This page has been translated automatically, in case of ambiguities the original is valid in German language.
logistik jobs GmbH, based in Magdeburg, operates a career portal for logistics specialists and executives (hereinafter referred to as "Internet portal") on the Internet websites www.logistik-jobs.de.de, www. logistik-karriere.de, www.logistics.careers, www.supply-chain-jobs.de and www.logistics-jobs.com, among others. The following services can be provided to users on the Internet portal:
- Placement of advertisements with job offers
- Search for suitable applicants on the basis of applicant profiles
For job seekers:
- Search for published advertisements with job offers
- Application for job advertisements
- Creation and publication of applicant profiles
- Search for information on logistics and careers
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to the use of the Internet portal by (job seekers and recruiters) and the related conclusion of contracts between logistik jobs GmbH as contractor and clients.
§ 1 Scope of application
The GTC apply to all contracts of logistik jobs GmbH and its respective customers. The GTC of logistik jobs GmbH apply exclusively. Any conditions of the client or user to the contrary shall not apply. They shall only apply if logistik jobs GmbH expressly agrees to them in writing.
§ 2 Conclusion of contract
(1) Services without registration/ordering: In the case of such services of the Internet portal that can be used without registration and/or commissioning (e.g. research for job offers), the provision of the website by logistik jobs GmbH represents a non-binding offer to conclude a contract-like usage relationship. With the use of the provided respective services this offer is accepted in each case.
(2) Services with registration and/or with order: For services whose use requires registration and/or commissioning (e.g. placement of job advertisements), the provision of the website constitutes a non-binding offer to conclude a corresponding contract. A contract is only concluded when logistik jobs GmbH expressly confirms this in writing or by e-mail to the client or when an order is executed by logistik jobs GmbH. The same applies if the client accepts an offer from logistik jobs GmbH.
(3) The contractual language is German.
§ 3 General rules for placing job advertisements
(1) In principle, only one position per job advertisement can be published by the client, unless logistik jobs GmbH and the client agree otherwise.
(2) The client bears the sole responsibility for the content, in particular its correctness and legal admissibility, of the text and image documents made available for placement of the job advertisements. logistik jobs GmbH is not obliged to check the job advertisements for possible impairment of the rights of third parties.
(3) The client is obliged to indemnify logistik jobs GmbH against claims of third parties arising from the execution of the order to publish the job advertisement against logistik jobs GmbH.
(4) If protected image and/or trademark rights are used in the context of the publication of advertisements, permission to use them in the context of the order to publish the job advertisement is granted by placing an order with logistik jobs GmbH. By placing an order, the customer assures that he is authorized to issue the corresponding approval.
(5) If html data (source texts or links) are made available by the client or a third party working for him within the scope of publication of the advertisement, the client grants logistik jobs GmbH the right of use to use the job advertisement in all necessary ways in connection with the commissioned publication of the job advertisement by logistik jobs GmbH. By placing an order, the customer assures that he is authorized to issue the corresponding approval.
(6) The publication of the job advertisement shall commence on the date agreed with the client. If no time has been agreed in this manner, publication shall take place immediately, but at the latest on the second working day, after completion of the respective advertising order.
(7) The client is obliged to transmit all job advertisement data, texts, images, logos and information required for the commissioned ad placement to logistik jobs GmbH. logistik jobs GmbH is not responsible for delays in publication due to missing and/or incompletely delivered components of the job advertisement by the client.
(8) The client is hereby informed that according to the current state of the art it cannot be excluded that the job advertisements published on the Internet portal may be copied by third parties, re-linked and thus presented as offers of third parties. To the extent technically and legally possible, logistik jobs GmbH attempts to prevent this type of use. If, despite the above-mentioned efforts of logistik jobs GmbH, unauthorised copying and/or unauthorised linking of the job advertisement ordered should occur, the client cannot assert any claims against logistik jobs GmbH.
(9) logistik jobs GmbH has the right but not the obligation to store or archive the job advertisement after termination of the advertising contract. At the client's request, all job advertisement data provided by the client, e.g. source texts, images, texts, logos and templates, will be deleted.
§ 4 Special obligations of the client in the case of job advertisements
(1) The client undertakes vis-à-vis logistik jobs GmbH to publish only information corresponding to the facts in its advertisements and not to violate applicable legal provisions. In particular, applicants may not be discriminated against on the grounds of racial or ethnic origin, gender, religion or belief, disability, age or sexual identity in accordance with the General Equal Treatment Act (AGG). Furthermore, the job advertisement must not violate the prohibition of unfair, misleading or otherwise anti-competitive advertising under the Unfair Competition Act (UWG) and must not violate criminal law and data protection regulations.
