A. General Terms and Conditions of Stellenanzeige.de for all users
§ 1 Scope of these conditions
- The operator of the Stellenanzeige.de portal is Stellenanzeige.de GmbH & Co. KG (hereafter “stellenanzeige.de”), represented by Stellenanzeige.de Verwaltung GmbH, which is represented by the managing director.
- The following conditions apply to all users of the portal www.stellenanzeige.de and the services offered on the portal. Stellenanzeige.de understands users as both job seekers and employers.
- Jobseekers are users who want to find out about vacancies on Stellenshow.de, apply for specific jobs or are looking for other information on the topics of jobs and careers.
- Employers are classified as all companies, institutions, natural persons, etc., that are responsible for the creation of job advertisements or so-called employer branding products (e.g. banners, company profiles, etc.) and/or their placement.
Both together - job seekers and employers - are referred to below as users.
- On the special terms and conditions for job seekers (see B) and employer (cf. C) being point out. In case of doubt, the special terms and conditions take precedence over the general terms and conditions.
- Every user of this portal enters into a contractual relationship with Stellenanzeige.de by visiting it. Any type of access, retrieval, viewing, setting of data, any type of use and visit to this Internet address and the services offered there, as well as any submission or receipt of declarations of intent are made exclusively on the basis of these terms and conditions. Deviations from these terms and conditions are only effective if they have been confirmed in writing by Stellenanzeige.de.
- By using the portal, the user confirms that he has read, acknowledged and accepted the terms and conditions.
- Stellenanzeige.de is entitled to change these conditions at any time. Stellenanzeige.de will inform users in good time about changes to the applicable terms and conditions. Users will be informed of changes on the homepage and, if necessary, by e-mail. The change is deemed to have been approved by the user if he does not object to the change and/or terminate any existing contract within one month of receipt of the change notification. In the event of an objection by the user, Stellenanzeige.de is entitled to terminate any existing contract.
§ 2 Content
- Stellenanzeige.de is a job market on the Internet for bringing together employers and job seekers, in particular about job offers and their publication.
- The offer of Stellenanzeige.de is divided into three areas:
- Jobs & Careers
- Employer branding products
- Information areas on the topics of applications/vacancies
- In the area of job offers, employers provide specific information about a new job to be filled and the existing possibility of concluding a service contract as an employment contract. Job seekers are either guided via a link to an existing homepage of the job provider with online application options or can apply to the job provider by e-mail. Job seekers can use a query mask with detailed selection options to search for a specific job.
- In the area of employer branding, employers have the opportunity to present themselves or their company and present it in an advertising manner, for example by placing advertising banners or company profiles.
- In the information areas, job seekers are offered additional information on the subject of personnel and careers, as well as information on job advertisements for employers.
§ 3 Payment Obligations
Stellenanzeige.de offers free and paid services. Chargeable, ie afflicted with payment obligations, are only those services of Stellenanzeige.de that are expressly marked as chargeable (e.g. the placement of job advertisements).
§ 4 Exclusion of warranty and specificity of the subject of the service
- Stellenanzeige.de does not owe any specific success. In particular, Stellenanzeige.de does not owe the actual finding of potential new employment contract partners, let alone the successful conclusion of employment contracts.
- Stellenanzeige.de is also not responsible for finding or having the information and data the user is looking for. Stellenanzeige.de is only responsible for the fact that the website basically exists and is generally accessible. Whether, how much and with what content the respective users post data and what benefit the users derive from this is not the subject of assurances by Stellenanzeige.de.
§ 5 Copyrights, rights to content and data protection
- Stellenanzeige.de is entitled to all copyrights and other property rights or the rights of use to the pages of the portal, including layout, software and certain content.
- After registration, users are permitted to post their own content in the designated areas of the portal. User-generated content will not be published on behalf of Stellenanzeige.de. Stellenanzeige.de does not adopt their content and statements as its own and expressly dissociates itself from all user-generated or otherwise recognizable foreign content, ie content not originating from Stellenanzeige.de. Stellenanzeige.de has the right to delete user-generated content in whole or in part at any time.
- The user agrees that the content intended for publication by him will not only be made publicly accessible under the domain www.stellenanzeige.de, but also on the Internet pages or in the Print media of the cooperation partners of Stellenanzeige.de are made publicly accessible/distributed.
- By posting his content, the user grants Stellenanzeige.de the right to use this content in relation to all types of use that are related to their publication on Stellenanzeige.de and the cooperation partners according to Section 3 and that promote the purpose of the contract. The granting of rights also includes the use of the content in the context of self-promotion by Stellenanzeige.de.
