Terms & Conditions

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  1. Subject of the Agreement
  2. Registration, Representations upon Registration
  3. Obligations of the User
  4. Changes to the Services on XING Websites
  5. Fees, Billing
  6. Terms applicable to certain methods of payment
  7. Exclusion of Objections
  8. Sanctions
  9. Termination of the Agreement
  10. Liability
  11. Responsibility of XING
  12. Indemnity
  13. Rights to Contents
  14. Final Provisions

General Terms and Conditions for using XING Jobs

"XING" refers to XING AG and XING S.à r.l. Depending on the given context, XING and XING Jobs can be used to describe the service covered by this agreement.

XING Jobs is only available to business consumers.

These GTC for the use of XING Jobs apply for online customers. For framework agreements and other special agreements not concluded online, other terms and conditions apply (“General Terms and Conditions XING Jobs – Framework agreements, special agreements”).

Preamble

The User concludes this agreement with XING AG, Dammtorstr. 29-32, 20354 Hamburg, Germany, and XING S.à r.l., 9, Avenue Guillaume, 1651 Luxembourg, Luxembourg; Unless the User pays by MasterCard or Visa credit card, this agreement shall only be concluded with XING AG. Further contact details for XING AG and XING S.à r.l. can be found under About This Site.

The User can call up, print out, download and/or save these GTC at any time, even after conclusion of the agreement, under http://www.xing.com/app/user?op=tandc.popup;what=mp.

Depending on the method of payment selected by the User, the “Terms applicable to certain payment types” set out in Section 6 shall apply.

  1. Subject of the Agreement
    1.1
    Upon conclusion of the agreement on using XING Jobs, the User will have the opportunity to publish, against payment, an unlimited number of job ads ("Ads") on XING Jobs for the term of this agreement. Termination of the membership or any other disqualification of the User from using XING will result in the User not being allowed to publish any further Ads on XING Jobs and/or any already published offers being deactivated.
    1.2
    The maximum amount of time that the Ad posted by the User is published online depends on the particular product selected. Respective details here can be found in the Product Overview. Once this period of time has expired the Ad will be automatically deactivated. Deactivation in this case means that the Ads will then no longer be accessible for third parties after this point.
    1.3
    Ads published on XING can be called up by XING members and, at the option of the User, by third parties outside of XING.
    1.4
    Any Ads published by the User will be matched in a special process with the profiles of XING members in order to display XING members those Ads that may be of interest to them on the individual XING homepage and/or on another page.
    1.5
    XING reserves the right to edit at its own discretion the keywords entered by the User in its ads in order to make it easier for XING members to find them.
    1.6
    The User acknowledges that it is technically impossible to achieve 100% availability of XING Jobs and/or XING.com. However, XING shall endeavour to keep XING Jobs and XING.com available with the fewest possible interruptions. Events relating to maintenance, security or capacity requirements as well as events beyond the control of XING (such as disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary interruptions of the services provided on XING Jobs and/or XING.com. Any claims against XING arising from malfunctions and/or interruptions, no matter on what legal ground, shall be excluded to the extent permitted by law.
    1.7
    XING will only make contents, data and/or information provided by the User available to third parties, provided that these do not violate any statutory provisions or these GTC, constitute misuse or violate public moral and ethical standards and/or publication thereof is not unacceptable for XING for other reasons. XING is entitled to remove such contents, data and/or information from XING.com and/or XING Jobs without prior notice. This shall not give rise to any compensation claims on the part of the User.
    1.8
    The User may only advertise one single position per Ad.
    1.9
    A fixed-price Ad can be deactivated prematurely, but not be reactivated again after that point. Reactivation of a fixed-price Ad results in re-billing for a second time. The job title of the position advertised in an Ad can only be edited for a short period of time.
     
  2. Registration, Representations upon Registration
    2.1
    The User must register for the use of XING Jobs prior to the first publishing of Ads on XING Jobs.
    2.2
    The User warrants that all data provided by the User for registration are accurate and complete. The User shall report any changes in the registration data to XING without delay.
     
  3. Obligations of the User
    3.1
    The User shall comply with the editorial guidelines for the publishing of Ads on XING Jobs that are applicable at the time of publishing. The applicable editorial guidelines can be accessed at any time on the page for creating ads in XING Jobs. XING in particular reserves the right to set rules regarding the content and layout of Ads on XING Jobs.
    3.2
    The User shall be solely responsible for the contents posted on XING Jobs. The User warrants that any Ads posted on XING Jobs only contain true representations and do not violate any applicable laws and/or third-party rights.
    3.3
    The General Terms and Conditions for using XING also apply for the use of XING Jobs. The User shall in particular comply with the provisions under clause 4 of the General Terms and Conditions for using XING.
     
