Terms & Conditions of HighCircl Kft.

Last Updated: 2024-11-20

1. Agreement to Terms

By submitting a hiring request form or utilizing any services offered by HighCircl Kft. (“HighCircl,” “we,” “us,” or “our”), you (“Client” or “Contractor”) confirm that you have read, understood, and agreed to these Terms and Conditions and our Privacy Policy. By accepting these terms, you undertake to:

  • a. Uphold the confidentiality obligations outlined herein, which shall be equivalent to a Non-Disclosure Agreement (NDA).

  • b. Safeguard the CVs, contact details, and any other proprietary information of Contractors provided by HighCircl, which are strictly NDA-protected.

If you do not agree to these Terms and Conditions, you may not use our services or platform.

2. Definitions

For the purposes of these Terms and Conditions

  • a. HighCircl: The services operated by HighCircl Kft., which connects Clients with vetted software developers, engineers, and other technical professionals for project-based work.

  • b. Client: Any individual, company, or organization that submits a hiring request or engages HighCircl to hire Contractors for development or engineering services.

  • c. Contractor: A vetted software engineer, developer, or technical professional registered with HighCircl to provide project-based services to Clients. The terms “Developer” and “Engineer” are used interchangeably with “Contractor.”

  • d. Project: The scope of work agreed upon between the Client and Contractor, facilitated by HighCircl.

  • e. Trial Period: A 4-week evaluation phase during which the Client assesses a Contractor’s performance and suitability for the Project.

  • f. Hourly Rate: The agreed-upon compensation for a Contractor’s services, managed and invoiced exclusively through HighCircl.

  • g. Deposit: An upfront payment by the Client to secure services, calculated based on the estimated project duration and Contractor fees.

  • h. NDA (Non-Disclosure Agreement): An implied confidentiality agreement protecting all proprietary information shared through HighCircl.

3. Services

HighCircl provides the following services:

  • a. Vetting and Assessment: HighCircl rigorously evaluates Contractors for communication skills, experience, and technical quality.

  • b. Connection Services: Facilitating introductions and matching between Clients and Contractors based on project needs.

  • c. Payment Management: Acting as an intermediary for payment processing, ensuring timely payment to Contractors.

  • d. Client Responsibility: HighCircl does not manage or supervise Contractors. Clients are solely responsible for:

  • Communicating directly with Contractors.
  • Tracking progress, milestones, and deliverables.
  • Ensuring the successful completion of their projects.

4. Payment Terms

  • a. Hourly Rates: Contractors are compensated based on hourly rates agreed upon and facilitated exclusively through HighCircl. Clients and Contractors must not directly negotiate hourly rates. All financial discussions and arrangements are managed solely through HighCircl.
  • b. Exclusivity of Payments: All payments for Contractor services must be processed through HighCircl. Direct payments between Clients and Contractors are strictly prohibited
  • c. Deposits: For projects lasting over one month, Clients must provide a deposit equivalent to one month's estimated Contractor payment. For shorter projects, Clients must deposit the full estimated project cost upfront. Deposits are applied to invoices or refunded for unused hours upon project completion, except where non refund clauses apply
  • d. Invoicing: HighCircl will issue invoices to Clients monthly, based on approved hours logged by Contractors. Payment must be made within five (15) business days of invoice receipt to avoid service suspension or legal action.
  • e. Late Payments: HighCircl reserves the right to suspend services and restrict access for late payments. Persistent non-payment may result in legal action, including but not limited to debt collection.
  • f. Refund Policy: Refunds for unused deposits may be issued only in cases where the project is canceled before services commence. Hours worked by Contractors are non-refundable.

5. Confidentiality and Ownership a. Confidentiality:

  • Confidentiality: All information shared through HighCircl, including CVs and contact details of Contractors, is strictly confidential. Such information may not be shared, reused, or disclosed without express authorization from HighCircl
  • All information shared through HighCircl, including CVs and contact details of Contractors, is strictly confidential.
  • Such information may not be shared, reused, or disclosed without express authorization from HighCircl.

b. Ownership of Deliverables:

  • Upon full payment, all work products, including code, software, and other deliverables created by Contractors, become the exclusive property of the Client.

c. Data Protection and Privacy:

  • HighCircl processes personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable privacy laws.
  • Users have the right to access, rectify, or delete their personal data upon request. For more information, refer to our Privacy Policy.

6. Non-Compete Clause

Clients and Contractors agree not to engage, contract, or employ each other directly, bypassing HighCircl, for a period of 12 months following their most recent interaction facilitated by HighCircl.

a. Placement Fee for Direct Hiring:

  • If a Client hires or engages a Contractor introduced by HighCircl directly—without HighCircl’s involvement—a placement fee of €15,000 becomes immediately due and payable to HighCircl.
  • This fee applies regardless of whether the engagement is related to the original scope of work facilitated by HighCircl.

a. Hourly Rates:

  • Contractors are compensated based on hourly rates agreed upon and facilitated exclusively through HighCircl.
  • Clients and Contractors must not directly negotiate hourly rates. All financial discussions and arrangements are managed solely through HighCircl.

b. Exclusivity of Payments: All payments for Contractor services must be processed through HighCircl. Direct payments between Clients and Contractors are strictly prohibited.

c. Deposits:

  • For projects lasting over one month, Clients must provide a deposit equivalent to one month's estimated Contractor payment.
  • For shorter projects, Clients must deposit the full estimated project cost upfront.
  • Deposits are applied to invoices or refunded for unused hours upon project completion, except where nonrefund clauses apply.

d. Invoicing:

  • HighCircl will issue invoices to Clients monthly, based on approved hours logged by Contractors.
  • Payment must be made within five (15) business days of invoice receipt to avoid service suspension or legal action.

e. Late Payments:

HighCircl reserves the right to suspend services and restrict access for late payments.

