Terms & conditions

Last update: October 1, 2024

GENERAL TERMS AND CONDITIONS

For organizational users

Who are the parties to the contract?

  1. GENERAL INFORMATION

These General Terms and Conditions (hereinafter: “GTC”), together with the Privacy Policy, contain the general terms and conditions of the contract concluded between the Service Provider and the organization registered on the platform (hereinafter: “Registered Organization” or “Client”) for the use of the services available on the Mndwrk platform (hereinafter: “Platform”) (hereinafter: “Service”).

Name of the Service Provider: Mndwrk Technologies Kft.

Represented by: Attila Kiss, managing director with sole signatory powers

Registered seat of the Service Provider: 1119 Budapest, Andor utca 21/C.

Company registration number of the Service Provider: 01 09 293537

E-mail address of the Service Provider: hello@mndwrk.com

2. ACCEPTANCE OF THE SERVICE, CONCLUSION OF THE CONTACT

  1. In relation to the Service provided by the Service Provider under these GTC, any legal entity, registered in any country, may be a Registered Organization.
  2. By registering on the platform and accepting these GTC, the Registered Organization declares that it has read and understood the provisions of these GTC prior to entering into the contract, and thus expressly accepts its provisions and considers them to be binding on itself.
  3. Due to the nature of the Internet, if any activity related to the use of this Service is not permitted under the law applicable in the jurisdiction of the Registered Organization, the Registered Organization may not use this Service and the Registered Organization shall be solely and entirely liable for any and all damages, including any damages that may be incurred by the Service Provider, arising from such use.
  4. The Parties reserve the right to specify additional terms and conditions for certain specific services (e.g. events) on a duly signed individual order form.

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What definitions are relevant to know?

3. DEFINITIONS USED

“Processor”

As the owner of the rights to use the platform, Mndwrk Technologies Kft. as detailed above.

“Controller”

As the owner of the rights to use the platform, Mndwrk Technologies Kft. as detailed above.

“Administrator”

User with administrator status related to the Registered Organization.

“General Data Protection Regulation”

Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC.

“User”

Any natural person of legal age and capacity, of Hungarian or foreign nationality, who wishes to use the Service Provider's services, may be a User.

“External Service Provider”

External services that are technically related to the platform and that support the User's activities or serve the operation and further development of the platform.

“Denomination”

The step in the mediation process during which, at the request of a Registered Organization, the name of a specific employee offered by the Service Provider through the platform or other communication channel becomes known to the Registered Organization.

“Personal data”

Data and information as defined in Section 3(2) of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (hereinafter: Freedom of Information Act); and information as defined in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation) (hereinafter: “GDPR”).

“Talent pool”

The set of users linked to the Registered Organization, uploaded either by the Organization itself or by the Service Provider.

What service is the contract for?

4. GENERAL DEFINITION OF THE SERVICE

  1. The Service Provider provides a service package through the platform under the mndwrk.com domain, which supports the Registered Organization in finding the relevant workforce and managing the professionals working with it in a uniform manner.
  2. The data recorded by Users may also be accessed by Registered Organizations, provided that the User consents thereto. Registered Organizations may use the data recorded by or about users for the purposes of recruiting and organizing cooperation.

5. REGISTRATION

  1. The use of the Service by the Registered Organization is subject to registration initiated by an already registered User and accepted by the Service Provider.
  2. By registering the Organization, the initiating User declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the website (www.mndwrk.com/legal/privacy-policy) (hereinafter: “Policy”) and consents to the processing of data as described therein. If the User fails to provide the data requested by the Service Provider, the registration may not be validly completed.
  3. In the case of Pro, Titan and Enterprise subscription plans, after registration, the Service Provider will contact the designated contact person using the contact details provided and, after the consultation, will send the draft Service Contract. After consultation between the Parties, the Service Contract will be signed. The registration will be activated when the Service Contract enters into force. For other subscription plans, registration is automatically activated.

