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Terms of Use / General Terms and Conditions

Preamble

  1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the entire business relationship between CryptoExplorer GmbH (hereinafter referred to as “CryptoExplorer”) and a company (hereinafter referred to as “Partner”) and regulate the mutual rights and obligations between the contracting parties.
  2. Deviating, conflicting or supplementary GTC of the Partner, even if known, will not become part of the contract unless their validity is agreed in writing by CryptoExplorer.
  3. This document is divided into a “General Part” and a “Special Part”. The general part regulates the basic relationship between the contracting parties, the special part regulates the individual product specifications.

General Part

  1. Subject of the contract
    1. CryptoExplorer offers the Partner different products to choose from:
      1. Job advertisements: job advertisements of the Partner are published on the website and in partner and distribution channels of CryptoExplorer. In addition, there is the possibility that the partner is not mentioned for the time being.
      2. Candidate Search: CryptoExplorer offers the partner the possibility to access data stored by candidates on the CryptoExplorer website and to contact candidates directly.
      3. Employer Branding: CryptoExplorer offers the partner space to publish an employer presentation and thus supports them in building an “employer brand”.
    2. CryptoExplorer’s products and services can be used on current devices, browsers and operating systems. However, CryptoExplorer does not commit to support specific versions, devices or software. The specifications of interface based products, will be given by CryptoExplorer and announced before conclusion of the contract.
  2. Contract conclusion
    1. The conclusion of the contract between the Partner and CryptoExplorer takes place through the purchase of one of the products offered on the website or through a (non-binding) written offer by CryptoExplorer and acceptance by the Partner (“Order”).
    2. The price can be calculated individually iSd § 22 (3) Z 1 Services Act on the basis of the information provided by the Partner and displayed or communicated. Only the prices specifically agreed and invoiced in the individual case for the specified service period shall be decisive.
    3. The Partner shall be bound by the order placed by it. After receipt of this order by CryptoExplorer, the Partner cannot revoke (cancel) his order.
    4. CryptoExplorer is entitled to refuse the conclusion of a contract without giving reasons.
    5. If the contract includes a publication, this will take place after the conclusion of the contract at the agreed time. If no publication date has been agreed upon, the publication will take place as soon as possible upon request of the Partner.
    6. After conclusion of the contract, the Partner shall receive access to an individual account (administration portal).
  3. Rights and obligations
    1. The purchased products may only be used for the Partner’s own purposes and may not be advertised or sold to third parties.
    2. The Partner can hand over own materials, such as photos, videos, advertisements, job advertisements and other contents, logos, brands etc. to CryptoExplorer under the conditions of point 4. of these GTC, which may be taken over, edited and published by CryptoExplorer, but do not have to. The Partner assures that no legal or other regulations or rights of third parties are violated by the materials and is solely responsible and liable for the complete delivery of flawless, suitable and permissible materials. The publication of own tracking codes and interactive elements is not permitted. Any delays of content or technical nature caused by the partner are not the responsibility of CryptoExplorer.
    3. Materials produced by competitors of CryptoExplorer are excluded from this further use by CryptoExplorer. Competitors are companies and public institutions/corporations that offer their services in the same or similar business fields as CryptoExplorer or whose legal mandate or factual activity extends to these fields. This applies especially to video integration of such videos, but also to other content containing textual, pictorial, contextual or other references to competitors.
    4. Links to other external websites of third parties, which are not part of the agreement between CryptoExplorer and the partner, can be removed by CryptoExplorer at any time and without further information.
    5. CryptoExplorer is under no obligation to review any of the materials provided at any time. CryptoExplorer assumes no liability, regardless of the legal basis, such as for any illegal content, violation of rights of use or the like. In case of claims against CryptoExplorer by third parties, the Partner indemnifies and holds CryptoExplorer harmless in its entirety.
    6. CryptoExplorer is also not liable for the completeness, topicality, correctness or other quality of the presented materials, regardless of whether CryptoExplorer has created them itself or has been provided by the Partner. In case of a claim against CryptoExplorer by a third party, the Partner shall indemnify and hold CryptoExplorer harmless in its entirety.
