The general conditions below apply to all services that KS Media Group AB (referred to below as KSMG) performs on behalf of the client (referred to below as the Advertiser). The conditions constitute part of the agreement regarding the provision of services concluded by KSMG with the Advertiser.
Introductory provisions and definitions
- KSMG, Corp. ID no. 556813-4059, provides websites, web-based services and mobile applications for job advertisements. These general conditions apply to the use of these services.
- The following definitions apply to these general conditions:
- “General Conditions” refers to these general conditions;
- “KSMG” refers to Kindegren Singh Media Group AB, Corp. ID no. 556813-4059, in the operation that relates to the provision of KSMG’s own and third-party channels;
- “The Advertiser” refers to the entrepreneur who has concluded an agreement with KSMG regarding the publishing of the Job Advertisements;
- “Job Advertisement” refers to a job advertisement that the Advertiser wishes to publishes on KSMG’s own and third-party channels, including the information that is provided to KSMG when the advertisement is being published;
- ”KSMG’s own and third-party channels” refers to the websites, web-based services and mobile applications for job advertisements that KSMG provides under the Social Platsannonsering service;
- ”Applicant” refers to people who send in applications to the Advertiser.
General information about KSMG’s own and third-party channels
- KSMG provides KSMG’s own and third-party channels in accordance with these General Conditions.
KSMG gives the Advertiser right to access and use KSMG’s own and third-party channels in accordance with these General Conditions. The Advertiser undertakes not to:
- Collect, copy, sell, reproduce, distribute or in any other way use the content in KSMG’s own and third-party channels unless it is permissible in accordance with these general conditions
- Use ”data mining”, robots or similar data collection methods
- Make available information which is in KSMG’s own and third-party channels on other advertising platforms, external advertising exchanges, data collection platforms or other types of commercial platform
- Carry out any measure that causes an unreasonably or disproportionately large load on KSMG’s own and third-party channels infrastructure; or to breach or attempt to breach KSMG’s own and third-party channels’ security arrangements, including attempts to breach, scan or test the vulnerability of KSMG’s own and third-party channels, systems or networks.
- The content of KSMG’s and third parties’ channels including designs, text, illustrations, pictures, films, information, logotypes, software, audio files and other content is protected by copyright, trademark protection and other applicable rules for intellectual property rights. All such content belongs to KSMG or KSMG’s partners. Unlawful use of such content may constitute a copyright infringement which will be seen as a breach of these General Conditions.
- KSMG reserves the right to make changes to the design of KSMG’s own and third-party channels without prior notice
Personal data and marketing
Rules for the Advertiser
- If the Advertiser wishes to publish a Job Advertisement in KSMG’s own and third-party channels, it should be provided to KSMG in the manner specified on KSMG’s own and third-party channels.
- All Job Advertisements are reviewed prior to publishing. If the Job Advertisement does not pass review the Advertiser will be allowed to adjust the advertisement to undergo new scrutiny. In cases where the Job Advertisement does not pass review the fee will not be reimbursed.
- When the Job Advertisement has been published the Advertiser will receive a draft by e-mail.
A Job Advertisement must in its respective parts comply with the following rules:
- The Job Advertisement may not conflict with Swedish law, the ICC Advertising and Marketing Communications Code or other applicable rules and regulations.
- The Job Advertisement may not contain material that generates controversy, e.g. by inciting agitation against ethnic groups, pornography or violence.
- The Job Advertisement may only extend the offer of employment from one employer. KSMG can make an exception to this rule in special cases.
- Job Advertisements may only advertise offers of employment from a business enterprise, and may therefore not advertise offers of employment of a private nature from private individuals.
- The Job Advertisement that is published on the social media may intended for several types of position on Facebook and Instagram but only one position at LinkedIn.
- It should be possible to apply for the vacancies in the Job Advertisement on the basis of the information in the Job Advertisement.
- The Job Advertisement must specify a placement location which does not have to be consistent with the location where the work will be carried out. A Job Advertisement on Facebook or Instagram may include multiple placement locations but an advertisement in LinkedIn job ad may only advertise one placement location.
- External links to other companies than the Advertiser or employer in question are not permitted in the Job Advertisement
- The content of the Job Advertisement may not infringe upon the copyright, patent, trademark rights or other intellectual property rights.
- The Job Advertisement must meet the technical and editorial requirements that KSMG imposes from time to time.
- KSMG reserves the right to change the content of the Job Advertisement if KSMG considers that it will improve the quality of the Job Advertisement.
- Providing a Job Advertisement to KSMG, the Advertiser grants KSMG a free, perpetual and non-exclusive right for to use, process and distribute the Job Advertisement and parts of the Job Advertisement, by making copies, making the information available in KSMG’s own and third-party channels and for marketing purposes by KSMG. KSMG has the right to further license and transfer this right to another party.
- A contracted Job Advertisement is published until the date agreed with the Advertiser. If the Advertiser wishes to renew a Job Advertisement, i.e. extend the period of its publishing or reactivate a erased Job Advertisement, it will be regarded as a new Job Advertisement and will be subject to additional fees.
Fees and payment terms
- For publishing a Job Advertisement, KSMG charges the fee that is specified in the order form. The fee is also specified on the order conformation. All fees are listed in Swedish krona, exclusive of value-added tax.
- KSMG’s fees for Job Advertisements are payable by invoice. KSMG can only offer invoice payment to Advertisers with a Swedish corporate identity number and an approved credit rating. KSMG sends the invoice after receiving the order. Invoices are payable within 30 days of the invoice date.
