Terms & Conditions

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  1. Subject matter
  2. Authorization of Posters
  3. Duties of the Client
  4. Other rights and obligations of the Client
  5. Changes to services
  6. Fees, billing
  7. Exclusion of Objections
  8. Termination of the Agreement
  9. Liability
  10. Indemnity
  11. Rights to content
  12. Other provisions

General Terms and Conditions for the use of XING Projects

XING Projects is for business customers only.

Preamble

The Contract is concluded with XING AG, Dammtorstr. 29-32, 20354 Hamburg, Germany. Additional contact information, commercial registry data, as well as the name of the authorized representative of XING AG can be found under About this site.

The Client can call up, print out, download and/or save these GTC at any time, even after conclusion of the agreement, under
www.xing.com/app/user?op=tandc&what=projects.

 

1. Subject matter

1.1 Upon conclusion of the agreement on using XING Projects and to the extent permitted by these General Terms and Conditions for the use of XING Projects (hereafter: GTC), the Client can post, against payment, projects (hereafter: advertisements) in XING Projects. The advertisements the Client posts contain a specific intention with a fixed timeframe for which the Client needs third-party support.

1.2The maximum term for advertisements published by the Client is based on the selected product. Once this term expires, advertisements will be automatically deactivated, meaning that they are no longer available online to third parties.

1.3 Advertisements posted in XING Projects can be viewed by XING members and third parties outside of the XING platform.

1.4 Advertisements posted by the Client are matched to XING member profiles using a special process in order to show said advertisements to XING members who may be interested in them.

1.5 XING AG reserves the right to edit, at its own discretion, the keywords of advertisements posted by the Client in order to make advertisements easier to find. The Client is not permitted to use the names of its competitors as keywords.

1.6 The Client acknowledges that it is not technically possible to make XING Projects and/or the XING platform available 100% of the time. However, XING AG endeavors to do its best to ensure that XING Projects and the XING platform have as few downtimes and outages as possible. In particular, maintenance, security and capacity requirements, or events beyond the control of XING AG (such as interruptions in public communication networks, loss of power, etc.) could lead to brief interruptions or to the temporary unavailability of XING Projects and/or the XING platform. Any claims against XING AG arising from adverse effects and/or interruptions, irrespective of the legal basis, are excluded to the extent permissible by law.

1.7 XING AG makes the content, data and other information provided by the Client available to third parties as long as it does not violate any legal regulations or these GTC, and as long as it is not improper, offensive to the general public or unacceptable for publication by XING AG for other reasons. XING AG is entitled to remove such content, data or other information from XING and/or XING Projects without prior notice. Should this occur, the Client is not entitled to any refund.

1.8 XING AG simply offers the Client a platform to connect the Client and third parties (XING members and other third parties) and for this purpose only provides technical applications that make it possible to establish general contact. XING AG does not guarantee contact between the Client and XING members or other third parties. XING AG does not participate in the communication between the Company and third parties in terms of content. XING AG does not participate in any legal agreements that may be made through XING Projects and/or the XING platform and is therefore not a contractual partner. The Client alone is responsible for the execution and fulfillment of any agreements made with third parties. XING AG is not responsible in the event that no contact through XING is established between the Client and the third party in connection with such an agreement. XING AG is also not liable for any breaches of duty from the agreements made between the Client and third parties.

1.9 XING AG accepts no responsibility for content, data or other information provided by XING members, or for content on linked external websites. In particular, XING AG does not warrant that any such content is true, that it fulfills any particular purpose or that it could be used for any specific purpose.

1.10 No guarantee can be provided that advertisements posted in XING Projects will not be copied or linked to by third parties. XING AG also cannot guarantee that third parties will not be able to use frames to disguise advertisements posted in XING Projects and then publish them as their own advertisements. The Client cannot derive any claims against XING AG as a result of such copying, linking and/or framing actions.

1.11 The Client is only permitted to advertise one position per ad.

1.12 An ad can be deactivated during the current term, but not reactivated. Reactivating an ad equates to the creation of a new ad. Advertisements can be edited with the aim of making corrections, and this has no impact whatsoever on the ad’s current term.

