Terms of Service
These Terms of Service describe the guidelines and rules that must be honored by an organization or an individual if they want to make use of DIGGIT's services.
DIGGIT AS, Org nr 919 213 914. Gaustadalléen 21, 0349 Oslo, Norway. e-mail: firstname.lastname@example.org, "DIGGIT", as operator of the website "diggit.io"
1.1 Within the framework of the Talents' own technical and operational possibilities DIGGIT allows the Talents to participate in the Service. DIGGIT provides all services in connection with the Service for Talent solely based on these Terms of Service (hereinafter referred to as "Talent Terms of Service" or "Terms of Service").
1.2 DIGGIT objects to the validity of any general terms and conditions of Talents. General terms and conditions of Talents become an integral part of the agreement between the Talent and DIGGIT, only if DIGGIT explicitly consents to them in writing.
1.3 DIGGIT can utilize the services of independent third parties for the Service ( "Third Party Service" ) such as app stores and social networks. No third party services are provided by third parties upon the instruction of DIGGIT. Third party services are not provided by DIGGIT. DIGGIT or the third party will identify these services in a suitable manner. Any issues in connection with third party services are not affected by these Terms of Service. DIGGIT shall not be responsible for third party services. Third party services are potentially subject to their providers' general terms and conditions.
1.4 Applications for mobile devices ( "Apps" or "Apps" ) are generally not directly provided by DIGGIT but by a third party provider ( "App Store" ). A separate user account may be necessary for this purpose. DIGGIT does not warrant that the Service is identical in functionality and design on all mobile devices. Certain functions and contents may not be available. Talents should see the functionality description of the App.
2. Talent Eligible To Participate
2.1 DIGGIT offers the Service only to Talent looking for Placement as defined in Section 7.2 below.
2.2 With his/her account registration or participation in the Service, Talent represents that he/she is of legal age and of legal capacity.
3. Talent Enrollment
3.1 The participation in the Service requires that the Talent enters a binding agreement with DIGGIT as defined below in Section 3.4 and the setup of a Talent account ( "Account" ).
3.2 Talent must submit an application to participate in the Service on DIGGIT’s website or otherwise.Talent must accurately complete the application (and provide DIGGIT with future updates) and not use any aliases or other means to mask its true identity or contact information.
3.3 By filling in the application, Talent submits a binding offer to enter into an agreement with DIGGIT according to the terms and conditions of these Terms of Service ( "Agreement" ).
3.4 After DIGGIT reviews Talent’s application, DIGGIT will notify him/her or it of its score/acceptance or rejection to the Service, generally within 1-100 business days of receipt of the application. DIGGIT may request additional information (see Sections 6.1 and 6.2). The Agreement enters into force upon DIGGIT’s acceptance of Talent to the Service. DIGGIT is under no obligation to accept applications.
3.5 DIGGIT is entitled but not obliged to verify the accuracy of the Talent's information. This may be done by DIGGIT requesting documents to prove the identity such as a personal ID card. DIGGIT is entitled to make the creation of an account subject to such verification.
3.6 Prior to the application Talent may have to conduct a telephone/online interview with DIGGIT. Furthermore, the Talent may be required to complete a coding challenge.
3.7 Prior to sending the online application form, the Talent can print out the Terms of Service or save them to a permanent data storage device.
4. Functioning of the Service / DIGGIT’s responsibilities
4.1 DIGGIT provides the Service to connect Talent and Companies. The Service works as follows: Talent sign-up to the Service and make their curriculum vitae and other information as specified in the Terms of Service or the Talent Terms of Service available. Companies also sign-up and provide a profile. This profile is only visible to Talents that the Companies are interested in as defined below. Companies can browse the Talent profiles in a list and detailed view and decide to apply to the respective Talent by sending an interview requests. These interview requests come with a first, non-binding offer proposal of what compensation package the company has in mind. Talent can review the interview requests and are now able to browse the profiles of Companies that have sent the requests. The Talent can accept or reject the interview request. If rejected, the Company may (upon choice of the Talent) re-contact the Talent with a revised proposal. If accepted, DIGGIT connects Talent and Company.
4.2 Once a Talent has been viewed by a Company in the list view it is considered to be introduced by DIGGIT ( "Introduction" ). If Talent and Company had been introduced in the past twelve months before the Introduction directly or by a third party and Company does not inform DIGGIT about this within five business days in writing and substantive materials showing the introduction, the Talent is considered to have been introduced by DIGGIT. Email or the Service are sufficient media in this matter. A Talent is considered to be already introduced directly or by a third party when there is a written communication concerning the Talent, with a clear identification of the Talent and the Company and with a clear identification of the opportunity to hire the Talent.
4.3 An Introduction on the Service lasts twelve months.
4.4 DIGGIT may from time to time, but is under no obligation to, suggest a specific Talent to a Company or vice versa. The Talent is then also seen as introduced. This can be done via email, messaging service or phone.
