Our Terms of Service

General Terms and Conditions VPLT.JOBmarket

§ 1 Scope of application

  1. These Terms and Conditions shall apply to all services, including future services, of VPLT Service- und Verlags GmbH (hereinafter referred as “VPLT-S”) relating to the provision and provision of internet services. They govern the contractual relationship between the VPLT-S and the persons claiming their services (hereinafter referred as “users”).
  2. The employees of VPLT-S shall not be entitled to make any deviating agreements, collateral agreements, individual guarantees or assurances, unless they are expressly authorized to do so or by virtue of their organization, procuration or general action.
  3. As far as the VPLT-S provides the customer services of a third party in accordance with the contractual provisions, the terms and conditions of the third party shall also apply in addition to these services provided that the customer was able to obtain reasonable knowledge of these before the conclusion of the contract.
  4. VPLT-S’s fee-based service is directed exclusively to entrepreneurs within the meaning of § 14 BGB, ie natural or legal persons or legally qualified partnerships which act in the course of an industrial or independent activity. Only these are paid users in the sense of these terms and conditions.

 

§ 2 Change reservation – Change of package prices and Terms

  1. The VPLT-S is entitled to make price adjustments in the context of a permanent contract (use and service contract) insofar as these follow a change in the list prices generally applicable to customers of the VPLT-S with comparable contractual conditions and are appropriate. A price adjustment is appropriate if it is not disproportionate to the general price development for comparable products. This is presumed when it moves within the scope of the change in the price index published by the Federal Statistical Office for the life of all private households in Germany (base year 2010).
    The price adjustment shall take effect at the earliest two months after receipt of a corresponding declaration by the customer. If the price increases beyond the scope of the change in the price index for the life of all private households in Germany (base year 2010), the customer can terminate the contract within one month after receipt of the declaration with effect of the price change.
  2. In the case of a change in the general terms and conditions by VPLT-S applicable to a permanent contract, the respective new version shall be contractually agreed at the earliest two months after receipt of a corresponding declaration if VPLT-S notifies the customer of the changes in text form As well as a one-month deadline of the opposition after receipt of the relevant declaration and the customer does not object within one month after receipt of the relevant declaration. In the event of a contradiction, the contract shall continue unchanged. The right of the contractual partners to terminate the contract remains unaffected.

 

§ 3 Liability of the VPLT-S

  1. VPLT-S shall only be liable to the user for damage caused intentionally or through gross negligence. This does not apply if the essential obligations of the contract are violated by VPLT-S. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible at all and on whose compliance the contractual partner may regularly trust and trust.
  2. In the event of slight negligence, VPLT-S shall not be held responsible for damage to the assets, in particular consequential damage, unpredictable damages or untypical damages or lost profits.
  3. Liability of the VPLT-S – in particular a liability under product liability law as well as a statutory guarantee liability – which is not legally required by law – remains unaffected by the above liability limitations. The same applies to the liability of VPLT-S in case of culpable injury to life, body or health.
  4. Further information can be found in the imprint.

 

§ 4 Liability of the customer

  1. The customer guarantees that he is fully authorized to use the material, texts, pictures, graphics, etc. on the websites of the VPLT-S, and in this respect the contents are free of all third-party rights, including possible personality rights , are. In particular, the customer guarantees to have all copyright, performance, license, evaluation and GEMA rights required for publication, reproduction and public access.
  2. The customer shall indemnify VPLT-S from third-party claims arising from the exercise of the rights and powers conferred by the VPLT-S under the terms of this contract with regard to the materials provided by the customer. Reimbursable costs also include the reasonable costs of legal defense that the VPLT-S should incur in the defense of third-party claims. The VPLT-S will, however, immediately notify the customer of any legal defense measures to be taken. The VPLT-S may only conclude comparisons with third parties in the case of such disputes, only after consultation with the customer. Otherwise the VPLT-S bears all costs of the dispute itself.
  3. The customer is obliged immediately and completely to provide the VPLT-S with all information which is necessary for the examination of the claims and a defense in case of a claim by a third party.
  4. If the customer transmits messages via a password-protected web interface, he is responsible for the confidentiality of the user name and password (access data). He is responsible for the misuse of the access data.

