General Terms and Conditions of Jobstas Recruiting UG , Joachim-Ringelnatz-Weg 6a 14532 Stahnsdorf (hereinafter "Provider") for the use of the platform ww.jobstas.com and www.jobstas.de the "Platform")
1 General Provisions and Subject Matter of the Service
1.1 The Provider provides its Users with a web-based platform, including maintenance and support, in accordance with these GTC. On the platform, registered employees can search for suitable employers and registered employers can search for suitable employees (hereinafter referred to as "Employer" and "Employee", together hereinafter also referred to as "User").
1.2 Both Employers and Employees can create a profile on the Platform.
1.3 The Provider does not recognize GTCs that deviate from these Terms and Conditions and that are used by the Users - subject to express consent. Individually agreed services take precedence over the provisions of these GTC. The availability of the platform is 98.5% on an annual average including maintenance work, however, the availability may not be impaired or interrupted for more than two calendar days in a row. Excluded from this are necessary regular maintenance work as well as those periods in which availability is restricted due to events for which the Provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).
2. special provisions for the use of the platform by employees
2.1 Employees create a profile and can also log in and register with their Facebook data or Twitter or via other available contact channels. This initially creates a free usage contract between the employee and the provider.
2.2 For the transmission of applications to employers, a fee per application is charged, which is due immediately and settled via PayPal. The respective € 0.99 results from the price conditions of the platform published on the platform. By submitting an application, the employee gives the provider the order to forward his/her personal data to the employer selected by you.Deviating price and payment conditions on the platform take precedence over these GTC. If the employees are contacted by employers, this process is free of charge for the applicant.
2.3 In certain cases, employers may ask the provider to provide them with a certain number of employee profiles. In this case, the Employee's personal data will be passed on to the relevant company in an aggregate file, provided that the Employee has given the Provider prior consent or an order to this effect.
2.4 The Provider's job offers represent a non-binding invitation to the Employee to apply for a suitable position or to make his/her data available for the purpose of forwarding it to suitable employers. By the employee commissioning the transmission of the application to an employer and the provider transmitting a request for payment for this via PayPal, a paid order for the transmission of the employee data to the employer in question comes into being.
2.5 Before bindingly submitting your application, you can continuously correct your entries using the usual keyboard and mouse functions.
2.6 The GTC can be viewed on the platform at any time. The text of the contract is not stored beyond this.
2.7 The German and English languages are available for the conclusion of the contract.
3 Special provisions for the use of the platform by employers
3.1 Employers may post a profile on the platform free of charge and use it to contact employees. If the employer wishes to contact an employee, the employee profile will be activated for him. For each contact, the provider charges the employer a disclosure fee (lead) of EUR 100 plus any applicable VAT, which is settled via PayPal. Other payment methods also possible. Deviating price and payment conditions on the platform take precedence over these GTC.
3.2 In addition to the disclosure fee, the provider charges a further commission fee for the successful mediation of employment contracts between employers and employees vis-à-vis the employer. The fee amounts to 35% of the employee's annual gross salary plus any applicable VAT if the employer hires the employee within one year of receiving employee data from the employer or a flat rate of €3,000 plus any applicable VAT if an apprentice has been placed. If the employer hires several proposed employees within one year, the commission fee is due for each employee hired. Deviating price and payment conditions on the platform take precedence over these GTC. The disclosure fee according to paragraph 1 shall be offset against the commission fee according to paragraph 2 for the respective contact or applicant.
4. notification obligation of the employer
4.1 The Employer shall provide the Provider with all information necessary for the selection of a suitable Employee in a timely manner.
4.2 The Employer is aware that it must inform the Provider immediately, at the latest after 5 working days, if it has entered into any form of contract of employment with an Employee tendered by the Provider (employment, service or work contract or other type of (freelance) work or similar).
4.3 The Employer shall inform the Provider about all parameters relevant for the placement commission according to these Terms and Conditions or according to the supplementary individual agreement (esp. gross annual salary, monthly salary, contract term, contract start date, bonuses, etc.).
4.4 If an employee applied for by the Provider has been or is still in the application process with the Employer within the last 12 months, the User shall inform the Provider immediately, at the latest within 5 working days from receipt of the employee data, in a suitable form and shall credibly demonstrate this. At the request of the Employer, the Provider shall then not provide any further services with respect to such Employee and such Employee shall then not be deemed to be an Employee of the Provider. In such a case, the Employer may instruct the Provider to provide further services to the candidate, which, if successful, will result in the agreed upon placement fee. If the Employer fails to inform the Provider or fails to inform the Provider in a timely manner in accordance with the time limit specified in sentence 1, it shall be rebuttably presumed that the Employer first became acquainted with the Employee through Provider, with the consequence that a commission shall accrue in the event of a successful placement.
4.5 The Employer shall provide Provider with informal feedback on each Employee within 5 business days of tender as to whether the Employee should continue to be considered in the process or should not be considered. As soon as the Employer has subsequently decided against an employee, it shall also inform the Provider of this informally in the interest of all parties involved.
4.6 The Employer shall inform the Provider if there are significant changes with regard to the search or the information sent to the Provider and / or the employee position sought has been filled or the search requirement has ceased to exist.
