General Terms and Conditions of JobTender24 GmbH
General Terms and Conditions of JobTender24 GmbH (hereinafter “JTGTC”)
As of 1 January 2020 (previous General Terms and Conditions expire on 31st December 2019)
Convenience translation from German. In the event of inconsistencies, the German version shall prevail.
JobTender24 is a job posting and recruiting service offered by JobTender24 GmbH, based in Düsseldorf, Germany (hereinafter the “Operator”). JobTender24 operates a platform specifically designed for posting and processing job openings in order to generate suitable candidate proposals. In Addition, JobTender24 offers employers process transparency when cooperating with headhunters and recruitment agencies.
1.1. These General Terms and Conditions apply to any and all services offered by the Operator currently or in future on its home page jobtender24.com or on any other web page belonging this domain or any other top-level domain containing the names “JobTender” or “JobTender24” (hereinafter “JobTender24”) to the User (as defined in 1.2).
1.2. Registered individuals are referred to as “Users.” Users maintain a user account containing their personal information. A User may be an employee or representative of a company who is registering with JobTender24 with the intent of recruiting staff for their own organisation or for a client , or with the intent of using the services of one or several Headhunters to find Candidates (hereinafter an “Employer”); or may be a headhunter, HR consultant, recruiter or other type of agency (jointly referred to above and hereinafter as “Headhunters”) who is registering with the intent of proposing qualified candidates to Employers for recruitment or with the intent of processing Employers’ search mandates. Every User confirms that they are duly authorised to use JobTender24 and, should they book a service, that they are authorised to book the respective services.
1.3. For the purposes of the JTGTC, the term “Candidate” refers to any individual or service provider (including freelancers, temporary staff, commercial agents etc.) proposed by a Headhunter for the purpose of assessment, recruitment or the commissioning of work by an Employer.
1.4. The term “Tender” refers to the entry and posting of information on a vacancy, including information on the conditions (search mandate). A Tender serves the purpose of receiving Candidate proposals from Headhunters in order to fill the vacancy.
1.5. The JTGTC apply exclusively, even if the services are used or sites accessed from outside the Federal Republic of Germany. If a User’s general terms and conditions are in conflict with the JTGTC, the User’s terms and conditions shall not be binding for the Operator even if the User has declared them applicable and even if the Operator has not expressly objected to them. The User’s general terms and conditions are only deemed part of the contract if the Operator has expressly agreed to them in writing. Unless otherwise agreed, the JTGTC shall continue to apply to future contracts in the version applicable at the time a Tender was registered or in the version most recently published by the Operator in written form, as the case may be, even if this has not been specifically agreed. Supplementary agreements, amendments or additions to the JTGTC are only valid if approved by the Operator in writing.
2. Posting and processing of vacancies and conditions
2.1. Authorised Employers (as defined under 2.11) can post vacant positions on JobTender24 and manage their postings and all the related processes through the system. Employers may also book optional services. The Operator reserves the right to review Tenders and refuse their publication, e.g. in the event of non-compliance with the German General Act on Equal Treatment or of any other form of discrimination; if the conditions being offered to not meet the Operator’s expectations; or in the event that the seriousness of the Posting appears doubtful. However, the Operator is not under obligation to do so. Headhunters can view Tenders, will receive emails about new Tenders, and may apply for Tenders.
2.2. Employers post information on the desired Candidates (position, remuneration, qualification etc.) and any other relevant briefing information on the position being tendered. The Employer may determine the conditions that apply in the event of successful recruitment or, alternatively, the Employer may receive proposals for Candidates from Headhunters subject to conditions individually determined by the Headhunter.
2.2.1. The Employer may not include any contact details or the name of name of the Employer in the fields containing general Tender information. Only the designated mandatory fields of the platform may be used for this information.
2.2.2. The Employer may book additional service modules in advance, as part of a contractual agreement or by selecting them online in the system, e.g. the payable “Managed Service” option (active support by the JobTender24 team).
