GTC for the Online Job Portal “jobspot.de”
Operator:
Dipl.-Ing. Josef Hesse
Marketingberatung
Marienburger Str. 1
10405 Berlin
Tax ID: 31/345/66178
Phone: +49 (0)30 / 3010 2525
Email: info@jobspot.de
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts between Dipl.-Ing. Josef Hesse, Marketingberatung, Marienburger Str. 1, 10405 Berlin (hereinafter referred to as the “Operator”), and the users of the online job portal “jobspot.de” (hereinafter referred to as the “Platform”).
(2) Users within the meaning of these GTC are both employers or advertisers (hereinafter referred to as “Employers”) and applicants (hereinafter referred to as “Applicants”). Employers generally act in the exercise of their commercial or self-employed professional activity (§ 14 German Civil Code – BGB). Applicants generally act as consumers (§ 13 BGB).
(3) Deviating, conflicting, or supplementary general terms and conditions of the user shall not become part of the contract unless their validity has been expressly agreed to in writing.
(4) The current version of these GTC is available on the Platform.
§ 2 Subject Matter of the Contract
(1) The Operator provides an internet-based platform via “jobspot.de” through which Employers may publish job advertisements and Applicants may search for job offers and apply for them.
(2) The Operator solely owes the provision of the technical infrastructure for publishing and searching job advertisements and for facilitating contact between Employers and Applicants.
(3) The Operator does not become a party to employment contracts or any other agreements concluded between Employers and Applicants.
(4) There is no entitlement to the publication of specific content or to the conclusion of a contract with other users.
§ 3 Registration and Conclusion of Contract
(1) The use of certain functions of the Platform requires registration. Upon completion of registration, a user agreement is concluded between the user and the Operator.
(2) Registration requires that the user is of legal age and has full legal capacity. In the case of legal entities, the respective authorized representative acts on their behalf.
(3) The user must provide complete and truthful information during registration. Changes to the data must be updated promptly in the user account.
(4) The Operator reserves the right to reject registrations without stating reasons.
§ 4 Services of the Operator
(1) The Operator makes the Platform available within the scope of technical and operational possibilities.
(2) There is no entitlement to uninterrupted availability. Maintenance work, further development, or technical disruptions may result in temporary restrictions.
(3) The Operator is entitled to further develop, modify, or discontinue functions of the Platform, provided that no essential contractual obligations are violated.
§ 5 Obligations of Users
(1) General Obligations
a) Users undertake to use the Platform exclusively in compliance with applicable laws.
b) It is prohibited to post unlawful, misleading, discriminatory, or otherwise impermissible content.
c) Access data must be kept confidential and protected against unauthorized access by third parties.
(2) Obligations of Employers
a) Employers may publish only job advertisements relating to genuinely available positions.
b) Job advertisements must be truthful, transparent, and non-discriminatory within the meaning of the German General Equal Treatment Act (AGG).
c) Employers are obliged to comply with all statutory information obligations.
d) Employers bear sole responsibility for the content of their advertisements.
(3) Obligations of Applicants
a) Applicants may provide only truthful information regarding their identity, qualifications, and professional experience.
b) Applicants must not infringe third-party rights, in particular by uploading documents in violation of copyright laws.
§ 6 Publication of Job Advertisements
(1) The publication of job advertisements requires the conclusion of a corresponding contract for the respective advertisement.
(2) The Operator is entitled to review advertisements prior to publication and to reject or remove them in the event of violations of statutory provisions or these GTC.
(3) There is no entitlement to a specific placement or visibility unless expressly agreed by contract.
§ 7 Prices and Terms of Payment
(1) Registration for Applicants is free of charge.
(2) Chargeable services may be offered to Employers, in particular the publication of job advertisements, highlighted placements, or additional services.
(3) The prices stated on the Platform at the time of contract conclusion shall apply. All prices are exclusive of statutory value-added tax (VAT), unless stated otherwise.
(4) Invoices are due for payment immediately upon issuance without deduction.
(5) In the event of default of payment, the Operator is entitled to charge statutory default interest and to suspend chargeable services.
§ 8 Term and Termination
(1) The user agreement is concluded for an indefinite period.
(2) Both parties may terminate the user agreement at any time with immediate effect.
(3) Previously booked paid advertisements shall continue until the end of the agreed term unless terminated extraordinarily for good cause.
(4) The right to extraordinary termination for good cause remains unaffected.
§ 9 Liability and Limitation of Liability
(1) The Operator shall have unlimited liability in cases of intent and gross negligence as well as in the event of injury to life, body, or health.
(2) In cases of slight negligence involving the breach of essential contractual obligations, liability shall be limited to the typical and foreseeable damage.
(3) Otherwise, liability is excluded.
(4) The above limitations of liability shall also apply in favor of the Operator’s legal representatives and vicarious agents.
§ 10 Responsibility for Content
(1) Employers are solely responsible for the content they publish.
(2) The Operator assumes no liability for the accuracy, completeness, or legality of content posted by users.
(3) The Operator shall only be liable for third-party content from the time of obtaining knowledge of a specific legal infringement and will remove such content promptly upon becoming aware of it.
§ 11 Data Protection
(1) The Operator processes users’ personal data in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Details regarding the type, scope, and purpose of data processing are set out in the separate Privacy Policy, which is available on the Platform.
§ 12 Rights of Use to Posted Content
(1) By posting content, the user grants the Operator a simple, non-exclusive right of use, limited in time to the duration of the contract and geographically unrestricted, to make the content publicly accessible for the purpose of operating the Platform.
(2) The user warrants that they hold the necessary rights to the posted content.
§ 13 Blocking of Users and Deletion of Content
(1) The Operator is entitled to temporarily or permanently block user accounts and to delete content if a violation of statutory provisions or these GTC exists.
(2) In the event of serious or repeated violations, permanent blocking may occur.
§ 14 Warranty
(1) The Operator does not guarantee the conclusion of an employment contract.
(2) A specific reach, number of applications, or a particular placement success is not owed.
§ 15 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship shall be Berlin.
(3) For consumers, the statutory provisions on jurisdiction shall apply.
§ 16 Severability Clause
Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision.
