General Terms and Conditions as of 19 November 2013
ISI Marketing GmbH, Bochum, henceforth known as ISI, is the operator of the business and job search portal JobMatch, where employees as JobSeeker and employers as Employers, henceforth known as User, may offer their services on the job market (www.jobmatch.pro).
Using keyword texts, both job advertisements and applications can be created and reviewd in little time. JobMatch compares the incoming job search profiles with the job advertisements, so that only those profiles that match the requirements set by the employer are chosen. Only suitable profiles will be forwarded to the employer(s) via email.
Apart from the automatic application process, employers may also manually browse through the list of job search profiles and search for suitable candidates without placing a concrete job advertisement on www.jobmatch.pro.
Job seekers may also manually browse through the list of job advertisements, and submit their application to the corresponding openings. Additionally, job seekers may create their own job search profile on JobMatch as well, in order to garner more attention.
These JobMatch core functions are free of charge for the User! (See § 2.1)
Costs may arise for employers only if they wish to insert additional information, i.e. insertion of a company profile with text, pictures, etc., or with banner advertisements on the JobMatch website (See § 2.2).
§ 1 Registration
Users are required to register on JobMatch in order to use the many functions available to them. After registering, Users can benefit from the many products and services on JobMatch (see www.jobmatch.pro and JobMatch price listing). For example, you can be informed via email about information relevant to our offer and the registration process, such as changes in the scope of the offer or technical factors. The data collected – depending on the use of free or fee-based products/services – is displayed in the entry field during registration process. Registration on JobMatch apply for:
- Employers – For the use of free services (see § 2.1): Company, email address, username, and password.
- Employers – For the use of fee-based services (see § 2.2): Company, address, email address, username, password, company phone number, website, full name and position of contact person, email address, telephone number and/or mobile number of contact person.
- Job seekers for the use of free services: Full name, date of birth, address, email address, username, password, and telephone number (see § 2.1).
Companies in the same branch of business may register on JobMatch, and use both the free (see § 2.1) and fee-based services and products of this job exchange service. JobMatch websites do not exclude competition.
§ 2 Compensation for Services
§ 2.1 Free Services
ISI offers at its own discretion and without prejudice the core functions of JobMatch – meaning the use of all functions of the application process for employers and job seekers in the following conditions free of charge (see also the pricing list for JobMatch):
- You can create your own search profile for one or more job openings ("job advertisements").
- You can match your job advertisement with incoming job search profiles free of charge.
- You can review the list of job advertisements and job applicants free of charge.
- You can automatically receive suitable job search profiles free of charge.
- You can contact suitable applicants of your choice free of charge.
- You can take advantage of these all these features any time you wish to.
These services remain free of charge, and can be set or cancelled, partially or fully, any time without reason. Users have no legal claim over these free services.
Employers incur costs only for additional information or advertisements on JobMatch.
§ 2.2 Fee-based services
Fees for fee-based services are subject to the most current price listing. Compensation for services rendered by JobMatch – nature and extent of advertisements – is determined by the price list published by JobMatch on www.jobmatch.pro. The valid price list is the one published at the time the employer (henceforth known as "Client" for fee-based orders) creates his offer
on JobMatch under www.jobmatch.pro.
Fees for services not included on the price list are subject to individual written agreement between ISI and the Client.
§ 2.2.1 Associated costs
Any additional costs that may arise from the order of services and products from ISI, such as email, telephone, fax, data transmission, postage, and photocopies shall be handled using common business practices.
If the costs exceed the usual levels due to individual contract provisions, ISI will notify the Client. The Client is obliged to refund these additional charges once he approves them.
§ 2.2.2 Proofreading/Editing
Costs arising from proofreading and editing due to erroneous delivery of information during the booking of fee-based advertisement (i.e. to the display of the company’s profile with text, images, etc.) are to be compensated.
These costs will only be incurred if there is a need for ISI to interfere with editing services.
The first correction, if needed, is exempt of fees, regardless of the origin of the need.
§ 3 Contract between ISI and Customers
§ 3.1 Basis and conclusion
The basis of this contract are the services offered by ISI and the services accepted by the Client(s). Only the General Terms and Conditions and price listing of ISI for JobMatch apply. ISI does not recognize any contradictions or deviations from its General Terms and Conditions by Clients; unless ISI previously agreed to these in written form.
If the employer wishes to make use of the fee-based advertisement options in accordance with § 2.2, the Client is required to register using the form provided on www.jobmatch.pro (see § 1).
