1. Scope

1.1 – Through our online shop (available at https://the-network-com.wp-uat.stepstone.works/post-a-job/or any other location incorporating these T&Cs) customers can order one job ad listing to be posted on a website of our partners (a list of partners and countries can be found at https://the-network-com.wp-uat.stepstone.works/member-job-board/, referred to as “Partners” hereinafter) as selected by the customer, as further defined in section 3 below. We only enter into contracts with entrepreneurs in the sense of Section 14 of the German Civil Code. These Terms and Conditions („T&Cs”) apply to all such contracts for one listing, which are concluded via online ordering through our online shop between us, Network eG, Völklinger Str. 1, 40219 Düsseldorf, Germany („Network“) and a customer.

1.2 – If a customer wants to purchase more or additional products or services than one job ad listing, we offer the customer to have its contact details and request forwarded to our Partners through completing the form at https://flashpost.the-network.com/lead/form. Any contract for such additional products or services will then be concluded directly between the customer and the Respective Partner. Further details about the transmission of personal data in that context is available in our privacy statement at https://the-network-com.wp-uat.stepstone.works/terms-of-use-privacy-statement/ in the section “Request information about our and Partners’ services”.

1.3 – Transmission to international cooperation partners:

We may transfer the contact details of a customer and the customer’s contact person to our cooperation partners around the world, who operate job boards, if we consider it likely that these cooperation partners might provide useful services to the customer and where we believe it might be useful for the customer to be supported directly by the cooperation partner. The legal basis is a legitimate interest pursuant to Art. 6 Para. 1, S. 1 f DSGVO, namely the interest to provide the customer with the most useful services.

1.4 – The version of the T&Cs valid at the time of conclusion of the contract shall be decisive.

1.5 – We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to such customer’s terms and conditions or their inclusion into the contract.

2. Conclusion of the contract

2.1 – The presentation and promotion of services in our online shop does not constitute a binding offer to conclude a contract.

2.2 – The following individual technical steps lead to the conclusion of a contract:

• The customer selects the country, where it wants to recruit and selects the jobboard corresponding to such country
• The customer provides company details, contact details and billing details, accepts these T&Cs and clicks “register and start entering a job description”.
• The customer enters the details and contact information for the job ad.
• The Customer reads and accepts the “Submit and proceed to checkout” button.
• The Customer is redirected to payment platform (www.Stripe.com) to enter credit card details and finalize the order.
• We confirm receipt of the order without undue delay by sending an email to the customer. Such an e-mail does not yet contain a binding acceptance of the order, unless it also declares acceptance in addition to the confirmation of the receipt.
• If we accept the order, we will send an email for the acceptance, whereby the contract is concluded.

2.3 – If we do not send an acceptance of your order, a contract is not concluded.

2.4 – Before you send the order as described above, the customer can review the data and information provided by the customer for the order during the respective step and can correct any input errors in such data by replacing it in the respective fields during the respective step described above.

2.5 – The language available for entering the contract with us is English.

2.6 – If you buy a listing via a Multiposting Platform (e.g. Broadbean) the contract will be concluded between you and us by completing the order process within and accepting the Terms and Conditions of the Multiposting Platform.

3. Subject Matter of the Contract

3.1 – Under the contract we will provide the customer with advertising space for the publication of one job advert at the jobboard of the Partner that the customer has selected during the order process (“Respective Partner”) for the duration (commencing at the time of conclusion of the contract) and with those features that are defined for that jobboard during the order process (the “Service”). The Network and the Respective Partner are entitled to use vicarious agents in providing the Service under the contract. Neither Network nor the Respective Partner guarantee a specific number of applications in response to a job ad.

3.2 – We and our Partners constantly endeavor to optimize the response to the customer’s job adverts and to increase the quantity and quality of the accessible offers. This also includes:

• Entering into cooperations in all media (including online, offline, TV, mobile, moving image products and new types of use). The job Ads may be published by Respective Partners online and/or offline in print, sound or image, including in print or online media of third party cooperation partners;
• Ensuring user-friendly readability on all devices by optimizing the display of the advert.
• The Network and the Respective Partners may amend or change the categorization or classification of job ads at their own discretion at any time. The customer has no right to publication of its job adverts in any specific category or classification of its choice.
• In order to improve the quality of the job ad across all devices, the Network and the Respective Partners may change the layout of the job ad accordingly.

