These Terms constitute a legally binding agreement ("Agreement") between you and the Company (as defined below), governing your access to and use of the Platform, including any subdomains thereof, as well as our mobile, tablet and other smart device applications, and application program interfaces (collectively referred to as "Application"). The Site and Application together are hereinafter collectively referred to as the “PitchandMatch.biz Platform” or simply the “Platform”. If you do not agree to the Terms, please do not use the PitchandMatch.biz Platform. If you have any questions on the Terms or to report any bug, please contact Us at the following address: firstname.lastname@example.org.
All words starting with a capital letter shall in these Terms and Conditions shall have the meaning given hereunder, regardless of whether they appear in their singular or plural form:
By “Affiliates”, we refer to any entity controlled by or controlling the Company;
By “Candidate”, we refer to any private person (employee or freelancer) who is represented by a Provider on the Platform in order to offer its services to Clients;
By “Clients”, we refer to legal commercial entities or private persons (in this included their employees, representatives or agents) that register on the Platform in order to procure software development services from Providers through Calls for Proposal;
By “Company” (referred to as either, “We”, “Us” or “Our” in this Agreement), we refer to Proxiwave SRL, a limited liability company incorporated under the Laws of Romania, having its registered address at Strada Roma 42A, Bucharest, ROMANIA;
By “Partnership Agreement” we refer to the agreement to be signed between a Provider and PitchandMatch in case of acceptance of a Registered Lead;
By “Platform”, we refer to the Website and the Application;
By “Providers”, we mean legal entities (in this included their employees, representatives or agents) who register on the Platform in order to offer their services to Clients by presenting Candidates having relevant education and professional experience in order to successfully carry out Clients’ projects;
By “Service”, we refer to the operation and the provision of the Platform (either through the Website or the Application) by the Company, which scope is to put in contact Providers and Clients to help said Clients find suitable Candidates for their needs;
By “Subscription” we refer to the possibility for Providers to acquire tokens as explained in Appendix 1 (displayed the end of the present Terms);
By “User”, hereinafter, we refer to every person, as an individual or as a legal person, that accesses and browses the Website or the Application, whether a Client’s representative or employee, a Provider’s representative or employee, or a Candidate, also referred to as “You”;
The Platform is an online platform (“Website”)/mobile application (“Application”) that enables Clients to procure software development services from Providers having the relevant expertise. The access to, and use of, is free of charge for all users, except for Providers who pay for tokens and/or sign a Partnership Agreement.
The Platform serves to introduce, through a simplified process, Clients who are sourcing and procuring software development to verified (through additional steps performed by Proxiwave SRL and its partners) Providers, by allowing Providers to upload and share their Candidates’ profiles.
The purpose of Clients using the Platform includes, but is not limited to: discovery, comparison and engagement with Providers through an introduction made over email, or other communication channels if applicable, by the Platform’s representatives.
The purpose of Providers using the Platform includes, but is not limited to: showcase organizational insights and their Candidates’ talent and availability to Clients through and to be introduced to the latter over email, or other communication channels if applicable, by the Platform’s representatives.
The service provided by PitchandMatch can also include customer relation management. In no case will PitchandMatch provide services such as invoicing or handling payments for a Party.
ACCESS TO, AND USE OF, THE PLATFORM
Access to the Platform is initially free of charge for all Users. Only Providers may have to pay a fee in the frame of a Partnership Agreement or for a Subscription.
No User will pay, receive or partake in any payment or revenue share for any financial compensation or monetary measure, directly or indirectly, for the submission of a Smart Brief Form as part of the PitchandMatch.biz Platform. Nonetheless, Users are encouraged to provide feedback, star rating and/or testimonials during the use of the PitchandMatch.biz Platform through PitchandMatch.biz, but are not obligated to. Feedback, ratings and/or testimonials reflect the opinions of individual Users and do not reflect Our opinion.
