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Terms & Conditions

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D. Additional Terms and Conditions for the use of XING Executive

These Terms and Conditions for the use of XING Executive apply if the user books XING Executive membership and its additional benefits instead of a XING Premium membership.

These Additional Terms and Conditions for the use of XING Executive supplement the General Terms and Conditions for the use of the XING service.

1. Basis for using XING Executive

1.1 XING Executive is an exclusive Premium membership variant and can be purchased instead of a Premium membership. XING Executive can be supplemented with add-ons providing additional benefits beyond the scope of a Premium or Executive membership.

1.2 If the user only has free membership at the time of booking XING Executive, which is subject to acceptance by XING, the user also purchases the Premium membership features offered at the time of concluding the contract.

1.3 If the user already has Premium membership at the time of booking XING Executive, which is subject to acceptance by XING, the user enters into a new XING Executive contract that includes the Premium features offered at the time of concluding the contract. The user’s previous Premium membership contract is thereby terminated. Any remaining paid Premium membership months will expire; fees already paid for these remaining months will be reimbursed to the user pro rata temporis.

2. Conclusion of contract

2.1 The option to use XING Executive membership does not constitute an offer, but merely an invitation to issue an offer. By completing the booking process or submitting a request form, the user consents to enter into the agreement to use XING Executive. XING in turn accepts the user’s consent by rendering the corresponding services or by confirming such in written text form or e-mail. The contract takes effect with the aforementioned acceptance by XING.

2.2 XING is not obliged to enter into the agreement.

3. Term and termination of XING Executive

3.1 After the minimum use period booked by the user expires, XING Executive membership will be renewed by a term of the same length as the original term, unless terminated in due time by the user or XING.

3.2 The user and XING may each terminate without cause XING Executive membership to the end of the initial term chosen by the user in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of three (3) weeks via the contact form, letter, fax or e-mail.

3.3 If XING Executive membership is terminated, the user is entitled to retain a free membership until this membership is terminated, meaning that the additional and advanced XING Executive and Premium membership features will no longer be available.

4. Supplementary terms and conditions for data protection

4.1 Additional personal data may be collected, processed and used in connection with XING Executive in order to provide the services and features included in XING Executive membership. In the event of terminating the use of XING Executive, this data will continue to be stored for the duration of the membership unless the user deletes the data or has XING delete the data beforehand. This primarily serves to allow the user to use previously entered data should he/she decide to use a XING Executive solution or its add-ons or supplementary services again in the future.

4.2 The assertion of the rights of data subjects as defined by sec. 33 et seqq. of the German Federal Data Protection Act (BDSG) shall remain unaffected.

5. Right of withdrawal

Right of withdrawal for consumers

Instructions on withdrawal and model withdrawal form

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the date of contract conclusion. To exercise the right of withdrawal, you must inform us

New Work SE

Dammtorstrasse 30

20354 Hamburg

Phone: +49 40 419 131 0

Fax: +49 40 419 131 11

E-mail: en-invoice@xing.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the contact form available on each of our webpages). You may use this model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

You may download and use the model withdrawal form available as a PDF file.

Exclusion of right of withdrawal:

The right of withdrawal does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB).

Other additional information: You expressly agree that we will start to render the service before the end of the withdrawal period.