jobs.lu

TERMS AND CONDITIONS

General Terms and Conditions

  1. SCOPE

    1. Jobs.lu (Luxembourg Branch) S.A.R.L. (“jobs.lu”) and the undersigned business partner (“customer”) agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. jobs.lu’s Terms and Conditions, together with the Additional Terms and Conditions and the price list contain the whole agreement between jobs.lu and the customer. Any terms and conditions of the customer do not apply, unless jobs.lu explicitly consents to them in writing.

    2. The version of jobs.lu’s Terms and Conditions in force at the time of the last concluded contract with the customer shall apply to the relationship between jobs.lu and the customer. These Terms and Conditions only apply to business customers and not to consumers.

  2. CONCLUSION OF CONTRACT

    1. The contract is concluded when jobs.lu receives the signed acceptance of the contract offer which shall contain date and signature of the customer or when jobs.lu confirms the order in writing or by email or when jobs.lu publishes the ad on the internet or when jobs.lu sends the customer the login data in writing or by email, and the customer therefore has access to the job listing management. Faxes are considered to be a written form.

    2. By the customer altered contract offers or offer acceptances as regards content shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by jobs.lu which will either be made explicitly or implicitly by provision of the services.

  3. DESCRIPTION OF SERVICES

    1. The contract obliges jobs.lu to publish the products and perform the services agreed upon in the contract (“service elements”) in accordance with these Terms and Conditions. Additional to the description of services jobs.lu‘s Additional Terms and Conditions apply.

    2. Non-competition clauses are not accepted.

  4. REMUNERATION

      Payment for the services performed by jobs.lu is set out in the price list given to the customer. The price list which was in force and given to the customer at the time when the offer was made to the customer shall be valid, services that are not included in the jobs.lu price list are subject to individual agreements between jobs.lu and the customer.

  5. CONDITIONS OF PAYMENT

    1. Payment referred to in section 4, includes all additional costs such as emails, telephone calls, fax, data transmission, copies and postage which are usually incurred. The cost of correction and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. jobs.lu will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay jobs.lu for these additional costs if he has consented to them.

    2. The customer will be invoiced immediately after the conclusion of the contract and the latest at the beginning of the contract period. Payment is due 30 days after receipt of the invoice, without deductions.

    3. If jobs.lu does not receive payment by the due date, jobs.lu shall be entitled (without prejudice to any other remedies) to charge interest on all sums outstanding after the due date on a daily basis at the rate of 4% above the EURIBOR rate.

    4. If the payment has not been received within thirty days following the commencement of the period, jobs.lu may cease the services provided to the customer under the contract.

    5. All prices exclude any VAT legally payable on the date of the invoice.

    6. Any payments made by the customer will be credited against the oldest outstanding invoice. jobs.lu may refuse to render its services until customer has made all outstanding payments.

  6. THE BASIS OF COOPERATION/ HOUSE RULES FOR POSTING JOBS ON JOBS.LU

    1. jobs.lu is committed to continually optimize the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications.

    2. jobs.lu is entitled to make changes to the presentation, layout and functionality of the jobs.lu website.

    3. The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with jobs.lu’s consent.

    4. As far as jobs.lu has obtained the customers email address in connection with an order, jobs.lu may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by jobs.lu via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. Jobs.lu will inform about the right to opt out in every mail.

    5. The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This also includes the customer’s obligation to immediately inform jobs.lu if one of the service elements becomes outdated.

    6. The customer shall ensure that he receives emails from jobs.lu unobstructed and will set jobs.lu as “trusted server”.

    7. jobs.lu may review the information which the customer intends to place or has placed on the jobs.lu website if they breach legal provisions, official regulations, the right of third parties or good morals or the terms and conditions of jobs.lu (“illegal content”). This also applies if links included in the customer’s service elements lead directly or indirectly to pages containing illegal content. The customer’s payment obligation remains unaffected. jobs.lu shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify jobs.lu and hold jobs.lu harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

      In particular this includes following content:

        • If a self-employed or freelance job is posted, it must be made explicitly that the job is self-employed or freelance.

