About StepStone
StepStone is one of the most visited online job boards in Germany and was awarded the most popular career website of the year from 2008 to 2013. With 10.7 million visits monthly, the offer of StepStone provides the highest reach within its competitive environment in Germany (January 2014). StepStone is probably the best place to find the right and appropriate staff. Founded in 1996, StepStone is one of the pioneers in online recruitment, counting today more than 20,000 customers.

General Terms and Conditions

1. Scope

1.1

StepStone Deutschland GmbH (hereinafter referred to as “StepStone”) and the undersigned business partner (hereinafter referred to as “customer”) agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. StepStone’s terms and conditions, together with the additional terms and the price list contain the whole agreement between StepStone and the customer. Any terms and conditions of the customer do not apply, unless StepStone explicitly consents to them in writing.

1.2

The version of StepStone’s terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between StepStone and the customer. These terms and conditions only apply to business customers and not to consumers.

2. Conclusion of Contract

The contract is concluded when StepStone receives the signed acceptance of the contract offer, which shall contain the date, company stamp and signature of the customer. Amendments and additions to the contract as well as statements and individual instructions must be made in writing. Faxes are considered to be a written form. Electronic form, including email is excluded. Conditioning out the written form requirement also requires written form. If StepStone receives the acceptance of the contract offer after the end of a deadline for the offer, this shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by StepStone which will either be made explicitly in text form or implicitly by provision of the services.

3. Description of services

3.1

The contract obliges StepStone to publish the products and perform the services agreed upon in the contract, displayed at www.stepstone.de (“service elements”) in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day. The description of services in our additional terms and conditions applies in addition.

3.2

The contract entitles StepStone to use customer data for trend analysis and surveys, however, results shall be published anonymously.

3.3

Non-competition clauses are not accepted.

4. Remuneration

4.1

Payment for the services performed by StepStone is set out in the price list given to the customer. The price list published on www.stepstone.de at the time the offer was made to customer shall prevail. Services that are not included in the StepStone price list are subject to individual agreements between StepStone and the customer.

5. Conditions of Payment

5.1

Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies and postage which are usually incurred. The cost of corrections and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. StepStone will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay StepStone for these additional costs if he has consented to them.

5.2

If a service element contains an error, the first correction of the incorrect service element is free of charge provided that the error was not caused by the customer’s faulty performance. Thereafter every additional correction shall be charged for according to StepStone’s price list valid at the time when the order for correction was made. However if StepStone makes a mistake in the first correction, the first additional correction shall be free of charge

5.3

The customer will be invoiced immediately upon conclusion of contract unless otherwise expressly agreed in writing. StepStone reserves the right to demand advance payment. Payment is due 10 days after invoice date, without deductions.

When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 9% above the base rate of the European Central Bank and collection costs will also be charged. In addition thereto StepStone is entitled to demand lump sum compensation for delay in the amount of 40,- € (§ 288 Abs. 5 BGB). In the event of a default in payment, StepStone can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.

5.4

All prices exclude any VAT legally payable on the date of the invoice.

5.5

If payment is made from abroad, cheques for less than 1,000 Euros will only be accepted if an administration charge of 25,- € is paid in addition. Payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.

5.6

Any payments made by the customer will be credited against the oldest outstanding invoice. StepStone may refuse to fulfil its services until customer has made all outstanding payments.

5.7

We reserve the right to send all invoices and correspondence in relation to invoices such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide StepStone with a valid email address and to promptly inform StepStone of any changes in email address.

6. The Basis of Cooperation

6.1

StepStone is committed to continually optimise the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications. This includes:

  • Working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer hereby gives StepStone the right to publish service elements without prior notice in online and offline media, print media and audio and video media. StepStone pays special attention to the image and quality of its cooperation partners:
  • Ensuring a user-friendly readability on all devices by optimising the display of advertisements. 

6.2

The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with StepStone’s consent.

6.3

As far as StepStone has obtained the customer’s email address in connection with an order, StepStone may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by StepStone via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. StepStone will inform about the right to opt out in every email.

6.4

The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer’s obligation to immediately inform StepStone if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, StepStone’s period of performance shall be prolonged accordingly.

6.5

The customer shall ensure that he receives emails from StepStone unobstructed and will set StepStone as “trusted server”. This shall avoid that online applications, which are sent through StepStone’s online application form, are filtered by client’s spam filters. The same applies to correspondence under this agreement.

6.6

StepStone reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of StepStone (“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. StepStone 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 StepStone and hold StepStone harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

6.7

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 candidate has to make payments or investments (including training and/or travel fees), 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.
  • Ads for club memberships and ponzi schemes, pyramid sales or similar are not allowed. (Art. 16 of the German law against unfair competition).
  • Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with German statutory and case law.
  • Service elements must not violate anti discrimination law
  • 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.