6. APPOINTMENT OF ADMINISTRATORS, INVITING EMPLOYEES, PARTNERS, INACTIVE USERS

  1. After the activation of the registration of the organization by the Service Provider, the User who has initiated the registration of the organization becomes the first user of the Registered Organization with administrator rights.
  2. The user with administrator rights (hereinafter: “Administrator”) may initiate access to the account of the Registered Organization through the platform to the employees or partners of the organization.
  3. The Administrator may request additional administrators from among the users who are linked to the Registered Organization’s account.
  4. Administrators can revoke the administrator rights of an employee with administrator rights through the platform, or terminate the relationship between the Registered Organisation and the user linked to it.
  5. The Registered Organization may initiate a connection with the Service Provider's employees or partners by invitation. It may also send connection requests to users registered on the platform by the Service Provider. A connection is established between the user and the Registered Organization when the user has accepted the request to connect.
  6. The Registered Organization is entitled to record data of users who have not registered in advance on the platform (Inactive User) on the basis of their prior consent obtained outside the platform. In this case, the original copy of the declaration of approval shall be kept by the Registered Organization, which shall make it available to the Service Provider without delay upon request.

7. RECORDING AND PROCESSING OF USER DATA

  1. The Administrators of the Registered Organization may edit the data related to the studies, professional experience, competences, public activities and publications of the given User in the accounts of the invited employees or partners.
  2. The Administrators of the Registered Organization may export the recorded data in the form of CVs or statements in the account of the Users linked to the Registered Organization.
  3. The Administrators of the Registered Organization may search on the platform from among the career path data of the Users linked to the Registered Organization, as well as search on the platform from among the anonymous data of the Users registered by the Service Provider.

8. DELETION OF THE ACCOUNT

  1. The Administrator of the Registered Organization shall have the possibility to initiate the deletion of the Registered Organization’s account at the contact details of the Service Provider provided in these GTC. On the basis of the Administrator’s initiative, the Service Provider will send a request to the authorised representative of the Organization concerned and, on the basis of the request confirmed in writing by the representative, will delete the account of the organization without delay. In the event of deletion of the account, the Service Provider shall not be obliged to refund any money.

Which services are free and which do you have to pay for?

  1. SERVICES FOR WHICH FEES ARE DUE
  1. The Service is available in a form which is free of charge and in a form which is subject to a fee. 
  2. The Service Provider shall be entitled to charge the Registered Organization for the services which are subject to a fee, as set out in the fee schedule published on the platform. The fees are stated in the fee schedule on a net basis. Invoicing is made in HUF at the central rate of the Hungarian Central Bank (MNB) valid on the date of the invoice or request for payment. The invoiced fee shall include value added tax, which shall be calculated on the basis of the rules applicable to services sold in the European Union.
  3. The services subject to a fee are available for monthly and annual subscription. The monthly and annual period commenced shall be taken into account for the calculation of the fee.
  4. The subscription is automatically renewed from the day following the end of the subscription period. The Registered Organization will be notified at least 15 days prior to renewal.
  5. If the service subject to a fee expires and is not renewed, the service subject to a fee will no longer be available to Users linked to the given Registered Organization and such Users will only be able to use the free-of-charge service.

Recruitment

  1. If the Registered Organization pays a monthly or annual subscription fee for using the Mndwrk Platform, no additional fees are required to be paid to the Service Provider upon hiring the workforce.

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What is the Service Provider liable for?

