Terms & Conditions

Conclusion of Contract and Contract Documents

Quotations issued by Skarnet Media are non-binding unless expressly designated as binding. A contract is concluded once the Client accepts a quotation in text form, receives an order confirmation, or Skarnet Media begins providing the services with the Client’s consent.

The contractual documents shall apply in the following order of precedence:

1. individual agreements and order confirmations,
2. the specific quotation including the service description,
3. where applicable, a data processing agreement,
4. these Terms & Conditions.

Oral side agreements shall become binding only if confirmed by Skarnet Media at least in text form.

Scope of Services

Depending on the agreed engagement, Skarnet Media provides services in particular in the areas of recruitment marketing, performance marketing, social recruiting, employer branding, media planning, advertising management, campaign strategy, content concepts, creation of advertising materials, landing pages, applicant funnels, tracking, reporting, optimisation, and applicant pre-qualification.

The type, scope, term, channels, target regions, job profiles, number of creatives, revision rounds, points of contact, and any other services shall be determined exclusively by the specific quotation or a supplementary service description.

Skarnet Media is entitled to use suitable freelancers, affiliated companies, or specialised subcontractors to perform the contract. Responsibility for performance in accordance with the contract remains with Skarnet Media.

No Guarantee of Hiring or Campaign Success

Unless a specific result has been expressly agreed in writing, Skarnet Media is obliged to provide the agreed services professionally, but does not owe any specific number of applications, interviews, hires, impressions, clicks, leads, or any particular commercial result.

The success of a recruiting campaign depends, among other things, on the labour market, region, remuneration, shift model, employer brand, applicant demand, the Client’s response time, platform algorithms, and advertising budget. Some of these factors are outside Skarnet Media’s control.

Forecasts, benchmarks, calculations, and experience-based values are estimates based on the information available at the relevant time and do not constitute a guarantee.

Client’s Duties to Cooperate

The Client shall provide Skarnet Media fully and in due time with all information, access credentials, contacts, job profiles, remuneration details, benefits, locations, legal notices, image and video materials, and approvals required to perform the services.

The Client shall ensure that incoming applications are processed promptly. Unless otherwise agreed in the quotation, suitable applicants should, where possible, be contacted for the first time within two business days.

Delays, additional work, or restrictions in performance caused by late, incomplete, or incorrect cooperation by the Client shall not be attributable to Skarnet Media. Agreed deadlines shall be extended accordingly.

Approvals, Content and Third-Party Rights

Before publication, the Client shall review texts, job details, advertising claims, prices, remuneration, working conditions, image materials, trademarks, and legally required information. Approval may be given in text form, through a project management system, or by any other unambiguous confirmation.

The Client warrants that any content it provides may be lawfully used and does not infringe any copyright, trademark, personality, data protection, or other third-party rights. The Client shall indemnify Skarnet Media against justified third-party claims arising from content provided or approved by the Client.

Changes requested after approval shall be treated as additional services unless they are covered by agreed revision rounds.

Advertising Budget, Advertising Accounts and Third-Party Platforms

Media and advertising budgets for Meta, Google, LinkedIn, or other platforms are included in Skarnet Media’s fees only if this is expressly stated in the quotation. Otherwise, the Client shall bear the platform costs separately.

The Client shall ensure sufficient payment funds and functioning advertising, analytics, and business accounts. If accounts are restricted, suspended, or rejected by platform operators, Skarnet Media will support the Client to a reasonable extent, but cannot guarantee reactivation or permanent availability.

Changes to algorithms, policies, prices, delivery mechanisms, or technical functions of external platforms are outside Skarnet Media’s control. Any resulting adjustments may require changes to strategy, schedule, or budget.

Applicants, Pre-Qualification and Hires

Pre-qualification is carried out solely on the basis of the criteria agreed with the Client and the information provided by the respective applicant. Skarnet Media does not conduct legal, medical, security-related, or official suitability checks unless expressly agreed.

