General Terms and Conditions of Business (GTC) for Companies
As of: July 2019
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) govern the relationship between the advertisers using the stellenwerk Job Portal (hereinafter "advertiser(s)") and the Universität Hamburg Marketing GmbH as operator of the stellenwerk Job Portal (hereinafter "operator"). The GTC shall only apply to companies as defined in Section 14 (1) BGB ("German Civil Code") and legal entities under public law or special funds under public law as defined in Section 310 (1) BGB. These are valid with the use of the service or with the use of the operator's offer by the advertiser, at the latest, however, when an order is placed. Other or supplementary agreements to these General Terms and Conditions may be made for separate offers by the operator. Such agreements must be made in writing. The GTC apply to all transactions and user relationships, even if future transactions, orders or contracts are concluded without express reference to these GTC. Deviating conditions of the advertiser are hereby rejected unless their validity has been expressly agreed in advance and in writing.
The contents of this website are protected by copyright. The contents of this website may not be reproduced in any form or processed, duplicated or distributed using electronic systems without the express written permission of the operator.
3. Purpose / Services of the stellenwerk Job Portal
The aim and purpose of the stellenwerk Job Portal is to offer advertisers an opportunity to publish job offers; primarily on the stellenwerk Job Portals and optionally through postings on the job boards, info boards, career events and info screen bookings (postings, career events and info screens can only be booked at the stellenwerk Job Portals noted on the price list).
The operator merely provides the possibility of placing job postings and, if necessary, publishing career events as well as displaying posters and booking information screens. The operator does not act as an intermediary. The contact between the advertiser and the interested parties is made exclusively via the advertiser's contact details.
4. Conclusion of Contract
The placement of job postings, posters or career events, hereinafter referred to as posting(s), is exclusively booked online as follows:
Before the first posting, the advertiser registers a user account that is valid for all stellenwerk portals. The advertiser will submit the job posting in the specified format using the online form. The posting will appear as shown in the preview. At the end of the booking process, the advertiser submits a binding application to publish a posting in the stellenwerk Job Portal for booking by clicking on the "Submit" button, which is subject to a charge. The application can only be submitted and transmitted if the advertiser has accepted these terms and conditions by ticking the "GTC" checkbox and consenting to their use. Changes to the specified layout are no longer possible after completion of the transaction.
The operator then sends the advertiser an automatic acknowledgement of receipt by e-mail, which documents receipt of the application but does not constitute a declaration of acceptance. The acceptance of the operator and thus the conclusion of the contract only comes into effect after activation upon publication in one or more stellenwerk online portals, or upon exclusive booking of postings or career appointments or information screen bookings by separate confirmation email from the operator.
5. Compensation for performance/ payment
For the booking of postings in the stellenwerk Job Portals, the booking date shall determine the valid price list which is part of these GTC, unless otherwise agreed in individual contracts.
The prices for postings, career appointments and information screen bookings are based on the price list (which is part of these General Terms and Conditions) valid at the time of booking.
The total price of the booked services is to be paid either by credit card (Visa/Mastercard) or by bank transfer. The operator reserves the right to demand advance payment. In the case of payment by invoice, the payment claim shall be due 14 days after the invoice date without deduction.
The invoice will be sent to the customer by email. If the customer requests a print invoice, a service fee of EUR 2.00 plus VAT will be charged (postage, material, working hours). The redemption of voucher codes from temporary sales campaigns is only possible in accordance with the redemption conditions transmitted with the voucher code.
6. Rights and obligations of advertisers
The advertiser ensures problem-free receipt of e-mails from the operator, if necessary by configuring the operator as a "trusted server".
If the advertiser provides incorrect or incomplete invoice data at the time of booking and this results in additional work on the part of the operator in the form of cancellations and invoice corrections, the advertiser must reimburse the operator for the resulting additional work. In this case, the operator may charge EUR 5.00 plus VAT as a lump sum, but the advertiser shall be entitled to prove that the actual expenditure of the operator was lower. If the operator declines the publication of the posting according to point 6 paragraph 2, the advertiser will receive an invoice and a cancellation invoice. If payment has already been made during the order process by credit card or Paypal, the operator will refund the amount already paid to the advertiser.
Adherence to legal regulations by the advertiser
The advertiser undertakes to comply with the MiloG (minimum wage legislation) and the AGG (equal treatment act) upon booking the payable posting.
Jobs with heavy physical work are subject to the stellenwerk minimum compensation guideline of at least € 10.00 per hour.
For internships and offers for practical theses where the statutory minimum wage does not apply, a monthly full-time minimum remuneration of EUR 300 is required.
Job offers which require unremunerated trial work by the applicant will not be published. In addition, the advertiser assures that the content of the job posting refers to a voluntary position or activity.
Advertising for club or association memberships as well as for participation in illegal network marketing is prohibited (Section 16 of the Unfair Competition Act).
The advertiser grants the operator all rights according to contractual use of the posting's contents. The advertiser expressly ensures that he is free to dispose of all rights related to the posting of the content, that these rights are unrestricted, and that he has not undertaken any arrangement which will oppose a transfer of rights to the operator in accordance with this contract. The operator shall not be held liable for any third-party claims arising from the contract.
7. Rights and obligations of the operator
The operator publishes job postings on the stellenwerk Job Portal. A maximum of two working days can be expected between the entry of the posting in the online form and activation on the stellenwerk Job Portal website. The respective posting will remain visible in the stellenwerk Job Portal for 28 days from time of publication. Afterwards, the posting is automatically deactivated.
