Terms and Conditions

www.financejobs.lu is a job board operated by JobsEurope Sàrl-S (hereinafter called « financejobs.lu »).

Definitions

Terms and Conditions These General Terms and Conditions (i.e the present text in its entirety) published on www.financejobs.lu. Site/website The web pages published by the Company under the name financejobs via the following domain name: www.financejobs.lu

Company
JobsEurope Sàrl-s the company operating the website (hereinafter also referred to as « financejobs », “firm”, “we”, “us” or ”our”).

User
any individual person accessing this website being it free of charge or paying to access the site and receiving the services, whether on his own behalf or on behalf of a company, organization or institution.

Registered user
any individual person registering on the website on his own behalf or on behalf of a company or institution in order to use the services that are only accessible to Registered users.

Recruiter (Employers/Customers)
any individual person registering on the website on his own behalf or on behalf of a company, organisation or institution in the manner described in clause 3.1 in order to use the services that are only accessible to Recruiters.

Candidates
any individual person registering on the website on his own behalf in order to apply for a job or in order to upload or modify his resume.

1. Area of application
The following conditions of use shall apply exclusively and bindingly for companies (hereinafter referred to as « customers” or “customer ») who undersign a contract with financejobs. Any other conditions or counter-declarations of the customer shall apply only if, and to the extent, that financejobs has explicitly agreed to these conditions in writing. No reaction on the part of financejobs with respect to other conditions or counter-declarations does not show in any way that we approve those conditions.

Financejobs and the undersigned contracting party (« customers” or “customer ») agree to perform the mutually promised services in the contract on the basis of these Terms and Conditions and our price list (as published by financejobs on https://www.financejobs.lu, hereinafter referred to as the “price list”). Our Terms and Conditions Terms and Conditions also apply to all future transactions with the customer in the version valid at the time of the last contract conclusion. The Terms and Conditions apply to business customers and not to private consumers.

2. Conclusion of agreement
The contractual right to use the services provided by financejobs comes into existence between financejobs and the customer once financejobs receives the signed contract (containing the date and signature of the customer). The contract also counts as concluded when financejobs.lu confirms the order via email, fax or in writing. In case financejobs.lu publishes the vacancy on the platform or publishes the banner or any other contractually agreed ad, the contract also counts as concluded. Faxes are also considered to be a written form, as long as they contain the date and the signature of the customer. The contract is concluded when the customer has fully completed the ordering process at www.financejobs.lu or when financejobs has accepted the contract offer from a customer with date, company stamp and signature in its original form, as a fax or copy, as a pdf or in another electronic form.

Contract offers and offer acceptances altered by the customer shall be considered as new offers made by the customer and require the acceptance by financejobs. This acceptance can either be granted explicitly or implicitly by rendering the services.

The use of the website is free of charge to private users. However, the user has no legal claim to the use of the website services. The company reserves the right at any time to alter or even close down the website, including the offered services.

3. Remuneration of services
The remuneration of the services to be provided by financejobs shall be determined according to the price list or with the customer individually in writing (letter, fax or email). Decisive is the price list which was published at the time of the preparation of the contract offer submitted by financejobs to the customer under www.financejobs.lu. Prices for services that are not included in the price list are subject to individual agreement between financejobs and the customer.

4. Costs and payment arrangements
Unless otherwise agreed, job advertisements will run for the period as foreseen for each product in the price list. Banners will run for a period of 14 days unless otherwise agreed between financejobs and the customer.
If they do not exceed the usual extent, ancillary costs, such as emails, telephone calls, fax, data transmission costs, postage and photocopying are included in the prices as mentioned in the price list. Insofar as the incidental costs exceed the usual scope due to individual orders or due to the customer delivering incorrect data, financejobs indicates this to the customer in advance. The customer is obliged to reimburse these additional costs if he has approved them upfront.

Billing takes place after the first provision of one of the service elements, but no later than 14 days after the conclusion of the contract. The payment claim is due 30 days after receipt of the invoice without deduction. In the event of late payment or deferral, interest of 5% above the EURIBOR base rate and collection costs will be charged on all outstanding amounts. In addition, financejobs is entitled to charge reminder costs of 15, – € for each deferral. In case of late payment financejobs is entitled to postpone or cease the delivery of the agreed services until full payment. This does not apply if the customer has a right of retention. If an installment is not paid within 30 days following its due date, the entire balance will be due immediately.