        • If the candidates has to make payments or investments (including training and/or travel fess), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.

        • Service elements must refer to a specific vacant position or job.

        • Service elements must specify the job position correctly and must not be misleading.

        • Any service elements that violate anti-discrimination law.

        • Even if the aforesaid requirements are met, no content must be published to the position or job that is irrelevant to the job search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.

      If these requirements are not fulfilled the content shall be deemed illegal content as per section 6.7.

    8. The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the internet service supplied by jobs.lu or trouble and fault free network operation in general.

    9. The customer guarantees that all of his content or parts thereof published by him on the internet or given to jobs.lu for publication are not encumbered by third party rights. The customer shall indemnify jobs.lu and hold jobs.lu harmless against any damage jobs.lu suffers from an infringement of this provision by the customer on first demand.

    10. For job service elements that are published or used at websites that are not operated by jobs.lu, additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by jobs.lu are provided upon request. In addition to these Terms and Conditions the Terms and Conditions of the respective website apply.

  7. INTELLECTUAL PROPERTY RIGHTS

    1. The contract does not transfer any (intellectual) property right, license or right of use from jobs.lu to the customer. All of jobs.lu’s rights (including but not limited to copyright, trademark rights, sui generis data base rights, logos, titles as well as any other commercial rights) remain jobs.lu’s (intellectual) property without restriction.

    2. All material and content published by jobs.lu is subject to jobs.lu’s intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer’s or third party’s intellectual property rights and that have not been modified/revised by jobs.lu.

    3. By placing the order for publishing job listings on the Internet, jobs.lu obtains the sole database right to the customer’s job listings published in the database by jobs.lu.

    4. The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.

    5. By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

  8. WARRANTY, MALPERFORMANCE

    1. jobs.lu warrants that it will fulfil the services ordered by the customer to be rendered by jobs.lu on the Internet in a manner that complies with usual technical standards.

    2. Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If jobs.lu is liable for a defect of a service element, jobs.lu shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction or may withdraw from the agreement about individual service elements. Upon jobs.lu's request the customer must inform jobs.lu within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services. In the case of repeated clients, the client may terminate the entire contract for the future. Termination of the contract shall not be effective insofar as service elements have already been published.

    3. All liability claims shall become time barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the client giving rise to such claim.

  9. LIABILITY

    1. jobs.lu shall be liable for damages - irrespectively of their legal basis - in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if jobs.lu has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases jobs.lu shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.

    2. In case of a violation of jobs.lu's obligations that is not a defect; the customer may only withdraw from or terminate the agreement if jobs.lu is responsible.

  10. CONFIDENTIALITY

    1. The contractual parties shall treat all information and data, which they receive from the other contractual party in conjunction with the implementation of this contract, as confidential and shall not make them accessible to third parties. This obligation shall also apply after the end of the contract.

    2. Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

    3. The customer is advised in accordance with data protection laws that jobs.lu stores his data in a machine readable form and uses it according to the purposes of this contract.

    4. It is the customer's responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform jobs.lu if it is likely or has become known that someone not authorised is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular including but not limited to the infringement of any obligation described in this section, jobs.lu is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.

  11. CEASE AND DESIST UNDERTAKING OR COURT ORDERS

      If the customer has received a cease and desist letter due to a product published at jobs.lu, gave an undertaking to cease and desist from certain advertisement (-content) or if a respective court order, judgment or any other court decision has been served, the customer is required to inform jobs.lu immediately in writing about this. If the customer fails to inform jobs.lu, jobs.lu shall not be liable. The customer shall then be required to indemnify jobs.lu on first demand against all claims of third parties and shall hold jobs.lu harmless from any eventual damages.

  12. TERM

    1. This agreement shall be effective from the date on which jobs.lu receives a signed version of the contract. The term agreed therein shall begin with the rendering of the first service element. This contract terminates automatically after the agreed period has expired, unless the additional terms and conditions set out below contain different provisions.

