TERMS AND CONDITIONS
germanjobs.com, As of 26 July 2016
These general terms and conditions of business (hereinafter referred to as the “general terms and conditions”) govern the use of the www.germanjobs.com website (hereinafter referred to as the “platform”). General rules, applying without exception to all users of the website (hereinafter referred to as “users”), can be found in paragraphs 1-6 and 10-14 in particular; special rules for the respective user groups can be found in paragraph 7 (candidates) or paragraph 8 (companies). The contractual partner for the contract on the use of the website is:
Start IT Solutions GmbH
Represented by its Managing Director, Melanie Philip
Supervisory authority: Potsdam District Court, HRB 28790 P
(hereinafter referred to as the “operator”)
Only these terms and conditions shall apply to all present and future contractual relationships between the operator and the user. Deviating, conflicting or supplementary conditions shall not form part of the contract, even if the operator is informed of them, unless the operator expressly agrees to their validity. The terms and conditions shall apply even if the operator provides the service without reservation under conflicting conditions of the user. Amendments, additions, or verbal agreements shall only form part of the contract if they are expressly confirmed by a person authorized as a representative by the operator.
The operator reserves the right to amend the terms at any time, insofar as the amendments are acceptable for the user, and without giving reasons. In the case of a change of operator, the operator shall notify the user of this in writing or by e-mail, and shall grant the user a period of at least four weeks to appeal against the changes and advise him/her that, after the expiry of the time-limit for lodging an objection, the amended version of the terms and conditions shall be deemed approved. If the user objects, the terms and conditions shall continue to apply in non-amended form. Significant amendments to the terms and conditions shall only be included in the contract as being effective if the user expressly consents to such amendments.
The terms and conditions shall apply to the relationship between the operator and companies or consumers. The right of revocation regulated in paragraph 9 applies only to consumers who are natural persons and who conclude a legal transaction for purposes that can neither be predominantly attributed to commercial nor to self-employed professional activity in accordance with section (§) 13 of the BGB (German civil code). The right of revocation shall apply to the contract for the use of the platform.
A special right of revocation, to which the operator shall separately refer prior to the conclusion of the relevant contract, shall apply to contracts for the additional services offered by the operator.
A right of revocation shall only exist for any contracts for work, employment or services signed following mediation between the applicant and the company if the conditions for this also exist in these contracts. The operator is not involved in these contracts, so that instruction has to be made by the respective contractual partner. This contractual partner would also be the addressee of any possible declaration of revocation.
2. SUBJECT MATTER OF USE
Paragraphs 3 – 5 apply for other contracts concluded via the platform. The text of the contract is available to the user in German and in English for any contracts concluded.
3. REGISTRATION / QUESTIONNAIRE ON THE CONCLUSION OF CONTRACT
In addition to a free evaluation of the opportunities offered by the German labour market (see paragraph 2), the platform offers a more extensive evaluation of the data transferred by an applicant, as well as other services, though registration by the applicant is needed for these and its evaluation for the applicant is subject to a charge. For this, the applicant shall enter his/her personal details and shall request a user account online.
All users (i.e. applicants and companies) shall confirm that they are of unlimited legal capacity and authorized to sign a service contract. A right to conclude such a contract does not exist.
The applicant enters his/her data in the appropriate boxes or uploads relevant files and/or documents to the operator’s server. In their customer account, users may amend their data (or supplement it) at any time, view their invoices, comprehend the evaluations requested by the user of his/her concrete opportunities in the German labour market, or receive personalized product recommendations. The data entered by the user creates a personal (candidate) profile, which is entered into the existing job pool on the platform. In addition, companies registered on the platform may request to view profiles and to request the transfer of applicants’ contact data for the purpose of initiating contracts for work, employment or services. This is carried out by the operator.
An offer to conclude a service contract is made by the applicant by submitting the questionnaire or the information provided therein. The user is instructed that his/her right of revocation for this existing contract shall expire if he/she specifically requests that the operator immediately begin executing its performance and fulfil it completely. The operator shall accept the offer by sending an acknowledgement of receipt of the questionnaire. The costs incurred for this service shall be reported to the applicant prior to the conclusion of the contract and must then confirmed by the applicant.
4. CONCLUDING THE CONTRACTS FOR OTHER SERVICES
The operator shall offer the user the opportunity to conclude further contracts for additional services. The user is given suggestions on appropriate services based on the information that he/she may order online and/or he/she may request an offer for such services. A contract for these services shall be concluded with the operator when the user expressly accepts the offer from the operator for such a service by clicking on an appropriate button or if the operator accepts an offer from the user, which the latter, in turn, has made by clicking an appropriate button. The contractual partner of these contracts is solely the operator, though the operator shall reserve the right to make use of the provision of third party services. The user shall agree to the performance of this service by third parties.
