General Terms and Conditions for customers

Lionstep offers “Recruiting-as-a-Service” as a service (hereinafter referred to as “Services”), which includes access to the Lionstep App (hereinafter referred to as “Application”). The Application is a tool to support Lionstep’s applicant selection process and its search for suitable job candidates. Customers (hereinafter referred to as “Customer” or “Client”) can publish or place a job offer in the Application as well as follow the process of Lionstep’s active recruitment approach throughout said job offer. Each candidate profile in the Application shall remain anonymized until the candidate approves the Customer’s access to the candidate’s details.

1. scope

1.1 The scope of the contract governed by these General Terms and Conditions (hereinafter referred to as “GTC” or “Agreement”) is the provision of the above Services by Lionstep. Among other things, Lionstep grants the Customer access to the Application and provides a selection of candidates who meet the requirements as agreed upon by Lionstep and the Customer (hereinafter referred to as “Parties”).

1.2 The Client shall be deemed to be a natural (or “physical person”) or legal person acting as and interested in acting as an employer or professional recruiter. These GTC expressly do not apply to job seekers or candidates. These GTC act in conjunction with the General Terms of Use of the Application and the Lionstep website, the Lionstep price list, and/or any written agreements entered into between the Parties, and these GTC govern the entire contractual relationship between the Parties. Contractual conditions of the Customer find application only when Lionstep explicitly agrees to said contractual conditions in writing.

1.3 Conclusion of a contract with natural persons (or “physical persons”) acting as consumers is expressly excluded.

2. conclusion of the contract

2.1 Upon request of the Customer, Lionstep will submit an individual Offer (hereinafter referred to as “Offer”) to the Customer, and said Offer is fully governed by these GTCs unless otherwise stated. The Offer will refer to these GTCs and is valid up to and including the deadline specified therein.

2.2 The contract (hereinafter referred to as “Contract”) is concluded when Lionstep receives a dated acceptance of the Offer. Should the acceptance be accompanied by amendments or received post-deadline, it constitutes a new offer. Lionstep can accept explicitly or tacitly said new Offer by starting to provide Services.

2.3 The contract period begins once the Customer orders one of the service packages described on the Lionstep website and under the conditions to be agreed upon and confirmed by way of a telephone conversation between the Parties.

2.4 The rights and obligations of the Customer under this Contract cannot be transferred to third parties without the prior written consent of Lionstep.

2.5 The Customer accepts that Lionstep is not bound by non-competition clauses and can therefore possibly also work for companies that have a direct competitive relationship with the Customer.

3. registration

3.1 Together with a Lionstep Customer Success Manager, Clients can register in the Application and create a business account. To complete the registration, Customers must provide their full contact information. Once registered, Customers have free access to the Application.

3.2 Within the framework of the creation of the business account, the Client and Lionstep determine essential criteria and/or requirements (“Killer Criteria”) that apply to all candidates to be placed. A subsequent change to the Killer Criteria is possible after consultation with Lionstep and is not retroactive.

3.3 In order to create a business account, the Customer is required to provide Lionstep certain information (including personal data). Any additional details Lionstep may require will be provided within the registration process. Should the Customer not fulfill this obligation to cooperate, Lionstep cannot provide the complete contractually owed Service.

4. search and validation procedures

4.1 The Customer must have a business account and a minimum balance of 5 credits per published job advertisement on said business account in order for Lionstep to start its search (“search run”) for suitable applicants. The search run takes place in Lionstep’s own databases as well as via third party databases or by job advertisements Lionstep publishes on third party platforms.

4.2 In general, the search run for candidates for each specific position is conducted within a time period of two months. After consultation with Lionstep, the Customer may extend the search run by additional two-month search runs. In the course of the search, Lionstep enters the anonymous profiles of contacted candidates into the Client’s business account. These candidates are not yet validated.

4.3 In the next step, Lionstep conducts an initial interview with the selected candidates, testing

  1. whether they meet all Killer Criteria,
  2. whether they are within the applicable salary range,
  3. whether they are interested in the specific job offer,
  4. whether they are willing to be interviewed by the Client, and
  5. that they have not already applied for the position through another party or platform.

