ITCharm

Terms of service

 ITCharm Public Offer Agreement

Last updated: October 2025

ITCharm is a space where talent meets opportunity!

Our mission is to make the recruitment and job search process simple, transparent, and beneficial for everyone.

This document constitutes a public offer regulating the terms of cooperation between the ITCharm platform (hereinafter referred to as the "Platform") and the Users.

1. General Provisions

  • By using the Platform, you agree to this Offer, the Privacy Policy, and the Cookie Policy.

  •  The Platform acts as an intermediary between Users — Employers, Referrers, and Candidates.

  •  Minimum user age is 18.

2. User Status and Legal Nature of Relationships

  • All Users act as independent entities (legal entities, sole proprietors, freelancers, or equivalent status in their jurisdiction).

  •  The Platform is not their employer, does not control the manner of service delivery, does not set tools, schedules, or mandatory procedures. Users act independently and bear full responsibility for the services they provide.

  •  Users are solely responsible for complying with legal registration and tax obligations in their country.

3. Obligations of the Parties

For Users:

  • Provide accurate and truthful information.

  • Do not use the Platform for unlawful activities.

  • Obtain explicit consent from Candidates to submit their personal data, in compliance with GDPR.
    Each User acts as an independent data controller of the Candidate’s personal data. The User must ensure that the Candidate's consent is obtained and GDPR requirements are fulfilled before uploading any information to the Platform.

  • Fulfill their tax and financial obligations.

For the Platform:

  • Ensure the technical functionality of the Platform.

  • Process personal data in compliance with the GDPR.
    The Platform processes anonymized candidate profiles containing professional summaries without direct identifiers. Personal data is processed exclusively for recruitment purposes.
    The Platform commits to deleting personal data upon request.

  • Make timely payments to eligible Users.

4. Recommendation and Hiring Process

  • The hiring bonus amount is determined and stated in the job vacancy and/or candidate profile.

  • If multiple Users recommend the same Candidate, priority is given to the first recommendation registered on the Platform.

  • It is strictly prohibited to upload Candidate data without their consent.

5. Financial Terms and Responsibilities

  • The hiring bonus indicated on the candidate cards — for candidates referred through the Just Refi, Full Refi, or Anonymous Candidate Card programs — shall be paid by the Employer to the Platform within five (5) business days following the Candidate’s first working day.
  • The Platform retains a 10% commission and distributes payments as follows:

    • To Referrers under the Just Refi program: 90% of the indicated bonus amount within five (5) business days of receipt of payment.

    • To Referrers under the Full Refi or Anonymous Candidate Card programs:

      • 45% of the indicated bonus amount within five (5) business days of the Candidate’s first working day;

      • 45% within five (5) business days after the Candidate successfully completes the probationary period (up to three (3) months).

  • Referrers under the Just Refi program are not responsible for providing a replacement if the Candidate resigns or is terminated.

  • Referrers under the Full Refi and Anonymous Candidate Card programs are required to organize a replacement if the Candidate resigns or is terminated within three (3) months from the date of hire.

  • Referrers may opt out of this replacement obligation. In such cases, the referrer shall receive the hiring bonus only after the Candidate successfully completes the probationary period.

  • If the Referrer opts out, ITCharm shall coordinate the replacement process in accordance with its internal procedures. The replacement period is two (2) months from the date of notice of termination, provided that both parties cooperate and provide feedback during the selection process within three (3) business days.

  • All taxes and fees shall be paid by the Users in accordance with the tax laws of their respective jurisdictions.

  • The Platform does not act as a tax agent.

  • All bonus amounts displayed on the Platform are exclusive of VAT, unless explicitly stated otherwise. The Platform may issue invoices including VAT in accordance with applicable EU law.

6. Anti-Circumvention Clause

  • Users are prohibited from using the Platform to establish direct contact between an Employer and a Candidate with the purpose of circumventing the Offer terms. This restriction shall remain in force for twelve (12) months from the date the Candidate was first published or introduced to the Employer through the Platform, regardless of the specific vacancy for which the Candidate was initially presented.

  •  If such cases are identified, the Platform reserves the right to impose a penalty equal to the proven damages incurred.

  •  The Platform may block access to the involved parties pending clarification.

7. Data and Account Deletion

The User may request the deletion of their profile and associated data at any time by emailing legal@itcharm.com.

8. Liability

The Platform is not liable for:

  • Hiring decisions or rejections made by Employers;

  • Accuracy of information provided by Users, although reasonable efforts are made to validate it;

  • Technical disruptions caused by third parties.

Users are liable for:

  • Violating the terms of this Offer;

  • Providing false or misleading information;

  • Failing to comply with tax and GDPR obligations.

9. Dispute Resolution and Governing Law

  • All disputes shall be resolved through negotiation within 30 days.

  •  If no resolution is reached, disputes shall be settled in the courts of Tallinn, Estonia.

  •  The applicable law is the legislation of Estonia.

10. Force Majeure

The parties are not liable for non-performance caused by:

  • Natural disasters, war, or sanctions;
    Governmental decisions or restrictions;

  • Cyberattacks or infrastructure outages.

11. Modifications to the Offer and Platform Suspension

  • This Offer may be modified with notice to Users.

  •  The Platform may be suspended for technical maintenance.

  •  In case of violations, the User’s account may be blocked.

12. Contact Information

Legal inquiries: legal@itcharm.com

Financial inquiries: accounting@itcharm.com

13. Acceptance of the Offer

This Offer becomes effective upon its acceptance by the User.
Acceptance is considered valid if the User signs the Offer and/or begins using the Platform.

Acceptance of the Offer constitutes the conclusion of a legally binding agreement between the User and the Platform under the terms described above.
This Offer remains in force until revoked or replaced by a new version.