General Terms and Conditions for the use of XING Job Ads – Online customers
‘XING’ refers to New Work SE. Depending on the given context, XING and XING Job Ads can be used to describe the service covered by this agreement.
XING Jobs is only available to business consumers.
These GTC for the use of XING Job Ads on 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 for the use of XING Job Ads – Offline customers’).
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
- Upon conclusion of the agreement on using XING Job Ads, the User will have the opportunity to publish, against payment, job ads as defined in the plan, and, if included in the plan, company videos on XING Jobs and manage them within the XING 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.
- 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 XING JobManager cannot be guaranteed once the last published job ad has been deactivated.
- Job ads published on XING Jobs can be called up by XING members as well as third parties outside of XING.
- The User acknowledges that it is technically impossible to achieve 100% availability of XING Job Ads and/or XING.com. However, XING 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 XING (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 arising from malfunctions and/or interruptions, no matter on what legal ground, shall be excluded to the extent permitted by law.
- XING 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 for other reasons. XING 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.
- The User may only advertise one single position per job ad. XING 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.
- 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.
- At XING'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.
2. Registration, Representations, Authorisation of the XING JobManager
- The User must register for the use of XING Job Ads prior to the first publishing of job ads on XING Jobs.
- 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.
- The use and access to the company's XING JobManager is limited to the User.
- In the event that the User cancels their XING membership or has been denied access to XING services by XING (especially as a consequence of violating the GTC for the XING membership), they will not be permitted further access to the XING JobManager.
- 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 XING will be accessible to the user within the XING JobManager for the term of this agreement. Once the last published job ad in the XING JobManager has been deactivated, any individual settings or data of the user or other users are subject to deletion. XING is not required to provide access to or further save this data.
3. Obligations of the User of XING Job Ads
- 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.
- The User shall comply with the editorial guidelines for the publishing of job 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 job ads in XING Jobs. XING in particular reserves the right to set rules regarding the content and layout of job ads on XING Jobs.
- The User shall be solely responsible for the contents posted on XING Jobs. The User warrants that any job ads posted on XING Jobs only contain true representations and do not violate any applicable laws and/or third-party rights.
- The General Terms and Conditions for the use of XING also apply for the use of XING 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.
4. Changes to the Services on XING Websites
XING 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. Integration of Company Videos
- Integration of company videos into XING Job Ads is implemented with a link to a video hosted on either YouTube or Vimeo.
- 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.
- 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.
- In the event that the User embeds video content in XING job ad products not authorized for video content, either by using his own technical capabilities or those of a third party, XING has the right to either deactivate this job ad or charge the remaining amount of the price for a XING job ad product that authorizes embedded video content. The User does not have the right to use the deactivation of the job ad for refund claims.
6. Fees, Billing
- Depending on the product selected by the User, payment of a fixed fee shall be due when the job ad is published online (‘fixed-price product’). Alternatively, the fee may be based on how many times a job ad is clicked during the period in which it is published online (‘click-price product’, so-called ‘pay-per-click’). The total amount of clicks is established exclusively with XING's measurement methods.
- 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. XING 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.
- For the purposes of these GTC, a click shall mean each instance in which a third party calls up a webpage of XING or one of its subsidiaries or a mobile-app screen of XING or one of its contract partners on which the User's job ad is shown.
- Having opted for the click-price product, the User can define an upper limit regarding the total number of clicks for individual job ads published by the User on XING. Upon reaching the upper limit the respective job ad published by the User will be deactivated.
- 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. XING may deliver invoices to the User by e-mail. In addition, XING 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 object to the amount of the invoiced fees, they shall notify XING 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 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 shall remain unaffected after expiry of the objection period.
- Should the User violate the User's contractual duties, statutory provisions, third-party rights or the applicable editorial guidelines or should XING have other justified reasons, then XING may impose the following sanctions against the User:
- erase contents the User has published on XING Jobs,
- temporarily or finally deactivate one or several job ads of the User,
- issue a warning or
- bar the User from accessing XING Jobs and / or the XING JobManager.
- 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 fails to meet the User's payment obligations in due time or in full.
- Any complaints by XING members may lead to a temporary deactivation of Ads.
- 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 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.
- The use of XING 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, XING 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.
- If one or several sanctions are imposed on legal grounds, the claims to remuneration by XING shall remain in place to the full amount.
9. Termination of the Agreement
- The User may terminate this agreement for the use of XING 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 XING. Upon termination the User shall specify the User name and one of the User's e-mail addresses registered on the XING websites.
- XING may terminate this agreement for the use of XING Job Ads to the end of each month by serving notice up to fourteen (14) days in advance without stating a reason.
- The parties’ right to terminate the agreement for good cause shall remain unaffected.
- The remaining time that published job ads remain online shall be unaffected by the termination of the agreement.
- XING (including the vicarious agents of XING) 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.
- This shall not affect personal injury and property damage claims based on the German Product Liability Act.
11. Responsibility of XING
- XING 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 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.
- With regard to content XING 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. XING 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 shall not be liable for any breach of duty in relation to agreements concluded between the User and third parties.
- XING shall not be responsible for any contents, data and/or information posted by XING members or for the contents on linked external websites. XING in particular does not guarantee that these contents are accurate, fulfil a particular purpose or are able to serve such purpose.
- XING 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 XING.
- The User shall indemnify XING from all claims, including claims for damages, asserted by XING members or other third parties against XING 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 New Work SE due to an infringement of third-party rights, including all reasonable costs for legal defence. All further rights of XING, 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.
- 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, obtain the right to use said contents or render said contents free of infringement. Should the User infringe third-party rights by using XING Job Ads, the User shall cease such use violating this agreement and/or the law without delay on request of XING.
13. Rights to Contents
Upon posting job ads on XING Jobs, the User grants XING the right of use to utilise the job ads with respect to all kinds of use connected to the publishing of job ads on XING Jobs.
14. Salary Details
Salary details for job ads supplied by the Partner 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 Partner who provided them.
15. Final Provisions
- No secondary agreements exist.
- XING reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the User. XING 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 shall inform the User about the User's right to object and about the relevance of the objection deadline in the aforementioned notice.
- Failing an agreement to the contrary, the User may submit all notices to XING by e-mail using the Contact Form provided on each of the XING websites or send these to XING by fax or letter. XING 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.
- The place of performance under these GTC shall be XING's main place of business.
- Place of jurisdiction, insofar as legally admissible, shall be the main place of business of XING.
- 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.