    2. Service elements can only be ordered during the agreed contractual period. The client's rights to order service elements that have not been claimed before the termination of the contract shall end with the termination of the contractual period.

  13. MISCELLANEOUS

      This agreement is governed by and shall be construed in accordance with the laws of Luxembourg and the parties submit to the exclusive jurisdiction of the Luxembourg’s Court.

ADDITIONAL TERMS AND CONDITIONS

ADVERTISMENTS

  1. Description of Services

    1. These additional terms and conditions for job ads and company presentations (“advertisements”) apply in addition to our general terms and conditions and prevail in case of doubt.

      The customer can publish one or more advertisements for a recruiting purpose.

    2. The content published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per section 6 of jobs.lu’s General Terms and Conditions:

        • Indexing and categorization, title and visible text of the job ad must relate to the position offered in the job ad.

        • Text references and/or links within a job ad to further job offers that are not published at jobs.lu are not permitted. This includes the vacant jobs section at the customer’s website.

        • Excessive CAPITAL LETTERS or **** Punctuation !!!! should not be used within the job advertisement text

        • Job advertisements should not be cloned more than once per week.

        • The job advertisement should be deleted as soon as the position is filled.

        • If there are costs involved for the jobseeker at any stage in the application process, it must be expressively stated in the advertisement.

        • The job advertisement must be placed in the right categories and regions. The “Miscellaneous”- or “Crazy Jobs”- section should be used carefully.

        • An advertisement must not contain more than one position and the description of the advertised job position must not be amended during the term of the advertisement. Also, additional job locations must not be added to the advertisement during its term. In case of non-compliance jobs.lu reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.7 of the General Terms and Conditions.

        • Generic content in the job advertisements such as “TEMPS, TEMPS, TEMPS” or “Legal, Legal, Legal” must be avoided

        • The customer’s email address should neither be placed within the job title or the job description. There is an extra section for placing the email address.

        • Within a job ad only links to the company’s online presence are allowed.

        • Links to competitors of jobs.lu are not allowed unless the customer itself is competitor of jobs.lu and links to its own online presence.

        • The customer shall ensure that any information placed on the jobs.lu website by the Customer shall comply with the requirements of the employment equality legislation in force.

    3. jobs.lu is entitled but not required to make the job listings accessible otherwise, in particular through partner sites or by setting corresponding links to other websites. Jobs.lu will not charge any additional fees for such additional performance.

    4. The customer is advised that according to the current state of technology, it cannot be ruled out that the job listings published on our internet sites are also copied, linked and/or published, disguised as their own offer, by other internet providers. Within the framework of the technical and legal possibilities, we shall endeavor to prevent copying, linking and/or framing as described above. To this end, the customer herewith grants any required consent. However, if there is any unauthorised linking and/or framing, which has not been caused by us culpably or negligently, this shall be tolerated by the customer. The customer cannot derive any claims against us from this.

    5. The personal data provided by the customer within the framework of the job listing contract, which are needed simply for registration but which are not included in the job listings, are not made accessible, forwarded or published by us to third parties.

    6. Offers that are subject to change: International Deals and free services

        • Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on jobs.lu’s continued cooperation with its cooperation partners in the respective countries. A change of jobs.lu’s conditions for international deals does not entitle the customer to terminate framework agreements.

        • In its sole discretion jobs.lu may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by jobs.lu at any time. The customer cannot claim continued fulfillment of services free of charge.

CV Database

  1. Description of services

    1. These additional terms and conditions “CV Database” apply in addition to jobs.lu’s General Terms and Conditions and prevail in case of doubt.

      Jobs.lu operates a database on the jobs.lu website which contains CVs of jobseekers (“Candidates”). Candidates can enter their CV or create a CV in the database. The customer, that orders an access to the CV database, may directly view public profiles and contact the candidates behind the profile and in case of anonymous profiles may, via the jobs.lu electronic system, send a contact request to the candidate behind the profile.