A maximum of 8 files can be uploaded. The second step is for the Client to order his desired advertisement using the digital product order form available on www.jobmatch.pro.
This digital order serves as the contract between ISI and the Client. Both contractual partners agree to fulfill the guaranteed services based on the General Terms and Conditions and the JobMatch price list, available under www.jobmatch.pro.
§ 3.2 Duration and termination of contract
The contract for fee-based services is individually valid for a maximum of three months. ISI reserves the right to deactivate fee-based services after three months. The Client may reactivate these services by negotiating an new contract with ISI.
An early termination by the Client or ISI is excluded, unless otherwise indicated. Services which have started before the end of the contract period – as defined at the time of order – will continue under the terms of the contract until the expiration of the relevant valid contractual period.
ISI may terminate the contract any time in writing, if:
- the customer initiates proceedings pursuant of bankruptcy or insolvency; or
the customer applies for consent or makes a property transfer to the benefit of creditors; or appoints a receiver, trustee, liquidator, custodian or similar
pursuant of bankruptcy or insolvency.
- ISI terminates another contract with the Client, due to its breach by the customer. In which case, ISI is entitled to all outstanding amounts with immediate effect, as well as all costs and expenses incurred from all legal proceedings.
Both parties may terminate this contract with immediate effect via written notice if there is a breach of contract, and which has not been remedied within 10 days of issuance of the written notice.
§ 4 Terms of Payment
§ 4.1 Order and invoice
ISI may transfer the right to issue invoices, the collection and reception of payments to third parties within the scope of applicable terms and conditions.
For simplicity and security reasons for our customers, ISI uses Paypal as its partner for ordering and payments of its products and services.
The customers on ISI enter leave their bank details one time after signing on Paypal, which will only be used for payments for services and products from JobMatch.
More here about the safety precautions and security policies of PayPal.
The invoice comes directly after ordering fee-based advertisements via PayPal.
All prices include the most current value added tax at the time of invoicing.
The customer is liable for the payment of all sales, usage, or similar taxes for the use of services and products on JobMatch.
§ 4.2 Payment for services
Services and products ordered on the website of JobMatch are paid through PayPal. This payment is secured by the PayPal Buyer Protection for up to 45 days after the order. PayPal is not associated with additional costs for the customer. This does not include remittances in a currency other than Euro. A detailed table of fees can be found in the Terms and Conditions of PayPal.
The Client remains liable for the payment of all services purchased under this
contract, even if they are bought by other members of the Clients's own group.
It is possible that a customer acts as an agent or as an agent for its customers on JobMatch. When obliged, only the agent as the Client of JobMatch is liable for all amounts due under this agreement, regardless of whether his customer reimburses him for the payment or not.
§ 5.1 Confidentiality
ISI and the customer are required to maintain confidentiality and not disclose information to third parties (with exception to professional advisors and/or other affiliates under confidentiality obligations), without prior written consent, unless law requires such a disclosure.
The rights on this contract are non-transferable. Transferring of contractual provisions require the consent of ISI.
The Client is obliged to exercise the utmost care in the use of usernames and passwords, and to take any action that ensures the confidentiality, safe handling of the data and the prevention of their disclosure to third parties.
The customer is responsible for the use of his password or account by a third party, if it can be proved that such access was not of your fault or caused by the customer. The customer is obliged to contact ISI immediately of any potential or knowledge of unauthorized use of access.
In case of violation of one or more provisions set out in these Terms and Conditions by the customer, ISI is entitled to terminate the services without notice and delete the account, without forgoing any outstanding payments due by the customer.
§ 5.2 Data protection
The customer is hereby notified in accordance with the Data Protection Act that ISI collects, saves and uses Client information solely for the purpose of providing this offer.
ISI agrees to comply with all current valid and applicable data protection regulations. These can be found here.
This contract between the User and ISI allows ISI the right to make anonymous use of trend data analysis and overviews.
ISI reserves the right to protect the integrity of its web pages, and to provide User
contact details when prompted to do so by regulatory or executive legal authorities. ISI is also entitled to provide User contact details if there is suspicion of illegal or non-compliant use of the website.
If ISI wishes to use User data for other purposes, it is only possible with User consent. The storage of personal data remains only as long as it is necessary. Otherwise, it will be deleted.
The User agress that ISI can inform or survey via email about details on extensions of its services, major new features and other promotional announcements until the customer revokes his consent thereto.
