General Terms and Conditions - Social Media Recruiting

1. Agreement and scope

1.1 This Agreement (“The Agreement“) applies to the provision of services from Jobtip AB, 559033-2648, (“Jobtip“) to the customer (“Customer“). The services covered by the Agreement (“Services“) are shown in Jobtip order confirmation (“Order Confirmation“). The agreement also applies to additional services unless otherwise specifically stated.

1.2 By using Jobtip services, the Customer confirms that the Agreement applies, even if the Customer has not signed the Agreement in writing. The agreement is valid before and replaces all any prior oral or written negotiations and agreements. There are different conditions orally or on any other document, the Agreement shall apply before these, with the exception of Jobtip’s expressly approved deviations in the Order Confirmation.

1.2 Genom att använda Jobtips tjänster bekräftar Kunden att Avtalet gäller, även om Kunden inte undertecknat Avtalet skriftligen. Avtalet gäller före och ersätter samtliga eventuella tidigare muntliga eller skriftliga förhandlingar och överenskommelser. Förekommer avvikande villkor muntligen eller på någon annan handling ska Avtalet gälla före dessa, med undantag för av Jobtip uttryckligen godkända avvikelser i Orderbekräftelsen.

2. Services

2.1. The agreement gives the Customer the right to use the Services only in accordance with this Agreement.

2.2. Jobtip constantly develops the Services and reserves the right to make minor changes to the service/services provided to the Customer during the current contract period.

3. Personal data

3.1 The Customer is aware of and agrees that personal data relating to the Customer, its Users and the personal data provided by users in the service are processed and stored at Jobtip in accordance with separate data processor agreements.

3.2 The Customer is the data controller in the meaning of the Gdpr and Jobtip acts as a data processor and performs certain services, including data processing, as instructed by and on the task of the Customer.

4. Rights

4.1 The Services and all intellectual property rights, such as copyright, trademarks, patents or patentable inventions, database rights and all other rights, including trade secrets (“Intellectual Property Rights“), in or to the Services, are Jobtips property. This Agreement does not imply any transfer of any Intellectual Property Right at all.

4.2 The Customer receives the only right to use the Services under the Contract through this Agreement. The Customer receives no other rights whatsoever to Jobtips or Jobtips licensee’s Intellectual Property Rights.

4.3 Jobtip gives the Customer a non-exclusive, non-transferable right to use the Service in accordance with these Terms and Conditions during the contract period.

4.4 The Customer retains rights to the material that the Customer uploads or otherwise transferred to the service, and Jobtip uses only the material in the manner required to fulfill the service delivery.

4.5 The Customer is aware of and agrees that Jobtip may use the Customer’s trademark for text and image in the Service.

4.6 In the case that Jobtip is permitted access to the client’s social media account(s), Jobtip may only use the admin rights in such a manner required to fulfill the execution of the service contracted for in this agreement. Jobtip may not use the admin rights for any other purpose other than contracted for in this agreement except with the written consent of the client.

5. Limitation of liability

5.1 Jobtips’ goal is to always provide high-quality information. Due to the nature of the Services, the Services are provided without warranty on the appointment or specific number of applications, whether expressly or implicitly.

5.2 None of the parties responds to the other for non-profit or merit, other indirect loss or consequential loss, loss of business or goodwill. Nor does the party have any responsibility to the other for the loss of expected savings, increase in unsecured claim or failed attempts to reduce the uncertain claim. However, the Customer undertakes to keep Jobtip and Jobtips group companies harmless without any limitation of liability from loss, cost, damage, claim or claim by third parties or imposed or hit Jobtip or Jobtip group companies because the Customer used the Services or processed personal data obtained through the Services in violation of the Agreement or applicable law.

5.3. Where there is a basis for Jobtip to award damages to the Customer, Jobtip’s liability shall be limited to the corresponding value of what the Customer paid to Jobtip for the Services during the preceding 12 months before the liability of damages arose.

