General terms and conditions
Version valid from 12.06.2013
The General terms and Conditions (hereinafter referred to as the "GTC") apply to all contracts and the entire business relationship between StepStone Österreich GmbH (hereinafter referred to as "StepStone.at") and its respective contractual partner. The mutual rights and obligations between StepStone.at and the contractual partner are governed according to the contents of the order and these GTC unless expressly agreed otherwise.
The contractual partner agrees that only the GTC of StepStone.at shall govern the entire business relationship. Any general terms and conditions of the contractual partner that are contrary to, or different from, the GTC of StepStone.at shall apply only insofar as their validity is confirmed in writing by StepStone, so that they can only become part of the contract when a separate agreement has been made by StepStone.at.
2. Advertising contract:
An advertising contract covers the insertion of one or more online advertisements of a job provider or other contracting entity in the online websites of StepStone.at for dissemination in the Internet medium.
2.2 Conclusion of contract:
The advertising contract is concluded when
a) StepStone.at has confirmed the order in writing. The written form requirement is fulfilled by sending a fax or an e-mail, or
b) StepStone.at has disseminated the advertisement on the Internet.
The contractual partner is bound by the order it has issued. After receipt of this order by StepStone.at (whether in writing, by fax or by e-mail), the contractual partner cannot revoke (cancel) its order.
2.3 Right of refusal:
StepStone.at reserves the right to refuse to publish advertisements because of their content, origin or technical form. This is especially true if the contents of the advertisement infringe legal or regulatory prohibitions or offends against good morals and/or breaches the GTC of StepStone.at, or such publication would be unreasonable for other reasons. The contractual partner will be informed of this immediately. In the event of legitimate rejection, the contractual partner shall have no claims against StepStone.at. In particular StepStone.at may also refuse to publish advertisements if the following requirements are not met:
- Jobtitel and -position must be accurate and not be misleading.
- Indexing and categorization, title and visible text of the ad must relate to the position offered in the job ad.
- Job ads must refer to a specific vacant position or job. Ads for club memberships and ponzi schemes, pyramid sales or similar are not allowed.
- The contractual partner undertakes to place advertisements in accordance with the Equality Act. The latter also includes the implementation of the applicable collective agreement or the minimum wage governed by law or other standards of collective rights' law for the advertised job and to indicate their willingness to pay the same when such law exists.
- Text references and/or links within a job ad to further job offers that are not published at StepStone or to other jobsites are not permitted.
- The amount of jobcategories, industry sectors and regions that can be indexed may be subject to a maximum number which must not be exceeded. Further information about the maximum number is provided upon request.
- Links are permitted only as "no follow" links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
- All content of a job ad must be directly visible to the user. Unless explicitly offered by StepStone as part of certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer's own tracking codes are not permitted. An exception is made for links to other websites and email addresses, however, the requirements of this section for links still have to be met. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages
- All content of an as must be handed over to StepStone and must not be included via frames or any other forms of download via other servers
- Taking any influence outside the options provided by StepStone (indexing and categorization, title and visible text of the ad) is not permitted.
- Job ads are published in HTML. Only such file types may be embedded within the text of the job ad that are accepted by StepStone. We provide information which file types are accepted upon request.
2.4 Rights to the advertisement/copyright:
StepStone.at is not responsible for the content of the advertisement or the texts and image material provided. In particular, StepStone.at is not obliged to check the advertisement with respect to the possible infringement of the rights of others. The contractual partner undertakes to hold StepStone.at to be wholly free and blameless in the case of any third-partner claims whatsoever against StepStone.at as a result of the carrying out of the order. If StepStone.at is claimed against, then only StepStone.at shall decide how it shall react without the contractual partner responsible for the content being able to raise any objection with respect to inadequate legal defence.
If protected trademarks are to be used in the context of the publication of the advertisement, approval for their use shall be provided on conclusion of the contract. The contractual partner shall demoinstrate that he is entitled to provide the said approval.
