Terms of Service

TERMS OF SERVICE AND CONDITIONS FOR THE USE OF THE CAREERMEE SERVICES BY JOB PROVIDERS ("Client Terms")

1 GENERAL

1.1 These terms and conditions (the "Client Terms") apply to the use of the CareerMee Talent Database provided by CareerMee to the client employer (the "Client"). The Client Terms are accepted upon (i) Client's registration which is free of charge and (ii) clicking on the 'register' button ("Acceptance").

1.2 After Acceptance and verification of Client's e-mail address, Client will receive a confirmation e-mail by CareerMee which concludes the frame work agreement (the "Agreement") governing the relationship between Client and CareerMee. The terms of the Agreement are these Client Terms and discounts or special offers granted in CareerMee's sole discretion from time to time (if any) provided they are accepted by the Client separately as such offers may be subject to additional terms and conditions stipulated within the respective discount or special offer description.

1.3 Clients may directly search the robust CareerMee Talent Database by specifying the candidate's requirements for vacant positions. The CareerMee Talent Database will match the entered specifications against the information submitted by candidates and search for those candidates qualified for and interested in that particular position. The CareerMee Talent Database provides quick and efficient access to ideal candidates who might not have actively applied for a vacant position with the Client's company. Client may send the job description along with a contact request directly to the candidates who may confirm their interest by accepting the contact request.

1.4 Access and use of the CareerMee Talent Database (the "Services") is exclusively provided to employers and individuals seeking a role with an employer. The Services shall not be used by persons or companies representing or acting as recruiting agencies or "headhunters". By registering for the Services you represent and warrant that you are using the Services on behalf, on account and for the benefit of one employer only.

1.5 In case of non-compliance with aforesaid Section 1.4 the person shall be obliged and hereby agrees to pay the other a reasonable penalty to be determined by a competent court (Sec. 10.4) in its reasonable discretion.

1.6 Client is provided with up to 5 Login ID's and corresponding account passwords ("Login Information") to access the CareerMee Talent Database. Client will bind his employees accordingly in order to ensure that only designated personnel authorized by the Client will use the Login Information to access and use the CareerMee Talent Database. All entitled personnel must register individually by name, contact details and working title and must be entitled to represent the Client with legal effect.

1.7 Client will also ensure that the Login Information is kept strictly confidential at all times in order to ensure that unauthorized individuals cannot access the Talent Database. If CareerMee has reasons to believe that the Login Information is being used by unauthorized individuals, CareerMee will suspend Client's account until the resolution of the issue.

2 ACCESS TO AND USE OF THE CAREERMEE TALENT DATABASE

2.1 In order to access and interact with the Talent Database, Client must be able to operate and maintain the necessary software and hardware, including, without limitation, web browser software and appropriate communications infrastructure.

2.2 Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Client's responsibility. CareerMee is in no way responsible or liable for Client's access to the internet, including without limitation any connection speed issues, bandwidth or latency-related problems that may affect Client's ability to access and use the Talent Database.

2.3 Client may not obtain or attempt to obtain any information through any means not intentionally provided to Client by CareerMee.

2.4 Client agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of the Talent Database (including any prices or service descriptions). Client shall not violate or attempt to violate the security of the CareerMee Talent Database or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures. Client shall not attempt to interfere with the CareerMee Talent Database to any user, host or network, including, without limitation, via means of submitting a virus to the CareerMee Talent Database, overloading, "flooding", "spamming", "mail bombing" or "crashing" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment Actual or attempted unauthorized use of the Talent Database may result in criminal and/or civil prosecution.

2.5 The CareerMee Talent Database may be used only for lawful purposes by Clients. In particular but without limitations Client shall not:

provide any incomplete, false, inaccurate or misleading information;
delete or revise any information posted by any other person or entity;
use the CareerMee Talent Database to transmit, distribute, store or destroy material in violation of any law or regulation;
use the CareerMee Talent Database in a manner that will infringe the copyright, trademark, or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity or falsely state or otherwise misrepresent Client's affiliation with a person or entity;
send unsolicited e-mail, including promotions and / or advertising of products or services other than within the scope of the CareerMee Talent Database;
use the CareerMee Talent Database for other commercial purposes other than within the scope of the CareerMee Talent Database and/or
use the CareerMee Talent Database in a way that is unlawful, harms CareerMee or any affiliates or any candidates or employers.

