MAIN POINTS OF OUR TERMS of SERVICE (“ToS”)
Only our full ToS (as set out below) have contractual value. However, we have summarized the main points to get you a quick understanding of our services:
1- Our Mission
Providing online service to establish a labour relationship between the Companies and Candidates regards to software sector through the website “ coderspace.io ”.
2- Charge of our services
- Access to the website “ coderspace.io ” is free of charge.
- The service provided by CODERSPACE is free of charge for Candidates.
- CODERSPACE invoices service charges to a Company/Recruiter only when the Recruiter and Candidate sign an agreement.
- Our service charges on a case-by-case basis.
3- The deserved ratio by CODERSPACE
CODERSPACE shall issue an invoice to the Recruiter 12% of the Candidate’s gross annual remuneration outright, on the date on which the Candidate starts actually to work .
4- Obligation to inform CODERSPACE
As a Recruiter using our website “ coderspace.io ”, in the event that you sign any Agreement with a person registered on the Website within a period of 12 (twelve) months following your exchanges on our Website, you shall agree to inform CODERSPACE of the details governing the agreement and to provide a copy of it, in order that service charges can be invoiced.
OUR FULL ToS
- “ Web site ” shall mean the website providing services at coderspace.io ;
- “ User/Candidate ” shall mean any Software Developer who (after subscribing through the Site) will be assessed by CODERSPACE based on certain screening criteria in line with the Company’s needs for the purposes of being interviewed by the Company and employed by the Company if the Company’s requirements are met;
- “ Company/Customer/ Recruiter ” shall mean any Company that is a legal entity duly incorporated and will interview the User identified on the Website of CODERSPACE and will be able to provide (but does not guarantee) employment;
- “ Service ” shall mean the service provided by CODERSPACE for the purposes of establishing a match between the Company and the User - identified through the Site by CODERSPACE’s referral in accordance with the pre-determined needs of the Company - with respect to the position suitable for the User.
- “ Profile ” shall mean all content (information and any file including photos, curriculum vitae, etc.) published by a Candidate or by a Recruiter in order to present itself and to interact on the Website.
2- Scope of the Services
2.1. CODERSPACE is a consultancy platform for Software Developers and operates the website “ coderspace.io ” in order to provide services such as offering consultancy services through the Website to Users qualifying in the development of software/codification, determining the skill levels of Users by applying various tests, identifying suitable employee profiles meeting the needs of Companies through the Website and arranging job interviews between the Company and any User being a candidate for the position.
2.2. The subject matter of hereby document is the determination of the terms and conditions relating to the provision of consultancy services provided by CODERSPACE with respect to selection and assessment to be carried out by a Recruiter for any positions that the Recruiter may require from time to time and in this respect, the regulation of the rights and obligations of the Parties with respect to such Service.
3- Registration and Hiring Process of the Recruiter
3.1. Registration for the Service is free. However, using Service by the Recruiter according to the conditions set out in hereby Terms of Service will be charged.
3.2. At the time of your registration, you will be asked to create an account and to complete your Profile, by providing the following information
(which will also be made available to Candidates):
- the intended start date and intended duration of the work;
- the position and type of work the successful Candidate will be required to do;
- the location at which the successful Candidate will work and the hours of work expected of them;
3.3. When you create an account on the Website, CODERSPACE shall require that you verify your identity by sending a confirmation e-mail to your e-mail address which is given while creating a User profile on the Website.
3.4. In order to ensure the reliability of the Service, you shall undertake, upon your registration (i) to provide only information about your situation which is accurate, given in good faith and up-to-date, and to provide your true identity (ii) never to hold more than one account on the Website.
3.5. After Registration, CODERSPACE will conduct a review of your Profile and may request, if it considers it necessary, any document which would enable it to verify that the information entered in your Profile conforms to the reality. Failure to respond to such a request from CODERSPACE can justify refusal to register the Recruiter and as its conclusion user account of Recruiter from the Website could be deleted. Apart from this whole process, CODERSPACE also reserves the right, at its sole discretion, to accept or refuse any request for registration in any manner on the Website.
