1. General Provisions
For ease of reading, this contract uses the generic masculine form. Unless expressly indicated otherwise, all personal designations used in this contract refer to all genders.
1) Scope
These Terms of Use apply to all legal relationships connected with the use of the Hirebuddy online platform offered at www.hirebuddy.at (the "Platform").
Previous versions of the Terms of Use are available at the following link: There is currently no previous version available.
For the purposes of these Terms of Use:
"Referrer": A natural or legal person who registers on the Platform by providing an email address and password in order to generate a personalized link.
"Successful Referral Chain": All Referrers whose referral links contributed to the successful hiring of an Applicant. A Referrer is part of the Successful Referral Chain if the hired Applicant applied either directly through that Referrer's personal link or through a further link derived from it.
The order within the Successful Referral Chain is determined by who invited whom: The Applicant applied through the most recent link provided directly by their Referrer. That Referrer was previously invited by another, earlier Referrer, who in turn was invited by an earlier Referrer, and so on. The commission is allocated in this order, beginning with the direct Referrer and then moving backwards through all other Referrers involved in the Successful Referral Chain.
"Customer": Any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity. A company profile is created for the Customer and Job Postings are published on Hirebuddy. Once an advertised position has been filled successfully, the Customer provides the previously defined commission.
"Applicant": Any person who applies for a Job Posting and whose application is forwarded to the Customer.
"User": Any person who uses the Platform as a Referrer, Customer or Applicant.
"Total Commission": The amount provided by the Customer and made available when an Applicant is hired successfully. A portion of the Total Commission is paid out as commission to Referrers. This commission is distributed among all participating Referrers according to their position in the Successful Referral Chain.
"Referrer Commission": The amount of money provided by the Customer and paid by Hirebuddy to the Referrers if an Applicant is hired. The Total Commission is divided among the participating Referrers along the Successful Referral Chain. It is divided according to a clear system: The Referrer through whose link the Applicant applied directly and was hired receives 50% of the advertised commission. The Referrer who invited the direct Referrer receives 25% of the commission. The person who invited that Referrer receives 12.5% of the Total Commission. Each additional Referrer receives half the commission of the preceding Referrer (for example, fourth Referrer: 6.25%, fifth Referrer: 3.125%, and so on). The commission therefore continues to halve along the Successful Referral Chain.
"Job Posting": The job profile published on the Hirebuddy website.
2) Amendments to the Terms of Use
Hirebuddy is entitled to amend and supplement these Terms of Use at any time. Hirebuddy will notify existing Users in good time of any material or more than insignificant change to the Terms of Use. Changes are considered material or more than insignificant if they alter the factual or legal circumstances and affect the rights or obligations of Users. The change will take effect unless the User terminates by email (office@hirebuddy.at) within two (2) weeks after notification of the change. At the start of this period, Hirebuddy will expressly inform the Customer that silence will be deemed acceptance of the contractual amendment.
2. Formation and Subject Matter of the Contract
1) Formation of Contract
By using the Platform, the User accepts these Terms of Use.
2) Subject Matter of the Contract
The subject matter of the contract is the use of the Platform offered here and the related contractual services.
Referring Job Postings and submitting applications are possible only after personal registration and creation of a user account. Customers may be natural or legal persons. When registering, legal persons must identify a natural person who is sufficiently authorized to complete the registration, use the Platform on behalf of the legal person and make declarations in its name.
Users are entitled to use the Platform in accordance with and within the limits of these Terms of Use. The permitted scope of use depends on the type of user account.
Hirebuddy reserves the right to extend the services offered on the Platform, make improvements, replace the existing offering with equivalent alternatives, or restrict or remove individual functions where this is necessary for technical, economic or legal reasons. Users will be informed appropriately and in advance of any material changes or restrictions.
3. Description of Services
The offer and the product service contract are concluded separately.
1) General Provisions
Hirebuddy provides an online platform that supports companies in their search for new employees (the "Platform"). The Platform enables Job Postings to be created. People can apply for these Job Postings or share them with others. When a person shares a Job Posting, a personalized link is created and associated with that person's email address. If a suitable Applicant is hired, the Referrers involved in the Successful Referral Chain can be identified.
Availability is 99% per month. Infrastructure unavailability caused by scheduled maintenance does not count as downtime, provided that Hirebuddy announces such maintenance on the Platform at least one week in advance. Hirebuddy will also endeavor to reduce the number and duration of such maintenance activities.
Hirebuddy only provides the Platform for publishing Job Postings, creating links and tracing the Successful Referral Chain. Hirebuddy expressly states that it neither searches for suitable Applicants on behalf of the Customer nor guarantees that the Customer will actually find a suitable Applicant for its company.
2) Administration of the Platform
Through the Platform, Hirebuddy enables the creation of a company profile, publication of Job Postings, creation of links and tracing of the Successful Referral Chain.
