General terms and conditions
it-jobbank A/S (hereinafter referred to as "it-jobbank") and the undersigned business partner (hereinafter referred to as the "Customer") agree to abide by the contract in accordance with these "Terms and conditions" and the price list. It-jobbank's terms and conditions, along with the price list, constitute the entire agreement between i t-jobbank and the Customer. The Customer's own terms and conditions do not apply unless i t-jobbank expressly approves of them in writing.
The version of i t-jobbank's "Terms and conditions" in force at the time that the latest contract was entered into with the Customer shall govern the relationship between i t-jobbank and the Customer. These "Terms and conditions" apply only to business customers, and not to consumers.
2. Conclusion of contract
The contract is concluded when i t-jobbank receives signed acceptance of the contract offer, which must include the date and the Customer's signature. Amendments and additions to the contract, as well as declarations and separate instructions, must be issued in writing. An email is considered to constitute written form.
3. Description of services
The contract obliges i t-jobbank to publish the products agreed in accordance with the contract, and which can be viewed at www. it-jobbank.dk, in accordance with these "Terms and conditions". During the publicity period, access to the products must be ensured for at least 20 hours per day. Furthermore, the description of services in our "Additional terms and conditions" applies.
The contract entitles i t-jobbank to use customer data to analyze and study trends, although the results are published anonymously.
Competition clauses will not be accepted.
Payment for the services performed by i t-jobbank is indicated on the price list found at www. it-jobbank.dk. The price list in effect and published at www. it-jobbank.dk when the offer was made to the Customer shall apply. Services not included in i t-jobbank's Price list are subject to separate agreement between i t-jobbank and the Customer.
5. Payment terms
The payment referred to in Paragraph 4 includes all additional expenses as are normally incurred, e.g. e-mails, telephone calls, data transmission, copies and postage. Costs associated with corrections and proofreading as a result of the Customer having delivered incorrect data are not included. It-jobbank will inform the Customer in the event that these additional costs exceed the usual amount for individual orders. The Customer is obligated to compensate i t-jobbank for these additional costs to the extent that he or she has approved of them.
To the extent that the published product contains a mistake, the initial correction of the incorrect product is provided for free, given that the error was not caused by the Customer. Thereafter, charges for each additional mistake apply in accordance with the i t-jobbank price list in effect at the time the correction order was submitted. However, if i t-jobbank makes a mistake in the first correction, the first additional correction will be free of charge.
The Customer will be billed immediately after initial display of a product. To the extent that a product has not been displayed due to an error by the Customer, it will be invoiced no later than 14 days after conclusion of the contract. Payment is due in 10 days after receipt of invoice, and is not subject to discount.
If payment is not made or if it is delayed, it is subject to interest on arrears at the European Central Bank rate +8%, plus collection costs. Lacking payment, it-jobbank is entitled to suspend further contractual performance until payment has been received in full. This does not apply if the Customer is entitled to claim a right of retention. If the parties agree to payment by installment, and installment is not paid within 30 days of the due date, the entire residual sum shall become due for payment immediately.
All prices are exclusive of VAT.
If payment is remitted from abroad, checks of less than €1000 will only be accepted if an administration fee of €25 is added to the agreed price. Payment by bank transfer from abroad will only be accepted to the extent that all bank and transaction fees are covered by the Customer.
6. Basis of cooperation
It-jobbank's objective is the constant optimization of the number of responses received for the Customer's ads, and to improve the quality and quantity of applications. This includes cooperation with various collaboration partners in offline or online media. The Customer hereby entitles i t-jobbank to publish products without prior notice in online and offline media, printed media, as well as audio and video media. It-jobbank places special emphasis on the image and quality of its partners.
The Customer's rights under this contract can neither be transferred nor assigned to others. The contract may only be transferred to a third party with i t-jobbank's approval.
By entering into this contract, the Customer agrees to receive, by e-mail or post, questionnaires, newsletters and other commercial correspondence that helps i t-jobbank improve and maintain its service quality. The Customer may revoke its consent at any time without satisfying formal requirements. All communications will include information indicating how such revocation is performed. Revocation of consent enters into force immediately.