3.6. After registering and completing your Profile, the Service will enable you to have access to and review Candidates’ Profiles online on the Website as well as to create one or more searches to specify the type of Candidate you are seeking. You will be able to make Interview Requests to Candidates who have caught your attention. Any Interview Request is required to include (i) the type of Agreement envisaged (employment contract, service agreement) (ii) a description of the role and (iii) the remuneration proposed. These Interview Requests simply constitute an invitation to enter into dialogue, without contractual value.
3.7. The Recruiter undertakes only to communicate with the Candidate via the Website, until acceptance of an Interview Request by the Candidate.
3.8. If the Candidate is interested in the Interview Request and accepts it, a standard recruitment process begins which can include one or more interviews, whether conducted in-person or remotely.
3.9. As of such acceptance, Candidates and Recruiters will have the possibility to use other means of communication. However, using other means of communication by the Candidates and Recruiters doesn’t mean the contribution of CODERSPACE to the process is no more needed.
3.10. Only the conclusion of an Agreement between Company and a Candidate will create mutual obligations; information must then be transmitted to CODERSPACE in accordance with Provision 4 of ToS and Service Charges will be payable, in accordance with Provision 5 of these ToS.
3.11. Finally, it is hereby stipulated that the terms of the Agreement (remuneration proposed, duration, job title, position in the Company etc.) shall be freely discussed by the Candidate and the Recruiter, without CODERSPACE’s involvement in this discussion.
3.12. Upon hiring the Candidate, the Recruiter shall be solely responsible for carrying out all official and legal obligations required in relation to the administration and with regard to the Candidate.
3.13. The Recruiter must ensure that the nationality of the Candidate is suitable for the seeking position in its business, and carry out all the required steps when a valid work permit is necessary for the current position.
3.14. The Recruiter shall agree, declare and undertake not to use the Website to find a Candidate and subsequently to sign an Agreement independently of the Website, whether with the aim of avoiding payment of CODERSPACE’s Service Charges in relation to the provision of services by CODERSPACE or for any other reasons. Failure to do so exposes the Recruiter to liability for payment of additional costs, as provided in Provision 5 of these ToS.
3.15. The Recruiter also undertakes (i) not to disclose to third parties, or publicly, the names and identities of the Candidates whose Profiles it has found during the Recruitment Process and (ii) to take the necessary physical, technical and administrative measures to protect the content obtained through the Website against loss, improper use, unauthorized access, disclosure, alteration or destruction. The Recruiter also accepts, declares and undertakes to conform to the provisions stated in GDPR and take the necessary measures in order to secure the personal data of the Candidates.
3.16 . Once a Candidate has been viewed by a Company in the detailed view on the Website it is considered to be introduced by CODERSPACE (“Introduction”) . If the Candidate and the Company had been introduced in the past 3 (three) months before the Introduction directly or by a third party, the Company must inform CODERSPACE within 3 (three) days following the day of Introduction in writing and submit substantive materials such as prior correspondences etc. showing the prior Introduction. Unless the Company does not inform CODERSPACE within 3 (three) days following the day of Introduction, the Candidate is considered to have been introduced by CODERSPACE. A Candidate is considered to be already introduced directly or by a third party when there is a written communication concerning the Candidate with a clear identification of the Candidate and the Company and with a clear identification of the opportunity to hire the Candidate. If CODERSPACE finds the submitted materials sufficient in order to be proved the prior Introduction, CODERSPACE’s Service Charges for this specific Candidate shall not be payable under the terms set out in these ToS.
3.17. The Recruiter hereby agrees that in any other case (other than settled in the Article of 3.16.) in which a Candidate is hired through the Website, CODERSPACE’s Service Charges shall be payable.
