Last updated as of 09/28/2022.
Welcome to Refer.Dev! Our goal is to provide an environment for matching the best specialists and interesting projects. To make your experience enjoyable, we kindly ask you to respect other users and visitors of our Platform and the Platform itself.
We encourage you to review these Terms of Use (“Terms”) carefully. All use of the Platform and any information and content included therein is subject to the terms and conditions set forth herein. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY (1) THESE TERMS, (2) RESPECTFUL USER AGREEMENT AND (3) OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE PLATFORM. THE HEADINGS CONTAINED IN THESE TERMS ARE FOR REFERENCE PURPOSES ONLY.
1. General
1.1. Definitions
“Platform” shall mean the online service Refer.Dev located on the website https://refer.dev/, including its subdomains through which you may obtain Services on the terms hereof.
“Vacancy” shall mean an announcement on the search for service providers to participate in the Customer’s project, which contains requirements to a Specialist and terms of a Reward payment.
“Specialist” shall mean a person who is a specialist in a certain area and whose contact details and CV are provided in a relevant Recommendation.
“Customer” shall mean an individual entrepreneur or legal entity who signs up to the Platform to place Vacancies and receive other Services.
“Recruiter” shall mean an individual who is authorized by the Customer to act on its behalf.
“Seeker” shall mean collectively the Customer and Recruiter.
“Referrer” shall mean an individual, individual entrepreneur or legal entity who signs up to the Platform to provide Recommendations and receive other Services.
“Recommendation” shall mean a recommendation containing contact details and CV of a Specialist provided by the Referrer under certain Vacancy.
“Successful Recommendation” shall mean a Recommendation that is accepted by the Seeker and under which a Reward is due in accordance with Vacancy terms.
“Account” shall mean a unique account established by you to enable access and use of the Platform and Services.
“Reward” shall mean a remuneration to the Referrer for Successful Recommendation.
“Visitor” shall mean a person who simply surfs the Platform without creating an Account.
1.2. Who We Are?
The Refer.Dev (“Platform”) located at https://refer.dev/ is owned and operated by DomainOptions, Inc., registered and acting under the laws of, Nevada, USA, and its authorized representatives and vendors (collectively “we”, “us”, “our”, or Refer.Dev).
1.3. Parties to These Terms
These Terms govern the relationship between us and you (“you”, “your”) whether you merely look through our Platform as the Visitor, sign up as the Customer or Recruiter, or sign up as the Referrer.
Please be aware that if you act as the Customer/Recruiter, or the Referrer, you are bound by the Customer Agreement or Referrer Agreement accordingly. You should review these documents to familiarize yourself with details on our cooperation prior to registering an Account on the Platform and using our Platform and Services.
1.4. Changes and Revisions
We reserve the right, at our sole discretion, to modify, amend or replace these Terms at any time by posting a revised version on the website or by sending a notice to the email address associated with you.
Continued use of the Platform and Services after changes have been posted will indicate your acknowledgement and agreement to be bound by the revised Terms. We will make a reasonable effort to inform you of such changes, but it is your responsibility to review these Terms periodically for changes.
2. What Will You Get?
2.1. Services
We offer you access to the functionality of the Platform (“Services”) on the terms of these Terms and the relevant User Agreement.
When you visit the Platform as the Visitor, you may:
- get acquainted with the Platform content that is available without signing up;
- browse and filter Vacancies posted on the Platform.
When you use the Platform as the Customer or Recruiter, in addition to functionalities available for the Visitor, you may:
- post a Vacancy;
- communicate with Referrer who provides you with a Recommendation;
- accept or reject a Recommendation.
When you visit the Platform as the Referrer, in addition to functionalities available for the Visitor, you may:
- provide Recommendations to Customers and Recruiters;
- communicate with the Customer or Recruiter on the terms of a Reward;
- get a Reward for a Successful Recommendation.
2.2. License
All rights, title and interest in the Platform and in connection with the Platform and Services are owned by us, our licensors, affiliates, or designated third parties, if any.
We hereby grant you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use our Platform and its functionality for your benefit only, by personal (if applicable), non-commercial use subject to these Terms and the Customer Agreement or Referrer Agreement (where applicable). This license does not include any right to resell Services, or otherwise make the Services available for third parties.
2.3. Changes to the Platform
We reserve the right, at our discretion, to change, modify, discontinue, or temporarily suspend the Services, impose limits on certain features of the Platform and Services at any time without prior notice.
