hunter Online Usage Agreement
Usage Agreement for the hunter Online Service
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fecher GmbH

Usage Agreement for the hunter Online Service

English | June 2022

 

1. Subject matter of the agreement

We, fecher GmbH, based in D-63322 Rödermark, Otto-Lilienthal-Str. 12 (Germany) provide you, the customer, the hunter Online Service for use via in-ternet as browser or desktop application, as well as further services and applications from the recruitment solutions area. Also included in our services is the allocation of storage space for storing the data generated by use of the service, as well as software programs that are required to use the hunter Online Service.

You were able to view the content and scope of the hunter Online Service during the 30-day test phase. During this time, you had the opportunity to check whether or not the Online Service covers your requirements. We therefore do not provide a guarantee beyond the functionalities provided via the Online Service.

These conditions determine the legal framework terms and conditions be-tween you and us. You determine the number of users that may use the hunter Online Service individually by agreeing individual subscriptions for each individual user.

Additions to the subscriptions:

You are entitled at all times to order further subscriptions from us. The legal obligations, in particular term, termination and usage rights of all additional subscriptions, are based on this contract. If, at the time of commissioning the hunter Online Service, there is a premium maintenance contract that has not been terminated (old customer/main contract), the terms and periods of notice from this main contract shall apply. So-called short-term use licences with a time limit are excluded from these terms and periods of notice. This time limit must be specified when the order is placed. We accept the order in writing and activate each additional subscription in your hunter Online Service administration module.

2. Your rights and obligations

2.1 We grant you the non-exclusive and non-transferable right to use the hunter Online Service during the agreed term as expressly allowed in this usage agreement.

2.2 For each user that uses the hunter Online Service you must purchase a subscription to the hunter Online Service. You must register this user by name in the administration module of the hunter Online Service. Use of the hunter Online Service by several persons via one registration is not allowed. A user may only be changed when you have deactivated the current user in the administration module and have entered the new user in their place. Each and every infringement against this provision shall be pursued by us and shall incur additional subscription charges. Furthermore, we shall also be entitled to terminate this contract and all subscriptions covered by it without notice.

2.3 You are not entitled to make the hunter Online Service available for use by third parties, whether in return for payment or free of charge, or to use it for third parties. Re-renting the hunter Online Service is therefore expressly forbidden.

2.4 We provide you with storage space on a server for storing your data. You can store content on this server up to a volume specified in the offer. Should the storage space become insufficient for storing the data, we shall inform you accordingly. You can reorder the required volumes from us for an additional charge, subject to availability.

2.5 You are responsible for ensuring the confidentiality of non-public authentica-tion data (e.g. passwords) connected with your hunter online account and for preventing the unauthorized access of third parties to the hunter online ac-counts with appropriate measures.

You carry the sole responsibility for monitoring the usage of your accounts and for every use and misuse of your accounts, which occur when a third party uses a password chosen or issued by you or a username chosen or issued by you.

You are obliged to inform us immediately about any possible misuse of the accounts or authentication data or security-relevant incidents connected with the hunter Online Service.

3. Suspension of the hunter Online Service

We shall be entitled to suspend the hunter Online Service completely or in part under the following circumstances:

  • If we believe that your use of the hunter Online Service represents a direct or indirect danger to the function or integrity of our network or the use of the hunter Online Service by others;
  • If this is reasonably required to prevent any unauthorized access to customer data;
  • As required to comply with legal requirements or
  • Where payment is overdue for more than 30 days. All claims for financial loss-es shall be excluded here.

Any suspension of the hunter Online Service in accordance with this section shall only apply as long as it is reasonably required to remove the problems that caused the suspension.

We shall inform you about the suspension of the hunter Online Service in ad-vance, unless we have reason to assume that an immediate suspension is re-quired. We shall inform you at least 10 days in advance, before we suspend the hunter Online Service due to non-payment.