4- Obligation to inform CODERSPACE by the Recruiter
4.1. As a Recruiter who benefits for itself using our services provided through our Website, in the event that you sign an Employment Contract, a Service or Sub-contracting Agreement, or an agreement of any type intended to govern the performance of a service in return for payment of remuneration, whether permanent or of a fixed term, with a registered Candidate within a period of 12 (twelve) months following your exchanges on our Website, you hereby accept the following:
(i) To inform CODERSPACE, immediately and without delay, of the date of signature of the Agreement (and to notify CODERSPACE in case of any modification),
(ii) To provide CODERSPACE with a copy of the Agreement or of confirmation of employment (letter, email) or even to draw up a document between the Candidate and yourself specifying the main conditions of the agreement (remuneration, duration, etc.),
(iii) To inform CODERSPACE, immediately and without delay, in the event that you cease to be contractually bound by the Candidate within eighteen (18) months following the date of signature of the Agreement , irrespective of the reason.
4.2. As of the Candidate’s date of employment, the responsibility of CODERSPACE with respect to the Candidate will commence for a period of 2 (two) months . In case the successful Candidate requests voluntary redundancy or his/her employment agreement is terminated by the COMPANY due to not being pleased with the Candidate as a result of lack of performance or the resignation of the Candidate during the aforementioned period, the Company must inform CODERSPACE about the current situation within 3 (three) days as of the date of termination of the employment contract of the Candidate. In such case if an invoice was issued by CODERSPACE due to Service and payment was made by the Company, CODERSPACE will return the already paid invoiced amount to the Company within 2 (two) weeks as of the date of notification of the termination by the Company. In any manner, for the return payment by CODERSPACE, the Company must inform CODERSPACE within 3 (three) days as of the date of termination of the employment contract of the Candidate. CODERSPACE will have no liability and will not be obliged to make any other payment regardless of the name under which other than the return payment to the Company.
Nevertheless, the Company is obliged to submit a document confirming the Candidate’s removal from staff’s list such as resignation letter etc.
In such case, the Candidate has not concluded with the Company, one of its subsidiaries, or another company in the group, a service or sub-contracting agreement or any other agreement governing the performance of a service in return for remuneration. If such situation is detected by CODERSPACE, CODERSPACE reserves the right to take necessary legal action in order to indemnify its all kinds of lose, damage etc.
4.3. If the Company prefers to re-initiate the process of the Service instead of return payment, CODERSPACE shall performance the service without requesting any additional payment for once and from the beginning. In case the process is re-initiated on a one-time only basis as regulated hereunder and there is a salary difference between the first Candidate and the Candidate subject to the second process, such difference may be reflected to the Company by CODERSPACE.
4.4. If the Recruiter fails to inform CODERSPACE of the recruitment of a Candidate registered on the Website within 14 (fourteen) days of the earlier of the following two dates:
– date of signature of the contract;
– date on which the Candidate starts actually to work within the Company (employment date) or start date of services carried out by the Candidate (service or sub-contracting agreement),
Service Charges will be invoiced in the sum of up to 20.000-USD such sum being payable outright as a penalty, from the date on which the Candidate starts actually to work within the Company. In such case, CODERSPACE also reserves the right to suspend or delete Company’s account on the Website without any prior notice and any indemnification.
5- Service Fee
5.1. By accepting the ToS, the Recruiter undertakes to pay the Service Charges where they apply, in accordance with these ToS.
5.2. CODERSPACE’s Service Fee will be payable in full by the Recruiter in the following cases:
- If a Candidate identified through use of the Website enters into an Agreement within twelve (12) months of its last exchange with the Recruiter on the Website;
- If the Recruiter introduces the Candidate to another individual/company, irrespective of whether it is a third-party and whether or not it is affiliated to its company, within twelve (12) months of their last exchange on the Website;
- If the Candidate introduced by CODERSPACE is not selected by the Recruiter or does not accept the Agreement proposal issued by the Recruiter and subsequently it does enter into an Agreement with the Recruiter for such role or any other role, whether through an employment contract, a service or sub-contracting agreement or any agreement intended to govern the performance by the Candidate of a service in return for remuneration, within twelve (12) months following their last exchange on the Website,
In any case, except in a specific case as specified hereunder, CODERSPACE’s Service Charges shall be payable, regardless of whether a trial period is specified.