- The user warrants that all content or parts of it that he or she publishes on Stellenanzeige.de is free from the rights of third parties. By placing an order (e.g. for the creation and/or placement of advertisements), the user confirms that he/she has acquired all copyrights, ancillary copyrights and other rights to the documents and data provided by him/her that are required for posting on the Internet can freely dispose of. Copyright notices and/or brand names and/or other reserved rights in the content may not be changed or removed. The user is obliged to ensure that authorship is acknowledged.
- The user releases Stellenanzeige.de from all claims that may arise from the fact that the right of use was not effectively granted and/or transferred, the data entered was entered in violation of data protection, the entry of data or its content violates criminal or civil law Claims are triggered by incorrect content or tort and/or third parties are violated in their general personal rights. The user will replace any damage caused by a violation of this provision at the first request.
§ 6 Liability
- In addition, Stellenanzeige.de is only liable in the event of simple negligence for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
- Liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 7 Miscellaneous
- If the user is a merchant within the meaning of § 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Munich are exclusively responsible for all disputes arising from or in connection with the contractual relationship in question. In all other cases, Stellenanzeige.de or the user can bring an action before any court having jurisdiction under statutory provisions.
- Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
§ 8 Dispute Participation
Stellenanzeige.de is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
B. Special Terms and Conditions for Job Seekers
The following special terms and conditions apply to all job seekers who want to find out about vacancies at Stellenshow.de, who deposit their CV in the CV database, apply for specific positions or are looking for other information on the topics of jobs and careers.
In case of doubt, these special terms and conditions take precedence over the general terms and conditions.
§ 1 Registration, creation of an account and deletion of the account
- For certain offers, the job seeker must register by providing personal data (user name, password, e-mail address, etc.) and acknowledging these terms and conditions. You can choose your own username and password. Each user may only register once. For each further use, he must log in with the user data (user name and password) assigned when registering for the first time. The authorization only applies to the user personally and is not transferable. The user is obliged to keep his access data secret. If a user becomes aware that his login is being misused, he must report this to Stellendisplay.de immediately and change his password immediately in order to prevent access by unauthorized persons. Stellenanzeige.de assumes no liability for damage resulting from the unauthorized or improper use of password-protected logins by the user.
- The contractual relationship between the user and Stellenanzeige.de is concluded for an indefinite period upon completion of the registration process and can be terminated by either party at any time without observing a notice period. The termination must be in writing or in text form (declaration by e-mail, letter or fax). If a service that requires registration is permanently discontinued, the contract is deemed to be terminated even without a separate notice of termination.
- The job seeker has no ownership rights to their account. If he/she terminates his/her account at Stellenanzeige.de or Stellenanzeige.de terminates the account, the entire account information will be deleted. The information may still be available for a certain time due to delays in the propagation of this deletion action on the web servers.
- Stellenanzeige.de reserves the right to delete a user's account and all related information if it has been inactive for an extended period of time.
§ 2 Data protection and correctness of the data
- The data posted by job seekers will be treated confidentially. The use, processing and use of personal data takes place in accordance with the applicable legal provisions and the data protection regulations of Stellenanzeige.de. The job seeker knows and agrees that their data will be stored. He can object to the storage at any time.
- The job seeker is obliged to provide all data, especially personal data, truthfully. Stellenanzeige.de assumes no liability for the correctness of the data entered.
C. Special Terms and Conditions for Employers
The following special terms and conditions apply to all potential employers, ie companies, institutions, natural persons, etc., who are involved in the creation of job advertisements or so-called employer branding products (e.g. banners, company profiles, etc.) and/or placing them on job advertisements .de. In case of doubt, these special terms and conditions take precedence over the general terms and conditions.
§ 1 Conclusion of contract / contract period
- Contracts between employers and Stellenanzeige.de are concluded
a) if Stellenanzeige.de receives the acceptance of the contract offer with the date, company stamp and signature in the original, as a fax or copy, as a PDF or in another electronic form from the employer. Contract offers made by the employer that have been changed by the employer are considered a new offer by the employer, and the contract only comes into effect when Stellenanzeige.de explicitly accepts the offer. The provision of a service does not count as an implied acceptance.
b) upon completion of an order in the online shop. By clicking the order button, the employer submits an offer to conclude a contract. The user then receives an automated e-mail to the e-mail address provided by him, with which the receipt of the order is confirmed. The transmission of this confirmation e-mail does not mean that the order has been accepted. The acceptance of the order is declared by Stellenanzeige.de by sending a separate additional e-mail.
- The current price list applies.
- The contract period begins with the conclusion of the contract. The contract ends automatically at the end of the agreed term.