If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.

6.8

StepStone bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer.

6.9

StepStone is entitled to use vicarious agents.

6.10

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 StepStone or trouble and fault free network operation in general.

6.11

The customer guarantees that all of his content or parts thereof published by him on the Internet or given to StepStone for publication are not encumbered by third party rights. The customer shall indemnify StepStone and hold StepStone harmless against any damage StepStone suffers from an infringement of this provision by the customer on first demand.

6.12

For job service elements that are published or used at websites that are not operated by StepStone Deutschland GmbH 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. Specific information about additional requirements and restrictions for websites that are not operated by StepStone Deutschland GmbH are provided upon request.

7. Intellectual Property Rights

7.1

This contract does not transfer any (intellectual) property right, licence or right of use from StepStone to the customer. All of StepStone’s rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain StepStone’s (intellectual) property without restriction.

7.2

All material and content published by StepStone is subject to StepStone’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 StepStone.

7.3

By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer’s job listings published in the database by StepStone.

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

StepStone warrants that it will fulfil the services ordered by the customer to be rendered by StepStone 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 StepStone’s is liable for a defect of a service element, StepStone 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 StepStone’s request the customer must inform StepStone 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. Liability

9.1

StepStone shall be liable for damages – irrespectively of their legal basis – in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if StepStone has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law (Produkthaftungsgesetz). In other cases StepStone shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.

9.2

In case of a violation of StepStone’s obligations that is not a defect; the customer may only withdraw from or terminate the agreement if StepStone is responsible.

9.3

If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by StepStone (“IPR-infringement”), StepStone shall indemnify the customer from all costs (including reasonable costs for legal defense) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by StepStone, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) StepStone remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable StepStone to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without StepStone’s prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if StepStone considers an IPR-Infringement possible, StepStone may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached ,(ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The client shall immediately inform StepStone in writing, if it becomes aware of such breaches of third party IPR.

10. Confidentiality

10.1

StepStone shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of StepStone shall also continue after this contract has expired.

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 StepStone 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 StepStone 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, StepStone 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 undertakings or court orders

11.1

If the customer has received a cease and desist letter due to a product published at StepStone, gave an undertaking to cease and desist from certain advertisement (-content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform StepStone immediately in writing about this. If the customer fails to inform StepStone, StepStone shall not be liable. The customer shall then be required to indemnify StepStone on first demand against claims of third parties and shall hold StepStone harmless from any eventual damages.

12. Term

12.1

This agreement shall be effective from the date on which StepStone receives a signed version of the contract. The term agreed therein shall also begin with reception of the signed contract, or if another commencement date is agreed upon, with such commencement date. 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 right to order service elements which have not been claimed before the termination of the contract shall end with the termination of the contractual period.

13. Miscellaneous

13.1

The laws of Germany shall exclusively apply to this contract. If the Purchaser is a merchant (Kaufmann) within the meaning of Art. 1 para. 1 of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special body or fund under public law the exclusive place of jurisdiction for all legal matters shall be Düsseldorf, Germany. In any other cases we or the customer may file a claim with any court that is competent under statutory provisions.

Additonal terms and conditions

Advertisements

1. Description of services

1.1

These additional terms and conditions for job listings, banners and company presentations (“advertisements”) apply in addition to our general terms and conditions and prevail in case of doubt. StepStone shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embedded files are not possible.

1.2

The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per clause 6.6 of StepStone’s General Terms and Conditions:

  • Within a job ad only links to the company’s online presence are allowed.
  • Text references and/or links within a job ad to further job offers that are not published at StepStone are not permitted. This includes the vacant jobs section at the customer’s website.
  • The request for unsolicited job applications is not permitted.
  • Links to competitors of StepStone are not allowed unless the customer itself is competitor of StepStone and links to its own online presence.
  • All content of a job ad must be directly visible to the user. Unless explicitly offered by StepStone as part of Certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer’s own tracking codes are not permitted. An exception is made for links to other websites and email addresses, however, the requirements of 1.2, bullet points one, two, four and six still have to be met. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
  • Links are permitted only as “no follow” links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
  • All content of a job ad as must be handed over to StepStone and must not include frames or any other forms of download via other servers.
  • Taking any influence outside the options provided by StepStone (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
  • Indexing and categorization, title and visible text of the ad must relate to the position offered in the ad.
  • A job advertisement must contain the company name and a description of the company, a job description, a profile of requirements, the place of word and a way to apply.
  • The job description must not refer to different jobs. It must contain the job title and describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of non compliance StepStone reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the General Terms and Conditions.
  • A job advertisement may be published in different language versions but may not be published as a mixed-language version.  