- KSMG always reserves the right to request payment by invoice, or that payment is otherwise received by KSMG before the Job Advertisement is published.
If the Advertiser is delayed with payment, KSMG has the right to:
- Charge statutory penalty interest;
- Charge a reminder fee;
- Wholly or partially limit the publishing of the Advertiser’s Job advertisements;
- And deny new Job Advertisements from being published.
The Advertiser’s responsibilities and obligations
- The Advertiser shall handle information from KSMG’s own and third-party channels in accordance with applicable personal data law. The Advertiser shall take the necessary physical, technical and administrative measures to protect the information that is received by or collected from KSMG’s own and third-party channels against loss, destruction or corruption of data, change or use that conflicts with these General Conditions. The Advertiser undertakes to ensure that the information that the Advertiser has on a certain Applicant is immediately erased when it is no longer needed for the purpose for which it was collected or at the Applicant’s or Kindegren Singh Media Group’s request.
- The Advertiser may only contact an Applicant if the Applicant has applied to the Advertiser by replying to the Job Advertisement concerned.
- The Advertiser shall compensate KSMG for direct and indirect losses that KSMG and its representatives incurs due to a Job Advertisement not fulfilling the requirements in these General Conditions or if the Advertiser is otherwise in breach of these General Conditions. KSMG’s right to compensation also includes legal expenses associated with representing KSMG or its representative's in any claims for compensation. The right to compensation also apples when KSMG has examined a Job Advertisement prior to publishing without having raised any objections to it
KSMG’s responsibilities and obligations
- Unless otherwise expressly stated below, KSMG will not be held liable for the material that is uploaded in KSMG’s own and third-party channels being correct, relevant or complete.
- KSMG is not obligated to take measures against Users, or in relation to certain content in KSMG’s own and third-party channels that are in conflict with these General Conditions
- KSMG does not guarantee continuous, uninterrupted or secure access to KSMG’s own and third-party channels. The operation of KSMG’s own and third-party channels can be disrupted by a number of factors outside KSMG’s control and KSMG places no guarantees regarding KSMG’s own and third-party channels function or availability. KSMG cannot be held liable for damage that can affect the Advertiser due to such disruptions, problems or errors
- If a Job Advertisement is not published in accordance with these General Conditions or is otherwise encumbered with errors, and it is due to KSMG, KSMG’s liability to the Advertiser under all circumstances limited to wholly or partially reducing the fee for the Job Advertisement or, if KSMG considers it more suitable, extend the publishing period. KSMG’s liability in this regard is under all circumstances limited to direct loss and shall not include indirect loss such as loss of profit, loss of data, and the Advertiser’s obligation to compensate a third party.
- An Applicant can, via KSMG’s own and third-party channels, list their areas of interest and request that KSMG provides links to relevant Job Advertisements by e-mail. KSMG does its best to ensure that the Applicant receives all relevant links but will not be held liable for this taking place.
- En Applicant can send their application to the Advertiser via KSMG’s own and third-party channels. KSMG will do its best to ensure that ensure that the application is correct but men will not be held liable for it.
- KSMG will not be held liable for the result or outcome of the Advertiser’s published Job Advertisements or the Applicant’s applications in relation to i to a Job Advertisement. The Advertiser is solely liable for published Job Advertisements. KSMG cannot be held liable for employment decisions, irrespective of the reason, made by the Advertiser or other party.
- The Advertiser understands and accepts that the number of visitors to KSMG’s own and third-party channels varies from time to time. KSMG can never guarantee that a certain number of visitors to KSMG’s own and third-party channels and is not liable for any variation such.
- Claims for compensation must, to be valid, be presented to KSMG within three months from the date that the Advertiser knew or should have known about the circumstances on which the claim is based
- The Advertiser cannot impose other sanctions on KSMG than those specified in these General Conditions.
8. Applicable law, dispute settlement and other conditions.
- Disputes regarding the interpretation and/or implementation of these General Conditions shall be settled in accordance with Swedish law with the exception for international rules of private law.
- Disputes arising from these General Conditions will be decided finally by arbitration administrated by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules of Simplified Arbitration Proceedings will be applied unless SCC determines that the arbitration rules must be applied, on the basis of the degree of severity of the case, the value of the dispute and other circumstances. In the last-mentioned case, the SCC will also determine whether the arbitration tribunal should consist of one or three arbitrators. The venue for the arbitration proceedings shall be Stockholm. The proceedings shall be in Swedish.
- Arbitration proceedings that are requested with reference to this arbitration clause are subject to confidentiality. Confidentiality applies to all information that arises during the proceedings including decisions or arbitration outcomes due to the proceedings. Information that is subject to confidentiality may not be disclosed in any form to a third party without the other parties’ written consent. Parties shall, in the meantime, not be prevented from passing in such information to exercise its rights against another party due to the dispute, or if such an obligation is required by law, regulations, authority decisions or equivalent.
KSMG is not liable to pay compensation or other liability if KSMG can show that the error or loss is due to circumstances outside KSMG’s control that KSMG could not have reasonably have foreseen when the agreement was concluded and who’s consequences KSMG could not reasonable have avoided or surmounted.
The Advertiser does not have the right to without KSMG’s written consent, to wholly or partially transfer or pledge its rights and obligations in the agreement with KSMG regarding KSMG’s own and third-party channels.
- Communication with KSMG shall be sent by e-mail to email@example.com.