Terms & Conditions
Last update: May 2023
We are Jobbatical OÜ, an Estonian company with registry code 12671900, address Estonia, Tallinn, Niine 11, 10414 (Jobbatical, we, us and our). We provide employee relocation and settle-in services (the Service) at the click of a button through our online platform at app.jobbatical.com (the Platform).
In general, the Service is provided to the legal persons, i.e. the employers who wish to relocate its employee/candidate from one location to another, but in exceptional cases we may provide the Services also to the natural persons.
The term “Talent” or “you” refers to a natural person who has requested the provision of Services and therefore accepted these Terms of Service (the Terms). If the provision of Services also includes the family members of the talent then the term “you” refers also to the family member of the talent. By accepting these Terms and using our Services, you confirm that you have carefully read and understood these Terms and agree to be bound by these Terms. Acceptance of these Terms shall form a legally binding agreement between the Talent and Jobbatical (the Agreement).
1. The Service
- The Services may include:
- immigration-related services such as registration of employment, assistance on applying for the residence permit or visa, applying for personal identification number, registration of a place of residence, registration of tax residency and overview of labour taxes applicable in the country of destination;
- settle-in-related services such as search for accommodation, family doctor, assistance on opening a bank account and entering into phone service provider agreement.
- any other services agreed between us and you.
- The exact scope of the Services to be provided to you is agreed via your interaction with us through the Platform or via other communication between you and us.
- You agree that any information provided by us in the course of provision of Service, for example, information about actions to be taken or documents to be submitted by your employer or by you applies only specifically regarding you or your family member being subject to respective Service and the specific case at hand. You shall not disclose any such information to any third party without our prior written consent.
- You acknowledge and understand that the final result of the provision of Services may be outside of our control. For example, we cannot provide any guarantee concerning the final decision made by the authorities. Any time estimation provided by us is for informative purposes only. Regardless of the foregoing, we shall use our best effort, in every reasonable way, to achieve the most beneficial result to you without any unnecessary delays.
2. User Account and use of the platform
- To use the Service, you must log in via Platform and accept these Terms.
- Jobbatical may enable you to create an account and to register as a user by yourself via the Platform. By registering yourself, you confirm that any registration information you submit is true, accurate and complete.
- You are liable for maintaining confidentiality of your username and password. You must immediately notify us if you believe the security of your account has been compromised.
- Creation of the user account is required to submit Service-related information. Certain features of the Platform can only be used by logging in to your account. There may be other features of the Platform in the future which can only be used by logging in to your account.
- You shall not:
- use the Services for any unlawful, obscene or immoral purpose or for soliciting others to perform any unlawful or immoral acts;
- violate any international or local laws and regulations in connection with the use of Services;
- in connection with the use of Services, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- submit any false or misleading information in connection with the use of the Services;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or Platform;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- interfere with or circumvent the security features of the Services or the Platform or any technical measures used to provide the services or any related Platform;
- transfer your account to another party.
- Your personal information collected during the provision of Service shall be processed in accordance with the Platform Privacy Notice (available at: https://www.jobbatical.com/privacy-notice).
4. Fees and payment
- The Service is subject to a fee, which is disclosed to you by us during the service ordering process. Please ensure that you check carefully before confirming your purchase.
- The fee(s) shall be paid based on the invoice(s). Each invoice submitted by us to you becomes due and payable within 10 calendar days from the date of the invoice. In case of delay in any payments, we may request you to pay a delay interest of 0,066% of the delayed amount per each day of delay.
5. Liability and indemnification
- We will put our skills to the most effective use and take the utmost care in providing the Services as may reasonably be expected from us. We aim to comply with any deadline agreed with you to the extent it is in our control. We agree to apply our best efforts in providing the Services to you. You, however, acknowledge that the provision of our Services may still be affected by the impacts that cannot always be completed or anticipated due to the complex nature of the technology environment. This being the case, you agree that we will be offering our Services as a best effort to avoid the following:
- any interruption, discontinuance, suspension or other type of unavailability of the Platform or Service;
- any interruption or cessation of transmission to or from the Platform or Service;
- any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform;
- deletion of, corruption of, or failure to store any content or data;
- the incompatibility of technologies used for accessing the Platform.
- We are not liable for any breach or damages that is caused by (i) incorrect, incomplete or misleading information provided by you, your Employer, your family members and/or any other third party, or (ii) any failure or delay by you, your Employer, your family members and/or any other third party to perform the actions required to be taken in order to achieve the purpose of the respective Service.
- We are liable for any breach of this Agreement only to the extent the breach is intentional or grossly negligent.
- Our liability in respect of any Service provided to you shall be limited to the total amount of Fees you have actually paid for such Service. We are not liable to you in respect of any Service that is provided to your Employer.
- We shall not be liable for any damages other than direct proprietary damages.
- Any limitations of our liability set out in these Terms shall not apply in case of any intentional breach of the Agreement by us.
- You hereby agree to compensate us as well as any persons that we have engaged in the provision of the Services for any damages and costs incurred as a result of your breach of this Agreement or applicable laws.
6. Termination and deletion of your account
- The Agreement takes effect from the acceptance of these Terms and is for an unspecified term.
- Either party may unilaterally terminate this Agreement at any time and without providing any reason for termination by giving the respective other party one-month prior notice.
- You may immediately unilaterally terminate the Agreement by giving us a notice if we have breached this Agreement and have not remedied the breach within 14 days after the receipt of your relevant notice.
- We may immediately unilaterally terminate the Agreement by giving you a notice thereof if you have (i) provided morally inappropriate, fraudulent, misleading or inaccurate information and/or (ii) are not eligible or authorised to use the Services and/or or (iii) have breached this Agreement and have not remedied the breach within 14 days after the receipt of our relevant notice.
- Termination of the Agreement does not terminate the obligations that have arisen before termination, unless the parties agree otherwise.
- After the termination of the Agreement we have the right to delete your account. Your data and any data concerning the provision of Services, including reports generated in the course of provision of Service will be stored in our database in personalised format for up until the expiry of the claims arising from the contract - 3 years.
7. Miscellaneous, governing law and jurisdiction
- The Agreement is governed by Estonian laws.
- Any disputes arising from this Agreement shall be settled in the Harju County Court in Estonia.
- We reserve the right to change any part of Terms in case (i) we improve our Services and/or develop new features (ii) we otherwise change the scope or nature of our Services or our related practices (iii) there is a change in costs, expenses, risks and/or liabilities relating to the provision of Services (iv) the purpose of the change is to clarify any of the parties’ rights and obligations relating to the Services and/or (v) there are other objective reasons of whatsoever nature. We will notify you of each such change via email. If you do not agree to the change of Terms, you have a right to terminate the Agreement within 14 days as of our notification by sending us a termination notice in which case Agreement terminates after 30 days of receipt of your notice. Your continued use of Platform and/or the Service after we have notified you about the changes constitutes your acceptance to those changes.
- You understand and agree that this Agreement is considered a distance contract subject to statutory consumer regulation. Regardless of the foregoing, you hereby expressly request us to start the provision of service prior the expiry of the right of withdrawal and you are aware of losing your right to withdraw upon full performance of the service.