StepStone.at acquires all exclusive copyright and/or other intellectual property rights for advertisements created and published by StepStone.at. With the payment of the fee by the contracting entity, including the creation of the HTML layout by StepStone.at, and unless otherwise agreed in writing, no copyright and/or other intellectual property rights shall be assigned to the contractual partner or an agency acting on its behalf. Insofar as the job advertisement published by StepStone.at, including the HTML source code, is created by the contractual partner itself or an agency acting on its behalf, the contractual partner shall assign exclusive usage rights to StepStone.at with respect to the use of the advertisement for all types of use that arise in connection with the publication of the advertisement. The contractual partner undertakes that he is entitled to assign these rights. In particular, StepStone.at is also entitled to resist unlawful interference with the copyright by third parties in the context of publication on its own behalf and to pursue any resulting claims for damages.
All information (texts, images, etc.) published by StepStone.at are StepStone.at copyright. Excluded from this provision is information that is exclusively published by StepStone.at while the production - including the HTML source code - is provided by the contractual partner itself or by a third partner acting on behalf of the latter and that remains unchanged for publication. The contractual partner undertakes that it is entitled to assign the copyright and undertakes to hold StepStone.at to be wholly free and blameless against any third-partner claims. In particular, StepStone.at is also entitled to resist unlawful interference with the copyright by third parties in the context of publication on its own behalf and to pursue any resulting claims for damages.
2.5 Start of publication:
The advertisement shall be published at the agreed time. If no publication date has been agreed, the publication will be immediately after the conclusion of the advertising contract. The contractual partner is responsible for the complete supply of clean, suitable advertising material. Delays that occur as a result of the content of the advertisement provided by the contracting entity for publication, whether for content or technical reasons, are generally not the responsibility of StepStone.at.
2.6 Location of publication/linking/framing:
On the basis of the advertising contract, StepStone.at shall be commissioned to arrange for the publication of the job advertisement of the contractual partner on its Internet websites, as well as on the platforms of cooperation partners of StepStone.at in the context of cooperation partnerships.
StepStone.at is entitled, but is not obligated, to publish the job advertisement in each of its freely definable print media or to have it published by a third partner.
The contractual partner acknowledges that in the context of current state of the art, it cannot be completely ruled out that job advertisements published by StepStone.at may be copied and published by other ISPs through links and/or using frames and falsely presented as their own offering. The contractual partner shall assign StepStone.at as of now any necessary consents to allow StepStone.at, insofar as is technically and legally possible, to prevent copying, linking and/or framing of job advertisements in the above-mentioned sense. If there should be unauthorised linking and/or framing, the contractual partner may not initiate any claims against StepStone.at.
Irrespective of the advertising contract with StepStone.at, it is acknowledged that the contractual partner may commission third parties for the insertion of an identical online advertisement.
2.7 Changes to advertising copy:
At the request of the contractual partner, StepStone.at is obliged to make changes to the job advertisement of the contractual partner to be disseminated during the publication period, provided that this is reasonable technically and content-wise for StepStone.at. In any case, changes that affect the identity of the advertisement are excluded where such a change would no longer advertise the original job but advertise a new job.
Changes that can be made with little effort by StepStone.at shall be carried out free of charge. Any further changes shall only be carried out for a work-related fee. In this case, StepStone.at shall only carry out the desired changes after having informed the contractual partner of the above fee and a written confirmation has been received from the contract partner.
StepStone.at is not obliged to keep the published job advertisement after the end of the advertisement insertion contract. If need be, StepStone.at shall keep the materials for the advertisement provided by the contractual partner but only at the express written request of the contractual partner (for a maximum of 3 months) and then return them.
