Sprad Software GmbH (hereinafter "Sprad") provides its services exclusively based on the following Terms and Conditions (T&C). These shall apply to all legal relationships between Sprad and the customer, even if no explicit reference is made to them. The version valid at the time of the conclusion of the contract shall be authoritative in each case. Changes to the T&C shall be communicated to the customer and considered agreed upon if the customer does not object to the changed T&C in writing within 14 days. Sprad's offers are subject to change without notice and are not binding.
Any terms and conditions of the customer, even if known, shall not be accepted unless otherwise expressly agreed in writing in individual cases. Sprad objects explicitly to the customer's terms and conditions. No further objection to the customer's T&C by Sprad shall be required.
By registering an account via the Sprad platform, the customer accepts the T&C and the offer to conclude a contract for using the platform. In case of agreement of a free trial version, it is limited to 30 days and, without written notice, is automatically switched to the paid version.
The subject matter of the contract is the provision of the offered platform for a limited period, which includes a free trial version for 30 days and chargeable services. Sprad reserves the right to shorten the free trial version or discontinue it entirely. The customer will receive a Sprad subdomain (e.g., customer.sprad.io). Sprad reserves the right to block and/or change certain domains. The password that allows the customer to access the personal area must be kept strictly confidential and may not be disclosed to third parties.
During the term of a signed Agreement, Sprad grants the customer the technical ability to access the web-based platform offered herein and use the platform's functionalities following these T&Cs. Sprad is entitled to modify and/or update the Service (including infrastructure, technical configurations, functions, etc.) during the Agreement term.
Through the Sprad Platform, the company may obtain suitable applicants based on employee referrals. In doing so, Sprad only provides the platform for administering the referral program. Sprad expressly points out that it neither searches for suitable applicants for the customer nor guarantees that the customer will find a qualified applicant for its company.
Via Sprad's platform, employees (hereinafter "Users") of the Customer may be invited to recommend qualified candidates for advertised positions of the customer. For this purpose, the employees receive an invitation to the platform from the customer and can set up their account, including access data. Employees receive a reward for specific actions (e.g., Recommending a suitable candidate or hiring a recommended person) and a certain number of points. These accumulated points can be exchanged for rewards determined by the customer. Sprad expressly points out that the payment of the rewards is the customer's sole responsibility. Sprad shall not be a party to any agreement between the customer and the employees. In addition, it is the customer's sole responsibility to observe the legal provisions regarding social security and tax law when making payments.
The customer shall be granted the non-exclusive, non-sublicensable right, limited in time to the term of the Agreement, to access the web-based platform for the customer's own internal business purposes within the scope of contractual and proper use and to use the functionalities offered on the platform following this Agreement using a browser. The customer shall not be granted any rights beyond this, particularly to the platform and the associated software.
The customer is not entitled to use the platform beyond the use permitted following this contract. Without written consent, the customer is not authorized to allow third parties to use the platform independently. In particular, the customer is also not permitted to reproduce, sell or temporarily transfer the platform or parts thereof, not to rent or lend it. If third-party property rights impair the contractual use of the platform through no fault of Sprad. Sprad shall be entitled to refuse the services affected thereby.
Sprad is entitled to have the contract or parts of the contract (such as the platform hosting) fulfilled by third parties. Sprad is not responsible for delays in performance due to extraordinary and unforeseeable events which cannot be prevented even by the utmost diligence of Sprad (this includes, in particular, strikes, official and court orders, etc.). They entitle Sprad to postpone the service for the impending event.
The customer undertakes to post only job advertisements that comply with the legal framework and to update them regularly. The customer is solely responsible for the content and legality of the data and images provided.
The customer is also obliged in particular
- to pay the agreed fees in due time. For each unpaid or returned direct debit, the customer shall reimburse Sprad for the costs incurred to the extent that the customer is responsible for the event giving rise to the costs.
- protect the user and access authorizations (especially passwords) assigned to them from access by third parties and not pass them on to unauthorized users.
- ensure that (e.g., when copying texts, etc.) all industrial property rights and copyrights are observed.
- to obtain the necessary consent of the person concerned insofar as they collect, process, or use personal data within the framework of using the platform, and no legally permissible circumstance applies.
- to refrain from attempting to retrieve information or data without authorization, either by himself or through unauthorized third parties, to intervene or allow intervention in programs operated by the provider, or to penetrate the data networks of the provider without authorization.
- the customer is prohibited from storing content whose provision, publication, or use violates applicable law or agreements with third parties. In particular, the customer agrees not to transmit any data or images whose content violates the rights of third parties (e.g., personal rights, name rights, trademark rights, copyrights, etc.) or violates existing laws.
- Sprad does not verify the data entered on the platform, especially regarding data quality, compatibility, and accuracy. If the customer overwrites or deletes data, Sprad is not obliged to restore this data.