In addition, Lionstep collects, during the first interview and with the candidate’s consent, extensive information and documents (e.g. CV, diplomas, qualifications, etc.).

4.4 Once candidates meet all the above conditions, they are considered validated and will be automatically activated by Lionstep on the Application for the Client to access. Lionstep must be informed should the Client acts as a recruiter and pass the candidate’s full details on to third parties, e.g., potential employers, before the validation process is initiated. The Client recognizes and accepts that a candidate is always free to refuse consent to validation or the transfer of data to third parties. In the case of such a refusal, Lionstep will not share their data with the Client, and no credits will be redeemed by Lionstep from said Client’s Business Account. Lionstep is not liable for the refusal of candidates to participate in an application process, nor for the truthfulness of the candidate’s answers to the questions.

4.5 In addition, Customers have unlimited access to Lionstep’s internal communications. Additional support services may be included in the Client’s Business Account as specified in the sections below.

5. activated candidate

5.1 A limitless number of candidate profiles remain activated until the Customer’s credit balance is exhausted or the Customer terminates or pauses the specified job search. The Customer may put a cap on the number of profiles activated.

5.2 Once Lionstep has redeemed the respective credits for said job search, the complete detailed profiles of the validated candidates will be accessible to the Client in the chronological order and in accordance with Section 3.5.

5.3 Access to the candidate profiles is deactivated once the Customer’s credits are exhausted and remains deactivated until the consumer’s credit balance is sufficiently recharged.

5.4 Upon candidate profile activation, the Customer is responsible for contacting the candidates and continuing the job search process process.

5.5 The Parties may agree that Lionstep send recruitment process cancellations to candidates rejected by the Client..

5.6 Profiles of activated candidates can be viewed by the Customer for up to three (3) months after the corresponding position has been filled, after which the profiles are deactivated.

6. credits

6.1 All Lionstep Services are available to Customers on the condition that a contractually defined minimum balance of credits is installed in advance in the Customer’s business account, regardless of whether or to what extent said credits are redeemed.

6.2 Purchased credits are valid for a period of twelve (12) months and can be redeemed for the booking of agreed Services in accordance with the following provisions. The credits expire without replacement twelve (12) months past the date of purchase.

6.3 Unless otherwise specified or agreed in individual contracts, credits shall be redeemed

  1. as soon as the Customer publishes a job posting via Lionstep at the price of two (2) credits per search and job. The job posting is deactivated once the credit balance is exhausted. The job posting can be reactivated should the credit balance be recharged with purchased credits;
  • If Lionstep does not propose a candidate to the Customer who fulfills all Killer Criteria, the credits accrued for the search run will be refunded to the Customer, and credits for further search runs according to section 4.2 will not be refunded under any circumstances;

  • Lionstep redeems one (1) credit per validated candidate. Should a candidate fail to meet at least one killer criterion at any point in the application process, the credit booked for said candidate will be refunded, unless the consumer invites the candidate to continue the application process;
  • Additional credits for additional Services will be charged according to the Agreement with the Client. Additional Services offered by Lionstep include but are not limited to candidate assessment, technical interviews, recruitment process outsourcing services, and outplacement services as outlined in section 7, below.

6.4 Should the credit balance be exhausted during the term of the contract, the Customer shall retain access to the Application. Services that require credits to be redeemed can be booked once the credit balance is recharged with purchased credits.

6.5 For new Customers, an extended guarantee applies: Lionstep will refund the price of all credits purchased by the Customer in the event that Lionstep fails to propose a candidate who meets all the Killer Criteria for the first two job advertisements published via Lionstep over two consecutive searches per job (i.e., four [4] months per job) by the conclusion of the contract (whether the credits are redeemed or not).

7. service packages and prices

7.1 Two packages comprise the Lionstep service offering available for purchase. In addition to these GTCs, the provisions of each package description current at the time of the conclusion of the contractshallapply.

  1. Essentials”: The administration of the application process is largely managed independently by the Customer via the Application. One Customer user per business account is supported. The Essentials service package is suitable for very simple positions only. Details can be found in the package description.
  • Professional”: The management of the application process is accompanied by a Lionstep employee. Up to eight (8) Customer users per business account are supported. Details can be found in the package description.