All prices are exclusive of VAT at the time of invoicing.

5. Basis of cooperation

5.1
The rights of the customer under the contract are non-transferable and not assignable. A contract transfer to third parties requires the approval of financejobs.

5.2
Insofar as financejobs has received e-mail addresses in connection with customer orders or candidate applications, or has shared information with customers via Email on their request, financejobs is allowed to provide the customer with information and further commercial communication (like surveys or special services) relating to the ordered services and similar services of financejobs by e-mail even after expiry of the contract. The customer can contradict to those emails at any time informally and free of charge by email to financejobs with effect for the future. financejobs will inform about the right of objection in every e-mail.

5.3
financejobs is not accepting the responsibility for any data supplied, advertising texts or other storage media or graphics in question and in particular is not obligated to store them or to return them to the customer at any time.
The customer secures that information posted to the website or provided to financejobs is free of third party rights. The customer will compensate financejobs and hold financejobs harmless against any loss or damage resulting from the disregard of this provision. The customer ensures that the published information does not contradict applicable law.
The customer agrees that financejobs is allowed to use the customer’s job descriptions including the customer’s company logo to fulfil its duties & services under the contract, unless otherwise agreed between financejobs and the customer. In addition to the presentation on the website, this usage may also entail presentations of job descriptions and/or customer logos on social media platforms (such as LinkedIn, Xing, Facebook and others) to the extent such a presentation supports the fulfilment of the contractually agreed services. The customer has the right to withdraw this right at any time by notifying financejobs in writing at info@financejobs.lu.
The website is constantly monitored by financejobs. However we are not liable for material provided by third parties, customers or users. The user acknowledges and agrees that he is solely responsible for the form, content and accuracy of the Curriculum Vitae (CV) and / or the information it inserts in the CV database of financejobs.
Employers are only responsible for the content they provided, also in case of job advertisements which they have inserted in the job database.
Candidates are only responsible for the content they provided, also in case of CVs which they have inserted in the database.
Financejobs is not liable for the content of other websites linked to via our website. Links are provided only as internet navigation tools. Financejobs does not guarantee that a CV and / or job profile will be viewed by a specific number of recruiters, companies or associations. Customers shall ensure that all data provided to financejobs is suitable to reach the objectives as set out in the contract.

5.4
The following applies to published content:

a. Do not include incomplete, false or inaccurate CV details and any CV other than your own applicable CV (person seeking full-time or part-time employment for yourself). Do not submit any information other than CV information – such as opinions or advice, communications of any kind of commercial or links to promote your business. Headhunters, recruitment agencies, outplacement agencies, temporary employment agencies, (business) Advisers and other third parties (including third parties charging fees or third parties restricting full access to any information in the CV) and all employees belonging to those companies are prohibited from using the CV database. Nonetheless they are allowed to publish vacancies and place banners.

b. A user is not allowed to use his account other than to apply for the jobs published on financejobs.lu.
It is prohibited to use any communication channel on financejobs.lu for our competitors to lure financejobs’ employees

c. Do not post franchise, pyramid scheme, club membership, distributor, and / or sales representative models and / or other business models to the CV database. All jobs that require an upfront payment or models that require payments on a regular basis or jobs that only pay commissions (no significant salary) or that require the recruitment of other members, subdistributors and / or sub-agents are prohibited.

d. It is prohibited to delete and, or change any kind of material posted by other persons, customers or companies.

e. The expression, copying and / or use of any information that enables the personal identification of employees or the identification of business information through employers is not permitted. Unsolicited e-mails, telephone calls, mailings and other contact with users or companies are prohibited if not explicitly allowed by contractual mode.

f. Customers shall not publish i) free-lance jobs ii) jobs that require any kind of investment to be made by the candidates iii) jobs that require candidates to enter into a self-employment status without explicitly stating the fact that the job entails one or more of the abovementioned characteristics. Customers shall ensure that job advertisements are specifically describing its characteristics and that are referring to an actual open position. It is forbidden to include any statements in the job advertisements that i) contradict applicable laws and regulations and/or ii) are not associated with the open position.

