§ 1 Services
1.1. These Mega-Apply Terms (these “Terms”) apply to the features and functions provided by Jobufo GmbH (“Jobufo,” “Mega-Apply,” “our,” or “we”) via mega-apply.com (the “Site”) (collectively, the “Services”). By accessing or using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are not allowed to use the Site or the Services. The “Effective Date” of these Terms is the date you first use the Site, or access any of the Services.
1.2. If you are using the Site or accessing the Services in your capacity as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to these Terms. For the purpose of these Terms, you (and, if applicable, the company or entity that you represent) will be referred to as “Customer,” “Partner” or “you”.
1.3. Jobufo reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the top of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes your acceptance of the modified Terms.
1.4. Jobufo reserves the right – at any time, and without notice or liability to you – to modify the Site or the Services, or any part of them, temporarily or permanently. We may modify the Services for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements.
1.5. These Terms form a binding agreement between you and Jobufo. Violation of any of the Terms below will result in the termination of your account(s).
§ 2 Preliminary Remark
2.1. The Partner is active in the field of employment supply and operates a job board platform that enables its customers to conduct an online-based personnel search or is operating as a company which is using our site and service to improve their hr processes for themself.
2.2. With its technology ("Jobufo Technology"), Jobufo offers the possibility to automatically transfer applications into applicant tracking systems (“ATS”).
2.3. The Partner wishes to use the Jobufo Technology to send job applications to its customers or the Partner's ATS.
2.4. The Parties agree that within the scope of this cooperation, the Partner's job applications of potential candidates received by and available at the Partner shall be transferred to the ATS of the Partner’s customers or the Partner's ATS by means of the Jobufo Technology.
§ 3 Subject of the cooperation
3.1. Subject of this Cooperation Agreement (“the Agreement”) is the transfer of job applications by means of the Jobufo Technology into the ATS of the Partner's customers or the Partner's ATS against payment.
3.2. The Partner shall ensure that Jobufo can transfer the generated job applications to the ATS of the Partner's customers or the Partner's ATS. For this purpose, the Partner grants Jobufo the right to use the ATS of its customers or the Company's ATS to transfer the job applications. The Partner warrants that it is entitled to the aforementioned granting of rights to the ATS of its customers or the Partner's ATS. For the transfer of the job applications, the Partner further provides Jobufo with access to its data via an API or a static feed if needed.
§ 4 Contractual obligations
4.1. The Partner shall provide information so that Jobufo can transmit the job applications for the respective customer or the Partner and all other relevant data (e.g. associated JoblD of the application) via an interface (API or static feed). The Partner shall always provide Jobufo with all important data in the most up-to-date form. The Partner shall undertake to only use job applications of which the Partner is the owner or for which the Partner has the necessary rights of use and exploitation.
4.2. The Partner shall undertake to update the availability data at least once a day. Furthermore, the Partner guarantees that the job application is current and valid at the time of submission.
4.3. Changes to the static feed or API must be communicated to Jobufo at least 21 days before they come into force, so that Jobufo can implement all necessary changes in a timely manner.
4.4. Both Parties shall endeavor to maintain the availability of their systems 24 hours a day. Jobufo shall not be liable for downtimes due to maintenance work, updates or system-related failures of third-party providers.
4.5. The Partner does not claim exclusivity for the connection to the Jobufo Technology. This means Jobufo can deliver job applications from other partners in addition to the Partner's job applications, and that the Partner can work with different providers other than Jobufo to deliver job applications.
4.6. Insofar as any intellectual property rights exist, the Partner hereby grants Jobufo the restricted right to use and process the job applications documents and data collections made available to Jobufo to the extent necessary for the fulfillment of this Agreement and also warrants that it is entitled to grant such rights. Jobufo may also use the Partner's logo for advertising purposes.
4.7. The Partner hereby accepts and respects the copyrights and industrial property rights of Jobufo and third parties that Jobufo employs or commissions. The Parties agree that this Agreement does not grant the Partner a license or sublicense to these rights. Therefore, the Partner is not permitted to sell, license, encumber, or give third parties any right to use or modify such rights under any circumstances.
§ 5 Remuneration
5.1. The Partner shall pay the price (of the selected price package) for each job application which is sent to the Mega-Apply API (Jobufo Technology). All prices are in EUR plus statutory value added tax if needed or USD. Any customs duties, fees, taxes and other public charges shall be borne by the Partner.
5.2. Jobufo shall issue an invoice at the end of the respective month of the service provision.
5.3. The outstanding amount shall be credited to the following Jobufo account within twenty-one (21) days from invoicing if no other payment method is selected:
Jobufo GmbH
Bank: Olinda Zweigniederlassung Deutschland, Potsdamer Platz 1, 10785 Berlin
IBAN: DE91100101234324535841
BIC/SWIFT: QNTODEB2XXX
5.4. Upon expiry of the payment period, the Partner shall be in default of payment. During the period of default, the remuneration shall bear interest at a rate of nine (9) percentage points above the base rate of the European Central Bank.
§ 6 Other payment agreements
Fees for the installation of a single interface and its maintenance shall also be agreed between the Parties in a separate offer.
§ 7 Contractual period, termination
This Agreement is concluded for an indefinite period starting from the date of signing. One billing period is always one (1) month. This Agreement can be terminated by either Party with a notice period of two (2) weeks to the end of each month. This shall not affect the right of each Party to terminate this Agreement for good cause.