 

2. Authorizing Posters

2.1 If the Client is not an individual XING member, XING Projects shall only be accessed and used by one of the Client’s employees who was appointed to do so by the Client (hereafter: Poster). Posters must be authorized by the Client and also be a registered XING member.

2.2 If a Poster does not or no longer fulfills either of the requirements set out in Section 2.1, or if the Poster was excluded from using the XING platform or XING Projects (in particular as a result of violating the XING platform’s GTC, the Poster is no longer permitted to post advertisements in XING Projects. If a Poster is excluded from using the XING platform, the advertisements it posted will be deactivated.

2.3 If the scenario set out in Section 2.2 occurs, the Client is permitted to appoint someone else to replace the excluded Poster. The replacement is to be appointed as set out in Section 2.1.

2.4 The Client warrants that all of the data it provides during registration and all of the data entered by Posters are accurate and complete. The Client agrees to inform XING AG immediately if any of its data changes.

 

3. Duties of the Client

3.1 The Client undertakes to comply with applicable laws and all third-party rights. Any own or third-party content the Client posts on XING must not violate the applicable law, third-party rights, or compromise the image of XING or XING AG in any way. The Client is expressly forbidden from:

  • unreasonably annoying (particularly by way of spam) XING members or other persons (cf. Section 7 of the German Unfair Competition Act - UWG),
  • engaging in, advertising or promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid schemes),
  • engaging in, advertising or promoting any form of structural distribution measures (such as multilevel marketing or multilevel network marketing),
  • advertising or promoting the use of any mechanisms, software or scripts when using XING websites, and from
  • using, advertising or promoting erotic, flirting or dating offers.

3.2 Advertisements must describe and offer an actual project position as part of a project with a limited timeframe. XING Projects may not be used to offer events, products, services, job vacancies, real estate or projects with no content.

3.3 The Client shall be held liable for any mistakes the Poster makes to the same extent as if they were its own mistakes. The Client must in particular ensure that the Poster complies with the General Terms and Conditions for using XING, the General Terms and Conditions for using XING Projects, and any applicable laws or third-party rights.

3.4 Should any contractual duties, statutory provisions or third-party rights be violated, or should XING AG have other justified reasons, then XING AG may impose the following sanctions:

  • Erase content the Client has posted in XING Projects,
  • Temporarily or permanently deactivate one or more of the Client’s advertisements,
  • Bar the Client from accessing XING Projects,
  • Cancel this contract

3.5 XING AG reserves the right to deactivated advertisements that do not match up with the “Projects” category. Any complaints by XING members may lead to a temporary deactivation of advertisements.

3.6 If the Client is a single XING member, the use of XING Projects is part of the XING services and therefore also subject to the General Terms and Conditions for using XING. In this case, 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 Client if the respective preconditions exist. If the Client is a single XING member, XING AG is also entitled to bar the Client from accessing XING if the Client breaches a material contractual duty under this contract. In this case any claim on the part of the Client for reimbursement of Premium membership fees the Client has paid in advance shall be excluded.

3.7 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.

3.8 All further rights of XING AG, including claims for damages, shall remain unaffected.

 

4. Other rights and obligations of the Client

4.1 The Client is obliged to keep access data confidential from unauthorized third parties. The Client will, in particular, store user names and passwords in such a way that it is not possible for unauthorized third parties to gain access to them. The Client is obliged to inform XING AG without delay should it become aware that a password is known to third parties. The Client shall ensure that its Posters keep their log-in details secret from unauthorized third parties.

4.2 The Client must inform XING AG without delay should there be any important changes in the status of the Client which could be relevant to the contractual relationship.

4.3 The Client may only transfer contractual rights to third parties with prior written consent from XING AG.

 

5. Changes to services

XING AG reserves the right to make changes to the services related to XING Projects and their general design, or to offer alternative services, as long as this is not unreasonable for the Client.

 

6. Fees, billing

6.1 The product selected by the Client incurs a fixed fee upon creation (i.e. the booking) of an advertisement, regardless of the publishing of the advertisement online (activation). Fees incurred due to the creation of Ads shall not be refunded or deducted, even if the advertisements are not activated.