3 FEES

CareerMee has a flexible and transparent fee structure. The current list of fees can be found at any time under CareerMee factsheet. CareerMee reserves the right to adjust the fees and payment conditions for future use. Before Client selects an activity which incurs any fee, the Client will be alerted by a pop-up and has to accept-click the respective activity.

3.1 The following activities are free of charge:

registration with CareerMee,
submission of search criteria,
search CareerMee Talent Database
summary view of anonymous candidate profiles (mini-profiles without details).

3.2 Premium Membership. Client can opt for Premium Membership at any time. Premium Membership enables Client to do the following (the "Premium Services"):

view and search CareerMee Talent Database
complete and detailed view of anonymous candidate profiles,
contact and ask candidates to release their contact details via CareerMee.com request form,
upload and present Client's company logo prominently on the CareerMee.com website (rotational),
create Client's individual company profile (one page) and link to the company overview section of CareerMee.com and
place Client's company logo on the private start page of the candidates which have been visited by Client.

At the present time the Premium Membership Fee is: Euro 95 plus applicable VAT (if any) per month or Euro 950 plus applicable VAT (if any) per year.

3.3 Response Fee:

The release of the candidate's contact data is not free of charge. If a contacted candidate is interested in Client's offer and wants to release the contact details, Client will be charged a fee ("Response Fee").

At the present time the Response Fee is: Euro 100 plus applicable VAT (if any) per contacted MBA who is currently enrolled in an MBA program and Euro 300 plus applicable VAT per contacted Alumni. Alumni in this context mean a candidate who has already graduated as an MBA.

Please note: Clients with a Premium Membership (Section 3.2) will be charged for the release of the candidate's contact data in addition to their Premium Membership fee.

3.4 CareerMee may offer special promotions and incentives to its Clients. These special offers may be granted in CareerMee's sole discretion from time to time (if any) provided they are accepted by the Client separately as such offers may be subject to additional terms and conditions stipulated within the respective discount-, promotion- or special offer description.

4 PAYMENT CONDITIONS

4.1 Subject to the pricing conditions and Client's access and use of the CareerMee Talent Database CareerMee will provide Client with invoices on a monthly basis.

4.2 Invoices shall be payable in full within 14 days. The Client shall be in default of payment upon expiry of such payment period. Interest shall be payable on the fees due for the duration of the default at a rate of 8 percent above the base rate (Basiszinssatz), subject to a minimum of 12 percent p.a. CareerMee reserves the right to assert claims in respect of default losses in excess of such interest. This shall be without prejudice to the CareerMee's right to claim commercial default interest (kaufmännischer Fälligkeitszins) from business persons (Kaufleute) (Section353 of the German Commercial Code, HGB).

4.3 Please note that there will be no refunds for any services not used but ordered by the employer.

4.4 Client is only entitled to offset receivables (if any) due from CareerMee against amounts payable to CareerMee if these receivables are undisputed or are recognized by a final declaratory judgment. The same shall apply accordingly to the right of retention, which may only be exercised effectively if the Client's counterclaim is based on the same contractual relationship.

5 BRAND POSITIONING

5.1 Client may profit from CareerMee's Premium Brand Positioning targeted at an exclusive group of career-minded global talent. It gives Clients the chance to be found and contacted pro-actively by candidates. Therefore, candidates may apply directly by disclosing their profiles to the respective Client.

5.2 The premium membership provides the opportunity for employers ("Clients"; singular: "Client") to present themselves more prominently within the CareerMee network with a short company profile and a company logo ("Premium Brand Positioning").

5.3 Premium Brand positioning allows Client to present itself with a short company profile (300 words) and its logo. Client name and logo are linked to the 'company overview section' of 'companies recruiting at CareerMee', where candidates can discover companies, and on the private start page of the candidates which have been visited by the client. Client's company logo may receive a premium positioning on the CareerMee homepage (rotational).