    7. CryptoExplorer can make changes to the released content published on CryptoExplorer during the publication period at the request of the Partner, provided that this is reasonable from a technical and content point of view. After publication of the contents, change requests of the Partner are subject to payment.
    8. CryptoExplorer is entitled to publish advertisements, employer profiles, etc. within the framework of cooperation on the platforms of the cooperation partners, especially investment companies of CryptoExplorer. Furthermore, CryptoExplorer is entitled to publish the job advertisements in any other medium of its choice or to have them published by third parties. The choice is left to CryptoExplorer.
    9. CryptoExplorer is not obliged to keep data and other materials after termination of the contract.
    10. CryptoExplorer will, in the event that a third party asserts claims, in the sense of “notice and take down” until the facts of the case have been clarified, take any illegal content offline, in particular content that infringes copyrights and trademarks or brands. CryptoExplorer is not obliged to inform the Partner about this measure. The payment claim of CryptoExplorer remains valid even if the content is put offline. If the measure turns out to be not necessary, CryptoExplorer will extend the contract period by the period of offline placement.
    11. CryptoExplorer is entitled, at its own free discretion, to require advance payment for orders as a condition for the provision of services.
    12. The contracting parties are obligated to immediately process data protection inquiries on the part of affected persons that reach them directly or via the other contracting party and to take appropriate measures in a timely manner. The measures shall be confirmed in writing to the other contracting party upon completion.
  4. Rights of use and intellectual property
    1. The Partner grants CryptoExplorer an unrestricted right to use all materials provided by the Partner for the duration of the business relationship between the Parties. CryptoExplorer is entitled to use these materials within the scope of business activities for all distribution and partner channels to promote the Partner and CryptoExplorer, but also to edit the materials. After the end of the business activity, the Partner can revoke the right to use the work, whereupon CryptoExplorer will – where technically possible – remove the content.
    2. The Partner guarantees to dispose of all necessary rights of use and exploitation of all materials he provides, as well as in particular the consent of any depicted persons for publication. In the event of a claim against CryptoExplorer by a third party, the Partner shall indemnify and hold CryptoExplorer harmless in its entirety.
    3. The Partner’s right to use the content created or edited by CryptoExplorer ends with the termination of the corresponding contract.
    4. If the Partner loses his right of use or exploitation, he is obliged to inform CryptoExplorer of this circumstance immediately in writing.
    5. All intellectual property rights, in particular, but not exclusively, copyrights or trademark rights as well as non-protected inventions or know-how, and exploitation rights derived therefrom remain with CryptoExplorer. If the product of CryptoExplorer includes software, the Partner only receives the right to use the software exclusively for his own purposes within the scope of the acquired licenses. The Partner may not copy, modify, sell, distribute or rent the services or software or parts thereof provided by CryptoExplorer. Furthermore, the Partner may not reverse engineer, extract or in any way corrupt the source code used.
  5. Confidentiality Agreement
    1. The Partner agrees to keep all data and information received in the course of the business relationship with CryptoExplorer confidential and not to make it available to third parties. This obligation remains valid beyond the termination of the business relationship.
    2. Likewise, CryptoExplorer and its employees shall keep confidential any information of the Partner which is independent of the business relationship and which they learn by chance, e.g. at the Partner’s location.
    3. The partner agrees to comply with all data protection and privacy regulations. Depending on the product, the contracting parties will conclude appropriate data protection agreements in this regard. In the event of a claim against CryptoExplorer by third parties for violations by the Partner, the Partner shall indemnify and hold CryptoExplorer harmless in its entirety.
  6. Invoicing, terms of payment and interest on arrears
    1. For the price determined in accordance with item 2.2. of these GTC, invoicing shall take place immediately after conclusion of the contract and shall be sent to the Partner by e-mail. The Partner expressly consents to the transmission of electronic invoices (§ 11 para. 2 UStG) by e-mail. In the absence of any other agreement, the invoice is due for payment without deductions within 14 days of delivery.
    2. Payments to CryptoExplorer must be made with debt-discharging effect exclusively to the account named by CryptoExplorer in the invoice. For the timeliness of the payment, the credit entry on the account announced by CryptoExplorer is decisive.
