General Terms and Conditions of Lionstep AG
Lionstep (hereinafter also referred to as “Application”) is an online platform providing an automated tool to support the applicant selection process. Through the Application, Customers can publish job vacancies and receive applications. Lionstep will also independently submit to the Customer anonymised profiles of matching candidates that have not applied for the vacancy, sourcing them from its database of professionals.
1.1 The scope of the contract regulated by these Terms and Conditions (hereinafter referred to as “T&C” or “Agreement”) is the provision of the above-mentioned Services by Lionstep. In particular, Lionstep shall grant access to the Application to the Client and provide a selection of Candidates matching the Customer’s job-descriptions.
- Closing of the Contract
2.1 Upon request submitted by the Customer via the website or offline, Lionstep shall provide the Customer with an Offer entirely regulated by these T&C as far as not otherwise stated.
2.2 The contract is closed when Lionstep receives an Acceptance of the Offer.
2.3 The Customer’s rights and obligations under this contract may not be transferred to third parties without Lionstep’s prior consent in writing.
2.4 The Customer accepts that Lionstep shall not be bound to non – compete agreements.
- Registration and Credit based Services
3.1 Customers can register to the Application creating a Business account. Unless otherwise specified or displayed, information provided in the personal Business account shall be public and visible to all Lionstep users. In order to complete registration, Customers shall provide their full contact details.
3.2 Upon registration, Customers have free access to the Application and to the full database of anonymous profiles.
3.3 Upon payment of a fee as specified at the relevant section, Customers shall have access to profiles of such Candidates having submitted their application for a vacancy published by the Customer as well as profiles of Candidates that were referred by a third party. In case Customers are acting as professional recruiters providing Candidates for a third party (potential employer), they are obliged to collect the applying Candidates’ consent before transferring their personal data to such third party.
3.4 In addition and upon payment of a fee in form of Credits, Lionstep shall provide Customers with a LONG LIST of anonymised profiles of Candidates matching the Customer’s vacancy description, tapping into its database of professionals, who have not created a personal account on Lionstep.
3.5 Based on the LONG LIST, Customers shall reduce their selection to a SHORT LIST and communicate this to Lionstep by clicking on the “check interest” button of a Candidate. Lionstep shall then validate the SHORT LIST, i.e. check whether the Candidates are a) interested in the specific job offer, b) within the applicable salary range and c) willing to be interviewed by the Customer. Candidates satisfying said conditions shall be deemed validated. Before initiating the validation process, the Customer shall inform Lionstep about whether it is intended to share the Candidate’s full details with third parties, such as potential employers in case the Customer acts a recruiter.
The Customer acknowledges and accepts that Candidates shall always be free to deny their consent to validation or to transfer of data to third parties. In such cases, Lionstep will not be able to provide their details to Customers and no Credits will be booked.
3.6 The Customer will then receive the full details of validated Candidates, as long as Credits are available on the Customer’s account (see sec. 4). Lionstep shall provide full detail profiles of SHORT LIST – Candidates based on the chronological order in which the Candidates’ consent pursuant to sec. 3.5 is received. The provision of full detail profiles shall be stopped as soon as no more Credits are available on the Customer’s account. Validated Candidates’ profiles not provided because the Customer runs out of Credits, shall therefore not be considered less relevant to the job description. As soon as further Credits are purchased, the described process will be resumed. [vd1]
In addition, Customers shall have unlimited access to in – system communication tools (if available).
3.7 Customers shall have the opportunity to import and manage through the Application up to 100 profiles of candidates, whose details they have collected without recourse to Lionstep (hereinafter “Own Candidates”). In this case, Customers are solely liable for informing accurately their Own Candidates and collecting their consent to the importing and managing through Lionstep. Lionstep reserves the right to process data referring to Own Candidates for statistical and market research purposes exclusively in an anonymous and aggregated manner.