2.3. JobTender24 will transmit the Tender – upon review, as the case may be ¬– to the registered, selected or qualified Headhunters (“Activation”). Eligible Headhunters can then apply for the Tenders and, provided they have been activated, propose Candidates by means of submitting an informative profile or in the form designated by JobTender24. When applying to participate in a Tender, Headhunters state their specialisation, their motivation for the application and how many Candidates they expect to be able to propose in a specific period. Additionally, JobTender24 may display information on the Headhunter’s performance on JobTender24 to the tendering Employer (e.g. numbers of Tender participations, Candidate proposals, interviews, successful proposals – within a specified period) to help the Employer assess the Headhunter’s application.
2.4. The Employer (or, when using “Managed Services,” the JobTender24 team) select the Headhunter or Headhunters to be activated for the Tender. Headhunters who are activated for participation in the Tender will then receive additional information on the Employer and the Posting.
2.5. The Employer undertakes to review all Candidate proposals they receive and inform the Operator and the Headhunter (and, consequently, the Candidate) via JobTender24 whether a Candidate proposal has been accepted and will move on in the process (e.g. for an interview) or whether a proposal is rejected within 14 calendar days. Candidate proposals that are not rejected within 14 calendar days are automatically deemed accepted and billed accordingly if pertaining to Tenders where the Employer is offering a premium per accepted Candidate or has booked an arrangement including a predetermined number of Candidates.
Along the process chain, the Employer must enter a status update for each Candidate after every status change (e.g. interview, negotiation, rejection) in the JobTender24 system within 7 calendar days. If a Candidate is rejected, the Employer must state the reason for rejection.
When an Employer enters a contractual relationship with a Candidate, the Employer must enter all relevant information into the JobTender24 system within 3 calendar days.
2.6. Headhunters are obliged to discuss the position, the requirements, the salary offered, and their intent to propose the Candidate with every Candidate they intend to propose via JobTender24 prior to doing so. A Candidate may only be proposed if they have expressly and demonstrably consented to being proposed. This includes their consent to the storage of Candidate data by JobTender24 and the Employer.
2.7. It is agreed that Candidate proposals are regarded merely as suggestions by the Headhunter; they are not deemed to be an application by the Candidate with the Employer and thus do not entail the associated rights, to the extent these may be legally excluded. Should an Employer not cover travel or other costs incurred to a Candidate in the course of a Tender, the Employer must inform the Operator and Headhunter accordingly in advance as part of the online briefing.
2.8. First come, first serve: Should several Headhunters propose the same Candidate for a Tender, the Headhunter who first proposed the Candidate for this Tender via JobTender24 (and has not withdrawn the proposal in the meantime) is the one who has a claim to the performance-related fee in the event of success.
2.9. Exclusivity: It is a prerequisite for entering a Tender that Employers do not hire any additional Headhunters and, ideally, refrain from posting the position on other commercial job boards. If these prerequisites are not fulfilled, the Operator reserves the right not to activate or to deactivate the respective Tender as parallel searches jeopardise JobTender24’s success and that of participating Headhunters.
2.10. Individual Tender conditions: In addition to the JTGTC, the individual conditions specified in each Tender apply. Should these contradict the JTGTC in individual instances, the conditions specified in the Tender apply.
2.11. Employers or Headhunters are deemed to be “authorised” in the context of the JTGTC if they have an effective contractual relationship with the Operator and have obtained the relevant rights and/or quotas to post Tenders and/or participate in Tenders and have been activated for this purpose.
2.12. Posting Tenders to Preferred Suppliers: If an Employer has booked the “Preferred Supplier Module,” the Employer may restrict the publication of their Tender exclusively to those Headhunters who have signed a written agreement referred to as “Preferred Supplier Contract” with the Employer. The Operator must be notified of preferred Headhunters by the Employer before the Tender is posted. For these Tenders, the conditions agreed between the Employer and the Headhunter in the separate and independent Preferred Supplier Contract concerning the procedure, fees, proposal conditions, and guarantees apply exclusively. The Operator is not party to these contracts and merely provides the JobTender24 system for the purpose of processing such a Tender and generating Candidate proposals against a fee. The Operator and Employer conclude a separate agreement to this end.
