General Terms and Conditions of Use of Prescreen.io
The offer to provide the ‘Prescreen’ e-recruiting system and any accompanying services (‘Prescreen.io’) is intended exclusively for business clients.
The contract is concluded with New Work SE, Am Strandkai 1, 20457 Hamburg, Germany. Additional contact information, commercial registry data, as well as the name of the authorised representatives of New Work SE can be found on the “About this Site” page by visiting www.xing.com.
1. Scope, amendments
- 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 New Work SE, 20354 Hamburg, Germany (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’.
- 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 and any accompanying services. Prescreen.io is run on the Prescreen cloud system.
- 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.
- 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.
- The use of and access to the Client’s account is exclusively carried out by specially authorised employees of the Client (hereinafter ‘Users’). Access rights held by Prescreen staff to access the Client’s account are documented in the technical organisational data protection measures provided as an annex to the commissioned data processing agreement. 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.
- General terms and conditions that deviate from or supplement these GTC or quotations or framework agreements or supplementary agreements concluded with the Client shall not form part of the contract without the express written consent of Prescreen. Unconditional performance of services or maintaining silence in view of the Client’s deviating terms and conditions does not constitute acknowledgement on the part of Prescreen, even when informed thereof in advance.
- 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.
- Should certain services be rendered by third parties, with Prescreen merely acting as an intermediary in the rendering of services, the Client shall conclude a separate agreement with said third party. In such instances, Prescreen is not a contracting party and is not responsible for rendering services. As a result, the Client is not entitled to submit liability or warranty claims against Prescreen, and must lodge them with the third party instead.
2. Use of Prescreen.io
- 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.
- 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).
- 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.
- 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.
- 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.
- 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
- violate applicable law;
- contain depictions of violence, pornographic, discriminatory, libellous, defamatory or other content or depictions that are illegal, immoral or endanger the reputation of Prescreen;
- 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;
- violate third-party property rights or copyright;
- violate any other rights of Prescreen or of third parties;
- Images or photos of people such as employees may only be published on Prescreen.io with the consent of those persons.
- 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 undertakes to remove the data, files or content in question from the Client’s Account without delay.
- 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.
- 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 GTC, legal regulations, morality or the rights of third parties, Prescreen may temporarily deactivate the Client’s Account. Prescreen shall normally inform the Client of such Account deactivation by issuing a warning. The Client is not entitled to receive prior warning. In the event of imminent danger or particularly serious violations, the Client’s Account shall normally be deactivated immediately and without prior warning.
- If booked licences are not used during the contractual term, there shall be no entitlement to reimbursement, a price reduction, or to an extension of the licence period beyond the agreed contractual term.
- The Client has the option of booking additional items (e.g. additional licences or product upgrades) during an ongoing contractual term. The terms of additionally booked items are calculated pro rata to the original contract. This requires a separate agreement.
3. Visibility and storage of content in the Client's Account
- Some content and information (correspondence, conversations, projects, notes, comments, 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.
- Information that Users have not shared themselves 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 respective (email) mailboxes of those Users who are participants in the respective conversation.
- 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 Users 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 recorded in the Client’s Account.
- If Users lose their right of access to the Client’s Account (e.g. at the Client's instigation due to their leaving the Client’s company or in case of violation of these GTC) or if they terminate their access, the information that they shared 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 replacement for a User is named by the Client or an Administrator of the Client’s Account, all content of the User whose access has been terminated shall remain visible to that User.
- In general, Prescreen is available 24 hours per day, 7 days per week. Prescreen guarantees an average annual uptime of 99%. Planned maintenance windows as described in section 4(2) are excluded from this.
- Prescreen has the right to use its services on weekdays in the period from 20:00 to 06:00 CET/CEST and at weekends from 00:00 to 24:00 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 or extend 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 maintenance must be carried out outside the Maintenance Window, this shall not affect the overall availability of 99% over the calendar year.
5. Use of the Account, data protection
- Prescreen collects and processes data in compliance with applicable data protection law, especially the General Data Protection Regulation.
- The Client undertakes, in particular, to observe the applicable data protection regulations, especially the GDPR.
- The Client must respect the rights of third parties, especially when sharing content and information. For example, communication that is obviously private may not be shared with others without the consent of the sender.
- 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.
- 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 accordance with Article 28 GDPR, which Prescreen and the Client undertake to conclude.
- 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.
- This can also be done in response to complaints from applicants if there are concrete indications that the use of the Account in question violates legal regulations, morality and/or the rights of third parties.
- 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.
6. Workshops & webinars
The Client must provide the trainer with an internet connection, video projector and a flip chart in events premises used to give workshops. The Client must ensure that all webinar participants have a computer/laptop with a headset or speakers and microphone.
