General Terms and Conditions (AGB)

1. scope of application

1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Career Pioneer GmbH & Co KG, Luisenstr. 24, 65185 Wiesbaden (hereinafter “CP”) and customers who commission job advertisements from CP, purchase services in the context of events, make use of services in the area of personnel consulting, recruitment and placement or employer branding, or commission other services intended for employers from CP (hereinafter “order”). Customers may be entrepreneurs within the meaning of Section 14 BGB, merchants within the meaning of Section 1 HGB and legal entities under private or public law.

1.2. CP operates, among other things, its own industry-specific job markets in print or online media and markets job markets and other offers in print and online media of third parties in its own name and for its own account. These third parties are hereinafter referred to as “Partners”.

1.3. General contractual terms and conditions of the customer, in particular terms and conditions of purchase, are hereby rejected. They shall only become part of the contract if CP has expressly agreed to their validity.

2. Conclusion of contract; scope of services

2.1. The customer’s order constitutes a binding offer by the customer that CP may accept or reject without giving reasons. A contract is only concluded when CP sends the customer an order confirmation or invoice, but at the latest when CP begins to execute the order.

2.2. The scope of services to be provided by CP as part of an order depends on the agreement in the individual case or on the service package selected by the customer when placing the order.

2.3. The customer’s claims arising from the order are not transferable to third parties and are not assignable; services may only be used for the customer’s own purposes.

2.4. The customer undertakes to provide all information, data and documents necessary or appropriate for the provision of services by CP and to perform other necessary or appropriate acts of cooperation. As long as the customer does not or does not properly fulfill these obligations to cooperate, agreed performance periods shall be extended appropriately and CP shall not be in default. If CP incurs additional expenses as a result of these delays, these shall be remunerated additionally at the usual hourly rates.

2.5. Competition protection shall not be granted to the customer by CP.

3. Contingent contracts

3.1. If the agreement between the customer and CP includes a certain number of identical services to be provided on demand by the customer (“contingent”), in particular a contingent for the publication of job advertisements, the provisions of this section 3 shall apply in addition.

3.2. Services shall be provided by CP on demand at the next possible time, taking into account current availability and feasibility. There is no entitlement to immediate or short-term provision of services.

3.3. Unless expressly agreed otherwise, the quota may only be used by the customer itself and exclusively for the customer’s own purposes. The contingent may not be transferred to third parties, either in whole or in part, or used for or by third parties.

3.4. The contingent must be used up by the customer within 12 months of conclusion of the contract. Thereafter, the customer shall no longer be entitled to redeem the remaining quota.

3.5. The pro rata reimbursement of any unused or no longer required portion of the quota shall be excluded.

4. Prices; payment

4.1. The remuneration for the service to be provided by CP shall be determined in accordance with the specific agreements between the parties in each individual case. If the customer submits the order via an internet offer from CP, the prices for individual orders or for the purchase of contingents stated during the ordering process shall apply.

4.2. The remuneration shall be exclusive of statutory VAT, unless expressly stated otherwise in the offer.

4.3. Unless another method of payment has been expressly agreed, payment shall be made on account. CP is entitled to issue invoices immediately after conclusion of the contract. CP is also permitted to send invoices by email. Invoices shall be due for payment without deduction within 30 days of receipt.

4.4.CP shall be entitled to demand advance payment from the customer. If the customer is in default of payment, CP is entitled to suspend services or parts thereof until full payment has been made. This shall not apply if the customer has a right of retention with regard to payment.

5. Job advertisements

5.1. If the order includes the publication of the customer’s job advertisements in print and/or online job markets (hereinafter collectively referred to as “job markets”), the provisions of this section 5 shall apply in addition.

5.2 In this case, CP shall provide the customer with advertising space for the publication of job advertisements in the job markets operated by CP or job markets marketed by CP in the media of its partners. The job advertisements shall be published there on behalf of the customer.

5.3. Further services in connection with the job advertisement shall be based on the agreements in the individual case. If agreed, further services may include, for example, the display of the job advertisement in newsletters and social media offerings of CP or its partners or other third parties, as well as measures to increase the visibility of a job advertisement in the job markets.

5.4. Job advertisements and associated services (social media post, etc.) are published in the standardized form specified by CP (“templates”), unless expressly agreed otherwise. CP reserves the right to adapt the templates and their display within the job markets (including categorization and rubrication) at any time and at its own discretion, in particular to make the design of the job markets more up-to-date, to adapt them to technical developments or to improve user-friendliness.

5.5. Unless otherwise agreed, the content of the job advertisements must be entered by the customer itself via a standardized input form on the CP website.

5.6. Unless otherwise agreed, a single job advertisement may only advertise a single position to be filled by one person of the customer.

