General Terms & Conditions - Jobstoday.world

01

Operator

1. The website https://www.jobstoday.world is an online job board.
2. The Website https://www.jobstoday.world is operated by Jobstoday World S.L (Calle Mendez Alvaro 20 , 28045 Madrid) – hereinafter Jobstoday – and is represented by its Managing Directors.
2. Any access, retrieval, display and use of data and the visit to Jobstoday as well as the use of the services offered, and any delivery or receipt of statements are based solely on these General Terms and Conditions. Thus, any Client who accepts the offer of Jobstoday can enter into a contractual relation with Jobstoday.

02

Applicability

1. These General Terms and Conditions govern the contractual relationship between the Client and Jobstoday and they apply to all agreements between Jobstoday and the Client covering services and products of Jobstoday.
2. There are two types of Client within the meaning of these Terms & Conditions: a. Employer or recruitment agency, who are publishing Job offers on the website: https://www.jobstoday.world b. Jobseekers: Who are creating their resume and applying for Job offers on the website: https://www.jobstoday.world

Applicable Law and Jurisdiction

This contract is subject exclusively to Spanish law, under exclusion of international conflict of laws. The exclusive place of performance and jurisdiction is that of the registered office of Jobstoday. Jobstoday is entitled to sue the customer at the place of his domicile/residence.

03

Intellectual Property

Intellectual Property Rights

The Jobstoday platform contains data and information protected by trade mark as well as by copyright. Therefore, it is forbidden to reproduce, distribute and download the website either in full or in part. Technical duplication for browsing or reading, as well as a permanent copy for one’s own use is however permitted. Infringements shall be prosecuted pursuant to applicable law to its full extent.

Intellectual Property

All copyrights and trademarks, as well as experience with applications and online platforms of Jobstoday are the exclusive property of Jobstoday. To the extent the Client makes contractual use of the application of Jobstoday, he shall have the right to the copyright, trademarks and/or experience in respect of the use of Jobstoday, but the Client shall only be entitled to those non-exclusive and non-transferable rights necessary for the use by a third party and only for the length of time corresponding to the respective contractual relationship concluded by the Client with Jobstoday. This section also applies analogously to these applications. The rights to the applications and online platforms of Jobstoday which are made available to the Client and the use of third-party applications are personal and not transferable. All documents relating to Job posting provided by Jobstoday on behalf of the Client as well as photos and documents created, are the property of the Client.

04

Terms of use, Access and Payment

Terms of Use

If the Client is an employment or recruitment agency, advertising and displaying advertisements is only permitted with the Client's logo or brand. Should the customer be an advertising agency, advertising and displaying employment advertisements is only permitted with the Client's clientele's logos or brands or the end user mentioned in the order form. In all other cases, the Client shall only use the services generated under this agreement for internal purposes and in no case sell or transfer them to third parties nor advertise or display advertisements with logos and/or brands other than his own. The Client agrees to comply with the Terms of Use of any website accessed by him. The Terms of Use of those sites can be accessed on their respective homepage following the link "Terms of Use". In the event of a contradiction between the Terms of Use of a website mentioned in this article to which the Client gets access and the provisions of this agreement, the provisions of this agreement shall prevail. In case of founded suspicion of infringement of either a provision of this or another existing agreement or Terms of Use with the Client, Jobstoday reserves the right to suspend the services offered to the Client and/or disable all passwords and other access codes.

Right of Access

Jobstoday grants the Client right of access to those applications of Jobstoday which are subject to the relevant agreement between Jobstoday and the Client by means of a user ID and a password. For Jobstoday, the Client is the person who uses the user ID and password, irrespective of whether this person actually has the permission to access.

Use of Third-Party Applications

The Client accepts the respective terms of use each time he uses use third-party applications that are integrated into applications and/or online platforms of Jobstoday.

Social Media Usage

Your use of the Jobstoday social media channels is subject to these terms of use and the terms of use of the social platform from which you accessed these terms of use.

The Jobstoday@ Facebook pages, Jobstoday@ Twitter accounts, Jobstoday@ Instagram account, Jobstoday@ YouTube channel, Jobstoday@ Pinterest channel, Jobstoday@ Instagram channel, Jobstoday@ Xing accounts, Jobstoday@ Goldenline accounts, Jobstoday@ LinkedIn accounts, and Jobstoday Google+ accounts (collectively, “social media channels”) are social media locations for community members to connect to and learn about Jobstoday through information, pictures and video concerning initiatives and programs. Our goal is to provide useful and interesting content about our company and foster an open and respectful dialogue relating to the specific issues and topics covered in our posts and tweets and other multi-media.

