Partner terms of use

Version: 06/2007

Placement24 is a service of Placement24 GmbH (P24 or Placement24), proprietors Tonio Riederer von Paar and Fabiano V. Maturi, Düsseldorf. Placement24 provides its service under different Internet domains. The registered users of the service are referred to as “users”. They maintain a user account with their information at Placement24. Registered companies are termed “partners”. Placement24 is a leading research platform and profile database for searching and finding jobs for qualified candidates, and for the publication of job advertisements. P24 and its partners strive to establish long-term collaboration. These terms of use govern the use of Placement24 by the partners. They also supplement the applicable T&Cs (as of 06/2007).

I. Registration as partner
1. You register as a partner by completing and sending the online registration form via the Internet. By sending the registration form, the user explicitly declares his acceptance of the T&Cs for partners and agrees to the storage of his details without limitation. The registration does not imply entitl/ment to publish his details or to use the system.

II. Prerequisite for registration as a partner
1. Partners have to demonstrate at least 5 years’ involvement in the markets of headhunters, research, and executive searching. Exceptions require the written agreement of Placement24. Upon request from P24, the partner will provide the relevant proof.

2. The partner will inform all his employees of his connection to the system.

3. The partner will receive free service emails with the profile titles of candidates who book a corresponding service. The partner may opt for daily, weekly or fortnightly service emails. The partner explicitly declares his acceptance of same.

4. If the partner fulfills the prerequisites, he will be accepted as a user subject to the checking of his details.

III. Scope and usage licence
1. The partner will receive from P24 an unlimited, non- transferable, non-exclusive licence (Basic licence) for the use of the Placement24 system as a partner for one person. Licences for multiple persons or subsidiaries are contained in separate, written framework agreements. The licence entitles the partner to free access to the system under http://www.placement24.com and/or under related domains. Partners can view candidate profiles and make contact to candidates, depending on their assigned rights, via the P24 system. The candidates decide on whether to pursue the contact. Depending on his rights, the partner can also publish job advertisements and lodge company presentations. The partner alone is responsible for his company presentations and undertakes to lodge a detailed profile.

2. Registration in accordance with No. I does not entail the transfer of ownership or usage rights or other rights in the software to the user. All rights in the used software, trademarks, titles, marks and copyright and other commercial rights of Placement24 remain without restriction with Placement24. All published job results and information are the copyright of Placement24. The only exceptions are published job results and information created by the user or a third party are transferred by Placement24 unchanged for publication on the Internet.

3. In order to maximise services for registered users and to increase the scope, P24 will enter into a number of variable collaborations. The partner will give P24 the unlimited right to publish the partner company name, the company presentation and the job advertisements on the Placement24 site, and with collaborative and media partners within the framework of the P24 presence. Job advertisements will be regularly published as short outlines.

4. The partner can change or delete his stored data at any time. He undertakes to keep data lodged with Placement24 up to date.

IV. Obligations of the partners
1. The partner undertakes to use all information generated via the system for current placement activities. The partner guarantees that each approach to a candidate will be based on a demonstrable search agreement for a company and that he has been entrusted with the search. The partner undertakes to document this for P24 in individual cases upon request. The gathering and storage of data from this system and approaches to candidates for product-advertising purposes is strictly forbidden without the written approval of P24. In these cases, P24 is entitled to deactivate the partner account immediately. Further claims for damages against the partner will remain unaffected.

2. The partner undertakes to treat candidate data as strictly confidential and to observe without limitation any requests for blocking by the candidate.

3. The partner undertakes to lodge only current and existing offers on the system.

4. The partner undertakes to process all contact requests promptly and to compare profile sent in service profiles and the specially recommended candidate profile in Matchmaker with current job offers at least once per week .

5. The partner declares himself prepared to inform P24 of any enquiries, and whether and how many candidates he has directed via Placement24.

V. Quality checks
1. In the interests of our reputation and to prevent misuse, P24 regularly carries out checks of all user and partner data. Sent messages between users are also checked on a regular basis. These checks are exclusively for control purposes.

