TERMS AND CONDITIONS FLÉIEN (CANDIDATE)
In this website, located at the address www.fleien.com, the provision of the services offered is subject to full acceptance of the terms and conditions stated below. Who does not agree to these terms and conditions, may not make use of the services offered by Fléien and must restrain from using any information or services provided by it.
Whenever these terms and conditions refers to “the company”, it must be understood as any natural person or legal entity, group with or without legal personality, that, in order to hire a candidate, make use of the services and / or information contained on the website www.fleien.com
Whenever in this terms and conditions reference is made to the “candidate” it must be understood that it is referring to any natural person, whether it concurs in person or represented, that in order to find a job, makes use of the services and / or information contained on the website www.fleien.com.
I. Intellectual Property
The content, organization, graphics, design, compilation and other aspects of the Site are protected by copyright law. Copying, redistribution, use or publication, in whole or in part, is prohibited by law. The publication or transmission of information or documents on the Site does not constitute a waiver of any right related to such documents or information. Fléien expressly reserves the right to exercise all civil or criminal actions to safeguard their intellectual legitimate rights.
In addition to the prohibitions expressly contained in other sections of these terms and conditions, Users are prohibited from using the Site to upload, make announcements or otherwise transmit or distribute any item, including without limitation computer viruses, Trojan horses, worms, mechanisms automatic shutdown or any other system, program or disruptive file; interfere with the security of this site; commercial infringe patents, trademarks, commercial and industrial secrets, rights of publicity or any other proprietary rights of any natural or legal person, local authorities, etc.; prevent or discontinue use of the site by third parties; use automated programs, mechanisms, or manual process to monitor, copy, summarize, or extract information from any other form from this site; use accounts and passwords third Users, or any other information without the prior written consent of the owner; create accounts or use the site providing false data; transmitting from this site spam, chain letters, junk mail or any other type of unsolicited mass mailing; upload, distribute or disseminate from the site materials or information menacing character, harassing, defamatory, obscene, pornographic, fraudulent, deceptive, or that otherwise it may be prejudicial against the law, morals, public order or violates the rights of any other party or containing requests for collection funds, among others.
III. System Failures
Fléien is not responsible for any damage, harm or loss that the User experiences caused by flaws in the software on the server or on the Internet. Nor is it resposable for any viruses that may infect the user’s equipment because of access, use or examination of the Site or upon any transfer of data, files, images, text, or audio contained therein. Users may not impute any responsibility or demand payment for lost profits, under loss resulting from technical difficulties or failures in the software, systems or the Internet. Fléien does not guarantee access and continuous or uninterrupted use of the Site. The system may eventually not be available due to technical difficulties or Internet failures, or any other circumstance beyond Success In Chile power; in such cases it will seek to restore the system as quickly as possible, without being possible to attribute any responsibility to Fléien. Fléien will not be responsible for any errors or omissions in the Site.
Fléien is not responsible for any loss or damage that may occur to files that are sent for providing the services, either because of technical problems, or of any other kind. It is the user’s responsibility to back up the information sent for the provision of services.
2. Changes in labor conditions
Fléien is not responsible for any changes that may occur in the offer published by the company in www.fleien.com platform; if a situation of this kind is verified, the candidate must equally fulfill the obligations incumbent upon him according to this contract.
Fléien is not responsible if the candidate expectations are not met, even when they find their cause in an external agent.
4. Migratory processes
Fléien is not responsible in case immigration procedures take longer time than expected by the candidate. It is also not responsible if the candidate does not obtain immigration permits to work in the destination country.
V. Bills and Receipts
Bills and Receipts issued will be generated and sent electronically. It is responsibility of the candidate to have the means for the transmission and reception of these documents.
VI. Candidates Rights
1. Using the web platform
The candidate has right to use the web platform provided by Fléien to apply for jobs published by the various companies. It is forbidden to use the platform for purposes other than the one just stated.
2. Counseling on immigration procedures
Should the candidate be a foreigner who does not possess the immigration and labor documentation required to work in the destination country, Fléien, through a third party provider of legal services, will provide advice for conducting the legal immigration procedures.
It should be borne in mind that this service is merely advisory, so Fléien cannot be held liable if the candidate fails to obtain permits or fulfill the legal requirements to work in the country of destination, whatever the cause may be.
Also, since the service of legal advice provided by a third party, Fléien is not responsible, even secondarily, for damages attributable to this third. Thus, all legal actions arising from negligence or willful misconduct of the third party must be directed against him and not against Fléien.
