Current as of October 2018
The legally binding version is always the German version of this document.
(1) The following General Terms and Conditions of Use and Business (hereinafter referred to as “GTC”) shall apply within the framework of the contractual relationship between corporate clients (hereinafter referred to as the “Client”) and Prescreen International GmbH, Mariahilfer Strasse 17, 1060 Vienna, Austria (hereinafter referred to as “Prescreen”), each also individually referred to as a “Party” or “Contracting Party” and both together as the “Parties” or “Contracting Parties”.
(2) Prescreen offers the e-recruiting system “Prescreen” (hereinafter “Prescreen.io”) under the domains *.prescreenapp.io and *.jobbase.io, in which the Client can place job advertisements and receive and manage applications. The subject of the contract is the use of this software. Prescreen.io is run on the Prescreen cloud system.
(3) Prescreen shall grant the Client the non-exclusive, non-sublicensable and non-transferable rights, limited in time to the term of the contractual relationship with Prescreen, which are necessary for the Client to be able to access the current version of Prescreen.io via the internet and to use its functions as intended, in accordance with the scope agreed with Prescreen within the framework of the contractual relationship. This includes, in particular, the ability of the Client to load the user interface of the current version of Prescreen.io to the working memory and carry out the reproduction of the user interface that is technically necessary for this purpose.
(4) Prescreen.io is used to support the Client in searching for personnel. Through Prescreen.io the Client can publish and manage job postings, receive and manage applications from candidates and communicate with applicants via messages.
(5) The use of and access to the Client’s account is exclusively carried out by specially authorised employees of the Client (hereinafter “Users”). Prescreen offers Users a Prescreen.io to bring the Client together with applicants and provides only those technical facilities for this purpose that enable general contact to be established. Prescreen is not responsible for ensuring that contact is made between Users and applicants. Prescreen is not involved in the content of the Client’s communication with third parties. If contracts are concluded via the Client’s account, Prescreen is not involved and therefore does not become a party to the contract. The Client is solely responsible for the execution and fulfilment of contracts concluded with third parties and is solely liable for breaches of obligation.
(6) General terms and conditions that deviate from or supplement these GTC or the framework agreement concluded with the Client (e.g. those of the Client) shall not form part of the contract without the express written consent of Prescreen.
(7) Prescreen reserves the right to amend these GTC during the term of the contractual relationship between the Client and Prescreen with effect from that point forward. Prescreen shall notify the Client of any changes to the GTC and shall make specific reference to the new regulations and the date on which they come into force. In the event of an amendment to the GTC, the Client has the right to terminate the contractual relationship with Prescreen within four (4) weeks of receipt of notification of the amendment, by written declaration to Prescreen with retroactive effect from the date of the amendment. This amendment mechanism shall not apply to amendments to the Parties’ main contractual obligations. The validity of the GTC in their previous form shall remain unaffected by the exercise of this right of objection.
(1) To use Prescreen.io the Client must register on Prescreen.io and open a company account (hereinafter “Account”). An Account may only be opened by an authorised representative or authorised employee of the Client. The required data must be provided truthfully and must be updated immediately in the event of changes to ensure problem-free use. Following registration, Prescreen shall send the Client a confirmation of registration by email together with these GTC to the email address provided during the registration process. This confirmation email also represents acceptance of the Client’s offer to conclude a contract of use and a contract of use shall come into being. There is no right to the conclusion of a contract of use.
(2) The Client must book a corresponding number of User accesses. Users are authorised by entering their details on an input screen on Prescreen.io. The Client shall designate one or more Users as administrator(s) of the Account (hereinafter “Administrator(s)”), who has/have full access to all setting options and administration areas. The exact scope of the possible uses of Prescreen.io shall be determined by further contractual agreements with Prescreen (for example, the service description of an offer).
(3) The Client has the right to revoke the authorisation of a User or to appoint another person to replace the User. Authorisation of the replacement person is carried out by entering the name of the replacement person on an input screen on Prescreen.io.
(4) Prescreen accepts no responsibility for the content, data and/or information provided by the Client and applicants, or for content on linked external websites. In particular, Prescreen does not guarantee that the content is true, fulfils a specific purpose or could serve such a purpose.
(5) The Client is responsible for the data and content provided by it. Prescreen cannot guarantee that the information and job advertisements are accurate or free of viruses or that they can be processed using virus technology.
