TERMS & CONDITIONS
1.1 Job-cy.com (“job-cy.com”) and the undersigned business partner
(“customer”) agree to fulfil the performance of their contract pursuant to
these terms and conditions and the price list. job-cy.com’s Terms and
Conditions, together with the Additional Terms and Conditions and the price
list contain the whole agreement between job-cy.com and the customer. Any terms
and conditions of the customer do not apply, unless job-cy.com explicitly
consents to them in writing.
1.2 The version of job-cy.com’s Terms and Conditions in force at
the time of the last concluded contract with the customer shall apply to the
relationship between job-cy.com and the customer.
2 Conclusion of contract
2.1 The contract is concluded when job-cy.com receives the signed
acceptance of the contract offer which shall contain date and signature of the
customer or when job-cy.com confirms the order in writing or by email or when
job-cy.com publishes the ad on the internet or when job-cy.com 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.
2.2 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 job-cy.com which will either be
made explicitly or implicitly by provision of the services.
3.1 The contract obliges job-cy.com 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 job-cy.com‘s Additional Terms and Conditions apply.
3.2 Non-competition clauses are not accepted.
4.1 Payment for the services performed by job-cy.com 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 job-cy.com price list are
subject to individual agreements between job-cy.com and the customer.
5 Conditions of payment
5.1 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. job-cy.com will inform the customer if the additional costs exceed
the average amount in relation to individual orders. The customer is obliged to
pay job-cy.com for these additional costs if he has consented to them.
5.2 The customer will be invoiced immediately after the conclusion
of the contract and the latest at the beginning of the contract period.
5.3 If job-cy.com does not receive payment by the due date,
job-cy.com 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.
5.4 Any payments made by the customer will be credited against the
oldest outstanding invoice. job-cy.com may refuse to render its services until
customer has made all outstanding payments.
6 The basis of cooperation/ house rules for posting jobs on
6.1 job-cy.com 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.
6.2 job-cy.com is entitled to make changes to the presentation,
layout and functionality of the job-cy.com website.
6.3 The customer’s rights under this contract are neither
transferable nor assignable. The contract can only be transferred to a third
party with job-cy.com’s consent.
6.4 As far as job-cy.com has obtained the customers email address
in connection with an order, job-cy.com may, also after the end of the
contract, send information, questionnaires and other commercial communication
concerning similar services provided by job-cy.com via email. The customer may
opt out at any time with effect for the future without any form requirements
and free of charge. Job-cy.com will inform about the right to opt out in every
6.5 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 job-cy.com
if one of the service elements becomes outdated.
6.6 The customer shall ensure that he receives emails from job-cy.com
unobstructed and will set job-cy.com as “trusted server”.
6.7 job-cy.com may review the information which the customer
intends to place or has placed on the job-cy.com website if they breach legal
provisions, official regulations, the right of third parties or good morals or
the terms and conditions of job-cy.com (“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. job-cy.com 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 job-cy.com and hold job-cy.com
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 feеs), 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
• 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.
6.8 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
job-cy.com or trouble and fault free network operation in general.
6.9 The customer guarantees that all of his content or parts
thereof published by him on the internet or given to job-cy.com for publication
are not encumbered by third party rights. The customer shall indemnify
job-cy.com and hold job-cy.com harmless against any damage job-cy.com suffers
from an infringement of this provision by the customer on first demand.
For job service elements that are published or used at websites
that are not operated by job-cy.com, 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. In addition to
these Terms and Conditions the Terms and Conditions of the respective website
7 Intellectual property rights
7.1 The contract does not transfer any (intellectual) property
right, license or right of use from job-cy.com to the customer. All of
job-cy.com’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 job-cy.com’s (intellectual) property without restriction.
7.2 All material and content published by job-cy.com is subject to
job-cy.com’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 job-cy.com.
7.3 By placing the order for publishing job listings on the
Internet, job-cy.com obtains the sole database right to the customer’s job
listings published in the database by job-cy.com.
7.4 The customer is responsible for ensuring that the content to
be published complies with press law, competition law and other applicable
7.5 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
8.1 job-cy.com warrants that it will fulfil the services ordered
by the customer to be rendered by job-cy.com on the Internet in a manner that
complies with usual technical standards.
8.2 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
job-cy.com is liable for a defect of a service element, job-cy.com 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 job-cy.com's request the customer must inform job-cy.com 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
8.3 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.