(2) The client of the job advertisement is solely responsible under press and competition law for the content supplied by him and intended for publication on the Internet portal. By placing an order, the contractor confirms that he/she has and may dispose of all the documents and data provided by him/her in the job advertisement, all the rights of use required for publication on the Internet, in particular copyrights, ancillary copyrights and other rights.
(4) Upon first request, the customer shall indemnify logistik jobs GmbH against all claims asserted by third parties against logistik jobs GmbH due to inadmissible content or other legal violations of the job advertisement commissioned for which the customer is responsible. The indemnity also includes the necessary legal costs.
§ 5 Special rights of the Contractor for job advertisements
(1) logistik jobs GmbH as contractor reserves the right not to execute orders placed by the client due to their content, origin or technical form according to uniform, objectively justified principles. Such a right exists in particular if the content of the order violates legal or official prohibitions, is abusive or offends common decency or publication is unreasonable for logistik jobs GmbH for other reasons.
(2) Furthermore, logistik jobs GmbH reserves the right to remove elements already published from the Internet portal to the extent that the content to be published violates the criteria specified under § 5 paragraph 1 or further publication is unreasonable for logistik jobs GmbH for other reasons. The same applies if the client's job advertisement contains links that lead directly or indirectly to pages with inadmissible content within the meaning of the preceding sentence. The customer shall be informed of such a measure without delay. logistik jobs GmbH is not obliged to issue a prior warning.
§ 6 Fees, payment and late payment
(1) Subject to any other written agreement, the client shall pay logistik jobs GmbH the remuneration resulting from the current price list available on the Internet portal for his advertising order.
(2) The remunerations stated on the price list are net prices, exclusive of statutory value-added tax.
(3) The price list published on the Internet by logistik jobs GmbH at the time of receipt of the customer's application shall be decisive for the current validity of the prices.
(4) logistik jobs GmbH shall invoice the client immediately after publication of the job advertisement or after the start of the term of the services to be provided by logistik jobs GmbH.
(5) logistik jobs GmbH shall send the invoices as PDF files. If requested by the customer, the dispatch can also take place by post.
(6) Unless otherwise agreed with the customer, invoices issued by logistik jobs GmbH are due for payment within 14 days of the invoice date.
(7) If an event of default or deferment of payment occurs, interest of 5% above the base interest rate applicable at the time shall be charged.
(8) If the customer is in default with the payment of the invoice amount, logistik jobs GmbH is entitled to temporarily suspend the contractual obligation to execute orders and provide agreed services until all outstanding claims have been paid in full.
(9) The obligation of the principal to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Termination of the advertisement contract
(1) There will be no automatic extension of the ordered advertisement placement by logistik jobs GmbH. The contract ends upon expiry of the agreed term of the advertisement placement.
(2) If the client violates essential contractual obligations, logistik jobs GmbH reserves the right to terminate the contract without notice. The same applies in the event that the client files for insolvency.
§ 8 Candidate profiles
(1) The creator of a candidate profile creates and manages his profile on his own responsibility via the designated area on the Internet portal. When entering and filing a candidate profile, the user must provide correct, current and complete information. Data of third parties may not be used without their written consent. The creator of a candidate profile is solely responsible for the content, in particular its accuracy and legal admissibility.
(2) logistik jobs GmbH is not obliged to check the candidate profiles for possible impairment of the rights of third parties.
(3) By publishing his profile, the creator of a candidate profile assures that he may freely dispose of the content he has posted and does not violate the rights of third parties, in particular name rights, trademark rights, copyrights or personal rights.
(4) The creator of a candidate profile shall ensure that the content of his profile or its publication on the Internet portal does not violate relevant legal provisions. In particular, the candidate profile must not violate the prohibition of unfair, misleading or otherwise anti-competitive advertising under the Unfair Competition Act (UWG) and must not violate criminal law provisions.
(5) The creator of a candidate profile is obliged to treat the access data received from logistik jobs GmbH confidentially, not to make it accessible to third parties and to inform logistik jobs GmbH immediately in the event of loss or suspicion of unauthorised use.
(6) logistik jobs GmbH is entitled at any time to delete candidate profiles without prior warning if a violation of the criteria specified under § 8 paragraph 1 ff. is discernible. The right to delete also applies to candidate profiles that have not been updated for a longer period (X > 3 years).