Jobstoday reserves all rights relating to the company's social media channels, including but not limited to: (i) adding, removing, or modifying any content, (ii) blocking disruptive users; and (iii) discontinuing any of our social media channels at any time. Jobstoday does not represent that the information on Jobstoday's social media channels is accurate, complete, reliable, useful, timely or current. You read all content at your own risk. Do not rely on the information or advice in any of these postings. We do not take any responsibility for data shared by online users.

Jobstoday may, in its sole discretion, delete irresponsible content or content that is otherwise inconsistent with the purpose of the Jobstoday social media channels; namely, dissemination and sharing of on-topic, appropriate content. To the extent applicable, Jobstoday reserves the right to block any user that fails to follow these Terms of Use. Examples of inappropriate or off-topic messages include, but are not limited to, the following:

Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda
Calls to violence of any kind.
Activity that violates any law or regulation.
Attempts to target Jobstoday or Jobstoday Followers to offer goods or services, of either a commercial or private nature.
Spam directed at Jobstoday or any of Jobstoday's Followers, including any form of automatically generated content or repeatedly posting the same content.
Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place.
Other content deemed to be off-topic or to disrupt the purposes of the channel, its followers, and its sense of community and acceptance.
Content posted by fake or anonymous users.

Our social media channels are not the appropriate place to resolve issues, complaints or suggestions about individual sales and service experiences of our products. This does not mean we do not want to hear about such issues, but these types of concerns are best handled by trained representatives. If you're interested in sharing comments or feedback outside the scope of these channels, you can send a message through the “Contact Us” page on Jobstoday. Comments may be forwarded to other Jobstoday departments and personnel to ensure appropriate follow-up.

Please keep in mind that Jobstoday does not create, control, represent, or endorse any opinions or statements expressed by others within its social media channels, including those that Follow/Like Jobstoday and those Followed/Liked by Jobstoday and that any content posted by anyone other than Jobstoday is the responsibility of the submitter and not Jobstoday. Links which direct you out of our social media channels, websites, and digital new-design/assets are not under the control of Jobstoday, and Jobstoday is not responsible for the terms and conditions, privacy policy, or content of any such site or any further links from such site. Jobstoday is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site by Jobstoday. Also, please keep in mind that if Jobstoday follows another user’s account, “likes” another page, re-tweets, “favorites,” shares, or otherwise re-posts another user’s content, such an action does not constitute an endorsement.

You should understand that content you submit to our social media channels is public and will not place Jobstoday under any obligation to you. This means Jobstoday is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you. You should also not use Jobstoday’s social media channels to submit unsolicited ideas. Generally we don’t accept these, and if you submit any – for example by posting them – you need to understand that you don’t have ownership rights in such ideas, that we won’t compensate or reward you, and that we don’t waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources. You agree that by posting content on our social media channels, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed. Further, by submitting content you represent and warrant to Jobstoday that you are the sole owner of the content and that Jobstoday’s use of the content will not violate the rights of any third party, including, but not limited to copyright rights; and that you will defend and hold Jobstoday harmless from any and all claims arising therefrom. By submitting content you waive any right to inspect or approve of such uses and agree to hold harmless Jobstoday and all others identified above from any and all claims you, your heirs, executors or assigns may at any time have against Jobstoday on account of the granting of the license or arising out of Jobstoday’s use of the content.

05

Service

Availability of the service

Jobstoday provides its services twenty-four hours per day and seven days per week. Operational interruptions shall be announced previously within a reasonable time insofar as this is possible. Jobstoday shall remove any interference of technical equipment within the framework of the available technical options as soon as possible. Announced availability interruptions associated with system maintenance shall be accepted by the Client.

Performance Delay and Reimbursement

Any service and performance delay or outage for which Jobstoday is not grossly responsible shall not entitle the Client to a reimbursement or reduction of the agreed fee to be paid for the service. This applies especially to the use of unsuitable software and/or hardware for viewing (e.g. browsers) or the failure of communication networks and gateways of other operators. In all other cases, Jobstoday shall be allowed to postpone or extend the permission to use the service for the duration of the failure plus a reasonable lead time. Entitlement to reimbursement shall only exist should the above be unreasonable for the Client, in the event of a partial delay in performance or a partial absence of a pro-rata reimbursement.

