(1) These General Terms and Conditions are the binding rules that apply between us, JobKontor Berlin GmbH, based in Berlin (managing directors authorised to represent us: Dr. Alexander Schaumann, Stefan Heidemann) – hereinafter referred to as "JobKontor" – and you as a user when using the platform. These T&Cs apply to all interested parties or job seekers – hereinafter referred to as "Job Seekers" – and job offering entrepreneurs or potential employers (hereinafter referred to as "Companies"; Job seekers and companies together are hereinafter referred to as "Users").
(2) JobKontor is a job placement platform for all job seekers who are looking for something new or want to develop further. It enables interested job seekers – especially assistants from other European countries – to register on the JobKontor platform and indicate their professional career aspirations or to use a community platform for mutual exchange. Companies have the opportunity to create and operate their own company profile with the help of the JobKontor software as well as to advertise jobs for which job seekers can apply using the technical tools provided by JobKontor for the application process. JobKontor also provides users with access to the published job advertisements, information on their proper use and further information on the possibility of working in Germany. The subject of the user agreement with JobKontor is the use of the services provided via the platform. The use of the platform requires an internet-enabled device with up-to-date and functional browser software.
(3) These T&Cs apply – exclusively – to all users of the platform, regardless of whether the users are entrepreneurs within the meaning of § 14 BGB or consumers within the meaning of § 13 BGB. Deviating, conflicting or supplementary general terms and conditions of the company shall only become part of the contract if and to the extent that JobKontor has expressly agreed that they shall apply. This consent requirement is fully applicable.
(4) For the business purpose of the platform, it is necessary for JobKontor to prepare, optimize and present the information made available to it for the users. To this end, job seekers who have agreed to these general terms and conditions of use and have deposited their contact details on the platform will receive regular notifications with published job advertisements. In their account settings, they can choose how they want to receive notifications and how often they want to receive notifications.
(1) To use the platform, registration with a current e-mail address and the desired password is required. After registering on the platform, JobKontor will send the user a link to the e-mail address provided by the user. The platform can be used after entering the code and subsequently activating it by JobKontor. It is free of charge for job seekers. Companies can choose between the paid job posting packages offered on the site.
(2) The agreement on the user account between the users and JobKontor shall only become effective when JobKontor activates the user account. The completion of the registration by the user merely constitutes an offer to conclude a contract for a user account. JobKontor is entitled to accept or reject the user's offer at its own discretion. The user therefore has no legal claim to the conclusion of a contract for the creation of a user account.
(3) Each job seeker and can only create one user account.
(4) The transfer of the user account to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password confidential. In the event of misuse of the account or a corresponding suspicion and in the event of misuse or loss of the password, JobKontor must be reported immediately.
(5) After activating the platform for use, job seekers and companies can each create a profile. All users are obliged to provide complete and truthful information and to observe any confidentiality obligations under the law and towards their current or former employer. If users culpably provide misleading or untrue information, they are obliged to pay compensation to the extent that JobKontor has suffered damage as a result of this untrue information. Users are also obliged to indemnify JobKontor against claims by third parties arising from a corresponding breach of duty. Further claims of JobKontor, in particular from claims for damages by third parties, remain unaffected.
(6) Before JobKontor activates the respective profile, it checks whether the information provided by JobKontor complies with these Terms and Conditions – JobKontor, however, has no obligation to do so. JobKontor reserves the right to validate individual pieces of information, for example by requesting proof from users. JobKontor is entitled to temporarily or permanently block and/or terminate the user account or access to the platform – in particular if the job seeker or company profile does not comply with JobKontor's guidelines or if the user has not sufficiently proven the reliability of the information. This also applies to the extent that the content to be published violates legal requirements, official prohibitions, the rights of third parties, public decency or these terms and conditions of JobKontor.
(1) Users can create a user profile that contains information that they have stored about themselves – e.g.: CV or company data or uploaded attachments. JobKontor analyzes their content and structure in an automated process and uses this analysis to optimize the services that JobKontor offers to users.
(2) Users are not permitted to post personal data concerning, for example, race, political opinions, trade union membership, sex life, etc.
(3) The profiles are visible to the companies with which the job seeker contacts on the JobKontor platform.
(4) JobKontor is entitled to pass on personal data in profiles of job seekers to potential employers if the job seeker has given his or her consent to this. The disclosure of personal data is carried out only for the purpose indicated in the consent, which is usually the presentation to the company selected in consultation with the job seeker.