7.2 Lionstep also offers tailored “Enterprise” service packages, the scope and conditions of which are agreed upon by consultation between Lionstep and the Customer and on an individual basis.

7.3 The selected service package, package description, and the location of the customer’s registered office, whether it lies in Switzerland, in the EU, or in another country, determine the unit prices for credits and may result in price discrepancies.

7.4 Community Support Services provide access to the Q&A section on the Lionstep website and live chat support with a guaranteed response time of twenty-four (24) hours.

7.5 Lionstep offers the following additional Services:

  1. Lionstep Assessment: Based on a valid candidate’s answers to circa ten (10) standard questions, Lionstep creates a personality profile. Said profile is uploaded to the Client’s business account. One (1) credit is redeemed for the assessment service per job.
  • ATS integration: By Client request, Lionstep can integrate the profiles of activated candidates into the Client’s own “applicant tracking system” (ATS). The Customer must grant Lionstep access to the ATS system by obtaining or providing all necessary consents, approvals, or information. The credits due for an ATS integration are calculated on a case-by-case basis.

8. term and termination

8.1 The term of the Agreement ends twelve (12) months after the purchase of the last credit (“Termination”).

8.2 The contract remains open indefinitely should the Customer maintain credits on their business account. Lionstep notifies a Customer of any impending Termination with reasonable advance notice.

8.3 Both Parties have the right to terminate the contract with a notice period of three (3) months. In the event of serious violations of this contract, Lionstep reserves the right to an extraordinary Termination. An extraordinary Termination is effective immediately and foregoes any Customer’s claim to a three (3) month notice period.

8.4 In the event of an ordinary Termination by Lionstep or an extraordinary Termination by the Customer, owing to contract violations committed by Lionstep, outstanding credits will be refunded to said Customer against payment of the purchase price. In all other cases of cancellation or Termination of the contract, regardless of the reason, any remaining credits are forfeited by the Customer without replacement or refunding.

8.5 Should the contract end in accordance with section 8.1 or through ordinary Termination by Lionstep or through extraordinary Termination by the Customer, owing to contract violations committed by Lionstep, the Customer retains for an additional three (3) months all access to the Application and to the information stored therein at the time of Termination.

8.6 Should the Customer sign a new contract with Lionstep within that period of three (3) months following Termination, the Customer can maintain its business account and the information stored therein.

8.7 Once the period of three (3) months following Termination has elapsed, the Customer’s business account, including all information stored therein, will be deleted permanently and securely in accordance with data protection, provided Lionstep is not specifically entitled or obligated to store said data.

9. duty to cooperate

9.1 To enable Lionstep to provide its Services in accordance with the contract, the Client acknowledges and agrees to cooperate in the creation of accurate, complete, and continually updated job postings and in the prompt response to applications.

9.2 The duty to cooperate includes the obligation to inform Lionstep immediately of updates to circumstance or information that the Customer has no direct control over and is therefore unable to intervene autonomously.

10. liability of the Customer for the content

10.1 The Customer bears the exclusive liability for all content uploaded to the Application. Upon first request, the Customer agrees to indemnify Lionstep and hold Lionstep harmless from all third-party claims asserted in connection with any content uploaded to the Application.

10.2 In particular, the Customer guarantees that the content uploaded to the Application or made accessible to Lionstep for publication, does not violate any rights of third parties, including but not limited to copyrights, trademark, patent rights, or personal rights.

10.3 In addition, the Customer guarantees that the uploaded content is always truthful, accurate, and updated. Further, the Customer guarantees that the uploaded content does not involve any hidden or illegal difficulties for any candidate. In particular, the Customer undertakes to clarify whether the published vacancy is addressed to freelancers or internal employees and to refrain from publishing content that is not directly related or functionally linked to the job posting – in particular, advertising content – that could unduly influence the candidates.

10.4 Should claims be asserted by third parties against Customers in connection with content uploaded and/or published on the Application, Customers must immediately inform Lionstep and indemnify Lionstep from any third-party claims asserted against Lionstep.