§ 9 Communication via the Internet portal
(1) The Internet portal offers the possibility of communication between the partners involved at various points. Communication must not insult, discriminate, threaten, sexually harass, stalk, harass or otherwise harass.
(2) Only the user responsible for communication shall be liable for violations of the conditions specified under § 9 paragraph 1.
§ 10 Confidentiality
(1) The contracting parties undertake to treat all information and data which they receive from the contracting party in connection with the execution of an advertising order as confidential and not to make it accessible to third parties. They shall also take all necessary measures to prevent third parties from gaining knowledge of and exploiting such information. Employees are to be bound to secrecy unless they are already required to do so under their employment contract.
(2) The obligation to maintain secrecy does not apply to information that is already public knowledge (generally known, considered to be state of the art, etc.) and is therefore no longer secret or protectable. If a development becomes apparent at a later date, the obligation shall therefore expire from this point in time.
(3) If one of the contracting parties recognizes that information requiring secrecy has come into the possession of a third party or could come into direct possession, he shall immediately inform the other contracting party thereof.
(4) The obligation of secrecy shall continue to apply even after termination of an order.
(5) The client of a job advertisement is hereby informed in accordance with § 33 paragraph 1 of the German Federal Data Protection Act that logistik jobs GmbH stores his personal data in machine-readable form and processes it automatically in accordance with the data protection guidelines.
§ 11 Warranty
(1) logistik jobs GmbH does not guarantee the accuracy of the information published in job advertisements and candidate profiles.
(2) logistik jobs GmbH only guarantees the best possible availability of the Internet portal in accordance with the usual technical standards. A warranty by logistik jobs GmbH is excluded in particular in cases where the services of logistik jobs GmbH are not available if software not suitable by the user, faulty settings in the user's software or faulty hardware is used.
(3) logistik jobs GmbH does not guarantee the availability of the Internet portal if the communication structure of the Internet is disturbed or disruptions occur in a participating online service.
(4) In the event of a longer breakdown (x > 24 hours within 30 days) of the Internet portal for which logistik jobs GmbH or third parties commissioned by it are responsible, the client of a job advertisement is entitled to an extension of the placement of his advertisement for the duration of the breakdown.
(5) If a job advertisement is incorrectly reproduced and logistik jobs GmbH is responsible for this, the client of the job advertisement is entitled to a faultless replacement job advertisement to the extent that the presentation of the faulty job advertisement has been reduced.
(6) If logistik jobs GmbH is unable to rectify existing display problems in a job advertisement, or if the correct display is delayed beyond a reasonable period of time for reasons for which logistik jobs GmbH is responsible, the client is entitled, at his own discretion, either to withdraw from the contract or to demand a reduction in the advertising price.
§ 12 Links
The Internet websites operated by logistik jobs GmbH contain links to other Internet websites over whose content logistik jobs GmbH has no control. The respective provider of the linked website is responsible for the content and accuracy of the information provided.
§ 13 Liability
(1) In case of intent and gross negligence, logistik jobs GmbH is liable on the basis of the statutory provisions.
(2) logistik jobs GmbH is liable for damages resulting from simple negligent breaches of essential contractual obligations (obligations the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely). In this case, however, the liability of logistik jobs GmbH is limited to compensation for the foreseeable damage. logistik jobs GmbH is liable without limitation for the absence of any warranted characteristics or in the case of express guarantees as well as in accordance with the Product Liability Act and for culpable injury to life, body or health.
(3) These liability regulations of logistik jobs GmbH apply accordingly for its representatives or vicarious agents.
(4) logistik jobs GmbH accepts no responsibility that the client receives a minimum number or minimum quality of applications for a published job offer.
(5) logistik jobs GmbH assumes no responsibility for the actual contact with an interested party in the case of a published candidate profile.
(6) logistik jobs GmbH is not liable for the correctness of the data published by logistik jobs GmbH in accordance with the instructions of clients and applicants, nor for the statements of fact contained therein.
§ 14 Final clauses
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance is Magdeburg / Germany.
(3) If the contractual partner is a merchant, a legal entity under public law, a special fund under public law or does not have a general place of jurisdiction in the Federal Republic of Germany, the Magdeburg Local Court or Magdeburg Regional Court shall be the exclusive place of jurisdiction for all disputes arising from a contractual relationship with logistik jobs GmbH.
(4) Collateral agreements, deletions, amendments and supplements to contracts must always be made in writing to be effective.
(5) Should one of the aforementioned provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall then be replaced by mutual agreement with a new clause that comes as close as possible to the economic intent of the invalid provision.