General terms and conditions
Content
General terms and conditions for the recruiter (bidder of jobs and projects)
Subject and scope
These terms and conditions for the bidders of jobs and projects apply to all legal relationships, which the company Spaminds E-Services cooperation (to which later on will be referred to as "Spaminds" will enter into with bidders of jobs and projects, particularly companies and agencies (in the following called
"Recruiter", concerning the use of the internet platform www.spaminds.com.
No addition, amendment or modification of these terms and conditions shall be effective, unless in writing and signed as accepted by Spaminds.
In case one of the following terms is determined to be invalid, all the remaining terms continue to be valid.
Spaminds's services
By means of the website, Spaminds offers its products, supply of services, and database to recruiters in order to find candidates fit for their job, project or for a vacancy in their company. In case the service requires payment, the fees listed on www.spaminds.com apply.
Agreement and commission
Spaminds provides the recruiter with various possibilities in order to find candidates fit for their job, project or for a vacancy in their company.
- Job posting
The agreement about the distribution of a job advertisement by the recruiter on the website www.spaminds.com is accomplished, if:
- Spaminds publishes the recruiter's released job ad, on the IT- job portal
- Spaminds acknowledges receipt of the indent of the job ad in written or by e-mail .
It is up to the recruiter to check the job ad directly after the first release and to immediately inform Spaminds in case of deficiencies.
- Access to the candidate database
Spaminds provides access to the candidate database against payment, the amount is to be taken from the price list online, and establishes contact with possibly adequate candidates, provided that the recruiter himself is advertising a job or is assigned to do so on behalf of another company.
The agreement on access comes into place, when the request of the recruiter is approved by Spaminds in writing or by e-mail.
The access to the candidate database is generally prohibited for companies which are in competition with Spaminds, especially in case of poaching. In that case Spaminds is entitled to juridically asset its right to forbearance without further notice.
- Spaminds-Matching
Due to separate payment the recruiter has the possibility to detect the most adequate candidate for his job advertisement using Spaminds-Matching.
The agreement for Spaminds-Matching comes into place, if the request of the recruiter is approved by Spaminds in writing or by e-mail.
- Successful placement with guarantee of refilling jobs
In case of successful placement by Spaminds the recruiter agrees to pay a fee, which is calculated according to the type and duration of employment and can be learned from the currently valid price list. In case of a termination of contract within the first three months of employment, Spaminds will refill the vacancy free of charge once.
All payment for the above mentioned services rendered by Spaminds is, without exception, to be derived from the price list available online on www.spaminds.com. The price list which was valid at the moment the agreement between Spaminds and the recruiter was reached, forms the basis for payment. Changes concerning this matter must be agreed upon in written from.
The agent's commission is due immediately after start of work of the candidate.
Accounting
Accounting is done and sent to the customer immediately after placing the order or at a successful mediacy after start of work of the candidate. Payment is immediately due on invoice and without deduction.
If the customer defaults the settlement of the account despite dunning letter and the 14 days of respite, Spaminds is entitled to temporarily discontinue its contractual obligations of accomplishment of orders and putting its services at disposal until the customer has fully accomplished payment of the due invoice amount. Furthermore Spaminds is free to demand installment as a condition for service provision in case of follow-up orders by the customer.
The customer must immediately verify incoming invoices. The customer must inform Spaminds, in case of deficiencies concerning the invoice.
Separate regulations between the two parties are required in written form and must be signed by both parties.
Data provided by the recruiter
The recruiter guarantees, that the data provided in the job advertisement on www.spaminds.com is correct. Furthermore he guarantees not to transmit any data, which is illegal, immoral or abusive. Considered as abusive are contents which are not meant to establish an employment status or employer-employee relationship. Spaminds is at any time entitled to delete incorrect, illegal, immoral or abusive contents without further notice. The contracted obligation of payment by the recruiter remains uneffected by the deletion.
Usage of visible data
As far as the recruiter is provided with the opportunity to access the job-seeker database of Spaminds, following regulations apply:
- The ascertainment, processing and usage of visible data by the recruiter are subject to conditions of its purpose. The data is bound to be used in order to establish an employment status or employer-employee relationship and are only allowed to be retrieved and used in terms of precise vacancies; passing on data to third parties is strictly forbidden.