  4. Changes to the Services on XING Websites

    XING reserves the right to modify the design of and the services provided on XING Jobs or to offer different services, unless this is unreasonable for the User.

     
  5. Fees, Billing
    5.1
    Depending on the product selected by the User, payment of a fixed fee shall be due when the Ad is published online ("Fixed price product"). Alternatively, the fee may be based on how many times an Ad is clicked during the period in which it is published online ("Click price product", so-called "pay-per-click").
    5.2
    The fees valid in each case are detailed at www.xing.com/jobs/products/overview. The prices listed here are binding. XING reserves the right to alter these fees at any time. The User shall be informed of such price alterations in good time before the publishing of a new Ad. Such price alterations shall not affect Ads currently online.
    5.3
    For the purposes of these GTC, a click shall mean each instance in which a third party calls up the webpage on which the User's Ad is shown.
    5.4
    Having opted for the click price product, the User can define an upper limit regarding the total number of clicks for all Ads published by the User on XING and/or define upper limits regarding the number of clicks for individual Ads. Upon reaching the upper limit the respective Ad and/or all Ads published by the User will be deactivated.
    5.5
    Any fees are payable immediately upon presentation of the invoice. The User may pay the invoice by making use of the available methods of payment, in particular the accepted credit cards. Additional terms apply to the methods of payment set out in Section 6 (“Terms applicable to certain methods of payment”). If a fee cannot be debited, the User shall bear any resulting costs, in particular bank fees in connection with returned debit entries and similar fees, to the extent that he/she is responsible for such occurrence. XING may deliver invoices to the User by e-mail. In addition, XING will make said invoices available for download for a period of one (1) year from the date of invoicing.
     
  6. Terms applicable to certain methods of payment

    The following terms apply to Users who select credit card as their method of payment and pay with their MasterCard or Visa credit card (not American Express):

    • The contracting partner is both XING AG and XING S.à r.l. who are joint and several debtors vis-à-vis the User. Among other things, this means that the rendering of services by one of the contracting partners also end the performance duties of the other contracting party. Events such as rescission or cancellation of the agreement with the User, rescission by the User, a delay in or impossibility of service performance by one of the contract partners, and other events set out in Section 425 (2) of the German Civil Code (BGB) shall always apply (in derogation to Section 425 (1) BGB) for and against both contracting partners.
    • XING AG and XING S.à r.l. are separate companies. XING AG and XING S.à r.l. shall only act in their own name vis-à-vis the User unless explicitly stated otherwise.
    • Although XING AG and XING S.à r.l. are both permitted to demand payment in full from the User, the User is only obliged to pay once. In derogation to Section 428 sentence 1 BGB, the User should note that he/she may only pay the contracting party demanding payment (so-called “bogus” joint and several creditors) and not choose either XING AG or XING S.à r.l. at his/her own discretion. To this end, the User needs take no action other than follow the instructions on the XING websites.
    • XING AG is the sole point of contact for the User if he/she has any queries about his/her membership or the XING websites. Contact details are available on the respective XING website.

    If the User chooses a method of payment offered by XING other than MasterCard or Visa credit card, XING AG shall be the sole contracting partner for the User (in this case, the name "XING" shall only refer to XING AG in these GTC). The above terms applicable to joint and several creditors when paying by MasterCard or Visa credit card do not apply in such cases.

    Once the User has selected his/her preferred method of payment, he/she shall then be provided with details about his/her contracting partner, including which contracting partner shall render services.

     
  7. Exclusion of Objections

    Should the User object to the amount of the invoiced fees, he/she shall notify XING thereof using the Contact Form provided on each page of the XING websites, or by fax or letter within three (3) months of receipt of the invoice. Failure to submit objections in due time shall be deemed as approval by the User. XING will include a special note on the invoice regarding the consequences of failing to object in due time. In the event of justified objections statutory claims of the customer shall remain unaffected after expiry of the objection period.

     
  8. Sanctions
    7.1
    Should the User violate the User's contractual duties, statutory provisions, third-party rights or the applicable editorial guidelines or should XING have other justified reasons, then XING may impose the following sanctions against the User:
    • erase contents the User has published on XING Jobs,
    • temporarily or finally deactivate one or several Ads of the User,
    • issue a warning or
    • bar the User from accessing XING Jobs.
    8.2
    XING AG in particular reserves the right to impose the sanctions listed under clause 8.1 if the User specifies invalid means of payment or if the User fails to meet the User's payment obligations in due time or in full.
    8.3
    Any complaints by XING members may lead to a temporary deactivation of Ads.
    8.4
    In case of breach of a material contractual duty under this agreement (in particular in case of failure to meet payment obligations in due time or in full), XING shall be entitled to bar the User from accessing XING. In this case any claim on the part of the User for reimbursement of membership fees the User has paid in advance shall be excluded.
    8.5
    The use of XING Jobs as part of the services of XING.com is also subject to the General Terms and Conditions for using XING. Accordingly, XING may impose the sanctions (among others barring access to XING and termination of the XING membership) provided for in the General Terms and Conditions for using XING upon the User if the respective preconditions exist.
    8.6
    If one or several sanctions are imposed on legal grounds, the claims to remuneration by XING shall remain in place to the full amount.
     