    3. In the case of delayed payment, interest on arrears in the amount of 9.2% above the base interest rate is agreed.
    4. For each reminder CryptoExplorer charges a flat fee of EUR 40.00. Furthermore, the Partner is obligated to reimburse, in addition to the default interest, all appropriate procedural and extra-procedural costs of collection, including the costs of a lawyer consulted by CryptoExplorer.
    5. Claims asserted by the Partner do not entitle him to withhold agreed payments. The set-off with counterclaims or the withholding of payments by the Partner – for whatever reason – is excluded and inadmissible in any case.
  7. Duration of the contract
    1. Contracts are concluded for a specific period of time depending on the product and end without further action by the contracting parties. Products not called within the specified period expire.
    2. Independent of the main contract, the Partner’s account remains valid and can be used, for example, as an administration tool. The use of the account or free products without main contract can be revoked by CryptoExplorer under observance of a reasonable warning period. CryptoExplorer reserves the right to change the free services at any time or to remove them from the product portfolio.
    3. Each contract can be terminated immediately and without notice in case of an important reason. Important reasons are for example, not conclusively, if
    4. a contracting party violates relevant provisions of these GTC;
    5. the business activity is discontinued irrespective of the reasons
    6. the Partner violates applicable data protection provisions, in particular those affecting the rights of data subjects (for example, failure to delete);
    7. the Partner makes materials available although it does not hold sufficient rights to use them;
  8. Warranty, compensation and liability
    1. Despite the greatest possible care on the part of CryptoExplorer, the Partner acknowledges that, according to the state of the art, it is not possible to create a completely error-free program. Errors in the display of the requested information are not present if this is caused by the use of unsuitable display software and hardware and failures in the communication network.
    2. CryptoExplorer assures usual possibilities of access to the web pages. However, the Partner is aware that permanent availability (24/7) – also due to maintenance work on programs and hardware – cannot be guaranteed. Maintenance work, updates or similar work will be carried out by CryptoExplorer, if possible, in such a way that downtimes do not occur or are kept as short as possible.
    3. CryptoExplorer is not liable in case of temporary inaccessibility of the web pages, especially if this is due to failures in communication or other networks or third party providers.
    4. CryptoExplorer is only liable in case of intent or gross negligence. Compensation for loss of profit by CryptoExplorer is excluded in any case. This limitation of liability does not apply to damages under the Product Liability Act or to personal injury.
  9. Consent to receive advertising
    1. The Partner agrees to be contacted by CryptoExplorer regarding all products and services for partners of CryptoExplorer by email, other means of communication, e.g. social media or also by phone.
    2. The Partner is entitled to revoke this consent at any time and without justification by informing CryptoExplorer in writing, by e-mail to support@cryptoexplorer.cc or by using the unsubscribe link in the respective newsletter.
  10. Final Provisions
    1. The exclusive place of jurisdiction for disputes arising from or in connection with the business relationship shall be the competent court in Vienna (Austria).
    2. The business relationship shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules.
    3. The authoritative language for all information and GTC as well as for communication with the Partner shall be English. Foreign language documents of any kind are to be submitted to CryptoExplorer upon request also in English or German language translation, certified by a court sworn translator upon request. The costs for this shall be borne by the Partner.
    4. The Partner is obliged to inform CryptoExplorer immediately about any changes in his contact details. Until this time CryptoExplorer is entitled to send all communications from this contractual relationship to this last announced contact data. In addition, the customer must always keep e-mail addresses ready to receive messages from CryptoExplorer (in particular, he must adjust the security settings of his computer system accordingly). Messages that have been sent to the last known contact data are considered as delivered.
    5. Messages from the Partner are to be sent to the addresses listed in the imprint of the CryptoExplorer website (https://www.cryptoexplorer.cc).
    6. Should any provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
    7. Verbal side agreements do not exist. All agreements, subsequent amendments, supplements, collateral agreements, etc. must be in writing to be valid. This shall also apply to any waiver of the written form requirement. All declarations made by e-mail shall be in writing.