- Any ascertainment, processing or usage of the data for other purposes is a violation of the agreement.
In case of actions which are contrary to the terms of the agreement, Spaminds is entitled to take measures as follows:
- The recruiter can be stripped of his right to access the candidate database through blocking his access authorization. This measure does not affect the obligation of the recruiter to follow all payment obligations as contracted.
- If the recruiter and Spaminds are in competition, Spaminds has the right to assert competition law - claims without further notice.
Risks at conveyance and transmission
The communication related to an agreement can take place by e-mail, unless the recruiter assertively disagrees with this form of communication. As long as the recruiter does not object to communication by e-mail, the recruiter covers the risks connected to this form of communication.
Identification of the recruiter
Usage of the Spaminds-supply by the recruiter is carried out through an attachment figure with its own identification.
If the user requires an offer with costs of Spaminds, no special identification of the user takes place by Spaminds. The identification is assured over the personal login and the personal password required in doing so.
Confidentiality
By any means, the recruiter must make sure, that personal passwords are not handed on to unauthorized persons, nor noticed by such. The recruiter bears the damages, which arise from improper use of the passwords by unauthorized persons.
The recruiter and Spaminds pledge each other to data confidentiality of all noted documents and information, which relate to business matters of the other contracting party and which are accessible to them during the preparation and implementation of this agreement. As long as there is justified concern, this obligation remains in effect after the completion of this contractual relationship.
Both contracting parties are responsible to oblige co-workers, which virtually are able to access the data accumulated in the framework of this contractual relationship, to secrecy.
Failure of services
If Spaminds cannot maintain its services due to severe causes (e.g. force majeure, power failure, failure of electronic data processing), its obligations are dormant for the extent and period of time of the impedement, unless gross negligence of Spaminds can be proved. The failure does not entitle to amends.
Successful search for candidates
When the recruiter and a candidate conclude a contract, the recruiter is obliged to announce this to Spaminds in written form. In particular this announcement shall contain the type of work (employee or freelancer), the duration of employment and in case of freelancers the terms offered on payment. In this regard Spaminds reserves it's right to contact the candidate in order to confirm the data. In addition the recruiter agrees that Spaminds has the right to demand insight into the agreement with the candidate.
Changes of the general terms and conditions
Spaminds reserves the right to modify the general conditions and terms at all times. The modifications strictly effect the contractual relationships, which are engaged after the date of modification.
Jurisdiction and governing law
All legal relations between the recruiter and Spaminds shall be governed by the law of Austria and submitted to the exclusive jurisdiction of the Austrian courts.
GENERAL TERMS AND CONDITIONS FOR THE CANDIDATE
Coverage and Subject matter
In the following terms and conditions for candidates all the services by the Spaminds E-Services cooperation (to which will be later on referred to as "Spaminds") for freelancers and employees (in the following called "candidate") concerning the use of the the internet platform www.spaminds.com, will be regulated.
No addition, amendment or modification of these terms and conditions shall be effective, unless in writing and signed as accepted by Spaminds.
In case one of the following terms is determined to be invalid, all the remaining terms continue to be valid.
Subject of these terms and conditions is exclusively the use of the products, services and databases, which are accessible through Spaminds's internet platform, and are meant to join the job seeker and bidder in an appropriate way.
Spaminds offers it's services to the candidate free from charge, except for special services, which are agreed upon by both parties.
Basically, the candidate cannot claim the free services of Spaminds. The free service of Spaminds is strictly voluntary and exclusively carried out according to the terms and conditions as described here.
Spaminds's services
At www.spaminds.com Spaminds offers job advertisements and services, which shall help the candidate to find new challenging job opportunities quickly and efficiently. This service is free of charge for the candidate.
In case a candidate registers and creates a Job Profile, he can particularly engage the following services:
- Online-application via Job Profile
The Candidate can deposit his Job Profile on www.spaminds.com and enable it in two different ways. Based on this, he may search for jobs himself or get found by recruiters. Through his own password protected site ("My Spaminds") on www.spaminds.com the candidate has the possibility to edit or inactivate his Job Profile or save and view his current applications at any time.
