General Terms and Conditions

1. Scope

1.1
StepStone AB (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 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

2.1
StepStone and the Customer enter in to a binding agreement in connection with the placement of the order from the Customer, which is usually done by telephone or by e-mail. StepStone will thereafter confirm the order in writing. For more comprehensive assignments can StepStone in connection with the placement of the order inform the Customer that it require that the Customer in writing verify StepStones confirmation of order in order for an agreement to be concluded. In these cases the need of a verification in writing will also be stated in the confirmation of order, and the parties will conclude a binding agreement when StepStone receive the verification from the Customer. The Customer can also choose to verify the confirmation of order by e-mail.

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.se ("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

Payment for the services performed by StepStone is set out in the price list published at the website www.stepstone.se. The price list which was published at the website www.stepstone.se at the time when the offer was made to the Customer shall be valid. 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 is published containing 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 after the first rendering of a Service Element and at the latest 14 days after the conclusion of the contract if no Service Element has been rendered due to the fault of the Customer. Payment is due 15 days after receipt of the invoice, without deductions.
When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 8% above the base rate of the European Central Bank and collection costs will also be charged. 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 Euros 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.

6. The Basis of Co-operation

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 co-operation partners in offline or online media. 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 co-operation partners.

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      
By entering into this agreement, the customer agrees to receive by e-mail surveys, newsletters and other commercial messages that helps StepStone maintaining and improving its quality. Such commercial messages will only be used for marketing purposes in relation to goods and services similar to the goods and services that are offered by StepStone. The customer may object to receive such commercial communications without formal requirements at any time. Any commercial message will contain information on how the customer can withdraw consent. The withdrawal of consent shall enter into force with immediate effect.

6.4      
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 ("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.

6.5
Illegal Content as per 6.4 includes but is not limited to Service Elements which doesn't fulfil this requirements:

-  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.
-  Service Elements must specify the job position correctly and must not be misleading
-  Websites that are linked to must comply with legal requirements.
-  The Service Element must not violate anti discrimination law.

6.6      
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.

6.7
StepStone is entitled to use vicarious agents.

6.8
The Customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the Internet service supplied by StepStone or trouble and fault free network operation in general.

6.9
The Customer guarantees that all of his content or parts thereof published by him on the Internet or given to 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.

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 are 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, 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.

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      
The Customer grants Stepstone a license to use, reproduce and communicate to third parties the customer data/content/logo/trademark/(trade)name or other signs for purposes of rendering the Service Elements. By placing the order, the Customer warrants that he has purchased or otherwise acquired all necessary user rights, copyrights and ancillary copyrights that are required for Stepstone to render the Service Elements (including but not limited to the publication of Customer's data and content on the Internet).

8. Warranty

8.1      
StepStone shall use its best efforts to supply the Service Elements as described in the relevant documentation. If the Service Elements involve the design of software, StepStone will use its best efforts to design software free of errors. The Customer acknowledges that, according to current technical standards, it is not possible or economically reasonable to design a completely error-free program.

8.2      
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.

9. Liability

9.1
The Customer must make all complains in writing regarding defects in the Service Elements within reasonable time, but no later then seven days from the date on which the Service Element was published.

9.2
Step Stone has, after complains from the Customer, the right to rectify any defects in the Service Elements. Under such circumstances the Customer is entitled to an extension of the publishing period corresponding to the time the defect exist.

9.3
If a Service Element isn't published on the Internet within the agreed period, and If StepStone is responsible for the delay, the Customer is entitled to an extension of the publishing period corresponding to the time the delay lasts.

9.4
The Customer has no right to compensation for losses if a defect is possible to rectify according to section 9.2.

9.5
StepStone´s entire liability under a contract is limited to direct losses and shall in no event exceed 5 % of the amount that the Customer has paid for the current Service Element.

9.6      
StepStone is not liable for:
9.6.a. The correctness of the data published by StepStone at the request of the Customer or Applicant. StepStone shall not be liable for statements given in this data.
9.6.b. The performance of third parties, which the Customer has contracted in order to fulfil the obligations of these Terms and Conditions.
9.6.c. For any force majeure event such as those set out in section 10. below.
9.6.d. For a minimum number or minimum quality of applications from Candidates to the Customer's Job Listings.
9.6.e. For investments made by the Customer in relation to the contract and in anticipation of a minimum number of applications.

9.7
If the Service Elements agreed upon infringe any third party's rights, StepStone may, at its own expense, either change such Service Element to avoid such limitation or obtain the necessary permission to use such Service Element in compliance with third party rights. These measures should not result in the functionality of the Service Element being unreasonably limited for the Customer. If the Customer becomes aware of protection rights of third parties, the Customer is obliged to immediately inform StepStone hereof in writing.

10. Force majeure

Step Stone is not liable under this agreement to the extent the fulfilment of the contract is hindered by force majeure. If StepStone is prevented from performing its obligations under the contract due to an event of force majeure for more than two months, the Customer shall be entitled to terminate the contract with immediate effect. Neither Party shall have any liability to the other in respect of the termination of the contract as a result of an event of force majeure. Force majeure includes but is not limited to: wars, fire, terrorist attacks, server breakdowns that are beyond StepStone's control or caused by an insufficient communication infrastructure or the deficient software or hardware of a Customer, cuts in telecommunication networks etc.