If you have not completely removed the causes of the suspension within 10 days after the suspension of the hunter Online Service, we shall be entitled to terminate the subscription. Item 11 of this contract shall apply with regard to your customer data (transition, customer data).

4. hunter Online Service availability

Our service covers the availability of the hunter Online Service and your data at the transfer point. “Availability” is understood mutually as the technical usability of the hunter Online Service and the application data at the transfer point. The transfer point is the connection to the data center on the Internet commissioned by us.

Generally, the hunter Online Service is available 24 hours a day, seven days a week. We guarantee a server uptime of 98.5% as an annual average, including maintenance times.

Excluded here is a non-availability of the hunter Online Service that has been caused by force majeure or technical influences that are beyond our scope of influence.

The customer shall be obliged to point out identifiable faults to us immediately and in writing per e-mail.

In case of serious faults - the use of the hunter Online Service is no longer possible or seriously restricted -, the troubleshooting process shall begin immediately as soon as we are aware of these. We shall perform maintenance work in accordance with technical conditions without any interruption up until removal of the fault. As soon as we have determined that the troubleshooting process will take longer than 12 hours, we shall inform you of this immediately by e-mail with an indication of the expected duration of the troubleshooting.

5. Support

Support requests (requests on handling the hunter Online Service) can be made by e-mail to [email protected]. Requests by telephone are accepted at the support number 00800-77486837 during core working hours on weekdays that are not public holidays in the German State of Hessen, from Monday to Friday 9:00 am - 12:00 pm and 1:00 pm - 5:00 pm (Central Euro-pean Time (CET,CEST)). Support is not provided on 24 December and 31 December. With support requests by telephone the information of the support form must be held at the ready. We do not provide any guarantee for availability.

6. Updates and troubleshooting

6.1 If the provision of a new version or a change to functionalities of the applica-tion causes restrictions in the workflows supported in the application and/or in the usability of to-date generated data, we shall inform of such in writing and in good time before such a change comes into effect. If you do not object to the change in writing within two weeks of receipt of the notification of change, the change shall become part of the contract. With every notification of changes, we shall inform you of the aforementioned period and the legal implications of allowing the ability to object to lapse. Should you object, this contract shall terminate at the end of the month following receipt of your ob-jection.

6.2 We shall remove defects and faults of the hunter Online Service. Occasionally, troubleshooting on a client computer may also be required. This is performed via remote maintenance access. You are therefore obliged at your expense to provide an access for the remote maintenance using the access means de-fined by us in the respective "Installation Guide". It is always essential here that the workstation to be maintained has Internet access.

Should, in exceptional cases, the maintenance be required on-site on your premises, we shall inform you accordingly. You carry the costs of the on-site operation, including travel costs and overnight accommodation. You will be informed of such per offer in advance and in writing.

The removal of errors and faults on software packages, the database, the workstation computers or the network, which are caused by improper handling by you, the influence of third parties, computer viruses, hardware faults or force majeure, is not part of the subject matter of this contract. You shall bear our expenses incurred as a result at the applicable hourly rates.

If there have been interventions by third parties, you will carry the responsi-bility to prove that the faults that occurred are due to the program or to our maintenance work. If you cannot provide such proof, you will carry the costs for the fault search and removal.

7. Use of software with the hunter Online Service

7.1 The users must execute browser applications or possibly install specific soft-ware to use the hunter Online Service. In this case, the following provisions shall apply:

You may install and use the software on your equipment only for use with the hunter Online Service. Your right to use the software terminates when the right to use the hunter Online Service terminates or expires. You shall be obliged to deinstall all local software components of the hunter Online Service when the right to use them terminates. We will also be entitled to deactivate the software at this point.

7.2 To guarantee smooth use of the service, you shall be obliged to comply with the applicable minimum requirements for hardware and software. The minimum requirements for the use of the installed hunter desktop application (Windows program "hunter.exe") are published by us regularly on our website at www.hunter-software.info/hunter-installation-guide/. You are obliged to inform yourself regularly about these publications and to comply with the corresponding requirements. Failure to do so may cause incidents and even a non-availability of the service.

