Terms & Conditions
- Subject matter
- Authorization of recruiters
- Content in the XING Talent Manager
- Changes to services
- Use of the XING Talent Manager, data protection
- Other rights and obligations of the Company
- Contract period
- Fees and billing
- Reimbursement of advance payments
- Other provisions
General terms and conditions for using the XING Talent Manager
The offer to use the XING Talent Manager is intended exclusively for business clients.
The Company enters this agreement with XING AG, Gänsemarkt 43, 20354 Hamburg. Additional contact information, commercial registry data, as well as the name of the authorized representative of XING AG can be found on the “About this Site” page by visiting www.xing.com.
1.1 The Company can use the XING Talent Manager for recruiting work on XING. The XING Talent Manager provides the Company with a quick and precise means of looking for suitable candidates on XING and managing applications and XING member profiles. Several employees at the Company can work together within the XING Talent Manager and exchange information with one another. The exact extent to which the XING Talent Manager can be used depends on the specific product description.
1.2 Certain limitations apply when using the XING Talent Manager (e.g. the number of daily messages that can be sent via the XING Talent Manager). Please refer to the product description for further details.
1.3 XING AG makes the content, data and other information provided by the Company available to third parties as long as it does not violate any legal regulations or these general terms and conditions, 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 without prior notice. Should this occur, the Company is not entitled to any refund.
1.4 XING AG simply offers the Company a platform to connect the Company 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 Company 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 the XING Talent Manager or XING and is therefore not a contractual partner. The Company 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 the XING Talent Manager or XING is established between the Company 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 Company and third parties.
1.5 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.
2.1 Only the Company’s recruiters are permitted to use and access the XING Talent Manager. Recruiters must be authorized by the Company and be registered on XING. The Company must be listed as the recruiter’s current employer in their XING profile. The Company is required to book a corresponding number of memberships.
2.2 If a recruiter cancels his XING membership, or if XING bans him from using the site (especially as a result of the recruiter violating the general terms and conditions of his XING membership), this recruiter will no longer be permitted to use the Company’s XING Talent Manager.
2.3 The Company has the right to revoke a recruiter’s authorization, or to assign another person as a replacement for the recruiter; particularly in the case addressed in § 2.2. The replacement will receive authorization once the Company has informed XING AG that the replacement has been assigned to the position, and XING AG has provided its approval. If a recruiter has been replaced by another recruiter, the Company must wait at least 30 calendar days before being able to transfer the membership to another recruiter.
3.1 Some of the content and information is shared between current and future recruiters using the Company’s XING Talent Manager, be it automatically or when triggered by a recruiter. Other types of information will not be shared among recruiters.
3.2 The administrator appointed by the company can view, edit and share all of the information and content entered by a recruiter in the company’s XING Talent Manager with other current and future recruiters using the company’s XING Talent Manager, even if said information and content was not explicitly shared by the recruiter. This applies in particular to all conversations started or replied to in the company’s XING Talent Manager.
3.3 If a recruiter loses access to the Company’s XING Talent Manager (e.g. due to leaving the Company) or cancels his own membership, the information collected by the recruiter and shared with other recruiters remain within the Company’s XING Talent Manager and are therefore accessible to current and future recruiters.
3.4 Content shared in the Company’s XING Talent Manager will remain there even if the recruiter deletes content shared on XING from the Company’s XING Talent Manager or deletes content from the Company’s XING Talent Manager or revokes the option to share content. The administrator appointed by the Company can view, edit and share such content with other current and future recruiters using the Company’s XING Talent Manager. This applies in particular to all conversations shared in the Company’s XING Talent Manager.
3.5 Information not shared by the recruiter, not shared automatically, or which cannot be shared is not available to other recruiters in the respective XING Talent Manager. Conversations that were not started, responded to, or shared in the respective XING Talent Manager are not saved in said XING Talent Manager and are therefore unavailable to the administrator or other recruiters. Such conversations are only available to the inboxes of recruiters involved in the respective conversation.
The Company acknowledges that it is not technically possible to make the XING Talent Manager available 100% of the time. However, XING AG endeavors to keep the XING Talent Manager available without interruption, to the best of its ability. 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 the XING Talent Manager. 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.
XING AG reserves the right to make changes to the services related to the XING Talent Manager and its general design, or to offer alternative services, as long as this is not unreasonable for the Company.
6.1 The Company is obliged to observe all applicable laws and all rights of third parties. When adding their own or other content to the XING Talent Manager and XING, the Company must ensure that it does not violate currently applicable law or the rights of third parties, or in any other way compromise the reputation of XING or XING AG.
6.2 The Company is obliged to comply with currently applicable data protection laws. The Company is prohibited from collecting, processing, using or forwarding personal data about XING members to third parties without permission in the form of valid approval from the XING member concerned, or if prohibited by German or European data protection laws.
6.3 The Company must observe third-party rights, particularly when sharing content and information. Correspondence that is clearly private may not for example be shared with other people without the express consent of the sender.
6.4 The Company is also specifically prohibited from engaging in the following:
- Unreasonably harassing XING members and other people,
- Using or promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multi-level selling or pyramid sales) or
- Carrying out, advertising or promoting structural distribution measures (such as multi-level marketing or multi-level network marketing), even if these actions do not specifically constitute a breach of any applicable laws.