Hereby the candidate commits to create his Profile truthfully and to update it in case of changes. Spaminds reserves the right to neglect the integration of Job Profiles into its database, or to delete registered Job Profiles.
- Download resume as a PDF file
As an extra service, Spaminds provides the candidate with a PDF-Resume which is based on the data in his Job Profile and free for download. This resume is based on the EU Directives and can be edited and amended at any time through the Job Profile. Spaminds offers the following amendments for the resume: Overview Career, Overview Skills, Desired Job. At any time the candidate has the possibility to complete the CV with these amendments.
On demand, this CV will be automatically added to the application of the candidate and sent to the recruiter.
The above mentioned CV is also available to the candidate for applications apart from the Spaminds network.
- Inquiries by recruiters and job offers by e-mail
By enabling his profile at "Enable My Job Profile", the candidate has the possibility to get contacted by recruiters at any time through the e-mail address he has submitted.
In addition, adequate job offers can be sent to the candidate's e-mail address, if he requests this service when enabling his Job Profile.
It is the responsibility of the candidate to see to it, that no legal problems arise from the above mentioned service (e.g. if the e-mail address submitted to Spaminds is from the candidate's company). For this service Spaminds recommends to submit a private e-mail address.
- Sending of e-mails (Newsletter)
The candidate explicitly agrees, if announced so at registration or in another way, to receive the Spaminds newsletter via e-mail to the address supplied. At any time, the candidate has the possibility to unsubscribe the newsletter.
- Data security (also see: Datenschutz/Sicherheit)
All personal data of the candidate is treated strictly confidential by Spaminds and under the strict regulations of data security laws. The online accessible Job Profile, released by the candidate, is displayed without the personal data (e.g. name, address, sex, date of birth, telephone number) of the candidate. The recruiter can only contact the candidate over his Job Profile. It is up to the candidate himself to decide, if he wants to transmit his personal data to the inquiring company in the next step.
Passing on data to third parties is strictly forbidden. Every ascertainment, processing and usage of data for other purposes is a violation of this agreement.
Usage of visible data
As as the candidate is provided with the opportunity to access the database of Spaminds, following regulations apply:
The ascertainment, processing and usage of visible data by the candidate are subject to the conditions of its purpose. The data is bound to be used in order to establish an employment status or employer-employee relationship and is only allowed to be retrieved and used in terms of his own job search; passing on data to third parties is strictly forbidden. Every ascertainment, processing and usage of data for other purposes is a violation of this agreement.
Successful Job or Project search
When the recruiter and the candidate conclude a contract, the candidate is obliged to announce this to Spaminds in written form. In particular this announcement shall contain the type of work (employee or freelancer), the duration of employment and in case of freelancers the terms offered on payment.
Changes of the general terms and conditions
Spaminds reserves the right to modify the general conditions and terms at all times. The modifications strictly effect the contractual relationships, which are engaged after the date of modification.
Jurisdiction and governing law
All legal relations between the candidate and Spaminds shall be governed by the law of Austria and submitted to the exclusive jurisdiction of the Austrian courts.
Liability
The Spaminds E-Services cooperation (to which later on will be referred to simply as "Spaminds") commits itself to perform its contractual services according to the agreement.
Spaminds is not liable for:
- Contents which were uploaded to the website by recruiters (bidder of jobs), candidates or distinguishable third parties.
- Loss of the recruiter (bidder of jobs) which has been caused while establishment or accomplishment of an employment status by means of Spaminds;
- Contents of external sites, which are linked to in the context of the online services. Spaminds particularly does not have influence on the embodiment and contents, of foreign websites. Hence Spaminds distances itself from all foreign contents, also if Spaminds has linked these external websites. This notice applies to all featured links on the website and all the contents of the linked sites, to which the filed links and banners lead.
Copyright
All texts, pictures, graphics and other data, as well as their arrangement are subject to copyright and are the intellectual property of the Join Vision E-Services cooperation. It is prohibited to disclosure data to third parties, or to use it in a changed form on other websites.
Some pages of www.spaminds.com contain pictures, which are the subject to copyright of those, who have provided them.