5.4. A Party is exempt from the penalty for failure to fulfill the obligation under the Agreement if the failure is based on the nature set out below (“Liberating Circumstance“) and the circumstance prevents, complicates or delays the performance thereof. As Liberating Circumstance must be regarded, inter alia, in the case of the United States. authority’s action or omission, new or amended legislation, conflict in the labor market, blockade, war or danger of war, fire, flood, scarcity on means of transport, goods or energy or accident of a greater scale, and failure or delay in delivery from subcontractor caused by an event outside party control;

5.5 Jobtip is liable either for direct or indirect damages (such as loss of production, loss of profits or other loss) due to lack of availability, function or failure of the content of the Service.

6. Privacy

6.1. Party undertakes not to disclose confidential information about the counterparty regarding business, business, customers, clients or suppliers except where permitted in accordance with paragraph 6.2.

6.2. Party is allowed to disclose confidential information:
to their employees, representatives and advisors who need the information in order to carry out the party’s commitment under the Agreement. Party shall ensure that recipients of the information comply with the commitments in the agreement.

6.3. A Party shall use only the confidential information of the counterparty to fulfill its obligations under the Agreement.

7. Payment

7.1. The agreed fee shall be paid at the time of the order against an invoice with payment terms thirty (30) days from the invoice date, unless otherwise specifically agreed. All prices are indicated excluding VAT.

7.2. In the event of late payment, annual interest on late payment is charged on the invoice amount with the applicable reference rate plus eight (8) % from the due date. Reminder fee is charged upon reminder.

7.3. In the event of non-payment ten (10) days after a reminder has been sent, Jobtip has the right to submit the invoice for debt collection measures and to suspend the Services covered by the Agreement. In the event of such suspension of the Services, the Customer is not relieved of his liability in accordance with the Agreement.

7.4. The agreement specified volumes refers to access during the specified period. Any remaining volume at the end of the period is not included in the next period and does not entitle the Customer to a refund or other reduction in the price.

8. Contract time and termination

8.1. The agreement is valid according to the start and end date as shown in the Order Confirmation. The agreement ends at the specified end date without prior notice.

8.2. If the Customer does not comply with the terms of the contract, cancel payments, negotiate with a creditor if arrangements or otherwise may be presumed to have been found insolvent, cease to exist or in any way abuse the Services, Jobtip has the right to effect suspend the Customer’s access to the Services and terminate the Contract without prior notice, without the right for the Customer to recover any part of the fee paid for the remaining contract period.

9. Premature cessation

9.1 The Party has the right to terminate the service until immediate termination if the other Party is guilty of material breach of those terms and conditions or what has otherwise been agreed. Fees paid by the Customer are not refunded on the part of Jobtips on the basis of this paragraph.

9.2 In the case that Jobtip is permitted access to the client’s social media account(s) to fulfill the execution of the service contracted for in this agreement, the client is inclined to, at any time, revoke the admin rights to their social media account(s) during the term of this agreement given that the decision to revoke access is communicated in writing. This agreement will not change as a result of revoking admin rights to the client’s social media accounts.

10. Transfer of the contract

10.1 The Customer is only entitled to transfer the Contract to another if agreed in writing between the Customer and Jobtip unless otherwise stated below.

10.2 Jobtip has the right to transfer the Agreement to companies within a group or group of companies, in which Jobtip belongs or may belong.

11. Support

11.1 Support for the Service is provided during business hours, 8 – 17 on weekdays.

12. Availability and changes

12.1. The service is normally available 24 hours a day, every day of the week. However, Jobtip cannot guarantee that the Service is free from errors or interruptions during that time and always has the right to remedy the lack of service before a breach of contract exists. Jobtip has the right to make changes to operating methods, technical specifications, systems, opening hours, etc. and always has the right to close the Service for maintenance, for example.

12.2. Jobtip has the right to amend the Agreement from time to time if necessary due to new or amended legislation or by means of authority action or failure by notice to the Customer indicating when such changes enter into force; however, no earlier than 30 days from such notice.

12.3 Messages arising from this Agreement, as well as general information and newsletters are sent to the Customer by e-mail.

13. Controversy

13.1. The rights and obligations of the parties in interpreting and applying the Agreement shall be determined in accordance with Swedish law and dispute be heard in the general court with the Gothenburg District Court as an exclusive forum at first instance. 13.2. If different language versions of terms and conditions and contracts are invoked, the Swedish version shall take precedence over translations.

14. Entry into force

14.1. These General Terms and Conditions apply from 1 January 2019 and supersede all prior terms and conditions of use for the Service

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