Version: 1.0 | Effective date: 15 October 2026
7 1 Contract and service
These terms apply between Recmark Ltd, registered in Ireland, with its registered office at 29 Rosehill, Wicklow Town, Co. Wicklow, Ireland (RecMark), and the direct employer identified in the accepted order form (Client). The person accepting confirms authority to bind the Client. The contract consists of the order form, these terms, the Acceptable Use and Messaging Policy and the signed or electronically accepted Data Processing Agreement with completed schedules.
The service provides the features and integrations identified in the order form. A displayed integration option does not guarantee that a particular ATS, number or Meta account is eligible. Trial limitations and any pilot status must be identified in the order form. Candidate replies do not signify acceptance of this business contract.
7 2 Accounts and client responsibilities
The Client controls authorised users, their permissions and the accuracy of its company and recruitment information. It must use appropriate account security, remove access promptly when no longer needed and report suspected compromise. RecMark is responsible for the service controls it undertakes to provide and does not transfer that responsibility to the Client through this clause.
The Client must have lawful authority to import information, contact applicants, operate the connected accounts and instruct RecMark. It must provide candidate notices, record channel permissions, establish lawful bases and configure proportionate retention. It must assess job criteria for fairness and provide meaningful human review before adverse screening outcomes. Both parties comply with obligations that apply directly to them.
7 3 Connections and external services
The Client owns or lawfully controls its WhatsApp account, number, Page assets and ATS access. It completes required verification and authorisation. RecMark uses access only for the agreed service. The Client pays Meta directly for WhatsApp messaging and remains responsible for Meta account billing and its provider agreements. RecMark does not collect Meta passwords or complete payment card numbers.
Meta may approve, reject, pause or reclassify templates and impose account or messaging restrictions. Provider availability, delivery rules and API changes can affect the service. RecMark will communicate known material integration issues and take reasonable steps within its control; external restrictions are not a licence to conceal service failures or disregard agreed obligations.
The initial acknowledgement target is within five minutes of eligible intake as defined in the order form. Consent, correct routing, approved templates, provider availability and permitted messaging must all be satisfied. Unless expressly agreed in a service level schedule, this is a target for processing and submission, not a guarantee of delivery or recruiter response.
7 4 Fees term and renewal
The order form states the subscription price, currency, tax treatment, billing frequency, payment date, initial term, renewal terms and cancellation notice. There is no automatic renewal unless expressly agreed there. Meta, ATS and other client-appointed charges are separate. Price changes apply only as the order form permits and after the agreed advance notice. Fees and any usage limits must be disclosed before acceptance.
RecMark may address overdue undisputed fees after notice and a reasonable opportunity to resolve them. A genuine dispute should be notified promptly and the parties will work to resolve it. The order form must state any suspension notice and remedy period before this provision is relied on.
7 5 Data intellectual property and confidentiality
The Client retains rights in its content and applicant records, subject to the applicants' rights. It grants RecMark only the rights necessary to deliver the contracted service. RecMark retains rights in its software and general know-how. There is no permission to sell candidate data, pool it across employers or use it to train a shared AI model.
Each party protects the other's confidential information with reasonable care, limits access to people with a need to know and appropriate duties, and uses it only for the contract or a lawful requirement. Exceptions apply to information lawfully public, independently developed, already lawfully known or lawfully received without restriction. Compelled disclosure is limited to what is required and notified where legally permitted.
The Data Processing Agreement governs applicant personal data. A general licence, analytics clause or product-improvement clause does not override its restrictions. RecMark's separate controller processing is limited to purposes transparently described in the App Privacy Notice.
7 6 Support suspension and termination
Support channels, operating hours and any response commitments are specified in the order form. A human takeover feature requires the Client to staff its recruitment workflow; it is not a promise that RecMark supplies recruiters. An automated message already transmitted before takeover may still arrive.
RecMark may restrict affected activity when reasonably necessary to address unlawful use, an immediate security threat or a provider restriction. It will give notice and reasons where lawful, minimise scope and duration, and help restore compliant service. Urgent action may precede notice where delay would increase the risk.
Either party may terminate for a material breach not remedied within 30 days after written notice, or on other grounds stated in the order form or required by law. At expiry or termination, the Data Processing Agreement governs return and deletion. Provide any export request before the stated return window closes. No term authorises withholding a required data-protection response as leverage in a payment dispute.
7 7 Responsibility and liability
RecMark will exercise reasonable skill and care in providing the agreed service. The Client remains responsible for its employment decisions. Neither party guarantees a hire, a response from a candidate, uninterrupted third-party availability or Meta approval. These limitations do not excuse failure to meet an express obligation within a party's control.
Any negotiated liability cap, excluded losses, exceptions and insurance requirements must be set out expressly in the order form after legal review. No financial cap is created by this draft alone. No term excludes liability that cannot lawfully be excluded or restricts a data subject's statutory remedies or a regulator's powers. Mandatory transfer clauses prevail where they apply.
7 8 Changes precedence and law
Material contractual changes require notice and acceptance under the agreed change process; merely changing a website page does not amend a signed Data Processing Agreement. An urgent change required by law or security will be explained promptly and applied no more widely than necessary.
For personal data protection, the Data Processing Agreement prevails over conflicting general terms, and binding transfer clauses prevail over both where applicable. Other order-form variations prevail only where they expressly identify the provision varied. Notices go to the addresses in the order form. Governing law and courts are Irish law and the courts of Ireland, subject to mandatory data protection rights. Electronic acceptance or counterparts may be used with a durable record of the accepted documents.