of profit (including, but not limited to, business interruption, loss of profit or savings), indirect or consequential damages or for administrative or judicial actions of any kind, in connection with the provision of the Services, against the Company or third parties who may claim from the Company. ParaTi will not also be responsible for the emerging damage and direct damages when these do not depend on ParaTi' actions or omissions exclusively.

In any case, the responsibility of ParaTi derived from the provision of the Services will be limited to the sum of all the amounts paid by the Company during the last six (6) months previous to the production of the event that caused the damage, as much for each incident as for the sum of all the incidents that occurred in this period.

13.- Miscellaneous

13.1. Independence of the parties. - The Parties expressly declare that they act with complete independence from each other in the execution of their own business and activities. Nothing agreed in these Specific Conditions may constitute an employment, agency, commission or partnership relationship.

 

13.2. Waiver of rights. - The delay or omission of the Parties to exercise or claim their rights under this Agreement shall not affect such rights nor may it be construed as a waiver of the exercise of such rights or tolerance of their breach.

 

13.3. Single Agreement. - This Agreement and its Annexes form a single legal body, which is the only valid agreement between the Parties. Consequently, any commitment or communication, whether oral or written, made prior to the signing of this Agreement that is not expressly set forth in this Agreement or its Annexes is void and without value.

 

13.4. Partial validity. - When, by court order or by any other provision, any of the non-essential clauses of the Contracting Conditions is declared totally or partially invalid or ineffective, such invalidity or ineffectiveness shall not extend to the rest of the conditions provided, which shall remain in force and fully effective. To this end, it is agreed to replace any clause that becomes invalid or ineffective by another valid and effective one, trying to make the effect of the latter as similar as possible to the first one.

 

13.5. Non-exclusivity. - The provision of the Services is not exclusive for any of the parties, so the Company accepts that the Services may be contracted by third parties directly or in association with third parties.

13.6. Force Majeure. - None of the Parties will be responsible for any delay or failure in the provision of the Services or of their quality if these have been caused in cases of force majeure. By way of illustration, but not limitation, "Force Majeure Event" shall mean natural disasters such as earthquakes, floods, explosions, fires, riots, terrorist attacks and wars, labor disputes, actions of government entities, attacks by hackers, viruses or other types of malware or software infections, power failures and legislative changes.  

When a Force Majeure Event occurs, the Party whose performance is affected must notify the other Party in writing and make every effort to resume performance as soon as possible.

To the extent that a Force Majeure Event occurs that makes performance inadvisable, illegal or impossible, the parties, with the prior written consent of both parties, may (i) negotiate and modify in an equitable manner the obligations affected, (ii) terminate performance of their obligations under this Agreement if the Force Majeure Event continues three (3) months later. However, please remember that there will be no reimbursement or cancellation of the amounts due in cases of Force Majeure as long as these do not affect ParaTi' capacity to provide the contracted Services.

13.7. Notifications. - All notifications or other communications to be made within the framework of the provision of the Services must be made in writing (sent by e-mail, certified mail with acknowledgement of receipt, facsimile, etc.), and may be addressed by ParaTi to the attention of the contact persons indicated in the request for the Service, or to those indicated as authorized contacts at a later date by the Company.


Should any discrepancy occur between the Spanish and English version of the documents, the Spanish version shall prevail.