(6) The Client may not post, upload or make accessible any data, files or content, such as texts, images, graphics and links, which are owned or controlled by third parties and which
a. violate applicable law;
b. contain depictions of violence, pornographic, discriminatory, libellous, defamatory or other content or depictions that are illegal, immoral or endanger the reputation of Prescreen;
c. exclusively or partially represent or contain third-party company, brand or other business marks or other protected marks, unless the Client is entitled to use them, i.e. the Client is the owner of the rights to the corresponding logos, advertising photos and other content, or the owner of the rights has permitted the use of such content;
d. violate third-party property rights or copyright;
e. violate any other rights of Prescreen or of third parties;
(7) Images or photos of people such as employees may only be published on Prescreen.io with the consent of those persons.
(8) Prescreen shall normally inform the Client of data, files or content, such as text, images, graphics and links, the placement or publication of which in the Client’s Account violates the provisions of these GTC, statutory regulations, morality or the rights of third parties, as soon as Prescreen becomes aware of such content. In such a case, the Client under-takes to remove the data, files or content in question from the Client’s Account without delay.
(9) Prescreen is generally entitled to remove data, files or content, such as text, images, graphics and links, without prior notice if and insofar as there are concrete indications that their placement or publication in the Client’s Account violates the provisions of these GTC, legal regulations, morality or the rights of third parties.
(10) If the Client has published data, files or content via its Account on Prescreen.io where there are concrete indications that they constitute a breach of the provisions of these Terms and Conditions, legal regulations, morality or the rights of third parties, Prescreen may temporarily deactivate the Client’s Account. Prescreen shall normally inform the Cli-ent of such Account deactivation by issuing a warning. The Client has no right to a prior warning. In the event of imminent danger or particularly serious violations, the Client’s Ac-count shall normally be deactivated immediately and without prior warning.
(1) Some content and information (correspondence, conversations, projects, notes, com-ments, etc.) are shared automatically or at the instigation of a User among all current and future Users in the Client’s Account. Other information is not shared among Users.
(2) Information that a User has not shared himself or that was not automatically shared or is not divisible shall not be displayed to other Users of the Client’s Account in the Client’s Account. Conversations that have not been started, answered or shared in the Client’s Account shall not be stored automatically in the Client’s Account in a form that is visible to the Administrator or all Users of this Account, but shall only be displayed in the respec-tive (email) mailboxes of those Users who are participants in the respective conversation.
(3) All information and content created by a User in the Client’s Account, even if not explicitly shared by the User, can be viewed, edited and shared with other current and future Us-ers of the Client’s Account by Administrators of the Client’s Account appointed by the Client, as long as the Account is active. This applies in particular to all conversations rec-orded in the Client’s Account.
(4) If a User loses his right of access to the Client’s Account (e.g. at the Client’s instigation due to his leaving the Client’s company or in case of violation of these GTC) or if he termi-nates access himself, the information that was shared by the User with other Users shall remain visible in the Client’s Account for current and future Users for a period of three years, unless otherwise agreed with the Client. During this period, the contents can still be viewed by the Administrators of the respective Account (see section 2). If a replace-ment for a User is named by the Client or an Administrator of the Client’s Account, all con-tent of the User whose access has been terminated shall remain visible to that User.
Prescreen shall make Prescreen.io available between 09:00 and 18:00 CET/CEST (herein-after “Availability Period”) with a total availability of 99% over a calendar year. Prescreen has the right to use its services on weekdays in the period from 22:00 to 06:00 CET/CEST (hereinafter: “Maintenance Window”) for a total of ten (10) hours per calendar month of maintenance work. Activities in the Maintenance Window shall be announced to the Client in advance with a reasonable period of notice. Prescreen is entitled to postpone the Maintenance Window in exceptional cases to eliminate or prevent serious faults. During maintenance Prescreen.io may not be available or may have limited availability. If mainte-nance must be carried out outside the Maintenance Window, this shall not affect the overall availability of 99% over the calendar year.
(1) Prescreen collects and processes data in compliance with applicable data protection law, especially the General Data Protection Regulation.
(2) The Client undertakes, in particular, to observe the applicable data protection regulations, especially the GDPR.
(3) The Client must respect the rights of third parties, especially when sharing content and in-formation. For example, communication that is obviously private may not be shared with others without the consent of the sender.
(4) The Client is also prohibited from
a. bothering Applicants unreasonably
b. undertaking or promoting anti-competitive acts, including progressive canvassing (such as chain, snowball or pyramid systems)
c. carrying out, advertising or promoting multi-level marketing or multi-level network marketing, even if such actions do not specifically violate any laws.
