Terms of use

A. Terms and Conditions for the Use of the YOUR MELLON Platform and its Services

§1 Definitions, Scope and Operator Information

(1) The following General Terms and Conditions (GTC) are addressed to employers and consumers (hereinafter uniformly referred to as “Users”) and apply to all offers and contracts of YOUR MELLON GmbH, Ludwig-Frölich-Straße 1-5, 37235 Hessisch Lichtenau, (hereinafter referred to as “Service Provider” or “YOUR MELLON”).

(2) Terms of use apply in particular to services of the internet platform yourmellon.com (hereinafter also referred to as “YOUR MELLON” or “Portal”), regardless of which internet domain, web application or web service is used or provided. Insofar as these GTC refer to yourmellon.com, this also refers to other internet domains, web applications or web services that refer to yourmellon.com or reflect the service associated with it.

(3) Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Employer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. Since the offer of yourmellon.com is directed at employers and employees or job seekers, consumers are also referred to as employees or job seekers and employers as employers in these term of use.

(4) YOUR MELLON’s offer is expressly not directed at temporary employment agencies and recruitment agencies or service providers. These are excluded from using the platform. The aforementioned providers are expressly prohibited from registering on the platform and using the services of YOUR MELLON. Violations will result in the immediate deletion of the user account and further legal action.

(5) Terms of use are divided into a general part for all users of the platform, which is regulated under A., and additional, special conditions for fee-based services and services for employers (YM services), which are regulated under B.. The service description, contract term and prices for the individual YM services of YOUR MELLON are regulated under C. All contracts are hereinafter uniformly referred to as the “Terms of use”.

(6) The responsible service provider and contractual partner for all contracts associated with the use of the yourmellon.com website and other YOUR MELLON websites is YOUR MELLON GmbH, Ludwig-Frölich-Straße 1-5, 37235 Hessisch Lichtenau. Further contact details and information on the provider identification can be found in the imprint at https://yourmellon.com/impressum.

(7) By registering on yourmellon.com, the user accepts these terms of use. Deviating regulations do not apply, unless expressly agreed otherwise. Individual contractual agreements always take precedence over these terms of use.

§2 Subject matter

General

(1) YOUR MELLON is a web-based, professional career network for the recruitment of specialists on the European labor market and is aimed at employers and employees. By means of the communication and presentation functions of the internet platform, employers have the possibility to search for and advertise for skilled workers on the global labor market beyond the borders of Germany. In doing so, YOUR MELLON is particularly prominent in the Southern and Southeastern European labor market. YOUR MELLON offers with the communication interfaces of its portal and its international orientation in particular to specialists from the European foreign country the possibility of finding a transnational, simple like modern kind of the establishment of contact and communication with employers, also with the transmission of application documents. YOUR MELLON itself does not act as an intermediary and does not assume any contractual obligations regarding the initiation and, if applicable, the subsequent establishment of an employment relationship. YOUR MELLON provides with its portal and the services there only the technical framework for the future employment contract parties for self-presentation, facilitated contact initiation and communication exchange.

(2) To achieve this purpose, employers and employees are provided with user profiles on the portal yourmellon.com, under which their own profile can be presented in various ways and a protected exchange of communication between employers and employees can take place. Among other things, various search applications help to make it easier to establish contact. Communication is only possible between employers and employees, but not between employees themselves. YOUR MELLON is therefore explicitly not a social network, but a purely professional career network.

(3) The user profiles on YOUR MELLON represent the core of the career network and reflect the respective identity of the user in the network. Since YOUR MELLON merely provides the technical framework for its users with the internet portal, it has no influence on the content of the user’s published data, the transmission path including the transmission of the data as well as the release process of the data. In particular, the Internet access required for the use of YOUR MELLON’s services does not fall within the scope of YOUR MELLON’s service provision. The user himself decides on the content of the user profile and the scope of the published data and is responsible for this to the full extent.

User profiles

(4) Employers have the opportunity to set up a paid employer profile with various presentation, information, communication and interaction options on the portal in order to promote their own company and to contact employees around the world. The employer profile is public and also visible outside the yourmellon.com network on the Internet. This means that the employer profile, as well as any additional job or advertising ads, can also be found via search engines by job-seeking professionals on the World Wide Web. The various YM services for employers are regulated in detail in these General Terms and Conditions in the Special Section under B.

(5) The services of YOUR MELLON are free of charge for employees. When registering free of charge, employees also acquire a free basic membership (“YM-Basic”), which enables them to set up an employee profile and use the other communication and interaction options of YOUR MELLON. The employee profile is only published in the career network and is otherwise not public. Thus, the employee profile is only visible in the YOUR MELLON network for registered employers.

(6) The user profile represents the user or employer/employee in a highly personal manner, which is why each user is only permitted to create a single user profile. Duplicate profiles are expressly prohibited and entitle YOUR MELLON to delete the user profiles and to exclude the user from the services of YOUR MELLON. In particular, the user may not make his/her user profile available to third parties or allow third parties to use it.

Other services provided by YOUR MELLON / service descriptions

(7) The subject matter and scope of services bookable on YOUR MELLON against payment and free of charge are otherwise determined by the respective service descriptions of the selected tariffs and packages. These are regulated in these GTC under C.

(8) The User will always be informed of the fact that a service is subject to a charge before the service is used and a cost-triggering order is placed. To initiate an order process, the user must separately confirm the payment obligations associated with a chargeable service by clicking on the confirmation field presented to him in this case and provided with a clear reference to the payment obligation during the order process.

Creation of a user account / free membership

(3) In order to be able to use the services of YOUR MELLON, a free registration on yourmellon.com is first required, during which the user’s data collected in this process is processed with the user’s consent and added to a free user account within the framework of a free membership (free membership). The free membership is valid for employers as well as employees.

(4) The free membership only includes the creation and maintenance of a user account on YOUR MELLON with access to the administrative interface provided there. Further functions and services of the YOUR MELLON portal are not included in the free membership. In particular, the creation and publication of a user profile on the platform is not part of the scope of services. With the user account as such, only the functions of the portal yourmellon.com can be used, which can be used within and outside the network without a visible user profile.

(5) Via the user account’s administration interface, the user’s personal details can be managed and the YOUR MELLON offering can be viewed in order to develop a feeling for the portal’s functions. In particular, the user is offered the possibility to use further services from the user account, e.g. to create a user profile, which can then be activated in the career network. The user profile is free of charge for employees and chargeable for employers. Furthermore, employers can book additional YM services for a fee via the user account (see B.).

(6) Employers must first go through an order process to set up a user profile due to the fee-based nature of the offer (see overview of services under C. YM Basic or YM Plus). Within the scope of the free membership (registration and setup of the user account), the employer is not visible as a user in the network.

(7) After registration, the other functions of the portal are immediately available to employees as part of a free basic membership (YM-Basic, see § 5) granted at the same time. The user profile is activated immediately, but is initially only visible with the name of the employee. In the personal settings in the user area, the user profile can be supplemented with further details and content (e.g. CV, application documents, etc.). The employee himself determines the scope of his published data in the administrative area of his user account and is responsible for the data use and data publication on his profile.

(8) With the completion of the registration process, which is accompanied by the activation of the user account by YOUR MELLON, a contract for the use of the offer of YOUR MELLON within the framework of a free membership between the user and YOUR MELLON is concluded.

(9) YOUR MELLON is not obligated to conclude a contract and reserves the right not to accept registration requests and offers herein without giving reasons. This applies in particular with regard to temporary employment agencies and recruitment service providers who are not permitted to use YOUR MELLON.