5.7. Only content that serves recruiting purposes may be published as a job advertisement. The publication of irrelevant content, in particular competitions or pure advertising with no connection to recruiting, is not permitted. The publication of content that serves the recruiting purposes of third parties is also prohibited, unless otherwise expressly agreed between the parties.

5.8. CP is entitled to refuse or discontinue the provision of services if it turns out that the content provided by the customer does not meet the requirements of Section 5.6 or Section 5.7 or violates these GTC or other provisions of the contract between the customer and CP.

6. Candidate databases

6.1. If the customer’s order includes access to one of CP’s industry-specific databases in which profiles of candidates interested in job offers are stored (hereinafter “candidate database”), the provisions of this Section 6 shall apply in addition.

6.2. Access to the candidate database shall be limited in time in accordance with the respective agreement. The Client shall only be granted access to the candidate database in its current version during this period; after expiry, it shall no longer be possible to access the profiles in the database or to use the database in any other way.

6.3. The Client undertakes to contact candidates contained in the database exclusively for its own recruiting purposes and only in the event of serious interest. The use of the applicant database for other, irrelevant purposes, the contacting of candidates for third parties and the forwarding of contact data obtained via the applicant database to third parties is expressly prohibited. CP reserves the right to completely block access to the applicant database at any time in the event of misuse; further claims, in particular claims for damages, are expressly reserved.

6.4. Insofar as the applicant database enables direct communication between the customer and candidates, the customer must ensure that its communication complies with all legal requirements and that it fulfills legal justification and other obligations. Sections 5.6 to 5.8 shall apply accordingly to the client’s access to and communication via the candidate database.

7. Events

7.1. If the client’s order includes participation in recruiting, networking and other events organized by CP (hereinafter collectively referred to as “Events”), the provisions of this Section 7 shall apply in addition.

7.2 CP shall be entitled to postpone or cancel the Events in terms of location and/or time if there are justified reasons (economic, organizational or other) for doing so. This applies in particular if it is not possible to hold the event on the planned day or at the planned location or not in the planned form due to official or legal restrictions (e.g. in connection with the Covid-19 pandemic). The customer will be informed of any changes as soon as possible. In the event of a change of location and/or time, the customer is entitled to refrain from participating in the event if participation is no longer reasonable due to the postponement. If the customer accordingly refrains from participating or if the event is canceled in full by CP, the customer will be reimbursed for the remuneration attributable to participation in the event, provided that services have not already been rendered by CP. In the event of postponement or cancellation, claims by the customer for reimbursement of expenses already incurred or for compensation for other damages are excluded.

7.3. If the services selected by the customer include an information or exhibition stand (hereinafter “stand”) at the event venue, CP will allocate the stand taking into account demand, available exhibition space, technical requirements and conceptual concerns. Placement requests by the customer will be taken into account wherever possible. The organizer shall be entitled to change the stand location at short notice if urgent reasons make this necessary.

7.4. Unless expressly agreed otherwise, the stand space shall be provided unfurnished and without any equipment. The customer’s structures and furniture as well as equipment, exhibits, advertising media, etc. on the stand area must be erected in such a stable manner that public safety and order, in particular life and health, are not endangered. The customer shall bear sole responsibility for the stand erected on the stand space, shall ensure compliance with statutory or official requirements and, if and insofar as necessary, shall obtain official permits itself.

7.5. The stand and other agreed activities and services at the event location may only be used for the customer’s own purposes, in particular for the customer’s own recruiting measures and to promote the customer as an employer. The use of the stand area or other services for purposes unrelated to the customer or for the purposes of third parties is not permitted.

7.6. If CP uses event-specific terms and conditions in addition to these GTC, these shall take precedence over these GTC.

8. Employer branding

8.1. If the customer’s order includes services in the area of employer branding (e.g. consulting services, strategy development, content creation, measures for strategy implementation, etc.), the provisions of this section 8 shall apply in addition.

8.2. The customer undertakes to closely accompany the provision of services by CP with suitable contact persons and to be available for a regular exchange to the extent necessary.

8.3.(e.g. advertisements / advertorials, advertising materials, videos, podcasts) and measures to implement the employer branding strategy (e.g. publication of content in offers from CP or third parties) are only covered by the order and the agreed remuneration if this was expressly agreed. Otherwise, a separate order and remuneration is required for this. If content is also to be published in media and other third-party offers, the customer may be required to commission these third parties separately.

8.4. CP shall grant the customer rights of use to the content created by CP to the extent necessary for the use / strategy implementation agreed between the parties.

8.5. The publication of the content and other measures for the implementation of an employer branding strategy shall be carried out by CP on behalf of the customer. It is the customer’s responsibility to check whether all content created by CP as part of the content creation and other content intended for publication meets all legal / statutory requirements (including mandatory information applicable to the customer) before releasing it for publication. CP is not obliged to carry out a check.