In order to be able to use the Platform, Clients and Po
All Providers and Clients registering on the Platform must go through a verification process to mitigate the procurement risk, but the information is neither scientific nor 100% accurate, and therefore We do not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any kind of information exchanged during the use of the Platform (including without limitation the content contained therein), even if Provider complies with the Platform Terms and guidelines. Users agree that they bear all risks associated with using or relying on the Platform. Hence, PitchandMatch.biz does not guarantee a successful engagement with any Provider or Client through the use of the Platform.
Users acknowledge that We have no general obligation to monitor Providers’ or Clients’ content nor to actively seek facts or circumstances indicating illegal activity, but We have the right to review, disable access to, or edit any Provider’s or Client’s content, in order to (i) operate, secure and improve the security of the Platform (including without limitation for fraud prevention, risk assessment, investigation and User support purposes); (ii) ensure Provider’s or Client’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Provider’s or Client’s content that We determine is harmful or objectionable; or (v) as otherwise set forth in these Terms. Providers and Clients agree to cooperate with and assist Us in good faith, and to provide Us with such information and take such actions as may be reasonably requested by Us with respect to any investigation undertaken by Us or one of Our representatives regarding the use or abuse of the Platform.
Pictures, animations or videos (collectively referred to as "Images") used and displayed by each Provider or Client on the Platform must accurately reflect the quality and condition of said Provider or Client.
The display and ranking of each Provider, Candidate or Client in search results on the Platform may vary and depend on a variety of factors, such as a User’s search parameters and preferences, requirements, price and availability, reviews and ratings, among others.
PitchandMatch.biz allows Clients to share their projects/missions requirements through a Smart Brief form.
By submitting a Call for Proposal, Clients commit to treat reactively Proposals received and are asked to provide ratings for the Candidates seen in interview in order for Us to improve our service.
No exclusivity obligation, in any case we reserve the right to pre-select projects/needs that will be advertised on the Platform.
Interdiction to use Personal Date received for another purpose than the Services and process Candidate’s personal information with the utmost confidentiality. Interdiction to forward or somehow make available Personal Data to any third party or unauthorized staff. In a general manner, always comply with GDPR rules.
Please note that PitchandMatch reserves the right to not post, at its own discretion, a Call for Proposal, or to remove one for any reason (e.g. lack of reactivity of the Client on the treatment of Proposals received).
Users creating an account on behalf of a Client warranty that they are said Client’s representative, agent or employee, and that they have the authority to do so and engage their company.
The credentials of Your account on the Platform are strictly personal and confidential. You should not communicate your credentials to any third party. If some prohibited content is posted or any damageable action is performed under the account of a User, the User will be deemed liable of the damage caused.
Should You suspect any unauthorized use of your credentials by a third party, please inform Us directly at: email@example.com .
PitchandMatch cannot guarantee the availability of any Candidate, this is the responsibility of Providers.
Terms specific for Providers:
As part of the participation in the Platform and in acting as a Provider on the Platform, Provider hereby agrees and consents to the Terms and any other guidelines requests and rules set by Us from time to time, in Our reasonable discretion, in connection with Provider’s ongoing participation in the Platform. In all its activities relating to the Provider’s participation within the Platform, the Provider shall cooperate with Us and act in good faith.
Providers shall compensate PitchandMatch.biz in accordance with (i) the Partnership Agreement signed with the Company and/or (ii) the Subscription plan chosen. A subscription or the execution of a Partnership Agreement by a Provider does not guarantee the choice of a Client in favor of said Provider.
As sponsor of your Candidates and primary data controller of their personal data, You warranty that prior to entering the personal data of a Candidate on the Platform you have duly obtained their consent as employer, contractor or prospective employer or contractor, and that you have obtained said personal information in a manner fully compliant with applicable regulations. As we only allow you to store the personal information of Candidates and to position Candidate Profiles, it is your responsibility to obtain priori consent of the Candidate to process their personal information and to ensure the integrity of the information treatment within your company. You commit to indicate the primary email address of the Candidate as it will be its sole identifier for Us.
In the frame of the Service, We cannot ask the criminal record of a Candidate.