(10) Upon registration, the user must log in with his/her first and last name and e-mail address in order to set up a user account. Employers must also enter their company name or a company designation. Furthermore, the user must enter a password. After completing the registration process, the data can be changed via the user account administration interface.

(11) To activate the user account, the user must authenticate his e-mail address by operating a corresponding hyperlink to the authentication message (e-mail) initiated by the registration process of YOUR MELLON.

(12) When registering, the user is obliged to provide truthful information and to keep his data correct during his membership.

(13) By registering, the User warrants that he/she is of legal age and, in the event of representation, e.g. as an executive body or authorized representative of a legal entity, has the necessary power of representation for the Registrant.

(14) The user must keep his personal data regarding all applications of YOUR MELLON used by him up to date during his membership. Upon YOUR MELLON’s request, he is obliged to authenticate the details of his person or his company and to prove this in a suitable form within one week (e.g. copy of identity card or extract from the commercial register). YOUR MELLON does not have the technical means to determine the identity of registered users with certainty, so that no guarantee is given for the actual identity of a user profile.

(15) The user is obliged to keep the access data to his/her user account, in particular the password, secret and not to make it available to third parties. YOUR MELLON will not ask the user for his password at any time, except during login and registration to the portal, or require it to solve a technical problem or to manage the customer account. The secrecy, security and safekeeping of the access data of the user account is the exclusive responsibility of the user.

§4 Responsibility and duties of the user

(1) The user is solely responsible for the content of his registration and the data provided in the user profile. He undertakes and assures to provide only truthful information under his profile entry and not to violate applicable law or the rights of third parties with his published data and content. In particular, the user is prohibited from:

distribute immoral, obscene, pornographic or right-wing/left-wing radical content or photos;
to distribute defamatory, offensive or otherwise illegal material or information;
to insult, threaten or harass other persons or to violate other rights, in particular personal rights, rights to a name, copyrights and trademark rights, of third parties;
upload data containing malware and/or computer viruses or the like;
upload data that is protected by copyright, unless the user has the rights thereto or the necessary consents;
use YOUR MELLON’s services in a way that negatively affects the availability of services to other users and YOUR MELLON’s infrastructure;
to send messages to users that serve a purpose other than communication about YOUR MELLON and the purpose of the Career Network (e.g. sending advertising messages or chain letters, so-called SPAM);

(2) Violations of the duties of conduct set out in § 4 para.1 may result in civil and criminal proceedings and may also lead to immediate termination of the user agreement with YOUR MELLON. YOUR MELLON is entitled to remove inadmissible data and content from the platform without prior notice to the user; there is no further obligation to publish.

(3) The profile picture published on the user profile must reflect the registered user personally or the company logo and must be easily recognizable. The reproduction of images of third persons or other entities is expressly prohibited.

(4) Misleading names, such as pseudonyms or stage names, are not permitted as profile names.

(5) The user assures to refrain from harassing actions, especially with regard to suggestive or sexually influenced communication, chain letters, etc., even if these do not specifically violate any laws. Likewise, the user undertakes to refrain from carrying out, advertising and promoting structural sales measures (such as multi-level marketing or multi-level network marketing).

§5 YOUR MELLON – free employee profile (YM-Basic)

General

(1) The employee services offered on YOUR MELLON are free of charge for employees (AN users) until further notice.

(2) Upon registration, employees receive, in addition to the user access and account, a free user profile with which they can use the basic functions of the portal extensively. The free services of the employee user profile are summarized in the following as “YM-Basic” or also as “Basic Membership”.

(3) After registration, the employee’s user profile is initially published in the career network only with the employee’s name. Further personal details and content can be added via the personal settings in the user area, such as details of the CV, certificates and other application documents. The uploaded data is not visible to employers until the application documents are submitted via the portal’s functions.

Data protection

(4) The scope of data use, data processing and data publication is regulated in detail by the data protection declaration of YOUR MELLON (see https://yourmellon.com/datenschutz).

Subject matter of the contract

(5) The subject matter of the contract and the scope of services of the basic membership can be found in the service description under C. “Service description YM-Basic” in these terms of use.

Conclusion of contract

(6) The usage contract for the Basic Membership with the an user is concluded upon registration and activation of his/her user profile by YOUR MELLON together with the establishment of the free membership (cf. § 3).

Rights and obligations; term and termination

(7) Unless otherwise regulated in this context, the rights and obligations relating to the establishment and termination of free membership and its term shall apply mutatis mutandis to the free basic membership of the AN user. The basic membership also exists in principle for an unlimited period of time and can be terminated by the user and YOUR MELLON at any time without giving reasons and without observing a period of notice.

User obligations

(8) When designing his user profile and using the services made available to him, the Contractor User shall be specifically informed of his user obligations pursuant to § 3 and § 4 of these terms of use.

Reservation of the discontinuation of the free services of the portal

(9) Since the basic membership services offered by YOUR MELLON are free of charge for the user, the user has no claim against YOUR MELLON for the maintenance of the free offer or service. In particular, YOUR MELLON reserves the right to discontinue its free offer at any time and without prior notice. In this case YOUR MELLON will inform the AN user and declare the termination of the membership.

§6 Rights of Use and Copyright / Reference Customer Advertising

Rights of use and copyrights

(1) In relation to the user, YOUR MELLON is the sole legal owner of the rights of reproduction, distribution, processing and all copyrights as well as the right of incorporeal transmission and reproduction of the YOUR MELLON website and its individual contents. The use of YOUR MELLON’s services, including all contents, materials as well as brand names is exclusively permitted for the purposes stated in these terms of use.

(2) By posting or uploading his/her personal data, information or other content (e.g. photos, logos, etc.), the user grants YOUR MELLON, free of charge and to the extent permitted by law, a non-exclusive right of use, unlimited in time, space and content, which also extends beyond the termination of membership. The right of use includes, in particular, the right to publish, process and transfer the data in order to be able to offer the YOUR MELLON service and to make the functions of the platform available to the user.

(3) Further details on data collection, processing and use are governed by YOUR MELLON’s privacy policy, which is available at https://yourmellon.com/datenschutz.

Reference customer advertising on YOUR MELLON

(4) Unless otherwise agreed, YOUR MELLON is entitled to name employers or companies as reference customers on the platform and to publicly advertise with their names, brands and logos, if applicable, on the platform (start page). For this purpose, YOUR MELLON is granted the necessary rights of use, in particular rights of use of names, brands and copyrights (including brand names and logos). The customer relationship with the employer or company is not subject to confidentiality in this respect.

§7 Changes of the services and the terms of use

Changes of the services

(1) YOUR MELLON reserves the right to change its offered services or to offer deviating services, as far as this does not result in unreasonableness for the user or does not impair essential contractual obligations of the contractual relationship.

(2) YOUR MELLON is in particular entitled to change the appearance of the platform and the content of the offered services or to offer deviating services,

if the respective changes are merely beneficial for the user;
if the changes are of a purely technical or procedural nature without any significant impact on the user;
if the applicable law requires a change or adaptation of the benefits / services;
if YOUR MELLON is obliged to change / adapt the service by court decision or official notice;
if security gaps have to be closed.

(3) Changes that do not have a significant impact on the functions of the portal and the performance obligations of YOUR MELLON do not constitute changes in performance within the meaning of these terms of use. This applies in particular to changes in the appearance of the platform, to changes in the arrangement of the functions and to changes in graphic representations or illustrations.