1.3

StepStone is allowed, but not required, to publish advertisements on websites owned and operated by StepStone and directed towards certain professional categories (“Channels”) and may refuse publication on Channels in its sole discretion. In addition, StepStone 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. StepStone cooperates with media partners for this purpose, and hosts the StepStone job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from StepStone. The publication in other media or with cooperation partners, e.g. in case of mobile optimized ads, may be made in a different and/or standardized layout.StepStone will not charge any additional fees for such additional performance.

1.4

The customer is aware that content published on the internet is crawled by search engines as google and others and that these search engines archive the published content. StepStone will set a meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine StepStone shall not be liable and any requests for deletion shall be made to the search engine.

1.5

StepStone reserves the right to convert the display of job ads in order to improve the listing quality across all devices.

1.6

The above description of services is comprehensive.

2. Duration of Publication

2.1

Unless otherwise agreed, a job listing is displayed for a period of 30 days, a banner for a period of 7 days. Any job listing published during the contractual term shall remain online for the complete agreed period. After the period for which a job listing is placed, the display of it can be prolonged for 30 days as long as the prolongation happens within the contractual term. The display prolongation is considered a new placement of the job listing (for a fee). In case of a quota agreement, unspent credits can be used for the placement of the job listing.

2.2

Users with a personal StepStone account can store job listings in their personal StepStone account for up to six months. The stored job listings will be accessible beyond the actual contract period in accordance with number 2.1 for these users.

3. Box Number advertisements

3.1

StepStone offers to publish box number advertisements. Incoming electronic applications will be forwarded without adaptation or viewing the content to an e-mail address of the customer. StepStone is not responsible for the content of such forwarded applications. Only electronic applications will be considered for forwarding, offline applications will not be forwarded. Also, applications with a clear lock flag will not be forwarded. StepStone is not liable for the content of the applications. StepStone reserves the right to delete applications with obvious Illegal Content (as described in clause 6.4 of the general terms and conditions).

3.2

The customer is obliged to treat box number advertisements in accordance with local laws and data protection regulations. The customer indemnifies StepStone on first demand against all claims of third parties arising from the customer’s client to comply with legal or data protection provisions.

3.3

StepStone transmits messages of the customer to candidates as messenger only. The customer provides the messages to be transferred to the candidates. The customer warrants and guarantees that it will provide all messages to be transmitted to the candidates that are required under the law and that any messages provided do not violate applicable law. In particular reference is made to the requirement to give reasons to severely handicapped candidates under Art. 81 SGB IX. In case of any illegally omitted or illegal messages of the customer to the candidate the candidate shall indemnify StepStone from all and any claims of third parties and StepStone reserves the right to disclose the customer’s contact details to the third party.

4. Offers that are subject to change: International Deals, free services, job ads for training and internships

4.1

Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on StepStone’s continued cooperation with its cooperation partners in the respective countries. A change of StepStone’s conditions for international deals does not entitle the customer to terminate framework agreements.

4.2

In its sole discretion StepStone 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 StepStone at any time. The customer cannot claim continued fulfilment of services free of charge.

4.3

The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.

5. Miscellaneous

5.1

The customer is advised and agrees that StepStone cannot prevent the unapproved publication of job listings by third parties. StepStone shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.

5.2

The customer shall hereby assign to StepStone any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to StepStone for publication. In particular, the customer acknowledges that StepStone is the producer of the database of such job listings and has the sole database right to the customer’s job listings published in the database by StepStone.

5.3

An offer from StepStone for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by StepStone. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.

5.4

The transfer of an advertisement agreement (“reselling”) to a third party requires StepStone’s prior consent.

5.5

Four bottom advertisement banners are displayed at the bottom of the site (place of advertisement: left, centered and right). The customer cannot claim a specific place of publication for the advertisement banner. Places of advertisement are set by rotation. That means the customer shares the place of advertisement with other advertisements. All advertisements are displayed for a predefined, recurring time period until the end of the term.

5.6

StepStone continually endeavors to optimize the search results at www.stepstone.de, having the goal to achieve optimal results for customers. As far as the categorization of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. StepStone reserves the right to amend the categorization in its discretion. The customer cannot claim publication of his advertisements in specific categories selected by him.

5.7

“Apply now” linkings are displayed on the site when calling up job ads on StepStone’s job board. By clicking on the “Apply now” button, a stored job application form pops up where candidates can fill in their contact details, attach their CV and other application documents.If customer uses StepStone’s job application form, candidates applications will be send by StepStone to customer’s provided email address. StepStone’s mobile optimized job application form will automatically display when calling up job ads via mobile devices. 

5.8

StepStone uses a specific layout for the cross-device optimised display of job ads. Therefore StepStone converts job ads from any layout automatically in an optimised structure of content for cross-device readability without charging additional fees. 

