Terms and conditions | joblocal GmbH
 

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR COMMERCIAL CUSTOMERS.

Section 1 Scope

1.1 The following Terms and Conditions apply to all commercial companies (hereinafter referred to as the “Customer” or “Customers”), who wish to be represented on one or more platform(s) operated by joblocal GmbH (hereinafter referred to as the “Portal”) and use the Portal to recruit staff. The following Portals are operated by joblocal GmbH, Rosenheimerstr. 64a, 83059 Kolbermoor (hereinafter referred to as the “Provider”):
augsburgerjobs.de
muenchenerjobs.de
regensburgjobs.de
ingolstadtjobs.de
niederbayernjobs.de
rheinneckarjobs.de
jobsinhannover.de
jobsinberlin.de
jobsinrheinmain.de
koelnerjobs.de
duesseldorferjobs.de

1.2 Any deviations from these Terms and Conditions of Use shall only be regarded as having been agreed if they have been expressly confirmed in writing by the Provider

1.3 The following provisions apply to the use of one or more Portals. However, for convenience they shall be referred to in the singular (“the Portal”).

Section 2 Content

2.1 The Portal provides a platform for the development of individual career opportunities for private individuals and/or the targeted recruitment and development of staff for companies. As part of the product offering, private individuals have the option to make their professional profile accessible to prospective companies, apply for advertised jobs or allow companies to approach them in relation to vacancies to be filled. Registration and verification of the email address supplied by the Customer will be required to use this service. Use of this service is free of charge for private users (job applicants). Chargeable job advertisements commissioned for the Portal will be published on the Portal, along with job advertisements that have been published elsewhere and stored by the Provider in the Portal's database, with reference made to the source.

2.2 All content provided on the Portal is protected by copyright. The registration process does not include any transfer of ownership rights or rights of use, licences or other rights to the Customers. All rights to the software used, marks, titles, brands and copyrights and other rights shall remain with the Provider without restriction. Commercial address procurement and the copying of content, including in particular user profiles or contact details, and their publication elsewhere without the written approval of the Provider shall not be permitted.

Section 3 Access authorisation/registration obligation

3.1 Companies from all industries shall be authorised to gain access.

3.2 Companies may only promote themselves on the Portal after they have registered as a Customer. This is done by providing company-specific and personal data (such as the company name, address, company size, name and email address of the responsible point of contact) and is based on the assumption that these General Terms and Conditions of Business have been accepted. The user name is the same as the email address in question, and the password may be retrospectively amended by the Customer. Each Customer may only register once. For each subsequent use, the Customer must log in using the user details (user name and password) issued when registering for the first time. This authorisation only applies on a personal level to the point of contact specified by the Customer, and may only be transferred to other employees working for the Customer. The Customer undertakes to maintain secrecy over its access details; it shall be liable without limitation for all employees in this regard. Should a Customer become aware of any improper use of its login, it must immediately notify the Provider of this situation and alter its password with immediate effect in order to prevent unauthorised persons from gaining access. The Provider shall not assume any liability for losses resulting from the unauthorised and/or improper use of the Customer's password protected login.

3.3 When completing the registration process, the Customer undertakes to provide truthful and complete information/data and update this immediately if there are any subsequent changes. The same applies to any content in the Portal posted by the Customer at a later date.

3.4 The Customer shall ensure it can be contacted by the Provider at any time using the contact details specified within the framework of the registration process, including in particular via email.

3.5 The Provider reserves the right to reject the registration of individual companies without specifying the reasons for doing so. The Provider also reserves the right to block Customers that are already active for good cause (including, for example, breaches of these GTCB).

3.6 The registration of companies as Customers is free of charge. However, all of the Portal's functionalities may only be used if the Customer has commissioned additional chargeable services (“Premium Services”).

3.7. Unless otherwise explicitly agreed on an individual basis, a contract shall only come into force upon the successful completion of the registration process by way of confirmation issued by the Provider in text form (email).

Section 4 Obligations of the Customer and impairment of performance

4.1 The Customer may only use the service rendered by the Provider in a due and proper way. The Customer shall in particular:
Not use the access options to the service in a manner inconsistent with law, in particular complying with these General Terms and Conditions of Business, and respect the laws and the rights of third parties; respect the accepted data security principles for ensuring data protection and adhere to the obligations of the Privacy Statement; check any emails and queries sent to the Provider or third party as carefully as possible for viruses; adhere to legal, official and technical regulations.

4.2 The Customer shall be liable to reimburse the Provider for any losses resulting from any culpable breach of these obligations.