5.3. The Company is obliged to pay the invoices issued by CODERSPACE within 14 (fourteen) days of the date of the invoice , the amount being calculated according to the type of contract concluded.
5.4. CODERSPACE’s Service Charges shall be calculated based on a percentage of the gross annual remuneration. The Gross Annual Remuneration refers to the fixed gross annual remuneration, the entire variable portion of remuneration, as well as any bonus, annual premium or other advantage constituting all the components of the Candidate’s salary.
5.5. The payment shall be made by the Recruiter via bank transfer to the bank account of CODERSPACE stated on the Website as follows;
The Recruiter shall pay a sum amounting to 12 % of the Gross Annual Remuneration specified in the employment contract(s) of the hired Candidate, on the date on which the Candidate joins the Recruiter’s staff’s list.
5.6. Once CODERSPACE becomes aware that any kind of Employment Agreement with the Candidate has been concluded, the Recruiter will receive an email with a link to a questionnaire enabling to fill in the information asked for. When this information has been provided and the contractual documents referred in the provision 4.1. of hereby ToS have been provided, the Company will receive an email summarizing the following items; (i) Candidate’s Gross Annual Remuneration, (ii) date on which the Candidate joins the Recruiter and (iii) percentage of the Gross Annual Remuneration which constitutes the Service Charges.
The Company is required to confirm the accuracy of this information within 7 (seven) days by clicking on the button “I confirm”, incorporated in such email.
5.7. In the absence of a response to such email within 7 (seven) days, the above-mentioned items will be deemed accurate and confirmed by the Company. It will no longer be possible to modify invoicing preferences.
5.8. Finally, in the absence of a response to the questionnaire within 7 (seven) days, CODERSPACE reserves the right to issue automatically an invoice in accordance with the information in its possession, without any possibility of further modification.
5.9. Any disagreement by the Recruiter concerning the invoicing of Service Charges must be notified in writing to CODERSPACE by registered mail within 7 (seven) days of the date of issue of the invoice, setting out full details of any dispute. In the absence of such a notice, the Recruiter will be deemed to have accepted the invoice issued.
5.10. CODERSPACE reserves the right to modify at any time its rates and invoicing methods, after having updated these ToS and having informed you by electronic mail or through the Website.
6- Failure of any Payment and/or any Obligation arising from hereby ToS
6.1. In the absence of payment within fourteen (14) days, the sums owed by the Company to CODERSPACE will automatically and without prior formal notice give rise to monthly late charge amounting to the 5% above the amount settled in the issued invoice. In addition to late charge, CODERSPACE may also request the payment of the commercial default interest.
6.2. CODERSPACE reserves the right, in the case of non-payment by the Recruiter of one of the invoices issued by CODERSPACE, to suspend or even to delete its access to the account or to the Service, until full payment of the sums owed.
6.3. In general, in the case of a breach by a user of one of its obligations specified in these Terms of Service, CODERSPACE reserves the right to suspend or delete its account and its capacity to use the Service at any time, automatically and without judicial formality, after sending by e-mail or postal service a formal notice to which there has been no response in a period of seven (7) calendar days of its receipt.
7- Rights and Obligations of CODERSPACE
7.1. CODERSPACE has no liability unless otherwise specified in these ToS with regards to performance, personality characteristics, the productivity etc. of the Candidate. The Company makes the hiring interviews at its sole discretion, and the only role of CODERSPACE in this relationship is solely to bring together the Company and the Candidate via the Website. Therefore, CODERSPACE shall not under any circumstances guarantee the conclusion of Agreements between Candidates and Recruiters. It is in the Recruiters’ responsibility to carry out an investigation or to employ all reasonable endeavours to verify the attributes, experience and references of the Candidates.