It-jobbank reserves the right not to execute orders submitted by the Customer and to withdraw products that have already been published to the extent that they violate legal provisions, official regulations, third party rights, or ethics ("Illegal content"). The same applies accordingly if links included in the Customer's products lead directly or indirectly to pages with Illegal content. This has no impact on the Customer's duty to pay. It-jobbank's only obligation is to remove content that violates legal provisions and/or at the Customer's request. On receipt of the first formal notice, the Customer undertakes to hold i t-jobbank harmless and free of any losses, bills or legal expenses incurred as a result of Illegal content or statutory violations.
Special provisions regarding content:
- On publication of freelance jobs and jobs for independent contractors, ads must clearly indicate that they pertain to freelance or independent jobs.
- If the candidate is to make a payment or perform an investment, including for training and/or travel expenses), this must be clearly stated in the product. The same applies if a commission is paid in order to recruit new members.
- Job advertisements must refer to a specific vacant position.
- Ads for membership in clubs, "Ponzi schemes", pyramid schemes, etc., are prohibited.
- Job advertisements must contain a correct specification of the job in question, and may not be misleading.
- Linked homepages must comply with applicable legal requirements.
- Products may not breach the Danish Antidiscrimination Act.
- Even if the aforesaid requirements are met no content must be published besides the content related 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.
- Direct links to external job offers that are not published by It-jobbank are not permitted.
Failing compliance with these provisions, the content will be considered to constitute Illegal content, cf. Paragraph 6.4.
It-jobbank bears no liability for received data, the text of Advertisements or the associated storage media, and it is specially not obliged to retain or return the same to the Customer.
It-jobbank is entitled to use vicarious agents.
The Customer is responsible for configuring and arranging his or her infrastructure in line with customary, modern infrastructure, such that it neither becomes the target nor the source of interference that could affect the Internet service provided by it-jobbank, or cause problems and errors on networks in general.
The Customer guarantees that the entire content or the portion of the content published by the Customer on the Internet or which the Customer has transferred to i t-jobbank for publication is not encumbered by any third-party rights. The Customer is required to hold i t-jobbank harmless and free of any damages suffered by i t-jobbank as a result of the Customer having violated this provision on first request.
7. Intellectual property rights
No form of (intellectual) property right, license or user right is transferred from i t-jobbank to the Customer by this contract. All of i t-jobbank's rights (including but not limited to copyright, brand rights, sui generis database rights, logos, titles and other commercial rights) remain the (intellectual) property of it-jobbank without limitation.
All material and content published by it-jobbank is subject to it-jobbank's intellectual property rights (copyright, brand rights and sui generis database rights), with the exception of the individual elements of such material and content as have been created by the Customer or third- party and which are already subject to a Customer or third-party intellectual property right, and which it-jobbank has neither amended nor revised.
On submission of orders regarding publication of job advertisements on the Internet, the Customer acknowledges that it-jobbank is the producer of the database containing such job advertisements, and that only it-jobbank holds the database rights to the Customer's job advertisements published by it-jobbank in the database.
It is the Customer's responsibility to ensure that the content for publication complies with the Press Act, the Competition Act and other applicable provisions.
The Customer grants a license to i t-jobbank to use, reproduce and disseminate the Customer's data/content/logos/trademark/(commercial) name or other symbols to third parties in order to present the products. By placing an order, the Customer warrants that it has purchased or otherwise acquired all necessary usage rights, copyrights and secondary copyrights needed in order for it-jobbank to display the products (including but not limited to publication of the Customer's data and content on the Internet).
It-jobbank will make every effort to publish the products described in the relevant documentation. To the extent that the products involve software design, i t-jobbank will make every effort to design error-free software. The Customer acknowledges that it is not always possible or economically feasible, based on current technical standards, to develop a program that is entirely error-free.
The Customer undertakes to provide all information and other documentation required to achieve the objectives stipulated in the contract. In particular, this includes delivery of announcement text and layout in digital format. Likewise, it is the duty of the Customer to immediately inform i t-jobbank if a product has become obsolete. Furthermore, the Customer is obliged to satisfy the collaboration requirement as described in the associated "Additional terms and conditions", or, if possible, as specified in the product descriptions for the various products. If these requirements are not satisfied in a timely manner, it-jobbank's deadline for performance is extended accordingly. This does not apply if it-jobbank is responsible for the delay.