5.5
Users are not allowed to violate and to attempt breach of the security of financejobs. This includes, but is not limited to: (a) unauthorized access to data intended for other users and to other servers and accounts; (b) unauthorized attempts to explore, scan and / or test the susceptibility of financejobs’ systems or networks and / or violate the security and / or authentication measures; (c) attempts to impede any user, host or network with financejobs’ service, including but not limited to overloading, flooding, mail bombing or crashing; (d) sending unsolicited messages such as advertising and / or promoting products and services; (e) the forgery of TCP / IP packet headers or some of the header information in e-mails or newsgroup postings. Intended as well as actual violations of system and / or network security can lead to civil or criminal liability. financejobs investigates and collaborates with prosecution incidents to prosecute those who commit such violations.

Financejobs may monitor the information that users and employers are uploading to the website. Users and or employers for whom financejobs determines that they have violated any element of these Terms and Conditions, legal provisions or regulations, any rights of third parties or good morals, the respective users or employers may be warned in writing and are, at our discretion, temporarily suspended from all services until the user’s or company’s written obligation to refrain from any future violations. However, the following applies: If financejobs deems it necessary, financejobs can immediately suspend the service of the respective user or company without a corresponding warning letter and terminate this service. If we notice a second, repeated violation of elements of these Terms and Conditions, legal provisions or regulations, any rights of third parties or good morals, users or companies will immediately be blocked for the services or the services will be terminated immediately without further notice. Financejobs is obliged to delete content whenever coming across content breaching applicable law and/ or at the request of the user/ the employer.

5.6
The editorial content, logos, videos and graphics of this website are protected by international copyright. You may not copy without the express permission of financejobs, which reserves all rights. The online reuse of the editorial content and graphics of financejobs for any purpose is strictly prohibited unless financejobs gives it’s written permission to do so. This provision does not apply to information that has not been transformed by financejobs after being provided by a third party or a contractual party that itself is subject to intellectual property rights.

Property rights, rights of use or licenses will never be transferred from financejobs to the customer by entering into a mutually agreed contract. Without limitations, financejobs’ rights (amongst others logos, titles, trademarks, copyrights and other rights) stay financejobs’ (intellectual) property.

The trademarks and service marks owned by financejobs include www.financejobs.com and the respective logos of all pages. All other trademarks and trade names are the property of their respective owners. The visual appearance and the impression of the websites of financejobs are also trademarks of financejobs. This includes the color combinations, the shape of the buttons, the layout and all other graphic elements. financejobs is allowed to change the presentation, the design and the functionalities of its website.

The authorization to use the content of financejobs is granted on a case-by-case basis, please send your inquiries to: info (at) financejobs.lu.
Copying and / or adapting the HTML pages created by financejobs for the purpose of creating web pages is prohibited. This is also under the copyright of financejobs.

financejobs gets the sole right to maintain the job advertisement database once the customer has purchased an online job listing.

By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

5.7
The customer is responsible for ensuring that he can receive emails from financejobs and that he classifies the server of financejobs as trustworthy.

6. Warranty, Malperformance financejobs does not warrant or guarantee that the functions and services on the website will not be interrupted, that they will always be available in good time, that they will be secure and error-free, that defects will be corrected and / or that this website and / or the server that made them available is free of viruses and other harmful components.

financejobs does not guarantee the accuracy of the material or the results of using the material on the website. financejobs does not guarantee the correctness & reliability of the material on ist website and does not otherwise warrant the quality of the content provided on its website.

If immaterial deviations from the agreed service quality or immaterial impairment of the usability arise, this should not entitle the customer or user to any warranty claims. Malfunction shall be reported by the customer at the latest 5 days following the job post on the internet. In case financejobs is accountable for a malfunction of its service, it should in the first instance resolve the defect and deliver its services for a longer period. Only in case this first corrective action fails financejobs will accept to enter into price reduction discussions or may withdraw from an agreement concerning the affected services. In case of malperformance the customer shall communicate to financejobs if he opts to continue the delivery of the service or if and what other rights he claims due to malperformance. If the customer decides to terminate a contractual agreement this termination is not affecting services that have already been rendered under the agreement.

financejobs warrants to provide the services as ordered by the customer and in line with common technical standards.

Claims of any kind are barred after a period of one year following the date on which the customer has been aware or should have been aware of the deficiency.

7. financejobs’ liabilities
financejobs shall only be made responsible for losses & damages which are due to the breach of contractual obligations that are essential for the execution of an agreement entered into with the customer; financejobs’ liability is always limited to common losses & damages that are predictable under the respective agreement.
In case of i) gross negligence ii) fraudulently hidden malfunctions iii) claims under the product liability law iv) fraudulently guaranteed non-appearance of malfunctions v) intended damages & losses, financejobs shall be liable for losses & damages.