3.8 Customers shall have the possibility to perform video interviews. Video interviews allow Candidates to record approximately 40 minutes video assessment in which they answer questions provided in advance by Customers. Candidates shall always be free to deny their consent to video interviews. Lionstep bears no liability regarding the content of such video interviews. Video interviews shall be recorded and saved on the Lionstep Application for a 60-days-period, during which the Customer shall have access to them. For each video interview of a Candidate, one credit will be deducted from the Customer’s account. [vd2] [c3]
3.9 Additional support services may be included according to what specified at the following section.
- Prices, Credits and Support Services
4.1 The pricing model is based on the amount of validated Candidates. In order to access the Services described at sec. 3, Customers have to purchase Credits. For each validated Candidate provided to the Customers pursuant to sec. 3.5 and 3.6, one Credit shall be deducted from the Customer’s account. Credits shall be deducted as soon as the validated Candidates’ full details are provided to the Customer, without regards to further developments lying outside of Liontep’s control, including but not limited to whether an interview actually takes place, whether the Candidate is chosen and employed etc.
4.2 Services can be purchased according to the options presented in the Pricing section of the Lionstep marketing website
4.3 Community Support Services give access to the Q&A section on the website and to a live-chat support with guaranteed reply within 24 hours. Basic Support Services include, in addition, a live-chat support with guaranteed reply within 3 hours during business hours ()[vd4] [c5] . Premium Support Services include, in addition, a key account manager provided by Lionstep and telephone support during business hours ()[vd6] [c7] .
4.4 Payments are done in advance. Credits must be used within one year from purchase, after which they will expire.
4.5 Customers having no Credits on their account shall maintain access to the Services specified at 3.2. For all other Services, Credits must be purchased and used as described above.
- Premium Services
As an alternative to the Services described at sec. 3, Customers may decide to purchase Premium Services individually negotiated with Lionstep. Premium Services cost, in addition to the Credits used for validated Candidates, additional 5 credits and includes a personal interview and follow-up written statement as well as reference checks.
- Premium Candidates via a Recruiting Partner
6.1 Lionstep AG and associated Premium candidate partners identify possible suitable Premium Candidates on the basis of the needs described to it by the customer. Interested candidates are technically, professionally and personally tested by Lionstep AG and/or associated partners. Subsequently, Lionstep AG suggests suitable candidates to the customer and takes over the organization of telephone interviews and job interviews and accompanies the application process up to the possible conclusion of the contract.
6.2. Obligations of the customer
The Customer guarantees that the Customer will provide Lionstep AG with complete and truthful information regarding the respective positions to be filled in order for Lionstep AG to provide these services in a goal-oriented manner.
The Customer undertakes to inform Lionstep AG immediately of any agreement reached with a candidate named by Lionstep AG regarding the conclusion of an employment contract (commitment) as well as the conclusion of the employment contract. The customer must send Lionstep AG a copy of the employment contract without being requested to do so. The Customer also undertakes to inform Lionstep AG immediately if the position has been filled elsewhere or is no longer to be filled.
The customer undertakes to treat all information about the candidates in accordance with the applicable data protection regulations. The disclosure of such information to third parties is not permitted.
In addition, the Customer acknowledges that this information is confidential information of Lionstep AG, to which the Customer does not acquire any rights. In the event of unsuccessful mediation, the Customer undertakes to either completely delete or destroy all information concerning the respective candidate or to return it to Lionstep AG at the discretion of Lionstep AG.
6.3.Cerdit costs and Fee
Premium candidates have an initial cost of 3 credits per validation which is different from the basic Lionstep pricing per candidate. On top of the credit consumption, Lionstep will charge a success fee based on the gross annual income of the future job holder, based on a full-time position of 100%, irrespective of the actual work assignment and any time limit on the employment. In the case of part-time work of 60% or less, a lump-sum discount of 20% is granted on the total fee (calculated at 100%).
