Terms & Conditions

§ 1 Subject matter of the contract

1.1

juucy (hereinafter referred to as "Provider") and the signing contractual partner ("Customer") agree to fulfill the services mutually promised to each other in the concluded contract on the basis of these Terms and Conditions as well as an individual Cooperation Agreement. Our terms and conditions and the Cooperation Agreement apply exclusively. We do not recognize any terms and conditions of the Customer that conflict with or deviate from our contractual terms and conditions, unless we have expressly agreed to their validity in writing.

1.2

Our terms and conditions of contract shall also apply to all future transactions with the customer in the version valid at the time of the last conclusion of the contract. However, they shall only apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).

§ 2 Commencement and term of the usage relationship

2.1

The contractual relationship between the Provider and the Customer enters into force upon signing this Agreement or becomes effective upon signing up on the website www.recruit.juucy.io by the Provider and has a term of unlimited duration. If the contractual relationship is not terminated by one party in text form (e-mail), the contract is valid indefinitely. Premature termination by the customer or by the provider is excluded, unless otherwise stated below.

2.2

Agreed service elements can only be called up within the agreed contract term. Upon expiration of the contract term, the customer's right to call up service claims not yet asserted before expiration of the contract term shall expire.

§ 3 Description of services

3.1

The contract obligates the Provider to provide the services listed at www.juucy.io as well in the Cooperation Agreement.

3.2

The contract entitles the Provider to use the customer data for trend analyses and overviews. However, the respective results shall be published anonymously.

3.3

Exclusion of competition is not granted.

§ 4 Remuneration

4.1

The remuneration for the services to be provided by the Provider shall be determined in accordance with the fees stated in the Cooperation Agreement between the provider and the customer or in accordance with an offer stated in the context of an appointment between the provider and the customer. The relevant price list is the one that was stated in the agreement or stated in the offer at the time the contract offer submitted to the Provider's customer was made. The corresponding invoice is to be paid immediately after signing the Cooperation Agreement (if a setup fee was offered), the beginning of the employment relationship of the hired candidate (if a service or hiring fee was offered) or before the customer gets access to www.recruit.juucy.io (if a subscription fee was offered) by bank transfer or SEPA direct debit mandate.
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Money Back Guarantee: The Money Back Guarantee ("Guarantee") applies to annual subscription plans (subscirption fee) for access to www.recruit.juucy.io if agreed on by the Provider and the Customer. To be eligible for the Guarantee, subscribers (Customers) must maintain a valid and active annual subscription, and they must actively engage with the Platform for recruitment purposes. Active engagement includes posting regular job listings, regularly reaching out to candidates through the Platform, or any other reasonable activity demonstrating the subscriber's intent to use the Platform for recruitment, as determined by the Provider. The Guarantee covers a 12-month period from the initial subscription purchase. If, during this period, a subscriber has met the engagement criteria and has not successfully hired a candidate through the Platform, the Provider will refund the agreed on amount of the subscription fee paid. The Guarantee does not apply if the subscriber has not met the engagement criteria, has not hired a candidate due to factors beyond the Provider's control, or has engaged in fraudulent, malicious, or inappropriate use of the Platform, as determined by the Provider. Refund requests must be made within 30 days following the conclusion of the Guarantee period, and the Provider retains the right to make the final determination of refund eligibility.

4.2

The provider reserves the right to change its rates and billing methods at any time after these T&C have been updated and the customers duly informed by email.

4.3

If a Candidate identified through the use of juucy (introduced by the Provider) enters into an employment contract, internship agreement, service agreement, subcontracting agreement, or any other type of agreement within twelve (12) months of his/her last exchange with the customer on the Provider's website, the customer shall be responsible for the costs of the Provider's service. If a Candidate, identified through the use of juucy, is introduced to another person/company, whether or not affiliated with the Customer, and a contract is concluded between this third party and the Candidate. The Service Fee is then payable on the basis of the Contract concluded between the Candidate and said person/company.

4.4

The Customer agrees to inform juucy, immediately and without delay, of the date of signature of the contract, and to notify juucy of any subsequent modification (renewal, termination, new contract, etc.). In the event of not informing juucy about the signature of the contract within 10 working days and having opted for the service fee pricing model, the Customer will pay juucy a lump sum of fifty thousand euros (€50,000) excluding tax as a penalty, notwithstanding any other action that juucy may take against the Customer, and any damages and other indemnities due in accordance with the Terms and Conditions.

§ 5 Fundamentals of cooperation

5.1

The Customer's rights under the contract are non-transferable and non-assignable. An assumption of the contract by a third party requires the consent of the Provider.

5.2

Insofar as the Provider has received the Customer's e-mail address in connection with the Customer's order, the Provider shall be entitled to send the Customer information, questionnaires and other commercial communication concerning the ordered and similar services of the Provider by e-mail even after the expiration of the contract. The customer can object to this at any time informally and free of charge by email to the provider with effect for the future.

5.3

The Provider assumes no responsibility for delivered data material, advertisement texts or related storage media and is in particular not obligated to store them or return them to the Customer.

5.4

The Partner shall inform the Customer immediately if a job is no longer available.

5.5

For the duration of the contractual relationship, the Customer shall grant the Provider the right to use the Customer's name and logo to name the Customer as a reference customer (e.g. on the Customer's website and in the Customer's print and/or online advertising materials).

5.6

Customers, in the event that they enter into an employment agreement, service agreement, subcontracting agreement, or any other type of agreement that is intended to govern the performance of a task for compensation, for an indefinite or fixed period of time with a candidate identified through juucy agree to the following: 1) inform juucy immediately and without delay of the date of signing of the agreement (and inform juucy of any change), 2) provide juucy with a copy of the contract or proof of employment (letter, email) in which or provide a confirmation between the candidate and the company in which, the main terms of the contract concluded (compensation / fees, duration, etc.. ) are specified.

