GENERAL TERMS AND CONDITIONS

Workwide AB (hereinafter "Workwide") provides digital marketing services for international employment advertising. These general terms and conditions (“General Terms and Conditions”) form an agreement between the employment advertiser (“the Advertiser”) and Workwide regarding the Advertiser's use of Workwide's services (“Workwide’s Services”).

The term Workwide´s Services refers, inter alia, to the following;

• Employment advertising of vacancies on Workwide's websites and related services,
  including but not limited to, "Popular jobs" (“Advertisements"),
• Promotions by e-mail regarding Advertisements, recruitment events or recruitment projects,
• Published articles on Workwide's websites,
• Banners on Workwide's websites,
• "Professional Bundles" containing variations of the above-mentioned partial services,
• "Business Bundles" containing variations of the above-mentioned partial services,
• "Enterprise Bundles" containing variations of the above -mentioned partial services,
• Additional services in the form of purchase of advertising space from third parties, on behalf of the Advertiser regarding other languages and markets than where Workwide operates. The special regulations regarding purchases from third parties can be found in section six (6) below.

 

1. ORDER

By ordering Workwide's Services, the purchaser assures that it has the authority to enter into an agreement with Workwide on behalf of the Advertiser.

Workwide’s Services are, unless otherwise stated, provided for a period of 12 months from the execution date of the agreement.

Individually purchased Advertisements are published until the last day of application, as agreed between Workwide and the Advertiser, however, no longer than 30 days. If the Advertiser wishes to extend the time for the Advertisement's publication, this is regarded as a new Advertisement with separate fees.

The Advertiser's order is binding from the time it is received by Workwide.  

For the sub-service Popular Jobs, a maximum limit of three Advertisements during the same time applies per Advertiser on Workwide’s website for any specific country.

2. PAYMENT TERMS

Invoice is made via e-mail upon receipt of the order. The invoice must be paid within 20 days from the invoice date, unless otherwise is agreed in writing. Any remarks on the invoice should be made immediately. In case of late payment, a late payment fee of 40 euros (EUR) is added to the invoice as well as interest at the at each time applicable reference rate + 8.00%.

In the event of late payment, Workwide reserves the right to immediately withdraw all published Advertisements and cancel any remaining Advertisements in a campaign package without prior communication.

Workwide reserves the right to require that payment is received by Workwide before publication of the Advertisement. Workwide also reserves the right to refuse to publish additional Advertisements from Advertisers with unpaid invoices from Workwide.

3. ADVERTISERS RESPONSIBILITY

 

3.1. Advertisement requirements

All Advertisements are reviewed by Workwide before publication. The Advertisement must meet Workwide's technical and editorial requirements, which can be found under point 3.2 (Technical and Editorial Requirements). If Workwide considers that the Advertisement fails the review, the Advertiser is given an opportunity to adjust the Advertisement for a new review. Workwide also reserves the right to change the contents of the Advertisement, if Workwide considers that this will improve the quality of the Advertisement. If an Advertisement does not pass the review, and is not adjusted by the Advertiser, no refund will be made. The fact that Workwide changes the Advertisement does not mean that the Advertiser is entitled to a refund of the fee.

The Advertiser undertakes not to;

• in any form transmit to Workwide, material that violates the GDPR or Workwide’s Data Protection Policy;
• in any way deal with content from Workwide’s Services other than what is permitted according to the General Terms and Conditions;
• use data collection methods from Workwide’s Services, with the exception of statistics regarding the number of applications;
• make existing information on Workwide’s Services available on other commercial platforms;
• excessively burden the infrastructure of Workwide’s Services;
• try to penetrate or test the vulnerability of Workwide’s Services;
• change the text of the Advertisement more than three times during the advertising period; or
• change the text of the Advertisement to any other position than the one originally stated.

 

3.2. Technical and Editorial Requirements

Language:

• All job advertisements must be in either English or the language of the country where the website is primarily operated.

Job Promotion:

• The advertisement must promote a specific job opening.
• The job opening must be a legitimate, existing position within the advertiser's organization.

Legal Compliance:

• The advertised job must comply with all applicable local, national, and international laws and regulations.
• The advertised job must not be in a sector or industry that is illegal or unethical.