3) Referrers
Through the Platform, Customers can invite people from their network to recommend Applicants for the Customer's advertised Job Postings. Third parties can also register on the Platform and recommend Job Postings from different companies.
Referrers receive a personalized link to the Job Posting for this purpose and can forward it within their own network. A Referrer acts as an independent intermediary who is neither employed by Hirebuddy nor in a similar legal relationship with Hirebuddy.
As an independent intermediary, the Referrer is solely responsible for paying tax on their income, paying social security contributions and complying with applicable legal requirements. Hirebuddy excludes all liability in this regard.
4) Referrer Commission
A Referrer is entitled to commission if all of the following requirements are met:
(i) The Referrer sends a person a link personalized by Hirebuddy to a Job Posting.
(ii) That person uses the personalized link to apply through Hirebuddy to the Customer for the Job Posting.
(iii) Hirebuddy forwards the application to the Customer.
(iv) The Customer hires the Applicant within six (6) months after the application was forwarded. An Applicant is considered hired once an employment contract between the Customer and the Applicant has been signed and the Applicant has completed a probationary period of no more than three (3) months.
There is no entitlement to commission if, before the referral, the Applicant was already involved in an active application process with the Customer or applied through another channel independently of the Referrer.
The amount of the commission is specified in the relevant Job Posting on the Platform. The commission is divided among the participating Referrers along the Successful Referral Chain according to the system described above (see: 1. Scope, section "Referrer Commission").
The commission covers all costs and expenses connected with the referral. Referrers are not entitled to any additional remuneration or other payments.
The commission is credited to the Referrer's balance. The balance is displayed in the Referrer's dashboard on the Platform and can be viewed there at any time. The Referrer may withdraw the balance to the bank account they provided at any time, subject to a minimum withdrawal amount of EUR 50.
All costs, including fees charged by the bank, connected with transferring the commission are borne by the Referrer.
Any tax or social security obligations connected with this activity are the responsibility of the Referrer and the Customer.
Hirebuddy is responsible solely for administering the commission, including issuing the credit note and making the payment. The actual debtor of the commission is the Customer. Hirebuddy is not required to pay the commission to the Referrer if the Customer does not make the agreed payment to Hirebuddy in relation to the selected Applicant. An entitlement to commission arises only once Hirebuddy has received the corresponding payment from the Customer.
The entitlement to withdraw the balance expires automatically if no withdrawal is requested within three (3) years after the date on which the Applicant was hired successfully.
5) Applicants
Applicants can create a profile with Hirebuddy. They either reach a Job Posting through a Referrer's personalized link or access the relevant Job Posting directly through the Platform.
4. User Obligations
1) Content of Information and Job Postings
The Customer is required to provide only truthful, reputable and non-discriminatory Job Postings. The information about the offering supplied to Hirebuddy must be compiled carefully and properly. All content must be kept up to date, and outdated advertisements must therefore be deleted, or their deletion requested, without delay (for example, after a position has been filled).
This means that the Customer may post or arrange for the posting on the Platform only of Job Postings for positions that are actually open at that time. The Customer must not leave duplicate or outdated Job Postings on the Platform or use Job Postings as lead generators, bait or for Google optimization.
The Customer is solely responsible for the content and accuracy of the data and images provided.
2) Notification Obligation
The Customer and the Applicant are required to notify Hirebuddy by email at [office@hirebuddy.at] when an Applicant whose application Hirebuddy forwarded to the Customer is hired. Notice must be provided without delay and no later than five (5) business days after the Applicant is hired. An Applicant is considered hired once an employment contract between the Customer and the Applicant has been signed and the Applicant has completed the agreed probationary period.
3) No Misuse
All Users undertake to use the Platform offered by Hirebuddy only to the extent permitted by law. Misuse will result in the exclusion of the right of use granted through registration.
In particular, Users are prohibited from publishing content that infringes another person's trademark rights, rights to a name, copyrights and/or related rights, or other intellectual property rights, or that attacks, harasses, discriminates against or defames other persons or organizations.
4) Suspension and Deletion
Hirebuddy reserves the right to inspect all content published on our Platform in order to verify compliance with User obligations. However, we are not required to conduct such an inspection.
Hirebuddy is entitled to block access to published content at any time and without prior notice, or immediately make legally required changes to the content (for example, remove disputed images), if there are indications that the content violates User obligations or is otherwise unlawful. The affected User will be informed and given an opportunity to demonstrate, within a reasonable period set by Hirebuddy, that no violation has occurred. If the User does not provide such evidence within that period, Hirebuddy is entitled to delete the content permanently. The User will be expressly informed of these consequences in advance.
5. IT Security
When providing the Platform, Hirebuddy uses security technologies that reflect the current state of the art (for example, encryption and password protection) to an economically reasonable extent.
6. Right to Use the Platform
Users receive a non-exclusive, non-sublicensable right, limited to the term of this contract, to access the Platform and use the functions offered there through a browser for their own purposes and internal business purposes, within the scope of contractual and proper use in accordance with these Terms of Use.