It is strictly forbidden to upload anyhow any personal information relating to the ethnicity, political opinions, religious or philosophical convictions, belonging to a trade union, sexual orientation of a Candidate as well as any information relating to their genetical and biometrical data, as well as their health.
Providers also commit not to use the Platform as a Client in order to solicit, or attempt to solicit, Candidates represented by other Providers.
Users creating an account on behalf of a Provider warranty that they are said Provider’s representative, agent or employee, and that they have the authority to do so and engage their company. Moreover, they commit to provide all required information to PitchandMatch.
The Credentials of your account on the Platform are strictly personal and confidential. You should not communicate your credentials to any third party. If some prohibited content is posted or any damageable action is performed under the account of a User, the User will be deemed liable of the damage caused.
Should You suspect any unauthorized use of your credentials by a third party, please inform Us directly at: firstname.lastname@example.org.
Terms specific for Candidates
Each Candidate is responsible to ensure their information is up-to-date on their Candidate profile. You are advised to fill-in as accurately as possible fields regarding your availability for missions and for technical interviews in order to ease the process.
You are advised to check regularly your emails (including your spams) on order to validate XXX.
You are invited to report to email@example.com any doubt regarding a misuse of your personal information or of someone impersonating you.
Candidates can only be represented by one Provider and only one Candidate Profile can exist for a single private person. If at some point you wish to be represented by another Provider, you shall declare so in your Candidate Profile (e.g. in case of change of employer).
OBLIGATIONS AND WARRANTIES
By using the Platform, and especially posting comments or content, Users commit themselves to respect all applicable legal provisions applicable and shall refrain themselves from infringing any of the Company’s rights nor any third party’s rights.
In particular, Users may not access and/or use the Platform for any of the following purposes, the following list not being comprehensive:
• To use the Website content for commercial or professional purpose without the prior authorization of the Company;
• To crawl or scrape data, especially through the use of a robot;
• To interfere with any other person's use or enjoyment of the Website;
• To infringe any intellectual property right (copyright, trademarks, patents, etc.) of a third party, particularly by making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner and/or of the Company;
• To create deep links towards the Website’s content within the frame of another website;
• To disseminate any material encouraging acts that constitute a criminal offence, a felony, that could result in criminal or civil liability, or otherwise constitute a breaching of any law or regulation;
• To disseminate any material encouraging the performance of acts constitutive of assaults, sexual assaults, robbery, extorsion, destruction or deliberate damage dangerous for people, terrorism, criminal offenses and felonies against the nation’s fundamental interests;
• To disseminate any material consisting in public condoning of war crimes, of crimes against humanity, of crimes of collaboration with the enemy, of crimes of enslavement, call for sedition, or constitutive of revisionism or negationism;
• Making to incite to discrimination, hatred or violence against one person or a group of people in reason of their religious beliefs, their gender or sexual orientation, their ethnical background or their situation of handicap;
• To disseminate any libelous, harassing, threatful, harmful, vulgar, obscene material or any material constitutive of fake news likely to affect the public order;
• To disseminate any material infringing the right to privacy or image rights of a third person or infringing the provisions relative to the presumption of innocence;
• To disseminate any pedophilic or pornographic material or material representing sexual exploitation or contrary to morality.
Users will be liable criminally, civilly and administratively for all content and material disseminated by them and will cover all our losses and costs resulting from the breach of this clause.
In addition, each User agrees that We may collect and use engagement data and related information, including without limitation, technical information relating to the use of the Platform, that is gathered periodically to facilitate the provision of the Platform updates, product support, marketing efforts and other services to Users related to the Platform. We may use this information to improve its products or to provide Platform or technology to Users.
All involved Users guarantee that all information of a confidential nature received from the other Party before, during and after the conclusion of the Agreement shall remain confidential. Information shall, in any event, be considered confidential if related to contact information, pricing or if designated as confidential by either of the Users they are in contact with.
We may terminate or suspend any User’s access immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if said User breaches the present Terms.
