TERMS OF SERVICE (for Employers)

- Last updated: 14 September 2015 -

 

These terms of service (“Terms”) are applicable between Everjobs Global Services GmbH, email: [email protected] (“Everjobs”), and a (potential) employer (“Employer”) regarding the use of www.everjobs.de (the “Website”, consisting of different sites, each a “Site”).
 
Please read these Terms carefully before using any services offered on the Website.
 
Everjobs offers Employers an online platform to publish job postings to a pool of job seekers registered on the Website (“Users”) or job seekers visiting the Website (“Visitors”). A User can create a curriculum vitae (“CV”) online and search and apply for job offers solicited by Employers on the Website. Employers can post jobs online and search CVs posted by Users. Everjobs’ service is limited to the provision of a marketplace where Employers and Users meet. Everjobs’ does not become party of any negotiations or contracts which are facilitated or closed by using our service.
 
Everjobs recommends printing these Terms for future use. Employers can download or print these Terms via their browser. Employer needs to agree to these Terms in order to use services offered on the Website.
 
Everjobs may change these Terms. Employers will be notified in due time before the changes become effective. The notification will be sent by email to the registered email address of the Employer. If the Employer does not object to the use of the changed Terms within eight (8) weeks after receiving the notification, the new provisions come into effect at expiry of the objection period. An up-to-date version of these Terms is available on the Website.
 
Employers who violate these Terms may have their access to and/or use of the Website suspended or terminated at Everjobs sole discretion. Everjobs might remove any content from any Site, which – to Everjobs sole discretion – fails to comply with these Terms.

 

1. Everjobs’ Services (Permitted Use, Offered Services/Prices/Terms, Commencement, Payment/Invoice, End of Term)

a) Permitted Use

Services offered on the Website should be used by Employers seeking potential employees.
Employers are obliged to:

  1. use the Website in conformity with any applicable laws;
  2. use the Website in conformity with Everjobs’ Privacy Policy available on the Website;
  3. refrain from using any data mining, programmed robots or similar data collecting or extraction methods in connection with the Website;

not copy in any way any content on the Website:

  1. use Everjobs’ services on behalf themselves and not on behalf of a third party;
  2. keep their login details confidential and not share them with a third party;
  3. submit accurate and up-to-date details;
  4. not collect login details, internet protocol addresses, and/or personally identifiable information from Users, Visitors, or other employers;
  5. refrain from discriminating or harassing any individual or company.

b) Offered Services

Everjobs offers the Services described on the Website to Employer. Information about content and terms of the Services is available on the Website. Everjobs reserves the right to modify the services offered on Websites or to offer different services, to the extent reasonable to the user.
 
Services can include sharing data with Employer that is derived from content created by Users. Everjobs does not make any representations regarding the accuracy or validity of such data or its appropriateness for evaluation by Employer. Employer acknowledges that any reliance on material posted by Users will be at Employer’s own risk.

 

c) Commencement of Services

Everjobs confirms booking of Services by a booking confirmation mail (“Booking Confirmation”) that constitutes the date of the commencement of respective services.
 
The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the Websites. Everjobs shall nonetheless endeavor to keep the Website available. Related to maintenance, security or capacity issues and events that are not in the sphere of Everjobs may result in brief malfunctions or temporary cessation of services on the Website. Everjobs reserves the right to switch off Website temporarily (e. g for maintenance) or completely.

 

d) End of Term

The provision of Services ends upon expiry of respective term of booked services.
 
Furthermore, Everjobs reserves the right to terminate any Services in case Employer violates these Terms.

 

2. Required Information about Employers (Employer Account)

For being able to use all Services offered by Everjobs on the Website, Employers have to register on the Website and create an account (“Employer Account”).

a) Registration/Establishing an Employer Account

Employers can register with the following data for an Employer Account on the Website: Employer’s company name, address, contact person, email address, telephone number.
 
To confirm the registration, Employer will receive an email confirming the registration..
 
After Registration, Employer can update the Employer Account with information regarding its business. Details of the Employer Account will be publicly visible as profile on the Website. Information submitted by Employer to create an Employer Account has to be accurate.

 

b) Termination of Employer Account

Employer or Everjobs may initiate the process of terminating an Employer Account. In that case all information saved in connection to respective Employer Account will be marked as deleted and may be deleted from Everjobs databases within a short time. Employers will not have access to deleted information.
 
Employer acknowledges and agrees that in case an Employer Account is terminated, all information saved in the Employer Account will be deleted and removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Everjobs web servers. In addition, third parties may retain saved information relating to Employer. Everjobs reserves the right to delete an Employer Account and all relating information after a significant duration of inactivity, except if Paid Services are booked with respective Employer Account.

 

3. Job Posts

Employers can create a Site by publishing data accessible to Users and Visitors to solicit and offer a job position (“Job Post”).
 
A Job Post may contain:

  • a description of one job position at a time;
  • specific details to describe the offered job position; such details are: job title, specification of upcoming tasks, necessary qualifications, location, salary, keywords, etc.

A Job Post may not contain:

  • a copy of other employers’ Job Posts;
  • links to other websites;
  • unauthorized use of third parties’ trademarks. Everjobs may request at any time proof of authorization for use any marks;
  • unauthorized use of any content (such as logos, pictures, texts, trademarks etc.) not owned by Employer or licensed to Employer to the necessary extent;
  • use of misleading information, especially use of misleading or hidden keywords to achieve a higher popularity in result lists or number of page views;
  • content that violates applicable laws;
  • a job position for and/or advertisements for and/or any other form of endorsement for competitors;
  • any form of endorsement or advertisement for the sale of products or services;
  • endorsement of any kind of involvement in any variation of a fraud or scam scheme.