2.8 Publication on our cooperation partners' sites
For job advertisments that are published at websites that are not operated by StepStone Österreich GmbH additional requirements and restrictions may apply. At stepstone.de the request for unsolicited job applications is not permitted. Please be informed that in other countries certain additional requirements and restrictions may apply (e.g. in France job advertisements must be published in French). These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by StepStone Österreich GmbH are provided upon request.
3. Job seeker database:
Against separate payment, StepStone.at offers contractual parties the possibility of access to the password-protected database for job seekers ("Resume Database") in which all current candidate profiles are collected. This enables the contractual partner to contact the candidates individually via StepStone.at.
3.2 Conclusion of contract:
The contract for authorisation to access the job seeker database is concluded when StepStone.at confirms the order in writing. The written form requirement is fulfilled by sending a fax or an e-mail.
The contractual partner is bound by the order it has issued. After receipt of this order by StepStone.at (whether in writing, by fax or by e-mail), the contractual partner cannot revoke (cancel) its order.
The contractual partner undertakes to protect its password access from third parties, in particular to keep the password secret and not to pass it on to third parties. The contractual partner shall hold StepStone.at free and blameless for all damages resulting in connection with the use of the job seeker database due to actions of the contractual partner.
3.4 Right of refusal:
The sending of contact messages to job seekers in the context of access to the job seeker database is inadmissible insofar as dubious contents are sent, there is a breach of good morals, or the procedure is unacceptable by StepStone.at for other reasons. In the context of the access, the contractual partner is required, to comply with the relevant data protection laws. In the event of non-compliance or the occurrence of the above-mentioned incidents/breaches, StepStone.at is entitled to end the provision of services and to deny access to the contractual partner without prior notice. The contractual partner will be informed immediately in this case and shall not be entitled to file any claims against StepStone.at with respect to this denial of the provision of services.
Unless otherwise agreed in writing, the prices of StepStone.at are in accordance with the current price lists, which are available online at the StepStone.at Internet domain at "www.StepStone.at.". The price list that is available on the Internet at the time of access of the application of the contractual partner of StepStone.at.
All of the prices given by StepStone.at are net of all taxes.
5. Payment terms:
StepStone.at shall create the invoice immediately after the order is placed and send it to the contractual partner. As invoicing address, in addition to the company's registered address, the address given on conclusion of the contract by the contractual partner itself shall be deemed to be agreed. The invoice is payable immediately upon receipt and payments to StepStone.at shall be made exclusively to the account designated by StepStone.at on the invoice. The timeliness of payment for transfers is determined by the crediting of the account of StepStone.at as given in the invoice.
Unless otherwise agreed, all payments shall be paid immediately in full, free of any charges and deductions, after receipt of the invoice by the contractual partner.
VAT is payable on the total price of the invoice in full, even if other payment terms have been agreed with respect to the purchase price. The contractual partner shall take into account the value added tax laws.
In the event that the payment due date is exceeded, StepStone.at shall be entitled to charge interest for late payment and compound interest at a rate of 12% p.a. There shall be a charge of EUR 30, - plus VAT per reminder. In the event of non-payment, the contractual partner shall be required, in addition to paying the interest, to pay all the other procedural and non-procedural costs of collecting payment, as well as the costs of a lawyer retained by StepStone.at. Moreover, any further damage, especially the damage caused by a failure to pay resulting in correspondingly higher interest on the credit accounts of StepStone.at, shall be reimbursed regardless of where fault may lie in the delay of payment. Any claims against the contractual partner shall not entitle the withholding of the agreed payments by the latter.
Any rebates given to the contractual partner shall be cancelled in the event of delayed payment.
Offset due to any counterclaims or the withholding of payments by the contractual partner - for whatever reason - shall be inadmissible unless explicitly agreed to.
In the event of default or insolvency of the contractual partner, StepStone.at is authorised to temporarily suspend the contractual obligation to carry out orders until full payment of the invoiced amount due. In these cases, StepStone.at shall also be entitled to require an advance payment for subsequent orders as a condition for the provision of services. Furthermore, in such cases, StepStone.at shall be entitled to announce cancellation of the contract without granting a period of grace.
