General Terms and Conditions of Business (GTC) for Private Individuals
As of: July 2020
General terms and conditions of stellenwerk, the job portal of the University of Hamburg Marketing GmbH and the cooperating universities.
1. Scope of application
These terms and conditions apply exclusively to private advertisements, i.e. advertisements which are placed by private individuals (hereinafter referred to as "advertiser(s)") in the legal sense, as well as to the advertising of voluntary activities. For commercial advertisements by companies, the general terms and conditions of stellenwerk apply, which can be found under the following link.
The contents of this website are protected by copyright. The content of this site may not be reproduced in any form or processed, copied or distributed using electronic systems without the express written permission of the operator.
3. Purpose / performance of the job portal stellenwerk
The aim and purpose of the job portal stellenwerk is to offer advertisers a possibility to publish job offers on the stellenwerk job portals. In addition, stellenwerk-Hamburg offers advertisers the opportunity to offer voluntary work and to advertise it in the category "Private job advertisements - Voluntary applications". In addition, private individuals, associations and non-profit organisations can advertise purely voluntary positions in the category "Private advertisements - Voluntary commitment".
The publication of the above-mentioned advertisements is free of charge.
With the portal stellenwerk, the operator only provides the possibility of placing job advertisements and does not assume any mediating activity. The contact between the advertiser and the interested parties is exclusively via the contact data provided by the advertiser.
4. Conclusion of contract
The advertiser submits a binding application to place an advertisement on the stellenwerk job portal by clicking on the "Place advertisement" button at the end of the booking process. The application can only be submitted and transmitted if the advertiser has accepted these contractual terms and conditions by placing a check mark next to the text field "GTC" and thereby included them in his application. The operator will then send the advertiser an automatic booking confirmation by e-mail, which documents the receipt of the application, but does not constitute a declaration of acceptance. The acceptance of the operator and thus the conclusion of the contract is rather only achieved by the activation of the advertisement on publication in the job portal stellenwerk.
With his booking, the advertiser confirms that he is entitled to place the advertised position on the stellenwerk job portals and that the advertised position exists and is to be filled.
As far as advertisements for honorary activities contain links to the advertised position, they have to be designed in a way that they refer to the concretely advertised position and not to general application pages of the advertiser. Links to external job exchanges / voluntary work exchanges are not permitted and will be deleted.
5. Rights and duties of the advertisers
The advertiser places the job advertisement in the specified format independently using the online form. The ad appears as shown in the preview. It is not possible to change the default layout.
The advertiser ensures a smooth incoming mail flow for e-mails from the operator, if necessary by setting up the operator as a "trusted server".
The following regulations apply to all advertisements that are not advertised as voluntary and therefore free of charge. By placing an advertisement, the advertiser undertakes to pay the minimum legal minimum wage applicable at the time of booking. For jobs involving heavy physical labour, the stellenwerk minimum remuneration guideline of at least 10.00 Euro per hour applies. Any unpaid trial work on the part of the applicant is inadmissible. In addition, the advertiser assures that the contents of the job advertisement refer to a vacant 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 structural sales (§ 16 UWG) is not permitted.
Transfer of rights
The advertiser grants operator all rights to use the content of the advertisement placed under the terms of the contract and expressly assures operator that he/she is free to dispose of all rights granted to operator with the placement of the advertisement, that he/she is entitled to the rights without restriction and that he/she has not made any disposition of any kind whatsoever with regard to them that would prevent a transfer of rights to operator in accordance with this contract and expressly and fully releases operator from all claims of third parties due to the contractual use of the rights.
6. Rights and obligations of the operator
The operator publishes the job advertisements on the job portal stellenwerk. There is a maximum of two working days between the entry of the advertisement in the online form and its activation on the website of the job portal stellenwerk. The respective advertisement remains visible on the job portal stellenwerk for 30 days from the time of its publication. After this period, the advertisement will be deactivated automatically. An early deactivation of the advertisement at the request of the advertiser is possible and can be carried out by the advertiser directly via the link in the confirmation e-mail.
The operator reserves the right not to accept applications for the placement of an advertisement by the customer or only for individual stellenwerk portals, i.e. not to publish the advertisement without giving reasons or only at individual stellenwerk locations. Exceptionally, the operator is also entitled to subsequently delete advertisements for important reasons, especially if the contents to be published violate legal requirements, official prohibitions, rights of third parties, morality or these GTC. In addition, Section 7 applies to the liability of the operator.
The operator does not guarantee that the provision of the job portal stellenwerk will be uninterrupted. In particular, short-term maintenance work on the site or changes in the presentation of the advertisements do not constitute a change in the user relationship.
The operator has the right to enter into cooperations with other suitable media (including online, offline, TV, mobile and moving image products as well as new types of use) in order to optimise feedback on the advertisements placed. In all cooperations, the Operator shall ensure that the reference to the target group is maintained; likewise, cooperation partners shall be carefully selected, taking into account the image and quality of the cooperation partner. The advertiser agrees that his job advertisement(s) may be published in the aforementioned media formats by the operator's cooperation partners without special consultation or announcement by the operator. In order to ensure user-friendly readability on all end devices, Operator is entitled to optimise the display of the advertisements.
The operator does not accept any responsibility for the content of the advertisements transmitted by the advertiser or other obligations arising from the advertiser's sphere (neither for the advertisement nor for the offer mediated therein). Insofar as the Operator is exposed to claims by third parties due to inadmissible content or other violations of the law for which the advertiser is responsible, the advertiser shall indemnify the Operator upon first request. The indemnification also includes the necessary legal costs.
The operator cannot technically prevent the offer data provided in the job portal stellenwerk from being filtered out via internet and job search engines (e.g. Google, Kimeta). Therefore, the operator does not assume any liability for possible infringements of the advertiser or third parties in his/her rights which result from the filtering out of data, unless the operator has caused such infringements intentionally or through gross negligence in exceptional cases.
8. Data protection
Both the operator and the advertiser are obliged to observe the legal data protection regulations when using the stellenwerk job portal. The data transmitted and exchanged within the scope of the user relationship are processed by the operator exclusively within the scope of the contractual purposes and stored within the scope of the administration of the job portal stellenwerk. The operator's data protection declaration can be viewed here. The e-mail newsletter or other current offers of the operator are sent by e-mail if the advertiser has either given prior explicit consent or if goods or services are advertised which are similar to those for which the operator has received the electronic postal address of the advertiser upon sale, if the operator has not objected to the use of the e-mail address and if the operator clearly and unambiguously informs the advertiser upon collection of the e-mail address and upon each use that the advertiser can object to the use at any time without incurring any costs other than the transmission costs according to the basic rates.
9. External links
The job portal stellenwerk contains links to external websites. As these websites are not subject to the operator's influence, she does not assume any responsibility for their contents. The legal responsibility, also with regard to data protection law, lies exclusively with the operators of the external websites. At the same time, the operator expressly dissociates itself from any possible illegal contents of these sites or any further hyperlinks with illegal or offensive contents.
10. Place of jurisdiction
Place of jurisdiction and place of performance is Hamburg.
11. Change of the AGB
stellenwerk adapts its terms and conditions from time to time. The advertiser has to accept the respective valid version when placing his advertisement by actively ticking the checkbox indicating his agreement to the GTC when booking online or when using the placement service by confirming this on the online order form. Unfortunately, the placement of advertisements on the stellenwerk pages is not possible without agreement to the GTC.