§ 8 Liability
8.1. The Parties shall entirely be held liable to one another in the event of intent and gross negligence.
8.2. Any and all liability resulting from slight negligence is excluded except in (a) cases of damages resulting from injury to life, body or health and (b) in case of a breach of the confidentiality obligation according to Sec. 8.2 to Sec. 8.4 and/or data protection obligations according to Sec. 9; and (c) in case of breach of such contractual obligations, the fulfillment of which is essential for the proper execution of the Agreement and the compliance with which the Partner may regularly rely on (“essential contractual obligations/ cardinal obligations”).
8.3. The aforementioned limitations of liability shall also apply in favor of the respective legal representatives and performing and vicarious agents (“Erfüllungs- und Verrichtungsgehilfe”) of the concerned Party.
8.4. The Partner guarantees that (a) the signatory has the necessary power of representation and (b) the execution of the Agreement does not contradict other contractual agreements of the Partner.
§ 9 Granting of rights, Confidentiality
9.1. Subject to the condition precedent of full fulfillment of all payment obligations, Jobufo grants the Partner a simple, non-exclusive, revocable, non-transferable and non-sublicensable right to use the Jobufo Technology to the extent necessary to achieve the contractual purpose, limited in time by the term of this Agreement. Any acts of use that are not required to achieve the purpose of the Agreement are explicitly prohibited. In particular, the Partner is not entitled to duplicate, modify, edit or produce the Jobufo Technology in a slightly modified form or to use it in any other way outside of the contractual purpose.
9.2. The Parties shall treat all confidential information, including trade and business secrets, which they learn about the other Party in connection with this Agreement and its execution as strictly confidential and shall not disclose it to third parties. “Confidential information” in this context is information that is marked as confidential or whose confidentiality is evident from the circumstances, regardless of whether it has been communicated in written, electronic, embodied or oral form. This includes, in particular, information obtained by the Partner in the course of exercising its rights to use the Jobufo Technology pursuant to Sec. 9.1. The term Confidential Information does not include such information (a) which was, is or has become lawfully available to the public otherwise than through breach of this Agreement; (b) which was demonstrably previously known to and at the free disposal of the other Party (c) which has been made available to the other Party without any breach of law by third parties or (d) which the other Party has developed itself without using confidential information. The parties shall impose this confidentiality obligation on all employees, staff and third parties (e.g. suppliers, subcontractors) who are to be granted access to the other Party's confidential information for the purpose of implementing this Agreement.
9.3. The Parties are in particular prohibited from obtaining confidential information by way of reverse engineering. "Reverse engineering" in this context shall mean all actions, including observing, testing, examining and disassembling and, if necessary, reassembling, with the aim of obtaining confidential information.
9.4. The confidentiality obligations of the Parties set forth in this Sec. 9 shall apply indefinitely beyond the term of this Agreement. After termination of the contractual relationship, the Parties shall return all confidential documents to the other party and delete all data received in connection with the performance of this Agreement.
§ 10 Data Protection
10.1. The Parties shall ensure that they comply with all relevant provisions of data protection law, in particular ,the European General Data Protection Regulation (“GDPR”), the German Federal Data Protection Act (BDSG), and other data protection regulations, within the scope of the aforementioned cooperation.
10.2. Jobufo will use personal data exclusively within the scope of the existing cooperation. Jobufo assures that the personal data and information will not be used for any other purpose, in particular not for the purposes of its own business operations or for the purposes of third parties. The Partner alone remains the Controller within the meaning of Art. 4 (7) GDPR. Jobufo processes personal data as a processor within the meaning of Art. 4 (8) GDPR.
10.3. Jobufo has informed its employees in detail about the relevant statutory and contractually agreed data protection regulations and has obligated them to observe data secrecy.
10.4. Jobufo shall comply with the Partner's instructions, i.e. written instructions which are directed towards specific data protection handling (e.g. use, anonymization, blocking, deletion, surrender) of the data addressed. If it is of the opinion that an instruction of the Partner is unlawful, it shall be obliged to notify the Partner thereof without undue delay.
10.5. If, upon termination of this Agreement or , no instruction is issued by the Partner regarding the return or deletion of the data, Jobufo shall set a deadline of one week for the Partner to issue instructions. If no instruction is issued despite the setting of the deadline, Jobufo shall return the data to the Partner. If it is not possible to return the data, Jobufo will delete the data after the fruitless expiration of a further period of one week, unless this conflicts with statutory retention periods.
10.6. Jobufo shall inform the Partner immediately in the event of complaints, objections by the responsible supervisory authorities, or other threats and violations and shall take appropriate measures in coordination with the Partner. In all other respects, the provisions of the Data Processing Agreement (Annex 1) shall apply.
10.7. Both Parties oblige themselves to keep their websites and data free of illegal content and to observe the relevant laws and regulations.
§ 11 Miscellaneous
11.1. This Agreement contains all agreements made between the Parties. All amendments and supplements must be made in writing. This also applies to the waiver of the written form requirement. In all other respects, the Jobufo Terms of Use available at jobufo.com/en/legal/ shall apply.
11.2. To ensure 100% GDPR compliance, by signing this cooperation agreement you accept the order data processing agreement at jobufo.com/dpa_eng, too.
11.3. This Agreement is construed in accordance with and governed by German law, with the exception of its provisions on the applicable law which would lead to the application of another law. The application of the UN Convention on Contracts for the International Sale of Goods (“CISG”) is excluded. The place of performance and jurisdiction for all disputes arising from and in connection with this Agreement is Berlin, Germany.
11.4. Should any provision of this Agreement be or become invalid in part or in their entirety, the validity of the remaining provisions shall not be affected. The Parties shall rather undertake to replace the invalid provision with a valid provision that comes closest to it in terms of the economic result and best corresponds to the purpose of the Agreement.
