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General Terms and Conditions for the use of onlyfy Job Ads – Online customers

 

onlyfy Job Ads are only available to business consumers.

These GTC for the use of onlyfy Job Ads on XING Jobs as well as on third-party job portals and social media, apply for online customers. For individual and framework agreements as well as other special agreements not concluded online, other terms and conditions apply (‘General Terms and Conditions for the use of onlyfy Job Ads – Offline customers’).

 

Recitals

The User concludes this agreement with New Work SE, Am Strandkai 1, 20457 Hamburg, Germany. Further contact details for New Work SE 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 https://www.xing.com/terms/stellenanzeigen-online-kunden.

 

1. Subject of the Agreement

  1. Upon conclusion of the agreement on using onlyfy Job Ads, the User will have the opportunity to publish, against payment, job ads as defined in the plan on XING Jobs and/or, if included in the plan, on third-party job portals and social media and manage them within the onlyfy JobManager 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.
  2. The maximum amount of time that the job ad posted by the User is published online and the job ad's appearance depends on the particular product selected and / or the corresponding product description. Respective details here can be found in the product overview. Once this period of time has expired the job ad will be automatically deactivated. Deactivation in this case means that the job ads will then no longer be accessible for third parties after this point. A complete access to the entire feature set or to the onlyfy JobManager cannot be guaranteed once the last published job ad has been deactivated.
  3. Job ads published on XING Jobs can be called up by XING members as well as third parties outside of XING. Job ads posted on third-party job portals and social media can be called up by their members and by third parties within the technical and contractual limitations of the operating companies of those job portals and social media services.
  4. The User acknowledges that it is technically impossible to achieve 100% availability of onlyfy Job Ads and/or XING.com. However, New Work SE 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 New Work SE (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 New Work SE arising from malfunctions and/or interruptions, no matter on what legal ground, shall be excluded to the extent permitted by law.
  5. New Work SE 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 New Work SE for other reasons. New Work SE 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.
  6. The User may only advertise one single position per job ad. New Work SE reserves the right to deactivate job ads containing more than one vacancy without further notice or to count and individually charge for every additional vacancy posted in a job ad. This shall not give rise to any compensation claims on the part of the User.
  7. A fixed-price job ad may be activated and deactivated as many times as the User likes during the term of the ad. However, following expiry or archiving of the job ad, it cannot be continued and must be reposted. Reposting of a fixed-price job ad means that said ad will be billed for a second time. The job title of the position advertised in a job ad can only be edited for a short period of time.
  8. At New Work SE's discretion, job ads can also be posted by other domains and mobile apps operated by New Work SE, its subsidiaries, and its affiliated companies as well as by the domains and mobile apps of contractually affiliated third parties. The appearance of job ads may differ depending on the broadcast medium.
  9. If onlyfy Job Ad packages include postings on third-party job portals and social media, New Work SE reserves the right to change the functionalities, scope, and/or design and/or to offer other services and publication channels. The terms of use of the third-party job portals and social media services apply, as provided by the operating companies. The Customer recognises that New Work SE has no influence on the publication details, reach, and/or design of job ads in third-party channels.

 

2. Registration, Representations, Authorisation of the onlyfy JobManager

  1. The User must register for the use of onlyfy Job Ads prior to the first publishing of job ads on XING Jobs.
  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 New Work SE without delay.
  3. The use and access to the company's onlyfy JobManager is limited to the User.
  4. In the event that the User cancels their XING membership or has been denied access to XING services (especially as a consequence of violating the GTC for the XING membership), they will not be permitted further access to the onlyfy JobManager.
  5. For the term of this agreement, the user has unrestricted access to his individual settings and any job ads the user has edited or published. Information entered by the user or automatically proved by New Work SE will be accessible to the user within the onlyfy JobManager for the term of this agreement. Once the last published job ad in the onlyfy JobManager has been deactivated, any individual settings or data of the user or other users are subject to deletion. New Work SE is not required to provide access to or further save this data.