2.13. As a matter of principle, Users must observe the applicable national law for all Tenders and their participation.
3.1. Registration on JobTender24.com is free of charge for Users.
3.2. The publication of a Tender and use of the Managed Service option, the system or individual modules of the system, memberships, and the generation of Candidate proposals via JobTender24 incur a fee in accordance with the current price list or as specified in a separate individual offer, depending on the type of Tender.
3.3. A success-based commission must be paid for Tenders if an Employer has determined that a fee is to be paid for a Successful Recruitment or if a Candidate is hired for which the Headhunter has determined this condition. The fee is due when an employment or other contract is concluded between the Employer (or an associated company of the Employer) and a Candidate with whom contact was established via JobTender24 for the tendered position or another position during the period that the Tender is active or a period of up to 12 months after deactivation of the Tender (“Successful Recruitment”).
This also applies if a Headhunter participating in a Tender posted by the Employer on JobTender24 proposes Candidates to the Employer for the same Tender outside JobTender24.
In the event of a Successful Recruitment, the Employer who posted the position notifies the Operator of the title of the position, type of employment, date of signing and effective date of the contract, and the contractually agreed total compensation including bonuses, commissions, or other benefits that are part of the compensation package (see Item 126.96.36.199).
If more than one Candidate is hired for a position that was tendered (“Multiple Recruitment”), the success-based commission is due for each hired Candidate/Candidate placement. The same applies if one or several Candidates proposed for a specific Tender are hired for another position during the period that the Tender is active or a period of 12 months after deactivation of the Tender.
3.3.1. If an Employer has offered a success-based fixed premium for a Tender posted on JobTender24, a fixed fee is invoiced in the event of a Successful Recruitment. If a fee per accepted Candidate proposal has been agreed, the fee falls due when the Employer has accepted a Candidate proposal or if a Candidate proposal is deemed “accepted” in accordance with item 2.5 and the fee can be billed.
3.3.2. If the Employer has offered a commission based on a percentage of the target annual salary as the success-based commission for a Tender posted on JobTender24, the billable amount is based on the Candidate’s actual contractually agreed total compensation.
188.8.131.52. Total compensation includes the contractually agreed fixed annual gross salary and/or contract volume plus all fixed and variable salary components, bonuses, and company/service vehicles.
184.108.40.206. If no fixed annual total compensation or contract volume has been agreed with the Candidate (e.g. for commercial agents or freelancers), the target annual salary originally included in the Tender serves as the basis for calculating the success-based fee.
220.127.116.11. Should the total compensation agreed with the Employee fall more than 10% short of the target annual compensation originally posted in the Tender, the success-based commission is calculated based on the originally posted target annual salary minus 10%.
18.104.22.168. Should a bonus or variable compensation component be envisaged but its amount not be determined when the contract is concluded, the success-based commission is calculated based on a default bonus of 25% of the actually agreed annual salary.
3.3.5. In the event of doubt regarding the total compensation amount, the Operator may demand a copy of the contract concluded with the Candidate from the Employer. The Operator undertakes to treat such a contract with strict confidentiality. The Employer, Headhunter and Operator may mutually agree deviating terms for a Tender in exceptional cases.
3.4. The Operator shall issue an invoice to the tendering Employer for the success-based commission, premiums and for optional services (e.g. Managed Service, premium per accepted Candidate proposal, Service Module etc.). The Operator’s invoice is issued net plus applicable VAT and is due within 14 calendar days of invoice date. The Operator has the right to demand default interest in the statutory amount in the event of a late payment. The Operator may assign their invoices to service providers (e.g. for factoring). Payments must be made free of fees or charges to the Operator’s or service provider’s account.
