Terms for Customers Europe

Luca Fankhauser 17, Mar 2022 21 min
BG

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 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 agreements in textual form 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 and creation of Job descriptions

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 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.

3.3 After creation of fter creating the business account, the customer creates job advertisements for which Lionstep should look for candidates. The customer and Lionstep then set essential criteria and/or requirementds (“killer questions”) that apply to all candidates.

3.4 Lionstep expressly reserves the right not to publish individual job descriptions if it is not to be expected that in the foreseeable future and with reasonable effort suitable candidates are found. This can e.g. be ,because the customer does not provide the information required or not in full for the job description.

4. Search and validation procedures

4.1 After creation of the job description, Lionstep will begin it’s search (“search run”) for suitable applicants, given that the Client has the minimum balance for the selected service package or has an active Subscription (as defined below). 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. After starting the search, the job description can not be altered any longer. In no case shall fees already incurred in credits be refunded, unless these GTC provide otherwise.

4.2 In general, the search run for candidates for each specific position is conducted within a time period of one month. On the same day in the following month, the search will automatically be prolonged for another month, unless the client gives 3 days notice to Lionstep (via Telephone, E-Mail or Messenger) before the end of the current search run. Decisive in the calculation of the deadline is always the day of the last month that bears the same number as the beginning day

4.3 In case the Client has purchased a Subscription, notwithstanding sec. 4.2 the search for Candidates suitable for the published job postings shall continue throughout the entire Subscription term until a fitting Candidate has been found or the job posting has been paused for other reasons (see sec. 8.3).

4.4 Over the course of the search, Lionstep provides the anonymized profiles of such candidates with whom contact was made into the customer’s business account. These candidates are not yet validated. In the next step, Lionstep conducts an initial interview with the selected candidates, testing

  1. Whether, according to the candidates themselves, they meet all agreed upon 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.).

4.5 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. 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.

4.6 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 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 once – if applicable – Lionstep has redeemed the respective credits for said job search.

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, Subscriptions and Fees

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, or within the framework of a Subscription.

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 By redeeming 12 credits, Customers may purchase a Subscription running from the day of purchase for a 12-months term. Each Extension pursuant to sec. 9.2 below cost 12 credits due upfront and booked by Lionstep. The Subscription (and each Extension) includes the publication of up to 10 (ten) job descriptions at no further cost.

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

  • As soon as the Client publishes a job posting via Lionstep a Service Fee of one (1) credits per search and job shall be charged. The job posting is deactivated once the credit balance is exhausted. Service Fees do not apply to Subscriptions.
  • Client wishes to publish more than 10 (ten) job postings during the Subscription: in this case, Client may purchase additional 12 Credits (“Additional Credits”) in order to publish up to 10 (ten) further job postings over a 12-months period of purchase of Additional Credits.
  • Have Additional credits been purchased prior to the expiration of the Subscription, also the Subscription itself shall be extended automatically in order to match the term of Additional Credits (“Mandatory Extension”), e.g.: Client purchases Additional Credits effective from the seventh month of Subscription: this results in a 6-months Mandatory Extension for which Lionstep shall charge 6 further Credits. For each month of Mandatory Extension, one (1) Credit shall be due.
  • For every validated Candidate, Lionstep charges a “Validation Fee”. Should a candidate fail to meet at least one killer criterion at any point in the application process, the Validation Fee 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. According to different service-packages, some of the above-mentioned fees can be wholly or partially omitted.

6.5 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. It is the Customer’s responsibility to make sure that the credit balance on the Client’s Business Account is sufficient to purchase the additional services (in part. the validation of Candidates) described above.

7. Service packages and prices

7.1 Three 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.

  • “Essentials”: The administration of the application process is largely managed independently by the Customer via the Application. The Essentials service package is suitable for very simple positions only. Lionstep guarantees to contact atleast 200 suitable Candidates within a search run. A guarantee regarding the minimum amount of validated Candidates can however not be given. Details can be found in the package description.
  • Professional”: The management of the application process is accompanied by a Lionstep employee. Details can be found in the package description.
  • “Enterprise”: The administration of the application process is accompanied by a Lionstep employee. The customer is entitled to additional services, e.g. Access to “Competitive insights” and monitoring of the search campaign through an engagement Manager.

7.2 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.

7.3 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.

7.4 Lionstep offers additional services along with the services included in the service package that can be booked. Further details can be found in the package description.