6. Guarantee, damages, claims against errors:
StepStone.at shall provide the contractual partner with the possibility of accessing its own services as well as those of national and international partners in the partner network "The Network". StepStone.at assumes no responsibility for the accuracy of the job seeker data specified by its services. StepStone.at makes every effort to provide the services offered around the clock. The contractor acknowledges and agrees that StepStone.at cannot ensure 100% service availability due to external influences beyond its control.
The guarantee period is 6 months. The advertisement shall be checked by the contractual partner no later than within 3 days following its publication stating the type and extent of the error. Determinable errors shall be detailed in writing to StepStone.at without precluding any claims. If the error is not made or not made in time, the advertisement is deemed to b approved. The assertion of guarantee or damage claims, as well as the right to challenge errors are excluded in these cases.
StepStone.at reserves the right to satisfy a guarantee claim as it decides by means of amendment/replacement or price reduction. A price reduction shall only be required if any amendment attempt is not deemed to be reasonable by the contractual partner.
The liability of StepStone.at is limited to damages that occur in the job advertisement itself, whereby StepStone.at is not liable for damage caused by the partners referred to in paragraph 6.1. The liability of StepStone.at for consequential damages, lost profits or other indirect damage is excluded insofar as legally permissible. In addition, liability for damages on account of slight or gross negligence of StepStone.at is excluded. Any damage claims shall be legally made within 6 months following the occurrence of the damage in the case of such preclusion.
The job advertisement insertion by StepStone.at is based solely on the information provided by the contractual partner and is not checked for accuracy by StepStone.at. StepStone.at cannot, therefore, be held responsible for incorrect information. With respect to the content, in particular its correctness and the legal permissibility of the text and image documents submitted for the advertisements, this is therefore exclusively the responsibility of the contractual partner.
As the contractual partner uses a log-in name and password, it is responsible for them and is liable for any damage caused by misuse or loss of the same.
Maintenance work, updating or similar work by StepStone.at shall be carried out as far as possible to avoid downtime. As far as possible, notification of this work shall be given in the network. In the case of interruptions - for whatever reason - no claims shall be made against the operator. Interrupted transfers, which are due to power failures, over which StepStone.at has no influence, and interrupted transfers due to force majeure, shall not justify any claims against StepStone.at.
7. Jurisdiction and applicable law:
Any dispute arising out of, or in connection with, a contractual relationship in which StepStone.at is involved as a contracual partner, shall be agreed to be the exclusive jurisdiction of the competent court in Vienna.
The exclusive applicability of Austrian law to the exclusion of the UN Sales Convention shall be agreed. The language of the contracts, orders, complaints and business is German.
Should any provision of these GTC, in whole or in part, be or become invalid, the remaining provisions shall remain unaffected in their effectiveness. Instead of such an invalid provision, a replacement provision shall be agreed that is economically closest in a lawful way.
There are no subsidiary oral agreements. All agreements, subsequent modifications, amendments, supplements, etc. are only valid when made in writing. This also applies to the dispensing of the writing requirement.
The contractual partner shall immediately make known any changes to its address in writing. Documents are considered to be received by the contractual partner when they were sent to its last known address.
The contractual partner gives its express consent, revocable at any time, that it has been informed of StepStone.at contact data for advertising purposes by StepStone.at.
StepStone.at reserves the right to modify individual provisions of this contract. StepStone.at will publish those changes on the website and will give the contractual partner the possibility of cancelling the contract by giving one month's notice end of the month, whereby the written form is agreed. If the contractual partner does not make use of this cancellation, this shall be deemed to mean acceptance of the changes.
The GTC are designed for entrepreneurs as contractual partners. Should the contractual partner also be a consumer, the provisions of these shall apply only insofar as there is no objection under mandatory rules of consumer protection.