 

3. Obligations of the User of onlyfy Job Ads

  1. With the purchase of a job ad on XING, the User confirms that he is authorized to post job ads on behalf of his company.
  2. The User shall comply with the editorial guidelines for the publishing of job ads on XING Jobs or on third-party job portals and social media that are applicable at the time of publishing. XING Job's applicable editorial guidelines can be accessed at any time on the page for creating job ads in XING Jobs. Editorial guidelines for third-party job portals and social media are to be requested from the operating companies. New Work SE in particular reserves the right to set rules regarding the content and layout of onlyfy Job Ads.
  3. The User shall be solely responsible for the contents posted on XING Jobs or on third-party job portals and social media. The User warrants that any job ads posted on XING Jobs or on third-party job portals and social media only contain true representations and do not violate any applicable laws and/or third-party rights.
  4. The General Terms and Conditions for the use of XING also apply for the use of onlyfy Job Ads. The User shall in particular comply with the provisions under clause 4 of the General Terms and Conditions for the use of XING.
  5. It is prohibited to use any methods to measure page views and / or user activity in onlyfy Job Ads other than those provided by New Work SE's own JavaScript. New Work SE reserves the right to not publish or to deactivate job ads that contain any other measurement methods. This shall not give rise to any compensation claims on the part of the User or the Company.

 

4. Changes to the Services on XING Websites

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

 

5. Integration of Company Videos

  1. Integration of company videos into onlyfy Job Ads is implemented with a link to a video hosted on either YouTube or Vimeo.
  2. The link is provided by the User. In the event that the User provides video material for publication, this video material shall be provided according to the technical specifications of New Work SE. The technical quality of the files is in the sole responsibility of the User.
  3. New Work SE is not obligated to examine the video material prior to publication. New Work SE reserves the right to refuse video material provided by the User by reason of origin, content, technical quality or any other materially justifiable reason, particularly in the event that the content of the video material violates the interests of New Work SE.
  4. In the event that the User embeds video content in onlyfy job ad products not authorized for video content, either by using his own technical capabilities or those of a third party, New Work SE has the right to either deactivate this job ad or charge the remaining amount of the price for a onlyfy job ad product that authorizes embedded video content. The User or the Company does not have the right to use the deactivation of the job ad for refund claims.

 

6. Fees, Billing

  1. Payment of a fixed fee shall be due when the job ad is published online (activated).
  2. The applicable fees in each case are provided in the booking process on https://www.xing.com/jobmanager/online. The prices listed here are binding. New Work SE 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 job ad.
  3. Any fees are payable immediately upon presentation of the invoice. The User can settle their invoice using any of the available payment methods. 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 they are responsible for such occurrence. New Work SE may deliver invoices to the User by e-mail. In addition, New Work SE will make said invoices available for download for a period of one (1) year from the date of invoicing.

 

7. Exclusion of Objections

Should the User or the Company object to the amount of the invoiced fees, they shall notify New Work SE 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 or the Company. New Work SE 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 User or the Company shall remain unaffected after expiry of the objection period.

 

8. Sanctions

  1. Should the User or Company violate any contractual duties, statutory provisions, third-party rights or the applicable editorial guidelines or should New Work SE have other justified reasons, then New Work SE may impose the following sanctions against the User:
    • erase contents the User has published on XING Jobs or on third-party job portals and social media,
    • temporarily or finally deactivate one or several onlyfy job ads of the User,
    • issue a warning or
    • bar the User from accessing XING Jobs and / or the onlyfy JobManager.
  2. New Work SE 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 or Company fails to meet payment obligations in due time or in full.
  3. Any complaints by XING members may lead to a temporary deactivation of Ads.
  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), New Work SE 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.
  5. The use of onlyfy Job Ads as part of the services of XING.com is also subject to the General Terms and Conditions for the use of XING. Accordingly, New Work SE 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 the use of XING upon the User if the respective preconditions exist.
  6. If one or several sanctions are imposed on legal grounds, the claims to remuneration by New Work SE shall remain in place to the full amount.