Content Quality:

• The advertisement must be clear, concise, and easy to understand.
• The advertisement must be free of any discriminatory, offensive, or harmful content.
• The advertisement must accurately represent the job and the employer.

Technical Requirements:

• The advertisement must adhere to Workwide's technical specifications, including file formats and image dimensions.
• The advertisement must be submitted in a Microsoft Word, PDF, or equivalent document format.
• Images, if included, must be in PNG or JPEG format.
• The advertisement must include a valid email address or an Applicant Tracking System (ATS) URL where applicants can submit their applications.
• The advertisement must be compatible with Workwide's platform and devices.

Fair Practices:

• The advertiser must comply with all applicable fair hiring practices and equal opportunity laws.
• The advertiser must not engage in any fraudulent or misleading practices.

Data Privacy and Security:

• The advertiser must comply with all applicable data privacy and security laws, including GDPR.
• The advertiser must not collect or process any personal data of job applicants without their explicit consent.

By submitting an advertisement, the advertiser agrees to comply with these technical and editorial requirements. Workwide reserves the right to reject or remove any advertisement that does not meet these standards.

 

3.3 Inappropriate Advertisements

The Advertiser is responsible for ensuring that the Advertisement complies with the following rules;

• The content of the Advertisement shall not be in conflict with law, good market practice, Workwide’s Data Protection Policy or other applicable rules.
• The Advertisement shall not be offensive, for example by containing or encouraging any form of slander, agitation against an ethnic or national group, pornography, violence or similar.
• The Advertisement shall, unless otherwise agreed, only refer to an offer of employment to one type of position.
• The Advertisement shall, unless otherwise agreed, only refer to an offer for employment at one location, which shall correspond with the location where the work is to be carried out.
• The Advertisement shall only refer to an offer of employment in a business and cannot refer to an employment or an assignment from a private individual who does not conduct economic activities.
• The Advertisement must be sufficiently descriptive in order to enable application for the employment based on the information in the Advertisement.
• External links to anyone other than the Advertiser or the relevant employer are not allowed in the Advertisement. However, it is permitted to include external links that lead to more detailed information about the place of employment.
• The contents of the Advertisement shall not infringe on other’s copyrights, patents, trademark rights or any other intellectual property rights.

Workwide may refrain from posting an Advertisement and has the right to, with immediate effect and without prior notice to the Advertiser, remove or modify a published Advertisement if Workwide considers that the Advertisement violates these General Terms and Conditions. Such removal or modification can, for example, occur if Workwide has reason to suspect that:

• The employer that the Advertisement is referring to applies unfair terms of employment;
• The employer that the Advertisement is referring to will not fulfil its obligations to the employee.
• The purpose of the Advertisement is to make the applicant pay for training, tests or similar to be considered for the job.
• The employer that the Advertisement is referring to conducts activities that may entail that the employees are expected to contribute to such activities that Workwide deems to be dishonest or that could be perceived as offensive.
• The Advertisement contains misleading information or is in other ways inappropriate.
• There are otherwise such circumstances that it may be considered inappropriate to take part in the Advertisement.
• The Advertisement does not refer to an employment outside the home country of the target group.
• The advertisement is not language-based or otherwise incompatible with Workwide’s Services.

The Advertiser shall compensate Workwide for direct and indirect damage that Workwide suffers as a result of an Advertisement not meeting the requirements of these General Terms and Conditions or as a result of the Advertiser otherwise violating these General Terms and Conditions. Workwide’s right to compensation also includes lawyer fees associated with invoking any claims regarding damages or other compensation. The right to damages or compensation also applies to situations when Workwide has reviewed an Advertisement before publishing it, without having objected to its content.

4. WORKWIDES RESPONSIBILITY

Unless otherwise is expressed, Workwide has no responsibility for ensuring that information in the material posted on Workwide’s Services is correct, relevant or complete.

Workwide has no obligation to take action against an Advertiser or regarding certain content on Workwide’s Services that violates these General Terms and Conditions.

The operation of Workwide’s Services may be disrupted by a number of factors outside of Workwide’s control. Workwide makes no guarantees regarding the functionality or availability of Workwide’s Services. Workwide cannot be held liable for any damage that may occur to the Advertiser due to such disturbances, problems or faults. Workwide does not guarantee continuous, uninterrupted or secure access to Workwide’s Services.