By submitting information through the Platform You agree and acknowledge that while We may contact You in response to the information You provide, We are not obliged to provide You with any particular product or service while they remain free of charge. None of the elements of information contained on the Website shall be considered contractually binding on the Company.
While We use reasonable care in compiling and presenting the content found on the Platform, it is provided purely for information and You should seek further guidance and make independent enquiries before relying upon it. If the Company is informed of any inaccuracies in the material on the Platform we will attempt to correct the inaccuracies as soon as we reasonably can.
If We are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer to the extent that they are a foreseeable consequence to both of us. Our liability shall not, in any case, include business losses such as lost data, lost profits or business interruption. The Company cannot be held liable for any decision taken, or not, on the basis of any information published on the Platform or because of the impossibility to access the Platform.
The Company’s Platform shall be accessible on a 24/7 basis. However, the Company shall not be held liable in case of a technical impossibility to connect or interruption, whatever the reason and whatever the cause is attributable to the Company or not (e.g. force majeure, maintenance, update, user’s system failure, etc.).
We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Additionally, no representation or warranties is made that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Eventually, the Company can decide, at any moment and without any prior notice, to suspend or modify any page, part or section of the Platform, or the services offered. Such decision from the Company cannot lead to any action, complaint or claim by the User. Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
NEITHER THE COMPANY (PROXIWAVE SRL) NOR ANY OFFICER, EMPLOYEE, DIRECTOR OR ANY OTHER REPRESENTATIVE OF THE COMPANY SHALL BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS AND THE USE OF THE PLATFORM, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED ON THE POSSIBILITY OF, OR COULD HAVE FORESEEN, SUCH DAMAGES. BY ENTERING THIS AGREEMENT EACH PARTY RECOGNIZES THE LIMITATIONS HEREIN ON THE COMPANY’S LIABILITY AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND THE COMPANY HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE EACH PARTY THE RIGHTS TO ACCESS AND USE THE PLATFORM PROVIDED FOR IN THESE TERMS.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to a party. IN THESE JURISDICTIONS, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The information on the Platform is regularly updated. All information displayed on the Platform can be modified or deleted by Us at any time and without any prior notice.
The domain name “https://www.pitchanadmatch.biz” and all the creative content available on the Platform (designs, pictures, logos, media, texts, articles, videos, audios, translations, icons, graphs, and all information in general, …) are the sole and exclusive property of the Company, unless otherwise indicated, and are subject to copyright (or other IP rights protection). All software used for the Platform is the property of the Company, or their creator, and are therefore protected by copyright laws.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided.
The present Terms, as well as the public availability of our Platform, only constitute a limited authorization for the User to access the Platform. You may retrieve and display the content of the Platform on a computer screen or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
The present Terms do not provide you with any implied or express license or any other right and you will have no right to make any reproduction, copy, distribution, modification, in part or in whole, identically or similarly, or any commercial use, of our Platform without our prior written consent. It is also strictly forbidden to create any by-product based on any element contained on the Platform.
The Company will take all necessary measures to protect its own intellectual property rights but will respond as well to notices of others’ intellectual property rights infringement. As a consequence, whenever you believe that your, or third parties’, intellectual property rights are being infringed on the Website, you can notify by email to email@example.com.
Other companies’ names, logos, trademarks or work protected by copyright might be visible on the present website. Their use without the consent of their respective owner is prohibited as well.
The Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
COOKIES AND PERSONAL DATA
We inform you that cookies may install themselves automatically on your browser when you access or visit the Website. Through the settings of your browser you can refuse the installation of cookies.
If you breach these Terms and We choose to ignore this, We will still be entitled to use Our rights and remedies at a later date or in any other situation where you breach the Terms.
The Company shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
SEVERABILITY AND WAIVER
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
These terms and conditions will be subject to the laws of Romania. Should any claim or disputes arise in relation to the present Terms, they shall be submitted for resolution to the exclusive jurisdiction of the courts of Bucharest.
If You have any concern about the Website, You agree to first try to contact firstname.lastname@example.org in order to find an amicable solution.