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 job-cy.com
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 mail.
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 job.
- 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 apply.
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 provisions.
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 been published.
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 the contract.
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 different provisions.
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 conditions
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 purpose.
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 requirements.
- 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 presence.
- 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 of charge.
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 position.
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 responsible.
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 services.
- On-site Promotion
Job-cy.com shall 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 job-cy.com’s website.
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
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.
Acceptance of Terms
Names, Images & Logos
The names, images and logos identifying Job-cy.com or third parties and their products and services are proprietary marks of our company and/or third parties.
If any of Job-cy.com Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Job-cy.com immediately of any unauthorized use of your account or any other breach of security. Job-cy.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Job-cy.com or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Unlawful & Prohibited Use
Save as herein provided, you are prohibited from using or removing any content from the Job-cy.com site by any means for commercial purposes and from using the site for commercial purposes. Where such use of materials is desired the source must first be identified and written consent provided.
Links to Other Websites
While using this web site you may access third party web sites though links. Such third party web sites are not under our control and we are not responsible for the availability of such sites or their contents. Any links provided on the web site are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked site and we cannot be held liable for any loss or damage which may arise from use of such third party web site or contracts entered into resulting from the use of such third party web sites. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to such sites.
Exclusion of Liability
In no event will Job-cy.com be liable for any damages including, without limitation indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract or negligence, arising out of or in connection with the use of the site.
No warranty is given that this web site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
We accept no liability in respect of losses or damages arising out of changes made to the content of this web site by any third parties. Access to and use of this web site is at the users own risk.
Vacancy Advertising & Database Access Clients
Vacancy Advertising and Database Access Clients must abide by the Job-cy.com Terms and Conditions.
Ensuring quality of content
Each position may be posted once only. Posting duplicates of the same job gives unrealistic search results and is deeply frustrating for job seekers.
Jobs should not use excessive CAPITAL LETTERS or **** Punctuation !!!!
Jobs should only appear once in the listings. Do not post the same job twice, even if it is rephrased.
Expire the job as soon as it is filled. (Or let us know and we will do it.)
If you are recruiting in order to build a panel of CVs for a position that is not at that moment vacant, this should be made clear in the job description.
If there is a cost involved to the jobseeker at any stage in the process of getting the job advertised, that must be explained in the advertisement.
The employer must take care that a job is advertised in the right categories and regions.
Avoid generic job advertisements such as TEMPS, TEMPS, TEMPS or Legal, Legal, Legal.
It’s forbidden to put an email address in the job title or the job description.
Should the Customer wish to cancel the Service provided under the Contract at any time during the Period, no part of the Fee is refundable to the Customer.