Certain advertisements

These additional terms and conditions for certain advertisements apply to the advertisement products defined in section 1 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 case of doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected. StepStone shall on behalf of the customer, publish a presentation of the customer provided by customer in form of a “Company of the week”-banner and Premium Job (hereinafter referred to as “Company Ad”) on the Internet.

1 Description of service

The following descriptions of services are an exhaustive description of the services owed by StepStone. No further functionalities or services are owed.

1.1 Image Ads

On behalf of the customer StepStone publishes a Company of the Week banner and a Premium Job (hereinafter “Company Ad”) provided by customer on the Internet. The Premium Job will be placed at a prominent position of one of the StepStone target group Channels. The Company of the Week Banner is published in one of the StepStone target group Channels. The Company of the Week Banner is not subject to rotation. At the StepStone target group Channels only one Company of the Week Banner will be published per Channel and an unlimited number of Premium Jobs will be published at 10 locations that are subject to rotation. 

1.2 Newsletter Ads and Newsletter Logo Ads

On behalf of the customer StepStone publishes an advertisement provided by the customer in the StepStone newsletter (“Newsletter Ad”) and an ad at a prominent position within the StepStone newsletter (“Newsletter Logo Ad”).

The Newsletter Ad and the Newsletter Logo Ad will be published by StepStone under strict compliance with the legal requirement to clearly separate adverts from editorial content.

The Newsletter Ad is published either as text ad or banner ad and may contain a link to customer’s homepage or certain advertisements published by StepStone. The size of the text ad must not exceed 300 characters. Unless otherwise agreed, Newsletter Ads will be published in one issue of the Newsletter. Only one Newsletter Ad is published per newsletter.

The Newsletter Logo Ad includes the customer’s company name and the advertised position and will be published at a prominent position within the newsletter and will link to customer’s job at StepStone. No more than three Newsletter Logo Ads will be published per newsletter.

The customer is aware that the newsletter is sent to subscribers only. The subscribers can subscribe to the newsletter free of charge. Subscribers can unsubscribe at any time. Therefore StepStone cannot guarantee a certain number of recipients.

JobAgent Ad

On behalf of customer StepStone publishes an advertisement provided by customer in StepStone’s regularly released JobAgent (hereinafter referred to as “JobAgent Ad”). The JobAgent Ad consists of a text ad and an animated graphic banner. The text ad must not exceed 300 characters (including headers and spaces), the animated ad must not exceed 180×50 px/10 kb.
The JobAgent Ad will be published by StepStone under strict compliance with the legal requirement to clearly separate adverts from editorial content. The JobAgent Ad may contain a link to certain advertisement published by StepStone, an overview of advertisements published by StepStone, StepStone Company presentation or recruiting events at customer’s homepage.
Depending on the specific order and unless otherwise agreed, Job Agent Ads are published as follows:

·        Once in anissue of the Job Agent for a specific target group, or

·        Once in an issue of the Job Agent to all candidates that have registered for the JobAgent, or

·        Seven days in a row, each daily in every issue to all candidates that have registered for the JobAgent. This ensures that every candidate that has registered for the JobAgent receives at least one issue containing the ordered Job Agent Ad.

·        Seven days in a row, each in every daily issue targeted at a specific target group.

Only one JobAgent Ad will be published per JobAd.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to StepStone at the latest. If the material is not provided to StepStone in time, completely and correctly, customer shall have no right to claim publication. StepStone’s right to payment remains unaffected. The customer is aware that the Job Agent is sent to subscribers only. Subscribers can register for the Job Agent for free, but they will only receive a Job Agent when at least one open position fits the subscribers’ profile. Subscribers can unsubscribe from the Job Agent and exclude specific senders, so that StepStone cannot guarantee a certain number of recipients.

1.4 Direct Mail

On behalf of customer StepStone sends an email in customer’s individual layout to selected candidates from the StepStone CV-Database, which have explicitly consented to this kind of information (“Direct Mail”). The Direct mail may contain a specific job offer, an announcement of career events or a presentation of the customer including a link to open positions.
The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to StepStone at the latest. If the material is not provided to StepStone in time, completely and correctly, customer shall have no right to claim publication. StepStone’s right to payment remains unaffected.
The customer is aware that the Direct Mail is sent to subscribers only. Subscribers can register for the Direct Mail, can unsubscribe and exclude specific senders, so that StepStone cannot guarantee a certain number of recipients.

1.5 Skyscraper Ad

The Skyscraper is published at the search results list or if specifically agreed at one of theStepStone’s target group Channels. The Skyscraper is created by StepStone in a standard layout in html. Creation as flash is not provided. Unless otherwise agreed, the Skyscraper will be published for a term of seven days. Only one Skyscraper is published per week. The Skyscraper is not subject to rotation.