Workwide assumes no responsibility for the result or outcome of the Advertiser’s publication of Advertisements. The Advertiser is solely responsible for published Advertisements. Workwide cannot be held responsible for decisions on employment or similar issues.

The Advertiser understands and accepts that the number of visitors to Workwide’s Services varies from time to time. Workwide can never guarantee a certain number of visitors.

Workwide shall not be responsible for the potential employees’ suitability for the advertised employment.

If an Advertisement is not published in accordance with these General Terms and Conditions, or is otherwise affected by faults  attributable to Workwide, Workwide’s liability to the Advertiser is in any event limited to a full or partial reduction of the fee for the Advertisement or, if Workwide considers it more appropriate, extending the publishing period.

 

5. REDISTRIBUTION OF THE ADVERTISEMENT

The Advertiser grants Workwide a free of charge, eternal and non-exclusive right for Workwide to use, process and distribute the Advertisement and parts of the Advertisement.

Workwide reserves the right to market itself, its websites and the Advertisements published at Workwide’s Services, e.g. by making the Advertisements accessible to the public in additional networks, websites and platforms.

Moreover, Workwide has the right to further license and transfer this right to another party.

 

6. THIRD PARTY ADVERTISEMENT

Third party advertisements are an additional service to Workwide’s Services, available for purchase by the Advertiser.

All Advertisements are reviewed before being submitted to a third party for publication. Workwide makes an initial review of the Advertisement before it is sent to the third party for further verification. The Advertisement must meet the requirements of the third party, which can be found on the third party’s website, in order to be published. The Advertiser is given the opportunity to adjust the Advertisement for a new review, in the event that the Advertisement does not pass the review by Workwide or the third party.

The fee will not be refunded if the Advertisement, after adjustment, still fails to pass the review, or that the third party refrains from publishing the Advertisement, or if the third party changes a published Advertisement, or if the third party deletes the Advertisement before the end of the agreed period due to the Advertiser’s non-payment, or if the Advertisement does not meet the set requirements, or if the Advertisement is otherwise inappropriate. If the Advertisement has been removed due to the Advertiser’s non-payment, Workwide shall still be entitled to payment by the Advertiser.

Furthermore, Workwide has no obligation to take action against a third party who chooses not to publish, change or delete an Advertisement.

The provisions on inappropriate Advertisements in section 3.2 are also applicable to this section.

7. WORKWIDES INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, know-how and documentation regarding Workwide’s Services belongs to Workwide. Intellectual property rights include, but is not limited to, copyright and other rights to images, films, information, logos, software, audio files, design, text and illustrations (“Workwide´s IP”).

Nothing in these General Terms and Conditions means that any of Workwide’s IP will be transferred to the Advertiser or that the Advertiser in any other way takes over Workwide’s IP.

The Advertiser is expressly prohibited from registering any of Workwide’s IP. All use of Workwide’s IP must be approved in advance by Workwide.

Unauthorized use of Workwide´s IP shall be considered a violation of these General Terms and Conditions. The use may also be viewed as a copyright infringement and lead to legal action.

 

8.The Advertiser’s INTELLECTUAL PROPERTY RIGHTS

The Advertiser grants to Workwide a non-exclusive right to use intellectual property rights, including but not limited to,  images, films, logos, sound files, designs, text and illustrations (“the Advertiser’s IP”), included in  the Advertisement that the Advertiser wish to publish through Workwide.

In the event that the purchaser of  Workwide´s Services is not the Advertiser, the purchaser assures, in connection with placing the order of Workwide’s Services, that the purchaser has been given permission by the Advertiser to grant Workwide a non-exclusive right to use the Advertiser’s IP in the Advertisement that the Advertiser wishes to publish through Workwide.

The licensing of the Advertiser’s IP refers to all the Services that the Advertiser and Workwide have agreed upon. The Advertiser warrants that the Advertiser’s IP sent to Workwide by the Advertiser for use in Workwide’s Services do not infringe any third party intellectual property rights.

Workwide shall also have the right to modify, and thereafter publish, the Advertiser’s IP if Workwide modifies an Advertisement in accordance with section 3.1.