In any case, prior to the conclusion of a contract concerning additional services, the candidate shall be informed that his/her agreement will lead to an additional contract being concluded, and he/she will be informed of the costs arising and the term of the contract. The applicant generally has the legal right of revocation for these contracts as well. Should the applicant expressly request that the operator begins providing its service and that the performance of this service is to be rendered in full, the right of revocation shall expire. The candidate shall also be notified of this condition prior to the conclusion of this contract. If the operator has already provided services at the time of revocation, the applicant shall pay compensation for the services provided if the operator had already begun providing services before the revocation deadline at the express request of the applicant.
5. PRICES AND PAYMENTS
The mere use of the platform is free of charge. Charges shall only arise on the conclusion of a service contract, for example, a language course, an extended evaluation of the opportunities in the German labour market, or another service offered by the operator.
The respective sum shall be invoiced to the user by the operator immediately after the conclusion of a service contract. The invoice shall be sent via e-mail and may also be called up in its customer account at any time. The user shall agree to the receipt, electronically, of an invoice in accordance with the Umsatzsteuergesetz (Value Added Tax Act). The invoice must be paid immediately upon receipt by the user.
6. OBLIGATIONS OF THE USER
The user shall observe these terms and conditions during the entire use of the platform. The user shall, in particular, refrain from any measures that are likely to negatively affect the proper operation of the platform. These include, but are not limited to, the use of technical or non-technical means of data collection or evaluation, reverse engineering or decompilation of the platform, the loading or uploading of malicious software, the use of “spam” or “mail bombs” via the platform or using the contact information published therein and the platform itself for illicit or illegal purposes.
When creating a customer account, the user must only provide truthful information and ensure that no third party rights could be violated by information provided or content submitted by the user. In the event of recourse being taken by the operator for any such violation of the law, the user must indemnify the operator from any claims from third parties.
The user shall keep access to his/her account secret and ensure that third parties do not have any access to it.
The platform must be used exclusively in the sense of these terms and conditions and, in particular, not for the user’s own commercial purposes. In the event of an infringement, the operator reserves the right to immediately block the user account.
7. SUPPLEMENTARY CONDITIONS FOR APPLICANTS
When creating his/her account, the user must observe the general conditions (in particular, paragraphs 1-6 and 10-14). The user shall expressly agree that his/her data is transmitted in full by the operator to companies that have also signed a contract with the operator, in accordance with the provisions of paragraph 13.
The applicant accepts liability for the accuracy of the information he or she has provided on the platform.
8. SUPPLEMENTARY CONDITIONS FOR COMPANIES
In addition to the general conditions (especially paragraphs 1-6 and 10-14), companies are required to use the data on applicants obtained via the platform only for making contacts for the initiation or completion of contracts for work, employment or services. The transfer of data to third parties is prohibited, insofar as that they are not employees, vicarious agents or affiliates or companies affiliated to companies.
9. INSTRUCTION ON THE RIGHT OF REVOCATION
Right of revocation
You have the right to revoke this contract within fourteen (14) days without giving any reasons.
The revocation period is fourteen (14) days from the date of signing the contract.
To exercise your right of revocation, you must inform us (Start IT Solutions GmbH, Marie-Curie-Straße 1, 26129 Oldenburg, Germany; e-mail: email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. by means of a letter consigned by post or else by e-mail).
You may also use the enclosed Sample revocation form, though this is not mandatory.
To meet the revocation deadline, it is sufficient that you send your notice concerning the right of revocation before the revocation deadline has been reached.
Consequences of revocation:
If you withdraw from this contract, we will reimburse all payments that we have received from you, including the delivery charges (with the exception of the supplementary costs arising from the fact that you have chosen a form of delivery other than the cheapest standard method offered by us) without delay and at the latest within fourteen days from the date on which notification is received of your revocation of this contract with us. For this repayment, we shall use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; In any event, you will not be charged any fees in relation to this repayment.
Your right of revocation shall become invalid (i) if we have performed our service in full and (ii) if you have expressly given your consent to the right of revocation becoming invalid prior to the performance of the service.
If you withdraw from a contract for the provision of services, you shall have to compensate us for the services provided prior to revocation if you have explicitly requested that we start with the provision of services before the revocation deadline has been reached. You must then pay us a reasonable amount corresponding to the proportion of up to the services rendered (in relation to the overall scope of the services foreseen in the contract), up to the time at which you inform us of your invocation of the right of revocation with regard to the contract services.
10. ODR PLATFORM
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council, it is pointed out that the European ODR (Online Dispute Resolution) platform for the online settlement of consumer disputes can be accessed via the following link: www.ec.europa.eu/consumers/odr. Our e-mail address is firstname.lastname@example.org.
11. GUARANTEE AND LIABILITY
In the event of a breach of contractual obligations, the operator, its employees and vicarious agents shall bear unlimited liability for intent and gross negligence, as well as for injury to life, limb or health in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory regulations. In the case of a breach of contractual obligations caused by minor negligence, the liability of the operator, as well as its employees and vicarious agents shall be limited to the foreseeable damage that typically occurs.
The operator shall not be liable with regard to the implementation of the contract for work, employment or services by applicants and/or the companies. The operator shall not be liable for the accuracy of the data provided by the user and/or other details.