10.5 Lionstep reserves the right to remove or prevent the publication of content in accordance with the GTC – and especially if it violates legal regulations. Lionstep will also remove content or prevent its publication if requested to do so by authorities or Customers, as well as in the event that obligations under this contract go unfulfilled by the Customer.

10.6 In all aforementioned cases, the Customer’s payment obligation under this Agreement shall remain unaffected.

11. intellectual property and data protection rights

11.1 All content, layouts, and databases available on the Application, including the Application itself, are subject to the exclusive intellectual property rights of Lionstep. Unless otherwise stated, Customers do not acquire any right to use the intellectual property of Lionstep outside of mandatory obligations within the scope of the respective service Agreement as contracted with the Customer and limited to the contract’s corresponding term.

11.2 Lionstep operates in compliance with applicable data protection laws, in particular the Swiss Federal Data Protection Act and the EU General Data Protection Regulation. Please check the privacy policy available online.

12. limitations of liability

12.1 Within the limits of applicable law, Lionstep is not liable for simple or medium negligence in the performance of this contract. Liability for the fact of partners, delegates, and employees is excluded. Liability for consequential damages or lost profits is always excluded.

12.2 In no event shall Lionstep be liable for damages in excess of the total value of fees paid by the Customer to Lionstep within the last twelve (12) or fewer months of service prior to the occurrence of the damage.

12.3 Lionstep undertakes to provide the applications and services described in §4 in accordance with the information and materials provided by the Customer. However, Lionstep assumes no liability for the accuracy of the information when providing details about a specific candidate or candidate with whom the Customer wishes to work.

12.4 In particular, the Customer expressly acknowledges that Lionstep is only responsible for establishing the initial contact between the Customer and the candidate. Lionstep, however, does not act as employer, vicarious agent, representative, or authorized representative of the mediated candidate. The candidates themselves are exclusively responsible for all information appearing on their profiles, as well as for all declarations, decisions, or other actions made within and during the application process.

12.5 Lionstep undertakes to provide its Services in compliance with the highest possible standards of quality and care. However, in case of force majeure, including but not limited to temporary interruptions of the Services due to technical problems, Lionstep shall not be liable.

12.6 In addition, Lionstep is not liable for damages of any kind caused by improper or abusive use of the Application, including but not limited to violation of the Terms and Conditions of the Application by Customers or third parties, and reserves all resulting claims for compensation.

12.7 Customers who qualify as employment agencies are solely liable for their own compliance with possible applicable employment agency regulations. Such Clients accept to provide, upon request, a copy of their valid employment agency license.

12.8 In accordance with the law applicable, and/or permits or conditions required, the Customer must ensure whether or to what extent Lionstep’s involvement in the context of the personnel search is permitted. If the involvement of Lionstep is not permitted, Lionstep’s ability to provide services may be limited or prohibited.

13. confidentiality

13.1 The Parties shall treat as confidential all information supplied or exchanged in the execution of this Agreement should its confidential character be expressly mentioned or otherwise resulting from the circumstances.

13.2 Clients are obligated to treat the information received via candidates as strictly confidential and in accordance with relevant data protection regulations; in particular, in the event the Customer chooses not to enter into any contractual agreements with the candidates.

13.3 The obligation to treat all information received via candidates as strictly confidential and in accordance with relevant data protection regulations remains in effect even after the contract with Lionstep has expired.

14. miscellaneous

14.1 Amendments and supplements to these GTC and/or other contractual Agreements concluded by the Parties must be made in writing. The same shall apply to any waiver of the written form requirement. 

14.2 In the event of a breach of contract by the Customer, Lionstep reserves the right to terminate the contract without notice and for good cause as well as reserves the right to assert claims for damages against the Customer. Further claims for damages by Lionstep remain unaffected by this stipulation.

14.3 If any provision of these GTC is invalid or unenforceable, the remaining provisions shall remain unaffected. The Parties shall use their best efforts to replace the invalid or unenforceable provision with a valid and enforceable provision that best corresponds to the contractual scope.

14.4 This contract is subject to Swiss law. The place of jurisdiction is Zurich.