Access to the Platform and/or Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- servers, networks, hardware failure (including your own device), telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, court decisions or other external intervention; or
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
3. How Can You Access and Use Our Platform and Services?
3.1. Eligibility
To access or use the Platform and Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions hereof. If you use our Platform as a Referrer, you represent and warrant that you comply with applicable tax laws and with all tax obligations, including that you have a TIN.
You must be at least the age of majority in the country where you live to use the Platform and Services. Please do not use the Platform if you are under 16 years of age unless your parent or guardian is involved and consents to your use of the Platform.
If you’re using the Platform on behalf of a legal entity, you represent and warrant that you have the right and authority to enter into these Terms on that entity’s behalf and bind it to terms and conditions hereof.
3.2. Creation and Maintenance of Account
- Account Registration. Access to most functionalities of the Platform and our Services will require you to register with us and to create an Account on our Platform as the Customer, Recruiter or Referrer. Account registration is free of charge.
- Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your Account. You are also responsible for all activities that occur in connection with your Account. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account.
- Closing Your Account. You may delete your Account in Account settings at your discretion, or request to close your Account at any time. Upon Account closure, we will delete all your personal data unless otherwise legally prohibited or required. You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed.
When you register as the Recruiter, you shall indicate the Customer on whose behalf you are acting in order to link your profiles.
You shall provide reliable, complete and accurate information during registration and keep your data up to date and complete. You are obliged to make appropriate changes to the Account information within three calendar days after your data changes (e-mail address, phone number, etc.). We reserve the right to change the registration form and add a new field, accordingly to require you to provide additional information to us.
We may delete or block your Account at our sole discretion if we believe that you violate these Terms, Customer Agreement or Referrer Agreement or any applicable laws and regulations.
3.3. Vacancies
When you post a Vacancy, you acknowledge and agree that all information provided in a Vacancy is accurate and up-to-date and are solely responsible for any concerns that may arise in connection with a Vacancy.
The Recruiter guarantees that it has all the rights and permissions to use any brand names, trademarks, service marks and other intellectual property attributes of the Customer the Recruiter represents.
When you post a Vacancy, you shall indicate a Reward the Referrer will get and the conditions a Reward is due. These may include:
- a Specialist attends an interview or other form of verification of its skills;
- a Specialist accepts an offer to provide services to the Customer;
- a Specialist successfully passes a probation period (up to 3 months) of services provision, etc.
You may communicate on the terms of a Reward with the relevant Referrer in a Vacancy message thread and amend a Vacancy accordingly.
After receiving Recommendation(s) on a Vacancy, you shall update Recommendation status and keep it up to date.
Detailed terms on Vacancies are included in the Customer Agreement.
3.4. Recommendations
- Providing a Recommendation
The Referrer provides a Recommendation by submitting it to the relevant Vacancy. When you act as the Referrer, at the time you submit a Recommendation you may decide whether to make contact details of the relevant Specialist accessible to the Seeker or to discuss the Vacancy details first.
Detailed terms on Recommendations are included in the Referrer Agreement.
- Personal Data Guarantee
- use the Platform and Services in a way or manner that
- violates any applicable law, statute, regulation, bylaw, internal company policy or ordinance or breach these Terms or any other agreement or policy you have with us;
- violates or infringes upon, or otherwise misappropriates, the intellectual property rights, rights to privacy, reasonable expectation of privacy, or any other rights of anyone else;
- is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- violates the security of any computer network, or cracks any passwords or security encryption codes.
- use the Platform and Services in connection with any commercial endeavors except as provided herein;
- license, sub-license, sell, re-sell, rent, lease, transfer, distribute or otherwise make any portion of the Services available for access by third parties except as otherwise expressly provided in these Terms;
- modify, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about the Platform or any of Services or technologies except as expressly permitted elsewhere in these Terms, unless and then only to the extent permitted by applicable law without consent;
- collect data from Refer.Dev through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity in the Platform;
- use or attempt to use any scraper, robot, bot, spider, data mining, or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Platform;
- use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Platform or to surreptitiously intercept or expropriate any system, data or personal information from the Platform;
- violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems or networks connected to any server associated with the Platform;
- falsely state or otherwise represent an affiliation with a person or entity;
- attempt, in any manner, to obtain the login credentials, or other security information from any other user of the Platform;
- take or attempt any action that, in the sole discretion of Refer.Dev, imposes or may impose an unreasonable or disproportionately large load or burden on the Platform or our infrastructure.
