a company having registered for a “Company” account on the website https://moberries.com
(hereinafter referred to as “Partner”)
Sophienstr. 16, 10178 Berlin, Germany, registered with the commercial register of the local court of Berlin Charlottenburg under HRB 165716 B
(hereinafter referred to as “MoBerries”)
Whereas Partner is looking for potential employees, who meet Partner’s requirements, and MoBerries is prepared to provide Partner with such suitable individuals.
Whereas Partner is prepared to advise individuals, who had previously applied for employment at Partner, but have been rejected, and were not provided through MoBerries, (“Rejected Applicants”) to register with MoBerries.
NOW THEREFORE, Partner and MoBerries (hereinafter individually referred to as “Party” and jointly as “Parties”) agree as follows:
1. Provision of Candidates to Partner
1.1 Partner is entitled to initiate Candidate Searches to be effected by MoBerries. One or several Candidate Searches can be active at the same time.
1.2 To initiate a Candidate Search, Partner shall provide a request for a Candidate Search to MoBerries, specifying the type of position offered to the Candidate (“Position”) and the profile of the Candidate requested (“Job Description”), and all other additional requirements (if any).
1.3 During one (1) month after receipt of the request for a Candidate (“Search Period”), MoBerries will search for and provide Partner with individuals who meet Partner’s Job Description and other requirements (if any), if and to the extent individuals are available in MoBerries’ database (“Candidate Search”, each individual result of a Candidate Search hereafter a “Candidate”).
1.4 Partner shall treat information on the Candidates provided to it by MoBerries as confidential and use it only in accordance with applicable laws and only in connection with the respective Job Description, except where the Candidate grants consent to further use vis-a-vis Partner.
2. Referral of Rejected Applicants to MoBerries
2.1 For the duration of their subscription with MoBerries, Partner shall advise Rejected Applicants to apply with MoBerries for registration as candidate in MoBerries’ database. For this purpose, MoBerries will provide a personalized hyperlink to Partner (“Personalized Hyperlink”).
2.2 MoBerries will perform Candidate Searches for Partner hereunder once MoBerries has determined that Partner is meeting its obligation under clause 2.1. MoBerries may make such determination when the first application from a Rejected Applicant has been received via the Personalized Hyperlink as set forth in clause 2.1 or otherwise.
3. Acceptance or Rejection of Candidates by Partner
3.1 Partner is entitled to preview Candidates’ personal information and “Accept” or “Reject” each Candidate (each such preview, an “Intro”), up to the maximum amount of Intros permitted under Partner’s subscription level (see clause 4).
3.2 Once Partner has “Accepted” a Candidate, Partner will then be enabled and entitled to solicit such Candidate for Position.
3.3 During the Search Period and for a period of six (6) months thereafter, Partner is not entitled, and hereby agrees not to, solicit Candidates that have been “Rejected” by Partner, or Candidates that have neither been “Accepted” nor ”Rejected” by Partner, with an intent to recruit them or consider them for recruitment for Position.
3.4 Partner hereby avows and affirms, under contractual penalty of payment of the threefold amount of Partner’s current monthly subscription plan for each instance, to not breach, violate, circumvent or otherwise harm the conditions set forth in clause 3.3 above. MoBerries reserves the right to immediately terminate Partner’s subscription plan without further notice in case of any breach hereof.
3.5 Partner shall inform MoBerries without undue delay,
(1) if the Position is no longer available; and/or
(2) if the Position has been given to a Candidate provided by MoBerries, the name of the respective Candidate.
4. Fees and Terms of Payment
4.1 Partner shall pay a fixed monthly fee, depending on Partner’s subscription level as detailed below, per calendar month (“Monthly Fee”). Any amounts stated exclude applicable VAT. If Partner chooses a yearly billing cycle, the applicable Monthly Fees for the first twelve (12) months shall become due and payable at the beginning of each yearly billing cycle. If Partner chooses a monthly billing cycle, the Monthly Fee for each month shall become due and payable at the beginning of each month.
4.2 During each calendar month, Partner may submit up to the respective maximum number of Job Descriptions triggering a Candidate Search, and preview up to the respective maximum number of Intros, depending on Partner’s subscription level as detailed below.