1.6 Individual Plus / Company Presentation Plus

The Listing with Layout Individual Plus and Company Presentation Plus include up to five tabs within the advertisement which open within the job advertisement upon click onto the individual tab and where further information about the open position or the company of the customer can be published. The first tab, which is displayed upon accessing the Listing Plus must be filled with the description of the open position. Additionally StepStone offers a defined number of further categories of tabs to the customer, from which the customer can choose the additional four tabs to be used within the Individual Plus.

1.7 Job-Plugin

The scope of services of Job-Plugin is displaying customer’s job ads published on stepstone.de also on customer’s homepage by providing customer with a URL by StepStone. A successful integration requires the incorporation of the frame on customer’s homepage by customer. Customer’s job ads published on stepstone.de are automatically displayed on customer’s homepage. 

1.8 Highlight Job

The scope of services of Highlight Job is the color-coding of customer`s job ads in the list of results in order to accentuate those ads. The job ads are highlighted for the first seven days after being published on stepstone.de. The color-coding has no influence on the order of displayed job ad listings in the list of results. 

1.9 E-Mail Push

On behalf of the Customer StepStone will send an email in a layout defined by StepStone to selected candidates from the StepStone CV database or to subscribers of the StepStone JobAgent, which explicitly consented to this kind of information (“E-Mail Push”).

The content of the E-Mail Push will be addressing an active Job ad which is placed on StepStone’s website for at least five further days to candidates that might fit to the job ad in StepStone’s view. The Direct Push will be sent to a maximum number of 500 candidates. StepStone does not guarantee any minimum number of recipients since the amount of potential addressees depends on the individual settings and information provided by the candidates.

1.10 Facebook-Integration

StepStone provides customer with an URL that allows customer to display his job ads published on stepstone.de also on his facebook page. The job ads are displayed within an additional tab titled “Job search” on customer’s facebook page. 

StepStone endeavors to react as soon as possible to changes made by facebook but cannot guarantee or warrant the functionality in case of changes by facebook.


2 Offers subject to change

2.1

Except for the Individual Plus, due to the limited availability of the certain advertisements the customer cannot claim publication in a specific period. However, StepStone endeavours to respect the customer’s preferences as far as possible. In case of JobAgent Ads this is only possible if StepStone is informed of the desired date of publication – or in case of a change request the alternative date – five working days in advance. The customer shall normally be informed about the time of publication within three days, at the latest within one week after placing of the order.

2.2

At any time StepStone may change the position of the Image Ad within the website, of the Newsletter Ad within the Newsletter, of the JobAgent Ad within the JobAgent and of the Skyscraper within the website as well as the appearance of the respective frame. Due to legal reasons StepStone may also make amendments, including amendments to the content of certain advertisements, except for the Listing Plus, which is however subject to section 6.6. and 6.7 of the General Terms and Conditions of StepStone.

CV Database (DirectSearch Database)

1. Description of services

1.1

These additional terms and conditions “CV Database (DirectSearch Database)” apply in addition to our general terms and conditions and prevail in case of doubt. StepStone operates databases on the Internet which contain CVs of jobseekers (“candidate”). Candidates can enter their profiles or CVs into the databases. By activating the CV the candidate publishes the CV either in anomyised form, i.e. without making personal data publicly accessible (“anonymous profile”), or in such a way that his personal data is directly accessible in the database (“public profile”). The customer, that orders an access to the CV database, may directly view public profiles and contact the candidates behind the profile and in case of anonymous profiles may, via the StepStone electronical system, send a contact request to the candidate behind the profile.

1.2

StepStone only grants access to the CV Database to customers for their own personal needs. No customer may forward access to the CV Database or anonymous profiles 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”). StepStone 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 “DirectSearch 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-Centre for data protection reasons as soon as a candidate deletes his CV from the DirectSearch 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 systems he is obliged to comply with further monitoring duties. Should a candidate delete his CV from the StepStone Database and the DirectSearch Database, the customer is obliged to immediately delete such data from his own systems. He is then also obliged to destroy any related hard copies.

1.5

As individually agreed in the contract the customer has access to read a specific number of profiles in the CV database. During 30 days the customer may contact up to 500 profiles by email with the aim to fill a vacant position, either directly in case of public CVs or in case of anonymized CV profiles after prior request. There is a maximum number of 99 CV profiles to be contacted at once.

1.6

Candidates with anonymous profiles may block certain companies from accessing their profile. In such cases the respective customer cannot send a contact request to the candidate. 

2. Obligations of the customer

2.1

The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6(6) of the general terms and conditions shall prevail.

2.2

In particular, the customer warrants to 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. The customer is advised that, if a candidate should approach StepStone requesting the deletion of any data relating to the candidate, and StepStone thereafter gives notice to the customer of this request, the customer is obliged to delete any hard copy or electronic files or data relating to a certain candidate Profile immediately.