- transfer a Reward to the Platform under the terms of the Customer Agreement.
- pay the Platform a remuneration in the amount and on terms stated in the Customer Agreement.
The Referrer acknowledges and agrees that the fact a Recommendation includes personal data of a Specialist imposes additional obligations on the Referrer as to the maintenance of such data.
The Referrer represents that it has obtained the consent of the relevant Specialist to disclose his/her personal data to the Customer, Recruiter and the Platform. The Referrer shall be able to prove the consent of the Specialist has been obtained, on our request.
In the case we believe the Referrer has provided a Recommendation without the prior consent of the relevant Specialist, or receive a reasonable justified claim from any Specialist about infringement its privacy by the Referrer, we will immediately delete such Specialist’s personal data and reserve the right to block or delete the infringing Referrer’s Account and suspend its access to the Platform and Services.
The Referrer assumes all risks associated with personal data it discloses and agrees to hold us harmless from any related claims.
3.5. How You May NOT Use Our Platform?
While accessing our Platform and using our Services, you agree that YOU SHALL NOT:
You may file a complaint on actions of other users if he or she violates these Terms via the “Contact Us” form.
Refer.Dev may suspend any use of the Services, or delete or block any Account or content that Refer.Dev reasonably and in good faith believes violates these Terms. Illegal and/or unauthorized use of the Platform and Services will be investigated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
3.6. Platform Status
WE ARE NOT THE PARTY OF ANY CONTRACT BETWEEN CUSTOMER AND SPECIALIST NOR PROVIDE ANY INTERMEDIARY SERVICES TO ANY PARTY. WE DO NOT APPOINT, SUPERVISE OR OTHERWISE PARTICIPATE IN THE INTERVIEW PROCESS. WE ARE NOT A RECRUITMENT AGENCY OR A COMPANY OF ALIKE NATURE. WE ACT SOLELY AS A PLATFORM THAT PROVIDES FUNCTIONALITIES TO POST VACANCIES AND SEND RECOMMENDATIONS.
We do not provide any guarantees that your Recommendation will be accepted or that you will get a Reward.
We do not precheck or verify any Vacancy or Recommendation and are not responsible for their content. We do not conduct background checks or otherwise vet the Specialist who the Referrer recommends. We reserve the right to delete or require you to amend any Vacancy when we believe it is violating these Terms, Customer Agreement or is otherwise inappropriate.
4. Payments and Rewards
4.1. When You Post a Vacancy
When you post a Vacancy, you shall indicate the amount of a Reward payable to the Referrer and the conditions under which such Reward is to be transferred, and therefore acknowledge and agree to pay us remuneration as specified herein and in the Customer Agreement.
Upon the occurrence of the conditions under which such Reward shall be transferred are met, the Customer undertakes to:
Our remuneration is not included in a Reward and shall be paid separately.
4.2. When You Provide a Recommendation
Please be aware that you are not paid a Reward at the moment you upload a Recommendation. You understand and agree that the publication of a Recommendation to a Vacancy is not a guarantee that the Seeker will accept it and that you will get a Reward.
The Reward is transferred to your Account balance only upon the occurrence of the conditions of a relevant Vacancy under which such Reward is due. If such conditions never happen, you will not get a Reward.
The Seeker determines the conditions under which a Reward is due, at its own discretion.
Please find detailed conditions of Reward payment in the Referrer Agreement.
5. Intellectual Property
5.1. Our Content
All content, information, design, text, graphics, visual interfaces, interactive features, logos, compilations, source and object code and other matters to the Platform and Services, including without limitation logos, compilations, source and object code and other matters to the Platform and Services (“Our Content”) (i) are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights), (ii) are owned by us or one of our affiliates, or are licensed to us, and (iii) are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The modifying, reproducing, distribution, sell, licensing, reverse engineer, decompilation, copying, redistribution, use or publication of any part of the Platform or Our Content, unless expressly permitted in these Terms or otherwise, is strictly prohibited. Use of the Platform does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials in the Platform does not constitute a waiver of any right in such information and materials.
5.2. Communication
While communicating with each other, the Customer/Recruiter and the Referrer agree to respect each other and avoid any harmful, harassing, defamatory, offensive, obscene language. You represent and warrant that you have all the rights and permissions to all the information you provide each other with and do not infringe any third party rights.