The minimum requirement for using the hunter browser app is an up-to-date internet browser. A Chromium-based browser (e.g. Google Chrome or Edge) is preferable for using the hunter browser app, as these are also used as development and test platforms.

We cannot provide binding specifications a sufficient Internet connection, as these are determined by the local conditions of the Internet connection and the user's behavior. You shall be solely responsible for this.

We retain all rights to the software. The user documentation delivered with the software may not be copied. The software may be used for personal and business documents, but not provided to other companies for use for their business purposes.

8. hunter CV-Extractor

hunterCV-Extractor is a service for the automated extraction of information from CVs. As part of the use of the hunter Online Service, the user can also subscribe the use of the hunterCV-Extractor.

The user of the hunter Online Service transfers CVs here to the CV-Extractor service for analysis and data extraction. As a result, either an HRXML document with the CV data is saved on the customer's server or a data record is saved in the customer’s hunter online database. The hunter CV-Extractor service itself does not save the processed data.

The scope of the extraction and existing restrictions are explained below.

The following file formats are currently supported: HTML, Microsoft Word, RTF and PDF files from which the text can be extracted.

The following information can be extracted:

  • Personal: First name, surname, title, gender, date of birth, nationality, marital status
  • Address: Street 1, street 2, town/city, state, country, ZIP code
  • Contact data: E-mail, telephone (private), telephone (mobile), telephone (work), fax
  • Other: Position sought, target salary, willingness to relocate
  • Activities: Start/end, employer(s), location, position, description
  • Qualifications: Start/end, education, location, graduation, description

Languages supported are German and English

It is explicitly pointed out here that no extraction technology, including hunter CV-Extractor, can guarantee 100% extraction accuracy. hunter CV-Extractor can only extract information that is explicitly listed in the CV and not merely indirectly named. Under certain circumstances, even explicitly named information cannot be extracted or might be incorrectly interpreted. The user must therefore specifically check the quality of the extraction once again using the respective results.

The user is obliged to comply with all applicable legal data protection regula-tions with the execution of the functions of the CV-Extractor. With the processing of documents from professional web portals such as LinkedIn, Experteer etc., with the CV-Extractor the user is obliged to comply with and observe the respective legal data protection regulations and usage conditions of the provider.

9. Content and services of third-party providers

Optionally we can also offer add-on services of third-party providers via hunter Online Service features. Further license terms or usage agreements and charges may apply for these.

We are not responsible for the content and services of third-party providers, which you utilize directly or indirectly with the hunter Online Service. You are solely responsible for your business transactions with third parties connected with the hunter Online Service (including delivery and payment of goods and services).

10. Your data

10.1 You are and always remain the sole owner of all rights to your data.

10.2 Your data will only be used to provide you with the hunter Online Service. This includes the measures for preventing, detecting and removing issues that affect the operation of the hunter Online Service. We shall only disclose your data to a third party (including judicial authorities, other official authorities or litigant parties in a civil process) if you request us to do so or if we are le-gally obliged to do so. Should we be legally obliged to disclose your data to a third party, we shall make every financially justifiable effort to inform you in advance of such a disclosure, provided this is not forbidden by law.

10.3 We perform a data backup of your data. This happens daily, whereby the last five daily backups are retained. In addition, a monthly backup and a quarterly backup are made.

Optionally, on request, the daily backup data can be made available for download in *.dmp (raw format database dumpfile) or as CSV format (Comma-Separated-Value Format). There is a charge for setting up this optional backup service.

Please note that the data backup software may indicate a successful data backup, even though it is in fact only partially or not successful. In such cas-es, it is usually possible to use a previous backup. However, this will include an earlier data inventory.

Conclusive certainty of the success of a data backup is only obtained with the performance for test purposes of a complete or partial backup of the data. We cannot perform this without your cooperation. The work involved here generates increased expenses for us. We therefore recommend you perform such a backup with us on a regular basis and at least every three months. We are prepared to perform this backup together with you on a test server. Our activities in this respect are charged here according to our respective applicable price list.