Entry into Force, Withdrawal, Rescission

Once the Client has signed an agreement or agreed to the receipt of services and/or products via the Internet, the agreement in question shall enter into force including these General Terms and Conditions. Jobstoday reserves the right to rescind any agreement concluded with the Client, who is not consumer (a natural person who does not carry out business activities), by an employee or an agent of Jobstoday or via the Internet without expression of cause and without liability for damages within 14 days, unless Client started to perform the contract. In case of a use of the services contrary to the agreement, unlawful or immoral on part of the Client or in the event that the Client gives cause for a complaint due to submitting poor quality information to Jobstoday, such as advertisement data, Jobstoday shall be entitled to immediately withdraw from the agreement without compensation consequences and to cease the provision of services without prior notice to the Client. In such a case the price already paid in advance for a fixed term shall be forfeited, without the Client having any claim to the reimbursement thereof. No legal right of return exists.

The Client also has the right to rescind any agreement concluded with Jobstoday by an employee or an agent of Jobstoday or via the Internet without expression of cause and without liability for damages within 14 days, unless Jobstoday started to perform the contract.

Client advertisements

Jobstoday reserves the right to remove any job advertisements or contents from the page that either infringe the following conditions or are in any other way contrary to the interests of Jobstoday.

The job advertisement shall comply with the legal requirements both in text and graphics.
The advertisement shall not contain any false, inaccurate or misleading information.
The demanded requirements and criteria shall correspond to both actual and legal requirements of the published job.
Key wording and categorization.
Independent key wording and categorization of standard design advertisements shall correspond to the contents of the advertisement.
Subject-specific key wording and categorization for targeted find ability of corporate design advertisements is ensured by the Jobstoday team.
Links to competitors are strictly forbidden. Links shall only be published on the corporate page of the Client.
All content and links of an advertisement shall be directly visible to the user. Independent tracking codes of the Client and interactive elements are strictly forbidden, with the exception of links and email addresses linking back to the corporate page of the Client.
A job advertisement shall not contain more than one job offer.
After the advertisement is published, its text and graphics shall only be amended after consultation with Jobstoday, exception is Jobs posted with Slots or editable Jobs.
It is forbidden to influence the find ability of the advertisement in search results lists insofar as it exceeds the intended applications such as job title, contents, key wording and categorization. The Jobstoday team is at your disposal at any time for custom advice.

06

Agreement

Object of the Agreement

The object of these General Terms and Conditions is the legal relationship between Jobstoday and the job seekers who use its platforms and partner platforms as well as job advertisers and recruitment agencies with respect to the products and services offered by Jobstoday. These General Terms and Conditions apply to any use of the products and services offered by Jobstoday (in particular the publication of job advertisements, offering of profiles, retrieving of job advertisements and profiles as well as submitting candidacies to job advertisements).

Conclusion of the Agreement

The acceptance of these General Terms and Conditions (GTC) takes place by signing a written agreement of cooperation or a written offer, by express or implied acceptance of an order confirmation, by payment of an invoice or by using the products and services offered by Jobstoday. The user may be prompted to express his consent to these GTCs by activating a corresponding input field when using the websites of Jobstoday.

Registration and conclusion of the Agreement by Internet

Once the Client has signed an agreement or agreed to the receipt of services and/or products via the Internet, the agreement in question shall enter into force including these General Terms and Conditions. Jobstoday reserves the right to rescind any agreement concluded with the Client, who is not consumer (a natural person who does not carry out business activities), by an employee or an agent of Jobstoday or via the Internet without expression of cause and without liability for damages within 14 days, unless Client started to perform the contract. In case of a use of the services contrary to the agreement, unlawful or immoral on part of the Client or in the event that the Client gives cause for a complaint due to submitting poor quality information to Jobstoday, such as advertisement data, Jobstoday shall be entitled to immediately withdraw from the agreement without compensation consequences and to cease the provision of services without prior notice to the Client. In such a case the price already paid in advance for a fixed term shall be forfeited, without the Client having any claim to the reimbursement thereof. No legal right of return exists.

The Client enters into the Agreement with Jobstoday by clicking during the Registration process in the registration form of the "Register Now" field and after accepting the "Terms & Conditions", "Jobstoday Privacy Policy" and consenting to the processing of personal data by Jobstoday and consenting to transfer personal data by Jobstoday to companies that make it possible for Jobstoday to operate www.jobstoday.world.
The Terms & Conditions are an integral part of the Agreement.
To enter into the Agreement, it is necessary for the Client to have an active e-mail account and access to the Internet.
Together with the conclusion of the Agreement, the Client registers on the Website. The Registration Form is available at https://www.jobstoday.world/en/registration/. Registration is free.
The data provided during Registration is an integral part of the Agreement.
The Client undertakes to maintain an active e-mail account provided at the conclusion of the Agreement for the entire duration of the Agreement. Jobstoday is not liable for damages resulting from failure to fulfill this obligation.