(5) Job seekers have the opportunity to contact the company posting the job advertisement and apply via the chat function. The chat is available during the booked term of the place ad, the users have the option of actively using the chat even 3 days after the end of the place ad. After these 3 days, the chat can only be viewed passively, but can no longer be actively used.
(6) If the job seeker applies for a job that is linked to the applicant management portal of the respective company, the further processing of the applicant data there will take place in accordance with the regulations of the respective company. JobKontor has no influence on this processing and is not liable for the proper handling of the data.
(7) Job seekers also have the option of saving job advertisements under the "Favorites" button and accessing the saved entries in their user account. JobKontor analyzes and uses the favorites selected by the job seekers in order to optimize the search for suitable job advertisements and the services offered by JobKontor and to tailor them specifically to the job seeker. JobKontor can also remind job seekers of the saved job vacancies by e-mail.
(8) JobKontor transmits chats and other contacts of users only as a messenger. Users guarantee that the information provided, etc., does not violate applicable law. In the event of unlawfully omitted or unlawful notifications, information, etc., the User shall indemnify JobKontor against all claims of third parties upon first request and JobKontor shall be entitled to disclose the respective contact details of the User to the other User.
(1) In order to be able to offer job offers on the platform operated by JobKontor, companies must conclude a contract for the placement of a job advertisement. The Company can choose between the packages offered on the Website.
(2) The presentation and advertising of packages on the website do not yet constitute a binding offer to conclude a contract.
(3) A contract shall only be concluded when JobKontor accepts the company's order by means of a declaration of acceptance or when the service is rendered.
(4) After the conclusion of the contract, the Company may post job advertisements on the Platform, together with its professional and personal requirements for job seekers, and use the chat function for the period agreed upon in accordance with the respective package. It is only possible to post job advertisements once JobKontor has received the payment due for the respective package. The advertisement will then be published for the period agreed in the respective package.
Job advertisements from the companies can be viewed in the "My Jobs" section.
(5) The company is free to design the job profile, the requirements profile and the initiation and processing of the employment – within the framework of JobKontor's technical and design specifications. However, the company is responsible for complying with the legal provisions and the guidelines according to these terms and conditions and indemnifies JobKontor against any damages or claims by third parties due to violations thereof. If a company has been warned about a publication or its content on the portal, or if it has been served with a corresponding preliminary injunction, a judgment or any other court decision or official order, the company is obliged to inform JobKontor immediately in writing. If the company fails to comply with this obligation, JobKontor shall not be liable for any resulting damages. The company is then obliged to indemnify JobKontor against any claims made by third parties upon first request and to compensate JobKontor for the resulting damage.
A company may not publish unrelated content in its ads, such as sweepstakes, promotions, etc.
If the company offers self-employment or freelance work, it must explicitly identify this as such in the job advertisement.
(6) JobKontor would like to point out that in other countries there may be certain legal requirements and prohibitions for job advertisements and that these must be complied with by the companies. Companies are independently obliged to inform themselves about any special features and restrictions.
(7) JobKontor cannot prevent third parties from publishing job advertisements without authorisation, but will endeavour to avoid such publications within the legal and technical possibilities available to it. Search engines, such as Google, etc., also search content published on the Internet and archive it on their servers. JobKontor will specify in the metadata of the advertisements that the advertisements should not be archived, but cannot guarantee that search engines will archive advertisements in individual cases. In this case, the companies must address any claim for deletion of the archived data to the operator of the respective search engine.
(8) JobKontor is entitled to designate companies as reference customers and to use the logo of the companies for this purpose on the portal as well as in the context of other marketing measures, e.g. in presentations and brochures. To this end, the company grants JobKontor the right to use its logo.
The contract with the companies for the placement of advertisements on the platform is concluded through the following respective technical procedures:
the Company creates a User Account in accordance with Section 3 of these T&Cs;
the company fills in the job advertisement template on the portal;
Before placing an order, the company will receive an ad preview under the title "Your Job Ad" to check the ad for input errors before placing the order. It can edit the ad by clicking on the "Edit" button or by clicking on the "Save and publish ad" button;
the Company must then read and accept the T&Cs;
the company must then select the desired package, Basic, Classic or Premium;
the company clicks on the "Select Package" button;
PAYMENT
Payment processing takes place directly on the platform via the payment processor Stripe. After successful payment, the order is irrevocably placed. JobKontor sends the company an electronic invoice via the payment processor Stripe.