9.1 In case of a violation of job-cy.com's obligations that is not
a defect; the customer may only withdraw from or terminate the agreement if
job-cy.com is responsible.
10.1 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
10.2 Upon accepting the offer, both parties agree to mutually
comply with all applicable privacy and data protection laws.
10.3 The customer is advised in accordance with data protection
laws that job-cy.com stores his data in a machine readable form and uses it
according to the purposes of this contract.
10.4 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
job-cy.com 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, job-cy.com 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
11.1 If the customer has received a cease and desist letter due to
a product published at job-cy.com, 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
job-cy.com immediately in writing about this. If the customer fails to inform
job-cy.com, job-cy.com shall not be liable. The customer shall then be required
to indemnify job-cy.com on first demand against all claims of third parties and
shall hold job-cy.com harmless from any eventual damages.
12.1 This agreement shall be effective from the date on which
job-cy.com receives the signed acceptance of the contract offer which shall
contain date and signature of the customer or when job-cy.com confirms the
order in writing or by email or when job-cy.com publishes the ad on the
internet or when job-cy.com sends the customer the login data in writing or by
email, and the customer therefore has access to the job listing management. 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
12.2 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.
13.1 This agreement is governed by and shall be construed in
accordance with the laws of Cyprus and the parties submit to the exclusive
jurisdiction of the Cyprus’s Court.
Additional terms and
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
2. The content
published must comply with following requirements; otherwise they are
considered as illegal content with the consequences as per section 6 of
job-cy.com’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 job-cy.com 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 removed from publication 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” - 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 job-cy.com 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
• In cases where customer uses unpaid job posting service, the
customer’s email address or any other contact details should not be indicated
anywhere in the job advertisement. Job-cy.com will take all possible measures
to avoid it. Job-cy.com can apply sanctions toward client who breaches these
• Links to competitors of job-cy.com are not allowed unless the
customer itself is competitor of job-cy.com and links to its own online
• The customer shall ensure that any information placed on the
job-cy.com website by the Customer shall comply with the requirements of the
employment equality legislation in force.
3. job-cy.com 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. Job-cy.com will not charge any
additional fees for such additional performance.
4. 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
• In its sole discretion job-cy.com 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 job-cy.com
at any time. The customer cannot claim continued fulfillment of services free
1.1 These additional terms and conditions “CV Database” apply in addition to
job-cy.com’s General Terms and Conditions and prevail in case of doubt.
Job-cy.com operates a database on the job-cy.com website which contains CVs of
jobseekers (“Candidates”). Candidates can 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. In case of anonymous
profiles client may, via the job-cy.com electronic system, send a contact
request to the candidate.
1.2 Job-cy.com only
grants access to the CV databаse 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”)
job-cy.com reserves the right to take immediate legal action against any
infringement of this clause without giving any prior warning notice.
1.3 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.
1.4 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.
1.5 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
2 Obligation of the customer
2.1 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.
2.2 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.
2.3 The customer
undertakes to indemnify job-cy.com against all losses, costs, claims, damages
or other expenses that are caused by the customer, unless job-cy.com is
2.4 Candidates are
responsible for completing their candidate Profiles. Therefore, job-cy.com does
not warrant their completeness, correctness, accuracy or accessibility.
job-cy.com does not warrant any degree of response.
2.5 The data of jobseekers registering on job-cy.com‘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. job-cy.com is
entitled to block the account of the customer and withhold access to candidate
data in cases of infringements by the customer.
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.
job-cy.com offer the following
• On-site Promotion
publish on behalf of the customer a presentation of the customer provided by
the customer in form of a Top banner, Homepage MPU (“On-site promotion”) on
On-site promotion may contain a link to a certain job ad published
on job-cy.com, job listings on job-cy.com, to customer’s presentation with logo
or recruiting events on customer’s homepage.
Auto-Responder is a
tool provided by job-cy.com which sends automatic responses to the applicants
of the customer’s job advertisements. The customer can configure the
Auto-Responder himself or supply job-cy.com with a preferred text.
• Applicant Pre-Screening
is a service provided by job-cy.com, where job-cy.com pre-screens the
applicants of customer’s job advertisements after certain criteria as agreed
upon with the customer and in accordance to antidiscrimination law.
In addition to these
Terms and Conditions the Terms and Conditions of the respective website apply.