 

9. Termination of the Agreement

  1. The User may terminate this agreement for the use of onlyfy Job Ads at any time without stating a reason. The User may submit notice of termination using the contact form available on all XING websites or by sending a fax or letter to New Work SE. Upon termination the User shall specify the User name and one of the User's e-mail addresses registered on the XING websites.
  2. New Work SE may terminate this agreement for the use of onlyfy Job Ads to the end of each month by serving notice up to fourteen (14) days in advance without stating a reason.
  3. The parties’ right to terminate the agreement for good cause shall remain unaffected.
  4. The remaining time that published job ads remain online shall be unaffected by the termination of the agreement.

 

10. Liability

  1. New Work SE (including vicarious agents) 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 fulfilment 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.
  2. This shall not affect personal injury and property damage claims based on the German Product Liability Act.

 

11. Responsibility of New Work SE

  1. New Work SE 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. New Work SE does not guarantee or promise that the User can establish contact with XING members or other third parties and New Work SE cannot be held responsible for this.
  2. With regard to content New Work SE does not participate in any communication between the User and third parties. If any agreements are concluded via XING websites, New Work SE does not take part in these and is therefore not a contracting party to such agreements. The User shall be solely responsible for the execution and fulfilment of any agreements concluded with third parties. New Work SE shall not be liable if the User is unable to contact the third party via XING websites in connection with such an agreement. Furthermore, New Work SE shall not be liable for any breach of duty in relation to agreements concluded between the User and third parties.
  3. New Work SE shall not be responsible for any contents, data and/or information posted by XING members or for the contents on linked external websites. New Work SE in particular does not guarantee that these contents are accurate, fulfil a particular purpose or are able to serve such purpose.
  4. New Work SE cannot entirely exclude the possibility that job ads published on XING Jobs will be copied, linked and/or published by third parties using frames and then passed off as their own job ads. Such copying, linking and/or framing shall not give rise to any claims on the part of the User against New Work SE.

 

12. Indemnity

  1. The User shall indemnify New Work SE from all claims, including claims for damages, asserted by XING members or other third parties against New Work SE because of an infringement of their rights due to the contents the User has published on XING Jobs and/or on third-party job portals and social media. The User shall assume all reasonable costs incurred by New Work SE due to an infringement of third-party rights, including all reasonable costs for legal defence. All further rights of New Work SE, 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.
  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 New Work SE, obtain the right to use said contents or render said contents free of infringement. Should the User infringe third-party rights by using onlyfy Job Ads, the User shall cease such use violating this agreement and/or the law without delay on request of New Work SE.

 

13. Rights to Contents

Upon posting job ads on XING Jobs, the User grants New Work SE the right of use to utilise the onlyfy Job Ads with respect to all kinds of use connected to the publishing of job ads on XING Jobs and/or on third-party job portals and social media.

 

14. Salary Details

Salary details for job ads supplied by the User are aggregated in the New Work SE salary details database and may be used in aggregated form to display salary details in other job ads. Aggregated salary details cannot be traced back to the User who provided them.

 

15. Final Provisions

  1. No secondary agreements exist.
  2. New Work SE reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the User. New Work SE 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. New Work SE shall inform the User about the User's right to object and about the relevance of the objection deadline in the aforementioned notice.
  3. Failing an agreement to the contrary, the User may submit all notices to New Work SE by e-mail using the Contact Form provided on each of the XING websites or send these to New Work SE by fax or letter. New Work SE may send notices to the User or Company by e-mail, fax or letter to the addresses the User has specified as the User's current contact data in the User account.
  4. The place of performance under these GTC shall be New Work SE's main place of business.
  5. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of New Work SE.
  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.