(1) Studireach UG (hereinafter referred to as „Studireach“) operates a per-application online job exchange on the Internet portal www.jobberjob.com (hereinafter referred to as „Studireach/Jobberjob“). Via this portal, Studireach offers the display of job advertisements for employers (hereinafter referred to as „Client“). The details of the various products can be found in the product descriptions, which, like the valid price list, are also the subject of the contract.
(2) These GTC shall apply only to an entrepreneur who, at the time of conclusion of the contract, is acting in the exercise of his commercial or self-employed professional activity, as well as to a legal entity under public law or a special fund under public law.
(3) These GTC shall apply exclusively; Conflicting or deviating terms and conditions of the Client shall not be recognized.
(1) The offer of Studireach/Jobberjob is subject to change. The client can first register free of charge on the website under www.jobberjob.com . By clicking on the „Register now“ button, the client submits an offer to conclude the contract. The contract is concluded by activating the account and confirming it to the client by Studireach/Jobberjob.
(1) After registration and activation of the account, the client can create job advertisements via his account and send them to Studireach/Jobberjob.
(2) In addition to the advertisement on www.jobberjob.com, the customer ’s advertisement is distributed on Facebook, sent to Twitter, Xing, Linkedin and, if necessary, other social networks and automatically distributed to various job search engines. The chronological sequence and exact distribution is at the discretion of Studireach/Jobberjob and depends on the technical implementation possibilities.
(3) The placement of advertisements online requires that the client has a corresponding credit balance (cf. § 4). If the client’s credit is used up, the ads are taken offline until new credit is purchased.
(4) The various job advertisements of the clients are sorted on the page www.jobberjob.com according to relevance and date and always rotate. In principle, there is no entitlement to a specific placement of the advertisement on the part of the client.
(5) The client receives an evaluation e-mail from Studireach/Jobberjob at regular intervals (usually weekly) with the following information: Number of applications received.
(1) The remuneration of the service to be provided by Studireach/Jobberjob is calculated per application received in response to a job advertisement and is determined according to the information available at www. Studireach/Jobberjob.com published price list. The price list valid at the time of conclusion of the contract is decisive. All prices are exclusive of VAT. Prices for services not included in the price list are subject to individual agreement between the client and Studireach/Jobberjob.
(2) The remuneration shall be paid within the framework of a prepaid system. The client can buy credit via his account, which is credited to his customer account and is then used up per incoming application. Duplicate applications will be credited to the customer account retrospectively.
An application is considered to have been received if it has been sent to the client by email and has been entered in the client’s account.
(3) Unused credit will not be refunded and will expire after one year.
(4) In the event of cancellation, 30% of the purchase price will be charged as processing fees. The percentage is always based on the total purchase price.
(5) If an applicant does not comply with the pre-agreed preselection agreements based on the application documents, he or she may be cancelled. However, an unjustified cancellation requirement is the lack of accessibility of an applicant. The cancellation of an applicant may only take place after receipt of the application until the end of the following month, otherwise it is not to be considered.
(6) In the event of cancellation, only up to 15% of the total invoice amount may be complained about by applicants.
(1) The Client undertakes to provide Studireach/Jobberjob with all information and documents that are necessary and expedient for the achievement of the objectives described in the contract in a timely manner. In particular, the Client must provide the company profile data, the company logo (if available) and a photo banner for the texts of the job advertisements. Studireach/Jobberjob is entitled to verify this information itself or through third parties. Furthermore, the Client must comply with its obligations to cooperate contained in the respective product descriptions in good time.
(2) The Client undertakes to treat his user name and password confidentially and not to make them accessible to third parties.
(3) Studireach/Jobberjob assumes no responsibility for any data material, photos, advertising texts or related storage media delivered and is in particular not obliged to store them or return them to the Client.
(4) The Client undertakes to use submitted applications exclusively for the purpose of filling a position and to contact job seekers exclusively in connection with suitable job advertisements.