The operator shall make every effort to ensure the full availability of the platform. However, limitations on availability may arise due to maintenance work or alterations to the platform. Likewise, server failures or breakdowns of other external resources needed for the accessibility of the website are possible. The operator does not accept liability for unlimited availability.
Unless otherwise regulated, liability by the operator is excluded.
12. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Insofar as the user is given the opportunity to create his/her own content in the context of using the platform, the user shall grant the operator a non-exclusive, transferable, temporally and spatially unlimited right of use of these contents, as well as the corresponding exploitation rights to the contents
The user shall ensure that no rights of third parties are infringed by the use of the platform, in particular through the creation, acquisition or uploading of the user’s own contents. Should any claims be made against the operator due to an infringement caused by the user through his/her conduct, in other words through the use of the platform or due to his/her content, he or she shall be obliged to release us from all claims made by third parties.
13. FINAL PROVISIONS
Additions or amendments to the terms and conditions must be made in writing. Amendments made on the part of the operator are based on paragraph 1 of these terms and conditions.
The place of performance and place of jurisdiction for all legal disputes arising from the contractual relationship, as well as from its conception and its effectiveness shall be, to the extent permitted by law, Berlin. The operator shall be free to select the domicile of the user as the place of jurisdiction.
The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on the International Sale of Goods (CISG) shall be excluded.
Should one or more clauses of these terms and conditions be ineffective or become ineffective over the course of time, the effectiveness of the remaining clauses shall remain unaffected.
germanjobs.com, As of 5 July 2016
The security and protection of your data is a major concern. The operator, in addition to complying with the statutory provisions, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG), shall strive to comprehensively and comprehensibly inform the user of the reason for the data by the operator and the amount of data collected. The following information may be viewed by the user on the platform at any time.
The following entity is responsible for this platform in the context of the provisions of the Federal Data Protection Act (BDSG):
Start IT Solutions GmbH
Represented by its Managing Director, Miriam Mueller
Am Kanal 16-18
In order to create access statistics and to ensure the trouble-free operation of the platform, the following data is collected by the operator when the platform is visited by the user:
– IP address
– The URL of the page accessed
– Referrer (the previous site from which the requested page had been referred)
– Date and time of access
– Duration of the access
The data collected when the website is visited is separated from other data entered by the user when using the platform, then stored and used internally only for the stated purposes; the data is not given to third parties. Any assignment of this data to a particular person by the operator is not possible.
Personal data that is entered and transmitted in this way to the operator when using the services offered on the platform is collected voluntarily from the user. The transmission of data takes place in particular in the context of the arrangement of contracts for work, employment or services (unencrypted, if applicable), so that no strictly confidential information may be transmitted in this way. The operator shall use this data solely to fulfil its contractual obligations and forward it exclusively, and only to the extent necessary, to companies, providers of personnel services and recruiters who work with the operator for the purpose of placing applicants in employment. These third parties may use the data only for the above-mentioned purposes and they are also subject to the provisions of the operator’s general terms and conditions. In relation to the collection and transmission of data, the user shall explicitly agree to the collection, processing and use of data for the aforementioned purposes, as well as with the transmission of data to companies to the extent described by operator in the terms and conditions.
When registering for the newsletter, the e-mail address of the user is used with his/her permission, so that regular and irregular information and publicity may be received from the operator until such time as the cancels the subscription to the newsletter. This may be done at any via the link contained in each newsletter e-mail.
Privacy Statement for the use of Google Analytics
The platform uses functions of the Google Analytics web analysis service. The provider is Google Inc. of 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics also uses so-called “cookies”. As a rule, the information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
Google will use this information, on behalf of the operator of this website, to evaluate your use of the website, to compile reports about the website activities and to provide additional services for website operators related to website usage and internet usage. Because germanjobs.com uses the “IP anonymization” function, your IP address is only stored by Google in a shortened form. The usage data sent to Google Analytics from your browser is not combined with other data from Google.
You may prevent the storage of cookies and therefore the analysis of your usage behaviour by making an appropriate setting on your browser software. You can also prevent the transmission of the data generated by cookies and related to your use of the website (inc. your IP address) to Google, and prevent the processing of this data by Google, by downloading and installing the browser add-on available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de
Objection, revocation, information, correction, blocking, and deletion
The user has the right to object to the use of their data in accordance with section (§) 13, paragraph 2 No. 4 of the Telemedia Act (TMG), as well as to demand information on the data collected in the context of usage. The user may also demand the correction, blocking or deletion of such data within the legally prescribed framework. If you wish to exercise these rights or submit a contradiction, please send an email to email@example.com and mention your user name, your IP address and the time of access if this is necessary for your concern. The operator shall then provide the information requested and arrange the correction, blocking or deletion of the data, as far as possible without violating any other legal obligations. As a rule, this disclosure of information shall be performed electronically.
The purpose of our Website is to deliver information and our experience at a good and fair price.