4.3 From a legal perspective, the Customer shall be solely responsible for the content it posts and must ensure that no improper or immoral content is added, or the addition of such content is enabled, or such content is stored, disseminated or made accessible, or reference and/or a link is made to a product with such content. With regard to the content it posts and any communication via the Portal, the Customer undertakes in particular to provide truthful information to the best of its knowledge and observe the provisions of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), including in particular by ensuring job advertisements are worded in a gender-neutral manner.

4.4 The posting of illegal, racist, pornographic, inhumane and insulting content, content inciting individuals to commit criminal acts and content that goes against common decency is explicitly prohibited. It is also explicitly prohibited to circulate content in which hatred against certain parts of the population is incited (sedition), or which promotes propaganda for an anti-constitutional organisation, as well as statements which are defamatory, libellous or commercially detrimental and/or infringe personal rights, as well as junk mail, spam, chain letters or other content of a promotional nature. It is also prohibited to post articles, which infringe the principles of data security (such as articles and emails afflicted with viruses, worms, trojans etc.).

4.5 A decision regarding the posting of the Customer's content in the Portal shall be at the discretion of the Provider. The Provider is therefore entitled at any time to refuse publication of content, including in particular job advertisements, without specifying the reasons for doing so and/or remove once again any content that has already been posted.

4.6 The Customer is solely and entirely responsible for the content it posts on the Portal and undertakes to reimburse the Provider for all losses, including all expenses, incurred by the latter as a result of culpable breaches of these Terms and Conditions of Use. The Customer must explicitly indemnify the Provider, upon first request to do so, from all legitimate third party claims and the costs of any associated prosecution.

4.7 The Provider also reserves the right, where there is suspicion of misuse or material contractual breaches, to investigate these processes, to take appropriate measures, and, in the event such suspicion is well-founded, to block the Customer's access, at least until the Customer can clear up any such suspicion on its own part, and/or, in the event of particularly serious breaches, to terminate the contractual relationship with immediate effect, where necessary. If the Customer is able to clear up any such suspicion, the ban shall be lifted.

Section 5 Scope of use

5.1 If content, including in particular information about jobseekers, is made available to the Customer via the Portal, such content may only be used by the Customer for its own internal purposes. Any use of content for external commercial purposes shall be prohibited. Archiving may only be for the Customer's own purposes or internal purposes, i.e. not made available to third parties, and must not be for making copies for third parties, and the use of the archives must not result in any additional utilisation of the content. All other uses (such as copies for external commercial purposes, including archiving, transfer to or processing by third parties for their own purpose or external purpose, or for public disclosure, translation, processing etc.) shall require the prior written consent of the Provider.

5.2 Copyright references and/or brand names and/or other legal reservations in the content may neither be amended nor rectified.

5.3 Once registered, jobseekers and/or other private users are explicitly permitted to post their own content in the intended places in the Portal. User-generated content does not originate from the Provider and shall not therefore be published in the Provider's name either. The Provider does not assume any responsibility for the user’s content or statements and explicitly distances itself from all user-generated or other recognisable third party content, i.e. content not originating from the Provider.

5.4 Upon posting its content, the Customer grants to the Provider the right to publish and/or arrange for such content to be published on the Portal, to circulate and/or arrange for such content to be circulated, or make publicly accessible to third parties using other methods. This granting of rights includes the option to make articles available to be retrieved by third parties and to archive articles. Upon posting its content, the Customer hereby confirms that it can exercise the rights conferred on it, and that these rights have not already been otherwise exercised in a way in which the Provider’s aforementioned rights of use could be impaired. When posting images or videos, the Customer confirms that all recognisable individuals featuring in them have consented to their publication. Any files uploaded by the Customer shall be reformatted by the Provider, where necessary, into the format required to enable publication on the Portal. Only the data structure rather than the data content shall be changed in this reformatting process.

5.5 For the purpose of promoting the Portals and/or the Provider, the Customer shall also grant the Provider the right to publish and/or arrange for publication of the fact that the Customer is looking for and/or has looked for staff via the Provider’s Portals (“References”). Within this context, the Customer shall also grant the Provider the right to use the Customer’s company name and/or its company symbol (such as its logo, lettering, etc.).

5.6 Customers who have booked a "PremiumFlat" service shall for the term of this service grant the Provider the right to add to the Portal any job advertisements that the Customer has been advertising outside of the Portal (such as on its website or in other media), doing so with reference to the source (see Clause 2.1 at the end). The Customer has the right at any time to object to the inclusion of individual or all job advertisements of that particular nature.