5.3. Your Feedback
We welcome your comments, suggestions or other feedback (“Feedback”) about how to improve the Platform and Services. By submitting the Feedback in any manner to us, you grant us the unlimited right, at our discretion, to use, disclose and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
6. Warranty Disclaimers
YOU USE THE PLATFORM AT YOUR OWN DISCRETION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED BY US “AS IS” AND “AS AVAILABLE” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY ARE DISCLAIMED WHERE POSSIBLE. WE DO NOT REPRESENT OR GUARANTEE THAT THE PLATFORM WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE PLATFORM.
WE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY CUSTOMER, Recruiter, REFERRER, AS WELL AS A VACANCY, RECOMMENDATION OR SPECIALIST. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY INTERACTION WITH OTHER USERS OF THE PLATFORM, INCLUDING IF YOU HAVE A NEGATIVE EXPERIENCE OF ANY NATURE WHEN ACCESSING OUR PLATFORM OR USING OUR SERVICES.
WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE SPECIALISTS. THE CUSTOMER AND Recruiter AGREE TO TAKE THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES OF SPECIALISTS.
7. Limitation of Liability
WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY INTEGRATION BETWEEN USERS OF THE PLATFORM OR CUSTOMER/Recruiter AND SPECIALISTS. WE DO NOT MAKE ANY COVENANTS TO THE CUSTOMER/Recruiter ON BEHALF OF SPECIALISTS. WE SHALL NOT BE LIABLE IN CASE OF ANY LOSS OR DAMAGE THAT RESULT FROM ANY DEALINGS BETWEEN USERS OF THE PLATFORM OR THE CUSTOMER/Recruiter AND SPECIALISTS.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) VACANCIES POSTED ON THE PLATFORM, (II) RECOMMENDATIONS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF PLATFORM AND ANY SERVICES AVAILABLE TO YOU. IN PARTICULAR, WE AND OUR AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, REPUTATIONAL HARM, LITIGATION, OR THE LIKE), OR ANY OTHER LIABILITIES OR LOSSES WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY INTERRUPTION OF SUCH USE; NOR ARE WE AND OUR AFFILIATES LIABLE FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF OUR SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US THROUGH THE PLATFORM AND SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE PLATFORM OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM OR SERVICES EXCEED THE REMUNERATION ACTUALLY PAID BY YOU TO US IN THE PRIOR 3 MONTHS (IF ANY) PRIOR TO THE ACTION GIVING RISE TO LIABILITY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
8. Disputes Resolution
8.1. Disputes Between Users
You are solely responsible for your interactions with other users of the Platform and with Specialists.
8.2. Disputes With Refer.Dev
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us via “Contact Us” form or at admin@refer.dev to try resolving your problem directly with us.
Any dispute or claim relating in any way to your access and use of the Platform or Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and us shall be resolved by the respective court of Nevada, USA.
8.3. Restrictions
You and Refer.Dev agree that any litigation shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
You and Refer.Dev agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; and (ii) any claim for injunctive relief.
9. Miscellaneous Provisions
9.1. Entire Agreement and Severability
These Terms supersedes and replaces all prior terms, agreements, discussions and proposals regarding the Platform and constitutes the entire agreement between you and us with respect to access and use the Platform and Services.
Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
9.2. Assignment
You may not assign or transfer these Terms and any associated rights or obligations, or remedy hereunder without our prior consent. We may freely assign these Terms or subcontract its obligations without restriction.
9.3. Applicable Law
All matters relating to the Platform and Services or these Terms, shall be governed by all applicable laws of Nevada, USA, without regard to its conflict of law provisions.
9.4. Indemnification
You use the Platform and Services at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand or liability, including reasonable attorneys' fees, related to your use of the Platform and Services or any violation of these Terms or applicable law.
9.5. Privacy
Please review our Privacy Policy that describe our privacy practices and use of cookies.
If you believe your personal data has been disclosed or otherwise used unlawfully and you did not consent to such disclosure, please contact us via “Contact Us'' form or at admin@refer.dev. If we confirm the infringement we will delete your personal data immediately.
9.6. Links to Other Websites
Our Platform may contain links to third-party sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
9.7. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Platform and Services. You may terminate your use of the Platform and Services at any time. We reserve the right to suspend or terminate your access to the Services at any time without prior notice, in the case if we determine that you violate or fail to comply with these Terms or applicable law. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
9.8. Contact Us
Should you have any questions concerning these Terms, please contact us via “Contact Us” form or at admin@refer.dev.