Terms and Conditions
By executing an order or using our Services with Jobinberlin, you (the “Customer” or “You”) agree to and accept these terms and conditions Terms (“Terms “). Please read these Terms carefully before using our services. By accessing to our services, you acknowledge that you have read and understand and agree to be bound by these Terms together with all orders you submit (the “Agreement”).
1.1 The Customer engages Jobinberlin to provide an access to the platform for job listings (the “Services”) in accordance with the terms of this Agreement and the price list. Any other terms including but not limited to your purchase terms do not apply, unless we explicitly consent to them in writing.
1.2 The version of Jobinberlin in force at the time of the last concluded contract with the Customer, shall apply to the relationship between Jobinberlin and the Customer.
1.3 Except to the intellectual property rights owned by the Customer at the signature of the Agreement, all intellectual property rights to the Services shall remain with Jobinberlin and /or its subcontractors. No ownership is transferred to the Customer. Furthermore, the Customer acknowledges that Jobinberlin is the owner of the data base of the job listings published on Jobinberlin website.
1.4 By accessing or using the Services, the Customer grants Jobinberlin with a licence in order to use, reproduce and communicate the Customer’s data including but not limited to the logo and trademarks in order to provide the relevant Services.
2. Conclusion of the Agreement
2.1 The Agreement is concluded when the Services are used by the Customer by clicking the button “Place order” on the submit page. Any amendments and additions to the Agreement shall be approved by the Customer and Jobinberlin.
3. Term of the Agreement
This Agreement shall commence from the date of acceptance of the Services’ request or order by Jobinberlin and shall continue for thirty (30) days.
4.1 Jobinberlin shall invoice the Customer the fees as set out in the order and in accordance with the price list. The price list in force when the order was signed by the Customer, shall apply to the Agreement. Any services that are not included in the price list and/or in the order, are subject to approvals between Jobinberlin and the Customer.
4.2. Payment of all fees is due in full within ten (10) days of the date of the applicable invoice. However, the Customer shall pay either by PayPal or credit card.
4.3. Payment of the fees includes all additional costs which are usually incurred for the execution of the order. However, the fees resulting from corrections and proof-reading as a result of the Customer supplying incorrect data are not included. The Customer is obliged to pay Jobinberlin for these additional costs.
4.4 Where payment of the fees is late by more than ten (10) days, Jobinberlin reserves the right to suspend the provision of the Services by giving the Customer five (5) days’ written notice. Furthermore, Jobinberlin may charge the Customer interest on such unpaid amounts at a rate of 8% above the European Central Bank interest per year.
4.5 All prices exclude any VAT legally payable on the date of the invoice.
4.6 If payment is made from abroad, the administration charge costs shall be paid or reimbursed by the Customers.
5. Representations and Warranties
5.1 Jobinberlin and the Customer warrant and represent that the execution and the performance of their respective obligations under this Agreement do not violate or conflict with the terms of any other agreement and they shall respect all applicable laws and regulations related to this Agreement.
5.2 Jobinberlin shall use its best efforts to provide the Services as set out in the order. The Customer shall provide all relevant information to comply with the order. The Customer shall inform and co-operate with Jobinberlin if any changes occurred in the relevant information requested for the provision of the Services.
5.3. The Customer warrants and represents that the content of the publication complies with all applicable laws and regulations in terms of jobs’ advertisements.
5.4 Jobinberlin and the Customer shall comply with all applicable privacy and data protection laws. The Customer acknowledges that Jobinberlin will store the contact details and the data provided by the Customer on its devices and use this data for the sole purposes of this Agreement.
6.1 Neither party shall be liable for any indirect damage arising out of or related to this Agreement.
6.2 Neither party excludes nor limits its liability to each other for fraud, death or personal injury caused by any negligent act or any other liability that cannot be excluded or limited by law. Furthermore, Jobinberlin shall not be liable for the statements and the wording of the job advertisements, the correctness of the information and job advertisements published by Jobinberlin, the responses and the quality of the applications to the job advertisements published by the Customer
6.3 Jobinberlin’s total liability to the Customer in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under the Agreement, including any indemnity or contribution shall be limited to the total value of the order signed by the Customer.
7.1 Jobinberlin will treat as confidential all Customer’s information as confidential provided that such information is expressly marked as “confidential”.
7.2 The Customer shall treat any confidential information including but not limited to password, ID, usernames with due diligence and due care and shall maintain all security measures to protect them. The Customer will be liable for any usage of the relevant password and username by non-authorised third parties. Any breach of this section shall immediately notify to Jobinberlin.
8. Force Majeure
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. In case of Force Majeure event, the party affected shall notify the other party and to inform this party in which extent the relevant party is unable to perform its obligations under this Agreement.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from the Agreement and the remaining provisions shall continue in full force and effect as if this Agreement had been executed without the invalid, illegal, or unenforceable provision. In the event that such a provision is so fundamental as to prevent the accomplishment of the purpose of this Agreement, Jobinberlin and the Customer shall immediately commence good faith negotiations to remedy such invalidity.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the German laws under the exclusive jurisdiction of the courts of Berlin.