6 LICENSES

6.1 By uploading the content (the "Material") Client grants CareerMee for a period of up until one month after termination/expiration of the underlying relationship between CareerMee and the Client (the "Agreement") the non-royalty-bearing, non-exclusive and worldwide right to use and make the Material publicly available (in particular to copy, store, to format as may be required for its use) in connection with the CareerMee Talent Database.

6.2 CareerMee is entitled at any time to suspend and/or delete the uploaded Material without giving any reason on 2 days notice given by e-mail.

7 CONFIDENTIALITY

7.1 Details of candidates are provided to the Client in strictest confidence and on the understanding that the Client will not disclose to any third person the existence or contents of such details without CareerMee's prior written consent.

7.2 If the Client, without the consent of CareerMee, passes on the details of a candidate found on the CareerMee Talent Database and/or introduced to the Client by CareerMee to a third party which subsequently employs such candidate directly or indirectly, the Client will be charged the Contact Fee together with all expenses incurred by CareerMee.

8 SCOPE OF CAREERMEE'S LIABILITY

8.1 CareerMee does provide the service of the CareerMee Talent Database "as is". CareerMee does undertake commercially reasonable steps to oblige the candidates to submit only information which is accurate and current. Beyond this obligation, CareerMee does not ensure the suitability of a candidate CareerMee does not endeavour to check whether the information is current, accurate and complete or fulfil any requirements imposed by law or any professional body to enable the candidate to work in the position which the Client seeks to fill.

8.2 CareerMee does not check whether it would be detrimental to the interests of either the Client or the candidate for the candidate to work in the position which the Client seeks to fill.

8.3 At any time, Client shall satisfy itself as to the suitability of any candidate and the Client shall take up any references provided by the candidate to him before engaging such candidate.

8.4 The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any candidate, and satisfying any medical and any other requirements, qualifications or permission required by the law of the country in which the candidate is engaged to work.

8.5 CareerMee and its employees, officers and/or agents shall not be liable for any damages whatsoever, and, in particular damages for loss of profits, loss of revenue, or loss of use, arising out of or related to the CareerMee Talent Database or the information contained in it, whether such damages arise in contract, tort, negligence, under statute or otherwise, even if CareerMee has been advised of the possibility of such damages.

8.6 For the avoidance of doubt, CareerMee shall be liable for fatal or physical injuries, damage to health and in accordance with the regulations of the law on product liability in the case of deliberate acts or gross negligence.

8.7 If a fundamental contractual obligation (key obligation, i.e. the provision of the CareerMee Talent Database) has been breached, where CareerMee has acted slightly negligently, CareerMee is only liable where the losses incurred are foreseeable and typical within the context of the business in question.

8.8 CareerMee shall not be liable for more extensive losses. In particular, CareerMee shall not be liable for initial defects, unless the prerequisites set out in Sections 6.6 and 6.7 apply.

8.9 Liability for loss of data is limited to the typical effort required to restore the data which would exist where backup copies had been produced regularly and in line with the risks involved.

8.10 The limitations to liability set out above shall also apply to personal liability of agents, employees and representatives of CareerMee by means of protective effective effect to such third parties.

9 CLIENT'S REPRESENTATIONS AND WARRANTIES / INDEMIFICATION

9.1 Client represents and warrants that the personnel which register on behalf of the Client are authorized to enter into this Agreement on behalf of the Client, use the Services and comply with the terms of the Agreement. The Client is responsible for ensuring that all information which is provided to CareerMee is current, accurate and complete and will bind its personnel accordingly.

9.2 Client further represents and warrants that no information and content which is uploaded by Client onto the CareerMee Talent Database infringes any third party rights or applicable laws or regulations, including, without limitation, any copyrights, privacy rights or other third party rights of any nature.

9.3 Client agrees to fully and effectively indemnify, defend, and hold harmless CareerMee and CareerMee's representatives, employees or vicarious agents from any and all claims including reasonable legal fees that arise out of Client's use of the CareerMee, including but not limited to:

infringement or breach of any term of this Agreement, particularly the misuse of the CareerMee Talent Database;
infringement or breach of applicable law and/or
infringement of any third party right.