The final review, selection, invitation, rejection, and hiring of applicants is the sole responsibility of the Client. The Client is responsible for compliance with employment law, anti-discrimination law, immigration law, and all other requirements applicable to the hiring process.

Any flat fee per hire agreed in the quotation becomes due once the Client, or an affiliated company, enters into a binding employment, training, internship, service, or comparable engagement with an applicant referred or acquired through the campaign. The specific provision in the quotation shall prevail.

Fees, Invoicing and Late Payment

The fees are set out in the respective quotation. They may consist, in particular, of a setup fee, ongoing service fees, project prices, an agreed flat fee per hire, and separately payable media or third-party budgets.

All prices are exclusive of applicable statutory value added tax, where chargeable. Invoices are payable without deduction within the period stated in the quotation or invoice. If no payment term is expressly specified, payment is due within 14 calendar days from the invoice date.

In the event of late payment, the statutory consequences of default shall apply. After prior notice, Skarnet Media is entitled to temporarily suspend further services until all due amounts have been paid. Agreed deadlines shall be postponed accordingly.

The Client may set off or exercise rights of retention only with counterclaims that are undisputed or have been finally established by a court. A right of retention remains permissible insofar as it is based on the same contractual relationship.

Term, Termination and Early Ending

The commencement date, minimum term, renewal, and ordinary notice periods are set out in the respective quotation. If no special provision applies, a project contract ends once the agreed services have been completed.

The right to terminate for cause remains unaffected. Cause exists in particular where, despite being granted a reasonable cure period, a party repeatedly or materially breaches essential contractual obligations.

In the event of early termination, all services performed up to the effective date of termination, incurred third-party and platform costs, and services already firmly scheduled and not otherwise reusable must be remunerated.

Rights of Use and Delivery of Working Files

After full payment, the Client receives a non-exclusive right to use the individually created and delivered work results without territorial or time limitation for the contractually intended purpose, unless otherwise agreed in the quotation.

Exclusive rights of use, open project files, raw materials, source code, editable design files, work-in-progress files, internal templates, methods, scripts, and reusable components are owed only if expressly agreed.

Rights relating to stock media, fonts, plugins, themes, software components, or other third-party content are governed by the respective third-party licence terms.

Skarnet Media may also use general know-how, methods, non-client-specific components, and anonymised insights for other projects. The Client will be named as a reference only where this has been agreed or approved by the Client.

Data Protection and Confidentiality

Both parties shall treat trade and business secrets, as well as other information recognisable as confidential, as confidential. This obligation continues beyond the end of the contract.

Where Skarnet Media processes personal data on behalf of the Client, the parties shall enter into a data processing agreement pursuant to Article 28 GDPR before processing begins, where legally required.

Unless otherwise provided by law, the Client remains responsible for the lawfulness of processing applicant data, compliance with information duties, deletion periods, access permissions, and the lawful conduct of the recruitment process.

Liability

Skarnet Media shall be liable without limitation in cases of intent and gross negligence, culpable injury to life, body, or health, under the German Product Liability Act, and to the extent of any expressly assumed guarantee.

In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable loss typical for the contract at the time of conclusion. Material contractual obligations are obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely.

Otherwise, liability for slight negligence is excluded to the extent permitted by law. In particular, Skarnet Media is not liable for decisions, outages, suspensions, or changes by external platform providers, inaccurate information supplied by applicants, or content provided by the Client.

The Client must report any apparent damage without undue delay and cooperate to a reasonable extent in mitigating the damage.

Force Majeure and Final Provisions

Neither party shall be liable for delays or failures caused by events beyond its reasonable control. These include, in particular, natural events, war, governmental measures, widespread disruptions of telecommunications or platform services, cyberattacks, industrial disputes, and comparable events.

The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Client is a merchant, a legal entity under public law, or a special fund under public law, Heidelberg shall be the place of jurisdiction to the extent permitted by law.

Should individual provisions of these Terms & Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.

Last updated: July 2026