1. Terms and Conditions

 

1.1. This website is owned and operated by CAPELAN Consulting Group, 6 Rue Sebitz, 67100, Strasbourg, France, R.C.S. Strasbourg 877 682 856. These Terms and Conditions set forth the terms and conditions under which you may use our website and services, both online and offline, as offered by us. This website primarily offers visitors information about our services and the possibility to sign up to our various programs and events, via data collection forms. All privacy and data handling related topics can be found in our privacy policy (Here: https://www.ainova.com/privacy-policy). By accessing or using the website of our service, you agree to have read, understood, and be bound by these Terms and Conditions.

 

2. Key terms

 

2.1 “AiNOVA” is the trading name of CAPELAN Consulting Group and will be used to refer to CAPELAN Consulting Group in these Terms and Conditions.

2.2. “Client” means the contracting party, be it a person, firm, or corporate body to whom AiNOVA introduces a Candidate.

2.3. “Candidate” means the person introduced by AiNOVA to Client including, but not limited to, any officer or employee of the Candidate if the Candidate is a limited company, any member or employee of the Candidate if the Candidate is a limited liability partnership, and members of AiNOVA’s own staff.

2.4. “User” means the person using this website and/or AiNOVA services, be it a person, firm, or corporate body.

2.5. “Personal CV” means the curriculum vitae that the Candidate created and submitted of their own volition.

2.6. “AiNOVA resume” means the overview and summary, created by AiNOVA, of the professional and educational history of the Candidate and the results of any assessments and/or interviews held by or organised through AiNOVA and any third party assessors.

 

3. Who can use our website and the requirements to create an account

 

3.1. In order to use our website and/or receive our services, a User must be at least eighteen years of age, or of the legal age of majority in the User’s jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and Conditions as a binding agreement. A User is not allowed to use this website and/or receive services if doing so is prohibited in the User’s country or under any law or regulation applicable to said User.

 

4. Key commercial Terms

 

4.1. The business relationship between the User and AiNOVA is governed exclusively by these Terms and Conditions, unless supplemented and amended by specific terms or provisions. AiNOVA herewith rejects any other terms and conditions unless explicitly agreed to in writing. The foregoing also applies if and to the extent that the scope of the terms and conditions of the User extend beyond the scope of these Terms and Conditions.

 

4.2. Key commercial Terms offered to Clients

 

4.2.1. AiNOVA offers Clients the opportunity to find suitable Candidates quickly and transparently. By signing up and/or creating an account a Client enters into a business relationship with AiNOVA and agrees that all accessible Candidates on our platform are considered as introduced by AiNOVA. A Client is only liable to make commission payments if a Candidate is subsequently employed by the Client or a contract has been concluded by the Client and Candidate. Signing up gives a Client access to a database of anonymized Candidates. A Client also gains access to the free service of having Candidates recommended to said Client. AiNOVA retains the right to offer and/or refuse its services to anyone. Protection from competition is also excluded.

 

4.2.2. The core terms of the commercial relationship between AiNOVA and the Client are as follows:

• The Client undertakes to notify AiNOVA immediately if a contract of any kind whatsoever is concluded with a Candidate in our database.

• The Client undertakes to disclose to AiNOVA the key terms of said contract (remuneration, dates of commencement and conclusion of contract, etc.).

• Candidates count as coming from AiNOVA for twelve months after introduction. The introduction is the moment that the contact details of the Candidate is given to the Client by any means whatsoever.

• A commission of 15% based on the negotiated annual salary (excluding VAT) is applicable.

• Payment is due, via bank transfer, within seven days of the invoicing date.

• Invoices are issued upon the acceptance of an offer from the Client to a Candidate.

• A refund of 100% of the commission is due in the case that a Candidate:

  • does not start his/her employment,

  • is let go by the Client (excluding terminations due to structural changes),

  • or leaves the Client within a time period of three months after the start date of the contract.

 

4.2.3. By signing up the Client agrees to have an account handled by Wix.com (You can find the Privacy Policy of Wix.com here: https://www.wix.com/about/privacy). The Client also agrees that their data will be processed and kept in accordance with these Terms and Conditions and our Privacy Policy (Here: https://www.ainova.com/privacy-policy).

 

4.2.4. AiNOVA does not carry out any background checks on Candidates or information provided by them beyond the assessments described in these Terms and Conditions in Section 3.2.2.. AiNOVA retains the right to carry out such checks at any time. The Client is responsible for any and all verification prior to offering permanent employment or project work.