4.5 DIGGIT undertakes reasonable efforts to match Talent and Companies, however, DIGGIT does under no circumstances represent, assume a warranty or guarantee or undertake in any other way that Talent or Company will find a match through DIGGIT and/or the Service.
5. Retaining and deleting personal data
5.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) Personal Data required to take part in the education and the job market will be retained such as Email, challenge scores, aptitude, attitude, ability will be retained indefinitely as we will use it for public & scientific interest in order to create a new educational system as well as to improve DIGGIT.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6. Obligations of Talent
6.1 Talent shall submit the information about him/or herself as requested in the compulsory and voluntary fields of the sign-up form.
6.2 DIGGIT may add compulsory or voluntary fields from time to time. The Talent shall not transmit any personal data of third parties (i.e. data allowing identification of an individual) to DIGGIT, unless data protection laws allow for such transmission or Talent has obtained consent from the concerned parties. DIGGIT may also request additional information from Talent on a case by case basis.
6.3 Unless otherwise provided in these Terms of Service, DIGGIT will usually communicate with the Talent via email. The Talent shall make sure that it receives all emails sent by DIGGIT to the address submitted in the course of the application, or at a later date. The Talent will in particular configure the spam filter accordingly and regularly check all incoming email under this address. DIGGIT may choose any other appropriate means of communication.
6.4 The Talent shall inform DIGGIT in writing within 5 business days if a Company gets in contact with the Talent outside of the provided Service while its profile is visible to Companies on the platform.
6.5 The Talent shall keep all access data (login, passwords etc.) for the Service ( "Access Data" ) strictly confidential. The Talent shall promptly inform DIGGIT in case it learns or suspects that an unauthorized third person is in possession of the Access Data.
6.6 In case DIGGIT has reason to believe that an unauthorized third party is in possession of Access Data, DIGGIT may, without assuming any responsibility to do so, and always acting in its sole discretion, change the Access Data without prior notice or block the respective account. DIGGIT will promptly inform the Talent and will, upon request, communicate the new Access Data to the Talent without undue delay. The Talent cannot claim to have its initial Access Data restored.
6.7 In case a third party uses of Access Data, with the Talent at fault, the Talent’s Access Data, the Talent is liable for all such actions, and for damages. In such event, all access through the Talent’s Access Data shall be considered as an access by the Talent.
6.8 DIGGIT is not responsible for providing or assisting with the obtaining of any work or other permits and/or medicals and other country specific regulations and requirements that may be necessary to employ the Talent.
7. Placement / Payment
7.1 The use of DIGGIT is currently free of costs for Talents.
7.2 Talent undertakes to inform DIGGIT in writing (through the service or via email is sufficient) as soon as possible, but no later than five business days, if he/she was hired or otherwise contracted by Company ( "Placement" ). DIGGIT may contact Talent to request status updates about ongoing negotiations.
7.3 Placement shall mean any form of employment, temporary employment, contracting or other use of Talent by Company or an undertaking affiliated with Company.
7.4 Talent agrees that Companies are allowed to share all contract details with DIGGIT.
7.5 Talent has to inform DIGGIT in writing within five business days about any rehiring or similar by Company for a period of twelve months after termination.
8. Quality of the Service / Technical Deficiencies
8.1 It is in the nature of the Service that it is continuously advanced and updated. By changing and advancing the Service, DIGGIT intends to provide Talents a useful Service and pleasant Talent experience. Therefore, DIGGIT grants the Talent access to the Service in its available form or version. Changes and advancements can affect system requirements and compatibility requirements. The Talent has no claim for maintaining or reconstruction of a specific condition of scope of services. Any of the Talent's claims for deficiency, which refer to the technical usability of the Service itself, shall remain unaffected thereby. Due to the continuous advancement of the Service, DIGGIT reserves itself the right to offer new features and/or to remove them from the Service or to change them. The Talent consents these continuous changes of the Service.
8.2 Excluded from warranty are generally such errors, which occur through external influences such as operating errors by the Talent, force majeure or any modifications, not carried out by DIGGIT or any other manipulations.
8.3 DIGGIT does not assume any guarantees in a legal meaning as long as not expressly provided for in these Terms of Service.
9. Intellectual Property / Indemnification
9.1 DIGGIT or its respective licensor is the exclusive owner or exclusive owner of the rights of all contents of the Service. The content is protected by national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of DIGGIT are prosecuted under both civil and criminal law.
9.2 All rights not expressly granted in these Terms of Service are reserved by DIGGIT. DIGGIT will retain all rights, title, and interests in and to the Service (except for any licensed content and third-party content included therein), including all data (such as any usage data and compilations thereof), information and software related thereto. The Talent acknowledges that the software, information, content and data related to the Service (such as any usage data or compilations thereof) are protected for DIGGIT under copyright and similar rights and may contain trade secrets or other intellectual or industrial property owned or licensed by DIGGIT.
9.3 Talent warrants, that he has the right (i) to submit the information to the Service and (ii) can grant DIGGIT the right to use the information as described above.