  9. Termination of the Agreement
    9.1
    The User may terminate this agreement for the use of XING Jobs at any time without stating a reason. The User may deliver notice of termination using the Contact Form available on all XING websites or by sending a fax or letter to XING. Upon termination the User shall specify the User name and one of the User's e-mail addresses registered on the XING websites.
    9.2
    XING may terminate this agreement for the use of XING Jobs at the end of each month with a notice period of fourteen (14) days without stating a reason.
    9.3
    The parties’ right to terminate the agreement for good cause shall remain unaffected.
    9.4
    The remaining time that published Ads remain online shall be unaffected by the termination of the agreement.
     
  10. Liability
    10.1
    XING (including the vicarious agents of XING) shall only be liable for damages based on ordinary negligence if a material contractual duty/cardinal obligation has been violated. A cardinal obligation is a duty whereby the User can trust that this duty shall be adhered to and whereby its fulfillment is key to enabling a proper implementation of the agreement in the first place. In this case claims for damages shall be limited to the typical and foreseeable damages.
    10.2
    This shall not affect personal injury and property damage claims based on the German Product Liability Act.
     
  11. Responsibility of XING
    11.1
    XING merely offers the User a platform to allow the User to contact third parties (XING members and other third parties) and only provides those technical applications that allow Users to contact each other. XING does not guarantee or promise that the User can establish contact with XING members or other third parties and XING AG cannot be held responsible for this.
    11.2
    With regard to content XING does not participate in any communication between the User and third parties. If any agreements are concluded via XING websites, XING AG and XING S.à r.l. do not take part in these and therefore shall not become a contracting party to these agreements. The User shall be solely responsible for the execution and fulfilment of any agreements concluded with third parties. XING shall not be liable if the User is unable to contact the third party via XING websites in connection with such an agreement. Furthermore, XING shall not be liable for any breach of duty in relation to agreements concluded between the User and third parties.
    11.3
    XING shall not be responsible for any contents, data and/or information posted by XING members or for the contents on linked external websites. XING in particular does not guarantee that these contents are accurate, fulfil a particular purpose or are able to serve such purpose.
    11.4
    XING cannot entirely exclude the possibility that Ads published on XING Jobs will be copied, linked and/or published by third parties using frames and then passed off as their own Ads. Such copying, linking and/or framing shall not give rise to any claims on the part of the User against XING.
     
  12. Indemnity
    12.1
    The User shall indemnify XING from all claims, including claims for damages, asserted by XING members or other third parties against XING because of an infringement of their rights due to the contents the User has published on XING Jobs. The User shall assume all reasonable costs incurred by XING AG and XING S.à r.l. due to an infringement of third-party rights, including all reasonable costs for legal defense. All further rights of XING, including claims for damages, shall remain unaffected. The above duties of the User shall not apply to the extent the User is not responsible for the infringement.
    12.2
    Should the contents published by the User infringe any third-party rights, the User shall, at his own expense and at the discretion of XING, obtain the right to use said contents or render said contents free of infringement. Should the User infringe third-party rights by using XING Jobs, the User shall cease such use violating this agreement and/or the law without delay on request of XING.
     
  13. Rights to Contents

    Upon posting Ads on XING Jobs, the User grants XING the right of use to utilise the Ads with respect to all kinds of use connected to the publishing of Ads on XING Jobs.

     
  14. Final Provisions
    14.1
    No secondary agreements exist.
    14.2
    XING reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the User. XING shall notify the User in due time of any amendments to these GTC. Should the User fail to object to the validity of the revised GTC within six (6) weeks after notification, the amended GTC shall be deemed to be accepted by the User. XING shall inform the User about the User's right to object and about the relevance of the objection deadline in the aforementioned notice.
    14.3
    Failing an agreement to the contrary, the User may submit all notices to XING by e-mail using the Contact Form provided on each of the XING websites or send these to XING by fax or letter. XING may send notices to the User by e-mail, fax or letter to the addresses the User has specified as the User's current contact data in the User account.
    14.4
    The place of performance under these GTC shall be XING's main place of business.
    14.5
    Place of jurisdiction, insofar as legally admissible, shall be the main place of business of XING.
    14.6
    These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.