3.5. The successful Headhunter issues an invoice to the Operator for their services when the Candidate takes up their work. The Headhunter’s is entitled to a fee if a Candidate they have proposed for a Tender posted on JobTender24 has entered a contractual agreement with the Employer within 6 months of the proposal providing no guarantee has been claimed. The Headhunter is not entitled to a fee if a Candidate proposed by them for a Tender was also proposed and successfully placed by another Headhunter for a different Tender, even if the Employer is the same. A Headhunter is never entitled to a fee from the Operator if the Candidate was not proposed via JobTender24.
3.5.1. The invoice amount due to the Headhunter from the Operator for the successful placement of a Candidate equals the Headhunter’s success-based commission minus the amount due to the Operator’s (“Handling Fee”), the amount of which is agreed between the Headhunter and Operator and depends on the type of Tender and the number of Headhunters accepted for the Tender. Conditions are agreed as part of each Tender or in individual contracts. If they have not been agreed there, the conditions stipulated in the current price list apply.
If an Employer is offering a premium per accepted Candidate proposal for a Tender, the Headhunter may bill the Operator for their share in these premiums agreed with the Operator in the following month.
3.5.2. The Headhunter shall include the JobTender Number assigned to the Tender by the Operator in their invoice after a successful placement to facilitate invoice allocation.
The Headhunter shall include the Tender title, title and name of the proposed Candidate, and the dates of the proposal and its acceptance when issuing invoices for premiums per accepted Candidate proposal.
3.5.3. The Headhunter’s invoice is due within 30 calendar days of the invoice date, provided the Employer has paid the Operator by this time and no guarantee has been claimed. Any bank charges due on a payment to a Headhunter are borne by the recipient of the payment.
3.5.4. A fundamental payment prerequisite for payments falling due is that the Employer has paid the Operator’s invoice, i.e., should an Employer fail to pay the Operator (e.g. due to insolvency), the Headhunter does not have a separate claim to their fee or share of the premium from the Operator. Similarly, should the Employer refuse payment as the Headhunter’s proposal is not deemed accepted or a successful placement, the Headhunter does not have a direct claim against the Operator. In such an event, however, the Operator will transfer their rights from the service agreement to the Headhunter to enable the Headhunter to take legal action in their own name. Notwithstanding this, the Operator’s claim to the Handling Fee survives.
4. Employer Guarantee for success-based commissions
4.1 The Operator and every successful Headhunter offer the following Basic Guarantee for Tenders: Should a successfully placed Candidate demonstrably not take up their work, 50 percent of the success-based commission already paid by the Employer shall be reimbursed, taking into account the provisions of Item 4.2.5. The same applies for fixed premiums for successful placement. In all such events, however, the Headhunter may make use of the Alternative Proposal Option as per Item 4.3.3, in which case the reimbursement is deferred or deemed settled.
4.2 For Tenders including the “Managed Service” option, the Operator and the successful Headhunter grant an Extended Guarantee, by means of which a fair balance is struck between the Employer’s investment and the risk assumed and services rendered by the Headhunter and the Operator:
4.2.2. Should a successfully placed Candidate not take up their work, 70 percent of the success-based commission already paid by the Employer shall be reimbursed, taking into account the provisions of Item 4.3.5. However, the Headhunter may make use of the Alternative Proposal Option as per Item 4.3.3.
4.2.3. Should a Candidate demonstrably terminate their contract with the Employer within 14 calendar days after the contractually agreed start date of their work, 50 percent of the success-based commission already paid by the Employer shall be reimbursed, taking into account the provisions of Item 4.3.5. However, the Headhunter may make use of the Alternative Proposal Option as per Item 4.3.3.
4.2.4. Should a successfully placed Candidate demonstrably terminate their contract with the Employer within the period starting on the 15th calendar day after their start date to the 30th calendar day (including said dates) after their start date, 30 percent of the success-based commission already paid by the Employer shall be reimbursed, taking into account the provisions of Item
4.2.5. However, the Headhunter may make use of the Alternative Proposal Option as per Item 4.3.3.
4.2.5. Any Guarantee expires after the 30th calendar day.
4.3. General conditions of guarantee:
4.3.1. The Guarantee does not cover cases of termination by the Employer. Moreover, the Employer’s claim to the Guarantee expires if an Alternative Candidate Proposal has been submitted and not reviewed by the Employer within 14 calendar days. The Guarantee is also excluded if an Employer decides that it no longer wishes to fill a position or fills it internally. There is no Guarantee for premiums per proposed Candidate or other services.