2.3

The customer undertakes to indemnify StepStone against all losses, costs, claims, damages or other expenses that are caused by the customer, unless StepStone is responsible.

2.4

Candidates are responsible for completing their candidate Profiles. Therefore, StepStone does not warrant their completeness, correctness, accuracy or accessibility. StepStone does not warrant any degree of response.

2.5

The data of jobseekers registering on the StepStone sites (“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. StepStone is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.

2.6

The customer is advised that special terms apply to data transfers outside the European Union. Generally, such data transfers require the consent of the candidate – even if the transfer occurs within a corporate group.

3. Pricing models

3.1

The price and the details of invoicing are defined in the StepStone rate card or the customer’s contract.

4. Nature, Scope and Purposes of the Collection and Use of Personal Data when using the CV Database

4.1     

As part of your use of the CV Database and upon every access to the CV Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer). We also collect and store the scope of the individual use, i.e. which CVs have been accessed when.

4.2

The data collected and stored as per 4.1 will be used in order to avoid abusive use of the CV Database and thus to ensure a correct billing of the services. It will also be used in order to ensure and monitor that the CV Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the CV Database is enabled in its entire scope. Upon entering into the contract and when using the CV Database the customer and the specific user agree to the collection and use of the data in this scope.

4.3

Additionally we will use the data collected as per 4.1 in strictly anonymized form in order to create stitistics about the general behavior of the customers in the CV Database. This allows StepStone to design the CV Database in a more customer friendly way.

Job Feed

1. Description of services

1.1

These additional terms and conditions Job Feed apply in addition to the general terms and conditions and prevail in case of doubt.

1.2

The scope of the services of JobFeed is the creation of an interface by StepStone and with the customer’s support, via which StepStone regularly fetches the job ads to be published as provided by the customer and subsequently the creation of job ads in the StepStone format and individual layout in accordance with the Additional Conditions Advertisements, their publication at StepStone and the automatic comparison and actualization of the advertisements published at StepStone with the advertisement content provided by the customer. The fetching and the comparison via the interface is fully automated. No manual corrections are owed. JobFeed is a complex software solution. A successful implementation requires a close cooperation between the parties. The customer undertakes to provide such support and arrange those preconditions needed for a successful use as per the respective specifications individually defined. This description of services shall be deemed as an agreement of functionality and is comprehensive.

2. Term

2.1

The term shall be agreed individually. Contrary to the general terms and conditions, StepStone shall delete published job listings after these are deleted from the customer’s database, and StepStone shall publish job listings after they were entered into the customer’s database.

2.2

The Job Feed data mirroring will take place once daily or as agreed upon.

3. Booking and Acceptance

3.1

Any Job Feed listing published on the StepStone site in the described form and any additional job listing published after or during the initial publishing period of four weeks shall be considered as booked by the customer. A job listing shall be considered as accepted if it has been published for seven days on the StepStone site without the customer rejecting its publication.

3.2

StepStone shall count the job listings that were booked and accepted during the contract period and shall provide the customer with a performance confirmation if requested.

StepStone Recruiter-Space

1. Description of services

1.1

These additional terms StepStone Recruiter Space apply in addition to our general terms and conditions and prevail in case of doubt.
StepStone grants the non-exclusive, non-transferable right to use the StepStone Recruiter Space during the contractual period to the customer. StepStone shall provide the customer with the job listing tool StepStone Recruiter Space for 20 hours a day at http://www.stepstone.de/For-Recruiters/. The Recruiter Space enables the customer to edit and publish advertisements on his own. This description of services is considered to be an agreement of functionality and is comprehensive. No other functionalities are granted.

1.2

StepStone 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 authorised to access the StepStone Recruiter Space. The customer is also obliged to consider any additional security criteria he has been informed about.

If an agency acts on behalf of a customer, the same provisions apply. StepStone will grant agencies access rights to the listings of their customers so that they have the possibility of administering listings and of placing new listings on behalf of their customers. For this purpose the agencies will be provided with access to statistics, current contractual data and old listings placed on behalf of the customer. To do so, the agency must obtain the prior approval of its customer and produce this to StepStone, if required by the latter. The agency shall be liable if a customer makes a claim against StepStone because of a potentially unauthorised dissemination of access rights and information.

2. Data Protection

2.1

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 organisational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. StepStone is entitled to store the personal data of the customer and may process this data within the scope of this contract.

Online Ordering

1. Description of services

1.1

Certain types of job advertisement as well as the login to the CV Database can also be ordered online from StepStone. These additional terms and conditions Online Ordering apply in addition to our general terms and conditions and our additional terms and conditions job advertisements and CV Database (DirectSearch Database)

1.2

This description of services is exhaustive.