The Customer receives no further rights, in particular to the Platform, the associated software application or the operating software.
Without written consent, the Customer is in particular not entitled to permit third parties, including affiliated companies, external service providers, cooperation partners or subcontractors, to use the Platform independently. In particular, the Customer is also not permitted to reproduce or sell the Platform or parts of it, or transfer them for a limited period, especially by renting or lending them.
1) Warranty
Hirebuddy warrants that the service will substantially have the agreed characteristics, but does not warrant (i) that the service will be provided free of errors or interruptions, or (ii) that the service will function in combination with all Customer content, applications or systems, or with any other hardware, software, systems or data.
The Customer further acknowledges that Hirebuddy does not control online data transmission, that the service may be subject to limitations, delays and other problems, and that Hirebuddy is not responsible for delays or other damage arising from such problems. Hirebuddy is not responsible for errors arising from the content or applications of the Customer or third parties.
7. Liability
Hirebuddy is liable to the User only for damage demonstrably caused intentionally or by gross negligence by Hirebuddy, a legal representative or a vicarious agent.
In all cases, Hirebuddy's liability is limited in amount to the damage typical of the contract that was foreseeable. Any claim for damages or other claim of any kind against Hirebuddy is limited to the invoice value or, if there is no invoice value, to the usage fee for the term of the contract.
Liability for indirect damage is excluded, including loss of profit, costs connected with an interruption of business, loss of data or third-party claims, as well as incidental or consequential damage.
Hirebuddy is in no way responsible for the quality of Applicants. Applicant proposals and presentations are based exclusively on information provided by the respective Applicants or, where applicable, third parties (for example, previous employers). Hirebuddy gives no warranty and accepts no liability for the accuracy, completeness or authenticity of the information provided or documents submitted, or for Applicants meeting Customer expectations. Hirebuddy likewise gives no warranty that Applicants hold the required employment or residence permits. The Customer is solely responsible for assessing the suitability and qualifications of Applicants and must make the necessary arrangements independently.
8. Indemnification
Users are required to indemnify and hold Hirebuddy harmless from all third-party claims, including reasonable or legally prescribed enforcement costs, that are based on the User's non-contractual, abusive and/or unlawful use of the Platform and its content, that take place with the User's approval, or that arise in particular from data protection, copyright or other legal disputes connected with use of the Platform.
If the User recognizes, or should recognize, that such a violation is imminent, the User must notify Hirebuddy without delay. The User will support Hirebuddy in defending against these claims, in particular by providing all information required for the defense. The User is required to compensate Hirebuddy for any damage incurred as a result of the successful enforcement of such claims by third parties.
9. Term, Termination and Suspension
The Customer's use of the Platform is for an indefinite period.
Users may stop using the Platform at any time without observing a notice period by sending an email to office@hirebuddy.at and requesting deletion of their account. The account will be deleted after the request is received.
Hirebuddy is entitled to terminate this contract by giving one month's notice to the end of any month. Notice of termination will be sent by email to the email address provided by the User.
Our right to terminate this contract at any time without notice for good cause remains unaffected. Good cause entitling Hirebuddy to terminate without notice includes, among other things, failure to comply with User obligations. Any remuneration and fees already paid will not be refunded in this case. Hirebuddy also reserves the right to take further legal action and, where applicable, claim damages.
Where good cause exists, Hirebuddy is entitled to suspend the user account temporarily without prior notice. At the same time as the suspension, the User will be asked to remedy the violation within a reasonable period.
In the event of termination, Hirebuddy will allow the User a reasonable period to back up their data before deletion. This does not apply if the contract is terminated for good cause. Once the user account has been deleted, the data cannot be restored. The User is responsible for backing up their data in good time.
10. Data Protection
Hirebuddy processes personal data solely in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
Hirebuddy is the controller responsible for processing Applicants' personal data within the meaning of Article 4(7) GDPR. Incoming applications are transmitted to the respective Customers who published the Job Posting. Upon receiving the application documents, those Customers in turn become independent controllers responsible for processing Applicant data within the meaning of Article 4(7) GDPR.
After receiving the application documents, Customers are required to inform Applicants about the processing of their data in accordance with Article 14 GDPR. In particular, this includes identifying Hirebuddy as the source of the data.
Further information about the processing of personal data is contained in the Privacy Policy, which is available at the following link: https://www.hirebuddy.at/en/dsgvo
11. Final Provisions
These Terms of Use are governed by the law of the Republic of Austria, excluding its rules on conflicts of law and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Vienna, Austria have exclusive jurisdiction over disputes arising from or in connection with this contract.
12. Contact and Complaints
If you would like to comment on these Terms of Use, or if you believe that Hirebuddy's actions do not comply with them, please contact us.
For questions, complaints or responses, you can contact Hirebuddy at the following email address: office@hirebuddy.at
As of March 2025, V1.3