Special Provisions for Agency Clients - Individual Agreement

Should the Client be an agency, the following additional provisions shall apply:

An agency is a Client who does not buy products or services of Jobstoday for immediate self-use, but to be used by third parties.
The agency shall assign the rights to the products and services acquired from Jobstoday against payment to a third party insofar as the assignee uses the products or services directly himself. Another assignment, especially to other agencies, is excluded. The agency is obliged to call the attention of any third party to which it assigns the products and services of Jobstoday to the prohibition of further assignment.
The agency assumes a no-fault warranty liability concerning Jobstoday for the observance of the prohibition of further assignment pursuant to letter b) sentences 2 and 3 Should products or services continue to be used in violation of the further assignment prohibition, Jobstoday shall be entitled to the payment on part of the agency of the difference between the agreed price and the standard price according to the relevant price list plus a penalty of 10% on the resulting total price, with the rights reserved to the agency to prove that only a minor damage has resulted.

07

Changes and Agreements

Changes in the Contractual Conditions

Once the Client has signed an agreement or agreed to the receipt of services and/or products via the Internet, the agreement in question shall enter into force including these General Terms and Conditions. Jobstoday reserves the right to rescind any agreement concluded with the Client, who is not consumer (a natural person who does not carry out business activities), by an employee or an agent of Jobstoday or via the Internet without expression of cause and without liability for damages within 14 days, unless Client started to perform the contract. In case of a use of the services contrary to the agreement, unlawful or immoral on part of the Client or in the event that the Client gives cause for a complaint due to submitting poor quality information to Jobstoday, such as advertisement data, Jobstoday shall be entitled to immediately withdraw from the agreement without compensation consequences and to cease the provision of services without prior notice to the Client. In such a case the price already paid in advance for a fixed term shall be forfeited, without the Client having any claim to the reimbursement thereof. No legal right of return exists.

Jobstoday reserves the right to change the Terms & Conditions for important reasons. Important causes are:
1. changing or introducing legal provisions regarding services provided by Jobstoday,
2. extending, changing or limiting the functionality of services, changing the rules for the use of services by the Client, introducing new services, resignation from performing certain activities that are the subject of services provided by Jobstoday,
3. changes to the website www.jobstoday.world resulting from:
  - improvement of the website,
  - changes introduced by entities with whom Jobstoday cooperates in the performance of the Agreement,
  - changes of software providers that affect the functionality of the website.
Amendments to the Regulations shall be communicated to Clients on the website www.jobstoday.world and to the Client's e-mail address provided during registration.
Amendments to the Terms & Conditions shall be deemed accepted by the Client if the Client does not submit a written objection to such changes within 30 (thirty) days from the moment they are posted on the Website and communicated to the user via electronic mail. The Customer should immediately familiarize himself with the changes, after publishing information on changes in the Terms & Conditions on the Website.
The Client has the right to terminate the Contract with immediate effect within the period specified in point 3. The Client does not bear any costs resulting from the termination of the Agreement. If the Customer objects to amendments to the Terms & Conditions but fails to terminate the Agreement, it expires on the day preceding the expiry of the deadline referred to in point 3.
The amendment to the Terms & Conditions consisting in extending the functionality of the services provided by Jobstoday does not require the use of the procedure specified in point 3, unless it changes the rules of the services provided to the Client under the Agreement concluded with them.

Changes in the Service Offer

Jobstoday reserves the right to change its service offer at any time without prior warning and/or notice or to discontinue its services in full or in part. Such a change in the service offer or its cessation shall not entitle the user to assert any claims against Jobstoday. However, in case of significant changes or cessation of the service offer, Jobstoday shall strive to provide the user with an equivalent offer.

Non-Assigment Clause

The Client may not assign the contractual relationship with Jobstoday without the written consent of Jobstoday to a legal successor, nor can claims from the contractual relationship with Jobstoday be assigned to third parties without the written consent of Jobstoday.

Term of the Agreement and Storage of Data

Premature termination of an agreement concluded fora fixed term, or a minimum term is excluded. In particular, in case of early cancellation of job advertisements, profiles or data, full compensation shall be due, and the user shall not be entitled to a refund of payments already made. This principle shall also be applied in the case of cancellations or suspensions implemented by Jobstoday on the basis of these General Terms and Conditions or other contractual clauses.