Changes to the terms of use

(4) YOUR MELLON is entitled to amend these terms of use at any time and without giving reasons, provided that the amendment of the terms of use does not cause unreasonableness for the user and does not affect essential contractual obligations (cardinal obligations). This is in particular the case,

if the respective changes to the GTC are merely advantageous for the user;
if the changes to the terms of use have their background in changes of a purely technical or procedural nature, unless they have a significant impact on the User or lead to unreasonableness;
if the applicable law requires a change or adaptation of the terms of use;
if YOUR MELLON is obliged to amend/adapt the terms of use by court decision or official notice;
if additional or new services or services are offered which require a regulation in the terms of use (e.g. service description), whereby the previous user relationship is not changed by this.

(5) YOUR MELLON will inform its users in good time of any impending changes to the terms of use. If the user does not object to the changes to the terms of use within 4 weeks after notification, the changed terms of use shall be deemed accepted by the user. The user will be informed about his right to object and the objection period within the scope of the notification by YOUR MELLON. Irrespective of this, YOUR MELLON will announce any changes to the terms of use in the user area and give the user the opportunity to expressly give his consent.

(6) The User’s right of termination remains unaffected by any changes to the services or terms of use.

§8 Term of contract and termination of the free services on YOUR MELLON (free membership employee / employer and basic membership for employees)

General

(1) The free membership is in principle for an unlimited period of time and does not impose any obligations on employers or employees. The same applies to the free basic membership for employees. Both memberships can be terminated by the user and YOUR MELLON at any time without giving reasons and without observing a period of notice. For this purpose, the user can request the deletion of the user profile in the administration level of his/her user account or send a message to YOUR MELLON. His user account will then be irrevocably deleted by YOUR MELLON together with all data and contents and the user access will be blocked.

(2) In order to protect the user against unauthorized deletion of his user profile by third parties, YOUR MELLON may request an identity verification upon termination. The user is obliged to cooperate and provide information (e.g. transmission of his identity card).

(3) YOUR MELLON reserves the right to discontinue its free membership offers (= provision of the free user account) as well as the free basic membership for employees at any time and without giving reasons. In this case YOUR MELLON will inform its users and declare the termination of the affected membership.

Special Features for employers when booking Additional Paid YM Services

(4) Since the existence of a user account (cf. § 3 – free membership) is a prerequisite for the use of the additional paid employer services of YOUR MELLON, the term of the free membership in the case of booking a paid service is based on the contract term of the paid service. In this case, termination of the free membership is not possible for both contracting parties before the end of the contract for the booked paid service. In this case YOUR MELLON’s right to terminate the free service is limited in relation to employers and YOUR MELLON is of course obliged to fulfill its contractual obligations arising from the paid contract.

§9 Termination and blocking for good cause

(1) Notwithstanding any other provisions regarding the term of the contract and termination, the right of both contracting parties to terminate the contractual relationship for cause at any time without notice is unaffected. Good cause for extraordinary termination exists if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties.

(2) An unreasonableness in the sense of paragraph (1) exists for YOUR MELLON in particular if the user,

distributes immoral, obscene, pornographic or right-wing/left-wing radical content or photos, even if these can only be perceived as morally offensive;
disseminates defamatory, offensive or otherwise unlawful material or information;
insults, threatens, harasses other persons or violates other rights, in particular personal rights, of third parties;
uploads data containing malware and/or computer viruses or the like;
uploads data that is protected by copyright, unless the user has the rights thereto or the necessary consents;
uses YOUR MELLON’s services in a way that negatively affects the availability of the services to other users or YOUR MELLON’s infrastructure;
sends messages to users that serve a purpose other than communication about YOUR MELLON and the purpose of the Career Network (e.g. sending advertising messages or chain letters, so-called SPAM);
violates his contractual obligations in any other way and does not cease his behavior even after receiving a warning.

(3) In the event of good cause, YOUR MELLON may, notwithstanding the right to terminate the user contract without notice, take the necessary measures on the platform to remedy the grievance caused by the user. In particular, YOUR MELLON is entitled to issue a warning to the user, to delete or block affected content and to exclude the user from the portal temporarily by blocking his/her user account until the facts of the matter have been clarified.

§10 Responsibility for data, content and availability of the platform.

(1) YOUR MELLON has no influence on the data published and content provided by its users. The users are personally responsible for this. In particular, YOUR MELLON does not assume any warranty for the identity of its users and the data and content published by them, especially that these are true and serve a specific purpose or can serve such a purpose. There is also no influence on the content of linked websites outside YOUR MELLON.

(2) YOUR MELLON endeavors at all times to prevent misuse of its platform and to stop any behavior of its users that is contrary to contract or law. If an abuse of the platform in breach of contract or law or corresponding user behavior is detected, this can be reported to YOUR MELLON. YOUR MELLON will then take the necessary steps to review and, if necessary, eliminate the reported misconduct or content.

(3) With regard to data and content published on YOUR MELLON by users, it is possible that such data may be stored by users or third parties to the extent that the data is also made public outside the network. YOUR MELLON is under no obligation to prevent the storage by third parties of data available within the Career Network and publicly.

(4) YOUR MELLON’s platform merely provides the technical framework for the exchange of communication between its users and does not participate in this. If users conclude contracts with each other via the YOUR MELLON platform, YOUR MELLON is not involved in this either in the form of an intermediary function or as a contractual partner. The users are solely responsible for the execution and performance of the contracts concluded among themselves. YOUR MELLON excludes any participation and liability whatsoever in the contracts concluded between users.

(5) The user acknowledges that YOUR MELLON cannot technically guarantee 100% availability of the portal, but will endeavor to ensure that availability is as constant as possible. Maintenance, security or capacity issues as well as events beyond YOUR MELLON’s control (such as disruptions of public communication networks, power outages, etc.) may lead to disruptions or temporary suspension of YOUR MELLON’s service. All claims against YOUR MELLON attributable to impairments and/or interruptions, irrespective of the legal grounds, are excluded to the extent permitted by law.

§1 Exemption

(1) The user releases YOUR MELLON from all rights and claims that third parties or state authorities assert against YOUR MELLON due to a violation of rights by the user or which are based on a violation of one of the obligations imposed on the user in this contract or a violation of relevant data protection regulations based on the user.

(2) If YOUR MELLON is brought into court or out of court by third parties or authorities due to a violation of the law by the user, a violation of an obligation imposed on the user in this contract or a violation of relevant data protection regulations by the user, the user shall also have all rights to YOUR MELLON reasonable costs incurred as a result, including the costs of legal defense.

(3) All further rights and claims for damages of YOUR MELLON remain unaffected.

(4) The above obligations of the user do not apply if the customer is not responsible for the infringement in question.

§12 Liability of YOUR MELLON

(1) YOUR MELLON is fully liable in accordance with the statutory provisions for damage to life, body and health that is based on a negligent or intentional breach of duty by YOUR MELLON, its legal representatives or vicarious agents, as well as for damages that are covered by liability under the Product Liability Act or in the event of a violation of the General Data Protection Regulation (GDPR).

(2) YOUR MELLON is liable in accordance with the statutory provisions for damages that are not covered by paragraph 1 and that are based on intentional or grossly negligent breaches of contract as well as fraud on the part of YOUR MELLON, its legal representatives or vicarious agents. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, provided YOUR MELLON, its legal representatives or vicarious agents have not acted intentionally. To the extent that YOUR MELLON has provided a quality guarantee for its services, YOUR MELLON is also liable within the scope of this guarantee. However, YOUR MELLON is only liable for damages that are due to the lack of the guaranteed quality but are not directly linked to the provision of the service if the risk of such damage is clearly covered by the quality guarantee.