Persistent non-payment may result in legal action, including but not limited to debt collection.

f. Refund Policy:

Refunds for unused deposits may be issued only in cases where the project is canceled before services commence.

Hours worked by Contractors are non-refundable.

b. Scope and Conditions:

  • The placement fee applies globally and is enforceable for 12 months from the last interaction facilitated by HighCircl.
  • The fee must be paid within 5 business days of the direct engagement being identified. Failure to do so may result in legal action and claims for additional damages and recovery costs.

c. Notification Requirement: Clients and Contractors must notify HighCircl of any intention to enter into a direct engagement and obtain written consent from HighCircl to waive the placement fee.

d. Exceptions: The placement fee does not apply if written approval from HighCircl is obtained in advance, or if the Client and Contractor remain engaged exclusively through HighCircl.

7. Trial Period

a. Duration: Clients entering into a contract with a minimum duration of 3 months are entitled to a trial period of 4 weeks for evaluating a Contractor’s performance and suitability.

b. Conditions:

During the trial period, Clients may request a replacement Contractor if there are demonstrable quality issues.

Examples of quality issues include, but are not limited to:

  • Repeatedly missing deadlines without valid justification.

  • Poor communication, such as failure to respond to messages within agreed-upon timeframes or unclear and inconsistent updates.

  • Deliverables that fail to meet the agreed-upon project scope or technical requirements.

  • Unprofessional conduct, including inappropriate behavior, lack of collaboration, or failure to adhere to agreed work processes.

c. Limitations:

The trial period applies only to the initial Contractor provided by HighCircl and does not extend to replacement Contractors.

The trial period is valid only for contracts with a minimum duration of 3 months.

d. Client Obligations: Clients must document the specific quality issues encountered and communicate them in writing to HighCircl. HighCircl will evaluate the request and facilitate a replacement if the concerns are substantiated.

8. Dispute Resolution

  • a. Internal Mediation: HighCircl acts as a neutral mediator to resolve disputes between Clients and Contractors. All disputes must be submitted in written form.

  • b. Preferred Outcomes: Resolution may include refunding unused deposits, replacing Contractors, or other remedies as deemed appropriate.

  • c. Jurisdiction: The issues not regulated in the present contract shall be governed by Hungarian Law, especially the Civil Code.

9. Code of Conduct

a. Eligibility: Clients and Contractors must meet HighCircl’s vetting criteria and maintain professional standards.

b. Professional Conduct:

HighCircl enforces a zero-tolerance policy toward harassment, discrimination, or unprofessional behavior.

Any violations should be reported immediately to HighCircl management.

c. Prohibited Actions:

Clients and Contractors must not negotiate hourly rates directly.

Any misuse of platform data, including spamming or scraping, is strictly prohibited.

10. Liability and Warranty

a. Service Limitations: HighCircl facilitates connections but does not guarantee the success of projects, the compatibility of parties, or the quality of deliverables.

b. Liability Cap: The extent of HighCircl's liability for any claims, damages, or losses arising from or related to these Terms and Conditions, including but not limited to disputes regarding services provided, shall be governed by the specific liability terms outlined in the written agreement made between HighCircl and the Client

11. Legal Framework

  • a. Jurisdiction: These Terms and Conditions are governed by the laws of Hungary, and disputes must be resolved in Hungarian courts.

  • b. Updates: HighCircl reserves the right to modify these Terms and Conditions. Updates will be posted on the platform, and users are responsible for reviewing them regularly.

12. Force Majeure Clause

a. Definition of Force Majeure Event: If an event occurs that is unforeseeable and beyond the reasonable control of the Parties (hereinafter referred to as a "Force Majeure Event"), the affected Party shall not be held liable for delays or inability to fulfill its obligations under these Terms and Conditions.

b. Examples of Force Majeure Events: The Parties acknowledge the following as Force Majeure Events:

  • Strikes or industrial actions.

  • Acts of war, revolution, or terorism.

  • Natural disasters, including fire, flood, and earthquakes.

  • Epidemics, pandemics, or government-mandated quarantines.

  • Transportation or trade embargoes.

c. Notification and Mitigation Obligations:

The affected Party must notify the other Party of the Force Majeure Event as soon as reasonably possible unless the event itself prevents such notification.

The affected Party must take all necessary steps to mitigate the impact of the Force Majeure Event and fulfill its obligations under these Terms and Conditions as soon as the event ceases.

Upon request, the affected Party must provide reasonable evidence or certification of the Force Majeure Event.

d. Termination Rights: If a Force Majeure Event continues to prevent performance for more than 15 consecutive days, either Party may terminate these Terms and Conditions or any relevant agreements (e. g. , Individual Orders) with immediate effect, without liability for such termination.

13. Miscellaneous

  • a. Third-Party Links: HighCircl may link to external sites. HighCircl is not responsible for the content or liability arising from such third-party sites.

  • b. Developer Submissions: Developers consent to HighCircl’s use of anonymized content (e. g. , portfolios) for marketing purposes.

  • c. Termination: HighCircl reserves the right to suspend or terminate access to the services for violations of these Terms and Conditions.

By using HighCircl, you agree to these Terms and Conditions. For inquiries, please contact info@highcircl.com