The contract has thus been concluded in accordance with Part A Section 4 of these Terms and Conditions and JobKontor is placing the job advertisement online.
(1) The package prices indicated on the website are net prices and are exclusive of the value added tax applicable by law at the time the contract is concluded.
(2) The JobKontor packages listed on the portal include the following services:
Package Basic:
If you choose the Basic package, the job advertisement will be published for a period of 15 days.
Package Classic:
If you choose the Classic package, the job advertisement will be published for a period of 30 days.
Premium Package:
If you choose the Premium package, the job advertisement will be published for a period of 60 days.
(3) The agreed package price is to be paid in advance immediately after conclusion of the contract via the payment processor Stripe. Stripe's terms and conditions can be found here: https://stripe.com/legal/end-users. JobKontor sends invoices exclusively by e-mail.
(4) Unless otherwise expressly agreed, the Company may only pay for the Job Advertisements using the payment methods presented on the Website. JobKontor will only accept payments from abroad if the company pays all the bank fees incurred for them.
(5) At the end of the publication period selected in accordance with the package, the Company may extend the job advertisement to the extent that this is done within the term of the contract. The extension of the publication of a job advertisement is considered to be a new paid advertisement placement on the basis of the contract between JobKontor and the company.
(6) Companies are not entitled to offset against JobKontor's claims – unless the counterclaims have been legally established or are undisputed.
JobKontor does not provide job advice and/or temporary employment. The services on the portal are purely an intermediary of contacts between companies and job seekers. JobKontor can therefore not guarantee that companies and their vacancies are available to JobKontor for job seekers. Users are not entitled to a successful placement and are not entitled to the provision of a certain number of potential companies or job seekers.
(1) If the user provides content to JobKontor, the user commissions JobKontor to store it, host it and – if this has been agreed – make it accessible to third parties, in particular to other users. JobKontor will only use this content in accordance with the agreement between the user and JobKontor and these T&Cs. By providing JobKontor with its content, the user grants JobKontor a non-exclusive and geographically unlimited license to use such content for the purposes of providing the services under the agreement with JobKontor for the duration of the agreement. This also includes the right to store, reproduce, format, (technically) edit, transmit, make accessible and analyse and evaluate the content yourself or through third parties. JobKontor is also entitled to store the data in an outage system or separate outage data center. In order to remedy malfunctions, JobKontor is also entitled to make changes to the structure of the data or the data format. JobKontor will only publish the content uploaded by users in the software and make it accessible to third parties to the extent that this is necessary for the purpose of the contract.
(2) Users warrant that they have all rights to the content uploaded by them to the JobKontor platform or that they have a licence for the content in order to grant JobKontor the rights in accordance with Section 8 (1) of these Terms and Conditions.
(3) JobKontor shall not be liable for infringements by third parties of the data or information uploaded by users. In addition, users indemnify JobKontor against third-party claims in the event of such infringements.
(1) JobKontor does not guarantee that the content on the platform is up-to-date, correct, complete or suitable for a specific purpose
(2) The services offered by JobKontor are continuously developed and will therefore change to a reasonable extent. JobKontor reserves the right to temporarily or permanently discontinue the provision of the Services (or functions within the Services) to individual or all Users. JobKontor notifies users of any changes or restrictions to the services with reasonable notice.
(3) JobKontor is not liable for loss of data due to a possible technical malfunction or discontinuation of services.
(4) The availability of the platform is 98% on an annual average. Exceptions are times when the servers are unavailable due to routine and previously announced maintenance work or malfunctions outside JobKontor's sphere of influence. Regardless of this, JobKontor does not guarantee that the services offered on the platform will be available at certain times or permanently.
(5) JobKontor makes every effort to keep the platform up-to-date, but users do not have any legal claim to it. JobKontor may limit or extend the range of functions of the platform at any time.
(6) JobKontor will regularly carry out a careful backup of its server, but cannot guarantee that data loss will occur. Users are therefore responsible for backing up their data. This applies in particular in the event of termination of the contract between JobKontor and a user: Jobkontor will not retain any copies of the user's data after deletion, unless there are legal obligations to store them.
(7) JobKontor does not guarantee or guarantee a minimum storage capacity for the user account. Rather, JobKontor has the right to temporarily or permanently limit the data volume for data uploads – in particular if this is necessary for technical or other important reasons.
Users are prohibited from using the platform's software and JobKontor services for any purpose other than their own personal, business or professional purposes without the express permission of JobKontor.
