Terms & Conditions

Applicability; Conclusion of contract

  1. These General Terms and Conditions of Business (T&C) apply to all legal relationships entered into by Exxecta with registered applicants as well as with registered company representatives and other non-registered users regarding the use of its internet platform www.exxecta.com.
  2. The Exxecta GmbH - Exxecta - shall provide its services exclusively on the basis of the following General T&C. They shall also apply to all future business relations, even if they are not expressly referred to.
  3. Deviations from these T&C and other supplementary agreements shall only be effective if they have been confirmed by Exxecta in writing.
  4. T&C of Partners, if any, shall not be accepted unless expressly agreed otherwise in writing on a case-by-case basis. No separate objection of the Agency to the Partner's T&C shall be required.

About Exxecta

  1. Exxecta operates an internet portal, which brings Senior Female Executives (Senior Executives) with a respective proof record and career path together with Employers and Headhunters (Searchers).
  2. The portal can be accessed via the domain www.exxecta.com as well as other domains that are linked to this domain and/or forward the user for this domain.
  3. Exxecta reserves the right to offer parts of the recruiting and executive search process (e.g. the systematic search and direct approach to qualified candidates for executive positions) as well as other services in the field of personnel search and selection and applicant support either by Exxecta or via selected partners at a later stage

Female Senior Executive Pool

  1. Registration to the Exxecta Executive Pool is only possible via personal invitation by already approved Senior Executives and Ambassadorss (people who like the philosophy of Exxecta). Exxecta reserves the right to assign individual invitations by Exxecta at any time.
  2. Acceptance of a Senior Executive to the Executive Pool is et Exxecta’s sole discretion. Basis for decision is the Long Profile submitted by the Senior Executive. There is no legal claim for acceptance to the Executive Pool.
  3. An invitation and the basic registration are not tantamount with an acceptance to the Executive Pool. In the event of refusal of registration, all relevant data from the basic registration will be definitely deleted.
  4. The Senior Executive is solely responsible for the content and the accuracy of the data provided in the Profile. Exxecta doesn’t accept any liability for these data. The Senior Executive is obliged to give accurate information only.
  5. Profile data, which were approved to be accessed by a Searcher, may only be forwarded or shared with third parties, if they are directly involved in the decision making process related to fill the vacant role. Passing on information to third parties outside of this definition is only possible if the Senior Executive entitles the Searcher to do so explicitly in written.
  6. The abuse of the Senior Executive Executive Pool is forbidden, use is only permitted in order to initiate employment relationships or contracts. Exxecta is eligible to claim an injunctive relief without prior notice.
  7. In the event of a placement of a Senior Executive via Exxecta, her account will be set to 'placed' and she will not be respected in any Search Project for 24 months and therefore not be shown in search results. This will not impact her profile data, which won’t be deleted.
    Should – contrary to expectations – the contract be ended before expiration of this time limit, the profile status can be switched back to 'active' on request.

Identification

  1. Each registered member of Exxecta will be identified by an identification process (login). Senior Executives, Ambassadors and Searchers are obligated to handle this personal access data carefully and keep it confidential and to especially refrain from disclosing it to third parties.
  2. An account authorizes only the registered person to use the access.

Rights and Duties of registered users

  1. Users of Exxecta are not allowed to create a registration for third parties. User rights of Senior Executives, Ambassadors and Searchers are not transferable.
  2. The profile data and their up-to-dateness are in the responsibility of the registered user. The up-to-dateness of the data of Searchers is verified with every new Search Project and requires a respective confirmation. A Senior Executive will be proactively asked to update and confirm her data at regular interviews.
  3. It is expressly forbidden to edit sexual, pornographic, immoral, politically radical and illegal content in the profile data.
  4. Senior Executives, Ambassadors and Searchers are not allowed to add any sort of marketing collateral (advertisements or promotions) in the course of a potential communication to others on Exxecta.
  5. A request of approval for a Long Profile can only be sent for a concrete vacancy that is required to be filled. Therefore the vacant position needs to be described in details or by means of an uploaded job description.
  6. Any information and other knowledge obtained under the use of Exxecta are strictly confidential and may not be transmitted, exploited, lent or used for any commercial purpose.
    The foregoing particularly applies to all information related to a vacant position that are disclosed to a Senior Executive in the course of a Search Project, as well as to information a Searcher receives upon approval of the Long Profile of a Senior Executive.
  7. If, in the course of using Exxecta, there is a successful placement of a Senior Executive in the own company or in the company of the contractor or in associated companies, regardless if in the position of the original vacancy or an alternative position, the Searcher is obliged to report this placement by means of the status change in the account immediately.
    Companies, that are filling a vacancy with a Senior Executive from the Exxecta Executive Pool without using an Intermediary, are also obliged to feed back the relevant invoicing information within 7 days upon receipt of a respective demand by Exxecta. If the Searcher misses this deadline, Exxecta will use the amount that has been provided in the Search Project to define the potential annual salary of the vacancy as basis for the calculation of the Exxecta placement fee without any further notice.
  8. Establishment of contact to a Senior Executive and the individual conversations and negotiations are outside of the area of responsibility of Exxecta.