(3) YOUR MELLON is also liable for damages caused by simple negligence, insofar as the negligence concerns the violation of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract. However, YOUR MELLON is only liable if the damage is typically associated with the contract and foreseeable.

(4) Any further liability is excluded regardless of the legal nature of the asserted claim; This applies in particular to tortious claims or claims for reimbursement of wasted expenses instead of performance.

(5) To the extent that YOUR MELLON’s liability is excluded or limited, this also applies to the personal liability of YOUR MELLON’s employees, employees, employees, representatives and vicarious agents.

§13 Data protection

(1) YOUR MELLON collects, processes and/or uses personal data of its users only if and to the extent that the user has consented or this is permitted by law.

(2) The use of personal data based on legal permission occurs in particular in connection with the fulfillment of YOUR MELLON’s contractual obligations towards its users (see Art. 6 Para. 1 b) GDPR). As part of the provision of the service and use of the functions of YOUR MELLON, the processing of personal data and other data provided by the user is necessary.

(3) The core of YOUR MELLON’s offering is the possibility of exchanging information and communicating between employers and employees. Users can transmit personal data (such as application documents such as CV, job references, etc.) to each other via the portal. The transmission of this data is at your own risk.

(4) The scope of data use, data processing and data publication is also regulated by YOUR MELLON’s data protection declaration (see https://yourmellon.com/datenschutz).

§14 Place of service provision, legal status and other

(1) YOUR MELLON provides its services at its headquarters in 37235 Hessisch Lichtenau / Hesse / Germany.

(2) The law of the Federal Republic of Germany applies, excluding private international law and the UN Convention on Contracts for the International Sale of Goods.

(3) YOUR MELLON can use subcontractors to provide the service. In this case, YOUR MELLON remains responsible for fulfilling the contractually agreed obligations.

(4) YOUR MELLON is entitled to transfer rights and obligations in whole or in part to third parties.

(5) Unless otherwise stipulated in the General Terms and Conditions, the contracting parties can send declarations by email, fax or letter. Users can also use the YOUR MELLON contact form in the support area. YOUR MELLON can also deliver statements and notices via the user’s message inbox.

(6) YOUR MELLON does not take part in a dispute resolution procedure before a consumer arbitration board.

B. Special terms and conditions for the use of paid YM services for employers

§1 Scope

(1) The special terms and conditions for the use of paid YM services regulated below under B. apply exclusively to employers.

(2) The special terms and conditions for the use of paid YM services for employers are in addition to the general terms and conditions for the use of the YOUR MELLON platform regulated under A. and supplement them.

(3) If individual provisions of the general terms and conditions regulated under A. and B. contradict each other, these special terms and conditions (B.) take precedence over the general terms and conditions (A.).

§2 Payment for the YM services

(1) Paid services are offered on the YOUR MELLON platform exclusively to employers (client users).

(2) Apart from the free membership and related services provided by the free registration (see under A.), all other benefits and services provided by YOUR MELLON are subject to a charge for employers.

§3 Selection of the YM service and conclusion of contract

(1) After free registration and setup of the user account (see § 3 – free membership), employers can choose from various paid services in the user area under the > Product overview section, e.g. the user profiles for employers (“YM Basic”), (“YM Plus”) or placing job advertisements (“YM Ads”).

(2) In order to use all paid services, the minimum requirement is that an employer profile (YM Basic) must first be booked. Without this, YOUR MELLON’s other services cannot be used.

(3) The YM services “YM Basic” and “YM Plus” (user profiles for employers) are booked via a request to YOUR MELLON. The inquiry is triggered under the > Product overview section by selecting the product and clicking on the “To inquiry!” field, whereby a contact form must also be filled out. A YOUR MELLON employee will then contact the AG user personally and make him an individual contract offer. This is legally understood as an invitation to submit an offer to YOUR MELLON. The request therefore remains non-binding for both contracting parties and does not result in a legally binding order. This only exists when the individual contract offer submitted by YOUR MELLON is confirmed by the AG user. The usage or service contract is concluded when YOUR MELLON activates the ordered service, which constitutes acceptance of the offer by YOUR MELLON.

§4 Special regulations for the YM Ads service (job advertisements)

(1) If the user profile for employers (YM Basic) has already been activated, the “YM Ads” service (job advertisements) can be used free of charge directly in the user area. The order is placed under the heading > Product overview > YM Ads. A single job advertisement can be created, which can then be managed and filled out in more detail in the > Job advertisements area.

(2) There is an option to book 30, 60 or 90 days for the duration of the job advertisements (contract term).

(3) The publication of the job advertisement ends automatically at the end of the contract term, without the need for additional termination.

(4) The job advertisement booked must be used immediately from the date of purchase.

(5) The prices are based on the prices stated during the ordering process. Otherwise, the subject matter of the contract is determined by the service description for C. YM ADS service description.

(6) The service is booked on account; The service is available immediately after completing the ordering process.

§5 Special regulations for the YM Search Tool (YMS) service

(1) The prerequisite for using the YM service “YM Search Tool” (recruitment software) is the maintenance of a paid employer user profile (YM Basic).

(2) If the user profile for employers (“YM Basic”) has already been activated, the “YM Plus” service (expansion to include recruiting software) can be booked additionally if it is not already included in the combination package with the “YM Plus” tariff. is booked. A request to YOUR MELLON is required for this. The request is submitted under the heading > Product overview > YM Plus

triggered. The ordering procedure is based on B. § 3 Paragraph 3 of these General Terms and Conditions.

(3) Unless otherwise agreed, the contract term for the “YM Plus” service is a minimum contract term of 12 months from activation of the service and a notice period of three (3) months to the end of the contract. The minimum contract term is extended by a further period of use of the same duration if the service is not terminated on time. At the same time, the extension period will also be extended by the same duration if it is not terminated by the employer or YOUR MELLON at least three months before the end of the respective extension period.

(4) The prices are based on the prices stated during the ordering process. Otherwise, the subject matter of the contract is determined by the service description for C. Service description YM Search Tool (YMS).

(5) The obligation to pay the agreed prices exists regardless of whether the service is used. This is available to the AG user from the time of activation for the duration of the contract. It is then the responsibility of the AG user to use the service.

(6) If the contract term for the “YM Basic” service (employer user profiles) is exceeded by booking the “YM Plus” (YM+) service, the contract term for the YM Basic service is extended by the term of the “YM Plus” service. (YM+) for a fee depending on your term. In addition, the AG user’s contract changes from “YM Basic” to “YM Plus”.

§6 Subject of the contract and contractual conditions of the YM services

The subject matter of the contract and the contractual conditions of the respective YM services for employers are determined by the service description valid at the time of conclusion of the contract, which are regulated under C.

§7 Prices, payment and due date

(1) Unless otherwise agreed, all prices stated on YOUR MELLON are in euros and are plus the statutory value added tax (“VAT”) of the Federal Republic of Germany applicable at the time the contract is concluded. This also applies to orders from EU and non-EU countries.

(2) The prices for the individual YM services for employers can be found in the currently valid service description of the desired YM service or are available upon request.

(3) YOUR MELLON invoices its services to AG users on account. If an invoice is not paid by the specified payment deadline, the AG user will bear all of YOUR MELLON’s resulting reminder and legal prosecution fees to the extent that he is responsible for the event that triggers the costs.

