1. General Provisions
1.1 These T&C apply to contracts between the platform operator and the companies (hereinafter employer / company) posting jobs on the platform in the version current at the time the offer of contract is submitted pursuant to Item 3.1. The platform operator does not recognise general terms & conditions deviating from these T&C – unless expressly approved. This also applies if he does not specifically object to their inclusion.
1.2 The platform operator is entitled to change these T&C for objectively justified reasons (e.g. changes in case law, legal framework, market conditions or business strategy) with reasonable notice. Existing contracting parties will be notified of this by email no less than two weeks prior to the changes taking effect. If the existing contracting party does not object to the notice of changes within the specified time, the changes are considered approved. In the event of an objection, the platform operator is entitled to cancel the contract as of the date the new T&C take effect. The notice of the intended changes to these T&C will specify the deadline and consequences of objecting or failure to do so.
1.3 The annual average availability of the platform is 97.5 %. This does not include required regular maintenance and periods of limited availability due to events beyond the control of the platform operator (e.g. acts of God, actions of third parties, technical problems or changes in the legal situation).
2.1 The platform operator operates an employment website under the aforementioned domain (hereinafter ‘platform’) where companies can submit and publish job postings for a fee. Job seekers can view these postings and contact the potential employers.
2.2 It should be pointed out that the platform operator solely provides the infrastructure to publish the job postings and, where applicable, forward applicant enquiries. He is not involved in the application process between the company and applicants. The platform operator is further not involved in contents exchanged between (potential) applicants / employees.
2.3 The platform operator will strive to continuously increase the reach and name recognition of his website for the largest possible audience of job seekers. The number of applicants for a company and the number of those viewing and researching a job posting, however, depends on a variety of factors. A certain number of applications or having a specific number of persons view the job postings can therefore not be guaranteed. A successful placement of Workers is not owed under any circumstances.
3. Conclusion of Contract, Contract Term, Pricing and Default
3.1 To be able to post a job on the platform (conclusion of contract) the potential employer must create the respective posting by entering the required information in the respective mask. However, the company submitting the job posting does not enter a contract with the platform operator. It rather merely constitutes an offer of contract (invitation to treat). A contract is not concluded until the platform operator expressly confirms the customer order (e.g. by e-mail or fax) or executes the order / publishes the advertisement on the platform. There is no entitlement to the contract being accepted. Acceptance thereof is at the platform operator’s discretion.
3.2 The expiration of the posting (posting term) is specified on the platform. The contract expires upon expiration of the posting. It cannot be cancelled prior to the posting expiring. This does not affect the right to extraordinary termination for good cause.
3.3 The prices for services offered are listed in the price in effect at the time the offer of contract is submitted pursuant to Item 3.1. Invoices are issued immediately after the advertisement is posted and due net within 14 days from receipt. In justified individual cases the platform operator is at liberty to only provide services against advance payment (e.g. company’s past financial difficulties or poor creditworthiness).
3.4 In the event of payment default the platform operator reserves the right to suspend the contracted services until further notice. In the event of payment default, the platform operator is further entitled to charge default interest in the amount of nine percentage points above the base interest rate of the European Central Bank. In the event the platform operator claims further damage caused by default, the businessman is entitled to prove the damage caused by default asserted does not exist or is substantially less.
3.5 The offer of the platform to post jobs is solely aimed at employers as defined by 14 German Civil Code. Contracts will not be concluded with consumers. Prices exclude value added tax unless otherwise specified. The platform operator reserves the right to verify business information prior to and after conclusion of contract and, if necessary, to request suitable documentation; if the company is unable to provide this, the platform operator is entitled to extraordinary cancellation without notice. The platform operator is entitled to terminate an existing contract without notice if evidence of the entrepreneurial status is not provided. In the event of termination without notice any current job postings will be deleted. Any services purchased will be void. Payments will not be refunded.
