AGB Englisch

§ 1 Scope of application

1. The following General Terms and Conditions (GTC) apply to all legal relationships between CS Job-Union GmbH and its contractual partners.
2. The general terms and conditions of CS Job-Union GmbH apply exclusively to the contract; other terms and conditions – especially those provided by the contractual partner – do not become part of the contract, even if CS Job-Union GmbH does not explicitly contradict them. Something else is only valid if CS Job-Union GmbH explicitly agrees to the general terms and conditions of the contractual partner in written form.
3. In the following, CS Job-Union GmbH is briefly referred to as “we” and its contractual partners as “clients”.
4. With the acceptance of the contract the client accepts these general terms and conditions.

§ 2 Subject matter of the contract

1. We arrange advertising for our clients within the scope of and in connection with recruitment. This includes in particular the creation and placement of job advertisements, company presentations and events, prominent displays, such as advertising banners, text and logo links, online databases and Web2.0 applications in the name of and on behalf of our clients for publication with third-party providers. Our activities include in particular the creation and/or display of advertisements or banners of a job provider or advertiser for placement with third-party providers (print or online placements) or the provision of access to CV databases of external providers. The above activities are hereinafter referred to as the “Service”.
2. We additionally give our clients the opportunity to make use of image and personnel-related services (campaigns, training offers, production and publication of company videos) as well as personnel advisory measures in accordance with a separate agreement via our third-party providers.
3. In contrast to print advertisements, only one position per job advertisement can be placed by the client in the case of online advertisements on the Internet.
4. The appropriate choice of categorization, rubrication or placement of the job advertisement is exclusively at the discretion of the third-party provider; we have no influence on this. The keywording, rubrication, categorization and placement of the job advertisement is therefore not a contractual obligation incumbent upon us. Consequently, there is no entitlement to a specific keywording, choice of categorization, rubrication or placement of job advertisements desired by the client.

§ 3 Conclusion of contract

1. The contract is concluded when the contractual offer is sent to the client and accepted by returning the order confirmation signed by the client to us.

§ 4 Reservation of self-delivery, obstacle to performance

1. The conclusion of the contract shall be subject to correct and timely self-delivery by our suppliers/third party suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent covering transaction is concluded with our supplier. In this case we are entitled to withdraw from the contract with the customer. In the event of our withdrawal, we shall inform our client without delay of the non-availability and reimburse the consideration without delay.
2. Impediments to performance for which we are not responsible, in particular in the form of force majeure, war, natural disasters, traffic and operational disruptions, official measures and labor disputes, shall result in a performance period extended by the time of the impediment. In the event that such an obstacle to performance occurs permanently, we shall be entitled to withdraw from the contract.

§ 5 Remuneration, Terms of Payment

1. Unless otherwise agreed in writing, the Customer shall pay us for its orders the remuneration resulting from the offer plus the applicable statutory value-added tax.
2. Payments shall be due without deduction upon issuance of the invoice. Invoices shall be issued upon release of the service (see § 12 No. 2 of these GTC) or as soon as an individual service has been rendered by us. In the case of framework agreements, the invoice shall be issued upon release of the first service.
3. The offer prices correspond to the net price plus VAT and apply in each case to one job advertisement.
4. We reserve the right in individual cases to perform the service only against advance payment. See § 9 No. 1 of these GTC.

§ 6 Publication, Termination

1. Publication and/or performance of the service shall commence at the time agreed in writing with the Client. If no time has been agreed in this manner, publication/service provision shall take place immediately upon completion of the order by us and upon release of the service by the Client (see § 12 No. 2 of these GTC).
2. The client is responsible for the complete delivery of flawless, suitable advertising and performance materials. We are generally not responsible for delays that occur as a result of the content of the material provided by the client for publication, whether due to content or technical reasons (see also § 7 No. 1 of these General Terms and Conditions).
3. The contract ends with the expiration of the agreed term.
4. The parties are entitled to terminate the contract without notice for good cause. We shall be deemed to have good cause to terminate the contract in particular if the Client fails to meet its payment obligations despite a reminder and the setting of a deadline, or if it commissions services with content that violates applicable laws or morality.
5. If the client cancels an order at his own request and an HTML ad or a preview link has already been sent to the client, an expense allowance of €75.00 will be charged for the Services provided to date. If the release for the placement of a job advertisement is already available, the client has to pay the complete offer price.