(4) Fees for YM services are due for payment in advance immediately upon invoicing and access for the entire contract term. Late payment with legal consequences occurs if the invoice amount is not paid by the invoice recipient within 14 days of receipt of the invoice. A reminder is not required for the default to occur.

(5) Unless otherwise agreed or regulated in these General Terms and Conditions, the booked YM service will only be activated after the invoice has been paid. This takes place at the latest within 48 hours of the value date of the invoice amount. The AG user will be informed about the activation.

(6) YOUR MELLON reserves the right to adjust and increase the fee for the paid YM services appropriately to the general price increase after the expiry of the minimum contract term or for the period after the end of the respective extension period with effect for the following extension period. There may only be one price increase per calendar year and this may not be unreasonable for the AG user. YOUR MELLON will inform the AG user of an upcoming price increase at least six weeks before the end of the minimum usage period or the current extension period and obtain his consent. Consent is deemed to have been tacitly granted if the client user does not object to the fee increase within four weeks of receipt of the notification. The objection must be made in writing or in text form (e.g. via contact form, letter, fax or email) and will result in the membership being terminated at the earliest possible contractual date. YOUR MELLON’s service then ends either at the end of the minimum contract term or the current extension period.

(7) YOUR MELLON has the right to send invoices and payment reminders exclusively electronically.

§8 Contract term and early termination of YM services

(1) The contract periods for free membership and the use of the paid YM services for employers are fundamentally independent of one another and may differ from one another.

(2) Since the existence of a user account (see § 3 – free membership) is a prerequisite for the use of YOUR MELLON’s other paid employer services, the term of the free membership in the case of booking a paid service depends on the contract term of the paid service. In this case, both contracting parties cannot terminate the free membership before the end of the contract for the paid service booked. In this case, YOUR MELLON’s right to discontinue the free service is restricted towards employers and YOUR MELLON is of course obliged to fulfill its contractual obligations from the paid contract.

(3) Unless otherwise stipulated in the applicable service descriptions of the YM services, a minimum contract period of twelve months is deemed to be agreed for the use of the YM services.

(4) The minimum contract term is extended upon expiry by a further period of use of the same duration if the service in question is not terminated by the AG user or YOUR MELLON in a timely manner at least three months to the end of the minimum contract term. At the same time, the extension period will also be extended by the same duration if it is not terminated by the AG user or YOUR MELLON at least three months before the end of the respective extension period.

(5) The contractual parties’ right to extraordinary termination for good cause remains unaffected.

(6) An important reason for extraordinary termination by YOUR MELLON after the setting and unsuccessful expiry of a reasonable deadline set for remedial action exists in particular if the client user defaults on his payment obligations for more than 14 days and does not do so despite a corresponding request paid within a further 14 days of YOUR MELLON’s request.

(7) An important reason for extraordinary termination by YOUR MELLON without specifying and unsuccessful expiry of a deadline set for remedial action is, in particular,

if the AG user is insolvent or over-indebted or
insolvency proceedings against the AG user’s assets are rejected or discontinued due to insufficient funds to cover the costs of these proceedings or
the AG user has voluntarily or involuntarily initiated proceedings for its dissolution, liquidation or winding up.

(8) Cancellations must be made in writing or in text form (e.g. via contact form, letter, fax or email).

(9) If the contractual relationship is terminated prematurely through extraordinary termination and this termination is based on the AG user’s behavior in breach of contract, the latter is obliged to pay the contractual remuneration to YOUR MELLON to be paid. In this case, a claim to reimbursement of any fees paid in advance is excluded. The AG user is free to prove that YOUR MELLON suffered less damage as a result of the early termination.

(10) If the contractual relationship is terminated prematurely through extraordinary termination and this termination is based on YOUR MELLON’s breach of contract and culpable conduct, YOUR MELLON will refund any fees paid in advance to the AG user pro rata for the period from the time of termination to the end of the contract.

(11) If an extraordinary termination only affects a YM service or the relevant contractual period expires due to ordinary termination, the user generally retains the free membership until its termination, but the additional and expanded functions of the YM service in question no longer apply.

§9 Data protection

(1) The AG user undertakes to comply with the applicable data protection law, in particular with regard to the personal data, content and other information transmitted to him by the AN users as part of YOUR MELLON’s contact options.

(2) Unless permitted by the valid consent of the affected AN user or by German or European data protection law, the AG user is prohibited from collecting, processing, using or passing on personal data from AN users to third parties.

(3) YOUR MELLON’s privacy policy applies.

§10 Place of performance, legal venue and jurisdiction, other

(1) The place of performance of all mutual contractual services towards AG users is YOUR MELLON’s headquarters in 37235 Hessisch Lichtenau / Hesse / Germany.

(2) The law of the Federal Republic of Germany applies, excluding private international law and the UN Convention on Contracts for the International Sale of Goods.

(3) The agreed place of jurisdiction is YOUR MELLON’s registered office in 37235 Hessisch Lichtenau / Hesse / Germany.

(4) If a provision in these General Terms and Conditions is ineffective towards AG users, the effectiveness of the remaining General Terms and Conditions as well as the contractual relationship existing with the AG user is unaffected. In the event of ineffective or incomplete general terms and conditions, the parties undertake to find a legally effective regulation that comes closest to the intended purpose of the contract and most closely corresponds to the economic interests of the parties. If this does not succeed, in case of doubt the legal regulations apply.

C. Service descriptions and contractual conditions of the individual YM services

The following service descriptions supplement the above General Terms and Conditions sections A. + B. and reflect the essential contractual conditions of the YM services offered.

§1 Free registration / setting up a user account (free membership)

(1) Subject of the contract/service description

The free membership includes setting up and maintaining a user account on YOUR MELLON with access to the administration interface provided there. Further functions and services of the YOUR MELLON portal are not included in the free membership. In particular, the creation and publication of a user profile on the platform is not part of the scope of services. With the user account as such, you can only use the functions of the yourmellon.com portal that can be used inside and outside the network without a visible user profile.

The user account is a prerequisite for using YOUR MELLON’s platform.

(2) Term of the free membership

The term of the free membership is unlimited and lasts indefinitely.

(3) Prices

The services in the “YM-Basic” tariff are free of charge for the employee.

(4) Termination and notice period

Termination can be declared at any time. There is no notice period.

§2 YM-Basic (free basic membership for employees)

(1) Subject of the contract/service description

By registering for free on YOUR MELLON, employees also acquire a free basic membership (“YM-Basic”), which enables them to set up an employee profile and use YOUR MELLON’s other communication and interaction options.

The employee profile represents the employee in YOUR MELLON’s career network and gives them the opportunity to present themselves to registered employers. Various content can be uploaded, such as a CV, references, photos, etc.

The employee can edit his personal profile in the user area and manage it using seven different settings. This allows the employee’s profile to be made individual and therefore more interesting for potential employers from Europe. The content completed by the employee under the settings becomes immediately visible to employers after being selected for storage. The employee’s name can be viewed by the employer during registration.

The settings include the following categories and include the corresponding input fields:

Account data:

E-mail address
First name
Last name
Selection of the system language
Choosing how to provide information or tips while using YM (so-called setup process)

Personal Data:

Select file for a profile picture (.png .jpg)
Place of residence
Postal code
Selection of country
birth date
Telephone number

Training/studies:

“From/To” information about the training/studies
School/University
Field of study/specialization
Degree obtained
Certificates and qualifications:
Uploading certificates and qualifications (.pdf .png .jpg)

Experience:

“From/To” statement of professional experience
Employer
Job title
position
Industry
activities

Skills:

“I offer” statement with a self-assessment scale of 1 to 10
“I speak” statement with self-assessment scale from A1 to C2
“Hard skills” statement with technical competencies
“Soft skills” with interpersonal skills

Job wishes:

List selection of industry(s) in which you would like to work
List selection of job(s) in which you would like to work

Employees can view inquiries from interested employers in their inbox. Here you will find a list of all conversations, each containing the entire conversation with the employer.