§ 5 Secrecy, Data Protection

  1. The parties to the contract undertake to keep confidential all business secrets, which are known to them during the performance of the contract by the other contracting party, including such data which are subject to a professional secrecy obligation by the other contracting party.
  2. The customer’s data required for the business transaction are stored electronically. VPLT-S is committed to observing the legal provisions on data protection, in particular the Federal Data Protection Act (BDSG) and the Telemediengesetz (TMG). The VPLT-S provides further information on this in a separate data protection declaration.

§ 6 Performance or / and billing by third parties

  1. VPLT-S is entitled to provide the contractual services by third parties, in particular through its affiliates. In this case, the General Terms and Conditions of the third party providing the service shall apply in addition to these terms and conditions.
  2. VPLT-S is entitled to assign any claims arising out of this contract to third parties, in particular to affiliates, or to authorize third parties to assert them in their own name.
  3. The customer is prohibited from setting off his own claims against the VPLT-S insofar as these claims are not acknowledged or have been legally established.

 

§ 7 Other

  1. The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
  2. If the customer is a merchant, a legal person of public law or a public-law fund pursuant to § 38 ZPO, or the customer relies on his domicile, place of habit or domicile abroad or is not known after conclusion of the contract, The seat of the VPLT-S.
  3. The place of fulfillment for all rights and obligations from this contract is, unless otherwise specified, Hanover.
  4. Termination, setting deadline with refusal to give notice and warning must be in writing.
  5. The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), which is available at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in the imprint.
    We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer-enforcement agency.
  6. The invalidity or invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
  7. The VPLT-S provides the contractual obligations between 0:00 o’clock and 24:00 o’clock 365 or 366 days a year. The VPLT-S guarantees a availability of your offer of 98% on the annual average. Exceptions are times during which the server of the VPLT-S or the commissioned order data processing, due to technical or other problems which are not within the sphere of influence of the VPLT-S (force majeure, fault of third parties etc.) is not to be reached.

 

B. Specific provisions – VPLT.JOBmarket

 

§ 1 Subject matter of the contract

  1. VPLT.JOBmarket is a service and product and brand of VPLT-S. The object of the VPLT.JOBmarket is mainly the digital distribution and application of job offers in the media and event industry.
  2. In addition, a customer of the VPLT.JOBmarket may also book additional services (packages) in order to use their additional functions with the respectively defined services.

 

§ 2 Transferability / Due Date

  1. Orders or orders placed by the Customer are not transferable and can only be used by the Beneficiary within the order period. The recipient of the service is the user or the company that makes the order. If a different performance recipient is to be determined, this can be indicated with the order.
  2. Messages and publications must relate to the recipient of the content and be discontinued by the beneficiary. It is inadmissible to discontinue job advertisements in their own account for third parties, for example other companies or institutions.
  3. Customer’s claims against VPLT-S may be transferred to a third party, provided that the underlying legal transaction is a commercial transaction for both parties.
  4. All prices are in Euro plus the statutory VAT.
  5. The fees for the use of the services of the VPLT.JOBmarket are due immediately after booking for the entire term. Invoicing is made for all booked services at the beginning of the agreed (minimum) term. The fees are due within 10 days after receipt of the invoice.