The customer agrees to use the services offered by Sprad only to the extent permitted by law and these T&Cs. Abusive use leads to the exclusion of the right of use granted by the Agreement. Sprad may deactivate the account of the respective customer after becoming aware of an abusive use and terminate the contract extraordinarily. In this case, any fees already paid will not be refunded. Abusive use shall be deemed to exist in the case of illegal use, such as copyright infringements. In addition, improper use is considered to be the provision, dissemination, or another kind of utilization of illegally acquired data and the dissemination or provision of data for illegal purposes. In particular, the use of the Sprad Service
- to send spam,
- to send and store offensive, obscene, threatening, insulting, or in any other way violating the rights of third parties,
- send or store viruses, worms, Trojan horses, or harmful computer codes, files, scripts, agents or programs,
- uploading programs that are capable of disrupting, interfering with, or preventing the operation of Sprad,
- attempting to gain unauthorized access to the Sprad Service or Platform, or to individual modules, systems, or applications, or granting such access to third parties in an abusive manner.
The customer undertakes to indemnify Sprad against all claims of third parties, including reasonable or legally determined costs for legal prosecution, which are based on a non-contractual, abusive, and/or illegal use of the Platform and its contents by the customer or which are made with the customer's approval or which arise in particular from data protection, copyright or other legal disputes associated with the use of Sprad. If the customer recognizes or must recognize that such a violation is imminent, the customer shall be obligated to inform Sprad immediately. The customer shall support Sprad in the defense against such claims, in particular by providing all information necessary for the reason. The customer must compensate Sprad for any damages incurred by the successful enforcement of such claims by third parties.
If the customer has not selected a minimum contract period when concluding the contract, the contract shall run indefinitely but may be terminated in writing by either party at any time with three months' notice to the end of the month. If the customer does not use any paid services, Sprad has the right to discontinue the service at any time or terminate the contract without notice.
Upon expiration of a minimum contract term, the term shall be extended by the same duration if the contract is not terminated in writing by the customer, with a notice period of three months to the end of the term.
For all chargeable packages, the customer must pay a monthly or annual usage fee to Sprad. The amount of the usage fee is determined by Sprad's prices in effect at the time of the order. All prices are net prices plus the applicable sales tax. Sprad is entitled to adjust the amount of the usage fee to the new number of employees of the customer in case of an extension of the term of the contract. Furthermore, Sprad is entitled to adjust the price to the current inflation. All price increases not already agreed upon in the main contract will be communicated to the customer before the end of the contract term. The customer may object in text form within 14 days of receiving the notification. If the customer objects, Sprad is entitled to extraordinarily terminate the main contract at the end of the contract term, notwithstanding the termination provision.
The usage fee is to be advanced by the customer cumulatively over the entire contract term at the beginning/extension of the contract. In the event of a default of payment, Sprad shall be entitled to block the access of the customer and all accounts set up by the customer to the platform until all outstanding claims have been settled. The customer is not entitled to a set-off.
Sprad warrants, but only to the extent paid services have been used, that the Sprad platform will have substantially 99.5% availability per year, but not that the platform will be error-free or uninterrupted, nor that the platform will function in combination with any of customer's content, applications or systems, or with any other hardware and software or systems or data. In addition, the customer acknowledges that Sprad does not control online data transmission and that the platform may be subject to limitations, delays, and other problems. Sprad shall not be responsible for any delays or other damages incurred due to such issues. Sprad is not responsible for customer errors or any third-party content or applications. The customer shall immediately notify Sprad of any malfunction of the Sprad platform by e-mail. A malfunction report sent this way shall contain all relevant information to enable Sprad to reproduce and remedy the essential defect.
Sprad shall be liable to its customers in the case of paid use only for damages that are demonstrably caused by Sprad or one of its legal representatives or vicarious agents intentionally or through gross negligence. In the case of chargeable use of its content, Sprad shall be liable only for damages that are demonstrably caused by Sprad or one of its legal representatives or vicarious agents intentionally or through gross negligence. In any case, Sprad's liability shall be limited to the amount of the foreseeable damage typical for this type of contract, whereby any compensation or other claim against Sprad shall be limited to the invoice value or the usage fee for the contract period (in the case of unlimited contracts, to the amount of a cumulative annual usage fee). Any liability beyond this is excluded.
Liability for indirect damages, such as loss of profit, costs associated with business interruption, loss of data or claims by third parties, incidental damages, or consequential damages, is also excluded. Claims for damages shall become statute-barred following the statutory provisions, but at the latest upon expiry of 6 months from the knowledge of the damage and the adverse party.
The data of customers and their employees will not be shared with third parties or other customers of Sprad. The customer is responsible for reviewing and complying with the data protection regulations that apply to the collection, processing, and use of his data within the scope of the service, as well as for safeguarding the rights of the data subjects to information, correction, blocking, and deletion.
This contract shall be governed by the laws of the Republic of Austria, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes arising from and in connection with the Agreement and this T&Cs shall be Vienna (Austria). Amendments or supplements to these T&Cs must be made in writing to be valid. The customer is not entitled to transfer his Agreement or rights and obligations arising from this T&Cs, including the use of the platform, in whole or in part, to third parties without the prior written consent of Sprad.
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the Agreements concluded on their basis. The invalid provision shall be replaced by a valid one that comes as close as possible to the meaning and purpose.
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