Terms of Service

1. Who we are and what these terms cover

The Värba service (the “Service”) is provided by SugarArt OÜ, registry code 16743720, Tartu maakond, Kastre vald, Roiu alevik, Kesktänav 4-2, 62122, Estonia, email info@varba.ee (“Värba”, “we” or “us”).

These terms apply between Värba and the company or other organisation that uses the Service (the “Customer”). The Service is intended for business and professional use; we do not provide it to consumers.

By creating an account and accepting these terms, you confirm that you are authorised to enter into this agreement on behalf of the Customer.

The data processing agreement (varba.ee/en/data-processing) forms an integral part of these terms. Where a separate agreement has been made with the Customer (for example, for full service), that agreement prevails in the event of any conflict.

2. Account and users

To create an account you need a name, an email address and a password. Keep your password secret. Anything done through the accounts of the Customer’s users is treated as done by the Customer.

The Customer may invite an unlimited number of users to its organisation. The Customer decides who is given access and removes access from anyone who should no longer have it.

Each organisation is a separate workspace with its own positions and candidates. A freelance recruiter may create a separate organisation for each of their clients.

3. Plans and prices

• Free plan: one open position at a time, unlimited users, no time limit.
• Hiring plan: for each position open at the same time beyond the number of free slots (an “additional slot”), the Customer pays the additional slot price — 29 € by default — per 30 days, starting from the moment the additional slot is taken into use. The plan also comes with machine translation of job ads.
• Full service: Värba runs the Customer’s recruitment to the agreed extent. The price and terms are agreed separately.

Within the 30 days, positions occupying an additional slot may be paused, swapped and reopened at no extra charge. If the additional slot is still in use when the period ends, a new period begins. If an additional slot is in use for less than 24 hours, no fee is charged — a position opened by mistake costs nothing.

Before the Service opens a position that would take a paid additional slot, it shows the price and the billing rules and asks for confirmation.

We activate the first paid plan after the Customer has requested it and we have reviewed the billing details.

Free slots apply per payer: where several organisations share one payer, they share the same free slots and receive one consolidated invoice, with costs shown separately for each organisation.

Special terms may be agreed with a Customer (for example, the number of free slots, the additional slot price and an end date). Once the end date has passed, the standard terms apply again.

Prices exclude VAT. From the date on which Värba is registered for VAT, VAT will be added to prices as required by law. The Service shows this next to the price.

4. Invoices and payment

Invoices are sent once a month to the email address given in the Customer’s billing details. An additional slot period is invoiced in the month in which it began.

Payment is due within 14 days of the invoice date.

Fees for a period that has already begun are not refunded if the position is closed before the period ends.

If an invoice is not paid, we will send a reminder. If it remains unpaid after the reminder, we may suspend the organisation on at least 14 days’ notice. A suspended organisation cannot open new positions or make changes, and its application forms do not accept new applications. The data of candidates who have already applied remains available to the Customer.

5. The Customer’s obligations

The Customer is the controller of candidates’ personal data. The Customer is responsible for ensuring that:

• it has a legal basis for processing candidates’ data and has informed candidates about the processing — for example, by adding a link to its own privacy notice to the application form;
• it sets a retention period for candidates’ data and does not keep data for longer than recruitment requires;
• the application form asks only for data that recruitment requires, and special categories of personal data (such as health data) or data relating to criminal offences are collected only where there is a legal basis for doing so;
• job ads and messages sent to candidates comply with the law, including equal treatment requirements, and are neither misleading nor discriminatory;
• content entered by the Customer does not infringe the rights of third parties.

6. Prohibited use

The Service must not be used:

• to publish fake job ads, to commit fraud or to collect personal data for any purpose other than recruitment;
• to send spam or distribute malware;
• to overload the Service, to collect data from it automatically or to test its security without our written permission;
• to break the law or infringe the rights of third parties.

In the event of a breach, we may restrict access or close the account to the extent necessary. Where possible, we will give notice in advance and allow time for the breach to be remedied.

7. Data and intellectual property

Data entered into the Service by the Customer and by candidates belongs to the Customer. Värba processes it only to provide the Service, under the data processing agreement.

The software, the design and the “Värba” trade mark belong to Värba. For as long as the agreement is in force, the Customer may use the Service in accordance with these terms.

We may use anonymous, aggregated data about how the Service is used (for example, how many positions are opened) to improve the Service. Such data cannot be used to identify the Customer or any candidate.

If the Customer gives feedback or suggestions about the Service, we may use them freely to develop the Service.

8. Support and access to the Customer’s account

Support is available by email at info@varba.ee.

A Värba employee may access the Customer’s account only at the Customer’s request (for example, to resolve a support issue), to provide an agreed full service, or where this is strictly necessary to protect the security of the Service. Every such access is logged.

9. Availability of the Service and changes

We keep the Service available at all times but cannot promise that it will run without interruption. Where possible, we give advance notice of planned maintenance that noticeably affects use.

The Service relies on third-party services (such as hosting and email delivery). We cannot guarantee that every email will reach the recipient’s inbox.

We develop the Service continuously and its features may change. If an important feature of a paid plan is withdrawn, we will give at least 30 days’ notice.

10. Liability

Värba is liable for direct financial loss caused by Värba’s breach of the agreement. Värba is not liable for loss of profit or for indirect loss.

Värba’s liability is limited to the amount the Customer paid to Värba in the 12 months before the loss occurred.

These limitations do not apply where the loss was caused intentionally or through gross negligence.

Neither party is liable for failing to perform an obligation where the failure was caused by force majeure.

11. Term and termination

The agreement takes effect when the account is created and continues for an indefinite period.

The Customer may terminate the agreement at any time by writing to info@varba.ee. On a paid plan, periods that have already begun are invoiced.

Värba may terminate the agreement on 30 days’ notice, or with immediate effect if the Customer materially breaches these terms.

When the agreement ends, we delete the Customer’s data within 30 days. During that time, the Customer may request an export of its data. Data that we are required by law to keep (for example, invoices for 7 years) is kept for the period the law requires.

12. Changes to these terms

We may change these terms. We will give at least 30 days’ notice by email of any material change, including a price change. If the Customer does not accept a change, it may terminate the agreement before the change takes effect. Continuing to use the Service after the change takes effect is treated as acceptance of the change.

A price change does not affect periods that have already begun.

13. Governing law and disputes

The agreement is governed by Estonian law. We will try to resolve any disagreement by negotiation. If no agreement is reached, the dispute will be settled by Harju County Court (Harju Maakohus).