10. THE LIABILITY OF THE REGISTERED ORGANIZATION FOR DATA PROTECTION

  1. The Registered Organization shall be fully liable for the proper processing of the data accessible to the Registered Organization within the framework of the Service. The Registered Organization undertakes and warrants to ensure the protection of personal and other data in its possession and to delete or destroy such data after use. Furthermore, it undertakes that it and its client will take appropriate measures to protect the data in its possession, in particular against unauthorised access, alteration, transmission, disclosure, deletion or destruction, accidental destruction or damage, and against inaccessibility resulting from changes in the technology used.
  2. The Registered Organization declares and warrants that it will use the biographical data, the personal data contained therein, the database or any part thereof made available and usable to it within the framework of the Service exclusively for the purpose of performing tasks related to its own or its client's needs and exclusively within the term of the contract. It shall not make such data available or accessible to third parties and it shall not use such data in any manner, for any purpose, to any extent, at any time or in any place other than for the use permitted.
  3. The Registered Organization is responsible for the content shared by the Administrators with Users through the platform.
  4. The Registered Organization acknowledges that it shall be fully liable, in accordance with applicable law, for all damages and other claims of any kind arising out of its unauthorized data processing. If a third party asserts any claim against the Service Provider in connection with the unlawful data processing of the Registered Organization, the Registered Organization is obliged to cooperate fully with the Service Provider or to fully indemnify the Service Provider in connection with the claim asserted against it within 8 days of the Service Provider's request to that effect.

11. THE LIABILITY OF THE SERVICE PROVIDER

  1. The Service Provider shall process the data recorded by Users in accordance with these GTC.
  2. The Service Provider shall not be liable for any damages resulting from incorrectly uploaded data by Users to the platform.
  3. The Service Provider undertakes no liability for the accuracy of the data and information uploaded by Users.
  4. The Service Provider assumes no liability for the processing of data shared by Users.
  5. If the data subject wishes to exercise any of his or her rights under Chapter III of the GDPR in relation to the processing of his or her personal data, the Service Provider is obliged, taking into account the nature of the processing, to assist the Registered Organization, as far as possible, with appropriate technical and organizational measures to enable the Registered Organization to fulfil its obligation to respond to such requests of the data subjects.
  6. If a data subject contacts the Service Provider directly with a complaint about the processing of his or her personal data or with a question relating to the exercise of his or her rights, the Service Provider shall forward such request to the Registered Organization without undue delay, including clear information on the subject of the request. The Service Provider shall not process such a request without prior instruction from the Registered Organization.
  7. The Service Provider shall not use any additional data processors for the processing of personal data other than those provided for in the GTC and the Privacy Policy.
  8. If the Service Provider considers that an instruction from the Registered Organization concerning the processing of personal data is in breach of the GDPR or other applicable data protection legislation, the Service Provider shall notify the Registered Organization thereof without undue delay. In such a case, the Service Provider is entitled to wait before proceeding on the basis of the relevant instruction, until it is confirmed or amended by the Registered Organization.
  9. If the Service Provider becomes aware of a personal data breach involving personal data under this Agreement, it shall notify the Registered Organization thereof without undue delay.
  10. The Service Provider shall also assist the Registered Organization in ensuring compliance with its obligations under Articles 33-34 of the GDPR, taking into account the nature of the processing and the information available to the Service Provider.
  11. The Registered Organization is entitled to verify that the personal data processed by the Service Provider on behalf of the Registered Organization under this Agreement is processed in accordance with this Agreement. In the course thereof, the Service Provider shall provide the Registered Organization with all information necessary to demonstrate such compliance.