In the event that the Advertiser or purchaser of Workwide´s Services has agreed with Workwide that Workwide has the right to apply for and use the advertisement space at a third party, the license for the Advertiser’s IP as stated in the first or second paragraph shall also apply to such advertising.

 

9. FORCE MAJEURE

Workwide is exempt from any sanction for failure to fulfill its obligations, if the failure is due to circumstances beyond Workwide’s control and that Workwide could or should not reasonably have foreseen at the time of ordering the Service, e.g. war, civil war, fire, flood, interruptions in public transport, disruption of public energy supply or similar circumstances.

10. TRANSFER

The Advertiser is not entitled, without Workwide’s written consent, to transfer or pledge, in whole or in part, its rights or obligations under the provisions in these General Terms and Conditions.

Workwide has the right, without the user’s consent, to transfer all or part of its rights and obligations to another company which is wholly or partially directly or indirectly owned by Workwide, or to a third party in connection with a transfer of ownership of the legal entity.

11. HEADINGS

The headings in these General Terms and Conditions are for editorial purposes only and shall not form the basis for the interpretation of the provisions of these terms.

12. FULL REGULATIONS

These General Terms and Conditions replaces any prior written or oral warranties, commitments and agreements between Workwide and the Advertiser.

 

13. CHANGE AND EXTENSIONS

Workwide has the right to change these General Terms and Conditions and will publish the amended terms on Workwide‘s website. Already existing Advertisers will be bound by the new terms 30 days after the earlier of the new terms being published on the website, or when the Advertiser is notified about the changes via e-mail.

Workwide may, at any time and without prior information, decide to terminate Workwide’s Services or replace Workwide’s Services with other services. In such case, Workwide reserves the right to terminate the Advertiser’s access to Workwide’s Services, which will occur after the Advertiser has received information about this. Any compensation paid in advance for advertising will in such cases be refunded.

14. PASSIVITY

 

Workwide’s omission to invoke that the Advertiser deviates from the General Terms and Conditions shall not mean Workwide has waived its rights, or that the terms are changed by inaction.

 

15. INVALIDITY OF PROVISION

If any provision of the General Terms and Conditions and/or the application thereof would be deemed invalid, shall this not entail that the General Terms and Conditions or the provision in its entirety is invalid. Instead, the provision should, as far as possible, be interpreted in accordance with the purpose of the General Terms and Conditions. If the Parties cannot agree on an amendment to a provision that is invalid, such provision shall be deemed to have been removed and the other provisions of the General Terms and Conditions and shall continue to apply.

 

16. PROCESSING OF PERSONAL DATA

Workwide processes personal data received in connection with the Advertiser’s use of Workwide’s services. Such processing is made in accordance with Workwide’s Data Protection Policy, see here. By the Advertiser’s use of Workwide’s services, the Advertiser is considered to have agreed to Workwide’s processing of personal data in accordance with the Data Protection Policy.

When personal data is transferred to a third country outside of EU/EEA, that does not ensure an adequate level of data protection, Workwide and the Advertiser ensure that the transfer is subject to the Standard Contractual Clauses as applicable and approved by the EU Commission, Schedule 1 (Controller to Controller) and Schedule 2 (Controller to Processor), in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer of personal data.

 

17. MESSAGES

Messages to the Advertiser shall primarily be sent by e-mail to the e-mail address previously used for communication with Workwide and addressed to the contact person with whom the Advertiser previously had contact with at Workwide. Other messages to Workwide shall be sent by e-mail to [email protected], while financial issues and matters shall be sent to [email protected].

 

18. COMPLAINTS

In order to be valid, claims for compensation must be directed to Workwide within thirty (30) days from the date on which the Advertiser became aware, or should have become aware, of the fact on which the claim is based.

 

19. LIMITATIONS OF LIABILITY

 

The Advertiser cannot invoke any other remedies against Workwide than stated in these General Terms and Conditions. Workwide’s liability is in any event limited to direct damages and shall not include indirect damages.

 

20. GOVERNING LAW AND DISPUTE RESOLUTION

Swedish law shall apply to these General Terms and Conditions, without regard to its conflict of law rules. Disputes arising from the General Terms and Conditions shall be settled by Swedish court where Workwide has its registered office.