9. Copyright and other intellectual property rights; legality of content

9.1. The customer shall ensure that all content (texts, graphics, logos/brands, fonts, images, videos, etc.) transmitted to CP (by whatever means) that is intended for use within the scope of the content creation process is protected by copyright.the customer shall ensure that all content (texts, graphics, logos/brands, fonts, images, videos, etc.) transmitted to CP (by whatever means) that is intended for use in the context of the provision of services by CP is free from third-party rights and guarantees that it has all the necessary rights for its transmission to and use by CP and CP’s service providers and partners. This also applies in particular to the content of job advertisements and other advertisements transmitted by the customer. The customer shall inform CP of any necessary copyright and other proprietary rights notices upon transmission.

9.2. The customer authorizes CP to use all transmitted content within the scope of the performance of the contract, in particular to publish it in print and/or online media for the performance of the contract. CP shall also be entitled to transfer the rights of use granted to third parties, in particular to partners and service providers who are involved by CP in the performance of the contract.

9.3. The customer shall bear sole responsibility for ensuring that the content provided by it (in particular job advertisements and other advertisements) complies with all competition, press, data protection and other statutory and regulatory requirements, does not offend common decency and does not infringe the rights of third parties.

9.4. The customer shall indemnify CP and CP’s service providers and partners on first demand against all damages arising from non-compliance with the provisions in sections 9.1 to 9.3. This also includes the reasonable costs of legal defense.

9.5. CP is entitled to use the customer’s logo for reference purposes. The customer may object to such use at any time for the future.

9.6. Copyrights and other intellectual property rights to the results of CP’s services and the documents and information provided by CP shall remain exclusively with CP or the respective rights holders. No rights shall be transferred to the customer unless otherwise expressly agreed or regulated for specific constellations in these GTC.

10. Accessibility; access data

10.1. CP shall make reasonable efforts to ensure that online job markets and other services made accessible via the Internet operate as uninterruptedly as possible. However, it cannot be ruled out that temporary service interruptions may occur due to technical faults or maintenance work.

10.2. Unless expressly agreed otherwise, access to CP’s online services shall be granted to the customer on a personal basis for one user at a time. The customer shall ensure that it stores the access data used for access, in particular passwords, securely and protects them appropriately against access by third parties. The disclosure of access data to third parties, in particular to enable third parties to use CP’s services, is prohibited. CP reserves the right to take technical measures to detect any misuse of access data and access points. CP also reserves the right to immediately block the customer’s access in the event of misuse and to claim compensation from the customer for any damages incurred as a result of the misuse.

11 Warranty; limitation period

11.1 The customer must inspect CP’s services immediately after they have been provided and report any defects without delay. If this is not done, the service shall be deemed to have been provided free of defects.

11.2. If there is only an insignificant deviation from the agreed quality or only an insignificant impairment of the usability of the service, this shall not constitute a defect.

11.3. Unless expressly agreed otherwise, CP shall only owe the provision of the agreed services, but not the occurrence of a specific success, the achievement of the objectives pursued by the customer with the order or the expectations associated with the order, in particular with regard to the success of job advertisements (e.g. in terms of reach, staffing).

11.4. Insofar as CP’s marketing documents or the order specify a certain reach (number of recipients of newsletters, circulation figures, followers of social media profiles, event visitors, etc.), this shall be understood to mean the average, maximum potential reach. It is not an assurance or guarantee that a corresponding reach will actually be achieved. Accordingly, deviations do not constitute a defect that leads to warranty claims by the customer.

11.5. If there is a defect, CP is initially entitled to rectify it through subsequent performance. Only if this fails twice can the customer assert any existing statutory claims for reduction or withdrawal.

11.6. All warranty claims of the customer shall expire within one year from the date on which the customer becomes aware of the defect or should have become aware of it with due care.

12. Liability of CP

12.1. CP shall be liable in the event of intent and gross negligence for compensation for the damage incurred by the customer.

12.2. In addition to Section 12.1, CP shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and contract-typical damage. Otherwise, CP’s liability is excluded.

12.3. The above limitation of liability in accordance with sections 12.1 and 12.2 excludes damages based on injury to life, limb or health or where liability arises from the Product Liability Act.

13. Other provisions

13.1. CP shall be entitled to use third parties to perform the services and to have the contractual services performed in whole or in part by third parties.

13.2. CP shall be entitled to transfer the contract in whole or in part to other companies of the dfv Mediengruppe, i.e. Deutscher Fachverlag GmbH as well as to companies affiliated with it within the meaning of Sections 15 et seq. AktG (German Stock Corporation Act). Otherwise, any transfer shall require the consent of both parties.

13.3. Amendments and additions to the contract must be made in writing. This also applies to any amendment to this written form requirement.

13.4. The contract and its conclusion, like the entire legal relationship between the parties, are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law.

13.5. The exclusive place of jurisdiction is Wiesbaden, Germany.

As at: 10.02.2023