Terms of Service

Last updated: April 21, 2020

These Terms of Service govern your relationship with https://www.nexten.io website (the “Service”) operated by nexten.io 153-155, rue du Kiem, Bâtiment Pagosa, L-8030 Strassen (“us”, “we”, or “our”).

Please read these Terms of Service carefully before using the Service.

The Service aims to connect candidates who seek new professional opportunities with companies that seek to strengthen their internal teams. The Service is reserved for employers looking to fill open positions. The users hiring on behalf of an employer need to have a technical background as for example a CTO, tech lead, technical architects, developers. The Service is not accessible to companies seeking candidates (employees or freelancers) for third parties.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

nexten.io is permitted to suspend or remove access for users who do not comply with these conditions.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1 Availability, Errors and Inaccuracies


We are constantly updating our Service. The latter may contain errors, be misdescribed, or be unavailable. We do not guarantee the accuracy or integrity of any information, including prices, product images, specifications, and services. We reserve the right to change or update the information and to correct any errors, inaccuracies, or omissions at any time without prior notice.

2 Content


Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3 Accounts


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Once you have completed and submitted your profile, we reserve the right, at our sole discretion, to accept or refuse your application for registration. Before accepting or refusing the account the company will have a phone/video call with the customer sales representative for the presentation of our services. It is possible that we will ask you to provide documents to verify the conformity of the information provided.
No account will be accepted without signing the Terms of Service.

Access to the Service is via a password that you choose while creating the account.

You agree not to disclose the password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4 Description of Services

4.1 For the candidate


The service is designed to allow you to discover new professional opportunities in a targeted and effective way.

After our acceptance of your profile, it will be published and be available for the researches of the employers. The employer will not have access to any personal information allowing them to identify you. The employer will not have access to your personal details including first name, last name, names of companies you worked for, names of places where you studied and will not have access to contact information such as email address, phone number, GitHub or Linkedin account until you accept the connection request from the company. All the other information you have provided will be at their disposal. If your profile catches the attention of an employer, he or she can contact you through the chat of the Service that links the employer, yourself and one of our coaches.

At the moment of an establishment of contact via the Service's chat, a Connection is made.

The Service allows you to hide your profile from some employers. We do not take any responsibility for presenting your profile to employers with whom you wish to remain anonymous.

4.2 For the employer


The purpose of the service is to facilitate the recruitment process by allowing you to quickly discover profiles of qualified candidates that correspond to your research and your organization. You may also find candidates looking for a freelance contract.

When the employer agrees to work with nexten.io, the access to the platform will be set up and the company will be independent in their activity, the nexten.io team will, of course, support the company if needed. This way they can use the service in the most efficient way possible.

For employers, the access to the service is free. Employers will only pay a success fee. The fee will be due when the employer signs a contract of employment with a candidate identified through our services on the website nexten.io or through the services of a talent coach and this during the 12 months following a connection.

After completing your profile, you will have the opportunity to do researches and examine profiles of candidates.

A Connection with a Candidate is made once the message sent to the candidate has been accepted. In case the Employer contacts a Candidate through any Medium (the Service’s chat, LinkedIn, Email, Github, Phone, … ) and signs a contract with a Candidate with whom he made such a Connection, the Employer agrees to notify us within 5 days if he or she enters into a contract of employment or a freelance contract with an employer identified through the Service and this during the 12 months following a connection.

The employer undertakes to communicate with the candidate only through the Service, until acceptance of a proposal for an interview by the candidate.

5 Service Fees


All amounts indicated in these terms are tax-free.

5.1 For the candidate


The Service is free for the candidate.

The candidate is required to notify us within 5 days if he or she enters into a contract of employment or a freelance contract with an employer identified through the Service and this during the 12 months following a connection as defined in article 4.