2. Written Form

2.1

Contrary to StepStone’s general terms and conditions the mandatory written form shall not apply. Contractual declarations (Willenserklärungen) can validly be made by both parties without any formal requirements.

2.2

The contract is concluded, when StepStone accepts the customer’s order. StepStone shall accept the order within one week by email conformation. The confirmation of the reception of the order (§ 312 i para 1, first sentence, # 3 BGB) is generated automatically and shall not be considered an acceptance of the order.

2.3

The products and rates published at StepStone’s websites are subject to change. StepStone endevours to publish correct products and rates at all times. StepStone shall be obliged to provide the products at the defined prices only after the customer has received StepStone’s acceptance of the order.

3. Terms of Payment

3.1

No agency commission is granted for Online Ordering.

3.2

StepStone reserves the right to provide service upon prepayment, only. Otherwise the customer my principally choose to pay with credit card or within 10 days of receipt of an invoice. In all other cases the provisions of clause 4 and 5 of the general terms and conditions shall apply.

3.3

StepStone grants refunds in accordance with statutory provisions.

4. Customer Information Obligations

Pursuant to German law (§ 312i BGB, Art. 246c EGBGB) StepStone informs the customer as follows:

4.1

In order to make an offer for a job advertisement contract the customer is taken through following technical steps:

  • The customer has to fill in the order form including the advertisement template
  • Advertisement preview is displayed on every page until the placing of the order
  • The customer reads and accepts the terms and conditions
  • The customer clicks on “placing order”
  • The customer is sent an electronic acknowledgement of receipt of the order (this is not the order confirmation, but the confirmation that the order was received)
  • Order confirmation form StepStone
  • The contract is concluded when the customer receives StepStone’s order confirmation. Thereafter the advertisement will be published online.

4.2

In order to make an offer for a contract regarding the access to the CV Database the customer is taken through following technical steps

  • The customer has to fill in the contact form
  • The customer reads and accepts the terms and conditions
  • The customer is sent an electronic acknowledgement of receipt of the order (this is not the order confirmation, but the confirmation that the order was received
  • Order confirmation from StepStone
  • The contract is concluded when the customer receives StepStone’s order confirmation.

4.3

These terms and conditions (general terms and conditions, additional terms and conditions advertisements or additional terms and conditions CV Database (DiercSearch Database) and additional terms and conditions Online Ordering) together contain the entire terms of the contract for the online ordering of an job advertisement. The price for an Online Ordering is defined in the price list which was live and published at http://www.stepstone.de when the customer received StepStone’s offer to enter into a contract. The legal relationship resulting from the (free of charge) visit to the StepStone web site is explained and defined in detail in our terms of Use. After entering into the contract we store the entries of the customer made during the online order. This information is not accessible for the customer after entering into the contract. Additionally we would like to inform you that StepStone only publishes the current Terms and Conditions and price lists. Thus the customer will not have access to the Terms and Conditions and price lists that were in force at the time of entering into the contract in case of later updates to the Terms and Conditions and the price list.

4.4

In accordance with German law (§ 312i Abs. 1 S. 1 Nr. 1 BGB), StepStone provides technological means that help to identify and correct any errors entered before the order is placed. The most important element in the context of online ordering of job advertisements is the advertisement preview on each of the three pages of the application form.

4.4

The contract language is German.

4.5

StepStone will store the customer’s order. The customer will not have access to his online order.

4.6

StepStone complies with German data protection standards, its terms of use and the conditions set out in its privacy statement.

Video Ads

1. Description of service

1.1

On behalf of the customer StepStone publishes short videos that have been produced with the customer’s involvement containing information about customer and open positions on the Internet (“Video Ads”). These additional terms and conditions Video Ads apply in addition to our general terms and conditions and prevail in case of doubt

1.2

This description of services is comprehensive.

2. Rights of use

2.1

StepStone offers two types of Video Ads. On the one hand videos that are provided to StepStone by the customer (hereinafter referred to as “StepStone Videos”) and on the other hand such videos that are produced by StepStone’s cooperation partner MovingIMAGE24 for the customer (hereinafter referred to as “Cooperation-Videos”).

Customer is informed and accepts that the term “Video-Stellenanzeigen” is protected under trademark law and the customer will accept this protection in all legal aspects.

If the customer has produced the Video Ad he shall not be entitled to publish the Video Ad without StepStone’s prior approval, unless otherwise is agreed. StepStone may also use the Video Ad on websites of its cooperation partners worldwide.

3. Cooperation-Videos

Cooperation-Videos are produced by MovingIMAGE24 GmbH, Stralauer Allee 7, 10245 Berlin. Parties of the agreement about the production shall solely be the customer and MovingIMAGE24, the general terms and conditions of MovingIMAGE24 apply (https://www.movingimage.com/de/agb). StepStone shall not enter into the contract with the customer about the production of the Cooperation-Video, but will act in the name and on behalf of MovingIMAGE24 GmbH.