10.4 You are obliged to check files and e-mails for viruses or other damaging components before filing in the hunter Online Service and to use state-of-the-art virus protection programs for this.

10.5 Our GT&Cs on data protection apply to data protection (including support) and can be found at: http://www.hunter-software.de/agb-datenschutz/ (German only).

11. Transition, data transfer after termination

With expiry or termination of the hunter Online Service you can contact us and inform us if, after termination of the subscription, we should,

  1. deactivate the account/accounts and subsequently delete the relevant data, or
  2. provide you with the data to download within 30 days. You then have another 30 days to download the data. After expiry of the retention period, we will deactivate the account/accounts and delete your data.

The following data are provided for you to download:

  • Company data, personal data, project data, activities and files with the corresponding relevant data.
  • Tables and column names will be shown clearly. Further documentation of the structure will not be provided.

Your customer data will be provided to you in the standardized CSV format (Comma Separated Value). Documents will be provided in their original format.

We have no right of retention over your data.

12. Your rights in case of defects

12.1 You must notify defects, faults or damages that may occur to us immediately.

12.2 The removal of defects is performed with a free-of-charge improvement or repair to the hunter Online Service. We must be granted an appropriate period of time to do so. With your approval, we can swap out the hunter Online Service or individual components of it to remove the defect.

12.3 A termination in acc. with § 543, Sec. 2, Sentence 1, no. 1, of the German Civil Code (BGB) due to refusal of the contractually agreed use shall only be permitted if we have been given sufficient opportunity to remove the defect and this has not been successful. A failed removal of defects can only be assumed when this is impossible, it has been refused by us or we have delayed it in an unreasonable way, if there is justifiable doubt with regard to the pos-sibility of success or there is unacceptability for you for other reasons.

12.4 Your rights because of defects shall be excluded where you make changes to the hunter Online Service without our approval or have such made, unless you can prove that the changes do not have any unacceptable effects on the analysis and removal of the defect for us. Your rights because of defects shall re-main unaffected where you are entitled to make changes, in particular within the scope of exercising the self-removal right in acc. with § 536a, Sec. 2, of the German Civil Code and this has been properly executed and comprehensi-bly documented.

13. Liability limitations

13.1 We accept liability within the scope of the legally applicable provisions unlimited in each case for damages

a) caused by injury to life, limb and health, which can be attributed to intentional or negligible violation or to intentional or negligible conduct by us or one of our legal representatives or vicarious agents;

b) because of the absence or discontinuation of a guaranteed feature;

c) which can be attributed to intentional or negligible violation or to inten-tional or negligible conduct by us or one of our legal representatives or vicarious agents.

13.2 We accept limited liability for the typical for the contract compensation for such damages that are foreseeable at the time the contract is concluded, which can be attributed to slightly negligent violation of essential contractual obligations by us or one of our legal representatives or vicarious agents. Essential contractual obligations are obligations, without whose fulfillment the contractual purpose cannot be achieved or its achievement is seriously endangered.

13.3 We shall be liable for other cases of slightly negligent conduct, limited to six times the monthly rent per damage event.

13.4 Our strict liability in acc. with § 536a, Sec. 1, of the German Civil Code due to faults which already existed at the time the contract is concluded, shall be excluded.

13.5 We shall be liable within the scope of the above provisions with data loss only for such damages that would also have occurred with proper, regular data backup by you, which was appropriate for the importance of the data.

13.6 The above provisions also apply analogously for our liability with regard to compensation for futile expenses.

13.7 Liability in acc. with the Product Liability Act shall remain unaffected.

13.8 We shall not be liable for the correct functioning of infrastructures or trans-mission paths on the Internet, which are not within our area of responsibility or that of our vicarious agents.

13.9 All claims for compensation shall expire by limitation after a period of one year after knowledge of the damage-causing event. This shall not apply with intentional conduct by our legal representatives, employees or vicarious agents.