6.5 The Company is responsible for any faults on the part of their recruiters to the same extent that they are responsible for any faults of their own. In particular, the Company must ensure that the recruiters comply with the general terms and conditions for using XING and the general terms and conditions for using the XING Talent Manager, and observe all applicable laws and rights of third parties when using the XING Talent Manager. This applies in particular to job applicants and candidates managed in the XING Talent Manager. Above all, the Company must ensure that correspondence that is clearly private is not shared with other people without the express consent of the people involved.
6.6 XING AG may impose the following sanctions in the event that obligations from this agreement, legal regulations or third party rights are violated, or if XING AG has any other legitimate interest:
- Temporarily or permanently deactivate the Company’s XING Talent Manager
- Terminate the agreement for using the Company’s XING Talent Manager
XING AG reserves the right to impose the sanctions listed under § 6.6, in particular in the event that the means of payment provided by the Company is invalid, or the Company does not fulfill a payment obligation on time and/or sufficiently.
6.7 Complaints from XING members could lead to the temporary deactivation of the Company’s XING Talent Manager.
7.1 The Company is obliged to keep access data confidential from unauthorized third parties. In particular, the Company will store user names and passwords in such a way that it is not possible for unauthorized third parties to gain access to them. The Company is obliged to inform XING AG without delay should it become aware that a password is known to third parties. The Company must ensure that its recruiters do not disclose their login details to third parties.
7.2 The Company must inform XING AG without delay should there be any important changes in the status of the Company which could be relevant to the contractual relationship.
7.3 The Company may only transfer contractual rights to third parties with prior written consent from XING AG.
8.1 This agreement is initially effective for the minimum period of use selected by the Company. Thereafter, if it is not terminated by the deadline by the Company or by XING AG, the agreement will be renewed for the same length of time. If the Company selects a product without a minimum period of use, the agreement will run for an unlimited period of time.
8.2 Either party may terminate the agreement without stating a reason with a notice period of three months from the end of the minimum period of use, or from the end of the length of a renewal period. Agreements for products without a minimum period of use can by terminated by either party with a notice period of three months. The right of either party to terminate the agreement for cause remains unaffected.
9.1 The fee for claiming, editing and use of the XING Talent Manager is based on the offer that was selected.
9.2 Fees for the entire subscription period are immediately payable in advance at the time the invoice is issued. The payment can be made with any of the various means of payment offered.
9.3 XING AG reserves the right to change the fee, to be effective as of the following period of renewal. XING AG shall notify the Company of any planned fee change at least six (6) weeks before the option to terminate the contract with proper notice expires, in accordance with § 8.2. If the Company does not object to the applicability of the new fee within six (6) weeks after receipt of said notice, the changed fee shall be deemed to be accepted by the Company. XING AG shall inform the Company of its right to object and of the relevance of the objection deadline in said notice.
10.1 The Company 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 Company’s infringement of rights, the Company’s violation of obligations imposed on the Company by these general terms and conditions, or the Company’s violation of pertinent data protection regulations.
10.2 Furthermore, the Company 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 Company's violation of rights, the Company's violation of the obligations imposed by these general terms and conditions, or the Company’s violation of pertinent data protection regulations.
10.3 All other rights, including damage claims by XING, are hereby unaffected.
10.4 The aforementioned obligations of the Company shall not apply to the extent the Company is not responsible for the infringement.
11.1 In the event of intent or gross negligence, the Parties shall be held liable for all damages in connection with rendering the contractual services.
11.2 In the event of slight negligence, the Parties shall be held liable without limitation for injury to life, body or health.
11.3 Otherwise the Parties shall only be liable if there is a breach of a cardinal obligation under this agreement. The concept of cardinal obligation refers abstractly to such obligations, which, when fulfilled, make it possible for the contract to be properly carried out. The other party to the agreement can rely on the fact that these on the fact that these obligations are complied with. In such cases, liability is limited to typical and foreseeable damages.
11.4 If the Parties’ liability is excluded or limited based on the aforementioned provisions, this shall also apply to the Parties’ vicarious agents.
11.5 Neither party is liable to the other party for noncompliance with contractual obligations if the noncompliance is due to circumstances beyond the party’s control. This applies in particular to cases of force majeure.
The Company cannot make a claim for reimbursement of advance payments in the following cases:
- If XING AG terminates the agreement with cause,
- If XING AG imposes one or more of the sanctions in accordance with § 6.6,
- If the Company terminates the agreement, the Company’s claim for reimbursement of advance payments is not excluded if the cause for termination arises from XING AG’s area of responsibility.
13.1 XING AG may employ subcontractors. In the event that subcontractors are employed, XING AG remains responsible for fulfilling the obligations taken on by XING AG. XING AG is entitled to transfer rights and obligations in full or in part to third parties.
13.2 XING AG reserves the right to amend these general terms and conditions at any time, without giving reasons, unless an amendment is unreasonable to the Company. XING shall give the Company due notice of any amendments of these general terms and conditions. If the Company does not object to the applicability of the revised general terms and conditions within six (6) weeks after receipt of said notice, the amended general terms and conditions shall be deemed to be accepted by the Company. XING AG shall inform the Company of its right to object and of the relevance of the objection deadline in said notice.
13.3 The exclusive place of jurisdiction and place of performance is Hamburg.
13.4 German law is applicable, excluding international private law and provisions of the United Nations Convention on Contracts for the International Sale of Goods.
13.5 If any provision of this agreement is or becomes invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.