General Terms and Conditions for openjobcenter.com
All proposals of AgProp GmbH, Danziger Strasse 164, 10407 Berlin (later referred to as “AgProp”), are based on the following general terms and conditions (later referred to as “GTC”). These GTC are the basis of all proposals and agreements regarding openjobcenter.com. With the act of a successful announcement release, the employee searching entrepreneur (later referred to as “entrepreneur”) agrees to the GTC for the complete business relation duration with AgProp.
II. Subject of agreement
On www.openjobcenter.com, AgProp operates a gratis online platform for the sake of job mediation. Entrepreneurs have the opportunity to publish gratis vacancies for job seekers. Interested seekers can search on the website for appropriate vacancies and have the opportunity to apply.
III. Specific condition regarding the publishing of announcements
Entrepreneur commit itself to publish as detailed job descriptions and application requirements as possible for each announcement.
IV. Release and deletion of announcements
For the use of openjobcenter.com, the entrepreneur has to agree to the GTC currently in force. By publishing an announcement, entrepreneur declares to have read, understood und accepted the GTC.
Only persons of full age are allowed to use the platform on behalf of entrepreneur. After publishing an announcement, entrepreneur receives a confirmation email within a narrow time frame. The announcement will be finally published, when it has been varified by openobcenter.com. The deletion of an announcement requires an email from entrepreneur send to email@example.com.
V. Contract closing and duration
The costless licence agreement between openjobcenter.com and entrepreneur over duration of publishing comes about the received entrepreneur’s announcement. By sending the order confirmation, openjobcenter.com honours entrepreneur’s offer for completion of the licence agreement.
VI. Further duties of entrepreneur / platform usage
The entrepreneur’s representative declares that all data and content which has been submitted by him or her in order to create an announcement are veridical, current, available and complete.
Entrepreneur commits to refrain any procedures which harm or try to harm the system and the network security (e.g. to gain unauthorised access or to implant a virus or crawler) and also all other actions which could endanger the platform‘s performance and availability.
Entrepreneur furthermore commits to refrain any possible activities which are suited to damage the reputation of openjobcenter.com. In case of violation and infringements of one of the former duties, AgProp reserves the exercise of damage claims.
Openjobcenter.com reserves to not publish or to remove already published announcements when the content of the same violates against the law, administrative restraints, third-party rights, morality or the GTC of openjobcenter.com. If openjobcenter.com is held liable due to illegitimate content or other contraventions of a law which are accounted for by the customer, the customer keeps openjobcenter.com respectively AgProp indemnified against all liability. This indemnification encompasses all needed prosecution expenditures.
Entrepreneur commits to refrain any exploitation which exceeds the purpose of the licence agreement. Especially every type of automatized platform detection and database scanning particularly for the purpose of publishing in other media contexts and any further commercial exploitation of the platform and its search results are to be omitted.
The use of the platform by enterprises which compete with openjobcenter.com is invalid without a written permission.
By the completion of the licence agreement, entrepreneur grants openjobcenter.com the right to name it as “reference entrepreneurs” toward third-parties for promotion purposes in transmedia context and especially on the platform itself for the whole agreement’s duration. Entrepreneur has to possibility to deny this permission at any time by writing.
VII. Contentual responsibility of entrepreneur
Entrepreneur is held responsible in legal extent for the liability of the content it publishes or provides for publishing (especially in context of “reference mentioning” and promotion) and for the implementation of hyperlinks.
Entrepreneur ensures that none of these contents violate applicable law, especially not criminal law, competition law, copyright law, trademark law or other labelling and personal rights and that they do not contain third-party rights.
Openjobcenter.com reserves to deny and/or delete contents which have been submitted by entrepreneur if these violate applicable law and/or morality. Anyway, a reviewing duty of openjobcenter.com regarding contents which have been submitted by entrepreneur does not exist. Openjobcenter.com does not adopt these external contents and precludes any liability.