After the end of the agreement, Jobstoday shall have no obligation to store the data and documents provided or to return them to the user, unless storage or returning has been expressly agreed.

08

Data Protection and Usage

Confidentiality of Private Data and Additional Services

Each party undertakes to comply with the specific provisions of this confidentiality agreement and not to disclose them to third parties without the prior written consent of the other party (except for professional advisers and/or affiliates under obligation of confidentiality) insofar as disclosure is not required by law. Jobstoday is obliged to comply with all currently applicable, applicable data protection regulations in accordance with the Privacy Statement. To protect the integrity of the websites, Jobstoday reserves the right to disclose the Client's contact details when prompted to do so by the regulatory authority or executing authorities. Jobstoday shall also have the right to transfer the contact information in case a complaint about the Client’s use of the website is received and insofar as the use is suspected to be a breach of contract.
The Client may accept informing him by Jobstoday by email about details on enhancements to services, major new features or other promotional announcements (including surveys).

Permitted uses

The Client alone is fully responsible for the content of his advertisements and profiles. He warranties that the information contained therein is correct and current.

Only those job advertisements or profiles that serve for an intended candidate search and comply with all legal requirements shall be permitted on the web pages of Jobstoday. Job advertisements or profiles shall not infringe third-party intellectual property rights, personal rights or other rights of third parties (see also Data Protection). The Client acknowledges and accepts that he cannot post illegal content on Jobstoday, particularly content that is racist, pornographic or infringes personal privacy.

Compliance with regulations

The user agrees to use the platforms of Jobstoday and its partner platforms only in full compliance with all applicable legal requirements. Placement agencies and temporary employment agencies undertake in particular to have a valid operating permit and to submit a copy thereof to Jobstoday upon request.

08

Applications

Applications from Job Seekers

Job seekers are committed to read our Privacy Policy carefully before entering their personal information. We draw your attention to the fact that our Clients may use personal information for other purposes as those indicated in their advertisement. We have no control whatsoever over this situation. Job seekers agree to share their resume & other documents with Job publishers & the Job publisher has the right to consider them for other Job offers & send them personalised offers. Job seekers are under no obligation to accept any employment offer, which they do not feel comfortable about. You should also verify the identity of the recipients of your personal data yourself. For example, you should not send personal information to a private email address of any recruiters. We also advise you to be extremely careful with transmitting sensitive information to recruiters. Take extrmee precautions before sharing sensitive information like for example, passport, identity card number, social security number, credit card number or bank accounts.

Application Guarantee

Jobstoday offers 100% application guarantee on all of its domains for any paid Jobs posted.

Following conditions apply for HTML Jobs with application process via Jobstoday Website:

If any Job advertisement does not receive any single application during its validity period, then the Job validity is extended without any extra charge for the same period that it was purchased for.

Following conditions apply for HTML Jobs with application process via Jobstoday Website:

Minimum 10 views are guaranteed. If the number of views are not achieved during the validity period, then the Job advertisement is extended without any extra charge for the same period that it was purchased for.

11

Liability

Obligations to Cooperate/Liability for Illegal Client Content

The Client shall provide Jobstoday with all information and data materials relevant to the order immediately after signing the agreement in a full, proper and directly usable form, unless expressly agreed otherwise.
The Client shall provide Jobstoday with the warranty that he holds all necessary rights to use the data materials, including their individual components and to store, reproduce, modify, make them available to the public, transmit them and also the rights to transfer these to third parties. The Client expressly grants Jobstoday the necessary rights for publication.
Jobstoday is not responsible for any content provided by the Client or a third party. In particular, Jobstoday is not obliged to control the content or linked sites for possible legal violations.
Insofar as the Client obtains knowledge about an infringement or abuse or claims related to the data materials asserted against him by third parties, the Client shall immediately notify Jobstoday and promptly take appropriate countermeasures. Jobstoday shall have the right to suspend publication until a final clarification between the Client and third parties is reached.
Should third parties submit a claim against Jobstoday for alleged violations of the law resulting from the data materials provided or the contents of linked pages, the Client shall be voluntarily obliged, regardless of a possible responsibility, to release Jobstoday from any liability and to indemnify Jobstoday for the costs incurred related to the claim concerning possible infringement of rights, in particular the costs of legal defense.

The Client undertakes to assist in the legal defense of Jobstoday to his best efforts and with information and documentation insofar as possible. Further claims by Jobstoday remain unaffected.