11. Confidentiality

11.1   
StepStone shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of StepStone shall also continue after the this contract has expired.

11.2     
Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

11.3     
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.

11.4     
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.

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 begin with the rendering of the first Service Element. If the Customer is responsible for the late rendering of the first Service Element the contract shall, at the latest, begin 14 days after the date StepStone receives the signed contract. 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 that 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 Sweden shall exclusively apply to this contract. The courts of Stockholm shall have exclusive jurisdiction for disputes arising out of this contract.

13.2     
Place of performance for all legal relationships between StepStone and the Customer shall be Stockholm.
 

Additonal Terms and Conditions Advertisements

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.
 
1. Description of Services

1.1      
StepStone shall publish Advertisements on the Internet on behalf of the Customer in accordance with section 3 of the General Terms and Conditions.

1.2      
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 co-operates 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 co-operating media partners can be requested from Stepstone. StepStone will not charge any additional fees for such additional performance.

1.3      
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.

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 section 6.4 of the General Terms and Conditions).
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 failure to comply with legal or data protection provisions.

4. Other

4.1      
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.

4.2      
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.

4.3      
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.

4.4      
The transfer of an Advertisement Agreement ("Reselling") to a third party requires StepStone's prior consent.
 

Additional Terms and Conditions CV Database

These Additional Terms and Conditions CV Database apply in addition to our General Terms and Conditions and prevail in case of doubt.

1 Description of Services

1.1
StepStone operates databases on the internet which contain CVs of jobseekers ("Candidate"). Candidates can enter their 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 ("anonymised CV"), or in such a way that that his personal data are directly accessible in the database ("public CV"). The Customer, that orders an access to the CV database, may directly view public CVs and contact the candidates behind the CV and in case of anonymous CVs may, via the StepStone electronical system, send a contact request to the candidate behind the CV.

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 CVs 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 "CV-Center". 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-Center for data protection reasons as soon as a Candidate deletes his CV from the CV Database. The CV database must not be used for any purposes violating antidiscrimination law.

1.4   
If the Customer saves the personal data of Candidates on his own systems he is obliged to comply with further monitoring duties. Should a Candidate delete his CV from the StepStone Database and the CV Center, 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   
The Customer is entitled to contact up to 500 CVs from the CV Database per month through the CV Database.

1.6   
In case on anonymised CVs Candidates may block certain companies from accessing their CV. In such cases the respective Customer can not 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. Section 6(4) of the General Terms and Conditions shall prevail.

2.2   
In particular, the Customer warrants not to forward or otherwise communicate 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 certain 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. Price models

3.1   
Depending on the specific price model agreed upoon the Customer can access a predefined number of CVs in the CV Database for one month or pays per accessed CV or per number of searches he ran and may contact up to 500 CV profiles individually in order to fill a specific open position, in case of public CVs directly and in case of anonymous CVs after prior contact request. The number of contacts is limited to 500. Massmails and spam mails are not permitted.
 

Additional Terms and Conditions Job Feed

These Additional Terms and Conditions Job Feed apply in addition to the General Terms and Conditions and prevail in case of doubt.

1. Description of Services

1.1
By ordering the Job Feed Services, StepStone is obliged to automatically mirror the job listings on the Customer's web site on the StepStone web site during the contractual period. The mirroring process is fully automated. Every Advertisement of the Customer will be published in an identical form. Additional manual changes are not provided. This description of services shall be deemed as an agreement of functionality and is comprehensive.
No other functionalities are granted.

1.2
Job Feed is a complex software solution. A good co-operation between the parties ensures its successful implementation and the expected functionality. The current Job Feed product description and the Job Feed technical documentation contain obligations of the Customer and conditions precedent for a successful usage of the program. The Customer is obliged to read this documentation before the Job Feed Services start. The Customer is advised that its content will be considered as known.

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 at least once per week.

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.
 

Additional Terms and Conditions Company Pop-Up

These Additional Terms and Conditions Company Pop-Up apply in addition to our General Terms and Conditions and prevail in case of doubt.

1. Description of Services

1.1
StepStone shall publish a presentation of the Customer's company as a pop-up on the Internet ("Company Pop-Up") on behalf of the Customer.

1.2.
The Company Pop-Up shall be published during the second and third times a user uses the site per week. It contains a link to the Client's Advertisements published by StepStone. The size must not exceed 200 x 263 pixels.

1.3
This description of services is considered to be an agreement of functionality and is comprehensive. Further functionalities are not granted.

2. Term

2.1
Company Pop-Ups will be published for a period of 7 days unless other periods have been agreed by the Parties.

3. Non Binding Offer

3.1
Only one Company Pop-Up will be published on the StepStone site per week. The Customer is not entitled to claim a specific publishing date. Of course, StepStone will try to consider the Customer's requirements as far as possible.