7.5 “Talent Radar”: As an additional service to the Professional or Enterprise package, the “Talent Radar” service can be booked for positions that are particularly difficult to fill suitably. Lionstep expressively reserves the right to post job advertisements for individual cases to allow Talent Radar or not. With Talent Radar, both the monthly service fees, and the validation fees are calculated. In addition, a success fee is due for the recruitment of candidates mediated by Lionstep. Further details can be found in the package description

8. Pausing and deleting of job postings

8.1 After Lionstep has started searching for candidates for a specific position, the customer is free to pause the search by notifying Lionstep (by phone or email, e.g. if a candidate is currently being negotiated). As long as the job posting is paused, it will not automatically be extended in accordance with Section 4.3 above. If the customer notifies Lionstep that the search should be resumed, the deadlines according to Section 4.3 are calculated according to the new start date.

8.2 Jobs can be deleted with a notice of 3 business days to the effective deletion. All Fees and Charges up to the Effective Date of deletion are due and non-refundable. This applies in particular to Candidates who, in the time frame between the customer’s declaration of deletion and when the deletion takes effect, book a call for validation. The corresponding Validation Fees are then due

8.3 Positions can also be deleted by Lionstep after prior notification to the customer if one of the following conditions is true:

– at least 60 days have passed since the job was paused by the customer (see Section 8.2) or have passed since the validation of the last candidate;

– 3 (three) months have passed since publication of the job posting;

– at Lionstep’s discretion, the job posting may be in breach of law or contract or could impair Lionstep’s legitimate interests. If any of this applies, in case of particular urgency the job posting’s deletion could be performed also without prior notice.

9. Term and termination

9.1 The term of the Agreement ends twelve (12) months after the purchase of the last credit (“Termination”). In case the Client has purchased a Subscription, it shall last for the entire Subscription term (including Mandatory Extensions, if any).

9.2 The contract remains open indefinitely should the Customer maintain credits on their business account. This also applies to Subscriptions: Upon expiration, Subscriptions shall be extended automatically for further 12 (twelve) months, unless the Customer terminates in writing with a notice period of one (1) month prior to the end of the term. Subscriptions are extended subject to the same conditions last applicable during the foregoing term (e.g. Additional Credits – if any – shall also be extended and booked). Lionstep notifies a Customer of any impending Termination and/or Extension with reasonable advance notice.

9.3 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.

9.4 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.

9.5 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.

9.6 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.

9.7 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.

10. Duty to cooperate

10.1 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.

10.2 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.

11. Matching Guarantee and Refund Guarantee

11.1 Depending on the service package selected, customers are granted a “matching guarantee” under the following conditions

  • 11.1.1 If, after activating a candidate, it turns out that one or more Killer criteria are actually not met, Lionstep will replace all of the customer’s Credits accrued for the candidate. This is one voluntary service by Lionstep, which, in particular according to Section 14.3, is not based on a breach of duty by Lionstep.
  • 11.1.2 The matching guarantee is valid for a maximum of 30 days since the activation of the candidate’s profile.
  • 11.1.3 Refunded credits can be reused according to the general conditions. Payment in cash is excluded.

11.2 Which service packages include the matching guarantee, results from the respective service description.

11.3 Except for Subscriptions, depending on the selected service package, Clients are offered a “selection refund guarantee”. Granted subject to the following conditions:

11.3.1 Lionstep will refund to the customer in cash all credits of the purchased credit package that have not been used to date if Lionstep has not found any candidates that it claims to meet all of the Killer Criteria after posting the first two (2) job postings. For both job postings, Lionstep must have searched for at least four (4) months each.

11.4 The service packages included in the Selection Refund guarantee can be found in the respective service description.

12. Liability of the Customer for the content

12.1 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.

12.2 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.

12.3 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.

12.4 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.

12.5 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.

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

13. Intellectual property and data protection rights

13.1 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.

13.2 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. The agreement on the processing of personal data by order, which is attached to these GTC is a binding part of the contractual relationship with the customer.

14. Limitations of liability

14.1 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.

14.2 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.

14.3 Lionstep commits to itsCustomers to check potential candidate profiles for fulfillment of the killer criteria.In doing so, Lionstep is dependent on the respective candidate information, statements and evidence (“Information”) provided. However, Lionstep has  neither the possibility nor the Obligation to verify the accuracy and completeness of such information. Lionstep therefore assumes no liability for the correctness of the information provided of candidate profiles

14.4 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.

14.5 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.

14.6 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.

14.7 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.

14.8 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.

15. Confidentiality

15.1 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.

15.2 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.

15.3 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.

16. Miscellaneous

16.1 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. 

16.2 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.

16.3 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.

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