10 SUBMISSION OF CLIENT INFORMATION

10.1 Prior to using the CareerMee Talent Database the Client is obliged to create, upload and sign off a company profile. Such a profile consists of the following mandatory elements:

Client's name and – subject to the Brand Positioning Terms – logo;
Client's contact details;
brief description of the Client;
names of the employees entitled to use the Service on behalf of the employer (Section 1.6).

10.2 By uploading the content described in Section 8.1 Client grants CareerMee during the term (up until one month after termination/expiration of this Agreement) the non-royalty-bearing, non-exclusive and worldwide right to use and make the content publicly available (in particular to copy, store, to format as may be required for its use) in connection with the CareerMee Talent Database.

11 TERM AND TERMINATION

11.1 The Agreement commences upon Client's free of charge registration and Acceptance. Client may terminate the Agreement by deleting Client's CareerMee account at any time.

11.2 If Client opts for annual Premium Membership (Section 3.2), the annual term for using the Premium Services commences on the date of the option. The Premium Membership shall continue in force for a period of one year from the date of the option (the "Initial Annual Term"). Thereafter, Premium Membership will renew automatically for successive one (1) year periods ("Renewed Annual Term") until either party gives written notice to the other of its intention not to renew this Agreement, such notice to be given no less than thirty (30) calendar days prior to the end of the Initial Annual Term or any Renewed Annual Term, or until otherwise terminated pursuant to this Agreement.

11.3 If Client opts for monthly Premium Membership (Section 3.2), the monthly term to use the Premium Services commences on the date of the option. The Premium Membership shall continue in force for a period of one month from the date of the option (the "Initial Monthly Term"). Thereafter, Premium Membership will renew automatically for successive one (1) month periods ("Renewed Monthly Term") until either party gives written notice to the other of its intention not to renew this Agreement, such notice to be given no less than fourteen (14) calendar days prior to the end of the Initial Monthly Term or any Renewed Monthly Term, or until otherwise terminated pursuant to this Agreement.

11.4 In the case of termination and/or expiry of the Agreement CareerMee will delete Client's settings and all data received during Client's use of the CareerMee Talent Database.

11.5 CareerMee may terminate this Agreement with immediate effect or suspend the provision of the Services by giving notice to Client at any time after Client is in material breach of this Agreement, including the provisions set out in Sections 2.3, 2.4 and 2.5, or provisions of the Privacy Policy and either such breach is not capable of remedy or, if the breach is capable of remedy, remains unremedied for 10 days following the date of notice to remedy.

11.6 Outstanding payment obligations and those provisions which expressly or by their nature survive, including the obligations pursuant to Sections 5 and 7 survive the termination or expiration of the Agreement. Trademark licenses granted by Client to CareerMee will expire one month after the termination or expiration of this Agreement.

12 GENERAL PROVISIONS

12.1 Client is only entitled to transfer and/or assign the rights and obligations arising from or in relation to this Agreement to a third Party with the prior written approval of CareerMee.

12.2 Without prejudice to the provisions of this Agreement, amendments and additions to this Agreement shall be in writing. This shall also apply to the amendment or cancellation of this clause.

12.3 The Client`s general terms and conditions shall not be applicable.

12.4 If the Client is a business (person), a legal person constituted under public law (juristische Person des öffentlichen Rechts) or a public sector funding company (öffentlich-rechtliches Sondervermögen), the sole venue for all disputes arising directly or indirectly out of or in connection with the contract shall be CareerMee's place of business. However, CareerMee may also bring an action at the general place of jurisdiction of the Client.

12.5 Legal relations existing in connection with this Agreement shall be governed by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The requirements and effects of the retention of title agreed above shall be governed by the law applicable at the place of the storage of the Goods insofar as the choice in favor of German law should be unlawful or invalid pursuant to the respective law.

12.6 If any provision of this Agreement is held or made invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement.

Last update on 26, February 2009