Depending on the agreed workshop content and arrangements made between the Client and the trainer, all participants require a computer/laptop and access to Prescreen.io.
Prescreen webinar participants are to be sent a registration link in advance. After registering, participants will receive a confirmation email containing information on how to attend. It is not possible to participate in a webinar without registering in advance. The Client and the participants must ensure that they are able to use the webinar software from a technical standpoint, and that their computer/laptop meet the corresponding system requirements.
The maximum number of participants and duration of a workshop or webinar are provided in quotations. Any deviations from this are subject to Prescreen’s approval in written or text form (email is suffice).
The Client and Prescreen will arrange workshop or webinar appointments together after conclusion of contract. The earliest possible date to hold a workshop or webinar is two (2) weeks after receipt of the signed order confirmation.
Workshops held at the Client’s event premises is subject to a fixed travel expenses fee in addition to the service fee, as listed in the quotation.
The Client must pay 50% of the service fee stated in the quotation if it cancels an order up to 10 days before the workshop or webinar was due to be held. The Client must pay 100% of the service fee stated in the quotation if it cancels an order up within 10 days of the workshop or webinar being due to be held. The Client must submit cancellations to Prescreen in writing.
Neither party is liable to the other party for non-compliance with contractual obligations if the non-compliance is due to circumstances beyond the party’s control. This applies in particular to cases of force majeure, accident or illness.
If Prescreen is unable to render a service, i.e. hold a workshop or webinar, due to force majeure, accident or illness on the part of the trainer, or for other circumstances not attributable to Prescreen, then Prescreen is entitled to offer said service on a new date to be arranged with the Client.
Workshop and webinar documentation and presentations are protected by copyright. Any and all reproduction, disclosure to third parties, or other commercial use by the participants or by the Client is subject to written permission by Prescreen.
Prescreen employees do not provide the Client with legal advice during workshops and webinars. Any and all statements of a legal nature are non-binding, and the Client is responsible for verifying any information provided.
7. Liability of Prescreen
Prescreen shall be liable without limitation for damage resulting from deliberate or grossly negligent actions and for damage resulting from breaches of material contractual obligations 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.
Prescreen shall not be liable for breaches of insignificant contractual obligations involving minor negligence, except in the case of section 6 (1).
However, Prescreen's liability for personal injury, under the Product Liability Act and statutory warranty liability shall remain unaffected in all cases.
The above limitations of liability shall also apply in the event of breaches of obligation by Prescreen's legal representatives or vicarious agents.
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 Prescreen 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.
8. Contract period & renewal, termination and price updates
- 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 for a period of one (1) year at the end of each contract period lasting more than two (2) months. If the contract period lasts two (2) months or less, the contractual relationship shall be extended for a period of one (1) month at a time. The following terms apply to contract termination:
- a. contractual relationships with a total contract period lasting more than three (3) months may be terminated by either Party by means of a declaration in written form and with a period of notice of three (3) months before the end of the respective contractual period. Contract periods up to three (3) months are subject to a period of notice of one (1) month before the end of the respective contractual period.
- b. the contractual relationship may also be effectively terminated via the Client’s Account, provided that the function is available.
- c. the right to extraordinary termination including termination without notice for good cause shall remain unaffected.
- 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 parties; or
- b. the Client violates other material contractual provisions.
- In the event of termination, the Client can export its applicant master data in electronic and machine-readable form using the designated feature in the Prescreen system for a period of up to three (3) months after the end of the contract period. In addition, reading out the saved data via the API which Prescreen provides is only possible if the Client purchased this service as part of its agreement.
- 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 existing 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.
- Any and all terminations must be in writing to be effective.
- In the event of contract renewal, the price will be based on the list price applicable at the time of renewal. The Client is not entitled to demand an extension to any bulk discounts or any other kind of discounts granted in connection with the items (e.g. licences) to be renewed. If the original contract is renewed with the Client having purchased additional items as per section 2(12) during the ongoing contract period, the renewal automatically applies to all of the items purchased for the period of the original contract.
- Prescreen reserves the right to change list prices and hence the fee to be effective as of the following period of renewal. Prescreen shall notify the Client of any fee change in the invoice sent to the Client with regard to the period of renewal. In the event of a price increase, the Client has the right to terminate the contractual relationship with Prescreen within four (4) weeks of the data of invoice, by written declaration to Prescreen with retroactive effect from the date of the renewal. The discontinuation of any previously granted discounts upon contract renewal does not constitute a price increase nor grounds for special termination.
9. Final provisions
If the Client, as the recipient of the New Work SE service, has its registered office outside Germany, the Client must disclose its VAT registration number immediately on conclusion of the contract. 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 procedure.
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).
The place of jurisdiction for all legal disputes arising from the contractual relationship between 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.
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, effective 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. This document is for informational purposes only.