4. Duties of the Employer
4.1 The employer is obligated to keep the information under his account and his login information confidential. He may only use the platform for the intended purpose (posting jobs) and must refrain from any conduct violating these T&C or applicable law. The company is particularly prohibited from
• insincere postings on the platform;
• publishing untruthful or illegal contents in the postings;
• using the platform to lure away other employers;
• insulting, defaming, blackmailing or otherwise harassing customers, other employers, or third parties;
• sending spam, prohibited advertising or violate applicable law (particularly the General Act on Equal Treatment and / or Data protection laws) or morality;
• collecting user contents and information using automated analysis tools (e.g. bots or crawlers);
• taking action which could be harmful to the platform or the servers of the platform operator (e.g. uploading files infected with viruses or trojans);
• posting pornographic, racist, glorifying or trivialising violence, sedition, right-wing extremist, anti-constitutional or otherwise illegal and immoral contents on the platform;
• using the platform for any other purposes not specified in these T&C.
4.2 The platform operator is entitled to delete such contents without prior notice and / or extraordinary termination of contract without notice. The respective sanctions are at the discretion of the platform operator, who will take into account the nature and severity of the infringement. In the event of termination without notice any current job postings will be deleted. Payments will not be refunded.
5. Duties of the Company Under Data Protection Law
5.1 The employer is obligated to process applications in accordance with applicable law (particularly data protection and General Act on Equal Treatment). In this respect the employer is hereby specifically notified the data may only be used for the application process. Any other use requires the applicant’s consent. Obsolete data must be deleted at the end of an appropriate retention period.
5.2 If the platform operator becomes aware the employer is violating the law, he is entitled to extraordinary termination of contract without notice for good reason. The service packages purchased become void and will not be refunded. If the company is suspected of violating data protection laws, the platform operator may suspend his postings until the matter has been resolved.
6. Removing Job Postings
The platform operator is entitled to block or permanently remove job postings violating these T&C or applicable law from the platform. The same applies to postings suspected of violating applicable law. In this case the burden of proof for refuting this matter is on the employer.
Software, contents and images on the platform are copyrighted. All copyrights are reserved to the respective owners. Use of copyrighted materials is only permitted for the contracted purpose. The use for any other purposes is hereby expressly excluded. The employer is solely responsible for his contents supplied for publication. By placing the order the employer confirms having permission to use these.
8. Company Data from Public Sources
The information in job postings about companies not posting a job on the platform (e.g. company name, company domicile, locations, website address, brief description of business activities, job title, job site, job description) are taken from public sources. Displaying these contents does not constitute a license agreement between the provider and the respective company. Companies which are not registered may at any time object to their published information being disclosed. Please submit your objection to the responsible department specified in our site notice.
9. Liability and Indemnification
9.1 The platform operator is liable toward the employer for all contractual, quasi-contract and legal as well as tortuous claims for damages and reimbursement of costs as follows:
• 9.1.1 The platform operator is liable without limitation for intent or gross negligence, wilful or negligent injury to life, body or health, due to compulsory legal provisions or for assuming a guarantee.
• 9.1.2 In the case of negligent breach of an essential contract duty (‘cardinal duty’) the liability of the platform operator is always limited in amount to the damage typical for the contract foreseeable at the time the contract was concluded except in cases of unlimited liability based on the above item. Cardinal duties are duties which must be fulfilled for proper execution of contract and which can typically be expected to be fulfilled by the companies of the platform operator.
• 9.1.3 Apart from that, any liability of the platform operator is excluded.
• 9.1.4 The above liability provisions also apply with respect to the provider being liable for his agents and legal representatives.
9.2 In the event claims are asserted against the platform operator for illegal conduct or breach of contract by his company, the company releases the platform operator of all third party claims. This particularly includes reasonable costs of legal defence (e.g. court and legal fees) in the statutory amount. Clause 1 and 2 do not apply if the infringement is beyond the control of the company. Irrespective of this, the company however is obligated to promptly notify the platform operator of potential third party claims.
10. Final Provisions
10.1 The contracts between the platform operator and his companies are subject to the laws of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 The provider reserves the right to have the services he is required to provide rendered by third parties in whole or in part.
10.3 In the event the company is a merchant, a legal person organised under public law, or a public separate estate, the aforementioned domicile of our company is the place of jurisdiction for all disputes arising from contractual relationships between the platform operator and its company unless an exclusive place of jurisdiction is established for the dispute.