3.3 – The transfer of the contract to a third party by the customer (“reselling”) requires the Network’s prior consent.

3.4 – The Network and the Partners are not obliged to fulfil orders placed by the customer and may remove job ads that have already been published if they breach legal provisions, official regulations, the rights of third parties or offend the principles of common decency or are in breach of StepStone’s terms and conditions, particularly if they violate section 6 or 3.7 (“Illicit Content“). This also applies if links included in the customer’s job ads lead directly or indirectly to pages containing Illicit Content. The customer’s payment obligation remains unaffected. The customer is obliged to keep any personal data of applicants to the job ad published only for the duration permitted by national laws and will delete any such data thereafter.

3.5 – If a claim is made against the Network or the Respective Partner on the grounds of Illicit Content or any other breaches of the law for which the customer is responsible, the customer will indemnify Network and the Respective Partner upon first request. The indemnification will also include the necessary legal costs.

3.6 – The customer will bear the sole legal responsibility for the content provided for publication, particularly but not limited to press law, the law against unfair competition, data protection law and all other applicable rules for the content intended for publication that it provides. The customer is responsible for compliance with the applicable statutory provisions relating to the content it supplies. The customer further warrants that the content of the adverts and their use by the Network and the Respective Partners as per the contract and these T&Cs do neither breach any laws, acts, codes or other applicable legal regulations nor do they infringe any third-party rights, such as copyrights or ancillary rights.

3.7 – The job ad and its content must generally comply with the following requirements:

• If a self-employment or freelance work is advertised, it must be clearly indicated as such in the text.
• If the candidate must make advance payments or financial investments of his own (including participation in training and travel expenses), this must be clearly stated in the text. The same applies if the successful advertisement of new members is commissioned by a self-contained system.
• The content must refer to a free position or activity. Advertising for club or association memberships is not permitted. Furthermore, advertising for participation in illegal structural distribution is not permitted.
• Websites that are named or sent to us or the Partner for linking must comply with the legal requirements and the principles developed by the jurisdiction for websites.
• Permitted links are only permitted as so-called “no follow” links, i.e. they are to be set up in such a way that they are not to be used by search engines to calculate link popularity.
• All contents of a job ad must be directly visible to the user. As far as they are not explicitly offered by the Partner as part of special ad products, the customer’s own tracking codes and interactive elements that are controllable by clicks or mouse-over, for example, are not permitted (for the avoidance of doubt, this does not include links to other pages and e-mail addresses as far as these meet the other requirements of this section). In any case, links must be designed in such a way that it is recognizable when they link to external pages.
• The requirements of the applicable antidiscrimination laws must be complied with.
• No content that is not relevant to the job search, such as competitions, events without career reference, pure advertising campaigns, etc., may be published in addition to content relating to the position or activity.

In addition to these general requirements, the job ads must also comply with the local requirements of the individual Partners, which are listed in Appendix 1 to these T&Cs.

3.8 – Some Partners might accept the publication of job even though they don’t comply with the requirements defined in section 5 above. Any such publication shall not be construed as a waiver of the respective requirement by Network or the Partner.

3.9 – The customer is aware that the content published on the internet will be searched by search engines such as Google and others and these search engines will archive the published content on their systems. Even if a Partner (without being obliged thereto) specifies in the metadata of the adverts that job ads should not be archived, the Partner and the Network cannot prevent any third party from archiving any such data and ignoring such metadata specification. Furthermore, the customer is informed that neither the Network nor its Partners can prevent the unauthorized duplication and publication of job ads by third parties. However, customer agrees and approves that the Partner may (without being obliged thereto) make every effort to prevent such publications within the realms of what is legally and technically possible.