4.3.2. The Operator and Headhunter must be informed of an event giving rise to a Guarantee claim within 7 calendar days of the event by email to firstname.lastname@example.org. Evidence of the event, such as a letter of termination by the Candidate, must be provided upon request. Any notification of a guarantee claim after the said date will not be accepted.
4.3.3. Whenever a Guarantee claim is raised, the Headhunter may exercise their option to propose suitable alternative Candidates within 90 calendar days. Should the Headhunter wish to exercise this option, they must notify JobTender24 of their intent within 7 calendar days of receipt of the Guarantee notification by email to email@example.com (“Alternative Candidate Proposal”). In this case, the reimbursement of the Guarantee amount is suspended. Should the Employer hire one the proposed alternative Candidates, no payment of the Guarantee amount falls due. The Guarantee for the first Candidate is deemed settled; however, the Employer is granted the same Guarantee for the new candidate.
4.3.4. The Operator shall pay any due Guarantee amounts to the Employer within 60 calendar days after being notified of a Guarantee event (as per Item 4.3.2) via JobTender24 or, if the Alternative Candidate Proposal option was exercised (as per Item 4.3.3), shall pay within 14 days of an unsuccessful Alternative Proposal, i.e. all Candidates were refused.
The Headhunter undertakes to reimburse the Operator for their share of the commission immediately if a Guarantee event has occurred or if an Alternative Candidate Proposal has been unsuccessful. Should the Headhunter delay this payment, default interest falls due at the statutory rate.
4.3.5. The Operator’s obligation to reimburse the Employer is subject to having previously received the payment from the Employer in full and to the Operator having received the full amount reimbursable to it from the Headhunter. Any bank charges incurred in the course of a Guarantee-based refund to the Employer are borne by the recipient.
4.3.6. Should a Headhunter consider a case not to be refundable under the Guarantee and not reimburse the Operator for this or any other reason, the Operator’s reimbursement obligation towards the Employer is reduced by the amount in question. In such an event, however, the Operator will transfer their rights to the Employer to enable them to take legal action against the Headhunter in their own name. Before legal action is taken, the Operator offers to act as a mediator between the Employer and Headhunter; in this case, the Employer’s claim to compensation is suspended for the duration for the mediation until an agreement is reached.
4.4. The Employer, Headhunter and Operator may mutually agree different Guarantee provisions in writing in individual cases.
4.5. The Operator does not offer any kind of guarantee on Tenders that are open exclusively to Preferred Suppliers (as per Item 2.12).
5. Rights, User obligations, interdictions
5.1. Required authorisation: Every User assures to have obtained all necessary authorisations or membership rights for their activities on and use of the platform and agrees to comply with all applicable requirements. Users acting on behalf of Employers or Headhunters confirm that they have the permissions required by their company to use JobTender24 and are authorised to accept the conditions on behalf of the company. The Operator shall be held harmless and indemnified from any and all damage arising from a violation of these provisions, including any violation of company-specific regulations or policies or country-specific rights, licenses, or other regulations.
Headhunters based in Switzerland assure, specifically, that they have obtained the necessary permit in accordance with Article 2 et seqq. of the Swiss law on private employment agencies and temporary recruitment (Arbeitsvermittlungsesetz) from the cantonal employment office in charge and SECO in Bern, if required.
The same applies for Headhunters from other countries that require a special permit for the placement of Candidates.
5.2. Data entry: All Users assure that all data registered with the Operator complies with all applicable legal and statutory provisions in the country that the User and recipient have their respective seats in. In particular, none of the registered data may violate any copyright, data protection, or personal rights. Data subjects must have given their consent to the entry of any data submitted. Users bear the sole responsibility for compliance with press law, competition law, and any other responsibility regarding the data submitted by them and assure to have obtained all the required rights to do so.