9.4 Talent hereby agrees to indemnify, defend and hold harmless DIGGIT and its subsidiaries, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of the Agreement and the Terms of Service, including any representation, warranty, covenant, restriction or obligation made by Talent herein, (ii) any misuse by Talent.
10.1 Except as otherwise provided in these Terms of Service or with the consent of DIGGIT, the Talent agrees that all information, including, without limitation, business information, information from the company profile e.g. salary information and information about tech stack concerning DIGGIT or any of DIGGIT’s other customers provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by Talent for any purpose other than Talent’s participation in the Service ( "Confidential Information" ).
10.2 Talent shall especially not use any information obtained from the Service to develop, enhance or operate a service that competes with the Service, or assist another party to do the same.
10.3 After and during the term of the Agreement, neither party will use for any purpose or disclose to any third party, any Confidential Information of the other party. Any exception to this must be obtained in advance.
10.4 The foregoing restriction does not apply to information that has been developed independently by the receiving party without access to the other party’s Confidential Information or has been rightfully received from a third party authorized to make such disclosure or has been approved for release in writing by the disclosing party or has become publicly known through no breach of this Section by the receiving party or is required to be disclosed by a competent legal or governmental authority, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to disclosure and assists in obtaining an order to protect the information from public disclosure.
11.1 The Agreement shall commence on the date of DIGGIT’s approval of Talents application and shall continue thereafter until terminated as provided herein.
11.2 Each party has the right to terminate the agreement by giving an advance notice of five business days unless otherwise agreed in writing.
11.3 Sections 7 and 11 shall survive any termination of the Agreement. Section 11 for five years.
11.4 The parties remain free to terminate the Agreement for cause at any time.
11.5 Every termination must be in written form, whereby the written form is maintained by email. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.
12. Usage of Talent's Data
12.3 The Talent understands that DIGGIT may contact him/her Talent via phone, email or messaging service and suggest Companies which fit the Talent’s profile.
13. Changes to Terms of Service
13.1 Each login to the Service is subject to these Terms of Service.
13.2 DIGGIT may make changes to these Terms of Service (including amendments) at any given time, for the future, if this should prove necessary (in particular to reflect changes in the Service or changes in the legal framework applicable to it, such as new legislation or case-law) and provided the Talent is not disadvantaged contrary to good faith.
13.3 The Talent will be notified of changes to the Terms of Service in appropriate form. DIGGIT will notify the Talent on the Service, or via email. Changes to the Terms of Service will always be highlighted upon first login after the changes or amendments have been made.
13.4 The Talent may dispute changes to the Agreement within a time period of six weeks following receipt of the notification of the changes and the possibility of taking notice thereof. It is recommended that the Talent submits its opposition in writing (for example via email).The changes to the Terms of Service become binding in the event that the Talent (i) does not dispute the changes within the above-mentioned time period or (ii) continues to use the Service after the above mentioned period.
13.5 DIGGIT will inform the Talent about the possibility of disputing the changes and the legal consequences, especially the legal consequences of a lack of opposition, when notifying the Talent about the changes to the Terms of Service.
13.6 If the Talent disputes the changes in time, each party may terminate the Agreement with one month’s prior notice unless termination is possible at any time according to Section 12. Until termination, the Agreement in their former version will govern the Talent’s relationship with DIGGIT. The Talent does not have any other claims against DIGGIT.
14. Governing Law / Jurisdiction
14.1 This Agreement shall be governed by and construed in accordance with the laws of Norway. If Talent is an EU resident, he shall not be deprived of the protection offered by the binding consumer protection law of his county of residence Talent In the event, the Talent takes legal action, suit must be filed before a Norwegian court.
15. General Provisions
15.1 The Agreement contains the entire agreement between DIGGIT and Talent with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Terms and conditions of the Talent do not become part of the Agreement, unless DIGGIT has accepted them in writing.
15.2 All or any of DIGGIT’s rights and obligations under the Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of DIGGIT’s assets. The Talent must not assign or transfer the Agreement or any or all of its rights thereunder without the prior written consent of DIGGIT. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
15.3 Except as set forth in the Section 14 above, the Agreement may not be modified without the prior written consent of both parties. Any changes, amendments or the abrogation of the Agreement (partly or entirely) require written form (letter, fax or email); the requirement of written form can only be waived in written form.Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties.
15.4 DIGGIT’s failure to act with respect to a breach by the Talent does not waive DIGGIT's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by DIGGIT under these Terms of Service shall be deemed effective unless delivered in writing and signed by a duly appointed representative of DIGGIT.
15.5 Section headings used in these Terms of Service are for convenience only and shall not affect the interpretation of the Agreement.
15.6 The English version of these Terms of Service is decisive.
15.7 By submitting an application to join the Service, Talent affirms and acknowledges that Talent has read these Terms of Service in their entirety and agrees to be bound by all of its terms and conditions. If Talent does not wish to be bound by these Terms of Service, Talent should not submit an application to join the Service.