 

4.2.5. The provisions in these Terms and Conditions apply mutatis mutandis to (i) contracts concluded between Candidates and a company affiliated with the Client, (ii) new contracts concluded between Candidates and a company affiliated with the Client, within twelve months of the date of the end of the application/selection process, and (iii) for Clients.

 

4.3. Key commercial Terms offered to Candidates

 

4.3.1. AiNOVA offers Candidates the opportunity to quickly and transparently find suitable employment opportunities, either for permanent positions or freelance work. Candidates may use the services provided free of charge. By signing up and/or creating an account a Candidate enters into a commercial relationship with AiNOVA. AiNOVA retains the right to offer and/or refuse its services to anyone. 

 

4.3.2. The core terms of the commercial relationship between AiNOVA and the Candidate are as follows:

• The Candidate signs up free of charge and in doing so agrees to be bound by these Terms and Conditions.

• By signing up the Candidate agrees that their data will be processed and kept in accordance with these Terms and Conditions and our Privacy Policy (Here: https://www.ainova.com/privacy-policy).

• After signing up, the Candidate will go through our free Assessment process. This includes, but is not limited to:

  • A minimum of one interview,

  • and a technical assessment provided by Workera.ai. The Candidate agrees to have their data processed and kept in accordance with the Workera.ai Privacy Policy (You can find the Privacy Policy of Workera.ai here: https://workera.ai/privacy_policy/)

• We reserve the right to include and/or exclude individuals from the Assessment process.

• The Candidate agrees to AiNOVA creating an overview and summary of the professional and educational history of the Candidate and the results of the Assessment process. This constitutes the AiNOVA resume.

• AiNOVA does not automatically show the AiNOVA resume to the Candidate. However, the Candidate has the right to request said AiNOVA resume.

• By signing up the Candidate agrees to AiNOVA sending out an anonymised AiNOVA resume to Clients and/or for said AiNOVA resume to be displayed in a database viewable by Clients who have signed up to the website and/or AiNOVA services. We take anonymity seriously. We guarantee that no identifying information (name, current employer, etc.) will be on display.

• AiNOVA will contact the Candidate for consent before sending the Personal CV or personal details of the Candidate to an interested Client.

• The Candidate agrees to let AiNOVA know immediately if a contract of any kind whatsoever is concluded with a Client. The Candidate also agrees to notify us immediately if a Client is bypassing our service.

• The Candidate agrees to not misrepresent themselves to us or Clients.

• The Candidate agrees that any information presented by the Candidate to us or Clients is correct. AiNOVA is not liable for the accuracy of information presented by the Candidate.

• AiNOVA reserves the right to reach out to the Candidate for as long as the Candidate remains in our Talent Pool. The Candidate will be contacted for matters related to accounts and/or profiles, status updates for services requested or rendered, feedback, and/or the application process. The Candidate can opt out of the Talent Pool at any time - please just notify us by emailing contact@ainova.com

• By signing up the Candidate agrees to be part of the Talent Pool and have their data stored by us for an undefined period of time. The Candidate can request the deletion of said data at any time - - please just notify us by emailing contact@ainova.com

• AiNOVA reserves the right to delete a Candidate’s data at any point in time. In this case, we will notify the Candidate about the deletion of said data.

 

5. AiNOVA Talent Referral Program Terms and Conditions

AiNOVA, may at times offer you the opportunity to refer friends via a referral program (“Program”) offered on its web site located at https://www.AiNOVA.com/

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5.1 Binding Agreement.  By signing up to AiNOVA or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them.  All of the Company's decisions are final and binding.  These Terms are incorporated in, part of and subject to the Company’s Terms of Service available https://www.ainova.com/terms (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Service.)
 

5.2 Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Policy, which is available for your review at https://www.ainova.com/privacy 
 

5.3 Eligibility. The referral program is only accessible for candidates listed in the AiNOVA Talent Pool
 

6.4 How the Program Works.  When signing up, you receive a personal invite link which can be shared with friends, family members or colleagues whom you personally know (“Talent”).  Users may refer to any number of friends throughout the entirety of the Program. Once an individual signs up via the personal invite link, he/she becomes a “Referral”, while the link provider becomes a “Referrer” and will be notified  about successful placements. Thereafter, he or she receives the benefit or reward advertised, as applicable. 
 