Every User undertakes to personally check the data they submit to the Operator for accuracy and completeness. Only hardware and software that complies with all the usual security standards may be used for accessing JobTender24. Data and information exchanged via the platform may only be used for the purpose of filling the vacancies posted on and processed via JobTender24. Data must be treated confidentially and may only be made accessible to authorised persons. The publication of files or information, linking these to other platforms or their automatic extraction are prohibited.
Any misuse will be sanctioned by the Operator.
5.3. Non-solicitation: The Operator undertakes not to actively solicit employees from its clients through its own permanent employees. However, no non-solicitation agreement has been concluded with the registered Headhunters or the Employers posting Tenders and would be non-enforceable, as JobTender24 provides an open and neutral platform to which numerous Headhunters with national or international activities are connected, who may be working on several projects for a number of different Employers at any given time in- and outside of JobTender24.
Should the conditions of individual Tenders contain non-solicitation clauses which are agreed between the Headhunter and the Employer, these apply exclusively to the individual person acting as or on behalf of the Headhunter who is participating in the Tender and not for the whole organisation of the Headhunter. The Operator assumes no liability for any damages arising from non-compliance with non-solicitation clauses; however, it will support the affected Employer by providing all information required to enforce potential claims.
Furthermore, Employers or Headhunters may not solicit the Operator’s employees directly or indirectly through third parties for a period of 12 months after ending the use of JobTender24. A lump sum penalty of €25,000 is deemed agreed in the event of violation, whereby the Operator expressly reserves the right to claim higher damages.
5.4. No circumvention: The Operator goes to great lengths to provide a functioning system; therefore, Employers and Headhunters are obliged to immediately report any attempts or actual circumventions of the system to the Operator.
Any Headhunter who attempts to circumvent or manipulate the JobTender24 platform during their participation in a Tender or the 12 months after by contacting the tendering Employers directly, without using JobTender24, with the aim of proposing Candidates for a vacancy posted on JobTender24 or for any other vacancy, or who actively acquires business from the Employer, personally presents their services to the Employer, or suggests excluding JobTender24, is incurring damage to the Operator and other participants. However, the ban on circumvention of the system does not apply to Candidate proposals for positions that are not posted on JobTender24, provided that the Headhunter can prove to have already been in an active contractual relationship with the respective Employer at the time of participation. Moreover, Headhunters may not pass on information on a Tender to colleagues or third parties who are not involved in the search activities for a specific Tender. Participating Headhunters hereby expressly agree to this.
Equally, an Employer’s attempt at receiving Candidate proposals for a Tender or for any other position from a participating Headhunter under exclusion of JobTender24 represents a circumvention. However, this does not apply for other vacancies than those posted in the Tender if the Employer can prove to have already been in an active contractual relationship with the Headhunter concerning said vacancy at the time of posting.
A lump sum penalty of €30,000 is deemed agreed in each event of violation, whereby the Operator expressly reserves the right to claim higher damages. Moreover, the violating Headhunter or Employer may be permanently excluded from using JobTender24. A written confirmation from the Employer or Headhunter is sufficient to establish the circumvention.
5.5. Deactivation of an account: A User account can be deactivated any time. Every User undertakes to comply with all their rights and obligations under the JTGTC even after a deactivation of their account. Any User data with contractual relevance will be stored in accordance with statutory requirements for the purposes of proper documentation. Every user explicitly agrees to this.
5.6. Damages from the employment of a Candidate: Employers shall indemnify and hold harmless the Operator and Headhunters from any damages incurred in context with the employment of a Candidate. Additionally, Employers assure to have all necessary authorisations for posting the Tender and employing the Candidate. Otherwise, the Employer is liable to the Operator and the affected Headhunter for damages.
5.7. Existing contracts and known Candidates: When posting a Tender, the Employer must state whether they are already cooperating with Headhunters concerning the position or have already posted it in other media. Upon disclosure of the Employer to a Headhunter, the Headhunter is obliged to check and immediately notify the Operator whether a contract already exists with the Employer and of the type of contract or whether the Headhunter is already working on the Tender based on a contractual agreement. The Operator must be informed immediately and may waive the Handling Fee upon reviewing and evaluating this information.