The gross annual income relevant for the calculation of the fee corresponds to the target salary and, in addition to the 12 monthly salaries, includes in particular the voluntary 13th and 14th monthly salaries, commissions, profit-sharing, bonuses, capital-forming benefits, direct insurance, fare and meal allowances as well as all other benefits with a monetary advantage. The value of a company car is calculated at a flat rate of CHF 10,000.
The fee (excl. VAT) of Lionstep AG is calculated as follows: 18% for a gross annual income.
In case of an employment of a validated Premium Candidate, Lionstep will reimburse the customer the 3 credits.
The fee claim arises as soon as the customer and the applicant named or mediated by Lionstep AG have agreed on the conclusion of an employment contract (commitment). The payment period for the fee shall be 30 days from the date on which the claim to the fee arises. The statutory default interest is due on late payments without reminder (Art. 104 OR).
6.4. Fee claim after termination of the recruitment contract
The Customer shall owe Lionstep AG the fee in particular in the event that an attempt at mediation is initially unsuccessful and if, within twelve months of the temporary interruption of the talks, talks are resumed between the Customer and the proposed candidate which lead to the conclusion of an employment relationship. The client undertakes to inform Lionstep in advance of any re-contact with the candidate or immediately after such re-contact by the candidate as well as of any employment relationship that may be established.
6.5. Fee entitlement for employment outside the recruitment contract
If one or more employment contracts for a position other than the position to be filled in accordance with the employment contract are concluded between a candidate named by Lionstep AG and the Customer or a company economically controlled or affiliated with the Customer during the term or within twelve months of termination of an employment contract, the Customer shall owe Lionstep AG the fee per employment contract.
Lionstep AG shall be entitled to reimbursement of expenses (including third party costs) incurred in connection with the provision of the service, insofar as these exceed the usual extent in connection with the placement of personnel. This includes, in particular, costs for travel outside Switzerland and abroad close to the border.
6.7. Warranty service
The customer is responsible for the recruitment and selection of candidates. Lionstep AG does not assume any guarantee for the suitability of the named or mediated candidates. The right is reserved to terminate the employment contract by giving notice prior to taking up employment or during the first three months of work for reasons beyond the customer’s control. In this case, Lionstep AG undertakes to repeat the search for a suitable candidate for the same position, function and requirement profile once for a period of 30 days without additional costs.
Lionstep AG undertakes to use and store all data and other information material provided to it by the Customer exclusively for the purposes of mediation and not to pass it on to third parties. The Customer undertakes to use the application documents provided by Lionstep AG and other data concerning the candidates exclusively for the vacant position and not to pass them on or copy them to third parties.
- Duty to cooperate
7.1 In order to allow Lionstep to perform its Services according to the contract, the Customer acknowledges and accepts to cooperate creating accurate, complete and always updated vacancy postings and replying to applicants without undue delay.
7.2 This includes the duty to inform Lionstep without undue delay if any circumstance or information becomes outdated, in case the Customer has no direct control over it and is therefore not able to intervene autonomously.
- Customer’s liability for content
8.1 The Customer bears exclusive liability for all content uploaded to the Application and commits to indemnify Lionstep and hold Lionstep harmless against any whatsoever claim asserted by third parties in connection with content uploaded to the Application at first demand.
8.2 In particular, the Customer guarantees that content uploaded to the Application or handed over to Lionstep for publication does not infringe any third-party rights, including but not limited to copyrights, trademark or patent, personality rights, and that third parties (e.g. Own Candidates), whose personal data are uploaded to the Application, have given their express, specific and informed consent to such processing, according to applicable data protection regulations.
8.3 Furthermore, the Customer guarantees that content uploaded is always truthful, correct and updated and bears no hidden or illegal burdens for Candidates. In particular, the Customer shall undertake to make clear, whether the open position published is addressed to freelancers or employees and shall refrain from publishing whatsoever content not directly linked or functional to the job posting – in particular promotional content – that may unduly influence Candidates.