2. Despite all its quality checks, Placement24 is not liable for the content, accuracy, completeness, truth or reliability of profiles, documents, messages, advertisements, links or similar information prepared by third parties .

VI. Cancellation and termination of services
1. Partners can cancel their user account and service at any time before the end of a particular period. The account will be deactivated immediately upon request. It is not possible to reimburse amounts already paid.

2. P24 is also entitled to cancel the free use arrangement. The cancellation involves the deletion of user data and, at P24’s discretion, cancellation by email to the email address of the user or by registered letter within 14 days.

3. Cancellation by P24 and deletion of user data can occur at any time without special notification if one or more of the following points are contravened:

a) The partner does not observe the provisions of the T&Cs of this user agreement.
b) There is serious doubt as to the accuracy of the stored details.
c) The partner uses the system for advertising purposes or to collect email data for commercial purposes.
d) The partner does not agree to a change to the usage conditions.
e) The partner uses Placement24 to disseminate morally or ethically dubious, party-political, religious, illegal or advertising content.
f) The partner cannot be reached or does not pay.
g) The partner does not maintain his data, despite repeated requests.

Cancellation is also possible for serious reasons in accordance with § 314 BGB. In such cases, the account will be deactivated immediately and without notification.

4. For security reasons, P24 is entitled to block access temporarily until issues of a factual nature are resolved.

5. Should the partner cancel a payment or lodge false or out-of-date bank details when making a payment and charges are levied on P24, the partner will bear any bank charges for the direct debit (5.56 euros) plus an additional processing fee of 50 euros.

VII. Guarantee, liability
1. P24 has no influence on the transfer of data via the Internet or the WWW. Aside from basic security precautions, P24 can not be responsible for sent messages reaching the recipient correctly or securely or being displayed correctly, if an error occurs during message transfer outside the P24 server. In addition, the services of P24 are based on the latest version of the Internet Explorer browser. No responsibility can be taken for the appearance of other browsers .

2. P24 assumes no liability if its Internet platform is interrupted by force majeure, strikes, lock-outs, operational breakdowns or other outside impairments to its structures in such a way as to limit or interrupt its operation.

3. Provided none of its obligations under the usage relationship (cardinal obligations) is concerned, P24 is liable only for damage which can be traced to deliberate or grossly negligent infringement of obligations within the framework of the T&Cs and which may be defined as typically foreseeable damage. The limitation of liability applies equally to damage caused by a legal representative or accomplice of P24.

4. Placement24 assumes no liability for damage arising from the use of its Internet platform, interested parties, users or third parties . Placement24 is also not liable for the details and information users themselves make available to third parties, if this is misused by them. Placement24 expressly excludes responsibility for the content and value of all content submitted by third parties.

6. Placement24 shall not be liable for the unauthorised obtaining by third parties of users’ personal data (e.g. as a result of unauthorised access by hackers to the P24 database).

7. Placement24 shall not be responsible for any delay, deletion, error transmission or storage failure during communication between users or in relation to personal areas.

8 As for the rest, P24 shall be responsible - due to any legal cause – for complying with relevant statutory regulations and these conditions provided that liability for slight negligence is excluded. 9. The maximum liability towards third parties on the part of P24 is limited to payments made by this third party to P24.

10. The court of jurisdiction for any litigation is Düsseldorf.

Changes to the terms and conditions
1. P24 is entitled,

a) should a condition become ineffective, to add or replace the condition which is effective for existing contracts

b) for changes to legal regulations or higher court jurisdiction that apply to one or more conditions of the contractual relationship, to adjust the applicable conditions according to the purpose of the regulation or jurisdiction as long as the user is not at more of a disadvantage due to the new or changed condition than under the original condition.

2. Should P24 change the terms and conditions based on clause 1, the user can object to the change within 21 weekdays after receipt of the notification of change; P24 will explicitly advise the user of this option. Furthermore, P24 shall notify the user that the changes to the terms of use will be valid with immediate effect if the user does not state otherwise in due time.

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