6.2 The fees valid in each case are available at www.xing.com/projects. The prices listed there are binding. XING AG reserves the right to alter these fees at any time. The Client shall be informed of such price alterations in good time before the publishing of a new advertisement. Such price alterations shall not affect advertisements currently online.

6.3 Any fees are payable immediately upon presentation of the invoice. The Client may pay the invoice by making use of the available methods of payment. If a fee cannot be debited, the Client 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 Client 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.

6.4 XING AG in particular reserves the right to impose the sanctions listed under clause 3.4 if the Client specifies invalid means of payment or if the Client fails to meet the Client's payment obligations in due time or in full.

 

7. Exclusion of objections

Should the Client 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 Client. 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 Client shall remain unaffected after expiry of the objection period.

 

8. Termination of the Agreement

8.1 The Client may terminate this agreement for the use of XING Projects at any time without stating a reason. The Client 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 Client shall specify the username and one of the Client's e-mail addresses registered on the XING websites.

8.2 XING AG may terminate this agreement for the use of XING Projects 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 advertisements remain online shall be unaffected by the termination of the agreement.

 

9. Liability

9.1 In the event of intent or gross negligence, the Parties will be liable without limitation for all damages incurred in connection with rendering the contracted services.

9.2 In the event of slight negligence, the Parties are liable without limitation for claims for damages arising from death and injury to body and health.

9.3 Otherwise, the Parties shall only be liable in the event of a breach of a substantial contractual obligation (cardinal obligation). Substantial contractual obligations (cardinal obligations) refer abstractly to such obligations which, when fulfilled, make it possible for the contract to be properly carried out. The other party can also regularly rely on the fact that these obligations are complied with. In such cases, liability is limited to the typical and foreseeable damages.

9.4 To the extent that the contractual liability of the Parties is excluded or limited, this also applies to the personal liability of the vicarious agents of the parties.

9.5 Neither party is liable to the other party for non-compliance with contractual obligations if the non-compliance is due to circumstances beyond the party’s control. This applies in particular to cases of force majeure.

 

10. Indemnity

10.1 The Client shall indemnify and exempt XING from all actions, including damage claims, asserted by third parties or state authorities against XING which are related to the Client’s or a Poster’s infringement of rights, the Client’s violation of obligations imposed on the Client by these GTC, or the Client’s violation of pertinent data protection regulations.

10.2 Furthermore, the Client assumes all reasonable costs (including legal-defense costs) that XING may incur in the event that a third party initiates or takes legal action (in or out of court) against XING as a result of the Client’s or a Poster’s violation of rights, the Client’s violation of the obligations imposed by these GTC, or the Client’s violation of pertinent data protection regulations.

10.3 All other rights, including damage claims by XING AG, are hereby unaffected.

10.4 The aforementioned obligations of the Client shall not apply to the extent the Client or Poster is not responsible for the infringement.

 

11. Rights to contents

By posting advertisements in XING Projects, the Client grants XING AG the right to use the advertisements in all forms that are associated with posting and publishing advertisements in XING Projects.

 

12. Other provisions

12.1 No secondary agreements exist.

12.2 XING AG has the right to use sub-contractors. When using sub-contractors, XING AG remains responsible for fulfilling its duties and obligations. XING AG is permitted to transfer, in full or in part, rights and duties to third parties.

12.3 XING AG reserves the right to modify these General Terms and Conditions at any time without being required to justify doing so unless modifications are unreasonable to the Client. XING AG will notify the Client regarding any modifications to these General Terms and Conditions in good time. If the Client does not revoke the new General Terms and Conditions within six (6) weeks of notification, the modified General Terms and Conditions shall be deemed to have been accepted by the Client. Within the course of notifying the Client about its modified General Terms and Conditions, XING AG will also notify the Client about its right to revocation and the meaning thereof.

12.4 Hamburg shall be the sole place of performance and jurisdiction.

12.5 These General Terms and Conditions 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.

12.6 Should any of the provisions in this contract be or become legally invalid, they shall not affect the remaining provisions.