Obligations to Cooperate/Liability for Illegal Content of Job Seekers

The user shall make sure that he sends us no data attachments containing viruses or worms. As a rule, personal data transmitted to Jobstoday, shall not include the following:

Information on diseases, insofar as they are irrelevant for the job in question (except for danger of contagion)
Information about possible pregnancies
Information about ethnic origin, political, religious or philosophical beliefs, trade union memberships and sexual orientation or identity
Information that is defamatory or degrading
Information having no reasonable relation to the requirements of a job posting

The information provided to us shall be truthful and shall not infringe any third party rights, public law regulations or offend morality ("Illegal Content").

Liability of Jobstoday

Jobstoday shall provide the services carefully and professionally. However, Jobstoday cannot accept any liability for uninterrupted availability or absence of faults of such services. Jobstoday shall especially not be liable for any service interruptions or technical faults and the consequences resulting therefrom.

Job advertisements and profiles available on the platforms of Jobstoday are submitted by the respective users and Jobstoday can therefore assume no responsibility for the accuracy or completeness of this information.

Jobstoday strives to prevent unauthorized exploitation of the content published on its platforms by third parties. Nevertheless, any liability of Jobstoday for unauthorized processing or exploitation by third parties is expressly excluded.

Jobstoday can assume no guarantee for the success of a job advertisement or availability of a profile. In any case, the liability of Jobstoday is limited to unlawful intent or gross negligence. Any liability for indirect or consequential damages is excluded.

Liability of the Client

The Client shall be responsible for the legality, accuracy and completeness of the contents provided for publishing on the platforms of Jobstoday and its partners or informed by him. He shall be responsible for the careful and confidential storage of his user data (in particular user names and passwords), and for all activities incurred using his access. The user shall be liable, regardless of his actual responsibility towards Jobstoday, for all damages and costs incurred as a result of a breach of these General Terms and Conditions or other contractual elements and releases Jobstoday from all claims by third parties as a result of his use of the platforms of Jobstoday and its partners. The damage to be compensated includes reasonable legal costs. Jobstoday shall inform the user immediately if a third party submits a claim.

11

Miscellaneous

Each party is obliged, in connection with the use or performance of the services, to comply with the applicable laws, including labor and data protection regulations. The Client is also obliged not to take into account any candidate information concerning age, gender, religious beliefs, health, sexual orientation or ethnicity or any other information of this type when making hiring decisions.
Each contracting party shall act as an independent contracting party and no provision of this agreement shall be construed as the establishment of a company, a joint venture or other forms of representation between Jobstoday and the Client or any of his employees or authorized representatives.
No party to this agreement shall assign it in whole or in part without the prior written consent of the other party by means of a merger, sale or transfer of new-design/assets or shares or in any other way. Except, in the case of Jobstoday, the assignment in connection with a merger, consolidation, reorganization or sale of all or substantially all of the new-design/assets or the transfer to a party that controls Jobstoday, is controlled by Jobstoday and is subordinated to Jobstoday subordinate or under joint control with Jobstoday ("permitted assignment"). Neither party has relied in entering into this agreement on representations or warranties that are not expressly mentioned in this agreement. Failure or delay in exercising a right or remedy provided for in this agreement by either party shall not constitute a waiver of that right or remedy, nor shall a single or partial exercise or failure to exercise a right or remedy cause the exclusion of the exercise of this or any other right or remedy arising from this agreement at another or later occasion. Should one or more obligations derived from the terms of this agreement be or become invalid due to legal or factual reasons, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to cooperate in reaching a settlement in which the invalid contractual provision shall be replaced by a legal and actually admissible and effective provision in order to achieve the intended objective of the invalid provision. The same applies to the filling of gaps in the agreement.
This agreement and its interpretation are subject to Spanish law with exclusion of the uniform UN sales regulation. The exclusive place of jurisdiction is Spain. All notices under this agreement shall be sent:
- by e-mail by email to [email protected] and the to the Client's address indicated during registration,
- by registered letter with acknowledgment of receipt or by overnight courier to the address specified in each order form or during registration and shall be deemed to be effective on the date on which they arrive.

12

Risk and Severability Clause

Risk

The Client shall bear all risks occurring as a result of tampering with his computer system, due to malfunction of his computer system and/or as a result of an improper use of access rights.

Severability Clause

Should any provision of this contract be ineffective, the validity of the remaining provisions shall be unaffected. The parties are obliged to replace the invalid provision with a valid provision as close as possible.