With the help of the setup process on the YOUR MELLON platform, the employee is supported in implementing a professional self-presentation of his profile page (e.g. tips, dialog windows).

In addition, job seekers can register for the YM newsletter when registering. This allows the employee to be informed about current information about the YM platform to a stored email address.

(2) Contract term

The term of the membership is unlimited and lasts indefinitely.

(3) Prices

The services in the “YM-Basic” tariff are free of charge for the employee.

(4) Termination and notice period

Termination can be declared at any time. There is no notice period.

§3 YM-Plus (paid Plus membership for employees)

(1) Subject of the contract/service description

In addition to the free basic membership (“YM-Basic”), employees have the option of purchasing a paid Plus membership for employees (“YM-Plus”).

The YM-Plus membership offers you, in addition to all the already familiar functions of the “YM-Basic” membership, expanded ranges of services and functions for communication and interaction with AG users on YOUR MELLON.

Account data:

E-mail address
First name
Last name
Selection of the system language
Choice of providing information or tips while using YM (so-called setup process)

Personal Data:

Select file for a profile picture (.png .jpg)
Upload video for a video presentation (video CV)
Place of residence
Postal code
Selection of country
Birth date
Telephone number
Training/studies:
“From/To” information about the training/studies

School/University

Field of study/specialization
Degree obtained
Certificates and qualifications:
Uploading certificates and qualifications (.pdf .png .jpg)

Experience:

“From/To” statement of professional experience
Employer
Job title
Position
Industry
Activities

Skills:

“I offer” statement with a self-assessment scale of 1 to 10
“I speak” statement with self-assessment scale from A1 to C2
“Hard skills” statement with technical competencies
“Soft skills” with interpersonal skills

Job wishes:

List selection of industry(s) in which you would like to work
List selection of job(s) in which you would like to work

The employee can write to all employers registered on YOUR MELLON using a message tool or apply to them directly. The job application is usually made in response to a job advertisement activated by the employer. In addition, the employee can also draw attention to an employer using the news tool with an unsolicited application without reference to a job advertisement. Employees can view inquiries from interested employers in their inbox. Here you will find a list of all conversations, each containing the entire conversation with the employer.

With the help of the setup process on the YOUR MELLON platform, the employee is supported in implementing a professional self-presentation of his profile page (e.g. tips, dialog windows). In addition, the job seeker can sign up for the YM newsletter when registering. This allows the employee to be informed about current information about the YM platform to a stored email address.

(2) Contract term

The membership term is limited and lasts for a specific period of time. The employee can choose between a term of 3, 6 or 12 months.

(3) Remuneration/Prices

The services in the “YM-Plus” tariff are subject to a charge for the employee. The fees for using the additional package “YM-Plus” for employees start at €0.99 plus VAT (from the country of origin of the employee user) and are paid “online”. The fees for the additional package are due for payment immediately upon invoicing for the entire term.

YOUR MELLON reserves the right to increase the fee for YM-Plus membership appropriately a maximum of once per calendar year.

(4) Termination and notice period

Termination can be declared at any time. The YM-Plus membership is not changed automatically, therefore does not require termination and will be downgraded to the YM-Basic membership after it expires.

(5) Right of withdrawal for consumers

Cancellation instructions and sample cancellation form

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us

Your Mellon GmbH

Ludwig-Frölich-Straße 1-5

37235 Hessisch Lichtenau

Tel.: +49 5602 83 99 690

Email: widerruf@yourmellon.com

Inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, email or via our help form, which can be accessed from any page). You can use the attached model cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the service begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.

A sample cancellation form is available for you to download as a PDF file here.

Exclusion of the right of withdrawal:

The right of withdrawal does not apply if, when concluding the legal transaction, you are acting primarily in the exercise of your commercial or independent professional activity and you are therefore viewed as an entrepreneur (§ 14 BGB).

Other important information:

You expressly agree that we will begin providing the service before the end of the cancellation period.

§4 Overview of benefits for employees (“YM Basic” vs. “YM Plus”)

Services	YM-Basic	YM +
View profile visitors: Which company are you interested in and why?
View profile visitors (company name)	–	+
How did the company become aware of your profile?	–	+
Profile Visitors – Analyze
Search terms that attracted companies’ attention to you	–	+
Which company visited my profile	–	+
Your profile: Introduce yourself professionally to potential employers
View specific career aspirations	+	+
View specific career aspirations	+	+
Highlight your top skills	+	+
CV/biography/curriculum vitae
Creating your own CV	+	+
Management of account/personal data	+	+
Information/assessment of language skills (intern. standard)	+	+
Presentation/assessment of soft skills	+	+
Add v. school/academic levels of education	+	+
Highlighting your professional practical experience	+	+
Certificates	+	+
PDF – Add files and images (Max. size per image) 2MB, 5MB YM+	+	+
Video introduction to employers	–	+
Search and find companies – be found better by companies
Find companies: simple and fast company search with filters Base: name or keyword/YM+ detailed filter	Unlimited Results	Unlimited Results
Be found better
Special highlighting of your own profile in search results:	–	+
News: Make contacts with employers
Online job interview (video interview)	–	+
See all open contact requests & messages:	+
Active messages to companies (per month):	3	unlimited
Active applications to companies (per month):	2	unlimited
Reply to messages from employers (per month):	unlimited	unlimited
Send file attachments with messages (data volume per month):	100 MB	1,0 GB
Exclusive offers for YM+ members
Get access to exclusive offers from our YM+ partner companies	–	+

§5 YM Basic / user profile for employers

(1) Subject of the contract/service description

The employer profile YOUR MELLON Basic (YM Basic) presents the basic product for companies to use the paid services on the YOUR MELLON platform.

YM’s basic product gives the employer the opportunity to present their company in the respective target country of YOUR MELLON. As a marketing tool, it is used by companies, among other things, to introduce themselves to employees. This allows potential employees, for example, to gain an overview of current company content or the company philosophy. For the employer profile it is possible to upload a logo, images and videos under the settings. The employer can also add images to the company profile.

In addition, a list of all job advertisements published by the company can be viewed by the employee on the company profile. In addition to establishing contact between the employee and the company through a job advertisement, a messaging tool is also available with YM Basic. This allows the potential employee to obtain further information about the company or to attract attention with an unsolicited application.

All data entered by the company under the account settings section will be published for storage on the company profile immediately after selection. After registering and activating YM Basic, the employee’s company profile can be found in the company overview.

The YM Basic enables the company to create more transparency for employees. Potential employees from European countries such as Greece receive information about, among other things, the number of employees, the company sector, the activities and future plans as well as general news about the company. In addition, information on the integration process into the company’s activities can be published and the employee’s entry can be made easier.

In addition, the company can register for the YM newsletter when registering. This allows the company to be informed about current information about the YM platform to a stored email address.