(5) The Client shall configure its own infrastructure in accordance with the current state of the art so that it is neither the aim nor the starting point of disruptions that are likely to impair the Internet service offered by Studireach/Jobberjob. The Client assures that it will only access the Portal via the interface provided.
(6) Studireach/Jobberjob reserves the right not to accept individual texts for the execution of the contract or to remove texts that have already been published, for example if, at the sole discretion of Studireach/Jobberjob, these violate the rules of decency and good taste. The same applies to content that violates the principle of equal treatment and, of course, to offensive or racist content as well as content that is illegal, misleading, malicious, discriminatory, pornographic, threatening or otherwise despicable. The same shall apply insofar as links are placed on behalf of the Client to service elements that lead directly or indirectly to pages with inadmissible content. In this case, Studireach/Jobberjob will ask the client to specify a different text.
(7) The client is solely responsible for the design of the text and the selection of the photos. The Client guarantees to be the owner of all necessary rights to the text and the photos. If Studireach/Jobberjob is sued by a third party due to an alleged infringement of intellectual property rights on the basis of the text or photos of the Client, Studireach/Jobberjob is entitled to delete the relevant job advertisement, advertising text, photos, etc. immediately. In this case, the Client is obliged to indemnify Studireach/Jobberjob against such claims by third parties upon first written request. The exemption also includes the necessary legal costs. Studireach/Jobberjob is not entitled to conclude any agreements with the third party – in particular to conclude a settlement – without the consent of the client.
(1) Studireach/Jobberjob shall ensure that the services commissioned by the Client are implemented in accordance with the usual technical standards. Warranty claims by the Client due to only insignificant deviation from the agreed quality or insignificant impairment of usability are excluded.
(2) Defects must be reported by the Client to Studireach/Jobberjob in writing without delay, but no later than 5 days after the service elements have been posted on the Internet or, in the case of subsequently occurring defects, after the defect has been discovered. In the event of a defect within the meaning of paragraph 1, the Client shall be entitled to the statutory warranty rights with the proviso that subsequent performance is to be effected by remedying the defect and extending the performance period by the period in which the service was actually defective. In the event of a late complaint, warranty claims can only be asserted for services from the time of the complaint.
(1) Studireach/Jobberjob assumes no liability for the legal admissibility of the Client’s texts and photos. The Client is solely responsible for the job advertisements placed by him. Furthermore, the Client shall bear sole responsibility under press, competition law and other matters for the content supplied by it and intended for publication. If Studireach/Jobberjob is claimed by third parties on the basis of a job advertisement of the client (text or photos), § 5 (7) shall apply accordingly.
(2) In all cases in which Studireach/Jobberjob is obliged to compensate for damages or expenses on the basis of contractual or statutory claims, Studireach/Jobberjob shall only be liable to the extent that Studireach/Jobberjob is guilty of intent, gross negligence or injury to life, limb or health. Liability for the culpable breach of essential contractual obligations remains unaffected (= for example, those which the contract is intended to impose on the debtor according to its content and purpose, or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the client regularly relies and may rely). In this respect, however, except in the cases of sentences 1 and 2, liability is limited to the foreseeable damage typical of the contract. A change in the burden of proof to the detriment of the client is not associated with the above provisions.
(3) Studireach/Jobberjob is not responsible for the content or format of application documents. Studireach/Jobberjob is not liable for the delivery and receipt of the application documents or for the error-free transmission of the data. Studireach/Jobberjob assumes no responsibility for the communication between the client and the job seeker.
(4) Insofar as liability for damages vis-à-vis Studireach/Jobberjob is excluded or limited, this shall also apply with regard to the personal liability for damages of employees, employees, employees, representatives and vicarious agents
(1) The Client grants Studireach/Jobberjob the non-exclusive, non-transferable right to use, reproduce, distribute, publish and host and edit the job advertisements requested by Studireach/Jobberjob for the purpose of publication (also for display on mobile devices as well as for distribution to social networks and job search engines). In particular, the Client grants Studireach/Jobberjob the right to use its name, username, trademark and logos in connection with the User Content and to distribute the Job Advertisements on social networks and various job search engines at its own discretion.