§ 7 Obligations of the client, violations

1. Compliance with our delivery obligation requires the timely and proper fulfillment of the obligations of the client. This means that he must provide us with the advertisement he has designed in good time or provide us with the information necessary for us to prepare the service in good time (see also § 6 No. 2 of these GTC). If these requirements are not fulfilled in time, the period for performance by us shall be extended accordingly.
2. The client is obliged to treat confidentially a password chosen by him or transmitted by us and the user identification. A communication to third parties is prohibited. The client will not be asked for his password and user ID by our employees at any time.
3. If there is reason to suspect that third parties have knowledge of the password and/or are misusing a user ID, the client is obliged to inform us immediately in writing.
4. The client guarantees to publish only factual information in its job advertisements and other services and to comply with the provisions of the General Equal Treatment Act.
5. The sending of contact messages to the jobseekers within the scope of accessing the database for jobseekers is inadmissible insofar as dubious content is sent, there is a violation of morality or toleration of the procedure is unreasonable for other reasons. The use of applicant databases for any purpose other than the initiation of concrete service or employment relationships in relation to actually available vacancies is not permitted. In the event that the client acts in breach of contract, data protection or personal rights, we shall be entitled to suspend the provision of services by blocking access and reserve the right to remove such content from the offer without prior warning. The client will be informed of such a measure immediately. This shall not give rise to a claim for reimbursement on the part of the Client.
6. The client assures to comply with all regulations of the data and personality protection law.

§ 8 Rights and obligations of CS Job-Union GmbH

1. We are entitled, but not obligated, to disseminate the job advertisement in other ways, in particular through print material at trade fairs, by fax on demand or by telephone. We are also entitled, but not obligated, to publish the advertisement (or have it published by third parties) in any print and online medium that we freely determine. These are additional and voluntary services by us, for which the client will not incur any additional costs.
2. The use of databases other than through the functionalities provided by us is not permitted and entitles us to block access immediately.
3. We reserve the right not to execute or to execute only in a modified form orders placed by the client due to their content, origin or technical form in accordance with uniform, objectively justified principles. This applies in particular if the content violates legal or official prohibitions, is abusive or offends common decency, or if publication is unreasonable for us for other reasons.
4. We further reserve the right to remove already published service elements if the contents to be published violate legal requirements, official prohibitions, third party rights or morality or if the publication is unacceptable for us for other reasons (hereinafter referred to as “Inadmissible Contents”).
5. The same shall apply if links to service elements are set on behalf of the customer which lead directly or indirectly to pages with Inadmissible Content. We are entitled to remove such content from the offer without prior warning of the client. The client will be informed of such a measure immediately. A claim for reimbursement by the client is not justified by this.
6. Materials provided by the client for the performance of services are to be returned by us to the client only upon special written request of the client. The obligation to retain such materials shall end three months after termination of the service contract. We are not obliged to keep the provided service after the termination of the contract.
7. All concluded contingents are valid until 31.12 of the current year, unless otherwise agreed in the offer and invoice.

§ 9 Default, set-off, right of retention

1. If the client is in default with the payment of invoices, we shall be entitled to suspend the contractual obligation to execute orders and the provision of any services until the invoice amounts due have been paid in full; we shall make the services available again concurrently with payment of the remuneration. The service period, such as the publication time of advertisements or the access time to CV databases, shall not be extended by this. Furthermore, in these cases we are free to make advance payment a condition for the provision of services in the case of follow-up orders.
2. In the event of an installment agreement, the entire invoice amount shall become due without a separate reminder if the client is more than two weeks in arrears with the payment of an installment.
3. In the entrepreneurial traffic the claim to granted discounts and special price agreements becomes ineffective with the first reminder. The amount stated in the invoice shall become due before deduction of the discounts and special price agreements granted.
4. The customer shall only be entitled to offset his claims against our claims if such claims are undisputed, have been legally established or are ready for a decision.
5. A right of retention of the client can only be asserted if the counterclaim on which the right to refuse performance is based is undisputed, legally established or ready for decision.