(6) Insofar as Prescreen processes personal data on behalf of the Client within the framework of these GTC, those data shall be collected and used by Prescreen in accordance with the terms of a commissioned data processing agreement provided by Prescreen in accord-ance with Article 28 GDPR, which Prescreen and the Client undertake to conclude.
(7) Should the Client violate these GTC, legal regulations or the rights of third parties in the course of its activities in its Account, Prescreen may temporarily or permanently deactivate the Client’s Account as a sanction.
(8) This can also be done in response to complaints from applicants if there are concrete indi-cations that the use of the Account in question violates legal regulations, morality and/or the rights of third parties.
(9) Prescreen is entitled to analyse anonymised activity data for the purpose of analysing use of Prescreen.io. The analysis and evaluation of the data is carried out without any reference to individuals or connections to the Client. Prescreen shall use the results of the evaluation only for Prescreen’s own purposes and to improve the services provided.
(1) Prescreen shall be liable without limitation for damage resulting from deliberate or grossly negligent actions and for damage resulting from breaches of material contractual obliga-tions involving minor negligence. Material contractual obligations are those obligations the fulfilment of which is essential for the proper execution of the contract and on compliance with which the Client may regularly rely.
(2) Prescreen shall not be liable for breaches of insignificant contractual obligations involving minor negligence, except in the case of Section 6 (1).
(3) However, Prescreen’s liability for personal injury, under the Product Liability Act and stat-utory guarantee liability shall remain unaffected in all cases.
(4) The above limitations of liability shall also apply in the event of breaches of obligation by Prescreen’s legal representatives or vicarious agents.
(5) The Client shall indemnify Prescreen against all claims, including claims for reimbursement of expenses and compensation for damages, that other Users of Prescreen.io or other third parties, including public authorities, make against Prescreen due to an infringement of their rights by the content published by the Client on Prescreen.io. The Client shall bear all reasonable costs, including the reasonable costs of legal defence, incurred by Pre-screen as a result of the Client’s infringement of the rights of third parties. All further rights and claims for damages by Prescreen shall remain unaffected.
(1) The agreement on the use of Prescreen.io is concluded for the term agreed in the offer or framework agreement. The contractual relationship between Prescreen and the Client shall be extended at the end of each term for the same period unless it is terminated by either Party in accordance with the following provisions:
a. The contractual relationship may be terminated by either Party by means of a dec-laration in written form and with a period of notice of three (3) months before the end of the respective contractual term.
b. The contractual relationship may also be effectively terminated via the Client’s Ac-count, provided that the function is available.
c. The right to extraordinary termination including termination without notice for good cause shall remain unaffected.
(2) Prescreen may terminate for good cause in particular if:
a. the use of the services by the Client violates the law and/or the rights of third par-ties; or
b. the Client violates other material contractual provisions.
(3) In the event of termination, Prescreen is obliged to provide the applicant data to the Cli-ent in electronic form. Prescreen has no right of retention.
(4) In the event of termination, Prescreen shall be entitled to deactivate the Client’s Account and profile, the Client’s Users, and the Client’s Prescreen.io access after the agreed term of the contractual relationship has expired. As a result, Prescreen shall also delete exist-ing applications on Prescreen.io and deactivate the Client’s active job advertisements. In the event of termination for good cause, Prescreen is entitled to carry out deactivation immediately.
(5) All cancellations, with the exception of cancellation via the Account or service area of Pre-screen.io (where this function is available), must be made in writing to be effective.
(1) If the Client, as the recipient of the service, has its registered office outside Austria, the Client must disclose its VAT registration number immediately on conclusion of the con-tract. Through the reverse charge system, the Client is the debtor for the VAT (reverse charge procedure) and shall settle the VAT payments itself using the reverse charge pro-cedure.
(2) The law of the Federal Republic of Germany shall apply, with the exception of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) The place of jurisdiction for all legal disputes arising from the contractual relationship be-tween Prescreen and the Client is Hamburg. Prescreen also has the right to settle any disputes in the court that has jurisdiction over the registered office of the Client.
(4) Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The Parties undertake to agree a new, effec-tive provision in place of the invalid provision which comes as close as possible to the meaning and purpose of the invalid provision. The same applies to loopholes in these GTC.
(5) This document is for informational purposes only. The legally binding version is always the German version of this document.