StepStone publishes the Cooperation-Video or includes it in Video-Ads.

The customer warrants and guarantees that Cooperation-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third party rights. Clause 6.5 of the general terms and conditions applies.

4. StepStone-Videos

StepStone and customer agree that StepStone shall own (or shall be granted) the worldwide, exclusive copyright (or exploitation right) unrestricted in space and time in and to the StepStone-Videos for all existing forms of exploitation. This includes but is not limited to the right of reproduction, right of diffusion, right to broadcast and making available right.

StepStone may grant sublicenses.

After StepStone’s prior written approval, the customer may publish the StepStone-Videos at his website or at websites of its partners. StepStone will not unreasonably refuse the approval. StepStone may make the approval dependant on payment of an additional fee, unless the StepStone-Video was produced by the customer. The customer shall not be allowed to publish the StepStone-Video at other jobboards.

The customer warrants and guarantees that StepStone-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third party rights. Clause 6.5 of the general terms and conditions applies.

StepStone FollowAd

These product-specific terms for StepStone Follow Ad supplement our General Terms and Conditions of Business (T&Cs) and in the event of doubt take precedence over them.

1. Description of services

1.1

The StepStone Follow Ad enables customers to publish banner advertising in formats defined by StepStone on third-party websites that are visited by users who have previously searched for or accessed job adverts for specific professional categories on StepStone’s website. This requires the customer to select certain professional categories defined by StepStone and provide to StepStone banner advertising for products that the customer considers may be of interest to users of the StepStone website who have visited job adverts in these specific professional categories on the StepStone website. StepStone places this banner advertising on third-party webpages as part of a partner network selected by StepStone, targeted at users who have visited such job categories on the StepStone website. If a budget has been fixed under clause 3.2, the banner advertising shall remain in place until this has been exhausted. Otherwise the banner advertising shall remain in place for the full term under clause 4.

1.2

StepStone may only display the banner advertising if the respective user accepts the cookies required for the Follow Ad and does not delete them. Further, the individual users may object to the display of the targeted advertising on the pages of the third-party providers or the operator of the partner network.

1.3

The individual user is allocated to a professional group based on his/her search history and the adverts and pages he/she has viewed. Whether the user actually works in these professional categories or this reflects the user’s actual interests is beyond the scope of StepStone’s knowledge. StepStone therefore warrants neither that the users have a particular interest in the banner advertising nor that the user shall react in any specific way to the banner advertising.

2. Customer’s obligations

2.1

The customer is obliged to provide to StepStone the banner advertising in the formats defined by StepStone no later than three working days before the start of the scheduled campaign. If he/she selects the “Powered by Stepstone” option, he/she must integrate the graphic elements supplied by StepStone into his/her advertising material at the specified place at the specified size. Clause 6.4 of our T&Cs shall further apply in this regard.

2.2

The content of the banner advertising may not promote any competitor of StepStone. Further, the banner advertising may not contain any prohibited content defined at clause 6.6 of our T&Cs, which shall apply in full.

3. Remuneration and invoicing

3.1

StepStone shall be remunerated for publishing the Follow Ad on a CPM basis. This means that StepStone shall receive an agreed remuneration figure for every thousand times that the banner advertising is displayed.

3.2

StepStone and the customer may agree a budget in the contract. This budget is either expressed as a maximum number of thousand contacts or as a sum expressed as the CPM multiplied by the maximum number of thousand contacts. If the budget is reached, the customer shall not be liable for any additional remuneration even if StepStone continues publish banner advertising in excess of the budget.

3.3

Invoicing shall be based on reporting by the partner network selected by StepStone. The partner network’s reporting shall be binding both on StepStone and the customer. If the customer has any objections to the reporting, StepStone shall, at the customer’s express written request, exercise its rights of inspection to which StepStone is entitled under the agreement with the partner network, provided the customer assumes the costs incurred by StepStone for doing so.

4. Term

The term of the respective Follow Ad shall be specified in the agreement between StepStone and the customer. During this term StepStone shall publish the banner advertising either until any budget agreed under clause 3.2 has been exhausted or until the end of the term. If the agreed quantity to be delivered is not reached within the agreed period, StepStone reserves the right to provide the shortfall retrospectively within a reasonable period.

5. Data protection

StepStone takes the protection of personal data very seriously. StepStone collates, processes and uses personal data exclusively in compliance with the applicable statutory data protection provisions. No personal data of StepStone users is collated for the Follow Ad advertising form. This means that StepStone’s customers and partner networks are unable to trace the identity of the user. Personal data shall only be processed and used, or such data only transferred to third parties, subject to the express consent of the owner, or under a statutory provision that entitles StepStone to such use.

Düsseldorf, July 12th, 2016

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