8.4 Whenever claims are asserted by third parties against Customers in connection with content uploaded and/or published on the Application, Customers shall inform Lionstep immediately about this circumstance and hold Lionstep harmless from any whatsoever claim asserted against Lionstep on the same grounds.
8.5 Although Lionstep shall not moderate content uploaded to the Application actively, it reserves the right to remove or prevent the publication of content infringing legal provisions. Lionstep shall also remove content or prevent its publication whenever requested to do so by authorities or the Customer, as well as whenever the Customer fails to comply with its obligations under this contract.
8.6 In all afore – mentioned cases the Customer’s payment obligation under this contract remains unaffected.
- Intellectual property and Privacy rights
9.1 All materials, contents, layouts and databases available on the Application, including the Application itself, are subject to Lionstep’s exclusive intellectual property rights. Unless otherwise specified, Customers do not acquire any right to use Lionstep’s intellectual property.
8.3 In addition to that, the Data Processing Agreement attached to these T&C forms integrating part of the contractual agreement between the parties.
- Limitations of liability
10.1 Within the limits of applicable law, in the performance of this contract Lionstep shall not be liable for simple or medium negligence. Liability for the fact of associates, delegates and employees is excluded. Liability for consequential damages or loss of profit is always excluded.
10.2 In no case shall Lionstep be held liable for damages exceeding the total value of fees paid by the Customer to Lionstep within the last 12 or less months of Service before the damage occurred.
10.3 Lionstep commits to make available the Application and Services described at sec. 3, 4 and 5 (if applicable) according to the information and materials provided by the Customer. However, Lionstep bears no liability for providing details of a specific Candidate or for providing such Candidate the Customer will decide to work with.
10.4 Lionstep undertakes to provide its Services observing the highest possible quality and diligence standards. However, in case of force majeure, including but not limited to temporary interruptions of service due to technical problems, Lionstep shall bear no liability.
10.5 Furthermore, Lionstep shall not be liable for damages of any kind occurring due to an improper or abusive use of the Application, including but not limited to any infringement of the Application’s ToU, by Customers or third parties and reserves all right to compensation resulting thereof.
10.6 Customers qualifying as recruiters are exclusively liable for their own compliancy with possibly applicable employment agency regulations. Such Customers accept to provide a copy of their valid employment agency license – if applicable – to Lionstep, if requested to do so.
11.1 The Parties shall treat all information delivered or exchanged in execution of this contract in a confidential manner, whenever their confidential character is expressly stated or otherwise results from the circumstances.
11.2 In particular, Customers shall observe strict confidentiality with respect to the information acquired about all Candidates, especially whenever they are not going to enter contractual agreements with them.
11.3 The duty of confidentiality remains unaffected after the contract with Lionstep has expired.
12.1 The contract is closed for an unlimited period of time. Both parties have a right an ordinary right to terminate contract with a 3-months–notice. The right to terminate the contract for cause, including but not limited to serious breaches of this contract, remains unaffected.
12.2 Only in case Lionstep exerts its ordinary right to terminate the contract before the Customer has redeemed all credits purchased, the Customer’s unused and not yet expired Credits shall be refunded.
13.3 Notices of termination shall be done in writing and submitted via standard mail or FAX to the other party. In case the contract is terminated, Customers shall have no more access to the Application.
13.2 Lionstep reserves the right to terminate the contract without notice in case of breach of contract by the Customer and for cause. In both cases, Lionstep reserves the right to claim damages against the Customer.
13.3 Should any of the provisions of these T&C be deemed invalid or unenforceable, the remaining provisions shall stay unaffected. The Parties shall undertake their best effort to replace the invalid or unenforceable provision by the valid and enforceable provision serving the contractual scope at best.
13.4 This Agreement is regulated by Swiss law. Venue of jurisdiction is Zurich.