 

If a Job Post or communication with regard to a Job Post conflicts with any requirements set out in these Terms or if the conformity of any Employer Content (as defined below) with these Terms is in doubt, Everjobs may in its own discretion take appropriate measures to enforce conformity of any conduct with these Terms (not publishing respective content is to be considered an appropriate measure in such circumstances).
 
Employer expressly grants Everjobs the right to use Employer’s company name and respective trademarks for the purpose of increasing visibility and number of applications through booking advertising and/or search optimization in connection with search engine marketing.

 

4. CV Database

Everjobs manages, saves, and processes various CVs submitted by Users in a CV Database (“CV Database”).

a) Use of the CV Database

Employer has to ensure that its use of the CV Database and all connected data is in accordance with all applicable privacy and data protection laws. Employer agrees not to share any of the data from Everjobs CV Database with any third party.
 
Employers are obliged to take appropriate measures to protect data received from Everjobs CV Database from access by third parties. It is prohibited to use CV Database’s data in any kind of automatic process that involves scanning, downloading or evaluating the CV Database; including scraping.
 
Data from Everjobs CV Database must not be used:
for purposes other than contacting Users to solicit job offers; such non-permitted purposes include advertisement for products and/or services other than necessary for the Job Post;
to contact Users via email or otherwise if respective consent to be contacted has not been given or has been revoked by respective User.
 
Employer agrees to deal reasonably and professionally with Users contacted in connection with the CV Database. Everjobs does not guarantee that Users listed in the CV Database are suitable for offered job positions. Employer acknowledges that it might be necessary to perform checks and implement procedures to the extent necessary at Employers own discretion to ensure Users are suitable and qualified for the offered job position.

 

b) Rights relating to CV Database

All intellectual property and other rights relating to CV Database belong to Everjobs respectively its service provider. Employer acknowledges and agrees that Employer does not acquire any rights relating to the CV Database except as necessary and to the extent for Everjobs to perform offered services.

 

5. Website Content

All Website content (including but not limited to audio files, codes, data, designs, graphics, icons, images, information, logos, messages, music, pictures, software, sounds, texts, videos) is protected under intellectual property law and other laws. It is not permitted to use any Website content outside the Website for commercial purposes not impliedly or expressly authorized by Everjobs. Nothing in these Terms shall be construed as granting any license for intellectual property rights to Employer. Unauthorized use of any Website content may violate applicable laws and will be prosecuted by Everjobs.

6. Content created by Employers

Employers are solely responsible for their postings on the Website.
 
Employer will create content (possibly including but not limited to audio files, data, designs, emails, graphics, images, information, logos, messages, music, pictures, texts, trademarks, videos) by way of posting, publishing, and/or sending (or submitting in any other way) in connection with the Website or any communication with Everjobs or Users (“Employer Content”).
 
By creating Employer Content, Employer allows Everjobs to publish Employer Content for the purpose of providing the offered services. Offered services may include publications of Employer Content by third party service providers. Specifications with regard to publications of Employer Content are available in the description of offered services on the Website.
 
Employer further allows Everjobs to mention Employer (and related Employer Content) as reference customer in Everjobs marketing materials; this involves presenting examples of the services provided to Employer.
 
Employer acknowledges and agrees that certain Users and Visitors might access, download, store and/or reproduce Employer Content in their own discretion beyond Everjobs control.
 
Everjobs expressly reserves the right to refuse to accept displaying and/or publishing any Employer Content in Everjobs sole discretion.

 

7. Everjobs Liability

Everjobs makes no representations about any content created by Users, and other Employers on the Website (including but not limited to such content’s accuracy, completeness, reliability, and/or how up-to-date such content is).
 
Everjobs shall be liable under the terms of this Agreement only in accordance with the following provisions:
 
Everjobs shall be unrestricted liable for losses and damages caused intentionally or with gross negligence by Everjobs, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance Everjobs’ liability shall be as set forth in the provisions for simple negligence below.
 
Everjobs shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of Everjobs, its legal representatives or assistants in performance.
 
Everjobs shall be liable for losses caused by the breach of its primary obligations by Everjobs, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which User may rely. If Everjobs breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by Everjobs at the time the respective service was performed. The aforesaid limitation of liability applies also to the personal liability of the staff members, representatives and corporate bodies of Everjobs.

8. Indemnification

Employer will defend, indemnify, and hold harmless Everjobs, its connected companies, and their respective managing directors, employees, and agents, against any claims, actions or demands, including reasonable legal fees against Everjobs arising as a result or in connection with any Employer Content that Employer provides to any Site.

 

9. Links

The Website contains links to third party managed homepages. Everjobs is not responsible for content of such homepages and does not make any representations regarding contents. Employer visits linked third-party homepages on its own risk.

 

10. Choice of Law

These Terms and all arising legal claims are solely governed by the laws of the
Federal Republic of Germany. The courts in Berlin shall have exclusive jurisdiction

 

11. Severability

If any provision of these Terms are invalid or contain gaps, this does not affect the validity of the remaining provisions. Such invalid provision shall be replaced and the gap shall be filled by a valid provision which corresponds to the meaning and purpose of the invalid provision and which corresponds to what would reasonably have been agreed by the Parties in accordance with the sense.