The candidate is entitled to have his questions and concerns answered in a timely manner. That is why, within the services provided by Fléien, is facilitating the means for these consultations.
Now, the type of assistance to the candidate varies depending on the status of the nomination of the candidate for a job offered by a company. Thus, if the candidate has not yet signed a deal with the company, he is entitled to their queries are resolved by the mean Fléien deems appropriate. However, if the candidate has already signed a deal with a company, he is entitled to be assisted in person by the staff of Fléien.
Also, if the candidate has already signed an offer and is working in Chile (in case of foreigners), he will be entitled, within 30 days of their arrival in Chile, to direct his questions and inquiries towards the staff of Fléien, who will resolved them by the means they deem appropriate.
All inquiries should be directed through the channels indicated by Fléien and must be made meeting the requirements specified by them. Furthermore, attendance, both in person and by other means, is subject to the availability of the staff of Fléien and will take place in the schedule they indicate.
VII. Candidate obligations
1. Pay the price
The candidate must pay the price for the services rendered by Fléien within the next two days of the signing of the offer. The price of the service will be determined according to the income offered by the company to the candidate and may vary between 0.5 to 1.0 Income depending on the costs associated with legal and immigration procedures for the entry of candidate to the country. Such payment may be made by bank transfer, Paypal, checks or any other means, previous agreement with Fléien. If the candidates do not fulfill this obligation, they must pay to Fléien an amount corresponding to the price that of the service provided multiplied by two. This fine must be paid in its equivalent in Chilean pesos.
For payment purposes, the candidate is obliged to inform Fléien that he has signed a job offer with a company contacted through the www.fleien.com platform. Should Fléien becomes aware of this information by other means, the candidate must pay a fine of 300 USD. The fine must be paid in local currency equivalent.
If the candidate did not manage to enter the country for a cause not attributable to Fléien, he likewise must pay the cost associated with the service provided.
The candidate must provide to Fléien the information required for providing the offered service. All information provided by the candidate to Fléien must be truthful and verifiable. For this purpose the candidate guarantees the authenticity of all data provided, obliges himself to update it if necessary and is responsible for all damages that arises from any inaccuracies of the given information.
There will be no refund in case the information provided by the candidate is false or inaccurate.
Also, Fléien is not responsible for damages suffered by the candidate causes by the falsehood or inaccuracy of the information provided by the company. If any damage occurs, the candidate must address all legal actions against the company.
The candidate agrees not to make contact or sign an offer by means other than the platform provided by Fléien with a company that he contacted with the same platform. If the candidate violates this obligation, he must pay the amount of 500 USD to Fléien. This fine must be paid in its equivalent in Chilean pesos.
4. Offer conditions
The candidate is committed to providing Fléien, once contacted the company and formalized the labor relationship, the conditions of the job offered. If this information is not given, Fléien reserves the right not to provide services to the defaulting candidate thereafter. This information must be given to Fléien by any means within 5 business days after the labor relationship with the company has been formalized.
5. Candidate with Chilean nationality
In case of being offered a candidate with chilean nationality, Chilean rut, current or pending chilean visa issued before the date of the offer, the associated cost will be $ 200 USD (two hundred American dolars) per candidate. This sum shall be paid within 30 business days of signing the offer. If this obligation is not fulfilled, the candidate shall pay the amount of 300 USD to Fléien concept of damages. This fine must be paid in its equivalent in Chilean pesos.
6. Simultaneous Applications
In the event the candidate is hired by a company with whom he had contact through the platform Fléien by other means, the candidate must prove that the application by this other mean was made before, or at least simultaneously with the one made in Fléien’s platform. Should the above not be accredited by the candidate, it will be presumed that the application to Fléien preceded any other.
Fléien reserves the right to modify the costs associated with the services provided according to the variations that the operating costs may experience.
IX. Subsidiary Rule
If the candidate fails to fulfill any clause in the present contract that doesn’t have any specific penalty associated, Fléien reserves the right not to provide services to that candidate thereafter.
X. Jurisdiction and Applicable Law
This agreement shall be governed by the laws of the Republic of Chile. Any dispute that arises from it, as any controversy on its existence, validity, interpretation, scope or compliance will be subject to the applicable laws and competent courts of the city of Santiago of Chile. All procedures that arise from this agreement shall be conducted in Spanish.