General Terms and Conditions of Business (GTC) for Companies
As of: July 2020
General terms and conditions of stellenwerk, the job portal of Universität Hamburg Marketing GmbH and the cooperating institutions.
1. Area of Applicability
The following General Terms and Conditions (GTC) regulate the relationship between the advertisers of the job portal stellenwerk (hereinafter referred to as "advertiser(s)") and the Universität Hamburg Marketing GmbH as operator of the job portal stellenwerk (hereinafter referred to as "operator"). The General Terms and Conditions shall only apply vis-à-vis entrepreneurs within the meaning of § 14 para. 1 BGB (German Civil Code) as well as legal entities under public law or a special fund under public law within the meaning of § 310 para. 1 BGB when placing commercial advertisements. The GTC for private advertisers shall apply to the placement of advertisements which contain voluntary activities without remuneration.
These terms and conditions apply when the advertiser makes use of the service or uses the operator's offer, at the latest, however, when the order is placed. Other or supplementary agreements to these GTC may be made for separate offers by the Operator. Such agreements must be made in writing. The GTC apply to all business and usage relationships, even if future transactions, orders or business should be concluded without explicit reference to these GTC. Deviating conditions of the advertiser are herewith contradicted, unless the validity has been expressly agreed to in advance and in writing.
The contents of this website are protected by copyright. The content of this site may not be reproduced in any form or processed, copied or distributed using electronic systems without the express written permission of the operator.
3. Purpose / Services of the stellenwerk Job Portal
3.1 Aim and purpose of the job portal stellenwerk is to offer advertisers a possibility to publish job offers; primarily on the job portals of stellenwerk and optionally additionally by postings on the job boards, info boards as well as by career appointments and info screen info screen bookings (postings, career appointments and info screens can only be booked at individual job portals mentioned in the price list).
3.2 The Operator only provides the opportunity to place job advertisements and, if applicable, to publish career appointments, as well as to place posters and make info-screen bookings. In doing so, it does not assume any mediating activity. The contact between the advertiser and the interested parties is exclusively via the contact data provided by the advertiser.
4. Conclusion of Contract
4.1 stellenwerk only publishes advertisements that refer to one position (also to be filled several times). Ads that contain advertisements for several positions will not be accepted.
4.2 With his booking, the advertiser confirms that he is entitled to place the advertised position on the stellenwerk job portals and that the advertised position actually exists and is to be filled in the company. Advertisements that contain only or additionally to the job description competitions, advertisements or similar contents will not be accepted.
4.3 If job advertisements contain links to the advertised position, these should, if possible, be designed in such a way that they refer to the specifically advertised position and not to general application pages of the company. Links to external job exchanges are not permitted and will be deleted.
4.4 The booking of job advertisements, postings or career appointments, hereinafter referred to as advertisement, is possible in the following form:
For online booking, registration with a user account that is valid for all stellenwerk portals is required before the first advertisement is placed. The advertiser places the job advertisement in the specified format independently using the online form. The ad appears as shown in the preview. To book, the advertiser submits a binding application for the placement of the advertisement on the stellenwerk job portal by clicking on the "Book subject to charges" button at the end of the booking process. The application can only be submitted and transmitted if the advertiser has accepted these contractual terms and conditions by placing a check mark next to the text field "GTC" and thereby included them in his application.
The operator then sends the advertiser an automatic booking confirmation by e-mail, which documents the receipt of the application, but does not constitute a declaration of acceptance. Acceptance by Operator and thus the conclusion of the contract is rather only effected by activation in one or more stellenwerk online portals or, in the case of exclusive booking of posters or career appointments or info-screen bookings, by a separate confirmation e-mail from Operator.
Changes to the specified layout are no longer possible after the booking process has been completed.
5. Compensation for performance/ payment
5.1 For the booking of advertisements in the stellenwerk job portals, the price list valid on the booking date shall apply in each case, which is an integral part of these GTC, unless this is regulated differently in individual contracts.
5.2 The prices for posters, career appointments and Info-Screen bookings are based on the price list valid at the time of booking, which is an integral part of these GTC.
5.3 The total price of the respective booked services is to be paid exclusively either by credit card (Visa/Mastercard), PayPal or by bank transfer. The operator reserves the right to demand advance payment. If payment is made by invoice, the payment claim is due 14 days after the invoice date without deduction.
5.4 The invoice will be sent to the customer to the e-mail address specified in the payment process or when the order is placed; if the customer wishes to receive a print invoice in deviation from this, a service charge of 2.00 euros plus VAT will apply. (postage, material, working time). In order to receive the invoice by mail, the advertiser must send a corresponding information to email@example.com before the first booking. His customer account will then be adjusted accordingly so that the aforementioned service fee is automatically charged per booking and invoiced together with the advertisement price. The redemption of voucher codes from time-limited sales promotions is only possible in accordance with the redemption conditions communicated with the voucher code.
