General Terms and Conditions of Business (GTC) for Private Individuals
As of: January 2017
General terms and conditions of stellenwerk, the job portal of Universität Hamburg Marketing GmbH and the cooperating institutions.
1. Area of Applicability
These GTC apply exclusively to private postings, i. e. for postings placed by private individuals in the legal sense. For commercial postings by companies, the regular stellenwerk GTC apply, which can be found at the following link.
2. Purpose / Services of the stellenwerk Job Portal
The objective and purpose of the stellenwerk Job Portal is to offer advertisers an opportunity to post job offers. For private postings in the above sense, publication is free of charge.
With the stellenwerk portal, the operator merely provides the possibility of placing job postings and does not undertake any intermediary activities. The contact between the advertiser and the interested parties is made exclusively via the advertiser's contact details.
3. Conclusion of Contract
The advertiser submits a binding application for a posting in the stellenwerk Job Portal at the end of the booking process via the "Submit ad" button. The application can only be submitted and forwarded if the advertiser has accepted these terms and conditions by ticking the box next to the "Terms and Conditions" button and has thus included them in his application. The operator then sends the advertiser an automatic acknowledgement of receipt by e-mail, which documents receipt of the application but does not constitute a declaration of acceptance. The acceptance of the operator and the conclusion of the contract comes into force only by activating the stellenwerk Job Portal at the time of publication.
4. Rights and obligations of advertisers
The advertiser will submit the job posting in the specified format using the online form. The posting will appear as shown in the preview. The default layout cannot be changed.
The advertiser ensures problem-free receipt of e-mails from the operator, if necessary by configuring the operator as a "trusted server".
Adherence to legal regulations by the advertiser
When submitting, the advertiser commits to paying the statutory minimum wage that is applicable at the time of posting. Jobs with heavy physical work are subject to the minimum compensation guideline of at least € 10.00 per hour. In addition, the advertiser assures that the content of the job posting refers to a voluntary position or activity and that the principle of equal treatment is observed. Furthermore, advertising for club or association memberships as well as for participation in illegal network marketing is prohibited (Section 16 of the Unfair Competition Act).
The advertiser grants the operator all rights according to contractual use of the posting's contents. The advertiser expressly ensures that he is free to dispose of all rights related to the posting of the content, that these rights are unrestricted, and that he has not undertaken any arrangement which will oppose a transfer of rights to the operator in accordance with this contract. The operator shall not be held liable for any third-party claims arising from the contract.
5. Rights and obligations of the operator
The operator publishes job postings on the stellenwerk Job Portal. A maximum of two working days can be expected between the entry of the posting in the online form and activation on the stellenwerk Job Portal website. The respective posting will remain visible in the stellenwerk Job Portal for 28 days from time of publication. It is then automatically deactivated. The advertiser can request earlier deactivation. This can be arranged by the advertiser directly via the link in the confirmation e-mail.
The operator reserves the right not to accept posting requests by the customer, i. e. not to publish the advertisement without giving reasons. By way of exception, the operator is also entitled to subsequently delete advertisements for good cause, in particular if the published contents violate legal requirements, official restrictions, the rights of third parties, morality or these GTC. In this case, the advertisement price will be refunded to the advertiser.
Section 6 applies to the operator's liability in all other respects.
The operator does not guarantee that the stellenwerk Job Portal will be made available without interruption. In particular, short-term maintenance work on the site or changes in the display of the advertisements do not constitute a change in the usage relationship, insofar as the purpose of the contract can still be achieved. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, nor in the case of only insignificant impairment of the usability of the operator's offer.
The operator accepts no responsibility for the content of the postings transmitted by the advertiser or other obligations originating from the advertiser's area of responsibility (neither for the post nor for the offer conveyed therein). Insofar as the operator is exposed to claims of third parties for which the advertiser is responsible due to inadmissible contents or other infringements of the law, the advertiser shall hold the operator exempt from liability upon the first request. This exemption also includes the necessary legal costs.
The operator cannot technically prevent the offer data included in the stellenwerk Job Portal from being filtered out via Internet and job search engines (e.g. Google, Kimeta). The operator, therefore, assumes no liability for possible violations of the advertiser's or third parties' rights resulting from the filtering out of data, unless, by way of exception, the operator has caused these deliberately or through gross negligence.
7. Data protection
8. External links
The stellenwerk Job Portal contains links to external websites. Since these websites are not subject to the operator's influence, the operator assumes no liability for their content. Legal responsibility, also in terms of data protection, lies exclusively with the operators of the external websites. At the same time, the operator expressly distances himself from all possible illegal contents of these pages or any further hyperlinks with illegal or offensive contents.