Fees, Invoicing, Payment delays

  1. Registration and use of the Exxecta platform is generally free of charge for Senior Executives and Ambassadors.
  2. Searchers can register and use the basic services free of charge. Only by using extended services, fees may apply. The fee model is accessible in the Searcher profile. In the course of a Search Project costs and fees will be explicitly outlined.
    Service fees, which are not outlined in the price list, are subject to individual agreements.
  3. All services will be charged the currently valid VAT for national Searchers. Is the invoice recipient based outside of Germany, the invoice will be raised net. Billing will happen by-weekly.
  4. Invoices will neither be sent as a pdf-attachment nor as a physic letter. The Searcher will be informed via e-mail as soon as a new invoice has been uploaded to his account. With the upload of an invoice into the account of a Searcher the invoice is considered delivered.
    Variations of this process only occur for invoices that are related to placements or extended services.
  5. The fee shall be due for payment immediately upon receipt of the invoice without any deductions, unless special payment terms are agreed in writing on a case-by-case basis.
  6. In the case of payment default of the Customer statutory default interest at the rate applicable to business-to-business transactions will be charged. In the case of default the Customer also undertakes to reimburse Exxecta the dunning and collection charges incurred to the extent they are necessary for pursuit of the claim.
  7. In case of payment default Exxecta is entitled to block the Customer’s access to Exxecta.

Warranty / Liability

  1. Exxecta guarantees the best-possible reproduction of contents of databanks according to the customary technical standard. According to the latest technology it is currently not possible to generate a program that is completely error-free.
  2. Exxecta doesn’t assume any liability that the data provided by the Senior Executives, the actual qualifications or abilities match the expectations of a Searcher. Exxecta cannot be held liable for damages that may occur in the placement process due to wrong information provided by the Senior Executive through willful intent or negligence. Incorrect data will be corrected immediately by the party causing the error, as far as possible and after a written, traceable description of the error.
  3. In the event of a third party getting illegal access to the Exxecta Executive Pool or to the personal data of a Senior Executive, Exxecta shall only be liable in case of wilful intent or gross negligence.
  4. As a matter of principle Exxecta shall not be held liable for legal relationships between a Senior Executive and a Searcher, neither Exxecta accepts responsibility for agreements made between a Searcher and Senior Executive.

Copyrights

  1. All content, such as text and images, included in Exxecta and the domain www.exxecta.com as well as all internet domains of Exxecta, that are linked to this platform is the property of Exxecta and is protected by international copyright laws. Exxecta grants Searchers a standard, non-exclusive, non-transferable and non-sub licensable right to start a Search Project in the Exxecta Executive Pool.
  2. Searchers are only allowed to print or save profile data, documents or extracts of them, like e.g. references, Short or Long Profiles, but only for the purpose of managing Exxecta projects or Exxecta mandates. The use of these documents or to contact one of those candidates for other Search Projects that are not placed via Exxecta, is expressly prohibited.
  3. Systematic copying or production or compilations for further commercial use on the basis of databanks provided by Exxecta is prohibited.

Final Provisions

  1. Insofar as the customer is a merchant or a legal entity under public law, the exclusive legal venue for all disputes arising from these T&C is Munich, Germany. Place of performance for all contractual services shall be the headquarters of Exxecta.
  2. Exxecta is updating these T&C from time to time. In the event of alterations all registered users will be informed by e-mail. If the user doesn’t disagree in written to these new T&C within a period of two weeks commencing with the day after the notification of the alteration, the customer agrees to the new T&C. These T&C are valid as of 01.03.2013.
  3. These T&C are subject to exclusively German right under exclusion of the conflict of law provisions of international private law. The provisions of the UN Purchasing Convention (CISG) do not apply.
  4. Should single provisions of these T&C be or prove to be invalid, the binding force and effectiveness of the other provisions of these T&C shall remain unaffected. The ineffective term shall be replaced with retrospective effect by a regulation that corresponds as closely as possible to the contents of the ineffective term and to the purpose of the desired regulation.