6. Rights and obligations of advertisers
6.1 The advertiser ensures a smooth inbox for e-mails from the operator, if necessary by setting up the operator as a "trusted server".
6.2 If the advertiser provides incorrect or incomplete invoice data when making a booking or if he subsequently changes the e-mail address that must be provided for sending the invoices in accordance with Section 5.4, and if this results in additional expenditure on the part of the Operator in the form of necessary cancellations and invoice corrections, the advertiser must reimburse the Operator for the resulting additional expenditure. In this case, the Operator may charge 5.00 euros plus VAT as a lump-sum expense allowance, but the advertiser is entitled to prove that the actual expense incurred by the Operator was lower. Should the Operator refuse to publish the advertisement in accordance with Section 7.3 of these GTC, the advertiser will receive an invoice and a cancellation invoice. If payment has already been made by credit card during the ordering process, Operator will refund the amount already paid to the advertiser.
6.3 Adherence to legal regulations by the advertiser
By booking the advertisement subject to payment, the advertiser undertakes to comply with all legal provisions on minimum fees such as the MiloG and the AGG.
- For jobs involving heavy physical labour, the stellenwerk minimum remuneration guideline of at least 10.00 euros per hour also applies.
- For internships and offers for practice-related final theses that do not fall under the statutory minimum wage, a monthly minimum remuneration of 300.00 Euro in full-time employment applies.
- Job offers that require unpaid probationary work on the part of the applicant will not be published. Furthermore, the advertiser assures that the contents of the job advertisement refer to a vacant position or activity.
- Advertising for club or association memberships as well as for participation in illegal structural sales (§ 16 UWG) is not permitted.
6.4 The advertiser grants Operator all rights to use the content of the advertisement placed under the terms of the contract and expressly assures Operator that he/she is able to freely dispose of all rights granted to Operator with the placement of the advertisement, that he/she is entitled to these rights without restriction and that he/she has not made any disposition of any kind whatsoever with regard to them that would conflict with a transfer of rights to Operator in accordance with this contract and expressly and fully releases Operator from all claims of third parties due to the contractual use of the rights.
7. Rights and obligations of the operator
7.1 The operator publishes the job advertisements in the stellenwerk job portal as entered by the advertiser. Subsequent changes of content and layout cannot be made by the advertiser himself and are only possible by direct contact with stellenwerk customer service by e-mail (firstname.lastname@example.org). However, the identity of the advertisement (the position itself and the place of use) must not be changed by the adjustments.
7.2 There is a maximum of two working days between entering the advertisement in the online form when booking online and activation on the stellenwerk job portal website. The respective advertisement remains visible on the stellenwerk job portal for at least 30 days from the time of its publication, unless the customer has booked an advertisement duration of 60 or 90 days. After that the ad is automatically deactivated.
7.3 The operator reserves the right not to accept applications for the placement of an advertisement by the customer, i.e. not to publish the advertisement without giving reasons. Exceptionally, the operator is also entitled to delete advertisements subsequently for good cause, in particular if the content to be published violates legal requirements, official prohibitions, the rights of third parties, morality or these GTC. In this case the advertisement price will be refunded to the advertiser.
7.4 An early deactivation of the advertisement at the request of the advertiser is possible and can be carried out by the advertiser himself directly via the customer account. If the advertisement is deactivated prematurely, there will be no pro-rata refund of the advertisement price. The premature deactivation can also be carried out by the stellenwerk customer service. For this purpose, the customer must send a corresponding order to email@example.com. There can be up to two working days between receipt of the deactivation order and deactivation of the advertisement. Ads that have been deactivated at the customer's request cannot be reactivated free of charge.
7.5 The operator does not guarantee that the provision of the job portal stellenwerk will be uninterrupted. In particular, short-term maintenance work on the site or changes to the display of the advertisements do not constitute a change in the user relationship, provided that the purpose of the contract can still be achieved. Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, nor in the event of only insignificant impairment of the usability of the operator's offer.
7.6 The Operator has the right to enter into cooperation agreements with other suitable media (including online, offline, TV, mobile and moving image products as well as new types of use) in order to optimise feedback on the advertisements placed. In all cooperations, the Operator shall ensure that the reference to the target group is maintained; likewise, cooperation partners shall be carefully selected, taking into account the image and quality of the cooperation partner. The advertiser agrees that his job advertisement(s) may be published in the aforementioned media formats by the operator's cooperation partners without special consultation or announcement by the operator. In order to ensure user-friendly readability on all end devices, Operator is entitled to optimise the display of the advertisements.
7.7 Special regulations for postings and career dates
a) Notices at the location(s) booked are posted twice a week (during the lecture-free period and once a week at FAU Erlangen-Nuremberg) by employees of the operator on boards provided for this purpose. Delays of up to two working days (up to four working days at FAU Erlangen-Nuremberg) may occur between the placement of an advertisement and its posting. This does not affect the duration of the posting of the advertisement.