§ 5.3 Provision of User documents
The User agrees to provide ISI with all information and documents in order to fulfill all the provisions of this contract. These include texts (self-portraits, company profiles, etc.), images, documents, PDF files indigital form.
The delivery of services by ISI may be delayed if the requirements are not fulfilled in time. The User is to inform ISI immediately as soon as any given information is or becomes out of date.
§ 5.4 Publication of customer documents
ISI reserves the right to refuse its service or remove publications if the content of these violate legal requirements, regulatory restrictions, rights of third parties, public morals or these General Terms and Conditions.
The same applies for uploaded links that lead directly or indirectly to sites containing illegal content. Fees due for fee-based services remain unaffected.
ISI is required to remove such illegal content within valid legal provisions, as well as at the request of customers.
If ISI becomes liable for illegal content or breach of law caused by the Client, the Client releases ISI of any liability. This release also includes any legal costs.
Published content by employers on JobMatch shall include:
- Self-employment or freelance work is to be clearly stated on the job offer.
- Clearly state if the applicant/candidate is required to place an initial investment (monetary and/or taking part in training). This also applies if there is a commission involved.
- The job advertisement must be based on an open position or activity.
- Job titles and responsibilities must be clearly stated.
- Website links on job advertisements must conform to the guidelines of the law, and must include a legal notice.
- Equal opportunity employment must be included in job advertisements.
- Job advertisements cannot include advertisements or active sweepstakes of any kind, even if they are related to the described job opening, such as membership advertisements, nor advertisements to promote membership in illegal pyramid schemes (§ 16 UWG).
§ 5.5 Storage of User documents
ISI is not responsible for delivered material such as texts, images, documents or
PDF files, and is not responsible to store or return these to the User.
§ 5.6 Standards of Other Countries
For any measures used on sites not operated by ISI, additional restrictions and requirements in addition to these Terms and Conditions may apply. We point out that in other countries, certain legal requirements and prohibitions
different from German law for job advertisements / job offers may exist and are to be followed. ISI is not responsible for the compliance to these provisions by the User.
§ 6 Copyright
§ 6.1 Content of Client Published Content
All intellectual rights of ownership and legal titles to the data submitted to ISI and JobMatch by the User (i.e. texts, photos, videos, PDF-data or documents) remain property of the User, unless otherwise agreed between ISI and the Client. The Client assures that ISI shall use all submitted data for the purpose of service delivery, and that the use of these do not violate the rights of third parties, especially patents, licenses or other property rights, as well as brand and competition laws.
The Client releases ISI of any liability of any breach of the law as a result of the submitted comments. The Client reimburses ISI of any resulting costs. The Client warrants that all provider identification comply to the regulations. The Client is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.
§ 6.2 JobMatch Content
This contract does not warrant the transfer or ownership or rights of usage, licenses or software licenses to customers. All rights to the software, trademarks, copyright and intellectual property rights of JobMatch remain property of ISI.
Any information published by JobMatch remains property of ISI. Only those created by the customer or a third party and adopted and published unchanged by JobMatch are exempt.
§ 6.3 Database Rights
ISI retains the exclusive database rights of the job advertisements and job
search profiles published by and on JobMatch.
§ 7 Liability, Exemption
ISI ensures the appropriate implementation of the common technical standards for the order placed by the User.
ISI is not liable for any foreign publications, published third party content, and shall take neither a stand for or against them. Publications from Users and partner companies constitute as foreign publications.
The right to verification that more extensive, lesser or even no damage has occurred remains intact. ISI is only liable for damages if they are a result of gross negligence or willfull misconduct. This also includes employees, representatives and agents of ISI.
§ 8 Final Provisions
- Should individual contractual provisions be or become ineffective, the validity of the remaining provisions shall not be affected.
- ISI reserves the right to change these General Terms and Conditions, as long as these changes are not detrimental to the interests of ISI for its Users. ISI will inform the User of any changes via email. If the User does not object to the new Terms and Conditions within the month, it shall constitute consent to the new terms. Any other special agreements are valid only in written form.
- The laws of the Federal Republic of Germany apply exclusively with the exception of the UN Sales Convention (CSIG). If the user is a businessman or legal entity of the public law or does not have local headquarters, the exclusive court of jurisdiction shall be Bochum.
Unit 1606 Tower One and Exchange Plaza
Ayala Triangle, Ayala Ave.
1226 Makati City
Telephone: +63 (02) 576-29-64
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