4.3 If Partner wishes to submit to the Pro Version or Enterprise Version, the Partner shall pay an additional fee to MoBerries for the account setup (“Additional Fee”).
|Subscription Level||Basic Version||Pro Version||Enterprise Version|
|Monthly Fee||EUR 349,-||EUR 949,-||Custom|
|Maximum number of Job Descriptions||3||10||unlimited|
|on-boarding set up||-||EUR 500,-||EUR 500,-|
|Multiple Department Logins||not included||not included||included|
|ATS Integration||not included||not included||included|
|Job Advertisement Campaigns||not included||not included||included|
4.4 Partner shall be invoiced in writing at the beginning of each calendar month (or, in case of yearly billing, at the beginning of each yearly billing cycle). The total fee shall be paid by bank transfer within 5 days after receipt of the invoice.
5. Duration and Termination
5.1 This Partner Agreement shall enter into force upon commencement of the subscription and has a term of twelve (12) months. In case the Partner Agreement is not terminated one (1) month prior to the end of its term, the term shall automatically be extended for a subsequent period of twelve (12) months.
5.2 The Parties’ right to termination for cause remains unaffected.
5.3 MoBerries shall, in particular, be entitled to terminate the Partner Agreement for cause in case Partner does not meet its obligation pursuant to clause 2.1.
6. Trial Period
6.1 Prior to commencement of the subscription, Partner may submit to MoBerries a request for using the platform for a limited time period free of charge (“Trial Period”). MoBerries may, in its sole discretion, grant such request to Partner, specifying the features that will be available to Partner during the Trial Period as well as the duration of the Trial Period.
6.2 The Trial Period will generally last up to two weeks, subject to MoBerries’ discretion. The duration of any Trial Period shall not count towards any twelve (12) months’ term as set forth in clause 5.1.
6.3 During the Trial Period, all terms and conditions of this Partner Agreement (including, without limitation, Partner’s obligations pursuant to clause 2.1 hereof) will apply, provided that no Monthly Fee shall be due during the Trial Period.
6.4 Once the Trial Period ends, MoBerries will approach Partner with an offer to enter into a paid subscription level as set forth in clause 4 above. Partner may accept such offer by selecting the applicable subscription level and providing its payment details to MoBerries.
6.5 In the event that, during the Trial Period, Partner successfully solicits a Candidate for employment, the Trial Period will immediately end and will be replaced by a ‘Basic Version’ subscription level, unless otherwise agreed between the Parties.
7.2 MoBerries will treat any information or document received from Partner for the performance of this Partner Agreement as confidential and will communicate it to third parties only to the extent strictly necessary for the performance of this Partner Agreement.
8.1 MoBerries cannot be held liable for the correctness, completeness or the content of or in any other respect for the information provided by any Candidate. MoBerries cannot be held liable for any misuse of data by third parties.
8.2 The liability for gross negligence and intent remains unaffected.
9. Relationship between the Parties
9.1 MoBerries will not have any power to act as agent, or anyhow on behalf of the Partner, in any relationship with third parties.
9.2 For the duration of this Partner Agreement, Partner grants to MoBerries the right to use Partner’s name and logo as reference (e.g. on its website and in advertising materials).
10.1 This Partner Agreement constitutes the entire agreement between the Parties as to the object hereof and shall substitute any previous contract and/or agreement, whether written or oral, in place between the Parties.
10.2 Changes of this Partner Agreement including this clause shall be made in writing in order to be valid. Within the scope of this Partner Agreement “in writing” means by registered mail or email.
10.3 This Partner Agreement shall be governed by and interpreted exclusively under the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on the International Sale of Goods (CISG).
10.4 To the extent permitted by law, the courts of Berlin, Germany shall have exclusive jurisdiction over any dispute arising out of or in relation to this Partner Agreement.
10.5 Should individual provisions of this Partner Agreement be legally unenforceable this will not affect the binding nature of the remainder of the contract. An unenforceable provision shall be deemed to have been replaced by an enforceable provision that most closely reflects the wishes of the Parties from the commercial aspect.
10.6 The original of this Partner Agreement is drafted in English. In case of any inconsistency with a translation of this Partner Agreement in another language, the English version shall prevail.