§ 10 Failure of services

1. If we or our third-party providers are unable to provide the booked services for serious reasons (e.g. due to force majeure, power failure, failure of electronic data processing), the obligations shall be suspended to the extent and for the duration of the hindrance, unless gross negligence on our part could be proven. The failure does not entitle the customer to compensation.

§ 11 Notice of defects

1. In the case of mutual commercial transactions, the client shall inspect the service immediately after the first placement or publication and notify us of any defects without delay. If the client fails to give notice of defects, the service shall be deemed to have been approved without defects.
2. The period for notification of defects shall commence in the case of obvious defects at the time of performance of the service, and in the case of hidden defects at the time of their discovery.

§ 12 Warranty, release of the service

1. Our services are performed professionally and according to the specifications of our clients. Should there nevertheless be a reason for complaint on the part of the client, we are entitled to subsequent performance. At our discretion, this is the elimination of the defect or the delivery of a defect-free product. The customer expressly reserves the right to reduce the price or to withdraw from the contract at his discretion if the subsequent performance fails. In addition, the client has the option of demanding compensation for damages or reimbursement of his expenses in accordance with the statutory provisions.
2. Before each release of a job advertisement or the release of other services, the contractual partner has the option of requesting a proof. The client may correct incorrect proofs in writing. Upon release, the service is published or provided. If the client does not make use of his right of correction or if he releases the service without written correction, we shall not be liable for any damage caused by the fact that the service is faulty. Excluded from this is intentional or grossly negligent conduct on our part.
3. At the request of the client – insofar as our third-party providers permit this – we shall make changes to the job advertisement or other service created by us during the publication period, insofar as this is reasonable for us in terms of technology and content. Excluded are all changes that affect the identity of the job advertisement, so that in the case of the change, it would no longer be the original job that would be advertised, but a new one. The changes are made under calculation of the expenditure-dependent costs and are carried out by us only after receipt of a corresponding confirmation (in writing or by e-mail) of the client.
4. Change requests of the client, which concern both the placement of a job advertisement in a certain occupational group / job category of the respective third party provider or the deposit of search terms, will be conscientiously forwarded by the contractor to the third party provider. However, the Contractor has no influence on whether the Third-Party Provider actually stores these desired search terms and places the Client’s job advertisement in the occupational groups / job categories as the Client wishes. Here, the Third-Party Provider alone decides freely according to its editorial and technical specifications how published job advertisements are searched for, placed, displayed and found. The Contractor shall only recommend to Third-Party Providers search terms, occupational groups / job categories as well as the assignment of cities / locations / places of employment.

§ 13 Liability

1. Liability by us as well as our representatives or vicarious agents for damages, in particular due to tortious acts and breach of duties arising from the contractual obligation is excluded. This shall not apply in the case of damage caused intentionally or by gross negligence, in the case of injury to life, body or health, in the case of an assurance of the absence of a defect or the breach of essential contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
2. In business dealings, compensation for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent, gross negligence or injury to life, limb or health or the assurance of freedom from defects.
3. Errors can occur with computer software, data transmission as well as through the Internet according to the current state of the art. We can therefore not ensure an absolutely error-free process. Therefore, we are not liable for any damages resulting from the fact that services are not or not completely available due to technical defects. This applies in particular to possible orders which may not be received by us or which are not taken into account. Excluded from this is intentional or grossly negligent conduct on our part.
4. We are not liable for damages caused by loss or misuse of user ID or password of the client.
5. We are not liable for the fact that a contact with the job seekers comes about or for a minimum number or minimum quality of applications, as well as for investments, which were made by the customer in the course of this offer or conclusion of the contract e.g. in the confidence of a minimum number of applications.
6. We are not liable for the correctness of the data published by us according to the instructions of job providers and applicants, as well as for the correctness of the factual statements contained in these data.
7. The customer shall indemnify us upon first request against all claims asserted against us by third parties due to inadmissible content or other violations of the law for which the customer is responsible. The indemnification shall include all reasonable costs incurred by us due to an infringement of third party rights, including court and legal fees incurred for the necessary legal defense. The prerequisite for this liability is that the infringement of rights is due to culpable conduct on the part of the customer.