14. Update of the usage agreement

We shall be entitled to update this usage agreement from time to time.

We shall inform you at least 30 days before the coming into effect of updates about this by e-mail and typographically highlight the changed passages here.

You may enter an objection within 30 days and extraordinarily terminate the contractual relationship with a period of one month to the end of the month. If you do not do so, the amended conditions shall be deemed to have been accepted by you and shall become part of the contract.

15. Payment

You shall be obliged to pay the monthly charge agreed in the offer for the provision of the hunter Online Service, plus the legally applicable VAT. Where not otherwise agreed, the payment shall be based on our price list applicable at the time the contract is concluded.

We reserve the right to change the charges at the beginning of a month. Changes shall be informed with a period of three months before coming into effect by e-mail or mail. The charges are essentially paid by invoice, which can be sent online. Monthly flat-rate charges are due and charged in advance. One-time charges, provision charges, variable charges and purchase prices for other products are billed with the provision of the service or immediately be-fore delivery.

With late payment we will bill a reminder charge for every reminder and for every unwarranted return debit note processing charges of € 25./p>

We shall be entitled to block your hunter Online Service with late payment of more than 60 days and to exercise a right of retention to the obligation to cooperate and the issuing of your data. The retention shall be made in an ap-propriate ratio to the open invoices.

Should we block your hunter Online Service due to late payment, we can make the unblocking dependent on the payment of a processing charge corre-sponding with the expense required to do this.

The fees charged for the hunter Online Service do not include telephone or In-ternet access charges, charges for text messages, wireless service or other data transmissions, provided not otherwise stipulated. You yourself are responsible for all of these additional costs.

16. Contract start, term and termination

The contractual relationship shall begin with the day of the sending of the user ID of the first activated account to you for the hunter Online Service.

The contractual relationship shall be concluded for 6 months and shall be extended for an indefinite period of time if not terminated in due time. This usage agreement may be terminated with three months' period of notice to the end of the month.

If, at the time of commissioning the hunter Online Service, there is a Premium Maintenance Contract (old customer/main contract) that has not been terminated, the terms and periods of notice from this main contract shall apply.

So-called short-term use licences with a time limit are exempt from these terms and periods of notice. This time limit must be specified when the licence is ordered.

The right of each party to terminate the contractual relationship without notice for an important reason shall remain unaffected. Every termination shall require the written form in a letter or e-mail to be effective.

Subscriptions, which have been concluded under the terms of this contract, can be terminated with the same period as this contract.

With the ending of this contract, all subscriptions concluded under this contract shall also end.

The regulations under section 11 on transition and data transfer after termination shall apply accordingly.

We can suspend free of charge services or additional services again at all times with a period of notice of one month. Notification by e-mail is sufficient for the suspension.

17. Other

17.1 We shall be entitled to provide you with information on the hunter Online Ser-vice in an electronic form. This can be by e-mail to the address that you gave with the registration for the hunter Online Service, or via a website to be named by us. A notification by e-mail is issued on the transmission date, regardless of the date on which the message was actually opened. You shall not be entitled to use the hunter Online Service if you have not stated that you agree to the receipt of these electronic notifications. This shall not apply where this contract stipulates another form, especially for terminations.

17.2 Should a provision of this contract be or become ineffective, the contract it-self shall remain effective. In this case, an ineffective provision shall be re-placed by an effective one that most closely approximates the financial pur-pose of the ineffective provision. This shall also apply for cases of lacuna.

17.3 No oral side agreements are made. Changes, extensions and additions to this usage agreement shall only be valid if they have been agreed in writing be-tween the parties. This shall also apply to any changing of this provision.

17.4 The laws of the Federal Republic of Germany shall apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

17.5 Exclusive place of jurisdiction for disputes pertaining to this usage agreement and its effectiveness shall be the location of our offices, provided some com-pulsory rule does not stipulate another place of jurisdiction.