§ 6. Obligations of the Provider

6.1 Depending on the contractually agreed service, the Customer may publish job advertisements and other company-related content within the framework of its company profile. The Customer may assume responsibility itself for adding the content in an entry form specified by the Provider. The Provider shall make the Customer’s content available to interested parties via the Internet. In addition, the Customer may establish contact with jobseekers who fulfil its desirable criteria and enter targeted company information in its profile.

6.2 The content posted by the Customer, including in particular job advertisements, may be accessed on the Portal for a limited period of time. The duration such content is available is derived from the respective agreements reached with the Customer. The Customer’s option to publish advertisements on the Portal shall be spatially restricted to the respective catchment area for the Portal. Unless otherwise agreed, this area shall be defined by the following map (link).

6.3 The Provider shall not have any material involvement in the communication, exchange of information or job placement between companies and private users. The Provider shall not assume any liability in this regard for the accuracy and completeness of the information given by private users about the various services and shall not check this information either.

6.4 Insofar as companies and private users conclude contracts between themselves via the Portal, there shall not be any resulting contractual obligations for the Provider.

6.5 The Provider reserves the right to make changes to its services insofar as the changes in question do not alter the core services and are appropriate for the Customers, when taking into account their interests.

6.6 The Provider is entitled to wholly or partially assign the services it is obliged to provide to third parties.

Section 7 Personal data The use, processing and utilisation of personal data shall be in accordance with the respectively applicable statutory provisions and the Provider’s data protection provisions.

Section 8 Warranty

8.1 Where technically possible to do so, the Provider shall attempt to rectify any more serious faults and errors as quickly as possible and rectify any negligible impairment within a reasonable period of time. The Provider shall endeavour to keep the services offered on the Portal accessible at any time. However, the Customer shall have no entitlement to the continuous availability and defect-free nature of the services. 8.2 The Provider shall in no way be responsible for the potential success of a job placement and shall not be liable for any job placement failing to materialise

8.3 The Customer is aware, based on the state of the art, that it is not possible to rule out all risks arising from use of the Internet. As a result, the Provider shall not assume any responsibility for technical defects, including in particular for the continuous and uninterrupted availability of the database and its contents, or for the complete, error-free reproduction of the content posted by the Customer.

Customer. 8.4 All downloads, regardless of whether they are directly from the Portal or from websites linked to the Portal, shall be undertaken at your own risk.

Section 9 Limitation of liability of the Provider

9.1 In the case of intent or gross negligence, the Provider shall be liable without limitation for all losses caused by the Provider in conjunction with the provision of the contractual services.

9.2 In the case of light negligence, the provider shall be liable without limitation in the event of injury to life, limb or health.

9.3 In all other situations, the Provider shall only be liable if it was in breach of a fundamental contractual obligation. Fundamental contractual obligations are obligations that must be fulfilled in order to ensure the proper performance of the contract and that the User can regularly expect to be fulfilled. In this case, however, our liability is limited to compensation of any foreseeable losses that may typically occur.

9.4 Where the Provider’s liability according to the aforementioned provisions is excluded or restricted, this shall also apply to any of the Provider’s vicarious agents.

9.5. Compensation claims shall become time barred within 12 months of the end of the year in which the claim arose and the Customer became aware of, or would have become aware of barring gross negligence, the circumstances establishing the claim and the identity of the person or entity causing the damage.

Section 10 Term, remuneration and billing

10.1 The term for using the respective services is laid down in the contract. Except in cases where there is good cause for doing so, termination at a different point in time shall not be possible. If the term is extended, this shall be done at the price applicable from the respective price list and/or product description as at the extension date. If direct debit was agreed as the payment method, it is possible that the claim will become due for payment one day after informing the Customer about the pre-notification, and can then be collected. The Provider reserves the right to modify prices and products for future effect. The Provider shall inform the Customer in good time of any changes relating to the latter.

10.2 If the Customer opts to modify the contract with regard to the product or term, a new contract with a revised defined term may be drawn up.

Section 11 Other provisions

11.1 The laws of the Federal Republic of Germany apply exclusively; application of the UN Convention on Contracts for the International Sale of Goods is excluded here.

11.2 If the user is a merchant, legal person under public law or a special fund under public law, then the registered office of the service provider shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

11.3 Should any provisions of these Terms and Conditions of Use be or become ineffective, the effectiveness of all other provisions shall in no way be affected.