- The agreed services can only be accessed within the agreed contract period. At the end of the contract period, the customer no longer has the right to call up services that were not claimed before the end of the contract. In addition, any remaining claims will be fully offset at the end of the contract period.
§ 2 Payment obligations and payment modalities
- Employers have the option of posting job advertisements and/or creating employer profiles. This service is chargeable. The amount of the costs is determined by the duration of use or placement of the advertisement. They are determined according to the current binding price list from Stellenanzeige.de, which the employer can also receive at any time upon request.
- The remuneration fixed as part of the contractual agreement is due for payment without deductions 10 days after receipt of the invoice by the employer, but no later than 14 days after conclusion of the contract. Stellenanzeige.de reserves the right to demand advance payment.
- If payment is not made within the specified period, the employer is obliged to pay interest on arrears at a rate of 9 percentage points above the base interest rate of the claim. Stellenanzeige.de expressly reserves the right to prove greater damage. In the event of a delay in payment,stellenanzeige.de has a reason for extraordinary termination and is in particular entitled to discontinue the contractual services with immediate effect without notice.
§ 3 Placement of job advertisements
- The contracts for placing job offers or other advertisements are concluded for a specific period of time and end automatically when the time has elapsed. Prior ordinary termination is not possible on either side. The extraordinary termination for an important reason remains unaffected. The employer decides the period for which the job advertisement is to be placed. Unless he states otherwise, the standard term of 4 weeks applies as agreed.
- Employer layout requests are always taken into account. If no specific wishes are expressed when the order is placed, Stellenanzeige.de will design the job advertisement itself. Texts are accepted in Word, RTF, ASCII, HTML or PDF formats, logos and graphics in GIF, JPG, BMP, TIF or PDF formats. Job advertisements that have already been completed for print media are accepted in PDF, QUARK X PRESS or Corel Draw formats, provided that the text and graphics in these files are to be edited separately. Stellenanzeige.de reserves the right to change, expand or reduce the permitted formats at any time.
- A job advertisement is limited to one position and a maximum of five locations.
- Even after the order has been placed, changes to the text or layout of the job advertisement are possible. In this respect, however, a separate service contract will be concluded with an additional fee in accordance with the current hourly rate charged to third parties. This does not apply if the service provided by Stellenanzeige.de was defective and Stellenanzeige.de is responsible for this. § 5 number 2 remains unaffected.
- Stellenanzeige.de assumes no responsibility for delivered data material, advertisement texts or related storage media and is in particular not obliged to keep them or return them to the employer.
- Companies with a stake of > 50% can use job ad quotas together. For shareholdings < 50%, joint use of job advertisement quotas is excluded.
§ 4 Creation of company profiles
- The contracts for the publication of a company profile are concluded for a specific period of time and end automatically when the time expires. Prior ordinary termination is not possible on either side. The extraordinary termination for an important reason remains unaffected.
- Stellenanzeige.de provides the employer with input fields that he can fill in himself. The employer must own the rights to the image and text. Links to competitor websites and content or the use of competitor content from Stellenanzeige.de are not permitted. Stellenanzeige.de reserves the right to supplement the information provided by the employer with publicly available company information. The employer can remove any additions and/or object to the addition of his information in text form.
- Stellenanzeige.de is entitled to use the content of the employer profile to advertise the employer profile.
- The company profile can also be made available for retrieval on the website of Stellenanzeige.de beyond the contract period. However, Stellenanzeige.de will remove the company profile at the express request of the employer, which must be in text form.
§ 5 Claims for Defects
- Stellenanzeige.de guarantees implementation of the services commissioned by the employer, to be provided by job advertisements and to be published on the Internet, in accordance with the usual technical standards.
- Claims for defects exist neither in the case of only insignificant deviations from the agreed quality nor in the case of only insignificant impairment of usability. Defects must be reported and reprimanded by the employer immediately in writing, no later than 7 days after publication on the Internet. Stellenanzeige.de initially assumes liability for defects through supplementary performance in the sense of longer placement of the possibly corrected advertisement. Only if this fails can the employer demand a reduction or assert a right of withdrawal.
- All warranty claims of the employer become statute-barred one year from the point in time at which the employer became aware of the defect or should have become aware of it without gross negligence.
§ 6 Imprint obligation, data protection law and liability
- The respective employer is responsible for naming all necessary information according to § 5 TMG (imprint obligation).
- The Employer bears the sole responsibility under press, competition law and other law for the content it supplies for publication. In this regard, he shall indemnifyagents.de from third-party claims.
Status: Oct 2020