  12. The Service Provider shall also take measures whereby it allows and consents to the carrying out of verifications, including inspections, by the Registered Organization or a third party designated by it. Such third party may not be a direct competitor of the Service Provider and must agree to comply with at least the level of confidentiality requirements set out in the Agreement.
  13. The Registered Organization shall notify the Service Provider at least ten (10) business days prior to the scheduled inspection. In the event of any other checks, the Service Provider shall have at least 14 working days to compile the relevant information specified above and make it available to the Registered Organization.
  14. The Service Provider shall take appropriate technical and organisational measures to ensure a level of data security appropriate to the level of risk, taking into account the state of the art and the cost of implementation, the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons, the likelihood and severity of which vary.
  15. The Service Provider shall assist the Client in ensuring compliance with the obligations under Articles 32 and 35-36 of the GDPR, taking into account the nature of the processing and the information available to the Service Provider.
  16. The Service Provider does not assume any liability for any event preventing performance that occurs due to the specific nature of the Internet, such as traffic, technical or other circumstances on the Internet network which are inherent to the operation of the Internet.
  17. The Service Provider shall not be liable for any damages to software or other hardware or for any changes to settings that Users may experience while using the Service.
  18. The Service Provider does not assume any liability for damages resulting from the non-performance, delay, or interruption of the Service, and/or any loss of business or private information or other financial loss.
  19. The Service Provider will make every effort to only cooperate with External Service Providers with appropriate data protection and data management policies and who apply appropriate technical protection, but does not assume any liability for the data protection practices of External Service Providers connected to the platform or for any damage that may result therefrom. 
  20. Regardless of the data protection practices used, third parties technically connected to the operation of the Service may carry out data processing activities without informing the Controller. Such activity shall not constitute Processing by the Controller. The Controller shall use its best efforts to prevent and detect such processing.
  21. The Service Provider guarantees the flawless display of the platform only on the latest versions of the following browsers for desktop and laptop computers and optimised versions: Chrome, Safari, Firefox.
  22. The Service Provider will endeavour to display the platform properly on mobile devices, but does not guarantee flawless display. 
  23. The Service Provider shall provide the services with an annual availability of 95%. Availability means that the Service Provider guarantees the availability of the hardware and software required to provide the Services. When calculating availability, the duration of the announced maintenance and the duration of the inadequate functioning of certain sub-functions shall not be counted as downtime.
  24. The Service Provider shall do its utmost to ensure that the services are available at all times, but shall not assume any liability for any failures beyond its control (including, but not limited to, possible loss of information due to the operation of the Internet network, overloading, malfunction caused by third parties, errors due to improper use).
  25. The Service Provider does not assume any liability for the operability, interoperability and/or future integrability of third-party applications and services developed by third parties that may interact and/or integrate with the Services. The availability of the services shall not be reduced by any downtime caused by external applications and services provided by third parties.
  26. If the Service Provider fails to meet the availability level undertaken, it shall refund to the Registered Organization, as a qualitative fee reduction, for each additional hour of the downtime, twice the hourly amount of the monthly fee payable by the Registered Organization for the service in question. The Registered Organization may not claim any additional compensation or reimbursement of expenses beyond the amount of the fee reduction set forth herein.