 

§ 3 Publication of job vacancies

  1. The job advertisements are provided by the customer in digital form.
  2. Job advertisements to be published via VPLT.JOBmarket must have a current and correct content.
  3. The customer enters the job advertisements in the system of VPLT.JOBmarket and carries out a categorization.
  4. The respective user is solely responsible for the content of the messages (including texts, pictures, graphics and links) that are made accessible or distributed by VPLT.JOBmarket.
  5. It is forbidden to make or disseminate content via VPLT.JOBmarket if and insofar as this is contrary to legal regulations, third-party rights or good morals.
  6. VPLT.JOBmarket may not publish job advertisements in the following other cases:• Job vacancies that conflict with the law in the respective country of employment
    • Job vacancies which, in kind or extent, are not considered to be meaningful
    • Job advertisements that have racist or defamatory content or, in other forms, violate the personality rights of third parties
    About
  7. The VPLT-S is entitled to delete messages which violate the regulations of B.3.5 and B.3.6. In addition, VPLT-S reserves the following rights:• Structural changes (for example, inserting paragraphs)
    • To supplement job vacancies with other suitable categories
  8. In addition, the VPLT-S shall be entitled to remove messages without justification from the system in special cases, if this is deemed necessary, taking into account the interests of the customer and the VPLT-S.

 

§ 4 Product “FREE”

1. Within the framework of the product “FREE”, the customer has the possibility to publish an unlimited number of vacancies within a certain period of time. The duration of a vacancy notice is up to 14 days. These entries are free.
2. The contracts of the “FREE” product have a term of 12 months and extend automatically at the end of the term on the same terms, unless a termination occurs 30 days before the end of the term. Decisive for the timeliness of the termination is the access of the declaration to VPLT-S.
§ 5 Product “STANDARD” (IN PLANNING)
1. Within the framework of the product “STANDARD”, the customer has the possibility to publish 3 job advertisements within a certain period of time. In addition, 3 job advertisements will be highlighted as part of the publication under VPLT.JOBmarket (featured job). The duration of a vacancy notice is up to 30 days.
3. The minimum duration of contracts for this product is generally 12 months. The specific contract term is defined by the customer when booking this product.
4. The contracts of the variant “STANDARD” are automatically extended by the end of the term, at the same terms, by the respective agreed period, unless a termination takes place 30 days before the end of the term. Decisive for the timeliness of the termination is the access of the declaration to VPLT-S.
5. By way of derogation from § 5.2 + 5.3 the contract expires automatically if 3 advertisements have been set and the maximum period of publication (30 days) has been made for all job advertisements.

§ 5 Product “STANDARD” (IN PLANNING)

1. Within the framework of the product “STANDARD”, the customer has the possibility to publish 3 job advertisements within a certain period of time. In addition, 3 job advertisements will be highlighted as part of the publication under VPLT.JOBmarket (featured job). The duration of a vacancy notice is up to 30 days.
3. The minimum duration of contracts for this product is generally 12 months. The specific contract term is defined by the customer when booking this product.
4. The contracts of the variant “STANDARD” are automatically extended by the end of the term, at the same terms, by the respective agreed period, unless a termination takes place 30 days before the end of the term. Decisive for the timeliness of the termination is the access of the declaration to VPLT-S.
5. By way of derogation from § 5.2 + 5.3 the contract expires automatically if 3 advertisements have been set and the maximum period of publication (30 days) has been made for all job advertisements.

 

§ 6 Product group “PRO” (IN PLANNING)

1. Within the scope of the product “PRO”, the customer has the possibility to publish an unlimited number of job advertisements within a certain period of time. In addition, 3 job advertisements will be highlighted as part of the publication under VPLT.JOBmarket (featured job). The duration of a vacancy notice is up to 90 days.
3. The minimum duration of contracts for this product is generally 12 months. The specific contract term is defined by the customer when booking this product.
4. The contracts of the variant “PRO” are automatically extended by the end of the term, at the same terms, by the respective agreed period, unless a termination takes place 30 days before the end of the term. Decisive for the timeliness of the termination is the access of the declaration to VPLT-S.
5. After an extended renewal, the user will be awarded 3 highlighted job advertisements for a further 12 months (featured job).

 

§ 7 Additional services and services

Beyond the established packages, the VPLT-S offers further services and service offers, such as banner advertising. Due to the individuality of the respective service offers and orders, their terms regarding terms of payment and payment are determined separately

 

Langenhagen, Stand: 30.03.2017