7.2. More generally, CODERSPACE cannot be held responsible for any damage, whether direct or indirect, resulting from any communication, interaction, relation, agreement or dispute between Candidate and Company. In particular, CODERSPACE, which is not party to the Employment Agreement, cannot be held liable in the event of non-performance, poor performance, or termination of the Agreement by the Company or the Candidate, regardless of whether or not CODERSPACE receives Service Charges under the Agreement.
7.3. CODERSPACE in a regular basis, thoroughly examines the content published on the Website by the users and reserves the right to screen, modify, suspend or delete without notice any account linked to a Profile containing inaccurate information. In spite of this, it doesn’t result that CODERSPACE guarantees the accuracy of such content and information.
7.4. CODERSPACE does not guarantee under any circumstances that it will conduct any investigation into the experience claimed by the Candidates, or the information and content provided by the Candidates.
7.5. The Company shall not hold CODERSPACE under any circumstances responsible on the basis of information and content which may be found to be incorrect or unlawful.
7.6. These ToS only relates to the provision of services by CODERSPACE to the Company executing this ToS as a Party thereof and in case the subsidiaries, group companies or other related companies of the Company require the same services, new agreements will be executed by and between CODERSPACE and such companies.
7.7. In case a Candidate or a Company fail to satisfy any of its contractual or legal obligations to CODERSPACE, other users of the Website (including other Candidates or Recruiters), or its own clients or any other relevant person or organisation as set out, mentioned or alluded to in these ToS, CODERSPACE will have no liability for any such breaches by the Company and/or the Candidate, or any relevant breaches by CODERSPACE as a result (including, without limitation, relating to the Regulations, data protection, background checks on Candidates etc.), and the Company and/or the Candidate hereby indemnify CODERSPACE and keep CODERSPACE indemnified on a continuing basis against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs or loss of interest) suffered by CODERSPACE in connection with any such failure by a Candidate and/or a Company as set out above.
8- Website Using Rules and Intellectual Property
8.1. Any user using our Website must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful and additionally must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. Any user using our Website must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, your right to use our Website will cease immediately.
8.2. CODERSPACE will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
8.3. By using the Website, the Company will not violate any applicable legal provisions such as the criminal code or third party rights and the Company assures not to contribute or transmit any illegal or immoral contents to the Website. This includes specifically any contents (including member names, etc.),
- which are, false, inaccurate or misleading;
- which are, insulting, racist, sexist, pornographic or obscene;
- which can damage the reputation of CODERSPACEt;
- suitable to violate copyrights, patents, brands or any other intellectual property rights, the rights on a person's own image and other personal rights or third party rights.
If CODERSPACE is informed or considers that a user of the Website or a content does not comply with the law or these ToS, CODERSPACE reserves the right to delete all or part of the Profile or the contentious content, and/or to suspend or delete the user’s account from the Website, and/or to moderate any contentious content without prior notification.
8.4. The Company is not permitted to disseminate commercial advertising for third party products or programs, to send unsolicited mass mails and unsolicited advertising on the Website. The Company will honor the privacy of third parties. In addition, the Company is not permitted to disseminate on the Website unauthorized any third party work that is protected by copyrights or other rights. Moreover, the Company is not allowed to refer to offers with such content.
8.5. CODERSPACE’s company trademark, all other trademarks, whether figurative or not, illustrations, images, texts, commentaries and logos on the Website, regardless of whether they are registered or not, the general structure of the Website, as well as software texts, still or moving images, know-how, designs, illustrations, database and any other elements of the Website are and will remain CODERSPACE’s exclusive property.
8.6. The same applies to any copyright, design, model and patent which are the property of CODERSPACE. Any reproduction in whole or in part, modification, removal or use, for any reason and on any media whatsoever, without CODERSPACE’s express prior agreement, is strictly prohibited.