If not, the Operator is deemed to have arranged the mandate.
If an Employer has already been introduced to a proposed Candidate through other channels in the course of the past six months, the Employer must notify the Operator accordingly in writing and provide evidence hereof within 14 calendar days of receiving the Candidate proposal. Otherwise, the Candidate is deemed to have been proposed and placed through the Operator.
6. Rights and obligations, Operator announcements
6.1. User checks and Tender reviews: The Operator performs spot-checks on Headhunters by accessing information available in the public domain, e.g. Headhunter homepages and other records. Any User who has obtained access by providing false information is liable for a penalty in the amount of €10,000 irrespective of the actual damage incurred. The Operator may shut down or delete User accounts that have been inactive over a period of 12 months. The Operator may also close down Tenders that are older than six months. Moreover, the Operator reserves the right to delete data that offends common decency, harms the Operator’s interests, and/or violates applicable law. The Operator may also exclude individual Headhunters and/or Operators from the use of JobTender24 without giving reasons.
6.2. Liability disclaimer: The platform is generally available for use around the clock. However, the Operator reserves the right to shut it down for maintenance. Users do not have a claim to uninterrupted availability of the platform or individual functions. Consequently, no claim to damages arises from the platform’s non-availability for use. JobTender24 Users shall hold harmless the Operator from any damage to other Users or third parties incurred through a violation of their rights or any other violations of law. The Operator does not assume any liability for damage incurred through the use of JobTender24. Each User is solely responsible for the data entered on JobTender24. This exclusion of liability also includes all the Operator’s agents or representatives. The exclusion does not apply in the event of intent or gross negligence; it also does not apply in cases of slight negligence regarding a considerable breach of an essential contractual obligation (an obligation that is prerequisite to the proper execution of the contract and on the fulfilment of which contractual partners rely and must be able to rely). Any claims based on damage to life, body, or health remain unaffected. Claims to damages are subject to the statutory periods of limitation.
7. Place of jurisdiction, applicable law
7.1. Any matters related to the use of JobTender24 are subject exclusively to German law, apart from conflict of laws right and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).
7.2. If the contract partner is a tradesperson by German law (Kaufmann) or a corporate body, Düsseldorf, Germany, is the place of jurisdiction. Irrespective of this provision regarding the place of jurisdiction, the Operator reserves the right to open legal proceedings against a User at any place of jurisdiction.
7.3. The Operator reserves the right to amend the JTGTC. In the event of an amendment to the JTGTC, the Operator will notify the Users accordingly in text form (e.g. by email). If a User does not object to the changes by means of a written notification to the Operator within a period of four weeks of receipt of the Operator’s written information regarding the amendment, changes are deemed accepted by the User and become effective, and the contractual relationship is continued under the new conditions. For meeting the deadline on objection, it shall suffice to send off the notification to the Operator in due time. In the event of an objection, both parties have the right to terminate the existing contract for cause.
8. Technology and analysis
8.1. The Operator uses state-of-the-art processes and technologies to provide the best possible protection of User data. All participants undertake to treat any and all data and information exchanged via the platform with strict confidentiality, in particular any personal information and Tender information.
8.2. The Operator may process User and usage data for the purposes of monitoring and analysis, and for the purpose of compiling statistics; the Operator may also publish statistical information and user rankings and ratings, to the legally permissible extent. The Operator may use the names of registered Employers and Headhunters and information on successful placements as a reference. However, the publication of references containing the names of successfully placed Candidates requires these Candidates’ consent.
8.3. The Operator may use third-party service providers for the collection of User and usage data (e.g. page tracking).
9. Severability clause
Should any provision of the JTGTC be or become invalid or unenforceable, the remaining provisions of the JTGTC shall remain unaffected.
This does not apply if the omission of individual provisions would put one of the contract parties at an unreasonable disadvantage so that said party could no longer be expected to adhere to the contract.