What other liability rules should be taken into account?

12. RULES OF BUSINESS COOPERATION

  1. The Parties agree to be bound by the self-limitations set out in the following paragraphs for the sake of a lasting and balanced cooperation which respects and promotes the market and business interests of both Parties.

13. CONFIDENTIALITY

  1. The Service Provider undertakes not to disclose or otherwise transfer to any third party any information relating to personal data or the processing thereof under this Agreement. 
  2. The Service Provider shall also ensure that persons authorised to process the data or otherwise having access to the data are bound by confidentiality obligations or are under an appropriate statutory obligation of confidentiality. 
  3. These confidentiality provisions shall not apply if the Service Provider is under an obligation to disclose the information under European Union or Member State law to which it is subject. In such a case, the Service Provider shall notify the Client of this legal requirement before processing the data, unless the disclosure of such information is prohibited by law for reasons of important public interest.

14. Force majeure and liability FORCE MAJEURE AND LIABILITY

  1. Neither Party shall be liable for any breach of its obligations under these GTC if it is caused by force majeure. For the purposes of this Section, "force majeure" refers to events which could not have been foreseen or avoided by the Parties in their own sphere of interest and which are not a result of their own fault or conduct attributable to them. Such events may include, in particular, strikes, war or revolution, fire, flood, pandemic, quarantine, embargo on transport or any other event beyond the control of the Parties. Force majeure shall be directly related to the activities of the Parties and to the breach of contract that has occurred.
  2. The Parties shall notify each other as soon as possible of the force majeure event, stating the exact cause of the force majeure.
  3. The liability of the Parties for the payment of damages and compensation shall be limited to the amount paid by the Registered Organization to the Service Provider within the last 12 months up to the date of the damage and/or infringement of personal rights. An exception to this shall be damages for copyright infringement, unauthorised data processing and third party claims, for which the Parties shall be fully liable.
  1. The Parties shall send notifications of their claims for damages to each other by registered post with acknowledgement of receipt or by e-mail.
  2. If a data subject, a supervisory authority or any other third party brings any claim or action against the Service Provider, as a result of which the Service Provider suffers damage (including damage to data subjects and administrative fines payable to supervisory authorities), which is caused by improper or unlawful instructions by the Registered Organization or by a breach of this Agreement or applicable data protection laws, the Registered Organization shall indemnify the Service Provider for such damages and hold the Service Provider harmless.
  3. If a data subject, a supervisory authority or any other third party brings any claim or action against the Registered Organization, as a result of which the Registered Organization suffers damage (including damage to data subjects and administrative fines payable to supervisory authorities), which is caused by the Service Provider (or its sub-processor) processing personal data contrary to or in breach of the Registered Organization's instructions, this Agreement or applicable data protection laws, the Service Provider shall indemnify the Registered Organization for such damages and hold it harmless.
  4. For the avoidance of doubt, the Parties shall never be liable for indirect damages, including but not limited to loss of profit and/or revenue, unless such damages are caused intentionally or by gross negligence.

What are the rights and obligations of the Registered Organization?

15. THE RIGHTS AND OBLIGATIONS OF THE REGISTERED ORGANIZATION

  1. The Registered Organization shall be entitled to use the Service Provider's services during the term of these GTC as set out in these GTC.
  2. The Registered Organization shall fully comply with its obligations under these GTC.
  3. The Registered Organization authorizes the Service Provider to include the Registered Organization's company name and logo among its references.

16. COPYRIGHT IN RELATION TO THE SERVICE PROVIDER'S SYSTEM

  1. The Service Provider declares and, by accepting these GTC, the Registered Organization acknowledges that the platform operated by the Service Provider, the related software, the graphic and design elements of the website are protected by copyright. The Service of the Service Provider is a service of novelty, the exclusive rightholder of which is the Service Provider.
  2. In particular, it is prohibited to copy or store the platform operated by the Service Provider or to decrypt the software. In case of infringement of these copyrights, the Registered Organization shall be liable for damages.

How can the GTC be amended or terminated?

17. UNILATERAL AMENDMENT OF THE GTC

  1. The Service Provider shall be entitled to unilaterally amend these GTCs for the future, with prior notice to the Registered Organization. The Service Provider shall publish the notice on the platform on the 15th calendar day prior to the entry into force of the amended GTC and shall also notify the Registered Organization directly of this at its registered email address.
  2. If the Registered Organization does not accept the provisions of the amended GTC, it shall be entitled to terminate the GTC subject to a 60-day notice period, with a claim for reimbursement of the Service Fee for the subscriber period following the date of termination.
  3. If the Registered Organization does not exercise its right of termination within the above period, the amended provisions shall enter into force with respect to the Registered Organization on the 16th day following the date of notification.