You can find a compact overview of all the services of YOUR MELLON Basic in the list below:

The YM Basic service description includes:

Individual design of your own company profile
international and national marketing
Presentation and placement of your own company in the company overview
Increasing the reach of the company brand on the Internet
Strengths of the company can be presented exclusively
Transparency and seriousness towards applicants from home and abroad
Share news, information and trends about the company
Integration of job advertisements into the company profile
Unlimited response options for applications and questions from employees
Compact overview of applicants’ CVs and qualifications
Access to a wide range of applicants from Europe

Performance overview:

Services	YM Basic
Europe-wide company presentation on YM	+
CI – company appearance with individual information, photos and videos (“About us” text)	+
Promote your business on YM	+
Increasing your maximum range	+
Support (for service and product inquiries)	+
Upload images, PDFs, videos	+
Maximum number of uploadable files	unbegrenzt
Links to videos and presentations from your company	+
Ad-free company profile	+
Company logo and “About Us” page	+
Profile & location marking of your company	+
Customizable company header	+
Overview of booked job advertisements (active job advertisements)	+
Inbox: Answer option for applications and questions from AN	+
News: Write news about your company	+

(2) Contract term YM Basic

Minimum contract term: 1, 3, 6 or 12 months

Contract extension:

Extension for the selected contract term if the contract is not terminated at least one (1) month before the end of the minimum contract term or the respective extension period.

(3) Prices

The prices for using the YM Basic package start at €99 plus VAT (Germany) and are determined individually on request. In transactions between YOUR MELLON and employers who are not based in Germany, VAT does not apply, so that AG users do not pay any VAT or YOUR MELLON does not have to pay any VAT.

The functions of the YM Basic for companies are only activated automatically after the invoice has been settled.

(4) Notice period

The notice period is 1 month to the end of the minimum contract term or to the end of the respective extension period.

§6 YM Plus / user profile for employers including recruiting software for employers

(1) Subject matter of the contract

The prerequisite for using the YM service “YM Search Tool” (recruitment software) is the booking of the paid employer user profile (YM Plus).

If the user profile for employers (YM Basic) has already been activated, the “YM Search Tool” service (recruitment software) can be booked additionally by purchasing the YM Plus package if it is not already booked in the combination package with the YM Plus tariff . A request to YOUR MELLON is required for this. The request is triggered under the heading > Product overview > YM Plus. The ordering procedure is based on B. § 3 Paragraph 3 of these General Terms and Conditions.

The Your Mellon Search (YMS) tool presents the active recruiting software for companies on the Your Mellon platform and is part of the AG user profile YM Plus.

The YMS tool is a “tool” or search function on the YM platform that helps companies address potential candidates directly via a personal message. The YMS recruiting software makes it possible to write to potential candidates or employees directly. Inquiries to potential employees can be viewed by the company in the News section. Here you will find a list of all conversations, each containing the entire conversation with the job seeker.

With the help of the YMS tool, a direct connection to the user profile can be established, which can only be removed with a mouse click. This can be used to research and request all of the applicant’s information, for example about qualifications acquired, CV, language skills or even private information. Various filter functions such as industry, job, language and information about professional experience help to differentiate and specify the candidate search.

In addition, companies receive selected candidate recommendations from job seekers who could be potential employees for the company using the YMS tool on the account homepage. So that the company does not lose track of the applications and messages received from potential employees, an email is sent daily about the current status.

Companies are provided with instructions in the application with the software (so-called Quickstarter Guide).

You can find a compact overview of all the services of the Your Mellon Search tool in the list below:

Performance overview

Services

YMS-Tool

Recruitment software: Tool for finding and recruiting potential candidates	+
Candidate recommendation: Suitable candidates are displayed directly on the homepage	+
Special search filter/filter function: Identify suitable candidates with special search filters	+
Matching function: Recommendation of your company to suitable candidates	+
Messaging system: unlimited conversations to job seekers per month	+
Reporting: Daily status email about incoming applications	+
Tutorial: Instructions for using the product – Your Mellon Search – Tool	+

(2) Contract term YM Plus (YM+)

Minimum contract term: 3, 6, 12 or 24 months

Contract extension:

Extension for the selected contract term if the contract is not terminated at least one (1) month before the end of the minimum contract term or the respective extension period.

(3) Prices

The prices for using the YM Plus package (including recruiting software) start at €179 plus VAT (Germany) and are determined individually on request. In transactions between YOUR MELLON and employers who are not based in Germany, VAT does not apply, so that AG users do not pay any VAT or YOUR MELLON does not have to pay any VAT.

The functions of the AG user profile YM Plus (YM+) for employers and companies are only activated automatically after the invoice has been settled.

(4) Notice period

The notice period is 1 month to the end of the minimum contract term or to the end of the respective extension period.

(5) Other costs

If the contract term for the YM Basic service (employer user profile) is exceeded by booking the “YM Plus” service, the contract term for the YM Basic service is extended by the term of the YM Plus service for a fee corresponding to the term of the YM Plus service.

§7 YM service / user profile for employers including outsourcing of direct search

(1) Subject matter of the contract

The YM Service for employers includes all the services of the YM Basic and YM Plus packages and can be booked independently of these.

The YM Service product offers the employer the opportunity to outsource personnel acquisition to YOUR MELLON for a period booked by the company. The available durations of the “YM Service” service are listed in C. § 7 Paragraph 2.

When booking the YM Service package, companies are provided with a usage guide that includes the process of cooperation between YOUR MELLON and companies. Here all the required information is sent to the company or employer by email in the form of a PDF file. After return and agreement between YOUR MELLON and employers, the user profile will be managed independently by YOUR MELLON for the booked period. This includes the direct search (executive search) and the creation of the booked job advertisements. The requirements of the various positions/job advertisements are specified and checked by the employer as part of the agreement. The employer therefore authorizes YOUR MELLON to place job advertisements in its name on its own platform and to communicate with applicants and potential candidates. This right of use is limited to the period booked by the employer.

YOUR MELLON thus acts as a link between employer and employee and is available to companies as a personal contact person for questions during the application process. The direct search (executive search) is used for positions/job advertisements selected by the company. As part of this service, potential candidates or job seekers are introduced to companies. The management and analysis of candidates is carried out by YOUR MELLON taking into account the requirements specified by the employer. The service ends with YOUR MELLON organizing the initial interview between the employer and the pre-selected candidates/employees.

The employer pays a monthly service fee (basic fee) for the YM service package. The functions of the AG user profile YM Service are only activated after the invoice has been settled. In addition to the basic fee, YOUR MELLON must pay a one-off placement commission to the employer for each successfully placed candidate (upon signing an employment contract). If an employment contract is concluded between the employer or a company controlled by the employer and the candidate within 12 months of the presentation of a candidate placed by YOUR MELLON, the placement commission (according to the prices in C. § 7 Paragraph 3) will be due. If a written employment contract is only concluded after the start of the employment relationship, the applicant’s start of work is deemed to be the conclusion of the contract. The invoices for this will be issued and calculated separately by YOUR MELLON to the employer.

In addition to the above-mentioned services, the YM Service package includes all package services listed in C. § 5-6 (YM Basic, YM Plus). You can find a compact overview of the YM Service services in the list below:

Performance overview

Services

YM Service

Account management: YOUR MELLON manages the company profile	+
Personal contact person Contact person and account manager	+
Übersetzungen: Unternehmenstexte und Stellenanzeigen	+
Direktsuche: Executive Search ausgewählte Positionen	+
Bewerbermanagement: Verwaltung von Bewerbungen und Bewerbern	+
Bewerberanalyse: Vorselektierung qualifizierter Bewerber	+
Organisierte Vorstellungsgespräche: Organisation des Erstgespräches mit Kandidaten	+

(2) Vertragslaufzeit YM Service

Mindestvertragslaufzeit:
Die Vertragslaufzeit kann zwischen 6, 12 und 18 Monaten gewählt werden.

