Terms for Candidates Europe

Admin 17, Mar 2022 8 min

Terms for Candidates Europe

Lionstep offers “Recruiting-as-a-Service” as a service (hereinafter referred to as “Services”), which includes access to the Lionstep app (hereinafter also referred to as “Application”). The Application is a tool to support Lionstep’s search for suitable candidates (hereinafter referred to as “Candidate” or “Candidates”) and to support the selection process of the Candidates. In the Application, Candidates can apply for job openings posted by Lionstep customers (hereinafter referred to as “customer” or “client”). The client can follow Lionstep’s process of actively approaching Candidates, yet each Candidate profile remains anonymized until the Candidate approves the client’s to their 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.

1.2 The Candidate is a natural person who is interested in entering into an employment relationship or, if expressly stated, a relationship as a freelancer with a client of Lionstep. These GTC, in conjunction with any other agreement between Lionstep and the Candidate, if any, govern the entire contractual relationship between Lionstep and the Candidate. Contractual terms and conditions of the Candidate outside of those entered into between Lionstep and the Candidate are not applicable to this contractual relationship unless Lionstep expressly agrees to said terms and conditions in writing.

1.3 Conclusion of a contract according to these GTC is possible between Lionstep and each Candidate only. The conclusion of a contract with representatives, head-hunters, or other agents acting on behalf of and for the account of third parties is expressly excluded.

1.4 Unless expressly stated or agreed otherwise, the contract with each Candidate is free of charge.

2. Inclusion in the applicant database

2.1 The inclusion of Candidates in Lionstep’s candidate database relies on the submission of the data, documents, and information required or requested by Lionstep and is at Lionstep’s sole discretion. Candidates expressly have no claim to inclusion in the Lionstep candidate database.

2.2 Once a Candidate has submitted the required or requested data, documents, and information in the candidate database, Lionstep will create an anonymized profile of the Candidate to be displayed by Lionstep to those clients who have published a job offer via Lionstep and deemed by Lionstep as suitable to the Candidate.

2.3 The complete candidate profile is displayed to Lionstep to customers only when a Candidate has agreed to said customer’s access to their details. When and which complete candidate profiles are displayed to a particular customer is exclusively Lionstep’s decision, and Candidates have no influence on that decision.

3. Duties of the candidate

3.1 Candidates are responsible for ensuring that all information, data, documents, and other details (“Candidate information”) submitted during the admission or application process are always complete, correct and up-to-date. Lionstep expressly reserves the right to validate such information through reference checks.

3.2 Assurances that Candidates make to Lionstep are transferable to those customers with whom Candidates come into contact with via Lionstep. Should such Candidate assurances prove to be false, the Candidate must compensate Lionstep for any and all resulting damages.

3.3 Candidates undertake to use Lionstep Services exclusively for the purpose of the initial job or contract search. Contacting Lionstep customers for other purposes is expressly prohibited.

3.4 Candidates must themselves ensure that they meet all the requirements (e.g. legal residency requirements) for taking up employment or service.

3.5 Upon first request, Candidates must indemnify Lionstep from all (damage) claims that are asserted against Lionstep due to or in connection with any violation of obligations of the Candidates resulting from this contract or legal regulations.

4. Duties Lionsteps

4.1 Lionstep undertakes to make complete Candidate profiles visible to clients with the candidate’s consent only.

4.2 Lionstep is explicitly not obligated to actively help Candidates find employment or job offer. Lionstep is therefore also not obligated to bring Candidates into contact with a minimum or set number of clients.

4.3 Once Lionstep brings a Candidate into contact with a customer, the Candidate is responsible and accountable for any continued course of the application following that contact. Lionstep will neither moderate nor accompany the Candidate’s application process.

4.4 Lionstep is neither liable for the job offers published by customers nor the information provided therein. Lionstep provides only an infrastructure through which Candidates and customers can make contact.

5. Processing and storage of personal data

5.1 Unless expressly agreed otherwise, all Candidate information is stored in the corresponding Lionstep Candidate profile as long as said Candidate is in a contractual relationship with Lionstep and in accordance with these GTC. Candidates are free to change or delete information stored in the Lionstep profile at any time.

5.2 Candidate information will be disclosed by Lionstep to clients with the Candidate’s consent only. Further disclosure of Candidate information to third parties is excluded.

5.3 Candidate information disclosed to customers in accordance with the preceding clause shall be lawfully processed and stored by customers. However, it is the exclusive responsibility of the customer to process Candidate information following disclosure by Lionstep and in accordance with relevant legal regulations. Lionstep is not liable for the processing of Candidate information by Lionstep customers.

5.4 Candidate information can be stored beyond the termination of the contractual relationship between Candidates and Lionstep if Lionstep is obligated or entitled to do so due to relevant legal regulations, especially for the purpose of enforcing or defending legal claims.

6. Term and termination

6.1 The contractual relationship between Candidates and Lionstep is concluded for an indefinite period of time and can be terminated by either party without giving reasons and with a notice period of 5 working days.

6.2 Candidates acknowledge that the contract termination has no effect on admission or application procedures that precede the contract’s termination and, in particular, on any disclosure of Candidate information that has preceded the termination of the contractual relationship in accordance with Section 5.

6.3 The right to terminate without notice for good cause shall remain unaffected in any case.

7. Intellectual property and data protection rights

7.1 Lionstep holds the exclusive intellectual property rights of all content, layouts, and databases available on the Application, including the Application itself. Unless otherwise stated, Candidates acquire no rights to use the intellectual property of Lionstep unless such rights are mandatory for the use of the Services governed by these GTC and are limited to the corresponding term.

7.2 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.

8. Limitations of liability

8.1 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.

8.2 Lionstep assumes no liability for the accuracy of the information in providing details of a particular job offer or client with whom the Candidate contacts.

8.3 In particular, the Candidate expressly acknowledges that Lionstep is responsible only for establishing initial contact between the Candidate and the client. Lionstep, however, does not act as employer, vicarious agent, representative, or authorized representative of the customer. The customers themselves are exclusively responsible for all information contained in their job offers, as well as for all declarations, decisions, or other actions they conduct in the context of the application process.

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

9. Confidentiality

9.1 All parties subject to this GTC shall treat as confidential all information supplied or exchanged in the execution of this Agreement if it is of confidential nature expressly mentioned or otherwise evident from the circumstances.

9.2 In particular, the Candidates are obligated to treat the information received about clients in strict confidentially and in accordance with relevant data protection regulations, especially if said Candidates do not enter into any contractual agreements with said clients.

9.3 The obligation to maintain secrecy remains in effect even after the contract with Lionstep has expired or been terminated.

10. Miscellaneous

10.1 Amendments and supplements to these GTC and/or other agreements concluded by the parties must be made in writing. The same shall apply to the waiver of the written form requirement. 

11.2 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 reflects the scope of the contract.

11.3 This contract is subject to Swiss law. To the extent permitted by said law, the place of jurisdiction for all disputes arising from or in connection with this contract shall be Zurich, Switzerland.