If financejobs does not fulfil its obligations under an agreement due to another reason than a defect, the contractual party may only rescind the agreement if financejobs is responsible.

8. Confidentiality
All contractual parties, customers and users (the “Parties”) acknowledge and agree that they treat all information and data which they receive from the other Parties relating to their activities on the website as confidential. None of the Parties shall provide information to third parties even after the termination or the end of the contract.

The Parties consent to comply with the applicable privacy and data protection laws by entering into a contract.

financejobs stores data in a machine readable format and uses it to fulfil the contractually agreed services while complying with applicable data protection laws.

Personal and confidential data such as amongst others passwords and usernames necessary for the use of financejobs’ services shall be treated with due care by the users and customers of financejobs. It is the users’ and customers’ responsibility to ensure the confidentiality and security of this data. Additionally it is the users’ and customers’ responsibility not to disclose this data to unauthorized persons. The customers and users are also responsible for the usage of their passwords or usernames by third parties. This provision applies unless the customer or user is able to proof that the access to its password or username by a third parties has not been influenced and/ or facilitated by himself. If it comes to the attention of users or customers that their password or username may be used/ may have been used by an unauthorized party or in an unauthorized manner, this is to be immediately reported to financejobs. If a customer or user may breach any material obligation/ responsibility of this section, financejob is entitled to discontinue its services under the agreement without notifying the respective party. In case of service interruption due to an aforementioned breach, payment obligations for the services already provided by financejobs remain in force.

9. Term
The agreements entered by financejobs are effective beginning with the date on which financejobs receives a countersigned version of the agreement. The term is to be specified in the agreement and unless otherwise agreed shall begin with starting the delivery of the agreed services. The agreement ends with the termination date mentioned in the agreement. No further notice is necessary to terminate a fixed term agreement as it terminates automatically unless additional arrangements have been agreed.
Agreed services can only be used within the agreed contract period. Upon expiry of the contract period, the customer’s and companies right to call for service claims that have not yet been asserted before the expiry of the contract expires.

10. Court orders/ cease and desist orders
In case a customer i) initialized an undertaking to cease and desist from certain content on the website ii) receives a cease and desist order related to information placed on the website iii) any kind of court decision relevant to financejobs has been served, the customer shall directly give notice to financejobs in writing about this incident. financejobs is not liable when a customer misses to notify financejobs in this respect and the customer will be obliged to indemnify financejobs against any claim and from any arising losses or damages.

11. Automatically indexed jobs ads

Additionally, to our sponsored and premium job ads, we are automatically indexing and posting job ads from websites. These job ads contain only the job ad text, the source but no logo and are not displayed as “Top recruiters” and are not shown on the first page of our Job board. Financejobs.lu does not have the obligation to display any job ad in the job listing. We can include those job ads we esteem suitable and exclude or remove inappropriate job ads. We do not confirm the completeness or correctness of any job ads or any other information, being indexed or published via a paid service. 

We do not assume any responsibility and disclaim all kind of liability for the correctness, completeness, legitimacy and existence of any published job ad.  

Any indexed job ad will expire after a pre-defined period of time. If you are the owner of any indexed job ad and you do not wish to be published on our job board, please send an email to info@financejobs.lu. Your job ad will then be cancelled within 24 hours. 

12. Warnings & Legal disputes
To avoid legal warnings, legal disputes and linked costs, we ask for an immediate contact. In the case of a complaint regarding any of the above-mentioned claims, you first have to contact us and we will give you a remedy before a final, legally binding clarification. Any risk of repetition is thus excluded. Irrespective of this, the cost notes of an attorney’s warning, without prior contact, would therefore be rejected for failure to comply with a duty to mitigate damages. It follows that unnecessary or unjustified warnings or follow-up actions are answered with a negative declaratory action.

13. Disclaimer
The user and companies use this website at their own risk. The material on the website is provided « as is » and « as is » without express or implied warranty of any kind.
financejobs reserves the right to change the Terms and Conditions at any time.

14. Final provisions
The laws of Luxembourg apply to all contracts, agreements, actions and their interpretations. The Parties shall agree on the exclusive jurisdiction of the Luxembourg’s Court.

15. Severability clause
Should any provision of this contract be invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with an effective provision as close as possible to this provision.

 

 

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