The Client assures that he or she has the appropriate authorisation to the content transmitted by him. Furthermore, the Client assures that the transmitted content and its publication in accordance with this contract do not violate applicable law or the data protection, copyright, contractual, intellectual property or any other rights of third parties. If Studireach/Jobberjob is used by third parties, § 5 (7) applies accordingly.
(2) Studireach/Jobberjob is also entitled to check whether job advertisements correspond to application materials and vice versa, and to present the results to the client or job seeker. The further scope of the rights of use granted to Studireach/Jobberjob by the Client is determined by the contractual agreement.
(3) Programs, designs, written works and databases of Studireach/Jobberjob are protected by copyright. Copyrights of Studireach/Jobberjob can also arise through the adaptation of works of the client. Any use of advertising texts revised by Studireach/Jobberjob outside the portal www.jobberjob.com by the client requires the express consent of Studireach/Jobberjob.
(4) By placing an order for the publication of job advertisements, Studireach/Jobberjob shall receive the sole database rights to the job advertisements published by the Client.
(1) Studireach/Jobberjob undertakes to keep secret all information marked as „confidential“ that Studireach/Jobberjob receives from the Client within the framework of this contract. The obligation of confidentiality does not apply to information that was already known to Studireach/Jobberjob beforehand without an obligation of secrecy or that is or becomes generally known without Studireach/Jobberjob being responsible for this, or that Studireach/Jobberjob is lawfully communicated by a third party without a duty of confidentiality, or that has been demonstrably developed independently by Studireach/Jobberjob or that is used by the client for the purpose of announcement have been released in writing. In addition, the duty of confidentiality does not apply if Studireach/Jobberjob is obliged to disclose due to judicial or official orders. Studireach/Jobberjob will inform the Client immediately in such a case.
(2) Studireach/Jobberjob undertakes to comply with the applicable legal regulations on data protection. Reference is also made to the data protection declaration under www.jobberjob.com .
(3) The Client is aware that the titles of the advertisements are automatically sent as a link to the Client’s website in social networks, such as Facebook, Twitter and Linkedin. In most cases, a picture of the ad is also uploaded. This is part of the contractual agreement between the parties and is therefore expressly desired by the client.
(4) Studireach/Jobberjob is entitled to analyse and publish anonymised order and customer data for evaluation and marketing purposes.
(1) The contract is concluded for an indefinite period of time. It can be terminated by either party with a notice period of 2 weeks. The right to terminate for good cause remains unaffected. The termination must be in writing, whereby the email meets the written form requirement.
(2) After termination of the contract, the Client’s data will be blocked for further use and deleted after the expiry of the tax and commercial regulations.
(3) If there is no credit on the Client’s customer account, the advertisements posted by the Client will be taken offline. This does not result in a termination of the contract.
(1) Studireach/Jobberjob is entitled to transfer the contractual relationship or claims arising therefrom to an affiliated company or, if the operation of the portal is transferred at the same time, to a third party.
(2) The Client’s rights under this contract may not be assigned to third parties without the prior consent of Studireach/Jobberjob.
(3) Offsetting by the Client is only possible with claims that have been recognised, undisputed or legally established by Studireach/Jobberjob. In addition, the Client is only entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
(4) The law of the Federal Republic of Germany shall apply exclusively.
(5) If the client is a merchant, a legal entity under public law or a special fund under public law, the registered office of Studireach/Jobberjob shall be the exclusive place of jurisdiction. Studireach/Jobberjob can also sue the client at its general place of jurisdiction.
(6) The invalidity of a provision of this contract shall not affect the validity of the contract in all other respects.
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