18. DURATION AND TERMINATION OF THE GTC 

  1. These GTC are concluded by the express acceptance of the Registered Organization and establish a legal relationship of indefinite duration.
  2. The Parties may terminate the legal relationship established by these GTC by mutual agreement in writing. An email sent to the email address of the Service Provider specified in the GTC or sent to the email address registered by the Registered Organization shall be deemed to be a written form.
  3. The Service Provider shall be entitled to any remuneration, for a period of 365 days from the date of termination of the legal relationship, that would be due to it according to the applicable fee schedule, provided that the Registered Organization has contacted the employee concerned by email or telephone during the term of the legal relationship.
  4. Upon termination of the Contract, the Service Provider shall delete all personal data uploaded by the Registered Organization under this Agreement or, if the Registered Organization so requests in writing, return all personal data to the Registered Organization. 
  5. The Service Provider shall be entitled to terminate the service rendered to the Registered Organization under these GTC in the event of a serious breach of contract by the Registered Organization with a notice period of 15 (fifteen) days. If such termination falls within a Service Period for which fees are due, the Service Provider shall refund to the Registered Organization the pro rata portion of the Services for which fees are due. In the event of termination by the Service Provider, the account of the Registered Organization will be deleted by the Service Provider also from its online database within 10 days of termination. 
  6. The Registered Organization shall have the right to terminate its services with the Service Provider under these GTC with 180 (one hundred and eighty) days’ notice. If such termination falls within a Service Period for which fees are due, the Service Provider shall refund to the Registered Organization the pro rata portion of the Service for which fees are due payable for the period after the termination period.
  7. In the event of serious breach of contract by either party, extraordinary termination shall be possible, in which case the termination shall take effect immediately upon receipt of written notice of termination by the other party. Extraordinary termination must always be justified, stating in detail the reasons for the serious breach of contract.

Where can I turn to if I have a question or complaint?

  1. CUSTOMER SERVICE
  1. The Service Provider is available at the following contact details to answer Users' questions and requests:

support@mndwrk.com

  1. The Service Provider shall reply to incoming requests and questions as soon as possible, but not later than within 2 (two) working days.

20. HANDLING OF COMPLAINTS

  1. The User may submit any complaints arising from these GTC of the Service Provider in the following manner:
  • Complaints can be made in writing at support@mndwrk.com. The Service Provider will register the complaints and is obliged to respond to them within 2 (two) working days. 
  • If the complaint procedure would not be successful, the Registered Organization may refer the matter to the Arbitration Court specified in these GTC.

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  1. A The Registered Organization may lodge a complaint regarding the processing of data directly with the National Authority for Data Protection and Freedom of Information: 
  • address: Hungary, 1125 Budapest, Szilágyi Erzsébet fasor 22/c.; 
  • phone number: +36-1-391-1400; 
  • e-mail: ugyfelszolgalat@naih.hu; 
  • website: www.naih.hu

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21. Dispute resolution DISPUTE RESOLUTION

  1. Hungarian law, in particular, the provisions of Act V of 2013 on the Civil Code (“Civil Code”), and Hungarian jurisdiction shall prevail in all matters relating to the performance of these GTC and the other parts of these GTC. These GTC have been prepared in Hungarian.
  2. The Parties shall endeavour to settle any disputes arising between them amicably. If this would not be successful, for the resolution of any dispute arising out of or in connection with this GTC or the breach, termination, validity or interpretation thereof, the Parties submit to the exclusive jurisdiction of the Permanent Court of Arbitration (Budapest), organised under the auspices of the Hungarian Chamber of Commerce and Industry, which shall act in accordance with its own Rules of Procedure. The language of the proceedings shall be Hungarian.

Other provisions

22. MISCELLANEOUS PROVISIONS

  1. The Service Provider reserves the right to make changes and improvements to the platform without prior notice, insofar as this does not restrict the service provided. Furthermore, the Service Provider reserves the right to transfer the platform to another domain name. The Service Provider shall inform the Administrators of the Registered Organization in advance in the form of a newsletter about significant changes and improvements to the platform.
  2. Should any part of these GTC be invalid, this shall not affect the validity of the entire GTC, and the Registered Organization shall be bound to fulfil its contractual obligations except for the invalid part.
  3. By accepting these GTC, the Registered Organization expressly acknowledges that, pursuant to Section 6:59(2) of the Civil Code, these GTC contain agreements other than those provided for in the Civil Code
  4. The Service Provider does not subject itself to the provisions of any code of conduct.

23. ENTRY INTO FORCE OF THE GTC

1. The provisions of these GTC shall remain in force from 01.03.2024 until revoked or until the entry into force of the amendments.

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