3.10 – As part of the Service, the customer may also be granted access to CV database by some of the Respective Partners. Furthermore, some of the Respective Partners may allow candidates to apply directly on their platform to the position advertised in the job ad a button and may then store the application in their systems. Since such access to a CV database and/or the storage of applications will include the processing of personal data, applicable laws on data protection will apply and the customer shall act in full accordance with the applicable legal regulations, laws that protect third parties and the principles of common decency. In particular, the customer undertakes not to pass on personal data of candidates, unless this is necessary to fill a specific vacant position, to treat such data confidentially and to comply with all data protection regulations. Candidate data may only be processed in connection with the filling of a specific vacant position and candidates may only be contacted for this purpose. The customer is aware that special rules apply to the transfer of data from outside of certain territories, e.g. from the EU and EEA to third countries. Accordingly, the customer shall only transfer personal data to third countries in accordance with the provisions of the applicable laws. Any personal data of candidates may only be stored as long as permitted under local legislation to fill a vacant position, so that the customer undertakes to delete any data of the data subject that is stored and received from a Respective Partner after such period. It is understood that candidate information is provided solely by the candidates themselves, meaning that neither Network nor the Respective Partner can guarantee its completeness, correctness, accuracy or availability. The access to a CV database and/or the storage of applications can result in joint controllership between the customer and the Respective Partner or can result in a data processor relationship, so that the additional terms as defined in Appendix 2 shall apply. The customer shall indemnify the Network and the Respective Partner against all losses, costs, claims, damages and other expenses incurred by the Network and/or the Respective Partner due to non-compliance with the customer’s obligations under this section 10.

4. Intellectual Property Rights

4.1 – This contract does not contain any transfer of property rights and usage rights, licences or other rights in and to the software underlying the Respective Partner’s or Network’s platforms to the customer. All rights to the software used by the customer, to marks, titles, trademarks, copyrights and other commercial rights/intellectual property rights of the Network or the Respective Partner will remain entirely with Network or the Respective Partner. All work results and information published by the Respective Partner are subject to the Respective Partner’s copyright, except for such content that was provided by the customer and used for publication by the Respective Partner without any change to such content. The Respective Partner is the maker and originator of its databases as set out in the EU Database Directive 96/9/EC, those acts implementing this Directive and any similar acts existing in other jurisdictions.

4.2 – As far as necessary in the individual jurisdictions of the Respective Partner, the customer agrees that the Respective Partner may use the customer’s name, trademarks and logos (“IP-Rights”) for the purposes of providing the Service. Additionally, the customer agrees that the Respective Partner may mention customer as a reference customer in the Respective Partner’s marketing materials (such as eg. but not limited to websites and brochures), that the Respective Partner may use the customer’s IP-Rights in this context and may present examples of the services provided to and the materials published on behalf of customer.

5. Customer’s Obligations

5.1 – The customer undertakes to provide Network and the Respective Partner in good time with all information and documents that are necessary and appropriate for the performance of the contractual Service.

5.2 – When using IDs, passwords, usernames or other security devices provided in connection with the Service, the customer shall exercise the greatest possible care and take all measures that ensure the confidential, secure handling of the data and prevent its disclosure to third parties. The customer will be held responsible for the use of its passwords or usernames by third parties if it cannot convincingly demonstrate that the access to such data was not caused by the customer itself and the reasons for this were out of its control. The customer shall inform the Network and the Respective Partner immediately of any potential or already known unauthorized use of its access details. In the event of a breach of one or more of the obligations specified in these T&Cs by the customer, in particular but not limited to those stated in this section, Network and the Respective Partner have the right to terminate the Service without further notice and remove the job ad from the Respective Partner’s platform, without waiving any payment obligations of the customer.

6. Data Protection

6.1 – We process personal data of our customers (if the customer is a natural person) and our customers’ employees. Further details about such processing is provided in our privacy statement at https://the-network-com.wp-uat.stepstone.works/terms-of-use-privacy-statement/.

7. Remuneration

7.1 – The customer shall pay the fee (plus VAT, if applicable) to the Network that was agreed to during the order process.

7.2 – Payment shall be made via credit card.

7.3 – In the event of default of payment, we are entitled to withhold the Service in full or in part until payment has been made in full. This will not apply if the customer has a right of retention.

7.4 – Payments from the customer will in all cases be set off against the oldest existing claim. We may refuse performance of the Service until the customer has made all payments due.