In addition to the reservations in Paragraphs 9.2, 9.3, 9.4 and 9.5, it-jobbank's contractual responsibility is limited in accordance with applicable legislation, and in the event of direct losses its liability is limited to the amounts set forth in Paragraphs
9.1.a and 9.1.b. The above does not apply to the extent that losses are attributable to willful misconduct, gross negligence or personal injury, loss of income, privacy violations, operational disturbances or loss of business data.
9.1.a. If it-jobbank is responsible for delay and the Customer is able to document that this has caused economic loss, the Customer is entitled to a discount for each full week (7 days) of delay in an amount corresponding to 0.5% of the total price, up to a maximum of 5% of the total price paid for the product in question.
9.1.b. If the loss is due to other circumstances, it-jobbank's liability is limited to a maximum of 5% of the total contractual price.
It-jobbank has no liability for:
9.2.a. Ensuring that the data published by i t-jobbank in accordance with the Customer's or applicant's instructions are correct. It-jobbank assumes no liability for statements made in this data.
9.2.b. It-jobbank is not responsible for the manner in which third parties with which the Customer has entered into contracts in order to satisfy the obligations arising from these Terms and conditions carry out their duties.
9.2.c. It-jobbank is not liable for unforeseen events or force majeure events as described in Paragraph 10.1 below.
9.2.d. It-jobbank has no responsibility toward the Customer in the event that the applications submitted by job applicants in response to Customer job advertisements are few and of poor quality.
9.2.e. Nor can i t-jobbank accept any responsibility for investments made by the Customer in connection with the contract in the expectation that he or she will receive a certain minimum amount of applications.
To the extent that a product's contractually guaranteed use is limited by rights protecting a third party, it-jobbank is entitled, at its own expense, to change the product in order to bypass such a limitation or to obtain the permission required to use such a product in compliance with the given third-party rights. These measures may not unreasonably limit product performance for the Customer. If the Customer declares [sic] that a third party has protective rights, the Customer is obliged to immediately inform it-jobbank of the same in writing.
The Customer is required to submit all compensation claims within 1 (one) year of the date when the Customer detected or should have detected the error.
The reservations and limitations of it-jobbank's liability in accordance with Paragraph 9 apply irrespective of whether the liability is due to breach of contract, tort (including negligence), product liability, hidden defects, breach of agreement or other legal obligations, even in cases where (i) it-jobbank has been made aware that such losses may occur or if they could reasonably have been foreseen to occur and (ii) if the loss is attributable to a serious error by it-jobbank.
10. Force Majeure
To the extent that unforeseen events or circumstances exert a significant impact on the economic situation, or in the event of force majeure (both events are referred to as "Force Majeure"), the contract will be adapted accordingly and in good faith (e.g. the term of the contract may be extended for as long as the force majeure conditions obtain), or the contract may be terminated by i t-jobbank with immediate effect.
Force Majeure includes but is not limited to: War, fire, terrorist attacks and server breakdowns over which it-jobbank has no control, or which are caused by insufficient telecommunications networks, defective Customer software or hardware, disruptions in telecommunications networks, etc.
It-jobbank will treat all information supplied under this contract as confidential to the extent that it is marked as confidential. It-jobbank continues to be bound by this obligation once the contract has expired.
The moment the offer is accepted, both parties mutually undertake to comply with applicable legislation regarding personal information and data protection.
In accordance with the Danish Personal Data Act, the Customer is hereby informed that i t-jobbank stores Customer data in machine-readable format and uses it in keeping with the objectives of this contract.
It is the responsibility of the Customer to handle any type of ID, access code, username or other security feature that follows from the use of the services with due care, and to take all necessary precautions in order to ensure that they are stored confidentially and securely, and that they are used correctly and are not disclosed to unauthorized persons. The Customer will be held liable for any use of his or her access code or username by third parties unless the Customer can prove that he or she did not enable third-party to access such access codes or usernames, and that all instances of such access gained lie beyond the Customer's sphere of influence. The Customer must immediately inform it-jobbank if it is probable or if it becomes known that an unauthorized person has used the Customer's access code or username, and in the event that this data has been or will probably be used in a manner that is not authorized. To the extent that the Customer violates essential provisions under this contract, particularly including but not limited to all of the contractual obligations described in this paragraph, it-jobbank is entitled to immediately suspend provision of services without further notice and without thereby exempting the Customer from any of its payment obligations.