8.7. CODERSPACE shall hold any and all intellectual property rights relating to candidate resumes, employment suggestions and information as well as documents and information such as comments, reports, analysis, etc. pertaining thereto collected and transmitted to the Company by CODERSPACE for the Company’s use. Therefore, such information cannot be published or duplicated partially or as a whole internally or outside the company except for the COMPANY’s relevant department or be accessible by third parties other than the relevant COMPANY employees via computer, without the prior written consent of CODERSPACE.
9- Confidentiality and Protection of Personal Data
9.1. The Company is obliged to process personal data submitted in accordance with all applicable data protection regulations and to delete personal data as soon as the data is no longer necessary for the respective purpose or legal deletion periods have expired. The Company is also not allowed to transfer personal data of Candidate to third parties other than those covered by Data Processing Agreements.
9.3. Both the Company and CODERSPACE shall keep any and all disclosed information and documents including but not limited to production processes or operation methods relating to trade secrets or information and documents deemed confidential by the relevant Party, confidential and proprietary during and/or after the term of these ToS. The Parties will not use, duplicate or disclose any Confidential Information to third parties outside the scope of performing their obligations arising from these ToS. Regardless of the grounds for termination, this provision will survive the termination of the relationship between the Parties for an indefinite period; otherwise, a Party violating the confidentiality of the other Party agrees, represents and undertakes to compensate any existing and future damages incurred by the Party subject to the confidentiality violation in full and in cash upon first demand of such Party.
9.4. Both the Company and CODERSPACE agree and undertake that any and all information acquired directly and/or indirectly within the scope of these ToS from the other Party with respect to their employees, customers and/or third parties they are engaged in a business relation with as well as inventions, work, methods, digital data, progress and patents, copyright, trademark, trade secret or other innovations (even if such are not subject to legal protection) and any information providing the other Party a competitive advantage as well as any opinions that might cause their performances to be perceived negatively and any proprietary information, document, design, features, financial information, know-how, pricing, service and technical records including their product and service promotions, preliminary work, project work and job interviews that they have obtained or will obtain, information about individuals employed by the relevant Party, existing or planned products, computer programs, source codes, embedded software and any copies thereof shall be deemed as ‘Confidential Information’ within the scope of these ToS and to protect such confidential information is strictest confidence, refrain from disclosing such information to any third party in any manner whatsoever, not to transfer or otherwise transmit and directly or indirectly use such information outside the scope of these ToS. Otherwise, the Party violating this provision will compensate any and all damages incurred or to be incurred by the other Party immediately upon first demand in full and in cash without being subject to any other order, warning and/or notice requirement.
10.1. Any user reserves the right, at its sole discretion, to request at any time the deletion of its account from CODERSPACE.
10.2. The conditions of CODERSPACE’s termination rights are settled in the Provision 6 of these ToS.
10.3. Either CODERSPACE or Company’s termination will give rise to the immediate deletion of any content that you submitted to CODERSPACE, without providing the basis for any claim by the user. Notwithstanding such termination, the provisions of these ToS, in relation to the period prior to the termination, will continue to apply.
11- Force Majeure
11.1. CODERSPACE shall not be liable to the Company for the failure to fulfil or delay in fulfilling its obligations arising from the ToS due to reasons beyond its control which is indicated in hereby ToS as force majeure case.
11.2. For the purposes of these ToS, “force majeure” is defined as any circumstance not within CODERSPACE’s reasonable control including, without limitation such as acts of God, fire, explosions, civil war, uprisings, civil commotion, declaration of mobilization, strike, lockout, epidemics or pandemics (i.e. force majeure events), directly rendering the performance of its contractual duties impossible and/or preventing the activities CODERSPACE within the scope of these ToS for the duration of such reasons. In such case CODERSPACE shall immediately notify the Company in writing or via e-mail about the occurrence thereof as well as its effects and estimated duration and shall carry out any and all transactions foreseen for the purposes of eliminating the adverse effects of the Force Majeure event, the performance of the duties as before and complying with its undertakings as soon as possible. In case a force majeure event foreseen under this provision occurs, the services indicated in hereby ToS and provided generally on the Website shall continue to be enforced as of the date on which the force majeure event is no longer applicable. If the performance of the Service in accordance with these ToS or any of CODERSPACE’s obligations under these ToS is prevented, limited or disrupted due to a case of force majeure longer than 1 (one) month, CODERSPACE will be released from performance of the contractual obligations concerned.