In particular, Users are prohibited from:
Introducing or attempting to introduce viruses, Trojan horses, worms, or other malicious code into the Platform;
Hacking, tampering with, or attempting to hack into the Platform's software;
Using scripts and other automatable or semi-automatable methods to operate the Platform;
Circumventing or attempting to circumvent any security features of the Platform;
Renting user accounts or using them for commercial purposes, sublicensing them, or making them available to third parties in any way, unless JobKontor has expressly permitted the user to do so in writing.
11. Termination and Termination
(1) Both job seekers, companies, and JobKontor are entitled to terminate the free user agreement for registration on the portal at any time without giving reasons in text form.
(2) JobKontor reserves the right to delete inactive user profiles whose last login to the system was more than 6 months ago. JobKontor will inform affected users of the imminent deletion at least two weeks before deletion by email via the email address stored in the profile.
(3) The following shall apply to undertakings:
When the termination takes effect, the contractual relationship ends, and the user can no longer use their access. JobKontor reserves the right to block the username and password as soon as the termination takes effect.
(5) If the contract is terminated by the user or by JobKontor, the personal user data (including name, e-mail, telephone number, messages, uploaded files) will be archived by JobKontor. After 6 months from the termination of the contract at the latest, JobKontor will permanently delete the user account. This does not apply to the extent that JobKontor requires the data in question to enforce claims against users or to the extent that there are statutory retention obligations
12. Opinion Research to Improve the Offer
(1) In order to continuously improve the services, JobKontor occasionally conducts surveys, for example, to obtain direct feedback on the quality of service after successful or unsuccessful placement/application or to generate better job suggestions.
(2) JobKontor users will receive an invitation to each of these surveys. Participation in the surveys is voluntary.
(1) When using the community platform, users and companies are bound by applicable law, compliance with common decency, and all rules that JobKontor establishes for proper use.
(2) The means of communication provided (chat, video call, online conferences, etc.) may only be used for the purposes of the platform.
(3) Addresses, email addresses, and other contact data that come to the attention of a user or company in the course of using the community platform may not be used or passed on for other purposes.
(4) The storage, duplication, or modification of content on the community platform is prohibited unless expressly agreed otherwise.
(5) JobKontor reserves the right to suspend, deactivate, or delete user profiles that violate these rules.
(1) JobKontor assumes no responsibility for delivered data material, advertisement texts or related storage media and, in particular, is not obliged to store or return them. Deletion after the end of the contract takes place in accordance with the legal requirements. In addition, JobKontor assumes no responsibility for links to external websites.
(2) JobKontor shall be liable for material defects or defects of title in accordance with the applicable statutory provisions.
(3) JobKontor shall be liable to Users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(4) In other cases, JobKontor shall only be liable – unless otherwise stipulated – in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, JobKontor's liability is excluded – subject to deviating provisions in these Terms and Conditions or the law.
(5) Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(6) The limitations of liability shall apply mutatis mutandis to the benefit of JobKontor's employees, agents and vicarious agents.
Users undertake to maintain confidentiality vis-à-vis third parties regarding all commercial information obtained in the course of the mediation activity, including candidate data, during the term of the contract and after the termination of this contract.
JobKontor has the unrestricted and full copyright to all images, films and texts that are and are published on the platform. The use of images, films and texts is not permitted without our express consent.
JobKontor may process and store the user data uploaded by users in their user profile and pass them on to third parties insofar as this is necessary for job placement and as long as JobKontor is obliged to store this data on the basis of statutory provisions. Further information on data protection at JobKontor can be found in JobKontor's privacy policy.
JobKontor reserves the right to amend these General Terms and Conditions at any time and without giving reasons. JobKontor will notify the User of the amended General Terms and Conditions in text form at least four weeks before they come into force. The amended General Terms and Conditions shall be deemed to have been accepted and shall enter into force if Users do not object to them within three weeks of receipt of the notice. When notifying you of the amended General Terms and Conditions, JobKontor will point out the deadline and the consequence of not filing an objection.
(1) Jobkontor is not obliged to do so and does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If users have placed the order as a consumer and have their habitual residence in another country at the time of their order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(3) If a user is a merchant and has its registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of JobKontor. In all other respects, the applicable legal provisions apply to local and international jurisdiction.
(4) If translations of these Terms and Conditions are published and discrepancies arise between the translation and the original German version, the provisions of the original German version shall apply.
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