Smarketer.Jobs | General Terms and conditions
§1 General Terms
The basis for the provision of services are the following Terms and Conditions. Terms and Conditions of the Client do not apply, even if the Contractor does not explicitly object to them.
§2 Object of Service
The contractor has developed a job portal which places job ads on Google for Jobs and allows the client to create his job ads and place them on Google for Jobs. In addition, the job portal contains a job board on which the job advertisements of the client can be found. The contractor owes no economic success.
3.1 The Client is not entitled to offset his own claims against the remuneration of the Contractor, unless the claims of the Client are undisputed or have been legally established. The same applies to the exercise of rights of retention.
3.2 The remuneration is, if applicable, plus the statutory value-added tax and is to be paid before the job ads are placed on Google for Jobs with selection of the service package. The payment is made with the monthly subscription in monthly recurring payments at the date of the contract conclusion. With the annual subscription, payment is made annually on the date of contract conclusion.
§4 Duration of Contract
Both contractual partners can (in the case of the “Professional” Package after the minimum contract period of 3 months) terminate the contract with a notice period of 14 days to the end of the month without giving reasons. The termination must be in writing, which is also deemed to be observed by e-mail. The notice of termination by the Customer by e-mail shall be sent to the following e-mail address of the Contractor: [email protected].
The client has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise the right of revocation, the client must inform the contractor by means of a clear statement of his decision to revoke this agreement. The revocation must be made in writing, which is also deemed to have been complied with by e-mail. The Customer’s declaration of revocation by e-mail must be sent to the following e-mail address of the Contractor before the expiry of the revocation period: [email protected]
§6 Responsibility, exemption
6.1 The Contractor does not verify whether the submitted contents or the Client’s pages violate the rights of third parties. The Customer is solely responsible for the permissibility and freedom from third-party rights of the terms and contents of its pages registered by it, in particular with regard to copyright law, competition law and criminal law.
6.2 The Client indemnifies the Contractor from all claims of third parties which may arise from the fact that the Client uses terms or contents which are inadmissible or encumbered with rights of third parties.
6.3 The Contractor reserves the right to reject terms or orders and not to use them for optimisation purposes if they are clearly illegal or violate business principles or morality. However, the Contractor does not carry out its own admissibility check of the terms or the contents hosted/contained on the Client’s pages. The Contractor is entitled to take the advertisements created in the name of the Client off the Internet in whole or in part, to modify them in such a way that they no longer infringe the rights of third parties, or to issue required declarations of discontinuance if the Contractor is held liable by third parties for injunctive relief.
§7 Obligations of the client to cooperate
7.1 The Client is obliged, within the scope of what is reasonable, to provide all the necessary cooperation services so that the Contractor can perform the contractual service. In particular, the Client shall provide all information necessary for the fulfilment of the contract.
7.2 The client is obliged to examine all services of the contractor immediately after execution of the contractual service and after reporting in accordance with § 3 and to give notice of defects in writing (e-mail sufficient) with an exact description within 14 days. If he fails to do so, the service of the Contractor shall be deemed approved after the expiry of these 14 days.
§8 Copyright Law
The client is solely responsible for the content of his website. This applies in particular with regard to copyright, protection of minors, teledata, press law and the right to one’s own images.
§9 Protection of Employees
The Client agrees not to contact the Contractor’s employees, or have them contacted by third parties, either directly or through commissioned third parties, with the aim of employing them for the Client’s own company. In the event of hiring an employee of the Contractor, the Client shall pay the Contractor an annual salary. This obligation shall continue to apply for a period of 2 years after termination of the Contract
§10 Warranty and Liability
10.1 For the purpose of clarification, the Contractor hereby expressly points out that an economic success is not owed.
10.2 Furthermore, the Contractor shall not be liable for damages, unless the damages are based on intent or gross negligence on the part of the Contractor or result in injury to life, health or body.
10.3 Otherwise the liability of the Contractor is excluded.
§11 Data protection
The Contractor hereby agrees to comply with the applicable provisions of data protection law, such as those of the Federal Data Protection Act.
§12 Place of Jurisdiction, Place of Performance, Choice of Law
12.1 The place of jurisdiction is the Contractor’s place of business if the contracting parties are merchants, legal entities under public law or special funds under public law.
12.2 The place of performance is the Contractor’s place of business if the contracting parties are merchants, legal entities under public law or special funds under public law.
12.3 The Law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.
§13 Final Provisions
13.1 Changes or additions to the Contract must be made in writing to be effective. Any modification of this clause must also be made in writing.
13.2 Should any provision of this Contract be invalid in whole or in part, the validity of the remaining clauses shall not be affected thereby. In such a case, the relevant clause shall be interpreted in such a way that the economic and legal purposes originally intended by it shall be achieved as far as possible.