8. Warranty and limitation

8.1 – The provision of the Service is based exclusively on the subject matter as defined in section 3 The customer shall review the Service on receipt without undue delay and notify us of any deficiencies without undue delay. If it fails to do so, the Service shall be deemed provided in a flawless manner.

8.2 – In the first instance, we attempt to meet our obligation of subsequent performance by means of subsequent fulfilling. Only if the subsequent fulfilling fails twice the customer may revoke the contract or exercise its right to demand a price reduction.

8.3 – The customer’s warranty rights do not extend to defects that relate to a merely minor variance from the agreed condition or a merely minor impairment of utility.

8.4 – All warranty claims shall lapse within one year. The limitation period shall commence at the point at which the customer acquires knowledge of the defect or ought to have acquired knowledge in the event of gross negligence.

9. Liability

9.1 – We shall be liable for damages, irrespective of the legal grounds, in the event of willful misconduct and gross negligence.

9.2 – In other cases, we shall only be liable in the event of the breach of a contractual obligation, the proper execution of which is essential for the performance of the contract and on compliance with which a customer may normally rely (known as a cardinal duty). This liability shall be limited to compensation for the foreseeable loss typical for this type of contract. In all other cases liability shall be excluded, subject to the following provision in clause 3.

9.3 – The foregoing limitations and exclusions of liability shall have no bearing on liability for losses arising from death or personal injury and under the German Product Liability Act (Produkthaftungsgesetz).

9.4 – The customer can only withdraw or terminate due to a breach of duty not involving a defect if the Network is responsible for this breach of duty.

9.5 – If a claim is made against the customer by a third party (“property rights claim”) for an infringement of patents, copyrights, trademarks, business designations or business secrets by a service provided by us or the Respective Partner (“property rights infringement”), we will indemnify the customer against all costs (including legal defence costs) and claims which it incurs due to final judgements by competent courts or written settlements concluded by us, provided that (i) the customer did not cause the property rights infringement, for example in the case of the publication of Illicit Content as defined at section 4, (ii) the customer informs us in writing within no more than twenty (20) working days of the claim first being made, (iii) we retain sole control of the defense against the property rights claim and (iv) the customer provides appropriate support and all of the information so that we meet our obligations according to this. The above obligation will not apply to actions or declarations for which we have not given our prior consent in writing and not if the customer continues the infringing activity after it has been informed of changes which would have prevented an infringement. If a property rights infringement has been established by a competent court or is considered to be possible by us, we may at our own discretion and at our own cost either (i) replace or change the Service so that a property rights infringement no longer exists, or (ii) obtain a usage right for the customer to the property right or (iii) if measures pursuant to (i) or (ii) are not possible or not reasonable, terminate the contract extraordinarily with immediate effect.

10. Confidentiality

10.1 – The Network and the customer undertake to maintain confidentiality over all information that they have acquired directly or indirectly in connection with the respective contract as well as in the course of the execution thereof and that is of a technical, financial or other commercial or confidential nature and not to pass such to third parties. Companies affiliated with the Network in terms of sections 15 et seq. of the German Stock Corporation Act and the Respective Partners are not deemed to be third parties.

10.2 – This duty of confidentiality does not apply to information that is in the public domain or that was already known to the receiving party, or that the receiving party lawfully acquired from a third party or developed itself without breaching confidentiality obligations. The burden of proof shall lie with the party seeking to rely on this provision.

10.3 – These comprehensive confidentiality obligations shall also remain in force after the end of the respective contract.

11. Miscellaneous

11.1 – We store the text of the contract (consisting of the customer’s order, terms and conditions and our order confirmation) and the customer can request such contract from us.

11.2 – After concluding the contract, we and the Respective Partner may send e-mails to the customer about similar services provided by us or the Respective Partner. The customer can object to any such information at any time without formal requirements and without any further costs.

11.3 – These T&Cs and all legal relationships between the Network and the customer are subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law and associated clauses on legal forum or conflicts of law.

11.4 – The exclusive place of jurisdiction is at the place of the registered office of Network eG.

FILES ATTACHED:

Appendix 1

Appendix 2

Figaro Classified T&C

Trovolavoro T&C