In the case of violations, entrepreneur commits to eliminate any contempt immediately and to reimburse openjobcenter.com for any damages.
Entrepreneur keeps openjobcenter.com indemnified against first claims by third-parties which base on the violation of any duties against openjobcenter.com.
VIII. Immaterial property rights
All openjobcenter.com outputs and information including the platform itself and its composition are liable to the copyright of openjobcenter.com. The only exceptions are contents which have been created by entrepreneur or third-parties and been taken over for publishing by openjobcenter.com without any alteration. The rights of entrepreneur are restricted to submission and processing request in accordance with the contractual use.
Entrepreneur grants openjobcenter.com a non-exclusive, gratuitous and worldwide right of use for each content over the duration of the licence agreement. The right of use encompasses in particular the right to reproduce, edit, distribute and send the contents or alterations of the contests and to make them publicly accessible as part of databases for each not explicitly excluded purpose.
Entrepreneur confirms by the completion of the licence agreement that it has acquired full copyright, neighbouring and further rights for the submitted contents respectively that it can be used by it without restrictions.
IX. Operation and content of the platform
Entrepreneur merely obtains the possibility to interact with the platform. Openjobcenter.com does not held responsible for the validity of the content and data which have been submitted by entrepreneur’s representatives. Openjobcenter.com does not participate in communication between the involved parties.
Openjobcenter.com does not warranty the actual identity of applicants or other enterprises and/or the validity, actuality, legality, completeness and availability of information made by them.
No guarantee will be given by openjobcenter.com as regards to the qualifications stated by the applicants or the correctness, completeness, actuality and availability of the job offers submitted by entrepreneurs’ representatives.
Openjobcenter.com endeavours to maintain the operation of the platform as unimpeded as possible. Nevertheless, openjobcenter.com is not obliged to guarantee an anytime availability. A warranty for the availability and freedom from defects is thus not provided. Availability interferences, especially due to maintenance operations, technical defects or damages caused by viruses, Trojans and the more, are to be accepted by entrepreneur.
Openjobcenter.com is always entitled to alter or limit contents of the platform or to cease services of the platform respectively the platform itself. In this case, entrepreneur is to be informed via email. A change of similar type does not require a special justification.
Openjobcenter.com guarantees a service delivery in accordance with the usual standards. Entrepreneur commits to seasonably supply openjobcenter.com with all necessary and appropriate information which are required in order to reach the aims which have been described in the licence agreement.
For any openjobcenter.com’s liability that may arise regarding given warranties, those warranties have to be explicitly declared as such to be warranties in the legal sense. Claims based on the product liability law remain unaffected.
If entrepreneur and applicant conclude a contract with each other, openjobcenter.com is not involved in and consequently is no affiliate. An accountability of openjobcenter.com in context contractual relationships between applicants and representatives of entrepreneur is precluded.
Openjobcenter.com neither safeguards that entrepreneur receives requests or responses regarding a job offer published on the platform nor that any requests and/or responses are initiated in a given time.
Openjobcenter.com assumes no liability for a successful applicants’ placement, especially not for a successful placement within a definite time, neither in relation to applicant nor in relation to entrepreneur.
Furthermore, openjobcenter.com assumes no liability for the excellence or qualification of the placed applicants’ working performance. Accountability for possible absenteeism, insufficient working performance, nonattendance or for other reasons is precluded.
Mendacious respectively incomplete particulars by placed applicants or by entrepreneur towards openjobcenter.com preclude a liability of openjobcenter.com. The validation of the information provided by applicants applies solely to entrepreneur.
XII. Non-disclosure and privacy protection
Our approach to privacy protection
We take the protection of personal data particular seriously and thus, commit us to respect the privacy and personal integrity of all parties using this website. We assure that our handling of the website users’ personal data comply with actual regulations for the protection of personal data and especially with the Federal Data Protection Act (BDSG) of Germany and the German Teleservices Act (TMG).