§ 14 Content, rights, copyrights

1. The client alone shall be responsible for the content, in particular its correctness and legal admissibility, of the services to be published and of the text and image documents provided by the client. We are not obliged to check or monitor the services for the impairment of the rights of third parties. The client is obligated to indemnify us from claims of third parties that may arise against us in any way from the performance of the service.
2. If protected trademark rights are used within the scope of the publication of the services, the client hereby grants permission for their use. The client assures that he is entitled to grant this permission.
3. Furthermore, the client shall bear the sole responsibility under press law, competition law and other laws for the contents supplied by him for publication. By placing the order, the client confirms that he has acquired all rights of use of the holders of copyrights, ancillary copyrights and other rights to the documents and data provided by him that are necessary for placing them on the Internet or that he can freely dispose of them.
4. We acquire the sole copyrights and/or ancillary copyrights to all job advertisements and other services created by us. The payment of the remuneration by the client does not imply any assignment or granting of a right of use of copyrights and/or other ancillary copyrights to the client, in particular not to the HTML layouts. If the job advertisements or other services published by us were created by the client himself (including the HTML source text), the client shall be entitled to the copyrights, but the client shall grant us the sole right of use. In particular, we are entitled to defend ourselves against unlawful encroachments on the copyright by third parties in the context of the publication in our own name or to assert claims for damages resulting from such encroachments.
5. This contract does not include any transfer of ownership or usage rights, licenses or other rights to the software used to the customer. All rights to the software used, to marks, titles, trademarks and copyrights and other industrial rights shall remain with us without restriction.

§ 15 Data protection

1. If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily.

§ 16 Secrecy

1. The contracting parties undertake to treat all information and data received from the contracting party in connection with the performance of this contract as confidential and not to make it available to third parties, insofar as and as long as this information is not or has not become generally accessible, has not been communicated to the recipient by a third party authorized to do so without an obligation to treat it confidentially, or was not already demonstrably known to the contracting party prior to the date of receipt. This also includes information on prices and conditions. Third parties shall not include companies affiliated with the respective Partner within the meaning of Section 15 of the German Stock Corporation Act (AktG), as well as persons and companies commissioned by the Partner for the purpose of fulfilling the contract, provided that they have been or will be obligated to maintain confidentiality in the same manner.
2. The obligation shall extend beyond the termination of the contract.
3. If one of the contracting parties becomes aware that information requiring secrecy has come into the possession of a third party or that a document requiring secrecy has been lost, it shall inform the other contracting party thereof without delay.

§ 17 Amendment of the General Terms and Conditions

1. We reserve the right to amend the GTC at any time. The amended GTC shall then apply in principle to the contractual relationships entered into from the time of the amendment.
2. We shall also have the right to amend our GTC with effect for ongoing continuing obligations. In this case, the Customer may object to the amendment within two weeks of receipt of the notification of the amended GTC. In the event of an objection, we shall have the right to terminate the contract within two weeks of receipt of the objection.

§ 18 Linking

1. The site www.job-union.de as well as its channels and regional sites contain links to other Internet sites. We are not responsible for the privacy practices or the content of these websites. For illegal, incorrect or incomplete content and especially for damages resulting from the use of linked information, only the provider of the site referred to is liable
2. The customer is pointed out to the fact that after the present state of the art it cannot be excluded completely that the achievements published on our Internet sides or those of our suppliers are copied also by other Internet offerers, linked and/or with the help of Frames, as own offer camouflaged, additionally published. We shall endeavor to prevent copying, linking and/or framing in the aforementioned sense within the scope of what is technically and legally possible. For this purpose, the client already provides us with any necessary declarations of consent. Should unauthorized linking and/or framing nevertheless occur, the Customer shall not be entitled to derive any claims against us from this.

§ 19 Final Provisions

1. Place of performance is Berlin
2. If the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Federal Republic of Germany, the Berlin Local Court or the Berlin Regional Court shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
3. The law of the Federal Republic of Germany shall apply to all legal relationships between the contracting parties to the exclusion of the uniform UN purchase laws.
4. The contractual language is german.
5. Oral side agreements are not made.
6. In case of ineffectiveness of one of the preceding clauses, the effectiveness of the remaining clauses remains unaffected. The invalid clause shall then be replaced by mutual agreement by a clause which comes closest to the invalid clause in terms of its economic purpose and intention.