This contract enters into force on the date that it-jobbank receives a signed copy of the contract. The term discussed in this section begins when the first product is displayed. If the Customer is responsible for late display of the first product, the contract will begin no later than 14 days after the date on which it-jobbank received the signed contract. This contract is automatically terminated on expiration of the agreed contractual term, unless the "Additional terms and conditions" set forth below contain provisions to the contrary.
Products can only be ordered within the agreed contractual term. The Customer's right to order products is suspended on expiration of the contract.
This contract is subject to Danish law exclusively. Danish courts shall have exclusive jurisdiction over any disputes arising from this contract.
All legal disputes between it-jobbank and the customer shall be resolved in Copenhagen.
Additional terms and conditions regarding job advertisements
These additional terms and conditions for job advertisements, banners and company presentations ("Advertisements") apply in addition to our "General terms and conditions" and shall have precedence in the event of contradictions.
In addition, i t-jobbank is entitled, but not obliged, to publish Advertisements in other media, offline or online or by print or to distribute Advertisements to third parties for further publishing. It-jobbank co-operates with media partners for this purpose, and hosts the It-jobbank Job board or parts thereof at further URLs without requesting prior approval from the Customer. A list of co-operating media partners can be requested from i t-jobbank. It-jobbank will not charge any additional fees for such additional performance.
The above service description is complete.
2. Duration of publication
Unless something to the contrary is agreed, a job announcement is published for a period of 30 days, whereas a banner is published for 7 days.
The Customer is advised and agrees that it-jobbank is unable to prevent third parties from publishing job advertisements that are not approved. However, it-jobbank will make every effort to prevent this from occurring within the given technical and legal limitations.
The Customer hereby assigns to it-jobbank any database ownership rights that may exist in connection with multiple Advertisements supplied to it-jobbank for publication. In particular, the Customer acknowledges that it-jobbank has produced a database with such job advertisements, and owns the exclusive right to Customer job advertisements which it-jobbank has published in the database.
A price offer made by it-jobbank that is lower than the price set forth in the price list is valid only for the individual Customer and in the specific situation in which it-jobbank made the offer in question. For example, such offers do not apply to a Customer who wishes for a third party, e.g., an agency, to represent the Customer.
It-jobbank must approve the transfer of the Announcement contract ("Resale") to a third party in advance.
Additional terms and conditions for the CV database
These "Additional terms and conditions for the CV database" are valid in conjunction with our "General terms and conditions" and shall have precedence in the event of contradictions.
1. Description of services
It-jobbank's CV database contains the CVs of job applicants ("Candidates"). It-jobbank allows Customer to search anonymous Candidate profiles in the database (”CV-database”). Customers may contact the candidates behind CVs in the database through it-jobbank’s electronic system after the purchase of a job advertisement that matches it / the selected CVs. The Candidates can then choose to reveal their contact details to the Customer.
It-jobbank only provides Customers with access to the CV database to the extent that such access pertains to their own needs. Customers may not permit third parties to access to the CV database, or forward anonymous CVs. Customers are not permitted to insert direct links from their own websites to the CV database ("Deep Links"). The Customer is permitted to contact up to 100 Candidates per job ad through the CV database. It-jobbank reserves the right to file suit immediately and without prior notice in the event that this clause is breached.
The Customer is given access to a series of functions in the CV database, but the Service does not include any type of data backup for the Customer. Data may be removed or deleted from the database at any time without prior notice. In accordance with applicable data protection rules, data is automatically deleted from the CV database as soon as a candidate deletes his or her CV from the CV database. The CD database may not be used in ways that violate the Antidiscrimination Act.
To the extent that the Customer stores personal Candidate data on his or her own systems, the Customer is obliged to handle this data in keeping with applicable data protection legislation. When a Candidate deletes his or her CV from i t-jobbank's CV database, the Customer is required to delete the CV from his or her own systems. Likewise, the Customer is required to destroy any printouts/paper copies.