5. obligations of the user and contractual penalty
5.1 The User is obligated to keep the data provided during registration up to date at all times and to refrain from violating these GTC and applicable law. In particular, the User is obligated to comply with payment requests of the Provider in a timely manner. Furthermore, the user must ensure that his account is only used by himself. He has to treat his access data and the data deposited by him confidentially and to ensure that unauthorized third parties do not have access to his data. If the user culpably violates this obligation, he is responsible for any resulting damage.
5.2 Furthermore, the User is obligated to use the platform only for its intended purpose (search for suitable employees or employers for himself or his company) and to observe all contractual and legal regulations when using the platform. Any use beyond the purpose of the user relationship is prohibited.
5.3 If the Employer intentionally fails to comply with the notification obligations under the provision under the heading "Notification obligations of the Employer" or otherwise intentionally attempts to circumvent payment of the owed agency commission in whole or in part, it shall immediately be obligated to pay a contractual penalty in the amount of twice the circumvented commission. The assertion of further damages as well as additional claims of the Provider, e.g. the right to terminate the user contract extraordinarily, shall remain unaffected. The Provider reserves the right to file criminal charges against the Employer in such cases.
6. responsibility under data protection law
The Provider and the Client are aware that they are each independently responsible for the proper processing of the Employee Data. The provider is responsible under data protection law for the employee data in its employee pool or on its platform. After the transfer of the employee data, the employer is independently responsible for the proper processing of the transferred employee data under data protection law (so-called C2C - controller to controller transfer). The Provider shall not check compliance with data protection regulations when processing employee data at the employer.
7 Blocking of the User Account
7.1 The Provider is entitled to block the User Account if the User is in default with at least one payment installment. The same applies if he is partially in arrears with several payment installments, which in their sum correspond to a whole installment.
7.2 The Provider is also entitled to immediately block the User's account if there is reasonable suspicion that the stored data violates applicable law or these GTC or that the User is using the platform in a manner that violates the law or the contract. A reasonablesuspicion for an illegality and/or a violation of law exists in particular if courts, authorities and/or other third parties inform the provider about such a suspicion. The Provider shall immediately inform the User about the blocking and the reason for it. The blocking will be lifted as soon as the suspicion is invalidated.
7.3 Blockings do not affect the term of the contract and do not release the User from his obligation to pay.
7.4 The use of software to obtain candidate contacts are strictly prohibited
8 Term, Termination
8.1 The user contract, which exists through the registration on the platform, is concluded for an indefinite period of time and can be terminated by either contracting party at any time to the respective end of the month.
8.2 Due and paid fees for not fully used or started booking periods (e.g. due to cancellations) will not be refunded or will continue to be owed; legally mandatory refund claims - especially due to mandatory liability, rescission, rescission or warranty of defects - remain unaffected.
9 Release and deletion of data after termination of contract or blocking
In the event of termination of the contract, the Provider shall irrevocably delete the data deposited by the User on the platform four (4) weeks after termination of the contract. It is the User's responsibility to otherwise secure the data he has stored in his account prior to the termination of the contract. In the event of an extraordinary termination without notice or blocking, the user can request the surrender of his data to the provider. The provider will release the data, provided that the reason for the termination without notice or the blocking does not prevent the release (e.g. due to suspicion of illegality of the stored data). The Provider shall decide at its own discretion on the form in which the data is made available, taking into account the interests of the User (reasonableness).
10 Warranty for defects
The Provider guarantees the functional and operational readiness of the platform in accordance with the provisions of this Agreement and otherwise in accordance with the statutory warranty provisions.
11 Liability and indemnification
11.1 The Provider shall be liable without limitation for any legal reason in the event of intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a warranty promise, unless otherwise regulated in this respect, or on the basis of mandatory liability such as under the Product Liability Act. If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and compliance with which the User may regularly rely on. In all other respects, liability on the part of the Provider is excluded.
11.2 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
11.3 The User shall indemnify the Provider against any claims of third parties - including the costs of legal defense in their legal amount - which are asserted against the Provider due to actions of the User in violation of the law or the contract. This includes the reasonable costs of legal defense (esp. court and attorney fees) in their legal amount. Sentences 1 and 2 shall not apply if the Provider / Employee is not responsible for the infringement. Irrespective of this, however, the Provider shall be obliged to inform the Provider immediately of any third-party claims that may be threatened.
12. final provisions
12.1 The contracts between the Provider and the Employee shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
12.2 If the User is a merchant or has no general place of jurisdiction in Germany, the Parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the Provider. Sentence 1 shall not apply if an exclusive place of jurisdiction is established for the dispute.
12.3 The Provider shall be entitled to amend these GTC for factually justified reasons (e.g. changes in case law, legal situation, market conditions or corporate strategy) and subject to a reasonable period of notice. Existing users shall be notified of such changes by e-mail no later than two weeks before the change takes effect. If the existing user does not object within the period set in the notification of change, his consent to the change shall be deemed to have been given. If he objects, the changes shall not come into force; in this case, the Provider shall be entitled to terminate the contract for cause as of the date on which the change comes into force. In the notification, the intended amendment of these GTC shall be referred to the deadline and the consequences of the objection or its absence.
13. mandatory legal information on online dispute resolution for consumers
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
Status: January 2023