Any data of individuals and enterprises which publish announcements on openjobcenter.com are highly sensitive. Thus, these data are solely to be archived, used and published within the frame of data protection acts in question.
Cookies are minute data which are stored on the visitor's computer when he/she visits our website. Cookies simplify browsing our website and help to re-identify you during your next visit. They help us to cater the content of our website even better for your needs. Our cookies do not contain personal data about you but solely an index which has no meaning beyond our online service. By the way, cookies are not able to harm the visitor's computer system. If you do not want to use the advantage of cookies you can de- and afterwards also reactivate them by an easy procedure within your browser.
Use of Facebook Social Plugins
Our internet presence uses Social Plugins (hereafter referred to as "plugins") of the social networking website Facebook (hereafter solely referred to as "Facebook"). Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins are marked with a Facebook logo or the adjunct "Facebook Social Plugin". When you open a website of our internet presence which contains such a plugin, your web browser creates a direct connection with the servers of Facebook. The plugin's content is directly transmitted to your web browser by Facebook and integrated in the website by the same.
By the implementation of the plugin, Facebook obtains the information that you have visited our website. If your are logged in into your Facebook account, Facebook is able to interconnect these data. If you interact with the plugin, e.g. by clicking the "like" button or writing a comment, the particular information is immediatly transmitted to Facebook and stored on its servers.
Purpose and scope of the data collection and the following processing and usage of these data by Facebook as well as your rights regarding these practices and setting options for your privacy protection can be learned from Facebook's privacy note. If you do not want to be tracked by Facebook when using our website, you have to be logged off from Facebook.
Use of Google Analytics and Google AdWords
The Google tracking codes of this website use the function _anonymizeIp(). Therefore, IP addresses are solely processed shortened to preclude a personal identification. This hold true for member states of the European Union or other contracting states of the European Economic Area. Just in exceptional cases, whole IP addresses are transmitted to the US servers of Google and shortened there.
The IP address which has been transmitted by your browser in context of Google Analytics is not to be merged with other Google data.
On behalf of openjobcenter.com, Google uses these data to analyse your using behaviour on openjobcenter.com, to compile reports about the website activities and to perform further services for openjobcenter.com in context of the website and internet usage. These include especially functionalities for display advertising, reports about impressions within the Google display network, the integration of DoubleClick Campaign Manager and Google Analytics reports about the performance according to demographic criteria and interest among others. As appropriate, Google will transmit these data to third-parties respectively use user data provided by third-parties.
You can prevent the storage of cookies by respective settings of your browser software. However, we advert to the possibility that not all functionalities of the website can be used to their full extent in this case.
You can object the collection of data regarding your website usage gathered by the cookie (including your IP address) and the processing of these data by Google with using a Google browser plugin. For this purpose, you have to download and install the browser plugin provided under the stated link. For the sake of a permanent objection, however, your browser has to accept cookies.
Further information regarding the terms of service and the data protection are to be found under: http://www.google.com/analytics/terms/de.html.
XIII. Alteration of terms and conditions
Alterations of these GTC which are not solely inherited by a rise of the VAT are communicated to entrepreneur by letter or e-mail by openjobcenter.de at least four weeks prior to its coming into force. A special right of cancellation is due to entrepreneur with the alteration's effective date. If entrepreneur does not cancel the agreement within four weeks upon the receipt of the notice of change by letter, all alterations transform into components of the contract by coming into force. Entrepreneur will be adverted to these consequences separately.
These GTC and the law of the Federal Republic of Germany (BRD) under exclusion of the United Nations Convention on Contracts for the International Sale of Goods apply to the legal relationship between entrepreneur and openjobcenter.com and all litigations in context of the platform's use.
Place of jurisdication is Berlin.
Place of fulfilment is Berlin.
Side agreements, alterations and appendixes or other impartations require the written form to be valid as long as nothing else is stipulated within these GTC; this applies also to the waiver of the requirement of written form.
If a provision of these GTC is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this GTC.