5.5 Restrictions.  Referrers cannot invite themselves or create multiple, fictitious or fake accounts with the Company.   No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Talent, i.e. individuals whom you personally and fit the profile of the positions advertised.  If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the AiNOVA  Platform.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
 

5.6 Rewards.  By making a Valid Referral (defined below), you will receive a reward as a “Valid Referral”, your Talent must not be an existing candidate in our Talent Pool and must be a first-time participant in our recruitment process as a result of your referral. A valid referral is rewarded with one of the certification programs we offer. Once a certificate is redeemed, a voucher is issued and thereafter the original terms & conditions of the voucher supplier apply. Also, a minimum of three successful placements can be redeemed in the form of a WebSummit ticket if and only if vouchers have not been issued yet. Every referral awarded with a certification program must be redeemed within 12 months after which they are no longer valid. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.  Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash.They are not transferable and may not be returned, auctioned, traded, bartered or sold. Please refer to the Terms of Service for additional billing and payment information.
Here is an overview of the certification programs we currently offer: https://docs.google.com/spreadsheets/d/1fwkCLpMCE7Dmn_YGVamWKApPoKNN7snSRiZmA-_TZ1E/edit#gid=0
 

5.7 Liability.  You understand and agree that the indemnified parties (defined below) shall not be liable to you for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited t lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by AiNOVA, or the cost of substitute products or services) arising in connection with your use of or inability to use the AiNOVA platform or services, even if advised of the possibility of the same. By participating in the Program, you agree to indemnify, defend, and hold harmless AiNOVA and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”)  from and against any and all Liabilities incurred in connection with (i) your use or inability to use the AiNOVA Platform or perform Tasks, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the AiNOVA Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. AiNOVA reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of AiNOVA.  To the fullest extent possible by law, the indemnified parties’ maximum liability arising out of or in connection with the program, regardless of the cause of action (whether in contract, tort or breach of warranty, or otherwise) shall be €100.00.
 

5.8 Disclaimer of Warranties.  You expressly understand and agree that the program and the AiNOVA platform are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied, including, but not limited to, warranties or conditions or merchantability, fitness for a particular purpose, and non-infringement. AiNOVA makes no warranties or representations about the accuracy or completeness of the content provided through the AiNOVA platform or the content of any sites linked to the AiNOVA platform and assumes no liability or responsibility in contract, warranty or in tort for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the AiNOVA platform, (III) any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; and (IV) events beyond our reasonable control.
 

5.9 Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law.  Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.  By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action.  The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a result of such spam.
 

5.10 Right to Cancel, Modify or Terminate.  We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.
 

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6. Retention of right to change offering

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6.1. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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7. Ownership of intellectual property, copyrights, and logos

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7.1. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of AiNOVA. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and the User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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7.2. The User recognizes and agrees that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, the User confirms that she/he owns all the relevant rights or received the appropriate license to upload/transfer/send the content. Candidates agree and consent to the possibility that their information can be used, with complete anonymity, for the purposes of publicly released statistics. Personal and/or identifying information will not be released publicly.

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8. Right to suspend or cancel user account

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8.1. We may permanently or temporarily terminate or suspend the User’s access to the service without notice and liability for any reason, including if in our sole determination the User violates any provision of these Terms or any applicable law or regulations. The User may discontinue use and request to cancel her/his account and/or any services at any time.

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9. Indemnification

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9.1. The User agrees to indemnify and hold AiNOVA harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with the use of the website or any of the services offered by AiNOVA.

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10. Limitation of liability

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10.1. To the maximum extent permitted by applicable law, in no event shall AiNOVA, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

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10.2. To the maximum extent permitted by applicable law, AiNOVA assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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11. Right to change and modify Terms

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11.1. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, Users should review these pages periodically. When we change the Terms in a material manner, we will notify Users that material changes have been made to the Terms. Users’ continued use of the Website or our service after any such change constitutes acceptance of the new Terms. If Users do not agree to any of these terms or any future version of the Terms, they must not use or access (or continue to access) the website or the service.

 

12. Promotional emails and content

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12.1. By using our website and/or signing up, Users agree to these Terms and Conditions and the Privacy Policy. Upon signing up Users will have the option to opt in to receiving promotional materials and/or newsletters. If Users opt in to receiving such promotional materials, Users have the option to withdraw from receiving them at any time – please just notify us by emailing contact@ainova.com. We will still contact Users for matters relating to accounts and/or profiles, status updates for services requested or rendered, feedback, and/or the application process in the case of a Candidate.

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13. Preference of law and dispute resolution

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13.1. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of France, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and Users hereby consent to them being decided exclusively by a court of competent jurisdiction located in Strasbourg. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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14. Contact, address, and registry information

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contact@ainova.com

 

AiNOVA

6 Rue Sebitz, 67100, Strasbourg, France

R.C.S. Strasbourg 877 682 856

CAPELAN Consulting Group