    2. jobs.lu only grants access to the CV databese to customers for their own personal needs. No customer may forward access to the CV database or CV’s to third parties. It is not allowed to access the CV database for enticement of customers. No customer may place deep links from his own web site to the CV database (“deep links”) jobs.lu reserves the right to take immediate legal action against any infringement of this clause without giving any prior warning notice.

    3. The customer may make use of certain functionalities in the CV database. The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving prior warning. Data will automatically be removed from the CV database for data protection reasons as soon as a candidate deletes his CV from the CV database. The CV database must not be used for any purposes violating antidiscrimination law.

    4. If the customer saves the personal data of candidates on his own system he is obliged to comply with further monitoring duties. Should a candidate delete his CV from the CV database, the customer is obliged to immediately delete such data from his own system. He is then also obliged to destroy any related hard copies.

    5. Depending on the specific price model agreed upon the customer can access a predefined number of CVs in the CV Database for a predefined time and may contact the predefined amount of profiles individually in order to fill a specific open position.

  2. Obligation of the customer

    1. The customer warrants that he will comply with all legal provisions, third party rights and good morals. Section 6 of these general terms and conditions shall prevail.

    2. In particular, the customer warrants not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. The customer is advised that, if a candidate should approach jobs.lu requesting the deletion of any data relating to the candidate, and jobs.lu thereafter gives notice to the customer of this request, the customer is obliged to delete any hard copy or electronic files or data relating to a certain candidate Profile immediately.

    3. The customer undertakes to indemnify jobs.lu against all losses, costs, claims, damages or other expenses that are caused by the customer, unless jobs.lu is responsible.

    4. Candidates are responsible for completing their candidate Profiles. Therefore, jobs.lu does not warrant their completeness, correctness, accuracy or accessibility. jobs.lu does not warrant any degree of response.

    5. The data of jobseekers registering on jobs.lu‘s website ("candidates") is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. jobs.lu is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.

    6. The customer is advised that special terms apply to data transfers outside the European Union. Generally, such data transfers require the consent of the candidate - even if the transfer occurs within a corporate group.

CERTAIN ADVERTISEMENTS

These additional terms and conditions for certain advertisements apply to the advertisement products defined below (collectively referred to as “Certain advertisements”) and apply in addition to our general terms and conditions and the additional terms and conditions advertisements and prevail in doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected.

The following descriptions of services are an exhaustive description of the services owed by jobs.lu. No other functionalities or services are owed.

    • Listing Slots

Job ads published on jobs.lu’s website can be placed, managed and replaced in listing slots which are accessible with personal access data. Quantity and display period of job ads in a listing slot is unlimited throughout the term of contract. Listings slot for the customers personal use and therefore must not contain job ads of third parties.

    • On-site Promotion

Jobs.lu shall publish on behalf of the customer a presentation of the customer provided by the customer in form of a Top banner, Homepage MPU, Featured Employer (“On-site promotion”) on jobs.lu’s website.

Top banner is placed at the top of jobs.lu’s homepage and in all target group channels/sub sites. Homepage MPU and Featured Employer will be published on jobs.lu’s homepage and are subject to rotation.

On-site promotion may contain a link to a certain job ad published on jobs.lu, job listings on jobs.lu, to customer’s presentation with logo or recruiting events on customer’s homepage.

    • Auto-Responder

Auto-Responder is a tool provided by jobs.lu which sends automatic responses to the applicants of the customer’s job advertisements. The customer can configure the Auto-Responder himself or supply jobs.lu with a preferred text.

    • Applicant Pre-Screening

Applicant Pre-Screening is a service provided by jobs.lu, where jobs.lu pre-screens the applicants of customer’s job advertisements after certain criteria as agreed upon with the customer and in accordance to antidiscrimination law

    • LuxPlus pack

A job listing published on jobs.lu can be additionally published on StepStone.be for 60 days, StepStone.de for 60 days and/or Cadremploi.fr for 28 days. The customer can purchase credits for LuxPlus listing for a certain price per credit. The publication of one listing in one of the three countries costs one credit.

In addition to these Terms and Conditions the Terms and Conditions of the respective website apply.

Luxembourg, 07.10.2014