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. Exclusion of Objections
  7. Sanctions
  8. Termination of the Agreement
  9. Liability
  10. Responsibility of XING AG
  11. Indemnity
  12. Rights to Contents
  13. Final Provisions

General Terms and Conditions for using XING Jobs

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. Additional contact information, commercial registry data as well as the name of an authorized representative of XING AG 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.

  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 AG shall endeavor 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 AG (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 AG arising from malfunctions and/or interruptions, no matter on what legal ground, shall be excluded to the extent permitted by law.
    1.7
    XING AG 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 AG for other reasons. XING AG 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 AG 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 AG 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 upon creation (i.e. the booking) of an Ad, regardless of the publishing of the Ad 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"). Fees incurred due to the creation of Ads shall not be refunded or deducted, even if the Ads are not activated.
    5.2
    The fees valid in each case are detailed at www.xing.com/jobs/products/overview. The prices listed here are binding. XING AG 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. 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 AG may deliver invoices to the User by e-mail. In addition, XING AG will make said invoices available for download for a period of one (1) year from the date of invoicing.
     
  6. Exclusion of Objections

    Should the User object to the amount of the invoiced fees, he/she shall notify XING AG 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 AG 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.

     
  7. 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 AG have other justified reasons, then XING AG 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.
    7.2
    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.
    7.3
    Any complaints by XING members may lead to a temporary deactivation of Ads.
    7.4
    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 AG 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.
    7.5
    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 AG 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.
    7.6
    If one or several sanctions are imposed on legal grounds, the claims to remuneration by XING AG shall remain in place to the full amount.
     
  8. Termination of the Agreement
    8.1
    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 AG. Upon termination the User shall specify the User name and one of the User's e-mail addresses registered on the XING websites.
    8.2
    XING AG 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.
    8.3
    The right of both parties to terminate the agreement for good cause shall remain unaffected.
    8.4
    The remaining time that published Ads remain online shall be unaffected by the termination of the agreement.
     
  9. Liability
    9.1
    XING AG (including the vicarious agents of XING AG) 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.
    9.2
    This shall not affect personal injury and property damage claims based on the German Product Liability Act.
     
  10. Responsibility of XING AG
    10.1
    XING AG 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 AG 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.
    10.2
    With regard to content XING AG does not participate in any communication between the User and third parties. If any agreements are concluded via XING websites, XING AG does 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 AG 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 AG shall not be liable for any breach of duty in relation to agreements concluded between the User and third parties.
    10.3
    XING AG shall not be responsible for any contents, data and/or information posted by XING members or for the contents on linked external websites. XING AG in particular does not guarantee that these contents are accurate, fulfil a particular purpose or are able to serve such purpose.
    10.4
    XING AG 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 AG.
     
  11. Indemnity
    11.1
    The User shall indemnify XING AG from all claims, including claims for damages, asserted by XING members or other third parties against XING AG 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 due to an infringement of third-party rights, including all reasonable costs for legal defense. All further rights of XING AG, 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.
    11.2
    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 AG, 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 AG.
     
  12. Rights to Contents

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

     
  13. Final Provisions
    13.1
    No secondary agreements exist.
    13.2
    XING AG reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the User. XING AG 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 AG shall inform the User about the User's right to object and about the relevance of the objection deadline in the aforementioned notice.
    13.3
    Failing an agreement to the contrary, the User may submit all notices to XING AG by e-mail using the Contact Form provided on each of the XING websites or send these to XING AG by fax or letter. XING AG 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.
    13.4
    The place of performance under these GTC shall be XING's main place of business.
    13.5
    Place of jurisdiction, insofar as legally admissible, shall be the main place of business of XING.
    13.6
    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.