12- Transfer and Assignment
12.1. CODERSPACE is entitled to transfer and assign any and all rights, receivables and/or obligations arising from these ToS to third parties (real persons or legal entities) for a definite term or indefinitely.
12.2. The Company shall not transfer or assign its rights, receivables or obligations arising from these ToS (irrespective of their nature or form) to third parties (real persons or legal entities) without prior written consent of CODERSPACE.
13- General Provisions
13.1. In providing the Service under these Terms of Service we understand that we are an employment agency whilst the Service remains relevant to the Regulations but we are not an employment business. Nothing in the ToS shall render us as an employment business. We do not contract with you or the Candidates directly in respect of the work that you require Candidates to perform. We merely provide the Service and it is between you and the Candidate at your respective risk to contract with each other about any such work. Further, nothing in these ToS shall render your or our employees or other staff as an employee, worker, agent or partner of the other and they shall not be held out as such.
13.2. CODERSPACE reserves the right to freely sub-contract all or part of the services assigned to it under these ToS.
13.3. Third-party internet sites or third-party services may be available and linked on the Website. The Company is aware that CODERSPACE has no power of control over these third-party internet sites or their content. The publication of links to such other internet sites does not indicate under any circumstances that CODERSPACE approves such sites or the contents, products or services which they propose.
13.4. Unless otherwise agreed, CODERSPACE holds the right cite the name of any Recruiter registered on the Website in any document, whether in electronic or other form, as a reference.
Should one or several of the provisions of these ToS be or become invalid or should loopholes exist, the validity of the remaining provisions shall not be affected. The parties shall alter or supplement the ToS wherever it is invalid or contains loopholes in the way that they would have done had they originally been aware of the invalidity or loophole.
15- Non - Waiver
15.1. The failure by a party to complain of any act or omission on the part of the other no matter how long the same may continue, shall not be deemed to be a waiver at any time, expressed or implied, of any breach or attempted breach of these ToS and shall not be deemed a consent to or approval of an other action on the same or subsequent occasion.
15.2. Unless formally agreed in writing by CODERSPACE, no specific term can take precedence over these ToS. Any contrary term raised by a User will therefore, in the absence of express acceptance, be unenforceable against CODERSPACE, regardless of when it may have been brought to its attention.
16- Governing Law and Resolution of Disputes
16.1. Hereby Terms of Service shall be construed and performed in all respects in accordance with and governed by Turkish Law.
16.2. The Company irrevocably accepts, declares and undertakes to the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and enforcement Courts in the settlement of disputes arising from these Terms of Service.
17- Changes and Notification
17.2. Every new version of ToS shall be replaced CODERSPACE’s previous ToS.
17.4. Any and all notices to be sent within the scope of this Agreement shall be sent to the addresses of the Parties indicated on the Website via notary public or certified mail (with return receipt requested) and any changes relating to the said addresses shall be notified to the other Party immediately as of the date of such change. Otherwise, notifications sent to the former address shall be effective and bear the legal consequences of a valid notification. In addition, CODERSPACE has the right to prefer Company’s e-mail address in order to send a notification.
18- Interruption of Access to the Service
18.1. CODERSPACE may restrict access to the Service at any time, if required for network security, maintenance of network integrity and the prevention of severe malfunction of the network, the software or stored data. The Company’s rights in case of intent or gross negligence remain unaffected.
18.2. In any case, CODERSPACE reserves the right to make any modifications at any time of any kind whatsoever to the Website’s content.