Vertragsverlängerung:
Der Vertrag endet nach Ablauf der gewählten Mindestvertragslaufzeit automatisch, ohne dass es einer Kündigung bedarf. Es findet somit keine Vertragsverlängerung statt.

(3) Preise

Die Preise für die Nutzung des Paketes YM Service (Auslagerung der Personalakquise an YOUR MELLON) beginnen ab 800.- € (für 24 Monate) zzgl. der gesetzlichen Mehrwertsteuer (Deutschland) und werden individuell auf Anfrage ermittelt. Bei Geschäften zwischen YOUR MELLON und Arbeitgebern, die nicht in Deutschland sitzen, entfällt die Mehrwertsteuer, sodass AG-Nutzer keine Mehrwertsteuer entrichten bzw. YOUR MELLON keine Mehrwertsteuer abführen muss. Die Vermittlungsprovision (pro vermittelte Position) ist abhängig von der Berufsgruppe und kann der nachfolgenden Tabelle entnommen werden.

Vermittlungsprovisionen (zzgl. der gesetzlichen Mehrwertsteuer):

Gastronomie	400,00 €
Hotellerie	600,00 €
Handwerk	1.000,00 €
Transport und Logistik	1.000,00 €
Pflege	2.000,00 €
IT	4.000,00 €
Ärzte	5.000,00 €

Die Verwaltung und Übernahme des AG-Nutzerprofils durch YOUR MELLON (YM Service) für Arbeitgeber und Unternehmen wird erst nach Ausgleich der Rechnung automatisch übernommen. Die Zahlung der Vermittlungsprovision erfolgt nach der folgenden Staffelung:

1. Provisionszahlung 50 % fließen nach Unterzeichnung des Arbeitsvertrags.

2. Provisionszahlung 25 % fließen nach drei Monaten der Beschäftigung.

3. Provisionszahlung 25 % fließen nach sechs Monaten der Beschäftigung.

(4) Kündigungsfrist

Der Dienst YM Service bedarf keinerlei Kündigung und läuft nach Beendigung der Vertragslaufzeit automatisch aus.

(5) Weitere Kosten

Darüber hinaus entstehen dem Arbeitgeber während der Vertragslaufzeit des kostenpflichtigen Dienstes YM Service keine weiteren Kosten.

§8 YM Ads / Stellenanzeigen für Arbeitgeber

(1) Vertragsgegenstand/ Leistungsbeschreibung

Die YM Ads (Stellenanzeigen für Arbeitgeber) präsentieren das passive Produktmodul für Arbeitgeber bzw. Unternehmen auf der Plattform YOUR MELLON.

Die YM Ads umfassen die folgenden Leistungen und Funktionen:

- „Passives“ Rekrutierungswerkzeug
- „Empfehlungsmarketing“ durch Empfehlung an die Jobsuchenden (Arbeitnehmer)
- Unabhängig von der Unternehmensgröße
- Textanzeige mit Bild der Kontaktperson
- Hervorhebung der Position in der Gesamtauflistung
- die gebuchten Stellenanzeigen werden in unterschiedlichen Intervallen in der YM Ads- Liste „hinaufgeschoben“

Eine Stellenanzeige beinhaltet die Kontaktdaten der Unternehmung mit einer Kontaktperson, den Titel der Stellenanzeige, die Jobbezeichnung sowie den Ort der Anstellung, die Beschäftigungsart und den Beginn der Einstellung.
Darüber hinaus können in weiteren Absätzen eine kompakte Firmenvorstellung mit einer Jobbeschreibung, die Aufgabeninhalte, die Konditionen des Unternehmens für die Arbeitsstelle und die gewünschten Anforderungen an den Jobsuchenden niedergeschrieben werden.

Jede Stellenanzeige des Unternehmens kann in Selbstverwaltung aktiviert und deaktiviert werden. Die Bewerbungen von Jobsuchenden bzw. Arbeitnehmern auf die entsprechende Stellenanzeige werden unter der Rubrik Stellenanzeige hinterlegt. Dort ist jeder Bewerber mit der entsprechenden Stellenanzeige vermerkt. Das Unternehmen hat nun die Möglichkeiten, das Arbeitnehmerprofil mit den hochgeladenen Qualifikationen und Zeugnissen einzusehen und dem Bewerber darauf zu antworten. Zudem kann das Unternehmen den Status jeder einzelnen Bewerbung festlegen und entsprechend danach suchen.
Des Weiteren kann der Filter nach jeder einzelnen Stellenanzeige konfiguriert, unangemessene Bewerbungen auf unsichtbar geschaltet werden oder als ungelesene Bewerbung markiert werden. Die Bewerbungen der Jobsuchenden beinhalten ein Dialogfenster und speichern den Verlauf der Interaktion.

Die YM Ads können mit unterschiedlicher Veröffentlichungsdauer einzeln und unabhängig der AG-Nutzerprofile „YM Basic“ oder „YM Plus“ gebucht werden.

(2) Vertragslaufzeit / Laufzeit der Stellenanzeige

Die Laufzeit einer Stellenanzeige kann mit einer Veröffentlichungsdauer von 30, 60 oder 90 Tagen gebucht werden.

Die Veröffentlichung der Stellenanzeige endet automatisch mit dem Ende der Vertragslaufzeit, ohne dass es einer zusätzlichen Kündigung bedarf.

Die jeweils gebuchte Stellenanzeige ist unmittelbar ab Kaufdatum in Anspruch zu nehmen und kann unabhängig der Laufzeit der YM-Dienste „YM Basic“ oder „YM Plus“ (Nutzerprofile für Arbeitgeber) genutzt werden.

(3) Preise

Es gelten die jeweils im Rahmen des Bestellprozesses vom System von YOUR MELLON angezeigten Preise. In den Paketen YM Basic und YM+ alle Stellenanzeigen kostenfrei verfügbar.

Der Preis für eine Stellenanzeige ohne Paket (1 YM Stellenanzeige für 30 Tage) beginnt ab 299 € zzgl. der gesetzlichen Mehrwertsteuer (Deutschland).

Die Buchung des Dienstes erfolgt auf Rechnung; der Dienst ist nach Abschluss des Bestellvorganges sofort verfügbar.

(4) Kündigung und Kündigungsfrist

Eine Kündigung der einmal gebuchten Stellenanzeige ist ausgeschlossen.

(5) Sonstiges

Die Bestellung wird unter der Rubrik > Produktübersicht > YM Ads ausgelöst. Hierbei kann eine einzelne Stellenanzeige gebucht werden, die dann im Bereich > Stellenanzeigen verwaltet und näher ausgefüllt werden kann.

§9 Pakete für Arbeitgeber / YM Basic und YM+

(1) Vertragsgegenstand / Leistungsbeschreibung

Die in C. §3 bis §5 genannten Produkte (AG Nutzerprofile) werden auf der Produktübersicht von YOUR MELLON (yourmellon.com/product-overview) dem Arbeitgeber als Pakete angeboten.

Das Paket YM Basic (Nutzerprofil für Arbeitergeber) beinhaltet die Erstellung eines Unternehmensprofils und die freie Schaltung aller Stellenanzeigen (Siehe C. §3/ C. §5).

Das Paket YM+ beinhaltet neben dem eben genannten Leistungen des YM Basic Paketes / Nutzerprofil für Arbeitergeber (C. §3, C. §5), zusätzlich das YM Search-Tool (YMS) / Rekrutierungssoftware für Arbeitgeber.