2. Customer responsibility
The Customer warrants that it will comply with all legal provisions, third party rights, and ethical standards. Paragraph 6.4 in "General terms and conditions" also applies.
In particular, the Customer warrants that he or she will not forward or otherwise disseminate Candidates' personal data, will respect Candidates' confidentiality, and that he or she will comply with all applicable provisions concerning data protection and personal information. The Customer is hereby advised that to the extent that a Candidate contacts i t-jobbank with a request to delete data pertaining to the Candidate, and if i t-jobbank communicates this request to the Customer, the Customer is obligated to immediately delete all printouts/paper copies or electronic files or data pertaining to the Candidate in question.
The Customer undertakes to fully indemnify i t-jobbank for any losses, costs, claims, damages or other expenses caused by the Customer, unless it-jobbank is liable.
Candidates are responsible for completing their Candidate profiles. Therefore, i t-jobbank cannot guarantee that they are complete, correct, accurate or available. It-jobbank cannot guarantee that a response will be received.
Candidate data is strictly confidential, and may only be stored or used in accordance with applicable data protection legislation. Customers are only entitled to contact Candidates for the purpose of filling specific job vacancies. It-jobbank is entitled to block Customer accounts and withhold access to Candidate data if the Customer breaks the law.
A Candidate can only be contacted once (1) per job ad by the same Customer.
The Customer is hereby advised that special terms apply to data transmission outside of the EU. As a rule, the Candidate must authorize such data transmission, even if the transmission takes place within the same group of companies.
Additional terms and conditions for jobfeed
These "Additional terms and conditions for jobfeed" are valid in conjunction with our "General terms and conditions" and shall have precedence in the event of contradictions.
1. Description of services
If the "Jobfeed" service is ordered, it-jobbank is required to automatically mirror job advertisements from the Customer's website on the i t-jobbank website for the term of the contract. No further functionalities will be provided.
"Jobfeed" is a complicated software solution. Good cooperation between the parties will ensure successful implementation and the expected functionality. The present product description of "Jobfeed" and the technical documentation includes the Customer's obligations and the terms for successful use of the service. The Customer is required to read this documentation before the "Jobfeed" service begins. The Customer is advised that he or she will be considered to be familiar with the content.
The term is to be agreed separately in each case. Contrary to what is stipulated in the "General terms and conditions", i t-jobbank shall delete published job advertisements once they have been deleted on the Customer's database, and i t-jobbank shall publish job advertisements once they have been entered in the Customer's database.
"Jobfeed"/mirroring of data takes place at least once a week.
3. Order and acceptance
Every job announcement published on i t-jobbank's website in the format described, as well as every extra job announcement published after or during the course of the initial 4 week publication period, will be considered to have been ordered by the Customer. A job announcement is considered to have been accepted once it has been published for 7 days on the i t-jobbank website without the Customer having rejected this publication.
It-jobbank will calculate the number of job advertisements ordered and accepted during the term of the contract, and must provide the Customer with job announcement statistics on request.
Additional terms and conditions for i t-jobbank Recruiters Space
These "Additional terms and conditions for i t-jobbank Recruiters Space" are valid in conjunction with our "General terms and conditions" and shall have precedence in the event of contradictions.
1. Description of services
The term stipulated in Paragraph 12.1 in the "General terms and conditions" applies.
It-jobbank gives the Customer the exclusive, non-transferable right to use i t-jobbank Recruiters Space for as long as the contract remains in force. It-jobbank shall provide the Customer with access to i t-jobbank Recruiter Space for 20 hours a day at http://www. it-jobbank.dk. This description of services is considered to be an agreement of functionality and is comprehensive. No other functionalities are granted.
It-jobbank provides the customer with a user ID and a password for accessing the server. The customer may change his password at any time. Within the scope of his general responsibilities, the customer must ensure that his user ID and password can only be used by persons who are authorized to access the it-jobbank Recruiter Space. The customer is also obliged to consider any additional security criteria he has been informed about.
2. Data Protection
If personal data is processed, the customer is obliged to comply with all applicable data protection regulations by concluding suitable agreements with his employees and/or by taking adequate organizational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. It-jobbank is entitled to store the personal data of the customer and may process this data within the scope of this contract.