Special Part

Depending on the product, the following additional provisions apply to the individual products

  1. Job advertisements
    1. CryptoExplorer creates a job advertisement according to the partner’s specifications or the partner creates a job advertisement by himself. CryptoExplorer also offers the possibility of a job advertisement, where the partner is not mentioned by name.
    2. Job advertisements of partners are only published on CryptoExplorer if they are clearly (especially in the design) job advertisements of the respective partner. In the case of personnel service providers, the publication of a logo of the customer for whom the job advertisement is published can be purchased.
    3. Each job advertisement may only contain one position or a matching job description. The content must relate to a specific vacant position or activity. Personnel service providers may only use one job advertisement for one company and one specific vacant position or activity.
    4. Video files of the partner will be integrated into the job advertisement of the partner without additional costs – as far as no additional services of CryptoExplorer are required for the integration of the videos. If additional services of CryptoExplorer are required for the integration, the costs will be charged to the partner according to the actual effort.
    5. Changes after publication of the job advertisement are possible according to point 3.6. of the GTC. Inadmissible are changes that affect the identity of the advertisement, especially the title of the job advertisement, so that in case of a change not the original but a new job would be advertised and/or changes that affect the identity of the content, especially the legal entity, so that in case of a change not the original but a new employer would use the service.
    6. Reference is made to item 3.2. of the General Terms and Conditions. The Partner undertakes in particular to design advertisements in accordance with the Equal Treatment Act. This also includes stating the applicable minimum wage under the collective bargaining agreement or the applicable minimum wage basis for the advertised job and indicating the willingness to make an overpayment, if such exists. In the event that CryptoExplorer is held liable by third parties for violations by the Partner, the Partner shall indemnify and hold CryptoExplorer harmless in its entirety.
    7. CryptoExplorer reserves the right not to publish job advertisements or to change, deactivate or delete them at any time, if they violate legal or official prohibitions, these GTC or morality or if the publication is unacceptable for CryptoExplorer for other reasons. This is for example, but not exclusively, the case, if uninvolved users may suspect that the publication on CryptoExplorer is
  • is abusive, i.e. has been made for a purpose other than the agreed purpose (application of the partner as an employer or similar), or
  • could lead to damage or impairment of the functionality of the website, or
  • could otherwise lead to serious violations against relevant corporate interests of CryptoExplorer.

It is also prohibited to

  • Advertising for participation in illegal structure distributions;
  • Offers of employment for pornographic and erotic services;
  • Offers in which applicants have to make financial advance payments for products or events without the binding assurance of employment;
  • Offers that require applicants to register in advance or attend continuing education and training courses without a direct chance of employment.
  • If CryptoExplorer takes a job advertisement offline according to this point I.9., CryptoExplorer is not obliged to compensate for the elapsed or remaining term.
  1. In the sense of the prevailing data protection laws, in this product form the Partner is the responsible party and CryptoExplorer is the processor iSd DSGVO. The corresponding privacy policy is deemed to be agreed upon between the contracting parties.
  2. Candidate search
    1. CryptoExplorer offers the partner the possibility to access the data stored by candidates on the CryptoExplorer website and to contact candidates directly. Candidates are automatically generated via an algorithm based on the information in the job advertisement, or the Partner has the option to find candidates via a manual search. CryptoExplorer does not guarantee that only suitable candidates will be suggested and/or found. In addition, the partner initially only sees an anonymous candidate profile and contacts the anonymous candidate directly exclusively via CryptoExplorer. Only if the candidate agrees, the partner receives personal data. CryptoExplorer cannot influence the release and does not guarantee that a candidate will respond; neither can CryptoExplorer verify the accuracy of the candidate’s information. CryptoExplorer merely provides the platform to connecting.
    2. In terms of the prevailing data protection laws, in this product form both the Partner and CryptoExplorer are responsible persons iSd DSGVO. The corresponding privacy policy is deemed to be agreed upon between the contracting parties.