The operator reserves the right not to accept posting requests by the customer, i. e. not to publish the advertisement without giving reasons. By way of exception, the operator is also entitled to subsequently delete advertisements for good cause, in particular if the published contents violate legal requirements, official restrictions, the rights of third parties, morality or these GTC. In this case, the posting cost will be refunded to the advertiser. Early deactivation of the posting is possible at the advertiser's request and can be arranged by the advertiser directly via the customer account.
If the posting is deactivated prematurely, no pro rata refund will take place. Up to two working days may elapse between receipt of the deactivation request and deactivation of the posting. Postings that have been deactivated at the customer's request cannot be reactivated free of charge.
The operator does not guarantee that the stellenwerk Job Portal will be made available without interruption. In particular, short-term maintenance work on the site or changes in the display of the advertisements do not constitute a change in the usage relationship, insofar as the purpose of the contract can still be achieved. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, nor in the case of only insignificant impairment of the usability of the operator's offer.
The operator has the right to cooperate with other suitable media (including online, offline, TV, mobile and moving image products as well as new types of use) to optimise feedback on the postings. The operator ensures that the target group reference is maintained in all cooperative campaigns; cooperation partners are also carefully selected with due regard to the image and quality of the cooperation partner. The customer agrees that his job posting(s) may be published in the aforementioned media formats by the operator's cooperation partners without separate consultation with or announcement by the operator. To ensure user-friendly readability on all end devices, the operator is entitled to optimise the display of the postings.
Special regulations for postings and career dates
a) Postings at the booked location(s) are posted twice a week (once a week during the semester break and at FAU Erlangen-Nuremberg) by employees of the operator to boards provided for this purpose. There may be an overlap of up to two working days (at the FAU Erlangen-Nuremberg up to four working days) between order placement and display of the posting. This does not affect the display duration of the posting.
The operator checks the postings twice a week (once during the semester break and at the FAU Erlangen-Nuremberg). If damage to a poster is detected during the inspection or if it has been removed unlawfully, the operator will replace the poster as quickly as possible. Furthermore, the operator assumes no liability for damage caused to the posters by third parties or their removal by third parties.
Section 8 shall also apply to the operator's liability.
The posters will be removed and disposed of by the operator at the end of the booked term. Prior removal at the written request of the client is possible at the next posting/checking date. The prices according to the price list shall not be affected by earlier removal of a posting.
b) Career appointments will be published from the moment of ordering and confirming the posting of the career appointment until the date of the event. In all other respects, the aforementioned regulations on the booking procedure also apply here, including the right to decline an order. The operator endeavours to adapt his offer to the usual technical developments.
c) Information screen bookings are made in accordance with the conditions set out in the product data sheet. The posting period begins when the operator of the information screens imports the posting file. There may be an overlap of up to two working days between order placement and display of the posting.
The operator accepts no responsibility for the content of the postings transmitted by the advertiser, the latter's adherence to laws or other obligations originating from the advertiser's area of responsibility (neither for the post nor for the offer conveyed therein). Insofar as the operator is exposed to claims of third parties for which the advertiser is responsible due to inadmissible contents or other infringements of the law, the advertiser shall hold the operator exempt from liability upon the first request. This exemption also includes the necessary legal costs. Claims for damages against the operator as well as against his legal representatives, executive employees or other vicarious agents are excluded, unless intentional or grossly negligent action is involved or one of the essential contractual obligations (so-called cardinal obligations) is violated. This also applies to claims for damages for non-performance, but only insofar as compensation for indirect or consequential damage caused by a defect is demanded, unless the liability is based on an assurance which is intended to ensure against such damage. The cardinal obligations include such obligations which, if violated, would endanger the purpose of the contract and on the fulfilment of which the contractual partners may therefore generally rely. In the event that cardinal obligations are violated, the operator is liable for any culpable conduct of his legal representatives, executive employees or other vicarious agents. Except in the case of intent, gross negligence or cardinal obligation violation, the liability of the operator is limited to the typical damage foreseeable at the conclusion of the contract. The aforementioned exclusions and limitations of liability do not apply to damages resulting from injury to life, body or health, the assumption of a quality guarantee or fraudulent concealment of defects by the operator. In all cases, liability under the Product Liability Act and other claims arising from producer liability shall also remain unaffected. Claims for damages against the operator expire after twelve months from the time at which the claim arises and the creditor becomes aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence. Claims for damages in the sense of the preceding paragraph are excluded from this shortening of the limitation period.
The operator cannot technically prevent the offer data included in the stellenwerk Job Portal from being filtered out via Internet and job search engines (e.g. Google, Kimeta). The operator therefore assumes no liability for possible violations of the advertiser's or third parties' rights arising from the filtering out of data, unless, by way of exception, he is responsible for them intentionally or through gross negligence. The operator is not obliged to take action against third parties who use filtered data, even if the use by third parties is unauthorised or violates prohibition standards.
9. Data protection
10. External links
The stellenwerk Job Portal contains links to external websites. Since these websites are not subject to the operator's influence, the operator assumes no liability for their content. Legal responsibility, also in terms of data protection, lies exclusively with the operators of the external websites. At the same time, the operator expressly distances himself from all possible illegal contents of these pages or any further hyperlinks with illegal or offensive contents.
11. Place of jurisdiction
Place of jurisdiction and performance is Hamburg.