5.7

If a Customer can prove that it has started an Active Process (as defined below and excluding any other definition or circumstance) with the Candidate, the Customer will be exempt from paying the Provider's costs if having opted for the service fee pricing model.
An active process shall be deemed to commence upon the Customer's and respective recruiter's explicit confirmation of the veracity of the following circumstances:
1) The Customer's prior knowledge of, or explicit request for information regarding, the Candidate within a three-month period preceding the date on which the recruiter received authorization from the Candidate to disclose their information via juucy, thereby enabling the Customer to acquaint themselves with the profile of said Candidate through juucy;
2) The Candidate's affirmative response to the Customer's inquiry (or the Customer's affirmative response to the Candidate's application); and
3) The ongoing negotiation between the Candidate and the Company at the time the Customer accessed the pertinent Candidate's profile through juucy.
In the event that any of these conditions (1, 2, or 3) are absent or have not transpired within the three months preceding the date on which the Customer became aware of the relevant Candidate's profile through juucy, the expenses shall be payable as stipulated in these Terms and Conditions. The Customer hereby acknowledges that in any other instance where a Candidate is engaged through juucy, the expenses shall be payable to juucy.

5.8

If the Candidate and Customer have entered into an employment agreement but cease to be contractually bound to each other within three (3) or six (6) months of the Candidate's date of hire, whether or not it was the termination of a probationary period, the customer shall promptly notify the provider.
In this case, customer having opted for the service fee pricing model have the possibility of a discount on the future hiring of another candidate. This is valid for 12 months from the last day the terminated candidate worked. The amount of the discount, is equal to 100% for three (3) months and 50% for six (6) months of the amount paid for hiring the eliminated candidate. If no recruitment takes place within these 12 months, the discount will be lost and will not lead to a refund to the Customer under any circumstances.

§ 6 Warranty, defects

6.1

The Provider warrants that the services ordered by the Customer, to be provided by the Customer and to be published on the Internet will be implemented in accordance with the usual technical standards.

Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality nor in the case of only insignificant impairment of usability. Defects must be reported and notified in writing by the customer without delay, at the latest 48 hours after the service elements have been placed on the Internet. The provider is liable for defects initially through supplementary performance in the sense of a lengthening of the service. Only if this fails, the customer can demand reduction or assert a right of withdrawal. At the request of the provider, the customer is obliged to declare within a reasonable period of time whether he continues to insist on the delivery due to the delay and / or which of the claims and rights he is entitled to.

§ 7 Liability

7.1

The Provider shall be liable for damages, irrespective of the legal grounds - in case of intent and gross negligence as well as for damages resulting from injury to life, body or health, insofar as the Provider has fraudulently concealed a defect or warranted its absence as well as in case of claims under the Product Liability Act. In other respects, the Provider shall only be liable in the case of simple negligence for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, liability shall be limited to compensation for the foreseeable, typically occurring damage.

7.2

Due to a breach of duty that does not consist of a defect, the customer may only withdraw or terminate the contract if the provider is responsible for the breach of duty.

7.3

If claims ("Property Right Claim") are asserted against Customer by third parties due to the infringement of patents, copyrights, trademarks, business designations or trade secrets by a service of Provider ("Property Right Infringement"), Provider shall indemnify Customer against all costs (including reasonable legal defense costs) and claims incurred by Customer as a result of final judgments of competent courts or written settlements concluded by Provider, provided that (i) the cause for the Property Right Infringement was not set by Customer, for example in the case of the publication of Inadmissible Content pursuant to sec. 7.6, (ii) Customer notifies Provider in writing within no more than twenty (20) business days after the initial claim is made, (iii) Provider retains sole control of the defense of the IPR Claim, and (ivii) Customer provides reasonable assistance and all information to enable Provider to perform obligations hereunder. The foregoing obligation shall not apply to any action or statement not previously agreed to in writing by Provider and shall not apply to the extent Customer continues infringing activities after being notified of changes that would have prevented infringement. If an infringement of an Intellectual Property Right is determined by a court of competent jurisdiction or is deemed possible by the Provider, the Provider may, at its own discretion and expense, either (i) replace or modify the Services in such a way that there is no longer an infringement of the Intellectual Property Right, or (ii) procure for the Customer a right to use the Intellectual Property Right, or (iii) if measures under (i) or (ii) are not possible or not reasonable, terminate this Agreement extraordinarily with immediate effect.

§ 8 Secrecy

8.1

The Provider undertakes to keep secret all information marked as "confidential" which the Provider receives from the Customer under this Agreement. This obligation shall be fulfilled by the Provider even after the expiry of the term of the contract.

8.2

Upon acceptance of the offer, it is simultaneously agreed that both parties shall comply with all applicable data protection laws.

8.3

The Customer is hereby informed in accordance with the Data Protection Act that the Provider will store its data in machine-readable form and process it mechanically for contractual purposes.

8.4

It is incumbent upon the Customer to exercise the greatest possible care in the use of IDs, passwords, user names or other security devices provided in connection with the Services and to take every measure to ensure confidential, secure handling of the data and to prevent their disclosure to third parties. The Customer shall not disclose the access data (user names and passwords) to third parties.

§ 9 Final provisions

9.1

The law of the Federal Republic of Germany shall apply to the contract and its interpretation. If the customer is a merchant as defined by. § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, the Provider or the Customer may bring an action before any court having jurisdiction based on statutory provisions.

9.2

If individual provisions of this contract are or become invalid, this shall not affect the validity of the remaining provisions. In this case, the contractual partners shall replace the invalid provision with another provision that comes closest to the economic purpose of the omitted provision in a permissible manner.