5.2 For the employer


For employers, access to the service is free for all users. Employers will only pay a success fee upon the hiring of a candidate and/or freelance as mentioned in chapter 5.2.4. On case by case, a subscription plan can be provided as a customized service offer.

nexten.io invoices will be issued when the candidate signs the employment contract with the company. The invoices are payable on receipt. In the absence of payment within twenty (20) days, the sums owing shall, as of right and without prior formal notice, produce a monthly interest equal to the legal rate plus five (5) points. Any sums not paid at maturity also entail the payment of a flat-rate indemnity of EUR 400 for collection costs.

The employer agrees to inform us within 5 days of each signature of a contract of employment or freelance contract with a candidate identified by the service and this during the 12 months following a connection as defined in article 4.

5.2.1 Pay by hire (for Permanent hires and Freelancers)

For employers, nexten.io offers a “Pay by Hire” formula based on a success fee. The employer will only pay a fee if he hires effectively a candidate on nexten.io.

5.2.1.1 Permanent Hires : Success Fee

This access to our platform gives complete access to all candidates and all locations. The success fee will be due when the employer signs a contract of employment with a candidate identified through the service and this during the 12 months following a connection as defined in article 4.

The success fee will be structructed in the following way per signed employment contract.

    In case of hiring:
  • The employer will pay a success fee to Nexten.
  • The success fee will be equivalent to 17% of the yearly gross fixed salary of the candidate.
  • The success fee will be due at the signature of contract of employment with the candidate.
  • The employer commits to only contact candidates through the platform nexten.io or via a Nexten’s talent coach for any communications.

    Please note:
  • Success fee will be due to Nexten for any employer hiring a candidate identified or/and presented through our services; including any candidate visible on the platform nexten.io or submitted directly to the employer by a Nexten’s talent coach for a duration of 12 months following the first connection.
  • In case of hiring a candidate identified or/and presented through Nexten, the employer commits to inform Nexten within maximum 5 working days after the signature of the contract of employment.
  • The success fee’s invoice will be paid within 20 working days maximum after the signature of the contract of employment. Any sums not paid at maturity also entails the payment of a flat-rate indemnity of EUR 400 for collection costs.

5.2.1.2 Guarantee period for permanent hires

If during the first three months of the contract, the candidate's skills are not satisfactory, or if the candidate leaves the company of his own will, nexten.io will reimburse the employer as follows:
  • 100% of the paid Fee if the candidate does not start the job even though he accepted the job terms and signed the employment contract; or
  • 50% of the paid Fee if the termination occurs within the first month after beginning of the contract; or
  • 20% of the paid Fee if the termination occurs within no less than 4 weeks and not more than 8 weeks after beginning of the contract; or
  • 10% of the paid Fee if the termination occurs within no less than 8 weeks and not more than 12 weeks after beginning of the contract; or
  • no refund where the termination occurs after three months after beginning of the contract.
Please note: Any sums not paid at maturity also entails the payment of a flat-rate indemnity of EUR 400 for collection costs.
5.2.1.3 Freelance Contracts: Commission

If the employer signs a freelance contract with a candidate identified through the service during the 12 months following a connection as defined in article 4 of our, the monthly service fee will constitute a percentage of 15% on the daily rate of the candidate and the number of days worked and billed by the candidate. If a commitment between a candidate and an employer is governed by several successive contracts, the Service fee will apply to all these contracts.

The employer agrees to provide us with a copy of the candidate's invoices within 5 working days and the payment of the invoice within 20 working days.

6 Intellectual Property


The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of nexten.io and its licensors. The Service is protected by copyright, trademark, and other laws of both the Luxembourg and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of nexten.io.

7 Links to Other Web Sites


Our Service may contain links to third-party web sites or services that are not owned or controlled by nexten.io.

nexten.io 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 nexten.io 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 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.

8 Termination


We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you should notify us in a written way in order to cancel the access.

9 Limitation Of Liability


In no event shall nexten.io, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10 Disclaimer


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

nexten.io its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

11 Governing Law


These Terms shall be governed and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

12 Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13 Contact Us


If you have any questions about these Terms, please contact us.

Nexten.io 153-155, rue du Kiem Bâtiment Pagosa, Entrée B L-8030 Strassen Luxembourg Phone: +352 20 600 444 Email: info@nexten.io