The operator checks the notices twice a week (during the lecture-free period and once a week at FAU Erlangen-Nuremberg). If damage to a poster is discovered during the inspection or if it has been illegally removed, the operator will renew the poster as quickly as possible. Furthermore, the operator assumes no liability for damage to the notices caused by third parties or their removal by third parties.
For the rest, the liability of the operator is governed by clause 8.
At the end of the booked term, the notices are removed and disposed of by the operator. Early removal at the written request of the customer is possible on the following billposting/check date. The prices according to the price list are not affected by an ordered premature removal of the offers.
b) Career dates are published from the time of ordering and confirmation of the publication of the career date until the date of the event. In all other respects, the above-mentioned regulations on the booking procedure shall also apply here, including the reservation of the rejection of an order. The Operator shall endeavour to adapt its offer to the usual technical developments.
c) Info-screen postings are made according to the conditions set out in the product data sheet. The term of the posting begins when the operator of the info screens imports the display file. Up to two working days may elapse between sending the display file to the operator and the import.
The operator does not assume any responsibility for the content of the advertisements transmitted by the advertiser, their legal conformity or any other obligations arising from the advertiser's sphere (neither for the advertisement nor for the offer mediated therein). Insofar as the Operator is exposed to claims by third parties due to inadmissible content or other violations of the law for which the advertiser is responsible, the advertiser shall indemnify the Operator upon first request. The indemnification also includes the necessary legal costs. Claims for damages against both the Operator and its legal representatives, executives or other vicarious agents are excluded, except in the case of intentional or grossly negligent conduct or if one of the essential contractual obligations (so-called cardinal obligations) has been violated. This also applies to claims for damages due to non-fulfilment, but only to the extent that compensation for indirect or consequential damage caused by a defect is demanded, unless liability is based on an assurance intended to protect against the risk of such damage. Cardinal obligations include such obligations, the breach of which would endanger the purpose of the contract and on the fulfilment of which the contractual partners may therefore regularly rely. In the event of a breach of cardinal obligations, the Operator is liable for any culpable behaviour of its legal representatives, executive employees or other vicarious agents. Except in the case of intent, gross negligence or a breach of cardinal obligations, Operator's liability is limited to the typical damage foreseeable at the time the contract was concluded. The aforementioned exclusions and limitations of liability do not apply to damages resulting from injury to life, body or health, the assumption of a guarantee of quality or fraudulent concealment of defects by the Operator. In any case, liability under the Product Liability Act and other claims arising from producer liability shall also remain unaffected. Claims for damages against Operator are subject to a limitation period of twelve months from the time when the claim arose and the creditor became aware of the circumstances justifying the claim or should have become aware of them without gross negligence. Excluded from this shortening of the limitation period are claims for damages in the sense of the preceding paragraph.
The operator cannot technically prevent the offer data provided in the job portal stellenwerk from being filtered out via internet and job search engines (e.g. Google, Kimeta). Therefore, the operator does not assume any liability for possible violations of the advertiser or third parties in his/her rights that result from the filtering out of data, unless the operator is responsible for such violations due to intent or gross negligence in exceptional cases. The operator is not obliged to the advertiser to take action against third parties who use filtered data, even if the use of such data by third parties is unauthorised or violates prohibition standards.
9. Data protection
Both the operator and the advertiser are obliged to observe the legal data protection regulations when using the stellenwerk job portal. The data transmitted and exchanged within the scope of the user relationship are processed by the operator exclusively within the scope of the contractual purposes and stored within the scope of the administration of the stellenwerk job portal.
The data protection declaration of the operator can be viewed here. The e-mail newsletter or other current offers of the operator are sent by e-mail if the advertiser has either given prior express consent or if goods or services are advertised which are similar to those for which the operator has received the electronic postal address of the advertiser upon sale, if the advertiser has not objected to the use of the e-mail address and if the operator clearly informs the advertiser upon collection of the e-mail address and upon each use that the advertiser can object to the use at any time without incurring any costs other than the transmission costs according to the basic rates.
10. External links
The stellenwerk job portal contains links to external websites. As these websites are not subject to the operator's influence, she does not assume any responsibility for their contents. The legal responsibility, also with regard to data protection law, lies exclusively with the operators of the external websites. At the same time, the operator expressly dissociates itself from any illegal content on these sites or any hyperlinks with illegal or offensive content.
11. Place of jurisdiction
Place of jurisdiction and performance is Hamburg.
12. Change of the GTC
stellenwerk adapts its terms and conditions from time to time. The advertiser has to accept the respective valid version when placing his advertisement by actively ticking the checkbox indicating his agreement to the GTC when booking online or when using the placement service by confirming this on the online order form. Unfortunately, the placement of advertisements on the stellenwerk pages is not possible without agreement to the GTC.